HomeMy WebLinkAbout1978-1123 - Ordinance - 08/24/1978ORDINANCE NO. 1123
AN ORDINANCE AMENDING THE ELECTRICAL CODE OF THE CITY OF COLLEGE STATION: ADOPTING
THE NATIONAL ELECTRICAL CODE 1978 EDITION; STATING RULES, REGULATIONS AND PROCEDURES
GOVERNING ELECTRICAL WORK WITHIN THE CITY; AND PRESCRIBING PENALTIES FOR THE VIOLATION
OF ITS PROVISIONS AND REPEALING ORDINANCE NO. 629.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
Section 1. It shall be unlawful for any person to do electrical work within
the City of College Station unless such person is licensed under the provisions
of this ordinance by the City of College Station as a master electrician, or unless
such electrical work is performed under the personal control, supervision, direction
and responsibility of such a licensed master electrician. The term "electrical
work" as used in this ordinance shall mean the installing, maintaining, altering,
repairing or erecting of any electrical wiring, apparatus, devices, appliances,
fixtures or equipment for which a permit is required under the terms and provisions
of this ordinance, except poles and guy anchors installed by an electric telephone,
telegraph, signal or public service company as a part of its distribution system.
Section 2. There is hereby created an Electrical Board consisting of five (5)
members. The five members of the Board shall be appointed by the City Council.
One shall be a representative of the City, selected from among the City employees
of the Electrical Department. The other four shall not be full-time employees of
the City, and one shall be licensed as a master electrician by the City. The Board
shall select its own chairman. The members of the Board shall serve at the pleasure
of the City Council except any Board member shall be replaced any time he fails to
meet the criteria for appointment or if his attendance at called meetings falls
below seventy percent (70%) for any twelve month period or he fails to attend three
consecutive meetings. The Board shall review applicants for license, determine if
their experience is such that they are qualified to take the examination, grade
said examinations, and determine by majority vote of the Board that a license shall
or shall not be issued. Said Board shall determine, by majority vote of the Board,
as hereafter provided, when licenses shall be revoked for cause. If said Board
revokes a license for cause, the individual whose license is revoked shall cease
all electrical work within the City unless or until said action of the Board is
altered by action of the City Council or a court of law.
Section 3. Anyone desiring to qualify for a "Master Electricians License"
shall proceed in the following manner:
A. Apply in writing to the Secretary of the Electrical Board to take
the qualifying examination. The application shall state the qualifi-
cations and experience of the applicant and shall be accompanied by
an examination fee of $50.00, which fee shall be refundable if the
Electrical Board denies the applicant the opportunity to take the
examination because his qualifications or experiences are unacceptable.
(The minimum required experience shall be four (4) years full time
employment in electrical work under direct supervision of a licensed
master electrician.)
B. Take the examination prescribed by the Electrical Board, which
examination may be written, oral, or both, and shall relate to their
qualification to install, repair, alter, and maintain electrical
appliances, wiring, apparatus, devices, fixtures or equipment, for
which a permit is required under the terms and conditions of this
ordinance and as to their qualifications to plan installations of
electrical wiring and equipment, to plan changes, to interpret plans
and specifications, and to supervise various types of electrical
installations for which a permit is required. Examinations will be
scheduled during the first week of each month and an applicant`471
ORDINANCE NO. 1123 Page 2
take the examination not earlier than two weeks or later than eight
weeks after he is certified eligible to do so by the Board. Failure
of the applicant to appear for the examination after written notice
he is eligible to do so or failure to satisfactorily pass the examina-
tion shall result in forfeiture of his $50.00 fee.
C. A complete record of the examination given, consisting of the questions,
answers, grades and final results shall be kept in the records of the
Electrical Board for a period of not less than one year.
D. Upon certification by majority of members of the Board present, that he
has passed the examination, and is eligible for the license as a "Master
Electrician", he shall be issued said license by the Secretary of the
Electrical Board upon payment of a $25.00 fee and filing a bond, in a
form as issued by a company satisfactory to the City, in the amount of
One Thousand Dollars ($1,000.00), conditioned upon compliance with the
ordinances of the City regulating electrical work and faithful performance
of all contracts. Said license shall be good for a period of one year
from date of issue unless revoked by the Electrical Board for due cause.
E. At least one month prior to the expiration date of the license, licensee
shall apply for renewal for the subsequent year. Unless said license
is denied by the Electrical Board for due cause, the Secretary of the
Electrical Board is authorized to issue a renewal of the license upon
payment of a renewal fee of $25.00.
