Except as hereinafter provided by specific changes, the latest
Edition of National Electrical Code, 2014 Edition, National Fire Protection
Publication Number 70, as adopted in whole or amended in part from
time to time by the State Electrical Board, is hereby adopted. One
printed copy of this document is filed in the office of the Building
Inspector and City Clerk's office of the City of Seward for use
of and examination by the public. (Neb. RS 18, 132, 19, 922)
This article shall be known as the "Seward Electrical Code"
and may be cited as such and will be referred to herein as "this code."
The word "shall" as used in this article indicates a mandatory rule.
The Building Inspector, or an authorized representative of the
Building Inspector, is hereby authorized and directed to enforce the
provisions of this code.
A.
The Building Inspector shall examine or cause to be examined any
electrical equipment within or on any building or premises reported
to be defective or in improper operating condition. If such equipment
is found to be defective or in improper operating condition so as
to constitute a danger to persons or property, the Building Inspector
shall give to the owner of such building or premises written notice
stating the deficiencies found to exist. This notice may require the
owner or person having charge or control of such building or premises,
within 48 hours, to commence work to correct such deficiencies, and
all such work shall be completed within 10 days from the date of notice,
unless otherwise stipulated by the Building Inspector. Note: As used
in this article, "constitute a danger to persons or property" shall
mean that, in the opinion of the Building Inspector or authorized
representative of the Building Inspector, there are code violations
or wiring deficiencies which comprise a fire hazard or shock hazard.
B.
Proper service of such notice shall be by personal service upon the owner of record or by certified mail, postage prepaid, return receipt requested, to said owner's last known address. The designated period within which said owner or person having charge or control is required to comply with the order of the Building Inspector shall begin as of the date said owner receives such notice. In cases where the owner cannot be reached or refuses to reply after the provisions of Subsection B have been implemented, the provisions of Subsection C shall take precedence.
C.
The Building Inspector or an authorized representative is hereby
vested with the authority to order the discontinuance of electrical
service to any building or premises where such deficiencies in electrical
equipment have not been corrected within the time specified by such
notice. In the case of emergency, the Building Inspector or any authorized
representative is hereby vested with the authority to immediately
order the discontinuance of electrical service to any building or
premises where the same is necessary for the protection of persons
or property. Existing installation shall not be deemed a deficiency,
provided the wiring when originally completed was installed in accordance
with the provisions of the electrical code then in force and has been
maintained in that condition.
D.
Electrical installation: temporary use of current.
(1)
The Building Inspector may permit, at his discretion, the temporary
use of electrical wiring before final approval thereof, whenever any
unnecessary hardship would otherwise result, and inspection can effectively
be made after the commencement of the temporary use. A meter, when
installed in the regular meter socket, if left unsealed, shall be
considered as temporary use of electrical energy under this provision.
(2)
The Building Inspector shall place those restrictions upon temporary
use as necessary to ensure safety, to secure compliance with all other
provisions of this article, and to facilitate inspection.
(3)
No temporary use of electrical energy shall be permitted in
any case where a hazard to life or property would be created.
(4)
The temporary use of electrical energy may be ordered discontinued
and the supply discontinued upon notice to the user.
A.
Whenever necessary to make an inspection to enforce any of the provisions
of or perform any duty imposed by this code, or whenever the Building
Inspector or an authorized representative of the Building Inspector
has reasonable cause to believe there exists within or on any building
or premises dangerous, hazardous, or unsafe conditions for any reason
specified in this code, or that work is being done without a permit
or work is being done by an unlicensed person or persons, then the
Building Inspector or authorized representative is hereby authorized
to enter within or on such building or premises at any reasonable
time to inspect the same and perform any duty imposed upon the Building
Inspector by this code; provided that 1) if such building or premises
are occupied, the Building Inspector or an authorized representative
shall first present proper credentials to the occupant and request
entry, explaining the reasons therefor, and 2) if such building or
premises are unoccupied, the Building Inspector or an authorized representative
shall first make a reasonable effort to locate the owner or other
person having charge or control of such building or premises and request
entry, explaining the reasons therefor. If such entry is refused or
cannot be obtained because the owner or other person having charge
or control of such building or premises cannot be found after due
diligence, the Building Inspector or authorized representative of
the Building Inspector shall have recourse to every remedy provided
by law to secure lawful entry and inspect such building or premises.
B.
"Authorized representative" shall mean Department of Building Inspector
personnel possessing the requisite knowledge to perform the duties
and discharge the responsibilities of an Electrical Inspector.
