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HomeMy WebLinkAboutO-1989-1637 ~ ~ . . ORDINANCE NO. 1637 AN ORDINANCE ADOPTING A NEW ELECTRICAL CODE FOR THE CITY OF LA PORTE: REPEALING ORDINANCE NO. 1254, TOGETHER WITH AMENDMENTS TO ORDINANCE NO. 1254 - A THROUGH B INCLUSIVE: AND PROVIDING FOR THE ADOPTION OF THE 1987 VERSION OF THE NATIONAL ELECTRIC CODE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS: PROVIDING A SEVERABILITY CLAUSE: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) PER OCCURRENCE: AND PROVIDING AN EFFECTIVE DATE HEREOF: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Electric Code of The City of La Porte, attached to this Ordinance as Exhibit "A", which is fully incorporated by reference herein, is hereby adopted. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Specifically, Ordinance No.. 1254, together with amendments to Ordinance No. l254-A th rough ~ , inclusive, are expressly repealed. Section 3. The regulations and rules of the National Board of Fire Underwriters embodied in the National Electric Code, 1987 Version or approved successive versions, are hereby adopted as the rules and regulations to govern and to be observed and followed in all electric wiring and in all electrical construction, installation, repair, alteration, operation and maintenance of electric wiring, apparatus, and fixtures, except insofar as they may conflict with the provisions of The City of La Porte Electric Code. In a case of conflict between the provisions of the National Electric Code and the provisions of The City of La Porte Electric Code, the provisions of The City of La Porte Electric Code shall prevail. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public of the City Hall of The City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252- 17, Texas Revised Civil Statutes Annotated: and that this meeting has been opened to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City .. ~ . , .... . Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of the City Council to have passed each section, sentence; phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or any part thereof may be declared invalid. Section 6. Any person, as defined in Section 1.07(27) Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) per occurrence. Section 7. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of The City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the I..q~ day of /n~ , 1989. CITY OF LA PORTE By d:~~~~~ ATTEST: ~~ Ch le BlacK, City Secretary '. ELECTRIC CODE CITY OF LA PORTE, TEXAS e ORDINANCE NUMBER: DATE OF ADOPTION: 1t,37 3-/3-39 . e CITY OF LA PORTE ELECTRIC CODE PAGE Table of Contents i-iii PART 1 ADMINISTRATIVE PROVISIONS I. GENERAL PROVISIONS 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1. 11 Electrical Work Defined Electrical Work to be Done Only by or Under Licensed Master Electrician Inspector Defined Tampering Outlawed Improper Performance by Master Electrician Electrical Board Quorum of Board Review of Decisions of Inspector Appeal from Action of the Electrical Board Insurance Requirements Adoption of National Electric Code 1 1 1 1 2 2 3 3 3 4 4 II. LICENSING AND CERTIFICATION A. General Provisions 2.01 Fees 2.02 Term of License 2.03 Revocation of Licenses 2.04 License and Certificates Not Assignable 5 5 5 6 B. Master Electrician 2.05 Master Electrician Defined 2.06 License Required 2.07 License Number; Display 2.08 "Bootlegging" Licenses Outlawed 2.09 Qualifications of Applicant 2.10 Application 2.11 Examination 2.12 Issuance of License 2.13 Temporary License 2.14 Change of Employment 6 6 6 6 7 7 7 8 8 8 C. Journeyman Electrician 2.15 Journeyman Electrician Defined 2.16 Registration Required 2.17 Qualifications of Applicant 2.18 Application 2.19 Issuance of License 2.20 Display of License 9 9 9 9 10 10 i . e D. Maintenance Electrician 2.21 Maintenance Electrician Defined 2.22 Definition of "Electrical Maintenance Work" 2.23 Electrical Maintenance Work to be done by Licensed Maintenance Electricians; Exceptions 10 Application for License as Maintenance Electrician 11 Examination 11 License Contents 11 Display of License 11 Change of Employment 11 Permit of Employer of Maintenance Electrician 12 2.24 2.25 2.26 2.27 2.28 2.29 10 10 E. Apprentice Electrician 2.30 Apprentice Defined 2.31 Registration Required 2.32 Application for Certificate 2.33 Certificate 2.34 Display of Certificate 12 12 12 13 13 III. INSPECTIONS 3.01 Issuance of Permits; Inspections 13 3.02 Entry upon Private Property 13 3.03 Inspection of Installations to be Hidden from View 13 3.04 Certificate of Approval 14 3.05 Re-Inspection; Correction of Unsafe Conditions 14 3.06 Schedule of Fees for Inspection 14 3.07 Failure to Pay Inspection Fees 16 IV. PERMITS 4.01 4.02 4.03 Permit Required Permit Application and Issuance Display of Permit 16 17 17 PART 2 EXCEPTIONS TO NATIONAL ELECTRIC CODE I. MATERIALS 5.01 5.02 5.03 5.04 5.05 5.06 Aluminum Conductors Conduit in Commercial Buildings Residential Capacity and Branch Circuits Window Air Conditioners and Space Heaters Wiring within Buildings Ground Contact 18 18 18 19 19 19 ii . e II. INSTALLATION 6.01 Meter Cabinets 19 6.02 Feeders 20 6.03 Flexible Conduit 20 6.04 Specific Regulations for Dwellings 20 6.05 Franchise to Install Equipment of or in Streets, etc. 21 III. GENERAL PROVISIONS 7.01 Suspension of Approval of Materials 21 7.02 Prohibition of Installation of Non-Conforming Goods 21 iii . e PART 1 ADMINISTRATIVE PROVISIONS 1. GENERAL PROVISIONS 1.01 Electrical Work Defined. "Electrical work" shall mean the installing, maintaining, altering, repairing or erecting of any electr ical wir ing, apparatus, dev ices, appl iances, fixtures or equipment for which a permit is required under the terms and provisions of the Electric Code. 1.02 Electrical Work to be Done Onlv by or under Licensed Master Electrician. Except as herein provided, it shall be unlawful for any person to do electrical work within the City unless such person is a master electrician licensed under the provisions of this Electric Code, or unless such person does such electrical work under the supervision, direction and control of a master electrician licensed under the provisions of the Electric Code. Nothing in the Code shall ever be construed or operate to prevent any person from doing electrical work in or on his property which he owns, where he resides and which he maintains as a homestead. Such homeowner shall not be required to be a licensed electrician but shall otherwise conform to all other requirements of the Code. In doing electrical work on his own property, as provided herein, such owner shall not use any hired assistant unless such assistant is duly licensed under the terms of the Code. Except as provided above, no electrical work shall be performed by any person not the holder of the required license or certificate. No person, firm or corporation shall employ any other person for doing electrical work unless such person proposed to be employed is the holder of the proper license or certificate. 