HomeMy WebLinkAboutOrd No. 11-3541ORDINANCE AMENDMENT
WHEREAS, Chapter 10 sets forth the minimum standards for electrical
installations; and
WHEREAS, from time to time it is advisable to review the ordinances that
regulate the installation of electrical components in all buildings within the City of
Plainview; and
WHEREAS, the Building Trades and Fire Codes Board of Appeals has reviewed
staff recommendations on adoption of the National Electrical Code, 2008 Edition; and
WHEREAS, The National Electrical Code, 2008 Edition, with proposed
amendments as hereinafter made has been duly presented to the City Council; and
WHEREAS, the City Council of the City of Plainview finds that it would not be
detrimental or injurious to the public health, safety or general welfare of the citizens of
the City of Plainview.
SECTION I
Chapter 10, Electricity, of the Plainview Code of Ordinances is amended to read
as follows:
Art. 1
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
Art. VII.
Art. VIII.
Art. IX.
Ord. No. 11 -3541
ORDINANCE NO. 11 -3541
AN ORDINANCE AMENDING CHAPTER 10, ELECTRICITY, OF THE
CITY OF PLAINVIEW CODE OF ORDINANCES, TO ADOPT THE
NATIONAL ELECTRICAL CODE (2008 EDITION); REPEALER;
CUMULATIVE CLAUSE; CONFLICTS CLAUSE; SEVERABILITY; AND
EFFECTIVE DATE.
NOW, THEREFORE, The City of Plainview hereby ordains that:
CHAPTER 10
ELECTRICITY
In General, 10 -1 to 10 -20
Electrical Inspector and Assistants, 10 -21 -to 10 -40
Board of Electrical Examiners
Building Trades and Fire Code Board of Appeals, 10 -41 to 10 -60
Licenses and Bonds, 10 -61 to 10 -90
Permits and Inspections, 10 -91 to 10 -120
Installation Regulations, 10 -121 to 10 -150
Offenses and Penalties, 10 -151 to 10 -160
Search Warrant, 10 -161 to 10 -180
Effective Date, 10 -181.
Chapter 10- Electricity Page 1 of 32
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ARTICLE I
IN GENERAL
Sec. 10 -3. Definitions.
For the purposes of this Chapter, the following words shall be defined herein
stated. In the event of a dispute as to the meaning on an application of any work,
phrase, or descriptive term as used herein, a determination of meaning by the City of
Plainview Building Trades and Fire Code Board of Appeals shall be conclusive on all
parties. For the purpose of this Chapter, the following words shall have the following
meanings:
Apprentice electrician: One who assists a master or journeyman electrical in
a journeyman electrician and who holds a license i'cucd under the provisions of
this chapter.
Board: The term "Board" shall mean the City of Plainview Building Trades and Fire
Code Board of Appeals.
Building Official: The person charged with the administration of this Chapter.
Direct supervision: The continual oversight and control of apprentice electricians
electrical apprentices by a licensed journeyman electrician or a licensed master
electrician, who shall be physically present at the job site or installation at all times any
electrical work is in progress. The term shall also mean the continual oversight and
control of all journeyman electricians and apprentice electricians electrical apprentices
by the master electrician, who shall personally direct day -to -day activities work of the
firm, prepare bids, enter into agreements or sign contracts and manage the firm's
financial affairs.
Electrical Apprentice: An individual licensed as an apprentice who works under the
direct supervision and orders of a master electrician, a journeyman electrician, or a
residential wireman, and who is registered with the City or State but who has not yet
passed a journeyman electrician examination.
Electrical Contractor: A person or entity, licensed as an electrical contractor, that is in
the business of performing "Electrical Contracting" as defined by Texas Occupations
Code, 1305.002(5).
Electrical Inspector: The duly appointed Electrical Inspector of the city and all duly
appointed Assistant Electrical Inspectors.
Electrical installation: The installation of wiring devices or equipment for the distribution,
transmission or utilization of electrical energy.
Ord. No. 11 -3541
Chapter 10- Electricity Page 2 of 32
Electrical maintenance work: The replacement or repair of existing electrical
appurtenances, apparatus, equipment, machinery, or controls used in connection with
the use of electrical energy in. on, outside, or attached to a building, residence,
structure, property, or premises. All replacements or repairs must be of the same rating
and type as the existing installation. Any replacement or repair that shall be made to
bring such work in compliance with applicable codes under Texas Occupations Code,
Chapter 1305. Electrical maintenance work does not include the installation of any new
electrical appurtenances, apparatus, equipment, machinery, or controls beyond the
scope of any existing electrical installation.
Electrical trade: A person shall be in the electrical trade if they install or contract to
install, maintain, or repair, connect, reconnect, service or maintain any wiring, fixtures or
equipment used for the conducting of electricity for which a permit may be required by
this Chapter.
Fixture: A unit which supports a means of illumination.
General supervision: Exercise of oversight by a master electrician on behalf of any
electrical contractor, or electrical sign contractor, or by a master sign electrician on
behalf of an electrical sign contractor of performance by all classes of electrical
licensees of electrical work bearing responsibility for the work's compliance with
applicable codes under Texas Occupations Code, Chapter 1305.
Journeyman electrician: A person who works for or under the supervision of or by the
direction of a master electrician in the electrical trade, has passed a journeyman
electrician examination approved by the board or state, and is qualified as provided in
this Chapter. Said journeyman electrician shall be physically present on the job site at
all times electrical work is in progress and shall maintain continual oversight and control
of all apprentice cicctricianselectrical apprentices.
Master electrician: Any person who holds himself /herself out to the public to do
electrical work or to contract to do any or all kinds of electrical work stated in this
Chapter. A person who himself /herself or by the employment of journeyman
electricians, restricted residential wiremen and /or apprentices performs the work of
installing wires, conduits, apparatus, fixtures or other appliances for carrying or using
electricity for light, heat, or other purposes whether the master electrician contracts to
do the work personally or through others and is licensed as is provided in this Chapter.
Master sign electrician: Any person who holds himself /herself out to the public to
contract for himself /herself or by the employment of registered sign technicians and /or
registered sign trainees to perform the work of manufacturing, installing, connecting,
reconnecting, or servicing of electric signs, or any cold cathode or neon gas tubing,
inside or outside, of whatever description or for any purpose and is licensed as
provided in this Chapter. This work shall not include extension of or additions to an
existing branch circuit.
Ord. No. 11 -3541
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Maintenance electrician: One who is a full time employee of a company or business
and whose duty is to maintain existing electrical installations, including all fixtures and
appurtenances contained in a designated property building or buildings either (1) owned
by his employer or (2) operated under a maintenance contract by his employer. A
person holding this license shall not otherwise engage himself as a Maintenance
Electrician on any buildings other than those designated on the Maintenance License.
National Electrical Code: The current edition of the National Electrical Code (NFPA 70)
as approved by the National Fire Protection Association and adopted by the City
Council.
Offer to perform: To make a written or oral proposal, to contract in writing or orally to
perform electrical work or electrical sign work, or to advertise in any form through any
medium that a person or business entity is an electrical contractor or electrical sign
contractor, or that implies in any way that a person or business entity is available to
contract for or perform electrical work or electrical sign work.
On -site supervision: A licensed individual other than an electrical apprentice must
exercise the supervision of electrical work or electrical sign work. Continuous
supervision of an electrical apprentice is not required, though the on -site supervising
licensee is responsible for review and inspection of the electrical apprentice's work to
ensure compliance with any applicable codes or standards.
Opening or outlet: The location where a ceiling light, bracket light, wall light, porch light,
or a flood light is to be mounted: also, any electrical consuming opening or outlet.
Residential appliance: A unit of electrical equipment that is designed and installed in a
dwelling by direct connection to any existing electrical circuit to perform a specific
function, such as a water heater, for example. The term does not include general use
equipment, such as an electric motor, for example, that is not designed for a specific
function.
Residential appliance installer: An individual, licensed as a residential appliance
installer, who on behalf of a residential appliance installation contractor, performs
electrical work that is limited to residential appliance installation as defined by Texas
Occupations Code, 51305.002(12 -e).