The Building Inspector or an authorized representative charged
with enforcement of this code, when acting in good faith and without
malice, is hereby relieved from all personal liability for any damage
that may accrue to any person or property as a result of any act required
by this code, or by reason of any act or omission of the Building
Inspector or an authorized representative in the discharge of the
duties hereunder. Any suit brought against the Building Inspector
or authorized representative, because of any such act or omission
in the enforcement of this code, shall be defended by the City Law
Department until final determination of such proceedings.
A.
Any person, firm or corporation who or which bypasses the electric
meter shall be deemed in violation of this code. Proper metering and
overcurrent protection shall be installed immediately or the service
entrance conductors shall be disconnected.
A.
It shall be unlawful for any person, firm or corporation upon whom
or which a duty is placed by the provisions of this code to fail or
to neglect to comply with the provisions of this code.
B.
Any person upon whom a duty is placed by the provisions of this article
who shall fail, neglect or refuse to perform such duty or who shall
violate any of the provisions of this article shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished by
imprisonment in the County Jail for a period not to exceed six months,
or by a fine not to exceed $500, recoverable with costs, or both.
Each day a violation of any provision of this code continues to exist
shall constitute a separate offense.
A.
Creation.
(1)
There is hereby created an Electrical Advisory and Appeals Board
which shall consist of four members and shall be referred to herein
as the "Electrical Board. "Membership on the Electrical Board shall
consist of the following:
(2)
The members of said Board shall be appointed by the Mayor and
approved by the Council for a term of two years. Should any member
be sooner removed from office, or resign, or a vacancy occur, a new
member to fill such vacancy shall be appointed by the Mayor and Council
for the unexpired term. The Building Inspector shall be Secretary
of the Board and shall keep a record of all meetings.
B.
Authority and duties. The Electrical Board shall:
(1)
Advise the Mayor regarding the determination of the suitability
of alternate materials and methods of installation, and the reasonable
interpretations of the provisions of this code. The Board shall make
recommendations to the Mayor at the Mayor's request. The Board
shall adopt reasonable rules and regulations for conducting its investigations
and shall render all recommendations in writing to the Mayor.
(2)
Have power and authority to adopt necessary rules and regulations
consistent with the provisions of this code for the applicants for
registration and suspension or revocation of registration as provided
in this code. Any such rules and regulations or amendments thereto
shall be approved by the Mayor. The Electrical Board shall determine
the minimum qualifications for applicants for registrations as part
of the rules and regulations.
(3)
Have power and authority to hear and determine appeals by any
person who is aggrieved by a decision, notice, or order of the Building
Inspector under this code.
(4)
Hold an annual meeting on the fourth Wednesday in April of each
year, at which meeting a Chairperson shall be elected for the ensuing
year.
(5)
Hold special meetings upon the call of the Chairperson, or upon
written receipt signed by two of its members and filed with the Secretary.
C.
Appeals from decision, notice or order of Building Inspector.
(1)
Any person who is aggrieved by a decision, notice, or order
of the Building Inspector under this code may appeal such decision
to the Electrical Board by filing such appeal within 30 days from
the date of such decision. Upon request, the Building Inspector shall
furnish such aggrieved person with an appeal form, which, upon completion
and filing within the prescribed time and payment of the prescribed
fee, shall be sufficient for the purpose of commencing an appeal proceeding
hereunder.
(2)
Fees. Fees for review of a decision of the Building Inspector
interpreting a provision or provisions of this code and for review
of a decision of the Building Inspector concerning the suitability
of alternate materials or types of installation shall be set from
time to time by the City Council.[1]
(3)
The Building Inspector shall refer all properly and timely filed
appeals to the Electrical Board for hearing. The Secretary of said
Board shall in each appeal notify the appellant in writing of the
date, time, and place of hearing before the Board, which date shall
be no later than 30 days from the filing of the appeal. Such notice
shall be served upon the appellant by personal service or registered
mail.
(4)
Hearing on appeal need not be conducted according to technical
rules relating to evidence and witnesses. Oral evidence shall be taken
only on oath or affirmation. Any relevant evidence shall be admitted
if it is the type of evidence upon 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 may make improper the admission
of such evidence over objection in civil actions in courts of competent
jurisdiction in this state. Irrelevant and unduly repetitious evidence
shall be excluded. The appellant, the Board members, the Building
Inspector, and any other party to any appeal hereunder shall have
these rights, among others:
(5)
The Electrical Board shall then, within 15 days' time after
the hearing, render a written decision which shall state its findings
and conclusions. Decisions of the Electrical Board may be appealed
as provided by law.
