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0211 ORDINANCE NO. ,~,,i/ AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, BY REFERENCE, PUBLISHED DY THE NATIONAL FIRE PROTECTION ASSOCIATION, AS THE "ELECTRICAL CODE OF TltE CITY OF SOUTHLAKE, TEXAS", FOR WHICH SAID ORDINANCE PRESCRIBES MINIMUM STANDARDS GOVERNING THE SAFE USE, INSTALLATION, REPAIR OR ALTERATION OF ELECTRICAL EQUIPMENT, WIRING, LIGHTING AND OTHER SIMILAR COMPONENTS AND APPURTENANCES THERETO; PROVIDING FOR ADMINISTRATION, ENFORCEMENT, FEES AND APPEALS; A SEVERADILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER CITY ORDINANCES; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Southlake, Texas deems it necessary, and in the public interest, for the purposes of promoting and safeguarding the public health, safety, comfort and general welfare of its citizens by adopting a nationally recognized and authoritative electrical code designed as a practical safeguard of persons and of buildings and their contents from hazards arising from the use of electricity for light, heat, power, radio, signalling and for other purposes, when properly interpreted and implemented, and WHEREAS, the City Council further deems it proper that such a code should be comprehensive in scope to apply to electric conductors and equipment installed within or on public and private buildings and other premises, including yards, carnival grounds and parking lots, and industrial substa%ions; also the conductors that connect the installations to a supply of electricity, and other outside conductors adjacent to the premises and also non portable mobil~ homes; and WHEREAS, the City Council finds it necessary to provide with this ordinance a severability clause; make this ordinance cumulative of other ordinances; a penalty for the violation thereof; and an effective date of adoption; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1-1975 EDITION OF THE NATIONAL ELECTRICAL CODE ADOPTED. The 1975 edition of the "National Electrical Code", as published by the National Fire Protection Association, except as specifically modified by this ordinance, is hereby adopted as the "Electrical Code of the City of Southlake, Texas". Three copies of said 1975 edition of the National Electrical Code are expressly incorporated herein by reference and are on file in the office of the City Secretary for permanent record and inspection. SECTION 2- APPLICATION TO EXISTING BUILDINGS. On installations where existing electrical wiring or equipment is altered or added to, the provisions for new installations will apply. SECTION 3- CHANGE OF OCCUPANCY OR USE. The electricity supply agency shall disconnect the electrical service to any building or premises, except private residences and duplex apartments, each time such building or premises changes ownership, is leased, or changes occupancy, and it shall not again supply electricity to such buildings or premises until authorized to do so by the Electrical Inspector. The owners or the new occupants of such buildings or premises shall make application tO the Electrical Inspector for an inspection. The Electrical Inspector shall make the inspection w~thin forty-eight hours, exclusive of Saturdays, Sundays and holidays, of the time such application is made or as soon thereafter as practicable. No charge shall be made nor fee collected for such inspections. SECTION 4- CONNECTION OR RECONNECTION TO ELECTRICITY SUPPLY. It sh~ll be unlawful for any person to connect to a supply of electricity, er to supply electricity to any electrical equipment for the installation of which a permit is required, or which has been disconnected or ordered to be disconnected by the Electrical Inspector, or, except for private residences, which has been disconnected for any reason whatsoever, until such connection has been authorized by the Electrical Inspector. SECTION 5-SUPPLY OF ELECTRICITY TO PARTS OR PART OF BUILDINGS AND PREMI~S: COD~ COMPLIANCE. Electricity shall not be supplied to a part or parts of buildings or premises unless all of such buildings or premises have been made to conform with the provisions of this code. SECTION 6-BUILDINGS OR STRUCTURES SUBJECTED TO FIRE DAMAGE. All buildings or structures subjected to damage by fire shall be inspected by the Electrical Inspector, and all unsafe wiring or electrical equipment shall be repaired or replaced. SECTION 7-iNADEQUATE MAINTENANCE OR REPAIR OF AN ELECTRICAL INSTALLATION: CODE COMPLIANCE. If upon inspection an installation is found to be unsafe by reason of inadequate maintenance or repair, the Electrical Inspector may require that the electrical wiring or equipment be made to conform to the provisions