F. Anyone licensed under the provisions of this or previous ordinances
pertaining thereto who does not practice his profession within the
City of College Station for two consecutive years after the date he
received his license or any subsequent renewal thereof, shall not be
eligible for renewal of his license. He may, at any later date,
requalify accoridng to the provisions of this ordinance.
Section 4. The City of College Station may negotiate reciprocal agreements
with other municipalities wherein the license requirements are deemed to be equal
to those of this ordinance. Under said reciprocal agreements, a license may be
issued to anyone possession a valid license in the municipality with which the
reciprocal agreement exists without the applicant being required to take the
written and oral examinations provided for in Section 3(b) of this ordinance.
Said applicant shall be required to fulfill all other requirements and pay all
fees provided herein.
Section 5. The amount realized upon the forfeiture of any bond over and
above the expense involved in its forfeiture, shall be expended in making the
necessary changes in the electric work found to be contrary to the provisions of
this ordinance or deficient in quality or other particulars as specified in the
contract or contracts entered into and covered by the bond, and the unused
balance, if any, shall be paid into the City Treasury.
Section 6. The Office of Electrical Inspector in and for the City of College
Station, is hereby created and said office shall be filled by appointment by the
City Manager and said Electrical Inspector shall hold office during good behavior
and shall not be removed except for failure to properly perform his duties as
prescribed in this ordinance in accordance with the personnel regulations of the
City of College Station. Said Electrical Inspector shall be a person well versed
in the rules and requirements of the National Electrical Code. Before assuming
authority conferred by this ordinance, the Electrical Inspector shall take the
oath usually administered to other City officials, and shall give bond to the City
of College Station in the penal sum of One Thousand Dollars ($1,000.000�492tioned
ORDINANCE NO. 1123
upon the faithful performance of his duties.
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Section 7. The Electrical Inspector shall have the power to deputize one or
more assistants, and each one of said assistants shall in every case be known
to be competent to discharge the duties of Electrical Inspector. The rights and
privileges conferred upon the Electrical Inspector are hereby conferred upon each
Assistant to the Electrical Inspector when properly appointed. Unless specifically
stated otherwise, all references in this ordinance to the Electrical Inspector
shall include the Electrical Inspector or any of his assistants.
Section 8. It shall be the duty of the Electrical Inspector to enforce the
provisions of this ordinance or any ordinance now in force which may hereafter
be adopted concerning electrical work in the City of College Station. The
Electrical Inspector shall have the right to make routine inspections of any
electrical installations from 8:00 a.m. to 5:00 p.m., Saturdays, Sundays and holidays
excepted, or at such other times as he shall have cause to believe that an imminent
hazard to life or property exists to enter any premises in the discharge of his
official duties or for the purpose of making any inspection, re —inspection or test
of the installation of electric wiring, apparatus, devices, appliances, fixtures
and electrical equipment contained therein. The Electrical Inspector shall have
the authority to disconnect and to order the discontinuance of electrical service
to any electric wiring, apparatus, device, appliance, fixture or equipment found
to be installed, repaired, altered, operated or maintained in violation of the
provisions of this or any other City of College Station Ordinance regulating
electrical work as defined herein, until such wiring, apparatus, device, appliance,
fixture or equipment and its installation has been made to comply with all such
ordinance requirements. The Electrical Inspector shall have the power to file
complaints on behalf of the City with the appropriate law enforcement agency for
violations of any of the provisions of this ordinance and to compel the suspension
of any electrical work being done that is in conflict with.the provisions of
this ordinance.
Section 9. The Electrical Inspector may, as he deems necessary, make an
inspection of all electrical wiring, apparatus, devices, appliances, fixtures
and equipment now installed or that may hereafter be installed with the City and
within the scope of this ordinance. 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 violation of the requirements of this
ordinance; or to be in a dangerous or unsafe condition; or it is found that the
electrical measuring device has been tampered with so as to create a condition
dangerous to the continuity of the electrical service, or to life or property;
the person owning, using or operating the same shall be notified in writing; shall
make the necessary repairs or changes required to place such wiring, apparatus, devices,
fixtures and equipment in full compliance with ordinance requirements and in safe
condition so as to entirely relieve the hazards created by such unauthorized
conditions, and shall have such work completed within a reasonable time to be
specified by the Electrical Inspector in said notice. The amount of time allowed
shall be based upon the time necessary to relieve the unauthorized conditions.
Section 10. No corporation, partnership, association, or individual or
agent thereof shall interfere with the Electrical Inspector while in the performance
of his duty and each such interference shall be deemed to constitute a separate
offense within the intent and meaning of this ordinance.