(6)
Enforcement of any decision, notice, or order of the Building
Inspector issued under this code shall be stayed during the pendency
of any appeal therefrom which is properly and timely filed, except
in cases of emergency, where enforcement of the same is necessary
for the protection of persons or property.
A.
The provisions of this code shall apply within the corporate limits
of the City of Seward and within two miles thereof according to the
following classes:
(1)
All electric conductors and equipment installed within or on
public and private buildings, and other premises including yards,
carnival and parking lots, and industrial substations.
(2)
All conductors that connect electrical installations to a supply
of electricity, and other outside conductors adjacent to a premises.
(3)
All modular manufactured (mobile) homes and travel trailers.
Exception: the installation during original construction.
(4)
All privately owned street or parking lot lighting.
(5)
Alternate energy sources.
(6)
Legally required fire alarms and emergency systems, regardless
of operating voltage.
(7)
Floating buildings.
B.
The provisions of this code shall not apply to the following:
(1)
Installation in ships, watercraft, railway rolling stock, aircraft,
or automotive vehicles.
(2)
Installations underground in mines.
(3)
Installations of railways for generation, transformation, transmission,
or distribution of power used exclusively for operation of rolling
stock, or installations used exclusively for signaling and communication
purposes.
(4)
Installations of communication equipment under exclusive control
of communication utilities, located outdoors or in building spaces
used exclusively for such installations. Exception: The requirements
of the 2014 National Electric Code shall apply to such wiring.[1]
(5)
Installations under the exclusive control of electric utilities
for the purpose of communication, or metering, or for the generation,
control, transformation, transmission, and distribution of electric
energy located in buildings and used exclusively by utilities for
such purposes or located outdoors on property owned or leased by the
utility, or on public highways, streets, roads, or other public ways,
or outdoors established rights on private or public property.
(6)
Electrical apparatus used for radio transmission in amateur
transmitting stations; however, the provisions of this code shall
apply to all electrical equipment used for power supply to such radio
transmitting apparatus.
A.
No person, firm or corporation other than a registered master electrician, journeyman, or apprentice of an electrical contracting company, registered maintenance electricians or homeowners under certain conditions set forth in § 225-10.13 shall install, alter or add to any electrical equipment, and no such installation, alteration or addition shall be made without first obtaining a permit therefor from the Building Inspector. Permits may be issued only to registered master electricians, registered maintenance electricians, and homeowners in accordance with § 225-10.13 or general contractors listing the name of their registered subcontractors.
B.
No permit, license or registration shall be required to execute any
of the classes of electrical work as follows:
(1)
Minor repair work such as, but not limiting the generality of
the term to, repairing flush and snap switches, replacing fuses, changing
lamp sockets and receptacles, taping joints, repairing drop cords,
and repairing appliances, motors and other devices when not attached
to permanent wiring; the wiring which is an integral part of machinery,
appliances, or vehicles; experimental work of a temporary nature in
testing laboratories of electrical shops, educational institutions
and the like; wiring supplied with current by approved bell-ringing
transformers; and the attaching of portable appliances to existing
outlets.
(2)
The installation, alteration or repair of electrical equipment
for the operation of signals or the transmission of intelligence by
wire. Exception: The requirements of the 2014 National Electric Code
shall apply to such wiring.[1]
(3)
The installation, alteration or repair of electrical equipment
installed by or for an electricity supply agency for the use of such
agency in the generation, transmission, distribution, or metering
of electricity.
(4)
Installation, alteration or repair made to electrical equipment, where such equipment operates at a voltage not exceeding 50 volts, except emergency alarm systems and other installations specifically referred to in this code. Regardless of operating voltage, all conductors of any system shall comply with the requirements of the 2014 National Electric Code. This shall not be construed as preemption of National Electric Code requirements for low-voltage systems such as those found in NEC Articles 411, 480 and Chapters 5, 6, 7 and 8.[2]
(5)
Repairs made by and within the authority granted to the holders
of maintenance registrations as provided in this code.
(6)
Any work involved in the manufacture, test, or repair of electrical
materials, devices, appliances or apparatus, but not including any
permanent wiring other than that required for testing purposes.
(7)
Repair or replacement of motors on fixed, approved appliances
of the same type and rating in the same location.
(8)
The adjustment, repair or maintenance of appliances designed
to consume natural or artificial gas, fuel oils or coal; provided
this exception shall not permit the replacement of an existing motor
with one of a different rating. The exceptions enumerated in this
subsection above shall not be construed to exempt any person, firm
or corporation from compliance with the standards prescribed by this
code for the installation of electrical equipment, or from inspection
as provided herein.