of this Code, SECTION 8- APPLICATION TO BUILDINGS OR STRUCTURES MOVED INTO OR OUT OF THE ~ITY. Except for mobile homes not converted to permanent real estate, the provisions of this Code shall apply to all buildings or structures moved into or built in the City. SECTION 9- EXCEPTIONS: NOT APPLICABLE TO THIS CODE. The provisions of this Code shall not apply to: (a). Installations in mines, ships, railway cars, or to automotive equipment; (b). The installation, alteration or repair of electrical equipment installed by or for an electricity supply agency for the use of such agency in the generation, transmission, distribution or metering of electricity when such equipment is located within or on such buildings or premises used by such an agency for said purposes, or when such equipment is located on public thoroughfares; however, the provisions of this Code shall apply to all other electrical installations or equipment used for any other purposes not specifically excepted herein and located within or on such buildings or premises. (c). Installations by or for communication agencies in connection with the operation of signals or the transmission of intelligence, nor to the employees making such installations by or for such agencies, but the provisions of this Code shall apply to installations for heat,decoration, amusement, ventilating equipment and general lighting not attached to and power not directly used in connection with installations for communications, signals, and the transmission of intelligence; (d). The installations and equipment employed by a railway utility in the exercise of its functions as a utility, and located outdoors or in buildings used exclusively for that purpose, but the provisions of this Code shall apply to installations and equipment used for light, heat, power, decoration, amusement, and all other purposes located within or on such buildings or premises; (e). Special radio equipment used exclusively for radio transmissions by persons or organizations licensed to operate by the Federal Communications Commission; however, the provisions of this Code shall apply to all electrical equipment used for power supply to radio transmitting equipment; (f). The replacement of lamps or the connection of portable electrical equipment to suitably permanently installed receptacles; (g). The installation, alteration, or repair of electrical equipment for the operation of signals or the transmission of intelligence, or to installations of communication facilities by or for communications agencies; (h). Any work involved in the manufacturing or testing of electrical equipment or apparatus, except that this exemption shall not include any permanent wiring; (i). Installation in mobile dwelling structures, trailers, and other structures designed for portability; (j). The installation, alterations or repair of electrical equipment, devices, or conductors designed or used for a voltage of twenty-four (24) volts or less. SECTION 10- ELECTRICAL INSPECTOR:CREATION OF OFFICE~ QUALIFICATIONS; ASSIS-TANTS; AND CONDITION OF EMPLOYMENT. There is hereby created the office of the Electrical Inspector. The Mayor, subject to the approval of the City Council, shall appoint a qualified person to act as the administrative head of said office, for which such title shall be known as the Chief Electrical Inspector. The Chief Electrical Inspector shall be of good moral character, shall be possessed of such ability as is requisite for the performance of his duties, and shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment; shall be well versed in approved methods of construction for safety to persons and property, the statutes of the St~ of Texas relating to electrical work and any orders, rules and regulations issued by authority thereof, the National Electrical Safety Code, and the National Electrical Code as approved by the American Standards Association and shall have had at least three years experience as an electrical inspector or in the installation of electrical equipment. The Chief Electrical Inspector may employ, subject to the needs of the City, upon approval of ~s~q~or and City Council, as assistants to be electrical inspectors,/~5o ~tN~ll be designated Electrical Inspectors, and clerical assistants necessary for the proper conduct of his office and the inspection of electrical installations as provided for in this Code. The Chief Electrical Inspector may delegate any of his powers or duties to any such Electrical Inspectors. It shall be unlawful for the Chief Electrical Inspector or any Electrical Inspector, while employed by the City to engage in the business of the sale, installation, repair or