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1972-039 AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON, TEXAS, BY PROVIDING A NEW ELECTRICAL CODE FOR THE CITY OF DENTON, TEXAS, PROVIDING A PENALTY FOR VIOLATIONS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART ONE That Chapter Nine of the Code of Ordinances is hereby re- pealed and supplanted by adding new Chapter Nlne, Sections 9-1 through 9-52, whlch Code shall hereafter rea~ as follows CHAPTER NINE Electrical Code Article I In General Sectlon 9-1 Compliance wlth National Electrical Code, 1971 Edition, required (a) All electrical construction, alteration, replacement, re- pair and all material and apparatus used in connection with elec- trical work and the placement and operation of all electrlcal appa- ratus · n the clty shall be ~n strict compliance with the standards established by the 1971 Edition of the National Electrical Code, such code being the publication of the National Board of F~re Under- writers for Electrlc W~rlng and Apparatus as recommended by the National Fire Protection Association (b) The electrical inspector shall keep a copy of the 1971 Edition of the National Electrical Code ~n his office at all t~me for public ~nspectlon and use Section 9-2 Hazardous wiring, etc , endangering public safety In the event the electrical ~nspector d~scovers any electric apparatus, device, wire or condition which is constructed or main- taIned so as to constitute a hazard to the public safety, he shall ~m- mediately notify the d~rector of utilities who shall cause electrical service to be dlscontlnued to the affected installation, room, build- lng, premises or area until the conditIon has been corrected Sectlon 9-3 Authorlty to suspend service for noncompli- ance with chapter In the event the electrical lnspector determines that any spected w~r~ng, lnstallatlon, repair or alteration does not comply · n every respect with the provlslons of th~s chapter, or if any such work is done or supervised by a person who Ks not a holder of a current master electrlclan's llcense, at shall be the duty of the electrical lnspector to immediately notify the director of utilities of such fact in wrltlng, and upon such written notice being given shall be unlawful for any person or any employee of the c~ty to con- nect any part of such w~rlng, ~nstallatlon, repair or alteration with any electric power line operated or used by the city, and if such connectlon has been previously made, the director of utilities shall cause the same to be d~sconnected and no connection or reconnectlon shall be made until all violations have been corrected to the satis- faction of the electrlcal ~nspector Section 9-4 L~abltlty not affected by chapter provlslons No provision of th~s chapter shall be construed so as to lessen the llablllty of any person lnstalllng, changing, altering or re- pairing any electrical w~r~ng or apparatus, or causing the same to be done, for damages to anyone injured thereby, nor shall the city be held to assu~e any liability by reason of the inspections auth- orized herein, or any certificate or license issued under the pro- visions of this chapter Section 9-5 Concealed wiring Permission of electrical inspector required No person, firm or corporation shall conceal, or cause to be concealed any electric w~rlng or apparatus, except w~th the express permission of the elec- trical lnspector, and the electrical ~nspector is hereby authorized to remove, or cause to be removed any material whatsoever which may conceal any electric wlrlng or apparatus contrary to this artlcle -2- Not~ce of Inspection Upon completion of the inspection of any electric wlrlng or apparatus designed to be concealed which is found to be in full compliance wlth the provisions of this chapter the electrical inspector shall post a notice of inspec- tion at the d~strlbutlon panel and the posting of said notice shall constitute permlsslon to conceal sa~d electric wiring or apparatus Section 9-6 Mlnlmum standards of work In all new work or revisions of old work, new knob and tube wlrlng systems shall not be used for interior wiring in the city All work shall be in metal condu~t except single and multi- family residences Other specific exceptions may be permitted with a written permit from the c~ty electrical inspector authoriz- ing such specifications All wlrlng ~n s~ngle and multi-family residences may be in- stalled w~th non-metall~c sheathe cable which shall not be less than No 14 gauge as approved ~n the National Electrical Code Aluminum wlre smaller than No 6 gauge shall be prohibited Aluminum w~re No 6 and larger may be used only with approved con- nectors and termInals Section 9-7 - 9-16 Reserved Article II Electrical Inspector Section 9-17 Off~ce created, qualifications There shall be an electrical inspector for the city, who shall be appointed by the chief building official subject to the approval of the c~ty manager The electrical inspector shall be a competent electrician well versed ~n the provisions of this chapter, the National Electrical Code and general accepted trade