1.0~ Inspector Defined. As used in this Code, the term "Inspector" shall mean the Chief Electrical Inspector of the City or any of his assistants. 1.04 Tampering Outlawed. (a) It shall be unlawful for any person to bridge, tamper with or change from its original installation except upon the approval of the Inspector, and then only after a proper permit for alteration has been issued, any fuse of the plug, cartridge type or link type, . . ELECTRIC CODE PAGE 2 installed in panel boards, main switches or switchboards, or to alter or change circuit breakers so that the original calibration will be effected or to tie down or secure any circuit breaker so that it will not function properly. (b) It shall be unlawful for any person, in any manner, to interfere with any electrical wiring installed or being installed in, or on, within or without any structure or building. If in the course of erection of a building or structure the wiring is in such position as to interfere with the erection or completion of the building or structure as called for by the plans, notice shall immediately be given the person installing the wiring and the needed change shall be made by such person. (c) It shall be unlawful for any person to make connection from a source of electrical energy to any electrical wiring, apparatus, devices, appliances, fixture and equipment for the installation of which a permit is required until it shall have received, as herein provided, and shall have retained, in its files available for inspection, a certificate of approval issued by the Inspector authorizing such connection and the use of such wiring, apparatus, devices, appliances, fixtures and equipment. (d) It shall be unlawful for any person to make connection for a source of electrical energy to any electric wiring, apparatus, devices, appliances, fixtures and equipment which have been disconnected by the Inspector or the use of which has been ordered by the Inspector to be discontinued until a certificate of approval has been issued by the Inspector as herein provided. 1.0t; Improper Performance by Master Electrician. Should any master electrician perform work which is not in accordance with the provisions of this Code, it shall be the duty of the Inspector to report such fact to the owner of the premises and to the City Manager. Until such work has been completed in compliance with this Code, it shall be the duty of the Inspector to refuse further permits to said master electrician until such time as said work has been properly done. 1.06 Electrical Board. There is hereby created an Electrical Board, which shall consist of five (5) members. The five (5) members of the Board shall be appointed by the City Council. The five (5) members shall be selected by positions, as follows: Chairman Position shall be filled by a member of the City Council of the City of La Porte, Texas. Position No.1 shall be filled by an engineering department representative in the employ of an Electric Public Utility Company. e e ELECTRIC CODE PAGE 3 Position No. 2 and ~ shall each be filled by a Master Electrician, licensed in the City of La Porte, Texas. Position No.4 shall be filled by a Registered Engineer licensed in the State of Texas. In addition to the five (5) members stated above, the Chief Electrical Inspector of the City shall be an ex-officio member. The Electrical Board members serving at the time of passage hereof shall continue to serve until April 30, 1990, or until the successor of each has been appointed and qualified. Appointments thereafter shall be made on or after May 1 of each even-numbered year, and shall take effect from the date of appointment. All appointments shall be for a two-year period until April 30 of the next even-numbered year, provided, however, each member of the Board shall serve until his successor has been appointed and qualified. Any member of the Board shall be subject to removal at the will and pleasure of the City Council. The members of the Board shall not receive compensation for their services. 1.07 Quorum of Board. Three (3) members of the Board present at any meeting shall constitute a quorum for the granting and revocation of licenses and for the transaction of all other business of said Board, and a majority vote of the five (5) members of the Board at any meetings thereof shall prevail. 1.08 Review of Decisions of Inspector. Any person aggrieved by an action of the Inspector may, within two (2) days after such action, file a petition in writing for review of said action with the Electrical Board by delivering the petition to the City Secretary. The Electrical Board, within fifteen (15) days after date of the filing of said petition, shall hear and determine said appeal. The Board shall have the right to sustain, modify or reverse the action of the Inspector. Until such time as the Inspector's action is reversed or modified by the Electrical Board, such action shall in all things be effective. The decision of the Electrical Board shall be subject to review by the City Council as provided in Section 1.09. 1.0Q Appeal from Action of the Electrical Board. Any person dissatisfied with an action of the Electrical Board may appeal such action to the City Council. The appeal shall be perfected by delivering a letter to City Secretary stating that an appeal from the ruling of the Electrical Board is desired. Said letter shall be delivered within ten (10) days after the action from which the appeal is made. Upon receipt of notice of such appeal, Council shall set same down for hearing to be held within fifteen (15) days after the receipt of the notice, and shall notify the appellant and the - e ELECTRIC CODE PAGE !J Electrical Board of the date of such hearing. The Electrical Board, as well as the appellant, shall have the right to be heard at the hearing. Council shall have the right to affirm, modify or reverse the action of the Board. The action of Council shall be final. The action of the Electrical Board shall be in all things effective until reversed or modified as provided for herein. If no appeal be taken within the time and in the manner hereinabove provided, the ruling of the Electrical Board shall be final. 