maintenance of electrical equipment, either directly or indirectly, or to have financial interest in any concern engaged in such business in the City. SECTION ll- DUTIES AND POWERS OF THE CHIEF ELECTRICAL INSPECTOR. ll.I'-GENERAL: It shall be the duty of the Ch'ie~ ~lectrical Inspector to enforce the provisions of this Code. He shall, upon proper application, issue permits for the installation or alteration of electrical equipment, and shall make inspections of such installations or alterations, as provided for in this Code. ll.2 RIGHT OF ENTRY: The Chief Electrical Inspector shall have the right during reasonable hours to enter any building or premises in the discharge of his official duties, or for the purpose of making any inspection, reinspection, or test of the electrical equipment contained therein, or its installation. ll.S UNLAWFUL INTERFERENCE: It shall be unlawful for any person to hinder or interfere with the Chief Electrical Inspector or any of the Electrical Inspectors in the discharge of their duties under this Code. ll.4 KEE?ING OF RECORDS: The Chief Electrical Inspector shall keep complete records of all permits issued, inspections and reinspections made and other official work performod in accordance with the provisions of this Code. He shall also keep on file a list of electrical equipment inspected and certified by Underwriters~ Laboratories, Inc. which list shall be accessible for public reference during regular office hours. 11.5 SAFE CONDITION: DEFINITION As used in this Code, "safe condition" as applied to electrical installation and electrical equipment means installations and equipment which, in the opinion of the Electrical Inspector, can be used in the service for which the same are intended or likely to be used with minimum hazard to life, limb, or property. 11.6 WRITTEN NOTICE: When any electrical equipment is found by the Electrical Inspector to be dangerous to persons or property, he shall notify the persons or agent responsible for the electrical equipment in writing, and such person shall make any changes or repairs which are required to make such equipment in safe conditions within fifteen days or longer period that may be specified by the Electrical Inspector in such notice. 11.7 AUTHORITY TO DISCONNECT: When the person has been duly notified and dues not make the required changes or repairs to the electrical equipment within the period set out in the notice, then the Electrical Inspector shall have the authority to disconnect or order the electricity supply agency to disconnect such electrical equipment and the premises in or upon which the same is located from the source of electricity. 11.8 EKERGENCY POWERS: In case of emergency, where necessary for safety to persons or property, or where electrical equipment may interfere with the work of the Fire Department, the Chief Electrical Inspector shall have the authority, without notice to anyone, to disconnect immediately or to cause the i~ediate disconnection of any electrical equipment from the source of electrical supply. SECT[ON 12- PERMITS: 12.1 ~qK REQUIRING PER~-~FS: No person shall install electrical equipment within or on any building, structure, or premises publicly or privately owned, nor shall any person make any alteration er addition to any such existing equipment without having first secured a permit to do such work from the Chief Electrical Inspector. The Chief Electrical Inspector shall issue such permits only to qualified persons. 12.2 PERSONS QUALIFIED FOR PERMIT: No permit for constructing~ installing, altering, extending, maintaining, repairing, or replacing any electrical wiring, apparatus, or equipment or any voltage in excess of twenty-four (24) volts shall be issued to any person other than a person to whom the Electrical Inspector deems qualified by knowledge and experience to perform such work in a safe and workmanlike manner~ No permit for installing, altering, extending, maintaining, repairing, or replacing remote-control, low-energy power, low-voltage po~er, or signal circuits of any voltage shall be issued to any person other than that described above. 12.3 PERSIITS FOR EXISTING STRUCTURES: No permit shall be issued for installing, altering, extending, or replacing any' electrical wiring or equipment on any building, structure, or premises, either publicly or privately owned, within the City, if any unlawful electrical wiring or equipment exists on the same premises, until a permit to correct such conditions is first obtained. 12.4 CORRECT DEFECTIVE WIRING PERMIT: If a permit to correct defective wiring is issued, such work shall be started within forty-eight hours of the issuance of the permit and completed without delay. 