practices Sectlon 9-18 Powers and dutles generally, interference w~th (a) It shall be the duty of the electrical inspector to en- force the provisions of th~s chapter and to keep a record of all electrical w~r~ng and apparatus Inspected by h~m -3- (b) The electrical inspector shall be given free and prompt access to any place of public accommodation for the inspection of any electrloal wlrlng or apparatus wlthln the city, and ~t shall be unlawful for any person to interfere w~th or hinder the electrical · nspector wh~le he ~s acting in the l~ne of duty (c) It shall be the duty of the electrical ~nspector to be- come a member of the International Electrical Inspectors Association and to be an active member thereof The electrical ~nspector's annual fees to the Assoclatlon shall be paid by the city Section 9-19 - 9-28 Reserved ARTICLE III Master and Journeyman Electrician Section 9-29 L~cense-Requ~red It shall be unlawful for any person to install electric wiring or apparatus or to make any repairs, alterations, additions or changes to electric w~rlng or apparatus used ~n connection with electric l~ght- lng, heating, or power, unless such person shall have previously ob- tanned a master or journeym&n electrician's license from the electri- cal · nspector of the city, or unless such person ~s a bona fide em- ployee working under the direct supervision of a l~censed electrician Sectlon 9-30 Same-Examination To obtain a master or journeyman electrician license, an appli- cation shall be made in wrltlng through the off~ce of the chief build- lng official of the City of Denton The appllcatlon shall show the applicant's name and such other ~nformatlon as hereinafter prescribed by this ordinance or by the electrical code board Appllcants for master electrician's l~cense shall show evidence of having had at least f~ve (5) years experience in the installation, alteration, repair and maintenance of electrical equipment, w~rlng and apparatus and/or experience considered equivalent thereto by the electrlcal code board Applicants shall furnlsh the name and add- ress of former employers, perlod of tlme employed and in what capacity, -4- proof of which shall be furnished in a manner satisfactory to the electrical code board Every applicant shall be required to answer a reasonable number of questions in writing to show suffi- cient knowledge and technical training to plan, perform and/or supervise the work and the installation, alteration, repair of electrical equipment, wlrlng, and apparatus authorized by permits issued by the electrical inspector's office Applicants for a journeyman electrician's license shall show evidence of having had at least three (3) years experience in the installation, alteration, a~d repair of electrical equipment, w~r- lng, and apparatus and/or equivalent experience acceptable to the electrical code board Every applicant shall be required to answer a reasonable number of questions ~n writing to show that he has sufficient knowledge and technical training to perform the work under the supervision of a master electrician After having successfully passed the required examination, a master or journeyman electrician shall be issued a certificate of l~censlng showing that he has the necessary qualifications to perform the work so llcensed by the requirements of this code Every holder of a certificate of master or journeyman elec- trician's license shall carry his registration card or certificate on his person at all times while doing electrical work in the City of Denton and shall produce and exhibit it when requested by any · nspector or officer of the city Whenever any person makes application for a master or journey- man electrician's license, the chief building offlclal shall so in- form the electrical code board in sufficient t~me to permit the board to review the pending application and ~f time Derm~ts, examine the applicant at the next regularly scheduled meeting of the board When considered necessary the chairman of the electrical code board can set a speclal time and date for examining the applicant -5- The electrical code board shall prescribe a reasonable exami- nation of a un~form, fair and impartial nature to determine the applicant's fam~llarlty wlth the provisions of this code and the National Electrical Code and generally accepted trade practices and that the appllcant ~s capable of making and supervising stallations ~n accordance therewith Examinations shall be in writing, provided, (1) that under certaln condlt~ons when considered necessary by the Electrical Code Board the examination may be given orally, provided that oral examinations shall be w~tnessed by a majority of the board and attested to the secretary ~n the form of a written report which shall be flled for record (2) that the board shall conduct examl~ nations wlth utmost fairness and patience and should any applicant fall in any examination, the board shall appraise the applicant, so far as it may be practicable to do so, where~n the applicant ~s de- linquent or falls to meet ~n a reasonable manner the requirements of