1.10 Insurance Requirements. No permit shall be issued until the master or maintenance electrician or his employer shall have arranged to carry the following insurance: (a) Worker's compensation insurance on each and everyone of his employees and this insurance shall be in accordance with the provisions of the Worker's Compensation Act of the State of Texas; (b) Public liability insurance to the extent of Fifty Thousand Dollars ($50,000.00) for anyone (1) accident and One Hundred Thousand Dollars ($100,000.00) for anyone (1) person; (c) Property damage insurance to the extent of Ten Thousand Dollars ($10,000.00) for anyone (1) accident and One Hundred Thousand Dollars (100,000.00) in the aggregate; and (d) A License and Permit Bond in the Amount of $5,000.00 and in favor of the City of La Porte. Such insurance shall be written by an accredited company under the supervision of the Board of Insurance Commissioners of the State of Texas. Evidence of compliance with the above insurance requirements shall be considered as having been met when the policy, a copy thereof, or a certificate of insurance has been filed with and approved by the Electrical Board. Such policy shall include an endorsement thereon that the Electrical Board will be notified at least ten (10) days in advance in the event of the policy or policies being cancelled or expiring before the expiration date of the license. 1.11 Adoption of National Electric Code. The regulations and rules of National Board of Fire Underwriters embodied in the National Electric Code, 1987 or approved successive editions, are hereby adopted as the rules and regulations to govern and to be observed and followed in all electric wiring and in all electrical construction, installation, repair, alteration, operation and ma intenance of electric wiring, apparatus, and fixtures, except insofar as they may conflict with the provisions of the City of La Porte Electric Code. e e ELECTRIC CODE PAGE 5 In a case of conflict between the provlSlons of the National Electric Code and the provisions of the City of La Porte Electric Code, the provisions of the City of La Porte Electric Code shall prevail. II. LICENSING AND CERTIFICATION A. GENERAL PROVISIONS 2.01 Fees. (a) Before a license or certificate is issued, the following fee shall be paid to the Inspector: (1) (2) (3) (4) For a master electrician ......... For a journeyman electrician ..... For a maintenance electrician .... For an apprentice electrician .... $ 50.00 10.00 10.00 5.00 I Init. Fee- I per year " " " " (b) Before a license or certificate is renewed, the following fee shall be paid to the Inspector: (1) For a master electrician . . . . . . . . . $ 40.00 I per year (2) Inactive master electrician 10.00 " " . . . . . . (3) For a journeyman electrician 10.00 " " . . . . . (4) For a maintenance electrician..... 10.00 " " (5) For an apprentice electrician..... 5.00 " " (c) Each applicant for examination or for re-examination as a master electrician shall pay the fee of $50.00 to the Inspector. _ Upon passing the examination, the second year fee of $40. 00 is required before the City can issue the license for the proper term. 2.02 Term of License. All licenses and certificates (new and renewal) shall expire on December 31. Licenses and certificates are issued on a two (2) year basis and fees shall not be pro-rated. All licenses shall be renewed within six (6) months of their expiration to avoid re-testing. 2.01 Revocation of Licenses. Any license provided for in this Code may, after hearing by the Electrical Board, be suspended or revoked by the Board, based upon its finding that its holder has willfully, maliciously, or by reason of incompetence, v iolated this Code or any amendment hereto on one (1) or more occurrence. e e ELECTRIC CODE PAGE 6 2.04 Licenses and Certificates Not Assi&mable. No license or certificate issued in accordance with the provisions of this Code shall be assignable or transferable. B. MASTER ELECTRICIAN 2.05 Master Electrician Defined. "Master electrician" shall mean the holder of a Master Electrician License. 2.06 License Required. No person shall undertake to do any electrical work, as defined in Section 1.01, unless he is the holder of a Master Electrician License, or one of the exceptions stated in Section 1.02 is applicable to him. 2.07 License Number; Display. Each master electrician shall be assigned a number which will be his permanent identification. This assigned number will appear on the Master Electrician License each year when renewed and shall be displayed in his current place of business. The company name and license number of the master electrician shall be permanently displayed on each side of each vehicle used by him in his work or by those working under him. The letters used in such display shall be at least two (2) inches in height. 2.08 "Bootlegging" Licenses Outlawed. (a) No master electrician shall assign or in any other way convey his license, the use thereof, or any rights thereunder, to anyone by power of attorney or any other process, or become involved in any type of agreement, assignment, or use whereby the master electrician will not have supervision, direction and control of the electrical work for which the electrical permit is obtained by the master electrician. (b) A master electrician who is employed as a master electrician for a person, firm or corporation shall take out electrical permits only for that person, firm or corporation, and shall directly supervise, direct and control the electrical work for which the electrical permit is obtained. The term "employee" as used shall be interpreted to mean a full time permanent employee (approximately forty (40) hours per week, reasonable times of relaxation and vacation excepted). All permits must be signed by the master electrician. (c) A master electrician who is engaged in the electrical business for himself shall take out electrical permits for his business only and no electrical permit shall be taken out by any master electrician that he does not directly supervise, direct and control the electrical work for which the permit was obtained. e e ELECTRIC CODE PAGE 7 (d) It is hereby intended to prevent a master electrician from securing a permit for the purpose of abating the spirit and intent of this Code by entering into any simulated scheme, transaction or device, whereby electrical work will be done by persons who are not employees of the master electrician, or employees of his employer. (e) Should any master electrician violate this provision or any of the other provisions specifying that the master electrician shall directly supervise, direct and control the work for which he obtains a permit, his Master Electrician License issued to him under the provisions of this Code shall be revoked by the Electrical Board after notice and hearing. 2.0Q Qualifications of Applicant. Each applicant, before he shall be entitled to take the examination provided for herein, shall have had six (6) years experience as a journeyman electrician, active and practical, during which six-year period he shall have devoted not less than two-thirds (2/3) of his time, exclusive of normal periods of rest and recreation, to electrical work in general. For the purpose of this requirement, a degree or a diploma from a school of electrical engineering shall be considered as the equivalent of two (2) years active and practical experience. 