12.5 PER,.lIT EX?IRAT~ON: If work, for which an electrical installation permit is issued, has not been started within six calendar months from the date of issue of such pemit, then such permit shall be null and void from and after the expiration of such six months per~od. Fees for cancelled permits shall not be refunded. 12.6 PERMIT APPLICATION: INFORMATION REQUIRED: Application for a permit required herein shall describe the work to be done and shall be made in ~/riting to the Chief Electrical Inspector by the person installing the work. Applications for permits shall include the correct street address and number of premises, the type of occupancy, the name of the owner or occupants, and the number of square feet in any occupancy where demand factors are or may be based on square-foot areas. ]2,.? PLANS REQUIRED: Plans, specifications, and schedules shall be required on all electrical work in Group A through H Occupancies as defined in the Building Code, and on all electrical work in which the total value of all labor and materials exceed twenty-five hundred dollars($2,500.O0). Such p~ns shall be signed by a Registered Professional Electrical Engineer or a licensed qualified Electrician. Such plans shall accurately describe the proposed work. The Chief Electrical Inspector shall examine such plans and shall issue a permit on such work when the proposed work is found to be in conformity wi th the requirements of this Code. Any deviation from the approved plans must be approved by the Chief Electrical Inspector. 12.8 APPROVAL OF INSTALLATION CHANGES REQUIRED: No deviation may be made from the installation described in the permit without the written approval of the Chief Electrical Inspector. 12,9 CONDITION OF PERMIT: The issuance of a permit shall not be construed as approval of plans, specifications~ or schedules, or of work contemplated by such pemit. 12.10 SEPARATE PERMITS: REQUIREMENTS: A separate permit shall be required for each separate electrical service installed. Im trailer and mobile home parks, the individual trailer or mobile home disconnect switches shall not be deemed separate services. 12.11 PERMITS FOR ELECTRICAL FENCES: Permits shall be issued by the Electrical 'Inspector for electrical fences only upon approval by the City Council. 12.12 REVOCATION OF PERNIT PRIVILEGES: No permits shall be issued to any person unless and until such person shall have paid all fees for prior permits and inspections issued to and charged to him. 12.13 ADMINISTRATIVE PROCEDURES: The Chief Electrical Inspector may make and issue in writing such administrative regulations in connection with the filing of applications of permits by telephone, the filing and recording of applications and permits, and the billing and collecting of inspection and permit fees. SECTION 13- INSPECTIONS AND FEES: 13.1 I~SPECTIONS REQUIRED: It shall be unlawful for any person to place in operation any electrical equipment for which a permit is required and which has not been inspected and approved by the Chief Electrical Inspector. 13.2 UNLA!'iFUL TO CONCEAL ELECTRICAL EOUIPMENT: CONDITIONS: It silall be unlawful for any person to conceal any electrical equipment which has been disapproved or condemned by the Chief Electrical Inspector unless and until the same has been so repaired or altered that it complies with all provisions of this Code and has thereafter been approved by the Chief Electrical Inspector. EXCEPTIONS: When any electrical equipment is to be hidden from view by the permanent placement of parts of the building or equipment, the person installing the equipment shall notify the Chief Electrical Inspector, and such equipment shall not be concealed until it has been inspected and approved by the Chief Electrical Inspector or until forty-eight hours, exclusive of Saturdays, Sundays, and holidays, shall have elapsed from the time of such notification; provided, that on large installations where the concealment of equipment proceeds continuously, the person installing the electrical equipment shall give the Electrical Inspector due notice, and inspections s~all be ma~e periodically during the progress of the work. 13.3 AUT}~ORITY TO UNCOVER WIRING OR ELECTRICAL EQUIPMENT: The Chief Electrical Inspector shall have the authority to require any person to uncover any wiring or electrical equipment which has been concealed without the knowledge or permission of the Electrical Inspector. 13.4 INSPECTION REQUEST REQUIRED: Upon completion of any installation of e~ectrica] equ~pnmnt which has been made under a permit issued pursuant to this Code, it shall be the duty of the person making the installation to notify the Chief Electrical Inspector who shall inspect the installation within forty-eight hours, exclusive of Saturdays, Sundays and holidays, of the time such notice is given. 