Residential appliance installation contractor: A person or entity licensed as a residential
appliance installation contractor, that is in the business of residential appliance
installation as defined by Texas Occupations Code 1305.002(12 -d)
Residential wireman: An individual licensed as a residential wireman, who works under
the general supervision of a master electrician on behalf of an electrical contractor, or
employing governmental entity, while performing electrical work that is limited to
electrical installations in single family and multifamily dwellings not exceeding four
stories, as defined by Texas Occupations Code, §1305.02(13).
Ord. No. 11 -3541
Chapter 10- Electricity Page 4 of 32
Secretary: The secretary of the board of electrical examiners, the duly appointed
1835,7 8 -75: Ord. No. 84 =2660, 5 8 85; Ord. No. 92 2911, 2 25 92; Ord. No. 92 2928,
7 28 92: Ord. No. 00 3265, 9 12 00)
Sign electrician journeyman: One skilled and experienced in the physical labor involved
in electrical installations of signs and who does or holds himself out as intending to do
electrical installation and /or maintenance under the supervision of a master sign
electrician and who holds a license issued under the provisions of this Chapter. This
definition does not include running lines or circuits from sign location to or into the
building or load center.
Signs: Any physical device, panel, or installation attached to or located on a building or
structure, used to display any message or communicate any thought or idea and which
uses electricity for its intended operation.
Window sign: Any tubing containing neon gas located or installed on the inside of a
building to display any message or communicate any thought or idea and which uses
electrical current for its operation.
Sec. 10 -5 Exemptions.
(a) Traffic signal work. The provisions of this Chapter shall not apply to the fire,
police or public safety installation, or other similar installations installed and maintained
by the City of Plainview or installed under contract by a private installer for a
government agency.
(b) Franchises. The provisions of this Chapter shall not apply to electric light, heat
and power companies, telephone and telegraph companies and cable television or
other communication companies, operating under a city franchise or state or federal
laws in the installation, maintenance, removal or repair of wires or other equipment used
in connection with their business or plants.
(c Manufacturers of electrical equipment. Nothing herein shall be construed to
prohibit manufacturers of electrical apparatus or equipment from carrying on reasonable
electrical experiments with materials and products within the confines of their own
premises and all installations therein, provided further that the electrical inspector may
require the manufacturer to make whatever changes the inspector believes necessary
for the protection of public life, welfare and property.
(d) Street lighting. The provisions of this Chapter shall not apply to installations in
connection with the illumination of public streets, alleys or parkways by the City, the
Texas Highway Department, the public electric utility company or federal highway
agencies.
(e Home owner. Work not specifically regulated by a municipal ordinance that is
performed in or on a dwelling by a person who owns and resides in the dwelling.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
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Sec. 10 -6. General penalty; continuing violations.
act is required or the failure to do any act is hereby declared to be unlawful, the violator
constitute a separate offense.
(a) Penalty. Any person or persons, who installs, or causes to be installed,
maintains or causes to be maintained, electrical wiring, devices, or equipment used in
connection with the installation of any /or maintenance of electrical wiring, devices, and
equipment in violation of the provisions of this Chapter, or who fails to do any act
required hereby, shall be deemed guilty of a misdemeanor, and upon conviction hereof,
shall be punished as provided in Section 1 -5 of this Code, "General Penalty; continuing
violations
(b) Liability of corporations, associations, officers, and agents. Violation of any of
the terms or provisions of this Chapter by any corporation or association shall be
subject to the penalty provided in this Section.
(c Revocation of licenses or certification. Conviction under the provisions of this
Chapter shall be deemed just cause for the revocation of any certification, registration,
or license which such person may have or hold under the provisions of this Chapter and
examinations for reissue of such certification or license shall be at the discretion of the
Board.
(d) Enforcement. The Building Official, the Electrical Inspector, and their assistants
shall be empowered to cause criminal charges to be filed in a court of competent
jurisdiction consistent with the enforcement of this Chapter.
Sec. 10 -7. Fees doubled if no license in force.
Where work for which a permit is required by this Chapter is started or proceeded
with, prior to apply for and receiving a valid
permit, the fee for the work as specified shall be doubled. The payment of such double
fee shall not relieve any persons from fully complying with the requirements of this
Chapter and in the execution of the work, nor from any other penalties prescribed
herein.
Any work so started or proceeded with shall forthwith cease until such time as said
double fee has been paid and a valid licence permit granted except that for good cause
shown the Electrical Inspector of the Board of electrical examiners may permit such
work to continue. (Ord. No. 84 -2550, 5 -8 -84)
Secs. 10 -8 -9 to 10 -20. Reserved.
Ord. No. 11 -3541
Sec. 10 -8. Enforcement of Chapter.
The Building Official, Electrical Inspector, and their designated representative shall
be empowered to compel the suspension of any electrical sign work and /or electrical
wiring being done in violation of this Chapter.
Chapter 10- Electricity Page 6 of 32
ARTICLE II
ELECTRICAL INSPECTOR AND ASSISTANTS
Sec. 10 -21. Office created, requirements; appointments; salary.
(a) Office cresated; assistant authorized. There is hereby created the office of
the Electrical Inspector fo the city, within which may be assistant electrical inspectors.
(b) Repealed by Ord. No. 89 -2799.
(c) Appointment. The Electrical Inspector and the assistant electrical inspectors
shall be appointed by the Building Official with the approval of the City Manager. The
Electrical Inspector shall be under the administrative supervision of the Building Official.
(d) Salary. The salaries of the Electrical Inspector and his assistants shall be
fixed by the Mayor and City Council.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Sec. 10 -22. Right of entry; identification.
(a) Right of entry. The electrical inspector shall, when in the performance of his
duties, and as far as may be necessary for the performance of his duties, have the right
e
test or inspections of the electrical wiring, appliances, or equipment contained therein.
(1) Whenever necessary to make an inspection to enforce any of the
provisions of this Chapter or whenever the Building Official, the Electrical
Inspector, or their designated representative has reasonable cause to
believe that a condition exists in violation of the Electrical Code thus
making such building or premises unsafe, dangerous, or hazardous, said
official may enter such building or premises at all reasonable times to
inspect same or perform any duty imposed upon the Electrical Inspector by
this Chapter. If such building or premises is occupied, there shall first be
presented proper credentials and entry requested.
(2) If such building or premises is unoccupied, reasonable effort shall be
made to locate the owner or other person having charge or control of the
building or premises and request entry.
(3) If entry is refused, the Building Official, Electrical Inspector, or their
designated representative shall have recourse to any remedy provided by
law to secure entry.
(4) When the Building Official, Electrical Inspector, or their designated
representative shall have obtained a property inspection warrant or other
remedy provided by law to secure entry, now owner or occupant or any
other persons having charge, care, or control of any buildinq or premises
shall fail or neglect, after proper request is made as provided in this
section, to promptly permit entry therein for the purpose of the inspection
and examination pursuant to this Chapter.
(b) Identification. When on duty, the Electrical Inspector shall carry a means of
identification furnished by the City and shall show same upon the request of any person
at the job site.
(Ord. No. 75- 188835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
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Sec. 10 -23. Liability for damages.
rc con of dutics performed under the provisions of this chapter.
The Building Official, Electrical Inspector, or their designated representative
charged with the enforcement of this Chapter, acting in good faith and without malice in
the discharge of their duties, shall not thereby render themselves personally liable for
any damage that may accrue to persons or property as a result of any act or omission
in the discharge of their duties. (Ord. No. 75 -1835, 2 -8 -75: Ord. No. 84 -2440, 5 -8 -84)
Sec. 10 -24. Records; funds.
(a) Required records. The Electrical Inspector shall keep or cause to be kept
a written record of all of the following which are required to be issued or performed
under the provisions of this Chapter.
(1) Permits
(2) Licenses
(3) Inspections
(4) Condemnations
(5) Disconnects of electrical installations resulting from condemnations.