2.10 Application. An application for a Master Electrician License shall be made in writing to the Electrical Board, and shall contain the following: (a) Name and address of applicant; (b) Statement as to the active and practical experience of the applicant; (c) Picture identification will be required at the time of the examination; All applications shall be sworn to before an officer of this state authorized to administer oaths, and officially certified to by such officer under his seal of office. 2.11 Examination. (a) Regular examinations for Master Electrician Licenses shall be held at the discretion of the Electrical Board but in no case less than two (2) per year, and not more than seven (7) months between examinations. . e ELECTRIC CODE PAGE 8 (b) Each applicant for said license shall be given a reasonable examination as to his qualifications to install, repair, alter and ma inta in electrical appl iances, wir ing, apparatus, dev ices, fixtures or equipment, for which a permit is required under the terms and conditions of this Code, and as to his qualification to plan installations of electrical wiring and equipment to plan changes, to prepare plans and specifications, to interpret plans and specifications and to supervise various types of electrical installations for which a permit is required in this Code. (c) A complete record of the examination given, consisting of the questions, answers, grades and final results shall be kept in a permanent record book of the Board for a period of not less than one (1) year. The applicants shall have the right at any time during reqular office hours to inspect such record book as to his examination in the presence of a member of the Electrical Board. (d) Any applicant failing an examination for a Master Electrician License for the first time shall be allowed to take a second examination after six (6) months. After the second failure, he shall be required to wait an additional six (6) months for a third examination, an additional one (1) year for a fourth, and an additional one (1) year between subsequent examinations. Each applicant for re-examination shall make application for same to the Electrical Board on form issued and approved by said Board and each such application shall be accompanied by the examination fee as provided in Section 2.01. 2.12 Issuance of License. The Board shall grant licenses applied for and shall issue certificates therefor to each applicant who shall make a grade of seventy percent (70%) or better on each part of the examination given him; providing that in no case shall a license be granted until after payment by the applicant of the fee provided herein; and provided further that all work previously performed by an applicant for renewal of license shall have been done in accordance with provision of this Code. 2.1~ Temporary License. No temporary license shall be issued to any person except in cases of emergency and then only upon authorization by the City Council. 2.14 Change of Employment. Each master electrician shall notify the Inspector immediately, but in no case longer than ten (10) days, when he makes any change in his employment; giving in such notice the name of his new employer and the location of the premises in or on which he is to be employed to perform electrical work. e e ELECTRIC CODE PAGE 9 C. JOURNEYMAN ELECTRICIAN 2.115 Journeyman Electrician Defined. "Journeyman Electrician" shall mean the holder of a Journeyman Electrician License. 2.16 Registration ReQuired. No person shall perform electrical work under the supervlslon, direction and control of a master electrician unless such person shall have first registered with the Electrical Board and received his Journeyman Electrician License. The term "journeyman electrician," however, shall not include an apprentice electrician and nothing herein shall be construed as prohibiting an apprentice electrician from doing electrical work under the direct, constant, personal supervision and control of either a master electrician or journeyman electrician. 2.17 Qualifications of Applicant. Each applicant, before he shall be entitled to registration and the issuance of a license to him, shall have had four (4) years active and practical exper ience, during which four-year period he shall have devoted not less than two-thirds (2/3) of his time, exclusive of normal periods of rest and recreation, to electrical work in general. For the purposes of this requirement, a degree or diploma from a school of electrical engineering shall be considered as the equivalent of two (2) years active and practical experience. If, for any reason, an applicant is not able to verify his qualifications to the satisfaction of the Board, the Board may administer to the applicant an examination testing his abilities to perform electrical work. The Board shall issue a Journeyman Electrician License to each applicant receiving a grade of seventy percent (70S) or more on said examination. 2.18 Application. Each application for a Journeyman Electrician License shall contain the following: (a) Name and address of applicant; (b) Statement as to the active and practical experience of the applicant; (c) Picture identification will be required at the time of the examination. All applications shall be sworn to before an officer of this state authorized to administer oaths, and officially certified to by such officer under his seal of office. . e ELECTRIC CODE PAGE 10 2.1q Issuance of License. Upon approval of the application by the Board, a Journeyman Electrician License shall be issued to the applicant. Such shall contain the name, license number, expiration date, and date of issuance thereof. 2.20 Displav of License. Every holder of a Journeyman Electrician License shall wear his license upon or about his person while performing the act which such license entitles him to perform. D. MAINTENANCE ELECTRICIAN 2.21 Maintenance Electrician Defined. "Maintenance electrician" shall mean the holder of a Maintenance Electrician License. 2. 22 Definition of "Electrical Maintenance Work". "Electrical maintenance work" shall mean the keeping in safe repair of any and all electrical installations, apparatus and equipment, and the keeping in safe repair or moving and relocating of electrical equipment within a building or in or on the premises where the maintenance electrician is regularly employed on a permanent basis, for which work a permit is required under the terms and provisions of this Code, but does not include the installation of new and additional electrical work, electrical equipment or electrical apparatus. 