13.5 NOTICE OF WORK CONFORMITY WITH CODE: Where the Chief Electrical Inspector finds the installation to be in conformity with the provisions of this Code, he shall issue to the person making the installation a notice of conformance, which shall be placed on the equipment or premises, authorizing the use of the installation. 13.6 NOTICE TO UTILITY COMPANY AUTHORIZING CONNECTION: When the Chief Electrical Inspector has issued a Notice of Conformity, he shall send written notice to the agency supplying the electric service authorizing connection of the confo~ling installation to such service. 13.7 CERTIFICATE OF APPROVAL: FINAL : When the owner or his agent requests a Certificate of Approval for a conforming installation, the Chief Electrical Inspector shall issue such a certificate which will accurately describe the installation and certify its inspection and approval. 13.8 CERTIFICATE OF APPROVAL: TEMPORARY INSTALLATION: When a certificate of approval is issued authorizing the connection and use of a temporary installation, such certificate shall be issued for a specified period as stated thereon, and shall be revocable by the Chief Electrical Inspector for good cause. 13.9 NOTICE OF NON-CONFORMANCE OF INSTALLATION WITH CODE PROVISIONS: If, upon inspection, the installation is found not to conform with the provisions of this Code, the Chief Electrical Inspector shall issue a notice of non-conformance and shall notify the person making the installation of the defects which have been found to exist. All defective work shall be corrected and brought in conformity with the provisions of this Code within ten (I0) days from the date of the written notices. If the defective work is not corrected within the said ten (10) days, no further electrical work will be permitted within or on the building or premises and the person making the installation will not be issued any other pem~its to perform any other electrical work. The provisions of this section shall in no way nullify the Emergency Powers set out in Section 11.8 of this Code. 13.10 INSPECTION FEES: REQUIREMENTS: Each person applying for a permit shall pay an inspection fee as set forth herein, Payment of such fees shall in no way excuse the permit holder or his designated representatives or employees from the penalties set forth in this Code. Inspection fees for each permit shall be charged as set out in the following "Inspection Fee Schedule": INSPECTION FEE SCliEDULE LIGHT OUTLETS, FIXTURES~ SWI~fCHES~ RECEPTACLES NUMBER ' FEE 10' or less Over l0 but not exceeding 20 Over 20 but not exceeding 30 Over 30 but not exceeding 40 Over 40 but not exceeding 50 Over 50 but not exceeding 60 Over 60 but not exceeding 70 Over 70 but not exceeding 80 Over 80 but not exceeding 90 Over 90 but not exceeding 100 Over 100 $ 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 lO.O0 ll.O0 0.10 each NUMSER l0 or less Over l0 but Over 15 but Over 20 but Over 25 but Over 30 but Over 40 but Over 50 but Over 60 but Over 70 but Over 80 but Over 90 but Over 100 APPLIANCES, MACHINES, CONTROLS, EQUIPMENT MOTORS,GENERATORS~WELDERS not exceeding 15 not exceeding 20 not exceeding 25 not exceeding 30 not exceeding 40 not exceeding 50 not exceeding 60 not exceeding 70 not exceeding 80 not exceeding 90 not exceeding 100 FEE $ 2.OO 25.00 35.00 45.00 55.00 70.00 90.00 llO.O0 130.00 150.00 170.00 190.00 2.00 each SERVICES All services 3.00 each SiGNS-BILLBOARDS New-Service Fee Plus Extend Existing Circuit MISCELLANEOUS FEES First Turndown Successive Turndowns Wrong Address 3.00 3.00 No Charge 2.00 each 2.00 each 13.11 INSPECTION FEES: DEFINITIONS: The following definitions shall apply in determining inspection fees. a. APPLIANCES, MACIIINES, EQUIPMENT are those items that contain motors, generators, welders and controls that are delivered on the job site as a packaged unit and are prewired according to the National Electrical Cede. b. CONTROLS, MOTORS, WELDERS, GENERATORS are separate items that are required to be connected separately. c. SERVICES include temporary and pennanent, main or branch service connection. d. TURNDOWN occurs where a re-inspection is required by the Electrical Inspector because non-confoming work was found by the Electrical Inspector in the prior inspection. e. WRONG ADDRESS is that situation where a field inspection was attempted but not completed because a wrong address was given by the permit holder or his representative. 