(b) Moneys received. The Electrical Inspector shall turn over to the General
Fund of the City of Plainview all moneys and payments received by his office and from
the Board.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No. 00 -3265, 9- 12 -00)
Sec. 10 -25. Inspections- consumer installations;
The Electrical Inspector shall:
(a) Inspect all electrical installations which shall include alterations, repairs and
additions in compliance with the provisions of this Chapter;
(b)
holidays recognized by thc owner or master electrician, whichever holds thc permit, to
make such inspection. Make inspections of existing electrical installations when he
reasonably believes they are unsafe, improper, and constitute a hazard to life or
property.
(c) All reports shall be in writing and be certified by a responsible code official.
This code official is authorized to require expert opinion, as deemed necessary to report
upon unusual technical issues that arise.
(Ord.. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Ord. No. 11 -3541
ARTICLE III
BOARD OF ELECTRICAL EXAMINERS
BUILDING TRADES AND FIRE CODE BOARD OF APPEALS
Sec. 10 -41. Board
See Scction 6 41 Article III, Chapter 6 of the City of Plainview Code of
Ordinances for m ans of app al procedures regarding the Building Trades and Fire
Chapter 10- Electricity Page 8 of 32
Code Board of Appeals. (Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No.
96 -3068, 3- 26 -96; Ord. No. 00 -3265, 9- 12 -00)
Sec. 10 -42. Appeals
(a) Notice of Appeal. The Board shall require notice of appeal in writing stating
grounds for appeal and other such matters. A person directly interested, affected, or
aggrieved in decisions made by the director or the director's subordinates pertaining to
the administration of this Chapter may request an appeal of such decision before the
Board. The appellant and the Building Official, Electrical Inspector, or their designated
representative shall be given reasonable notice of the time and place of appeal.
(b) Appeals from Board's Actions. Any action of the Board may be appealed by
a person directly interested, affected, or aggrieved in the action by written petition filed
with the Board and the City Secretary within twenty -one (21) days of such action for a
hearing before the City Council.
Sec. 10 -42 43 to 10 -60. Reserved.
Sec. 10 -61. Electrical Licenses classification' reciprocity.
License Requirements. General.
Title 8, Occupations Code Chapter 1305 (Effective September 1, 2007)
Insurance Required
(a) There is hereby cr atcd the following clarification of electrical licenses
which will be designated as follows: master electrician, master sign electrician,
journeyman electrician, journeyman sign electrician and maintenance electrician.
(b) A master electrician, master sign electrician, journeyman electrician, or
1. Hc shall submit evidence satisfactory to thc electrical inspector that his
current license was issued by a city operating under the "National Electrical
Code," currently adopted edition, or later edition of said codc.
2. Hc shall submit evidence satisfactory to thc electrical inspector that his
current license was issued under conditions not Tess restrictive than
required by this codc for issuance of such a licence.
3. He shall submit evidence satisfactory to the electrical inspector that an
Ord. No. 11 3541
ARTICLE IV
LICENSES AND BONDS
a similar or equivalent license under reciprocal conditions from the city
issuing applicant's current licenses.
1. He shall submit a signed, notarized letter, addressed to the electrical
inspector, from the electrical inspector of thc city in which he is licensed,
Chapter 10- Electricity Page 9 of 32
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indicating that the electrician ic licensed, thc date of said licensing, and that
he ic in good standing with that licensing city.
5. He shall furnish all necessary certificates of insurance, pay all licence
fees and comply with all other requirements of this code.
6. A license iscucd under this section may be revoked or suspended for
any of thc reasons set forth in Chapter 7 of the Electrical Code of thc City of
Plainview,
(a) A person, firm, or corporation shall not perform work requirinq an electrical
license under Title 8, Occupations Code, Chapter 1305. Except as provided by Section
1305.003, a person, firm, or corporation may not perform or offer to perform electrical
work or residential appliance installation unless the person or business holds an
appropriate license issued or recognized under this Chapter.
(b) A licensed applicant or licensee shall file with the City a completed certificate
of insurance or other evidence satisfactory to the City when applying for initial and
renewal licenses and upon request of the City.
(c) Each successful applicant for an electrician's license shall maintain and furnish
to the City the following General liability and completed operation insurance:
(1) In addition to all other insurance requirements, the master electrician of
record, the master sign electrician of record, and the firm for whom the
master is holding the master's license or the holder of a maintenance
permit must continuously maintain on file with the Building Official
evidence in the form of a certificate that the holder of the master's
license carries the following types and amounts of insurance: License
holders shall have bodily injury liability insurance of at least Three
Hundred Thousand and No /100 Dollars ($300,000.00) and property
damage liability insurance of at least Three Hundred Thousand Dollars
($300,000.00) for both general liability and completed operations
insurance. This amount shall equal the same amount as the State,
should requirements be changed by the State.
(2) If the person holding a master's license severs the connection with a firm
that is jointly covered by the same insurance, a new certificate showing
proper coverage will be required of both parties.
(3) The holder of any master's license is responsible for providing evidence
of a new or renewal policy of any required insurance coverage upon
termination or renewal of any policy.
(d) Such applicant shall furnish the Building Official with a certificate of insurance
on an industry standard certificate of insurance form with a thirty (30) day
cancellation notice.
(e) A licensed contractor shall furnish the name of the insurance carrier, policy
number, name, address, and telephone number of the insurance agent with whom the
contracting company is insured to any customer who requests it.
(f) Insurance must be obtained from an admitted company or an eligible surplus
lines carrier, as defined in the Texas Insurance Code, Chapter 981, or other insurance
companies that are rated by A.M. Best Company as B+ or higher.
Ord. No. 11 -3541
Chapter 10- Electricity Page 10 of 32
(g) The insurance policy shall include a provision that in the event such coverage
cancelled or reduced, the insurance company shall notify the Building Official at least
prior to such cancellation or reduction in coverage.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No. 94 -3011, 8- 23 -94; Ord.
No. 96 -3080 on 5- 28 -96)
e
exemptions
Plainview, ach applicant for such license cl be a high
Electrician's Licence, and shall demonstrate his /her professional competency by
passing an examination for Master Electrician with a minimum grade of 70
(b) To be eligible to hold a license as a Sign Electrician Master within the City of
pared an examination for Sign Electrician Journeyman, be thc holder of a S+g-n
Electrician Journeyman's License, and shall demonstrate his professional competency
.o
provided that:
Master license to the Code Enforcement Department.
{Ord. No. 75 1835, 7 8 75; Ord. No. 84 2550, 5 8 84; Ord. No. 92 2928, 7 28 92,
Ord. No. 95 3039; Ord. No. 00 3265, 9-12 00)
license.
for such license shall bc a high school graduate or thc equivalent thereof, shall have
had five y arc experience as an Apprentice in electrical construction under the
-e ee •e
demonstrate his /her qualifications by passing an examination for Journeyman
Electrician with a minimum grade of 70
(b) To bc eligible to hold a license as a Sign Electrician Journeyman, ach
the supervision of a licensed and bonded Sign Electrician Matter or equivalent, and
shall demonstrate his qualifications by pa °-ing an examination for Sign Electrician
Journeyman with a minimum grade of 70
{c) The City of Plainview will recognize the license of any Sign Electrician
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Chapter 10- Electricity
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requirements, provided that the Sign Electrician Journeyman submits proof of his/her
Sign Electrician Journeyman licence to the Code Enforcement Department.
(Ord. No. 75 1835, 7 8 75; Ord. No. 84 2550, 4.2, 5 8 84; Ord. No. 92 2928, 7 28 92;
Ord. No. 00-3265, 9 12 -00)
Sec. 10 -61. Eligibility for maintenance electrician license.
applicant for such license shall provide evidence of his ability to perform his work for a
minimum grade of seventy percent (70 (Ord. No. 75 1835, 4.4, 7 8 75; Ord. No.
84 -2550, 4.4, 5 8 84)
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e
75 1835, 4.5, 7 8 75; Ord. No. 84 2550, 1.5, 5 8 84; Ord. No. 00 3265, 9 -12 00)
Sec. 10 66. Elevator electrician's licenses
(Ord. No. 75 -1835, 4.6, 7 8 75; Ord. No. 84 2550, 4.6, 5 8 84, Ord. No. 95-3039
e 1
Sec. 10 67. Application for electrical license.
circumstances justify omiscion of such information. Thc Board shall review ach
application and after approval of the application, the applicant shall bc notified as to the
time and place of such examination following the day his application is approved. Upon
approval for cxamination, thc applicant shall complete thc examination within ninety
(90) days, otherwise a new application must be completed and approved by thc Board.