Section 11. The Electrical Inspector shall cause to be kept a full and
complete record of all work done, permits issued, examinations made or other official
work performed as required by this ordinance.
Section 12. No wiring, poles, duct line, guy anchors, apparatus,4fdevices,
ORDINANCE NO. 1123 Page 4
appliances, fixtures or equipment for the transmission, distribution or utiliza-
tion of electrical energy for any purpose shall be installed within the City
Limits, nor shall any alteration or addition be made to any such existing wiring,
poles, duct lines, guy anchors, apparatus, devices, fixtures or equipment without
first securing a permit therefor from the Electrical Inspector, except as stated
in the following paragraphs numbered 12.1 to 13.6 inclusive:
12.1 No permit shall be required for replacing fuses of like rating
or lamps or the connection of portable appliances to suitable receptacles
which have been permanently installed or for repairs to portable appliances.
12.2 No permit shall be required for replacing flush or snap switches,
receptacles, lamp sockets, the installation of lamps, or minor repairs
on permanently connected electrical appliances.
12.3 No permit shall be required for the installation, maintenance or
alteration of wiring, poles and down guys, 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 at a
voltage over 50 volts and of more than 500 watts.
12.4 No permit shall be required for the installation, maintenance or
alteration of electric wiring, apparatus, devices, appliances or equipment
to be installed by an electric public service company for the use of such
company in the generation, transmission, distribution, sale or utilization
of electrical energy. However, an electric public service company shall
not do any wiring on a customer's premises other than wiring which is a
part of the company's distribution system, including metering equipment
wherever located and transformer vaults in which company's transformers
are located, nor shall any of its employees do any work other than done
for said company as hereinbefore provided for by virtue of this exception.
12.5 No permit shall be required for the installation of temporary wiring,
apparatus, devices, appliances or equipment used by a recognized electrical
training school or college.
12.6 No permit shall be required for the installation and maintenance of
railway crossing signal devices, when such is performed by due authority
of the railroad and in accordance with the standards of the American Railroad
Association, and in collaboration with and approval of the Department of
Public Works of the City of College Station.
12.7 It shall be unlawful for any person to bridge, tamper with or change
from its original installation (except upon the approval of the Electrical
Inspector, and then only after a proper permit for alteration has been
issued), any fuse of the plug, cartridge type or link type, or a circuit
breaker installed in panel boards, main switches or switchboards, so that
it will not function property.
12.8 No permit, other than a Homeowner's permit shall be issued to any
person who is not the holder of the proper Electrician's license. The
Electrical Inspector may issue a Homeowner's permit to a person who is
both the owner and occupant of the single family dwelling in which the work
is to be done when the applicant agrees to do all of the permitted work
personally, and when the applicant shows, to the satisfaction of the
Electrical Inspector, that he is qualified to execute the proposed work.
12.9 Where no permit is required for the installation or repair of wiring,
apparatus, devices, or equipment for the transmission, distribution, or
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ORDINANCE NO. 1123 Page 5
utilization of electric energy for any purpose, the wiring, apparatus, devices
or equipment shall be installed or repaired in conformity with the provisions
of this ordinance.
12.10 The application for a permit shall describe the work to be done and
shall be made in writing by a person holding the proper Electricians license
or his authorized agent. 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 or not the installa-
tion as described will be in conformity with the requirements of this
ordinance.
12.11 No plans, specifications and schedule shall be submitted and no plans,
specifications and schedule will be examined under the provisions of this
ordinance, unless the same are submitted by the holder of the proper Elec-
trician's license or his authorized agent. If it is found that the installa-
tion as described will in general conform to the requitements of this Section,
and if the applicant has complied with all provisions of this ordinance,
and all applicable ordinances of the City, a permit for such installation
shall be issued; provided, however, that the issuance of a permit will not
be taken as permission or as a license to violate any of the requirments
of this ordinance or any other ordinance of the City pertaining thereto.
12.12 On all new construction, the permit for electrical work shall be
displayed in a readily accessible location, as directed by the Electrical
Inspector, throughout the time such installation, as is covered by the
permit, is being installed.
12.13 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
on previously completed and acceted installations, the permit for such
installations or changes shall be delivered to the one person for whom the
installation is to be made or posted on the building or structure as
directed by the Electrical Inspector before the installation or change is
started. On small installations, a notice of a job may be telephoned to
the Inspection Department in lieu of the above requirement, prior to the
start, and the permit may be secured within 24 hours without penalty. The
Electrical Inspector may issue and enforce any rules or regulations he may
deem necessary covering the granting of emergency permits, where real
emergencies exist.
