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17-C-06 - Revising Chapter 18 bulding regulations article IVORDINANCE NO. 17 -C -06 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE IV, NATIONAL ELECTRICAL CODE, SECTION 18 -81. AMENDMENTS. 210.52 DWELLING UNIT RECEPTACLE OUTLETS (D) BATHROOMS. WHEREAS, the Texas Local Governmental Code empowers the cities to enact building codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulation of building and building construction by the City of Schertz (the "City ") is necessary to protect the public health and welfare; and WHEREAS, the City Council of the City desires to protect the safety and welfare of the citizens of the City through regulation of construction activities in the City; and WHEREAS, the City has recently updated the building codes by adopting the international codes and local amendments; and WHEREAS, City Staff has continued to evaluate the need for local amendments related the electrical requirements in bathrooms; and WHEREAS, City Staff sought input from the Planning and Zoning Commission on February 22, 2017 on this local amendment; and WHEREAS, the City Council has determined that local amendments with regard to the electrical requirements of bathroom outlets, light or fan switches, or receptacle outlets, as set forth herein, is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Amendments. Chapter 18, "Buildings and Building Regulations ", Article IV, "National Electrical Code ", Section 18 -81. Amendments, "210.52 Dwelling Unit Receptacle Outlets (D) Bathrooms ", is hereby amended to read as follows: In dwelling units, at least one receptacle outlet shall be installed in bathrooms with 900 mm (3 ft.) of the outside edge of each basin. The receptacle outlet shall be located on a wall or partition that is adjacent to the basin or basin countertop, location the countertop, or installed on the side or face of the basin cabinet. In no case shall the receptacle be located more than 300 mm (12 in.) below the top of the basin. Receptacle outlet assemblies listed for the application shall be permitted to be installed in the countertop. No light or fan switch, or receptacle outlet shall be closer than 3 feet to a shower or bathtub from the inside edge of the fixture. Exception: Where a Combination Ground Fault Circuit Interrupter /Arc Fault Circuit Interrupter over - current protective device is installed for the circuit supplying luminaires, switches, receptacles, and other electrical equipment located in the same room, and not directly associated with a bathtub or shower, no minimum clearances shall be required; but these devices shall be installed in accordance with the requirements of Chapters 1 through 4 of the National Electrical Code covering the installation of that equipment in bathrooms. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED, AND APPROVED on first reading the 7th day of March, 2017. PASSED, APPROVED AND ADOPTED on final reading the 28th day of March, 2017. R. Carpenter, Mayor ATTEST: Breda Dennis, City e retary (SEAL OF THE CITY)