Master and Journeyman electrical licensing requirements arc established by the
Ord. No. 81 2550, 4.7, 5 -8 -81; Ord. No. 00 3z- 12-00)
Sec. 10 68. Examination fees.
The following schedule of fees shall bc charged each applicant for the electrical
license and said fee shall be paid to the Secretary of the Board on or before taking the
respective examination. The fees required to bc paid herein arc in addition to the license
fees, which are hereinafter required. The cxamination fees herein required shall not be
Board shall be paid over to the General Fund of the City. Thc fees arc as follows:
Ord. No. 11 -3541
Mater Electrician:
Sign Electrician Master:
Journeyman Electrician:
$100.00
70.00
50.00
Chapter 10- Electricity Page 12 of 32
Sign Electrician Journeyman: 10.00
Maintenance Electrician 40.00
(Ord. No. 75 1835, 4.8, 7 8 75; Ord. No. 84 2550, 4.8, 5 8 84; Ord. No. 92 2928, 7
28 92; Ord. No. 93 2949, 2 9 93; Ord. No. 00 3265, 9 12 00)
Sec. 10 69. Examination procedures.
authorized by the Board under such supervision as thc Board may dircct. (Ord. No.
e
•a 1�
Scc. 10 -70. License fccs.
IV WWI 41'
respective fees for licensing:
Master Electrician
Sign Electrician Master
Journeyman Electrician
Sign Electrician Journeyman
Maintenance Electrician
notified he /she has passed thc examination.
$100.00
40.00
20.00
20.00
15.00
Complete re application and
e e e e
the time herein specified. All license fccs collected by the Sccrctary of thc Board shall
I
No. 84 2550, 4.10, 5 -8 81; Ord. No. 92 2928, 7 28 -92; Ord. No. 00 3265, 9 -12 00)
Sec. 10- 62 Master electrician- general registration and regulation
Licensed Contractor's Responsibilities
(a) A person shall not engage in the business of electrical contracting without
being licensed, insured, or bonded and registered in the manner required by this
Section as a master electrician or as a licensed electrical contractor, licensed electrical
sign contractor, or a licensed residential appliance installation contractor and employing
a master electrician in accordance with subsection (d) below.
(b) Any person holding a master electrician's license in the city shall not
establish, maintain or advertise a place of business at any location within the City under
any name other than that registered with the Electrical Inspector. A person shall not
qualify more than one electrical business fir-service or other entity at any one time.
(c) Any person desiring to engage in the business of electrical contracting shall
make application for registration and shall pay the $30.00 annual registration fee at the
office of the Electrical Inspector. This registration must include the name of the person
holding the master electrician's license, the name of the business under which work is to
be performed, the street address, mailing address and permanent telephone number of
the place of business, and the names of all journeymen and
electrical apprentices employed by the firm.
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(d) No person or firm shall engage in the electrical contracting business within
the City unless the business is qualified by a master electrician who:
(1) Is an owner or full -time employee of the business;
(2) Directly supervises the daily operation of the business in an active
manner;
(3) Is not engaged in or employed by any other electrical business at the
same time;
(4) Is authorized to order employees of the business to correct defects,
errors and deficiencies in electrical work installed or performed by the
business; and
(5) Shall be equally and jointly responsible with his employer for the
business firm's complying with the provisions of this Chapter in its entirety,
including payment for indebtedness to the City for permit fees, inspection
fees and license fees.
{c) A person who has becn employed as a master electrician by another master
(2) Bc equally and jointly responsible with his employer for the bucinese,
firm's complying with thc provisions of this chapter in its entirety, including
license fees;
{3) Give written noticc to thc electrical inspector immediately whenever he
this code to employ a mactcr electrician.
(e) A licensed electrical contractor of any type shall display its name and license
number on both sides of each vehicle owned or operated by the business and used in
the conduct of electrical work. Lettering shall be of a contrasting color and at least two
inches in height. The license number shall be preceded by the letters "TECL "TSCL"
or "TICL
(f) The permit privileges of thc employer master electrician shall, without further
order or action, be suspended immediately upon termina ion- -e dlcchargc of the
mactcr electrician.
(f) All of a contractor's non exempt electrical work shall be performed by licensed
individuals. A contractor is responsible for compliance with applicable codes for all such
electrical work performed on its behalf.
(g)
issuance of permits to, any master electrician or firm who:
Ord. No. 11 -3541
notification from the office of thc electrical inspector;
permit fccs or license fees.
(g) The contractor's name, address, telephone number, and license number shall
appear on all proposals, invoices, and written contracts proposed by the contractor. The
Chapter 10- Electricity Page 14 of 32
following information: "Regulated by the Texas Department of Licensing and Regulation,
P. O. Box 12157, Austin, Texas 78711, 1- 800 803 -9202. 512- 463 -6599; website:
www. license .state.tx.us /complaints" shall be listed on invoices and written contracts.
(h) A master electrician shall not qualify nor operate more than one electrical
contracting business at one time.
(Ord. No. 75 -1835, 4.10, 7 -8 -75; Ord. No. 84 -2550, 4.10, 5 -8 -84)
Sec. 10 72. Expiration and renewal.
shall be made in such form, as the Board shall prescribe. Applications for renewal of
said licenses may be made between the first day of October and thc 31st day of
Den�embe°T
finding of any of the following;
Ord. No. 11 -3541
license could be suspended or revoked;
(2) That thc applicant has failed to comply with the renewal procedures
provided for his class of license by this chapter;
this chapter;
failed to obtain or does not then have an effective
(5) That the applicant has within the twelve (12) month period prior to
application, while operating or working within the city, failed to comply with the
provisions of the electrical code, or ha failed to correct clectrical-we-F11-4stalled
in violation of this chapter.
(Ord. No. 75 1835, 7 8 75; Ord. No. 8/1 2550, 5 8 84; Ord. No. 00 3265, 9-12 00)
Sec. 10 73. Renewal fees.
Thc following fees for the renewal of any license issued under thc provisions of
this chaptcr shall bc paid to the City Electrical Inspector who shall duly pay all fees
received into thc General Fund of thc city: Thc fccs arc as follows:
Master Electrician $75.00
Sign Electrician Master $30.00
Journeyman Electrician $15.00
Ste;- Electrician Journeyman $15.00
Maintenance Electrician $15.00
The fccs as listed above shall be charged for the renewal of any licenses,
before expiration of applicant's license. However, any license may bc renewed during
thc succeeding twelve (12) months from its expiration date upon approval of the
renewal by the Board and payment of the fee for the original license. No license may
license. After thc expiration of such twelve (12) month period, any person desiring any
Chapter 10- Electricity
Page 15 of 32
487
488
electrical license authorized to bc issued under this chapter shall bc required to qualify
original fcc for such licence. (Ord. No. 75 1835, 4.12, 7 8 75; Ord. No. 84 2550,
4.13, 5 8 -81; Ord No. 92 2928, 7 -28 92; Ord. No. 00 3265, 9 12 00)
Scc. 10 74. Posvession of license.
of this chapter shall, when on thc job site of any electrical installation, have in his
immediate possescion thc wallet size license identification furnished by thc electrical
inspector at the time of the issuance of his license, and such license holder shall upon
request present same for identification to thc electrical inspector. (Ord. No. 75 1835,
4.13, 7 8 75; Ord. No. 84 2550, 4.14, 5 8 84)
(Ord. No. 75 1835, 7 8 -75; Ord. No. 84 2550, 5 8 81;Ord. 953039)
Sec. 10 -7-6. 63. Permanent place of business.
(a) Every master electrician and master sign electrician or licensed electrical
contractor or any type licensed under this Chapter shall have and shall maintain a
definite, permanent place of business. A permanent place of business shall consist of
a current street address, telephone number and mailing address at which the master
electrician can be reached, and it shall be furnished to the Electrical Inspector and
updated as required.
employees or shall employ another master electrician to supervise the day to day
operations of the business and all electrical work by the firm's employees. In thc event
that such master electrician is not a resident of thc City of Plainview, it shall be
presumed he /she is not exercising direct supervision expressed in this chapter unless
satisfaction of thc electrical inspector or the Board.