13.12 INVESTIGATION FEE: AMOUNT AND WHEN REQUIRED: When electrical work requiring a permit' is found to be in progress or completed and no permit has been issued for such work, an Investigation Fee of double the amount of the Inspection fee shall be charged to the person doing all or part of the work in addition to such fees as are required by this Code, unless such work was required as an emergency measure to correct or abate an unsafe or hazardous condition. SECTION 14- APPEALS : 14.1 CREATION OF ELECTRICAL BOARD OF APPEAL: The "Electrical Board of Appeal" 'a'ppointed by the Mayer, subject to the approval of the City Council, or in the absence of such an appointed board the Mayor and City Council shall act as an "Electrical Board of Appeal" and hear the appeals of persons aggrieved by any order er decision made by the Chief Electrical Inspector or his assistants, and shall render a decision on each appeal. 14.2 APPEALS TO THE ELECTRICAL BOARD OF APPEALS AND PROCEDURES: ~5~ appellate procedure shall be as follows: a. The appeal shall be filed with the City Secretary in writing within fifteen days from the date of the decision or order appealed from. Such appeal shall be in duplicate, shall refer to the specific decision or order appealed from and shall clearly state the appellant's grounds for appeal. The City Secretary shall notify the Chairman of the Board of Appeals of all appeals filed. Such appeals shall be placed on the agenda of the Board for hearing. The Board shall notify all necessary parties of the date and location of the hearing. Parties may appear before the Board in person, by agents, or by attorney. The Board may require such additional data and tests as it deems necessary for adequate decision of the appeal. b. The appellant shall be required to pay a fee of Twenty-Five Dollars ($25.00) per appeal, which fee shall be returned to the appellant if the decision of the Chief Electrical Inspector or his assistants is reversed. c. The Chief Electrical Inspector shall transmit to the Board all records and data in their possession which are relevant to the appeal. d. All orders or decisions made pursuant to this Code which are appealed from shall be stayed pending the final decision of the Board. However, if the Chief Electrical Inspector certifies to the Board that by staying such order or decision a hazardous situation to life or property would exist, then such order or decision shall remain in full effect pending the final decision of the Board. e. The Board shall have the power in all cases appealed to it to affirm, reverse or modify in whole or in part the decision or order which is appealed from. No decision of the Board shall vary or be inconeistent with the terms, provisions and requirements of this Code. f. The Chief Electrical Inspector shall enforce and execute all decisions and orders of the Board. g. The Board shall have the power to approve alternate and new materials, methods and decisions in accordance with the applicable provisions of this Code. However, the Board shall have no power to limit, amend, modify or change the provisions of this Code, unless done in accordance with State Statutes upon public hearing and ordinance adoption by the City Council. SECTION 15-SEVERABILITY CLAUSE: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional~ such decision shall not affect the validity of the remaining portions of this Ordinance. Any or all of the remaining portions of this Ordinance not held to be unconstitutional shall continue to be in full force and effect. SECTION 16- CUMULATIVE OF OTHER ORDINANCES: This ordinance shall be and is hereby declared to be cumulative of the provisions of other applicable ordinances of the City of Southlake, Texas, including all amendments thereto, regulating the performance of electrical work and installations thereof. It is specifically provided that Sections 2 through 17 of this said Ordinance shall be controlling in the event of conflict with any provisions of The National Electrical Code described in Section 1 hereof. SECTION 17- PENALTY FOR VIOLATION: Any person, firm, association of persons, company or corporation or their agents, servants or employees who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance shall be punished by a fine not less than Ten Dollars ($10.00) nor more then Two Hundred Dollars ($200.00) for each offense. Each day that a violation exists is hereby declared to be a distinct and separate offense and punishable by law. 3 Y7 =wand 01 SV 03AOUdV �ae�aaoaS 4140 UUS311V aocew 'bL6 L -R13-;p6/4". s Jo iCep 7 03SSVd •peuppao os 4L6upa000e pue 'met cq pa4nbea se uppeol.tqnd pue e6essed sq. aaue pue woa j. a.oa}J.a pue aoao4 aq pup an .goa449 awooaq nap aoueu pao s«{1 ;31Va 3AI103dd3 -8L N0I103S