2.2~ Electrical Maintenance Work to be Done by Licensed Ma intenance Electric ians; Exceptions. It shall be unlawful for any person to do any electrical maintenance work, within the City, unless such person is a maintenance electrician licensed under the provisions of this code; provided, however that this section shall not prohibit a journeyman electrician employed not on a permanent basis, but temporarily, from doing electrical maintenance work under the supervision, direction and control of a maintenance electrician licensed under the provision of this Code without said journeyman electrician having to obtain a license as a maintenance electrician. Should a journeyman electrician perform work as described in Section 2.22, such journeyman electrician shall be required to obtain a Maintenance Electrician License, in addition to his Journeyman Electrician License. Nothing in this section shall be construed to limit the right of a master electrician to perform such electrical maintenance work, or to limit such work being performed by a journeyman electrician under the supervision, direction or control of a master electrician. . e ELECTRIC CODE PAGE 11 2.24 Application for License as Maintenance Electrician. Each application for a Maintenance Electrician License shall be made in writing to the Electrical Board, and shall contain the following: (a) Name and address of applicant; (b) Statement as to the active and practical experience of the applicant; (c) Picture identification will be required at the time of the examination. All applications shall be sworn to before an officer of the state authorized to administer oaths, and officially certified to by such officer under his seal of office. 2.2~ Examination. (a) Each applicant for a Maintenance Electrician License shall be subject to the same license and testing requirements as a Journeyman Electrician. (b) The Board shall issue certificates to each applicant who shall make a grade of seventy percent (70~), or better, on the examination given him. (c) A complete record of the examination given, the applicant's answers, the grade and the result thereof, shall be kept by the Electrical Board in its permanent record book for a period of not less than one (1) year, and such record shall be open for inspection by the applicant at any meeting of the Board. 2.26 License Contents. The Maintenance Electrician License shall contain the name, address, and picture of the maintenance electrician, the location of the premises in or on which the maintenance work is to be done, and the date of the issuance thereof. 2.27 Display of License. Each maintenance electrician shall wear his license upon or about his person while performing the acts which such license entitles him to perform. 2.28 Change of Employment. Each maintenance electrician shall notify the Inspector immediately, but in no case longer then ten (10) days, when he makes any change in h is employment; giving in such notice the name of his new employer and the location of the premises in or on which he is to be employed to perform maintenance electrical work. . e ELECTRIC CODE PAGE 12 2.2Q Permit of Emplover of Maintenance Electrician. (a) An annual permit shall, upon application therefor, be issued to any person employing a maintenance electrician, for the keeping in safe repair of any and all electrical installation, apparatus and equipment within the confines of the building or in or on the premises where he is employed. (b) The application for this annual permit shall be made in writing to the Inspector and shall contain a description of the premises on which work is to be done under the permit and information concerning the type of work to be done on such premises under such permit. (c) The fee for said annual permit shall be $40.00 and shall expire on December 31 of the year in which said permit is issued, and all renewals of such shall expire annually on December 31. All permits shall be renewed within six (6) months of their expiration. E. APPRENTICE ELECTRICIAN 2. ~o Apprentice Defined. "Apprentice electrician" shall mean the holder of an Apprentice Electrician Certificate. 2.~1 Registration Required. No person shall perform electrical work under the direct, constant, personal supervision and control of either a master electrician or a journeyman electrician unless such person shall have first registered with the Electrical Board and received from said Board his Apprentice Electrician Certificate. The term apprentice electrician shall not include a journeyman electrician, and nothing herein shall be construed as requiring a journeyman electrician to be the holder of an Apprentice Electrician Certificate in addition to his Journeyman Electrician Certificate. 2.~2 Application for Certificate. Each application for an Apprentice Electrician Certificate shall be made in writing to the Electrical Board, stating the following: (a) Name and address of applicant; (b) Statement as to the active and practical experience of the applicant; (c) Picture identification will be required at the time of issuance. All applications shall be sworn to before an officer of the state authorized to administer oaths, and officially certified to by such officer under his seal of office. . e ELECTRIC CODE PAGE 13 2. '.n Certificate. Each certificate shall conta in the name, address and picture of the apprentice electrician and the date of issuance thereof. 2.i4 Display of Certificate. Every apprentice electrician shall wear his certificate upon or about his person while perform~ng the act which such certificate entitles him to perform. III. INSPECTION i. 0 1 Issuance of Permits; Inspections. The Inspector shall, upon application, cause to be issued permits for the installation and alteration of electrical wlrlng, devices, appliances, fixtures, apparatus and equipment, and certificates of final approval therefor, and shall be responsible for inspection of all new electrical installat ions and re inspect ions of all electrical installat ions, all as prov ided in this Code. He shall keep complete records of all permits issued, inspections and reinspections made, and other official work performed in accordance with the provision of this Code. i.02 Entry upon Private Property. The Inspector shall have the right from 8:00 A.M. to 5:00 P.M. to enter any building in the discharge of his official duties or for the purpose of making any inspection, reinspect ion or test of the installation of electrical wiring, apparatus, devices, appliances, fixtures, and electrical equipment contained therein, and shall have the authority to cause the turning off of all electrical currents and to cut or disconnect in cases of emergency any wire where such electrical currents are dangerous to life and property or where such wires may interfere with the work of the fire department. The Inspector is hereby empowered in emergencies to disconnect and to order the discontinuance of electrical serv ice to any electric wiring, apparatus, dev ice, appliance, fixture or equipment found to be dangerous to life or property because of its being defective or defectively installed or otherwise not in conformity with the provisions of this Code until such wiring, apparatus, device, appliance, fixture and equipment and their installation have been made safe as directed by him in conformity with this Code. 3.0~ Inspection of Installations to be Hidden from View. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of a building, the master electrician to whom the permit has been issued shall notify the Inspector, providing that on such installation as the concealment of parts of the wiring . . ELECTRIC CODE PAGE 14 must, in the discretion of the" Inspector, necessarily proceed continuously, the master electrician to whom the permit has been issued shall give the Inspector due notice and inspection shall be made periodically during the progress of the work, and where, in the discretion of the Inspector, it is necessary, he shall post notice upon the premises stating that work is approved and may be covered or is not approved and may not be covered, until such further inspection as is necessary has been made. Any person destroying, altering or defacing said notice without the consent of the Inspector, shall be deemed guilty of an offense under this section, and any work described in said notice shall be stayed pending the further necessary inspection. Upon the completion of the work which has been authorized by the issuance of a permit, it shall be the duty of the master electrician to whom the permit has been issued to immediately notify the Inspector, who shall inspect such installations within three (3) days, exclusive of Sundays and Holidays, of the time such notice is given. ~. 04 Certificate of Approval. If the work is found to be in compliance with the provisions of this Code, the Inspector, subject to the other applicable provisions of this Code, shall issue final certificate of approval to the public utility corporation furnishing the electrical serv ice or the person supplying the energy, which certification shall authorize connection of such approved work to the source of energy of the electrical service, the turning on of current and the use of the installation. No connection shall be made until such authorization and final certificate is issued. ~.O~ Re-Inspectionj Correction of Unsafe Conditions. The Inspector shall make, upon information or belief that faulty conditions exist, a thorough re-inspection of any electrical wiring, apparatus, devices, appliances, fixtures and equipment now installed or that may hereafter be installed and within the scope of this Code, and when the installation of such wiring, apparatus, devices, appliances, fixtures and equipment is found to be at variance with the original permit issued, or to be in a dangerous or unsafe condition, or if it is found that the electr ical measur ing dev ice has been tampered with so as to create a condition dangerous to the continuity of the electrical service or to property, the person owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, apparatus, devices and equipment in safe condition so as to relieve the hazards created by such unauthorized conditions, and shall have such work completed within fifteen (15) days or any reasonably longer period specified by the electrical inspection in said notice. ~. 06 Schedule of Fees for Inspection. The master electrician making or supervising installation or alteration of electric wiring, apparatus, devices, appliances, fixtures or equipment, shall pay to the City a fee in such amount as specified on the following page: . e ELECTRIC CODE (a) Outlets (1st 4) (Including Fixtures, Lights, and Switches) (b) Outlets (all other) (c) Dryer (d) Range (e) Cook Top (f) Oven (residential) (g) Oven (commercial) (h) Garbage Disposal (i) Dishwasher (j) Water Heater (k) AIC, Plug-In Units (1) Ceiling Fans (m) Washing Machine (n) All Services (0) All Meter Units (p) Attic Fans (q) T-Pole (Saw Pole) (r) Temporary Cut-In (s) Issue Fee (Permit) (t) Re-inspection Fee (u) Min. Charge on Permits (v) Re-connection Fee (w) X-Ray Machines (x) Gas or Vacuum Tube Signs (per transformer) (y) Incandescent Signs, per circuit (z) Motion Picture Machine (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (jj) (kk) (11) (mm) Motors: Up to but not including 1/2 HP 1/2 HP and less than 2 HP 2 HP and less than 10 HP 10 HP and less than 25 HP 25 HP and less than 100 Hp 100 HP and less than 150 HP 150 HP and over, per HP Electric Welder Permanently connected electric appliances and equipment of any nature not otherwise specified shall be charged as follows: Up to KW, inclusive Allover 1 KW to 10 KW Allover 10 KW to 50 KW Allover 50 KW to 100 KW Allover 100 KW ($10.00 PLUS $0.04 per KW) PAGE 15 $ 2.00 $ 0.40 each $ 2.00 $ 2.00 $ 1.00 $ 1.00 $ 5.00 $ 1.00 $ 1.00 $ 2.50 $ 2.00 $ 1.00 $ 1.00 $10.00 $ 5.00 $ 1.00 $10.00 $10.00 $ 5.00 $10.00 $10.00 $ 5.00 $10.00 $ 4.00 $ 4.00 $ 3.00 $ 1.00 $ 3.00 $ 4.00 $ 5.00 $10.00 $12.00 $ 0.10 $ 2.00 $ 0.50 Ea. $ 0.40/KW $ 0.30/KW $ 0.20/KW $ 0.04/KW . e ELECTRIC CODE PAGE 16 ~.07 Failure to Pav Inspection Fees. Upon the failure of the master electrician, within ten (10) days after the final certificate of approval is granted on the installation or alteration of electric wiring, apparatus, devices, appliances, fixtures or equipment, to pay the City in full, the fees provided for herein, the license of such master electrician so failing shall be automatically suspended without action on the part of the Electrical Board, and shall be of no force and effect, and said license shall remain suspended and nullified until such time as such fees are paid in full; provided, that no license which shall have been suspended under the terms and provisions of this section for as much as six (6) months time shall be renewed, except upon the same terms and conditions as provided for in the case of original examination. IV. PERMITS 4.01 Permit Required. No wiring, poles, duct line, guy anchors, apparatus, devices, appliances, fixtures or equipment for the transmission, distribution or utilization of electrical energy for any purpose shall be installed within the city limits of the City, nor shall any alteration or addition be made in any such existing wiring, poles, duct lines, guy anchors, apparatus, devices, appliances, fixtures or equipment without first securing a permit therefor from the Inspector, except that no permit shall be required for the following: (a) Replacing fuses or lamps or the connection of portable devices to suitable receptacles which have been permanently installed or for repairs to portable appliances. (b) Minor repair work, such as repairing or replacing flush and snap switches, receptacles and lamp sockets, or minor repairs on permanently connected electric apparatus, appliances, fixtures or equipment, or the installation of light globes. (c) The installation, maintenance or alteration of wiring, apparatus, devices, appliances or