A.
Applications for permits to install, alter or add to electrical equipment
shall be on forms furnished for that purpose by the Building Inspector
and shall contain all information necessary to the lawful enforcement
of the provisions of this code. Each application shall be accompanied
by such plans and specifications as are required to determine that
the work proposed conforms to the requirements of this code. The approval
of any plans and specifications shall not be construed to sanction
any violation of this code.
B.
When the Building Inspector determines that the information on an
application is in conformance with this code, the Building Inspector
shall issue a permit upon receipt of the permit fees hereinafter prescribed.
No permittee shall deviate materially from any approved plans or specifications
or fail, neglect, or refuse to comply therewith, unless permission
to do so has been obtained from the Building Inspector or an authorized
representative.
C.
The issuance of a permit based upon plans and specifications shall
not prevent the Building Inspector from hereafter requiring the correction
of errors in said plans and specifications or preventing the initiation
or continuance of work thereunder when in violation of this code or
any other ordinance.
A.
Citizens may install electrical wiring only in a single-family residence
which they own and occupy or will occupy as their home. All electrical
wiring installed by homeowners shall be for themselves, without compensation
or pay from or to any other person for such labor or installation.
Such installation by a homeowner shall comply with the requirements
of this code, and the homeowner in exercising this privilege shall
not constitute or be considered as an electrical contractor. The homeowner
shall be required to file plans, demonstrate knowledge of code requirements,
apply for and secure a permit, pay the required permit fees, and call
for all inspections in the manner provided by this code. Homeowner
permits shall be valid for 18 months from date of issuance.
B.
The Building and Inspection Department may deny the issuance of electrical
permits to homeowners if any one of the following items is questionable:[1]
(1)
There is reason to believe the proposed electrical work will
be done by someone other than the owner;
(2)
There is reason to believe the property is or will be sold on
the completion of the electrical work;
(3)
Previous homeowner electrical permits have not been completed
in compliance with this code;
(4)
The owner is temporarily residing in the home.
C.
If the homeowner is found to have at any time violated or falsified
any of the above items, the homeowner shall immediately cease all
electrical work, forfeit the homeowner's permit, and obtain a
registered electrical contractor to complete the electrical work in
compliance with the code.
D.
Appointments for required inspections shall not be made, with the
exception that inspection requests may be scheduled for a given day.
The inspection shall be performed on the day requested by the homeowner.
The homeowner, if unable to be present during the normal working hours
of a day, shall be required to supply a key or other means of access
for the inspection to be performed. Homeowners may be granted one
reinspection per permit without a reinspection fee charge. Further
reinspection will require payment of the reinspection fee provided
for in the electrical permit fee schedule.
A.
Conducted by Building Inspector. The Building Inspector or an authorized
representative is hereby authorized to make such inspections and take
such action provided by law as may be necessary to enforce the provisions
of this code.
B.
Required. The installation, alteration of or addition to any electrical
equipment for which a permit is required shall be subject to inspections
by the Building Inspector or an authorized representative.
C.
Request for. Inspections of the installation, alteration, repair
or addition to electrical equipment under the provisions of this code
shall be requested by the person, firm, corporation or authorized
representative holding the permit for such work. The Building Inspector
may require that every request for inspection be filed at least one
working day before the inspection is desired. Such request may be
in writing or by telephone, at the option of the Building Inspector.
It shall be the duty of the person requesting inspection of electrical
equipment to provide access to and a means for proper inspection of
such equipment. The person requesting final inspection shall determine
that the electrical equipment is operational before requesting such
final inspection.
D.
Procedures.
(1)
No portion of any electrical equipment intended to be concealed
by any permanent portion of a building shall be concealed until inspected
and approved by the Building Inspector. When the installation, alteration
or addition to any electrical equipment is complete, a final inspection
shall be made. Failure of the contractor to schedule and request such
final inspection shall be reason for withholding the issuance of further
permits.
(2)
When the Building Inspector finds an installation to not be
in compliance with this code, the Inspector shall issue a correction
order. The correction order shall be issued to the person, firm or
corporation holding the permit for the work. The order shall specify
a date, not less than seven days nor more than 15 calendar days from
the date of this order, when a final inspection shall be made. If
at the time of final inspection the installation has not been brought
into compliance, a disconnection order may be issued by the Building
Inspector.