Section 13. To obtain an Electrical Permit the applicant shall.first file
an application therefor in writing on a form furnished for that purpose. Every
such application shall:
1. Identify and describe the work to be covered by the permit for
which application is made;
2. Describe the land on which the proposed work is to be done by street
address, or similar description that will readily identify and
difinitely locate that proposed building or work;
3. Show the use or occupancy of the building;
4. Be accompanied by Plans and Specifications as required below;
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ORDINANCE NO. 1123 Page 6
5. Be signed by the permittee, or his authorized agent, who may be
required to submit evidence to indicate such authority.
13.2 With each application for an electrical permit, two sets of plans and
specificationsshall be submitted, unless waived by the Director of Public
Works of his representative. Where the nature and scope of the work requires,
in the judgment of the Electrical Inspector, such plans and specifications
shall be prepared and designed by and bear the seal of a Registered Pro-
ressional Electrical Engineer licensed by the State of Texas to practice
as such.
13.3 The application, plans and specifications filed by an applicant
for an electrical permit shall be checked by the Chief Electrical Inspector.
Such plans may be reviewed by other Departmnets of the City to check
compliance with laws and ordinances under their jurisdiction. If the
Electrical Inspector is satisfied that the work described in an application
for permit and the plans filed therewith conform to the requirements of
this ordinance and other pertinent laws and ordinances, and that the fees
as specified in Section 14 have been paid, he shall issue a permit therefor
to the applicant. When the Electrical Inspector issues the permit, he
shall endorse in writing or stamp on both sets of plans and specifications,
"APPROVED".
The Electrical Inspector may issue an electrical permit covering part
of a building or structure before the entire plans and specifications for
the whole building or structure have been submitted or approved, provided
adequate information and detailed statements have been made complying with
all pertinent requirements of this ordinance. The holder of such permit
may proceed without assurance that the permit covering the work in the entire
building or structure will be granted.
13.4 The issuing or granting of a permit or approval of plans and specifica-
tions shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this ordinance. No permit presuming
to give authority to violate or cancel the provisions of this ordinance
shall be valid, except insofar as the work or use which it authorizes is
lawful. The issuance of a permit based upon plans and specifications shall
not prevent the Electrical Inspector from thereafter requiring the correction
of errors in said plans and specifications or from preventing building
operations from being carried on thereunder when in violation of any
provision of this ordinance or any other ordinance of the City pertaining
thereto.
13.5 Every permit issued by the Electrical Inspector under the provisions
of this ordinance shall expire by limitations and become null and void, if
the building or work authorized by such permit is not commenced within sixty
(60) days from the date of such permit, or if the building or work authorized
by such permit is suspended or abandoned at any time after the work is
commenced for a period of one hundred and twenty (120) days. Before such work
can be recommenced a new permit shall be first obtained to do so, and the fee
shall be one-half (1/2) the amount required for a new permit for such work;
and provided, further, that such suspension or abandonment has not exceeded
one year.
13.6 The Electrical Inspector may, in writing, suspend or revoke a permit
issued under the provisions of this ordinance whenever the permit is
issued in error or on the basis of incorrect information supplied or when
in violation of any ordinance, regulation or any of the provisions of this
ordinance. �37
ORDINANCE NO. 1123 Page 7
A permit may be cancelled upon notification by the owner of the
property that the contractor is no longer employed to do work on said
property after written notification by the Electrical Inspector and a
hearing by the Electrical Examining Board.
Any contractor who accepts payment for electrical work, then refuses
to finish the work for which a permit was taken, may after written
notification by the Electrical Inspector and hearing by the Electrical
Examining Board, have his license suspended until such work is completed
to meet the requirements of the ordinance.
Failure on the part of any licensed master electrician to correct any
defect, error, or deficiency in any work installed under the authority
of an electrical permit issued to him within ten (10) calendar days
after written notification thereof from the Electrical Inspector, the
Electrical Inspector shall, without further notice, stop the issuance of
permits to such licensed master electrician until such corrections have
been made, inspected, and approved. This provision shall be cumulative
of all other penalties provided herein.
Section 14. Before a City permit for electrical work will be issued to the
applicant, inspection fees in an amount computed in accordance with the provisions
of this section shall be paid. The fees for the services of the Electrical
Inspector in inspecting the work done by those licensed under this ordinance shall
be computed as follows:
A. For single family residential structures, one half cents per
square foot of heated area but at least $10.00,
B. For commercial structures engaged in retail trade, one cent
per square foot of heated area but at least $10.00,
C. For other electrical work, one cent per square foot of heated
area but at least $10.00 plus $1.00 per H.P. for the first 10
H.P. of motor load, plus 50 cents per H.P. for the next 25 H.P.
of motor load, plus 20 cents per H.P. for all additional H.P.
of motor load, except that all motors under 1 H.P. shall be
included in the one cent per square foot fee.