examlnatlons, (3) that any unsuccessful applicant may make appli- cation for~examlnat~on at such time as may be prescribed by the rules adopted by the board, (4) that nothing hereln contained shall deny any applicant the r~ght to be heard on any new application at a later t~me, provided the applicant shall comply w~th the other provisions of the ordinances and the rules adopted by the board If application for a journeyman's license is made prlor to January 1, 1973, along w~th the payment of the required fee for a journeyman's l~cense, the electrical inspector may issue a certifi- cate of l~cense, w~thout oral or written examination, to any journey- man electrician who shall submit evidence satisfactory to the board that he is quallfled in accordance with provisions of this section -6- provaded that such applicant was practicing journeyman electri- cians work at the tame this ordinance became effective After December 31,1972,the electrical inspector shall issue certafl- or oral cates of licensing only by wrltten/examlnatlon as provided for an this chapter Section 9-31 Same-Fees Initial l~cense fee An ~nlt~al license fee of one hun- dred ($100 00) dollars shall be pald in advance by each person l~censed as a master electrician by the electrical anspector, and an anlt~al l~cense fee of twenty ($20 00) dollars shall be paid in advance by each person licensed as a journeyman electrlcaan by the electrical ~nspector. Renewal fee A fee of twenty ($20 00) dollars shall be pa~d annually by each holder of a master electrician's license for the renewal of the lacense, and a fee of five ($5 00) dollars shall be paid annually by each holder of a journeyman electrician's license for the renewal of the lacense Section 9-32 Same-Issuance, Term (a) Each applicant approved by the examining board shall be issued a master or journeyman electrician's lacense by the electr~- cal ~nspector upon the payment of the required fees and journeyman (b) Each master ~lectrlclan's license shall automatically ex- pire on December 31st of the year of issuance unless the required annual renewal fee is paid in advance of the expiration date -7- Section 9-33 Same-Revocation Any failure on the part of the holder of a master electri- cian's license or any employee workang under him to comply with the provisions of any ordanance of the city regulatIng the In- stalling, repalrang, changing, or altering of any electracal wiring or apparatus, and after careful review by the Electrical Code Board, the Board may deem such failure to be sufficient cause for revoking the license, together with all r~ghts and prlvaleges thereunder, and recovery of the proceeds of the bond described an Section 9-34, if so ~udged by the board Section 9-34 Bond (a) Prior to the issuance of electrical permats, the master electrician shall have on file with the c~ty a corporate surety bond in the amount of one thousand ($1,000 00) dollars, payable to the city manager and his successors an office, conditioned that the applicant and employees working under him shall faIthfully comply with all ordanances of the city regulating the anstallang, changing, repairing or altering of electrac wlrang or apparatus, and that all contracts for such work will be faathfully performed (b) The proceeds of the bond shall be available to the city or any person having a cause of action arising out of the instal- lat~on, changing, repairing or altering of electrical w~r~ng or apparatus by the pranclpal or any employee worklnq udner has super- vlsaon Section 9-35 Chief Electrician Appointment by partnerships, assocIations, f~rms, etc , re- quired Any partnership, association, firm, company or corporation desarlng to engage in the business of ~nstallang, repaarang, chang- lng or altering any electrical wiring or apparatus shall first appoint a chief electrician whose name and address shall be on f~le -8- w~th the clty and who shall obtain a master electrician's tlcense before any such partnershlp, association, f~rm, company or corpo- ration shall be authorized to engage in such business in the c~ty Responslblllty of chief electrician Each chief electrician shall be fully responsible for the work of all employees of the partnership, association, firm, company or corporation and shall be directly llable for all damages, injuries or violations of law arising from the work of such employees Section 9-36 - 9-45 Reserved ARTICLE IV Work Permits and Fees Section 9-46 Required It shall be unlawful for any person to install, change, alter, or repair any electric wlrlng or apparatus in the city (except rou- tine repairs such as replacement of fuses and lamps and the alle- viation of short circuits) unless such person has obtained a permit an writing from the chief building official to perform such work Section 9-47 Fees The followlng lnspectlon fees shall be paid to the city prior to the issuance of any permit required by this article. Service at rated capac~t~ Per ampere $ 01 Lighting and power c~rcults First four c~rcu~ts 1 00 Next f~ve to f~fty c~rcu~ts (each) 25 Ail over f~fty c~rcu~ts (each) 10 Motors (one horsepower