(b) Every licensed electrical contractor of any type and its designated master
electrician shall be responsible for supervision of all licensees performing work on
behalf of the contractor to assure compliance with applicable statutes and rules, and in
particular, standards of conduct set out in these rules.
(c) Journeyman electricians shall not supervise more than three electrical
apprentices on any given lob site at one time.
(Ord. No. 75 -1835, 7- 8- 75;Ord. No. 84 -2550 5- 8 -84; Ord. No. 00 -3265, 9- 12 -00)
Sec. 10 -7-7 64. Licenses not transferable.
(a) It shall be unlawful for any person holding an electrician's license authorized
to be issued under the provisions of this Chapter to transfer the same or allow the use
of same directly or indirectly by any other person for the purpose of doing electrical work
or for obtaining a permit to do electrical work.
Ord. No. 11 -3541
Chapter 10- Electricity Page 16 of 32
(b) A person who has been employed as a master electrician by another master
electrician electrical contractor in order to open a permanent place of business and
qualify as an electrical firm within the City shall:
(1) Obtain and maintain a master electrician license from the City of
Plainview State of Texas;
(2) Be equally and jointly responsible with his employer for the business
firm's complying with the provisions of this Chapter in its entirety, including
payment for indebtedness to the City for permit fees, inspection fees, and
license fees.
(3) Give written notice to the Electrical Inspector immediately whenever
he leaves or is discharged from the employ of a person who is required by
this Chapter to employ a master electrician.
(c) The permit privileges of the employer master electrician shall, without further
order or action, be suspended immediately upon termination or discharge of the
employee master electrician, until the employment and qualifying of another employee
master electrician.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Sec. 10 78. Master electrician or master sign electrician to directly supervise work.
ee•
electrical work installed under permits secured by him in the city, and shall maintain
on any project. (Ord. No. 75 1835, 4.18, 7 8 85; Ord. No. 84 2-550, 4.18, 5 8 84)
Sec. 10 -79. Calling for inspections.
for all rough and final- icpectionc necessary under this chapter.
4. 7-8 -75;-Ord- -fate. 81 2550, 1.19, 5 8 81)
Ord. No. 75 1835,
Sec. 10 -80 65 Scope of maintenance electrician license.
The maintenance electrician's license shall not be construed in any way to allow
the holder thereof to install any new circuit, outlet, or additions, or to perform any
electrical work for which a permit is required, or to perform any work required by this
Chapter to be performed by a master electrician, master sign electrician, journeyman
electrician or journeyman sign electrician.
(a) Falsification of an experience record shall bc justification for the board's
cancelled due to the falsification of are exporienee rcce
license fee shall bc made.
(b) The board shall iczuc to the maintenance electrician a licence which he shall
electrician only on the premises of the owner by whom he is employed. Any violation of
this requirement shall result in the cancellation of his license.
Ord. No. 11 -3541
Chapter 10- Electricity Page 17 of 32
489
490
electrician.
(c) (1) No person shall allow thc use of his maintenance electrician's license,
directly or indirectly, by any other person for any purpose.
(2) In addition to that penalty provided herein any person convicted of
violation of this provision shall forfeit his licence and it shall thcroaftcr be void.
within one (1) year from thc date of forfeiture.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Sec. 10- 84-66. Location of work.
address of the person to whom the license is issued, and thc location of the premises in
or on which thc maintenance work is to be done, and thc date the certificate way
(b) Every holder of a maintenance electrician's license shall notify the electrical
inspector immediately when such holder 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 maintenance work.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2250, 5 -8 -84)
Sec. 10 -82 67. Scope of apprentice electrical electrical apprentice license.
Le..
apprentice electrician shall be able to r ad and write the English language.
submitted for thc apprentice license, it shall be signed by the supervising master
electrician and give thc company name. Such licences shall expire on the thirty first (31)
(c)- (a) Possession of an apprentice license. Every apprentice electrician shall
keep such license in his possession and on his person at all times when engaged in
work on any electrical installation project or site.
(b) Working under supervision. Every apprentice shall undertake electrical
work only when engaged under the direct supervision of a master electrician, master
sign electrician, journeyman electrician or journeyman sign electrician. No more than
three (3) apprentice electricians shall be under the direct supervision of a licensed
journeyman or master electrician on any individual jobsite a ratio of 3 apprentices to
each journeyman or master electrician.
(Ord. No. 75 -1825, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No. 96- 3068,3- 26 -96;
Ord. No. 02 -3361, 11- 26 -02)
Sec. 10 83. Scope of elevator electrician license.
(Ord. No. 75 1835, 7 8 -75; Ord. No. 84 2550, 5 8 84; Ord. No. 96-3068.
Ord. No. 11 -3541
Chapter 10- Electricity Page 18 of 32
Sec. 10 -84 68. Suspension or revocation of electrical licenses.
(a) The Board may request suspension of shall have the power to suspend or
revoke the license or registration of any class of electrician who has committed any of
the following:
(1) The practice of any fraud or deceit in obtaining a ease permit or
registration;
(2) Intentionally violating any provision of this Chapter;
(3) Any gross negligence, incompetency or misconduct in the performance of
electrical work within the city.
(b) In considering charges under this section or section 10 -6 of this Chapter, the
Board shall proceed upon sworn information furnished by an official of the City, or by
some person having knowledge of an alleged violation in the performance of electrical
work. Such information shall be in writing and shall be duly verified by the person
familiar with the allegations made. The Board, if it deems the information sufficient to
support further action on its part, shall issue an order setting the matter for hearing at a
specified time and place and the secretary of the Board, with the advice and counsel of
the City Attorney, shall cause a copy of the Board's order and of the information to be
personally served upon the electrician or by certified mail, return receipt requested, at
least fifteen (15) days before the date set for the hearing.
(c) Violations.
Ord. No. 11 -3541
continue shall constitute a separate offense.
that a violation continues or was allowed to continue shall constitute a
separate offense.
_ee e
e -e-
.e:
violated shall immediately revoke the person's license and said person shall
chaptcr.
.e -e
master sign electrician, journeyman electrician, journeyman sign electrician,
apprentice electrician or maintenance electrician license is suspended or
revoked, no portion of the license fee will be refunded.
(d) Whcn the provisions for giving notice required by this section have been
fulfilled, the failure of any person entitled to receive notice shall not invalidate any
Chapter 10- Electricity Page 19 of 32
491
492
proceedings under this section or relieve any such person from any duty or obligation
imposed on him by the provisions of this section.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No. 00 -3265, 9- 12 -00)
Sec. 10 -85 69. Procedures for conduct of suspension or revocation hearings.
(a) Only those matters or issues specifically raised by the city official or
aggrieved party shall be considered in the hearing. In determining such charges, the
Board shall proceed upon the sworn information furnished by any person who is of
sound mind and legal age.
(b) Record. A record of the entire proceedings may be made by tape recording,
or by any other means of permanent recording determined to be appropriate by the
Board.
(c) Reporting. The proceedings at the hearing shall also be reported by a
phonographic reporter if requested by any party thereto. A transcript of the proceedings
shall be made available to all parties upon request and upon payment of the fee
prescribed therefore. Such fees may be established by the Board, but shall in no event
be greater than the cost involved.
(d) Continuances. The Board may grant continuances for good cause.
(e) Oaths; certification. In any proceedings under this Chapter the Board, or
any board member, has the power to administer oaths and affirmations and to certify to
official acts.
(f) Reasonable dispatch. The Board and its representatives shall proceed with
reasonable dispatch to conclude any matter before it. Due regard shall be shown for
the convenience and necessity of any parties or their representatives.
(g) Rules. The hearing need not be conducted according to the technical rules
relating to evidence and witnesses.
(1) Oral evidence. Oral evidence shall be taken only on oath or
affirmation.
(2) Hearsay evidence. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but shall not be sufficient
in itself to support a finding unless it would be admissible over objection in
civil actions in courts of competent jurisdiction in this state.