The first reinspection, if necessary, shall be made without charge. If two or
more reinspections are required because of failure of the materials or workman-
ship to comply with the provisions of this ordinance, the inspection fee for the
second reinspection and all subsequent reinspections shall be the same as the
original fee.
The inspection fee for alterations or additions to existing structures
shall be the highest of the following (a) $5.00 or (b) the fee computed according
to the schedule above for new installations considering only the additional area
and additional motors.
Section 15. When any part of a wire installation is to be hidden from view
by the permanent placement of parts of a buidling, the licensed electrician to
whom the permit has been issued, shall notify the Electrical Inspector, provided
that on such installation the concealment of parts of wiring must,.at the
discretion of the Electrical Inspector or his Assistant, necessarily.proceed
continuously. The licensed electrician to whom the permit has been issued shall
give the Electrical Inspector due notice and inspection shall be made periodically
during the progress of the work, and where at the discretion of the Electrical
Inspector or his Assistant, it is necessary, he shall post notice onthe premises
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ORDINANCE NO. 1123 Page 8
stating that work is approved and may be covered, or it is not approved and may
not be covered, until such further inspection as is necessary has been made. Any
person removing, destroying, altering, or defacing said notice without the consent
of the Electrical 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 completion of the work which has been authorized by the issuance
of a permit, it shall be the duty of the licensed electrician, to whom the permit
has been issued, to immediately notify the Electrical Inspector, who shall inspect
or cause to be inspected, such installation within thirty-six (36) hours, exclusive
of Saturdays, Sundays, and holidays, of the time such notice is given.
If the work is found to be in compliance with the provisions of this ordinance,
the Electrical Inspector, subject to the other applicable provisions of this
ordinance, shall issue a final Certificate of Approval to the public utility company
furnishing the electrical service or to 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 the current, and the use of
the installation. No connection shall be made until such authorization and final
certificate is issued.
Section 16. The National Fire Protection Association Pamphlet No. 70-1978,
entitled "National Electrical Code 1978 Edition" is hereby adopted, an authentic
copy of which is filed with the City Secretary, as part of this ordinance, and
shall govern and be observed and followed in all electrical wiring, and in the
construction, installation, repair, alteration, operation and maintenance of
electrical wiring, apparatus, or fixtures, except insofar as it may conflict with
the provisions of this ordinance or any other ordinance now existing or hereafter
adopted regulating electrical work in the City of College Station. For copies of
the said National Elecgrical Code 1978 Edition, address the National Fire Protection
Association, 470 Atlantic Avenue, Boston, Massachusetts, 02210. All installations
of electrical wiring, materials, and equipment shall be reasonably safe to persons
and property and in conformity with this City of College Station Electrical Code,
and all applicable ordinances, rules and regulations issued by the authority
thereof.
Section 17. This ordinance shall not be construed to relieve from or lessen
the responsibility of any party owning, operating, or controlling any electric
wiring, apparatus, devices, appliances, fixtures or equipment for damages to person
or property caused by any defect therein, nor shall the City be held assuming by
this ordinance any such liability of reason of the inspection authorized herein,
or the Certificates of Approval issued as herein provided.
Section 18. Any person, firm, corporation, or the agent of same, violating
any of the provisions of this ordinance shall upon conviction thereof, be fined
not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00);
and each day's failure of compliance with any such provision shall constitute a
separate violation. In case of willful and continuous violation of the provisions
of this ordinance by any such person or his agent, the City Council shall have the
power to revoke and repeal all permits, licenses, and privileges granted to said
person or agent.
Section 19. In any case where a provision of this ordinance is found to
be in conflict with a provision of any other ordinance or code of the City of
College Station existing on the effective day of this ordinance, the provision.
which establishes the higher standard for the promotion and protection of the
health and safety of the people shall prevail. This ordinance repeals Ordinance,.
No. 629.
Section 20. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance should be declared invalid for any reason what =
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ORDINANCE NO. 1123
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such decision shall not effect the remaining portions of this ordinance which
shall remain in full force and effect, and to this end, the provisions of this
ordinance are hereby declared to be severable.
Section 21. This ordinance shall be effective on and after its passage and
publication.
PASSED AND APPROVED this the 24th day of August, 1978.
,kTTEST
City Secretary
ILM
A ROVED
cA
Mayor