HomeMy WebLinkAboutO-1989-1637
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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conflict herewith are hereby repealed.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, inclusive, are expressly repealed.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
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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
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ELECTRIC CODE
CITY OF LA PORTE, TEXAS
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ORDINANCE NUMBER:
DATE OF ADOPTION:
1t,37
3-/3-39
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CITY OF LA PORTE
ELECTRIC CODE
PAGE
Table of Contents
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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
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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
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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
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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,
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ELECTRIC CODE
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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.
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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
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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.
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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.
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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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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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
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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:
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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
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~.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
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ELECTRIC CODE
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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.
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(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.
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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,
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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).
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ELECTRIC CODE
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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