(3) Admissibility of evidence. Any relevant evidence shall be admitted if it
is the type of evidence on which responsible persons are accustomed to
rely in the conduct of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the admission of
such evidence over objection in civil actions in courts of competent jurisdic-
tion in this state.
(4) Exclusion of evidence. Irrelevant and unduly repetitious evidence
shall be excluded.
(5) Rights of parties. Each party shall have these rights, among others:
(A) To call and examine witnesses on any matter relevant to the
issues of the hearing;
(B) To introduce documentary and physical evidence; to serve
search warrants;
Ord. No. 11 -3541
Chapter 10- Electricity Page 20 of 32
Ord. No. 11 -3541
(C) To cross examine opposing witnesses on any matter relevant to
the issues of the hearing;
(D) To impeach any witness regardless of which party first called;
(E) To rebut the evidence against him;
(F) To represent himself or to be represented by anyone of his
choice who is lawfully permitted to do so;
(G) To subpoena witnesses, administer oaths, punish for contempt,
require production of documents and records relevant to the issues.
(6) Official notice.
(A) What may be noticed. In reaching a decision, official notice
may be taken, either before or after submission of the case for
decision, of any fact which may be judicially noticed by the courts of
ordinances of the city or rules and regulations of the board.
(B) Parties to be notified. Parties present at the hearing shall be
informed of the matters to be noticed and these matters shall be
noted in the record, referred to therein, or appended thereto.
(C) Opportunity to refute. Parties present at the hearing shall be
given a reasonable opportunity, on request, to refute the officially
noticed matters by evidence or by written or oral presentation of
authority, the manner of such refutation to be determined by the
board.
(D) Inspection of the premises. The Board may inspect any
building or premises involved in the appeal during the course of the
hearing, provided that: (1) notice of such inspection shall be given
to the parties before the inspection is made; (2) the parties are
given an opportunity to be present during the inspection; and (3)
the board shall state for the record upon completion of the
inspection the material facts observed and the conclusions drawn
therefrom. Each party then shall have a right to rebut or explain the
matters so stated by the Board.
(7) Hearing before the Board itself. Where a contested case is heard
before the Board itself, no member thereof who did not hear the evidence
or has not read the entire record of the proceedings shall vote on or take
part in the decision.
(8) Form of decision. The decision shall be in writing and shall contain
findings of fact, a determination of the issues presented, and the action to
be taken. A copy of the decision shall be delivered to the appellant
personally or sent to him by certified mail, return receipt requested.
(9) Effective date of decision. The effective date of the decision shall be
as stated therein.
(10) Any person who may feel himself /herself aggrieved by any action or
decision of the Board may, within thirty (30) days after receiving the
decision of the Board, take recourse from said action or decision as
provided by the laws of the State of Texas. Such recourse shall not have
the effect of suspending any decision of the Board unless the suspension
is ordered by a court of competent jurisdiction.
Chapter 10- Electricity Page 21 of 32
493
494
(11) Any person whose rights, under an electrical license or registration,
have been suspended or revoked by the Board shall not engage in or do
electrical work during said term of the suspension or revocation.
(Ord. No. 84 -2550, 5 -8 -84; Ord. No. 00 -3265, 9- 12 -00)
Sec. 10 -66 70 to 10 -90. Reserved.
Ord. No. 11 -3541
ARTICLE V
PERMITS AND INSPECTIONS
Sec. 10 -93. Issuance and contents of permits.
(1) Permits are authorized to applicants when arrangements for payment of fees
have been made, all license and bond requirements of the Code have been complied
with, an4 when the plans and specifications of the proposed electrical work have been
approved, and use or occupancy for which the proposed work is intended when deemed
necessary. The applicant shall state the kind of work to be done and the address of the
building where the work is to be done. The Building Inspection personnel will issue a
permit and such permit shall be without effect as to any work not therein described or as
to any place other than described:
(a) A homeowner shall apply for a permit and state that the electrical
installation will be made in a single family dwelling in which he currently resides or will
reside upon completion if the single unit is under construction, that he will make the
electrical installation himself accepting no help from outside parties, and that he has not
obtained a permit to make an electrical installation within the past two years. The
homeowner shall furnish such proof of ownership as the inspector may require.
(b) Permits issued to homeowners shall be valid only for work done at the
residence occupied by the homeowner at the time of permit issue. Permits for
commercial buildings, leased or rented property, shall be issued only to a master
electrician.
(2) After first registering with the City and paying the registration fee, then further
applications may be made verbally by telephone by registered individuals with a valid
charge account.
(3) An application for a permit shall be considered as permission from an
authorized representative to inspect the premises.
(4) Falsification of an applicant application for a permit by a master electrician or
a homeowner shall be justification for the Electrical Inspector to refuse to issue a permit
or to cancel a permit if one has been issued.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No. 94 -3015, 9- 13 -94;
Ord. No. 00 -3265, 9- 12 -00)
Sec. 10 -104. Purpose of red, green and yellow tags.
(a)At the completion of the initial or rough -in inspection, the Electrical Inspector
or his deputy shall, if such installation is approved, cause a green "approval" tag to be
affixed to a visible and accessible point on the electrical work approved. If such
inspector determines that such installation is not acceptable, he shall affix to such
Chapter 10- Electricity Page 22 of 32
electrical work, a red "violation" tag which shall have printed thereon in substance, a
warning that the work or installation will not pass inspection, and that it is a violation of
city ordinances to conceal or continue any of the electrical work until the installation is
re- inspected and approved. If, upon re- inspection, the violation has been satisfactorily
corrected, the Electrical Inspector shall then cause the red "violation" tag to be removed
and the green "approval" tag to be affixed in its place. The same process shall be
followed upon the final inspection, with a red "violation" tag to be affixed if the
installation is not approved. Approval on final inspection, or final re- inspection, shall be
denoted by placing a green "approval" tag on the approved installation. Whenever a red
"violation" tag is affixed on the installation, at either the rough -in or final inspection, the
electrical inspector shall note on the back of such tag the precise violation involved and
such other factual information as the Electrical Inspector may feel necessary to inform
the master electrician of the specific items that need to be corrected. A yellow tag may
also be used to note minor corrections, requiring a re- inspection to be called for before
proceeding with the work, whenever w noted on the tag.
(b) No person, firm or corporation engaged in any work at the building site shall
ever cause, allow or suffer electrical work to be covered over unless same bears an
inspection tag showing final approval, nor shall any red, green, or yellow inspection tag
be affixed to any electrical work by anyone other than a the City's Electrical Inspector or
his deputies.
(c) It shall be unlawful for any person to remove, destroy or deface a red, yellow
or green tag, or for any lather, carpenter contractor or any other person to conceal any
wiring or conduit which has not been approved as indicated by the presence of the
inspection tag. The Electrical Inspector shall have the authority to require any person,
firm or corporation to uncover any wiring or electrical equipment which has been
concealed without the knowledge or permission of the Electrical Inspector.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Sec. 10 -105. Time of making +Inspections.
homeowner, whose installation is r ady for inspection, shall allow the electrical
ay excepted, aftcr notification to inspect before proceeding to work on the
electrical installation.
The Building Official or his /her designee shall make all of the required
inspections. All reports shall be in writing and be certified by a responsible code official.
This Building Official is authorized to require expert opinion, as deemed necessary, to
report upon unusual technical issues that arise, at no expense to this jurisdiction. (Ord.
No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Ord. No. 11 -3541
company; reconnections or discontinued service.
Chapter 10- Electricity
Page 23 of 32
495
496
5.16, 7 8 75; Ord. No. 84 2550, 5.16, 5 8 84)
Sec. 10 106. Service of Notice.
If the person to whom any order or notice issued pursuant to the provisions of
this Chapter cannot be found after reasonable search has been made for him, then
such order or notices may be served by posting same in a conspicuous place upon the
premises occupied by him or where the defects recited in the order or notice are alleged
to exist, or on the premises which may be deemed unsafe or dangerous. Such service
shall be equivalent to personal service of such order or notice. Any order to comply with
the terms of this Chapter or other notice shall be sent in a sealed envelope, certified
mail, return receipt requested with postage prepaid and directed to the last known
address of the electrician, owner, lessee, or occupant of the premises where the defects
recited in the order are alleged to exist, and shall be equivalent to the personal service
of such order.