or more) One to three motors (each) 1 25 Over three motors (each) 50 Small motors, fractional horsepower for ve~tilatln~, coolln~ or heating fans F~rst f~ve motors 1 25 All over f~ve motors (each) 10 -9- Current consuming outlets First twenty-five outlets $1 25 Next twenty-s~x to fifty outlets (each) 05 Ail over fifty outlets (each) 02 Fixtures, ceiling fans or neon or cold cathode transformers f~r 'inter~,o~ lighting First f~fty f~xtures, etc 1 25 Ail over fifty (each) 02 Electric sign circuits Per circuit (each neon transformer as one circuit) 25 Minimum fee Minimum fee for any one permit 2 50 Separate permits A separate permit shall be required for each separate building, store space, or apartment, whether such unit is metered separately or conjunctively, and a ser- vice permit shall be taken on all such units whether supplied from a central metering station or directly from an electricity supply agency, except that in trailer courts, the individual trailer disconnect switches shall not be deemed services Delinquent Permit Fee For each ]ob started where an electrical permit is not obtained within seventy-two hours (Saturdays, Sundays and legal hol~- days excepted) 5 00 Section 9-48 To be returned after ~ssuance of certificates of satisfactory ~nspect~on Whenever the electrical inspector has inspected and approved any installation, he shall issue a certificate of satisfactory spectlon Section 9-49 Reserved ARTICLE V Electrical Code Board Section 9-50 Electrical Code Board created, appointment, removal of members There is hereby created an electrical code board consisting of five (5) members, each to be appointed by the C~ty Council for a term of two (2) years, and removable for cause by sa~d council after pub- llc hearing Initially, however, all five (5) members shall be -10- appointed for a term to expire co~ncldently w~th other city boards, to serve until their successors are appointed To the extent that persons are available within this c~ty, the sa~d board shall con- slst of one (1) licensed master electrician, one (1) electrical contractor, one (1) building contractor, one (1) electrical engi- neer, and one (1) layman, who shall all reside within the c~ty Provided, however, that the City Council may appoint two (2) alter- nate members of the Electrical Code Board who shall serve in the absence of one or more of the regular members when requested to do so by the city manager, as the case may be, so that all cases to be heard by the Electrical Code Board will always be heard by a m~n~mum number of four (4) members The alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years and any vacancy shall be f~lled in the same manner and they shall be sub]ect to removal the same as the regular menfoers The City Council may appoint ex officio mem- bers to this board, to have a voice in all matters before ~t, but who shall have no vote Section 9-51 Same - Procedure and powers The board shall adopt rules to govern its proceedings provided that same are consistent with the Code of the City of Denton and Statutes of the State of Texas The Electrical Code Board shall have the same powers and duties on matters concerning Chapter Nine of the Code of Ordinances as the Building Code Board, ~ncludlng the following (a) Elect a chairman, who may administer oaths, and compel the attendance of witnesses, (b) Hear and determine, by a four-fifths (4/5) vote of the members, appeals from any decision of the electrical inspector made pursuant to Chapter N~ne after proper notice has been given, (c) By a four-fifths (4/5) vote of the members, grant vari- ances to any provision of Chapter Nine, subject to appropriate conditions and safeguards, and after a de- termination by the board that a hardship exists which would be cured by the particular variance sought Section 9-52 Same - Additional duties The board shall with the assistance of the electrical inspec- tor, director of public utilities, and city attorney, review the existing electrical codes, pertinent standard or model codes, and -11- present to the City Council its recommendation on the adoption of a new, More comprehensive, electrical code PART TWO That if any section, subsection, paragraph, sentence, clause, phrase or word ~n this ordinance, or application thereof to any person or circumstances ~s held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity PART THREE That all ordinances or parts of ordinances ~n force when the provisions of this ordinance become effective which are inconsis- tent or ~n conflict with the terms or provisions contained ~n this ordinance are hereby repealed to the extent of any such conflict PART FOUR That this ordinance shall become effective ninety (90) days from the date of its passage and the City Secretary is hereby rected to cause the caption of this ordinance to be published twice · n the Denton Record-Chronlcle within ten (10) days of the date of · ts passage PASSED AND APPROVED th~s th~ day of ~~ , A D 1972 CITY OF DENTON, TEXAS ATTEST C~T~ SECRETARY CI CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM CITy OF DEN~0N, TEXAS