Ordinance 2005-12
ORDINANCE NO. 2005-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING
THE 2004 CALIFORNIA ELECTRICAL CODE AND AMENDING SECTIONS 6.1 OF
CHAPTER 6 OF THE GILROY CITY CODE.
WHEREAS, Section 6.1 of the Gilroy City Code provides that the latest edition of the
uniform construction codes shall be submitted to the City Council for adoption subject to local
changes and modifications; and
WHEREAS, said Section 6.1 states that the City of Gilroy ("City") has adopted the
National Electrical Code, but California law now requires the City to adopt the California
Electrical Code;
WHEREAS, the latest edition of the electrical code adopted by this state is the 2004
California Electrical Code and annexes A, B, C, D, E, and F thereto; and
WHEREAS, California Health and Safety Code ~ 17958 authorizes a city or county to
make changes in provisions published in the California Building Standards Code or other
regulations, but specifies that if a city or county does not amend, add, or repeal ordinances or
regulations to impose those requirements or make changes or modifications in those
requirements upon express findings, the provisions published III the California Building
Standards Code and other promulgated regulations shall be applicable to the city or county and
shall become effective 180 days after publication, which date of effectiveness is August 1, 2005
for the2004 California Electrical Code; and
WHEREAS, the City Council held a duly noticed public meeting regarding the adoption
of the 2004 California Electrical Code; and
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Ordinance No. 2005-12
WHEREAS, the City Council desires to adopt the 2004 California Electrical Code and
annexes A, B, C, D, E, and F thereto effective August 1, 2005, as required by state law; and
WHEREAS, the adoption of this Ordinance is exempt from review under the California
Environmental Quality Act ("CEQA") because it will not cause either a direct physical change in
the environment or a reasonably foreseeable indirect physical change in the environment and thus
is not a "project" within the meaning of California Public Resources Code section 21065; and
WHEREAS, the City Council has reviewed all of the written materials and considered all
of the oral testimony presented to it on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The 2004 California Electrical Code and annexes A, B, C, D, E, and F thereto is hereby
adopted by this reference for the City of Gilroy effective August 1, 2005.
SECTION II
Section 6.1 of Chapter 6 of the Gilroy City Code is hereby amended to read:
Sec. 6.1 Construction Codes Adopted.
For the purpose of setting forth proper regulations for the protection of the
public health, safety and welfare, regulating the erection, construction,
enlargement, alteration, repair, moving, removal, conversion, demolition,
occupancy, equipment, use, height, area and maintenance of buildings and
structures in the city; providing for the issuance of permits and collection of fees
therefor; declaring and establishing fire districts and providing penalties for the
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Ordinance No. 2005-12
violation thereof; the following uniform construction codes are adopted to apply
in the City of Gilroy:
A. The Uniform Building Code.
B. The Uniform Mechanical Code.
C. The California Electrical Code.
D. The Uniform Plumbing Code.
E. The Uniform Code for Abatement of Dangerous Buildings.
F. The Uniform Housing Code.
G. The Uniform Administrative Code.
H. The Uniform Code for Building Conservation.
I. The California Historical Building Code.
The latest edition of each of the above codes shall be
submitted to the Council from time to time together with changes
or modifications as are reasonably necessary because of local
climatic, geological, or topographical conditions, or as otherwise
permitted by state law. The City Council may by ordinance
approve these and other California construction codes as they may
exist from time to time and changes and modifications thereto.
The ordinance shall be kept on file in the office of the city engineer
for public review.
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
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Ordinance No. 2005-12
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after its passage and
adoption.
PASSED AND ADOPTED this 13th day of June, 2005, by the following vote:
AYES: COUNCIL MEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
ATTEST:
.7: .:J
~. :f1}1.t€reUI/ A ( 'L.
Rhbnda Pellin, City Clerk
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Ordinance No. 2005-12
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-12 is an original ordinance, or a true and correct copy ofa city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
13th day of June, 2005, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 28th day of June, 2005.
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City lerk of the City of Gilroy
(Seal)