Ord. No. 11 -3541
ARTICLE VI.
INSTALLATION REGULATIONS
Sec. 10 -121. Standard; National Electrical Code incorporated by reference.
All installation hereafter installed within the corporate limits of the City of
Plainview shall be done in first class workmanlike manner in accordance with the 2003
2008 Edition of the National Electrical Code, as adopted by the National Fire Protection
Association, and said National Electrical Code is made a part of this Chapter, with the
additions and deviations therefrom contained in this Code.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No. 87 -2691, 3- 24 -87; Ord.
No. 90 -2832, 6- 12- 90;Ord. No. 93 -2954, 4- 13 -93; Ord. No. 96 -3068; Ord. No. 01 -3307,
11 13 01; Ord. No. 04 3434, 10 26 04)
Sec. 10 -122. Minimum size wire exceptions.
Nothing less than No. 12 AWG copper wire will be permitted within the corporate
limits of the City, with the following exceptions:
(a) That ground wire in non metallic cable shall be in accordance with the
National Electrical Code;
(b) For special circuits such as controls, public address systems, annunciators
and signals, ordinary switch legs for lighting systems will not be construed as control
wiring;
(c) No. 6 2 or greater and above aluminum wire may be used in commercial and
rccidcntial wiring provided it is installed in accordance with the National Electrical Code.
(d) No. 4/0 aluminum wire may be used in residential wiring provided it is
installed in accordance with the National Electrical Code.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Sec. 10 -124. Flexible metallic conduit or grccnficld. Reserved.
Chapter 10- Electricity Page 24 of 32
The use of flexible metallic conduit or grcenfield will not be permitted for use as a
connecting motors, appliances, recessed fixtures, or where space limits the use of
{Ord. No. 75 -1835, 6.4, 7 8 75; Ord. No. 84 2550, 6.4, 5 8 84}
Sec. 10 -126. Wiring in bathrooms, kitchens or laundry rooms.
{a} Wall switches. All lights in bathrooms, kitchens or laundry rooms shall be
controlled by wall switches, located where they cannot be readily reached from bathtub,
sink lavatory, or shower whenever possible to do so.
(b) Metal fixtures; grounding. All metal fixtures in bathrooms end kitchens,
grounded to their neutral wire.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
-e.
Sec. 10 -127. Panel boards;
{a) Size of panels. All panels must be large enough to accommodate the
present Toad requirements and have at least two spare circuits for future use.
(b) Fused panels. Fused panels must bc equipped with tamper proof fuses and
(c) Location of panels. Panels or circuit br akers shall not be placed in water
ton a�.r- er-uccrs
(d) Washin machines se
the National Electrical Code.
(e) Kitchen circuits; maximum load. A maximum of four (4) receptacles will be
aratc circuit. Separate circuits of No. 12 wirc will be
kitchen.
(f) H atcrs. All bathroom or other typo electrical h atcr of one thousand (1,000}
other lighting. A minimum of No. 12 AWG copper wirc shall bc used, and the proper
National Electrical -cede.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Sec. 10 -133. -e'• e e Reserved.
{a) Where permisciblc.
boxes, fittings or cabinets.
(b) Insulating material. When making joint, splices or taps, the insulating
material used to cover the joint, splice or tap shall be equal or greater than that which
was removed.
Ord. No. 11 -3541
Joints and splices shall be made only in approved
Chapter 10- Electricity Page 25 of 32
497
498
(c) Soldered or made u with a •roved mechanical devices. All joints, splices or
taps shall bc soldered or made up with underwriters' approved mechanical splicing
devices with approved splice caps or wire nuts.
(d) Tape. When tape is uccd to insulate a joint, splice or tap, only
underwriters' approved rubber or plastic tape shall bc used. Friction tape shall be used
used.
injury.
(Ord. No. 75 1835, 6.14, 7 -8 -75; Ord. No. 84 2550, 6.13, 5 8 81)
Sec. 10 -136. Service entrance and service drops.
(a) All metal; extent. An all metal service entrance, complete with rain tight
entrance equipment, from the point of contact with the power company service drop
conductors to the distribution panel and to all sub panels shall be used. S.E.Cable or
other similar cables will not be accepted for service entrance use, except with the prior
approval of the Electrical Inspector.
(b) Conductors; clearance. Service drop conductors to buildings may not be
installed with less than ten (10) feet clearance from ground, floor, platform or projection
from which they may be reached. Where the point of entry to the building does not meet
this requirement, then an approved bracket or method of support to obtain this
clearance shall be installed. If a mast is used, the minimum requirement is two (2) inch
rigid steel conduit. a In mast installations, the point of attachment for the service cable
may be eighteen (18) inches above the roof, under certain conditions. SEE: National
Electrical Code.
(c) Installed outside of building. Where service entrance equipment is installed
maintained from the ground or any other floor or platform to the bottom of such
equipment,
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(c) (d) Disconnecting switches. All disconnecting switches set on the exterior of
buildings shall be equipped with dead front panel.
(d) (c) Size of conductors; certain residences. Minimum size of meter base and
conductors for residential and commercial uses shall be rated 100 amp, and minimum
size conductors shall be No. 4 copper or No. 2 aluminum from the point of the service
entrance to main circuit breaker panel.
(f) Excese, loads determination of t •c of conductors. When load requirements
arc gr atcr than the carrying capacity of No. 2 wire, then the service conductors shall be
determined according to the National Code.
(g) Installations requiring more than six circuits. In all installations where more
circuit breaker, must bc installed for ach set of service entrance conductors.
(h) Gas piping. Gas piping shall not bc used for an electrical ground nor shall
electrical circuits utilize gas piping, casing of controls, panels or other metal parts in lieu
of wiring. This provision shall not apply to low voltage control and ignition circuits and to
Ord. No. 11 -3541
Chapter 10- Electricity
Page 26 of 32
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No. 93 -2950, 2 -9 -93)
Sec. 10 -137.
Reserved.
unit, a minimum of No. 6 wire will bc required, with thc proper size fuses or br aker typo
1
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ee
shall bc considered as two separate appliances and wired and fused separately
according to load requirements. All rangc and drycr installations must have equipment
No. 10 wire will bc thc minimum allowed in such installations. S.E. Cable will be
protected from mechanical injury when outside in residential range or drycr installations
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(b) Clothes dryers. A minimum of No. 10 AWG wire will be accepted for clothe:
dryers where thc load capacity is known to bc thirty amperes or Ic "s. (Ord. No. 88 27 /17,
2, 4 -12 88)
(c) Use of circuit limited. No other appliances may bc used on rangc or drycr
E+rcu
(Ord. No. 75 -1835, 6.17, 7 -8 -75; Ord. No. 84- 2550, 6.17, 5 -8 -84)
Sec. 10 -138. Temporary installations.
(a) Purposes. The Electrical Inspector is hereby authorized to issue special
temporary permits for the use of knob and tube MC, non metallic cable, or armored
cable, for temporary installations in areas where metal raceways are required.
(b) Exact location and duration. Such permits shall statsstate the exact location
and duration thereof. The length of time for a temporary permit shall be determined by
the Electrical Inspector.
(c) Use discontinued on expiration. Upon the expiration of a temporary permit,
the holder thereof shall immediately discontinue the use of the temporary installation. All
temporary wiring installed must be removed.
(Ord. No. 75 -1835, 6.19, 7 -8 -75; Ord. No. 84 -2550, 6.19, 5 -8 -84)
Sec. 10 -140. Raceways.
(a) Steel tubing, E.M.T. or thin wall conduit. Steel tubing, E.M.T. or thin wall
conduit will be approved, when National Electrical Code approved watertight fittings are
used, for burial in concrete or masonry, but will not be approved for burial in earth fill,
such as laid beneath slabs in dirt, caliche, etc.
(b) Direct burial cables. When cable (approved for such installations) are buried
in dirt or earth fills, they shall be buried at a minimum depth from the finished surface of
at least twenty -four (24) inches. (For other installations see Article 300 5 NEC (1987)
Table 300.5 2008 NEC.)