equipment for telegraph, telephone, signal service or central station protective service used in conveying signals or intelligence, except where electrical work is done on the primary side of the source of power from the power company at a voltage over 50 volts and which generates more than 500 watts of energy. (d) Poles and guy anchors, for the installation, maintenance or alteration of electric wiring, apparatus, devices, appliances or equipment to be installed by an electric public service corporation for the use of such corporation in the generation, transmission, distribution, sale or utilization of electrical energy. However, an . e ELECTRIC CODE PAGE 17 electric public service corporation shall not do any wlrlng on a customer's premises other than wiring which is part of the company's distribution system, nor shall any of its employees do any work other than that done for the said company as hereinbefore provided for, by virtue of this exemption. (e) The installation of temporary wir ing, apparatus, appliances or equipment used by a recognized school in electricity. devices, teaching Where no permit is required for the installation or repair of wir ing, apparatus, dev ices or equ ipment for the transmiss ion, distribution or utilization of electrical energy for any purpose, the wiring, apparatus, devices or equipment shall be installed or repaired in conformity with the provisions of this Code. ij.02 Permit Aoplication and Issuance. (a) The application for a permit shall describe the work to be done and shall be made in writing by a master electrician. The permit when issued shall be issued to such applicant to cover such work as described and detailed. Any changes or additions must be covered by additional permits at the time changes are made. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the installations as described will be in conformity with the requirements of this Code. (b) The application shall contain the license number of the master electrician by whom it was submitted. (c) Application shall contain service outlet location as issued by the Electric Public Utility. (d) If it is found that the installation as described will, in general, conform to the requirements of this Code, and if the applicant has .complied with all provisions of the ordinances of the City, a permit for such installation shall be issued. The issuance of a permit will not be taken as permission or as a license to violate any of the requirements of this Code or any other ordinance of the City. (e) The Inspector may issue and enforce any rules or regulations he may deem necessary covering the granting of emergency permits, where real emergencies exist. ij.O~ Display of Permit. (a) On all new installations, the permit for electrical work shall be displayed in a readily accessible location, as directed by the Inspector, throughout the time such installation as is covered by the permit is being installed. e e ELECTRIC CODE PAGE 18 (b) On all installations where wiring, apparatus, devices, appliances, fixtures or equipment are added to previous installations, or where changes are. made on wiring, apparatus, devices, appliances, fixtures or equipment, the permit for such installations or changes shall be delivered to the person for whom the installation is to be made or posted on the building or structure as directed by the Inspector before the installation or change is started. Part 2 EXCEPTIONS TO NATIONAL ELECTRIC CODE V. MATERIALS 5.01 Aluminum Conductors. Aluminum conductors may not be used in any wiring within buildings, nor in any underground service conductors. Aluminum conductors may only be used as outside aerial conductors from a weatherhead to a pole; from a pole to a pole; and from a weatherhead to a weatherhead. ~.02 Conduit in Commercial Buildings. Wiring in all commercial or combination commercial and residential buildings shall be enclosed in rigid conduit or metallic tubing. For the purpose of this Section 5.02, hotels and motels shall be considered to be commercial buildings. S.O~ Residential Capacity and Branch Circuits. (a) New residences of less than one thousand and fifty (1050) square feet living area (excluding attached garages), shall have service entrance capacity of not less than three (3) 1#3 copper and branch circuit facilities of not less than seven (7) overcurrent devices, one (1) of which must be left unused as a spare. (b) New residences of one thousand and fifty (1050) or more square feet of living area (excluding attached garages), shall have serv ice entrance capac i ty of not less than three (3) /12 copper and branch circuit facilities of not less than ten (10) overcurrent devices, two (2) of which must be left unused as spares. (c) All underground services shall be installed in Schedule 40 conduit. e . ELECTRIC CODE PAGE 19 ~.04 Window Air Conditioners and Space Heaters. Branch circuit wiring for window air conditioning units or resistance type space heaters shall not be smaller than #12 AWG. copper wire or its equivalent and not more than one (1) air conditioning unit or air conditioning receptacle shall be installed on anyone (1) single or multi-wire branch circuit. ~.O~ Wiring within Buildings. Non-metallic sheathed cable shall be used only for residential work, and apartment houses. Conductors in or on all tile and masonry walls of such buildings shall be encased in rigid conduit or electrical metallic tubing. Minimum size non-metallic sheathed cable shall be limited to #12 AWG except #14 AWG may be used for switch legs when the load is less than five hundred (500) watts. Flexible metallic cable shall not be used underground or embedded in concrete. ~.06 Ground Contact. Electrical Metallic Tubing, Intermediate Metallic Tubing, and Sheet Metal Boxes shall not be used in contact with earth. VI. INSTALLATION 6.01 Meter Cabinets. (a) The meter cabinets and electrical metering equipment through which service is rendered by the electric public service company to domestic establishments and buildings combining domestic establishments with commercial or industrial usage, shall be installed where readily accessible on the exterior of the building. Meter cabinets or meter sockets shall be supplied by the electric public service company and installed by the master electrician performing the work, and meter cabinets to be located so the center of the opening for the meter dial shall be not less than five feet (5') nor more than six feet (6') above mean ground level, and to be readily accessible to the electric public service company to service. On apartment buildings, where space limitations will not permit placing all meters at the same height, they may be arranged in two (2) tiers, with the openings for the meter dials in lower tier as near as practicable to five feet (5') above mean ground level and second tier placed as near as practicable above the first. Where space limitations will not permit placing of meter cabinets as outlined above, the electric public service company, subject to the approval of the Inspector, e . ELECTRIC CODE PAGE 20 may determine the arrangement to be used. All service outlets shall be located so as to permit placing the electric public service company's service wires on the wall of the building next to the supply. (b) The electric public service company shall not require the placing of meters on the front of the building or street side of the building without the written consent of the owners, and where not practical to place metering devices on the exterior of the building, said location shall be at a point, or points, convenient to the electric public service company's service as determined by the company's engineer. 