CR 11-066 Adoption of Ordinance 2011-1032•
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JULY 19, 2011
Council Report 2011-066
ADOPTION OF ORDINANCE 2011-1032
Proposed Action
Staff recommends that the Council approve the following motion: Move that Hopkins City Council adopt the
Preamble and Emergency Ordinance 2011-1032.
Overview
During Minnesota State Government shutdown, the City is without an Electrical Inspector and lacks the
ability to issue electrical permits. Staff determined that an ordinance is necessary so the city can issue
electrical permits, collect fees and perform inspections just as we do with building, mechanical, and
plumbing. This Ordinance:
• Adopts the Minnesota Electrical Act
• Authorizes issuance of electrical permits, enables inspections and collection of fees
• Primary Issues to Consider
• Why is the ordinance being proposed?
Supporting Information
• Analysis of Issues
• Alternatives
• Ordinance number 2011-1032
• Resolution 11-1032-A
• Resolution 11-1032-B
Christopher P. Kearney — Building Official
Financial Impact: Additional Revenue, Amount Unknown
Source:
Related Documents (CIP, ERP, etc.):
Notes
Budgeted: Y/N No
Council Report 2011-066 2
•Page 2
Analysis of Issues
Why is the ordinance being proposed?
Under state law, any new electrical installation in virtually any construction, remodeling, replacement or
repair must be inspected for compliance with accepted standards of construction for safety to life and
property. While it's usually the state that performs these inspections, the state isn't doing any electrical
inspections nor issuing any electrical permits during the MN State Government shutdown. However, a
city can pass an ordinance authorizing inspections of electrical installations within its jurisdiction.
Once the city conveys the adopted ordinance to the Department of Labor and Industry (DLI), the city can
allow inspections to be performed within the city by individuals licensed by the state as master or
journeyman electricians. Once the proposed ordinance is passed; the City plans on contracting with the
electrical inspector who was doing our area while working for the State Board of Electricity prior to the
government shut down.
0 Alternatives
1. Adopt Preamble and Emergency Ordinance number 2011-1032
2. Do not adopt Preamble and Emergency Ordinance number 2011-1032.
Staff recommends Alternative #1.
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• EMERGENCY ORDINANCE #2011-1032
CITY OF HOPKINS
HENNEPIN COUNTY
STATE OF
MINNESOTA
AN EMERGENCY ORDINANCE ADOPTING THE MINNESOTA ELECTRICAL
ACT AND PROVIDING FOR ELECTRICAL INSPECTIONS BY
THE CITY OF HOPKINS
Preamble
Proper installation of electrical wiring and electrical systems is essential to the safety
and well-being of the citizens of and visitors to the City of Hopkins. Under state law, almost
all new electrical installations must be inspected for compliance with the Minnesota Electrical
Act. However, due to the current State of Minnesota government shutdown, electrical
inspections are not being conducted in the City of Hopkins at the present time and will not be
conducted for the foreseeable future. This has halted construction projects and will either stop
development in the City or will result in electrical installations performed without required
permits or inspections. Either outcome constitutes an emergency and requires passage of this
• Emergency Ordinance.
The Council of the City of Hopkins hereby ordains as follows:
Section 1. Authority to inspect. The City of Hopkins hereby provides for
inspection of all electrical installations, pursuant to Minn. Stat. §
326B.36. subd. 6. All such inspections will be conducted by an
electrical inspector qualified under Minn. Stat. § 326B.36, subd.
6, and selected by the Building Official.
Section 2. Incorporation by reference. The Minnesota Electrical Act, as
set forth by Minnesota Statutes Chapter 326B, Sections
326B.31 to 326B.399, and Minnesota Rules Chapters 1315,
3800, and 3801 are hereby incorporated by reference into this
emergency ordinance as if fully set out herein. All such codes
incorporated herein by reference constitute the Electrical Code
of the City of Hopkins.
Section 3. Compliance. All electrical installations shall comply with the
requirements of the Electrical Code of the City of Hopkins.
Section 4. Permits and fees. The issuance of permits and the
• collection of fees shall be as authorized in Minnesota
Statutes 326B.37. Any inspection or handling fees will be
payable to the City of Hopkins. In addition, a state surcharge
fee of 5.00 dollars shall be collected on all permits issued for
work governed by this ordinance in accordance with Minn.