(c) Rigid non metallic conduit. Gray Schedule 40 PVC may be used as an
underground conduit when buried in the earth at a minimum depth of eighteen (18)
inches measured from the top of the conduit. (1987 NEC 300 5 Table 300.5 2008 NEC)
Schedule 80 PVC may be used to penetrate a concrete slab or footing. A separate
continuous grounding conductor shall be provided when using a non metallic raceway
Ord. No. 11 -3541
Chapter 10- Electricity Page 27 of 32
499
500
as provided in this section. PVC shall not be used as a general use raceway in open
air.
(Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84; Ord. No. 88 -2747, 4- 12 -88)
Sec. 10 -143. Recessed fixtures.
Recessed lighting fixtures for incandescent lamps not equipped with attached
splice boxes must be connected to a pull box set especially for such fixture with
asbestos covered or other approved wire to withstand up to one hundred and fifty (150)
degrees centigrade. Outlet boxers to be set at least twelve (12) inches from fixture and
connection to fixture with flexible metal conduit st must be at least four (4) feet in length
and not exceeding six (6) feet. (Ord. No. 75 -1835, 7 -8 -75; Ord. No. 84 -2550, 5 -8 -84)
Sec. 10 154. Penalties.
ARTICLE VII.
OFFENSES AND PENALTIES
Sec. 10 -151. Unlawful to do electrical work unless licensed.
(a) It shall be unlawful for any person to do, or undertake to do, any electrical
work within the corporate limits of the City unless licensed under the provisions of this
Chapter, except where such person is expressly exempted from the licensing provisions
of this Chapter.
(b) It shall be unlawful for any person to cancel or solicit the cancellation of any
citation in any manner other than as provided by law.
(Ord. No. 84 -2550, 7.1, 5 -8 -84)
to exceed One Thousand Dollars ($1,000.00); and ach day during which such violation
continucs shall constitute a separate and distinct offense. In any cac
any of the terms or provisions of this chapter by any corporation, the officers and agents
herein provided. Any offense defined herein which has been defined by the law of the
penalty contrary to a penalty provided by thc laws of thc State of Tcxas. (Ord. No.
7-5-1-8,35§-774 Ord. No. 84 -2550, 7.4, 5 8 84; Ord. No. 84 2575, 12 18 84;
Ord. No. 90 2832, 2, 8 12 -90)
Sec. 10 -154. Violations.
(a) Penalty. Any person or persons who installs or causes to be installed,
maintains or causes to be maintained, electric wiring, devices, or equipment used in
connection with the installation of and /or maintenance of electric wiring, devices, and
equipment in violation of the provisions of this Chapter, or who fails to do any act
required hereby shall be deemed guilty of a misdemeanor, and upon conviction thereof,
Ord. No. 11 -3541
Chapter 10- Electricity Page 28 of 32
shall be punished as provided in Section 1 -5, Chapter 1 of the City of Plainview Code of
Ordinances. Each and every day of continuance thereof shall constitute a distinct and
separate offense.
(b) Liability of corporations, associations, officers, and agents. Violation of
any terms or provisions of this Chapter by any corporation or association shall subject
officers and agents of such corporation or association to the penalty provided in this
Section.
(c) Criminal Charges. The Building Official, Electrical Inspector, or their
designated representative is empowered to cause criminal charges to be filed in a
court of competent jurisdiction consistent with the enforcement of this Chapter.
Sec. 10 -161. Definitions. Procedures
Magistrate shall man those individuals specified in article 2.09 of the Texas
Code of Criminal Procedure, except the mayor of thc City of Plainview.
See Chapter 2, Article X in the City of Plainview Code of Ordinances.
(Ord. No. 84 -2550, 5 -8 -84; Ord. No. 10 -3528, 9 -14 -2010)
Sec. 10 162. Days allowed for warrant to run.
s arch warrant the date and hour of the issuance of the sane. {Ord. No. 84 -2550, 8.2,
5 -8 -84)
Sec. 10 163. Power of electrical inspector executing warrant.
same. (Ord. No. 84 2550, 8.3, 5 -8 -84)
ARTICLE VIII.
SEARCH WARRANT
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The execution of a s arch warrant issued pursuant to this chapter shall not
include any authority to make arrests or to seize tangible goods of a violation. (Ord. No.
8/1 2550, 8.1, 5 8 84)
Sec. 10 -165. How return is made.
Upon returning the s arch warrant, the electrical inspector shall state on thc back
inspection. (Ord. No. 84 -2550, 8.5, 5 8 -84)
Sec. 10 166. Records to be kept.
Ord. No. 11 -3541
Chapter 10- Electricity Page 29 of 32
The magistrate shall keep a record of all proceedings had before him in thc
oases of search warrants as a part of thc official records of high court. (Ord. No.
84 2550, 8.6, 5 8 84)
Sec. 10 -167. Conflicts.
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and shall bc in addition to any rights granted thereby. (Ord. No. 84 -2550, 8.7, 5 8 -84)
Scc 10 168. Violations, penalty.
punishable by a fine not to exceed thc provisions o
such hereunder:
(a) The age and general condition of thc premises;
(b) Previous violations or hazards found present in the premises;
(c) Thc type of premises;
section 1 5 of this Code. Any
(c) Thc presence of hazards or violations in thc general condition of
premises near the premises sought to bc inspected.
(Ord. No. 84 2550, 8.8, 5 8 84)
Sec. 10 -169. Affidavit required.
A sworn affidavit setting forth substantial facts toward establishing probable
cause shall be filed in every instance in which a s arch warrant is requested.
{Ord. No. 84 -1550, 8.9, 5 -8 -84)
Scc. 10 170. Warrant formalities.
A c arch warrant issued pursuant to this chapter shall bc sufficient if it contains
That it r i the name of "The State of Texas
(c) That it command an inspector to inspect forthwith the premises
described; and
(d) That it bc dated and signed by the magistrate.
(Ord. No. 84 -2550, 8.10, 5 -8 -84)
Sec. 10 -171. Execution of warrants.
forthwith return it to the magfctrateAt must be executed within three (3) days from the
time of its issuance and shall bc executed within a shorter period if so directed in thc
warrant by the magistrate. Thc inspector shall, upon going to thc place ordered to bc
inspected, give notice of his purpose to thc person who has charge of or is an occupant
of thc place described in thc warrant. If such persons cannot bc found, upon execution
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Ord. No. 11 -3541
Chapter 10- Electricity
Page 30 of 32
building or premises inspected. In every instance, entry shall be effected using the
minimum force nececcary according to the circumstances. (Ord. No. 84 2550, 5 8 84)
Secs. 10 -172 162 to 10 -180. Reserved.
ARTICLE IX.
EFFECTIVE DATE.
Sec. 10 -181. Present licenses and bonds to continue in effect.
All licenses, bonds and permits lawfully held at the time this Chapter goes into
effect shall continue until their date of expiration as if they had been secured under the
terms of this Chapter. Such shall be governed by the terms of this Chapter from and
after the date it becomes effective. (Ord. No. 84 -2550, 9.1, 5 -8 -84)
SECTION II
All ordinances or parts of ordinances inconsistent with any provisions of this
Ordinance are hereby repealed to the extent of such conflict, and the provisions of this
Ordinance shall be and remain controlling as to the matters regulated herein.
SECTION III
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A
constitutional construction hereof is intended and shall be given. There is not intent
herein to violate either of the Texas Constitution or the Constitution of the United States.
SECTION IV
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating, or governing the subject matter herein.
SECTION V
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
SECTION VI
This Ordinance shall be of full force and effect upon its passage and publication as
required by law.
Ord. No. 11 -3541
Chapter 10- Electricity Page 31 of 32
PASSED AND APPROVED on first reading this 11 day of January, 2011.
PASSED AND APPROVED on second reading this 20 day of January, 2011.
fJ ohn C. Andersen, Mayor
ATTEST:
Belinda Hinojosa, City S- tary
APPROVED AS TO CONTENT:
Delwin Derrick, Chief Building Official
APPROVED AS TO FORM:
Leslie pear Pearce, City Attorney
Ord. No. 11 -3541
Chapter 10- Electricity Page 32 of 32