6.02 Feeders. All serv ices, except resident ial and inter ior feeders shall be installed in rigid metal conduit, electric metallic tubing, or approved busways, except that underground serv ices and feeders may be installed in approved ducts or plastic conduit. Overhead services or feeders between two (2) buildings less than six feet (6') apart shall be installed in rigid metal conduit, electric metallic tubing, approved busways or duct. Where wiring is installed in approved non-metallic duct or conduit, a continuous ground wire as sized per Table 250-95 of the National Electric Code shall be installed within the duct to insure continuity of ground, and the entire wiring system must be installed in a manner approved by the Electrical Board. Where approved underground duct is used, it shall in no case be smaller than two inches (2") inside diameter, buried at least eighteen inches (18") below the ground surface, and it shall be encased in at least two inches (2") of red concrete. The portion of the service ahead of the meter cabinet shall not be run through attic spaces. Where conduit fittings are used ahead of meter cabinets, same shall be of sealable type and shall be plainly visible. Sub-feeders in residential (single and multiple) buildings may be non-metallic sheath cable "grounded type". 6.0~ Flexible Conduit. Flexible metallic conduit may be used, provided that said flexible metal conduit meets all specifications of the National Electric Code. Provided, however, that the wiring method of BX/Armour Clad is specifically prohibited. 6.04 Specific Regulations for Dwellings. General lighting load in single family residences shall be divided into not less than three (3) circuits and shall be balanced as nearly as possible. Circuits may be of either 15 or 20 ampere capacity or may be mixed. Not more than eight (8) outlets may be connected to any 15 ampere circuit, nor more than ten (10) outlets to any 20 ampere circuit. For purposes of this paragraph an "outlet" is considered to be a receptacle or fixture outlet. (Receptacles required in 6.13(c) are not to be considered a part of the general lighting load). . . ELECTRIC CODE PAGE 21 6.0~ Franchise to Install Equipment of or in Streets, etc. No person or public service company that does not operate under "a franchise granted by the City shall have the right to install any electrical conduit, wires, ducts, poles or equipment of any character for the transmissions, distribution or utilization of electrical energy, or for the operation of signals or the transmission of intelligence on, over or under the streets in the City, without first obtaining from the City Council a franchise right or grant for the particular installation so desired to be made, and any such installation so made under such franchise or grant shall be in strict conformity with all rules and regulations and ordinances of the City. VII. GENERAL PROVISIONS 7.01 Susoension of Approval of Materials. The Electrical Board may, for good and justifiable reasons, suspend or revoke the approval of certain materials or wiring. Said suspension or revocation of approval shall not become effective until thirty (30) days after the date of said notice. 7.02. Prohibition of Installation of Non-conforming Goods. No electrical materials, apparatus, devices, appliances, fixtures or equipment shall be installed in the City unless they are in conformity with the provisions of this Code, the Statutes of the State of Texas, and the rules and requlations issued by the Industrial Commission of the State of Texas under authority of the State Statutes. The maker's name, trademark, or other identification symbol shall be placed on all electrical materials, apparatus, devices, appliances, fixtures and equipment used or installed under the provisions of this Code. . . ORDINANCE NO. 1637 AN ORDINANCE ADOPTING A NEW ELECTRICAL CODE FOR THE CITY OF LA PORTE; REPEALING ORDINANCE NO. 1254, TOGETHER WITH AMENDMENTS TO ORDINANCE NO. 1254-A THROUGH 1254-B INCLUSIVE; AND PROVIDING FOR THE ADOPTION OF THE 1987 VERSION OF THE NATIONAL ELECTRIC CODE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION THEREOF SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) PER OCCURRENCE; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Electric Code of the City of La Porte, attached to this Ordinance as Exhibit "A", which is fully incorporated by reference herein, is hereby adopted. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Specifically, Ordinance No. 1254, together with amendments to Ordinance No. 1254-A through 1254-B, inclusive, are expressly re?e~led. Section i. The regulations and rules of the National Board of Fire Underwriters embodied in the National Electric Code, 1987 Version or approved successive versions, are hereby adopted as the rules and regulations to govern and to be observed and followed in all electric wiring and in all electrical construction, installation, repair, alteration, operation and maintenance of electric wiring, apparatus, and fixtures, except insofar as they may conflict with the provisions of The City of La Porte Electric Code. In a case of conflict between the provisions of the National Electric Code and the provisions of The City of La Porte Electric Code, the provisions of The City of La Porte Electric Code shall prevail. Section 4. The City Council officially finds, determines, reci tes and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public of the City Hall of The City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. , . Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance,shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of the City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or any part thereof may be declared invalid. Section 6. Any person, as defined in Section 1.07 (27) Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) per occurrence. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of The City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the /-3~ day of 1989. Ylzud.J , By ATTEST: ~~ Cherie Black, City Secretary