Stat. § 32613.148.
• Section 5. Notice and appeal. All notices of violations and orders issued
under this ordinance shall be in conformance with Minn. Stat.
32613.36, subd. 4.
Section 6. Violations and penalties. A violation of the Electrical Code of
the City of Hopkins is a misdemeanor.
Section 7. Effective Date. This emergency ordinance is effective as of
the date adopted by the City Council.
Adopted by the City Council the 19th day of July, 2011.
ATTEST:
Deborah L. Sperling, City Clerk
•
is
Eugene J. Maxwell - Mayor
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 11-1032-A
A RESOLUTION ADOPTING THE PREAMBLE TO
EMERGENCY ORDINANCE #2011-1032:
AN EMERGENCY ORDINANCE ADOPTING THE MINNESOTA ELECTRICAL ACT
AND PROVIDING FOR ELECTRICAL INSPECTIONS BY
THE CITY OF HOPKINS
WHEREAS, proper installation of electrical wiring and electrical systems is essential to
the safety and well-being of the citizens of and visitors to the City of Hopkins; and
WHEREAS, under state law, almost all new electrical installations must be inspected for
compliance with the Minnesota Electrical Act; and
• WHEREAS, due to the current State of Minnesota government shutdown, electrical
inspections are not being conducted in the City of Hopkins at the present time and will not be
conducted for the foreseeable future; and
WHEREAS, this has halted construction projects and will either stop development in the
City or will result in electrical installations performed without required permits or inspections;
and
WHEREAS, the City Council finds that either outcome constitutes an emergency and
requires passage of this Emergency Ordinance; and
WHEREAS, the Hopkins Charter provides that the Council may adopt an Emergency
Ordinance, but requires two separate votes: one vote to approve the preamble of the Emergency
Ordinance and a second vote to approve the Emergency Ordinance itself, and each vote must be
• sustained by at least four (4) members of the Council;
1
• NOW, THEREFORE, the City Council of the City of Hopkins, Minnesota, hereby adopts
the following Resolution(s):
RESOLVED, that the Preamble to Emergency Ordinance #2011-1032 is hereby adopted
as of this date.
Adopted this 19'h day of July, 2011, by the City Council of the City of Hopkins,
Minnesota.
Eugene J. Maxwell, Mayor
ATTEST:
I* Deborah L. Sperling, City Clerk
• CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 11-1032-B
A RESOLUTION ADOPTING THE TEXT OF
EMERGENCY ORDINANCE #2011-1032:
AN EMERGENCY ORDINANCE ADOPTING THE MINNESOTA ELECTRICAL ACT
AND PROVIDING FOR ELECTRICAL INSPECTIONS BY
THE CITY OF HOPKINS
WHEREAS, proper installation of electrical wiring and electrical systems is essential to
the safety and well-being of the citizens of and visitors to the City of Hopkins; and
WHEREAS, under state law, almost all new electrical installations must be inspected for
compliance with the Minnesota Electrical Act; and
WHEREAS, due to the current State of Minnesota government shutdown, electrical
inspections are not being conducted in the City of Hopkins at the present time and will not be
conducted for the foreseeable future; and
WHEREAS, this has halted construction projects and will either stop development in the
City or will result in electrical installations performed without required permits or inspections;
and
WHEREAS, the City Council finds that either outcome constitutes an emergency and
requires passage of this Emergency Ordinance; and
WHEREAS, the Hopkins Charter provides that the Council may adopt an Emergency
Ordinance, but requires two separate votes: one vote to approve the preamble of the Emergency
Ordinance and a second vote to approve the Emergency Ordinance itself, and each vote must be
sustained by at least four (4) members of the Council;
0 NOW, THEREFORE, the City Council of the City of Hopkins, Minnesota, hereby adopts
the following Resolution(s):
RESOLVED, that Emergency Ordinance 42011-1032 is hereby enacted, effective as of
this date.
Adopted this 19th day of July, 2011, by the City Council of the City of Hopkins,
Minnesota.
Eugene Maxwell, Mayor
ATTEST:
is Deborah L. Sperling, City Clerk
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