(3)
The requirements of this section shall not be considered to
prohibit the temporary use of electrical energy for electric wiring,
before final approval thereof, when so authorized by the Building
Inspector and with such restrictions upon such temporary use as may
be necessary to ensure safety, secure compliance with all other provisions
of this code, and facilitate inspection.
(a)
A meter installed in the regular meter socket and left unsealed shall
be considered a temporary use of electrical energy under this section.
(b)
The temporary use of electrical energy may be ordered discontinued
and the supply disconnected upon notice to the user by the Building
Inspector. No temporary use of electrical energy shall be permitted
in any case where a hazard to persons or property would be created.
(4)
A final inspection certificate of approval may, upon notice,
be revoked by the Building Inspector if it is found that the electrical
equipment fails in any respect to comply with the requirements of
this code, or that the installation is unsafe to persons or property.
Corrections not made and approved by the Building Inspector in the
allotted time shall be grounds for withholding further permits until
correction are made and approved by the Building Inspector.
A.
General
requirements.
(1)
Application for registration as a master electrician, journeyman
electrician, or electrician's apprentice shall be made to the
Building Inspector on a form furnished by the Building Inspector for
such purpose. Such form shall require the name and address of the
applicant, and such other relevant information as may be required
by the Building Inspector.
(2)
No person, firm or corporation shall install, alter, or add to any electrical equipment, except such installations as are described in § 225-10.13, within the corporate limits of the City of Seward and two miles thereof without first being registered to do so as hereinafter provided. Work done by employees of and for the holders of maintenance registrations pursuant to and within the scope of work permitted by such registration shall be deemed to be in compliance with this section.
(3)
Persons holding a State of Nebraska Class A electrical contractor
license, Class A master electrician license, Class A journeyman electrician
license, or state apprentice license shall register their state license
and submit the insurance certificate herein required annually with
the Building Inspector before performing any electrical work covered
by this code. No electrical permits shall be issued to any state license
holder until such registration and insurance certificates are approved.
A registration fee shall accompany all applications for registration.
State electrical licenses, except those four mentioned above, will
not be recognized by the City of Seward as being in compliance with
this code.
(4)
Automatic registration. Any master electrician State Class A
license holder, journeyman electrician, or electrician's apprentice
duly registered at the time of the adoption of this code shall be
automatically registered in the same classification under the provisions
of this code.
(5)
A valid registration or license of one or more of the classifications
listed above shall be carried at all times while work is being executed.
Any person checked and found to not be in possession of such license
shall immediately cease work and obtain said license prior to engaging
in further electrical installation.
B.
Registration
fees. Each applicant for a new registration shall pay fees as set
from time to time by the City Council. Upon initial issuance or subsequent
annual renewal of a City registration certificate, a registration
fee shall be paid for the following:[1]
C.
Classification
of City registrations. There shall be three classes of registration
as follows:
(1)
Master electrician. "Master electricians" are hereby defined
as those persons holding a valid State of Nebraska Class A electrical
contractors or Class A master electrician license.
(2)
Journeyman electrician. "Journeyman electrician" is hereby defined
as those persons holding a valid State of Nebraska Class A journeyman
license.
(3)
Electrician's apprentice. "Electrician's apprentice" is
hereby defined as those persons holding a valid State of Nebraska
apprentice license.
D.
Term
of registration. All registrations provided by this code shall expire
on December 31 of each year.
E.
Registration
to be used only by holder. No registered electrician of any class
herein provided shall allow his or her name to be used by another
person, firm, or corporation, directly or indirectly, either to obtain
a permit or to install, alter, or add to any electrical equipment.
F.
Suspension
or revocation of registration.
(1)
The Electrical Board, upon the recommendation of the Building
Inspector and after conducting a hearing as herein provided, shall
have the power to suspend or revoke any registration of any class
of registered electrician hereunder if the same was obtained by error
or fraud, or if the holder thereof is shown to be no longer qualified,
or if such holder fails to comply with the provisions of this code.
(2)
Where the Building Inspector has recommended suspension or revocation
of a registered electrician's certificate of registration, the
Building Inspector shall cause written notice to be served upon the
registered electrician whose registration has been recommended for
suspension or revocation, setting forth the time and place for a public
hearing thereon. Such written notice shall be served by certified
mail or registered mail to the registrant's last known business
address. At such hearing, the Electrical Board shall hear all parties
concerned and afford them the following rights, among others:
(3)
The Electrical Board shall then within a reasonable time after
the hearing render a written decision, setting forth its findings
and conclusions. If a certificate is revoked, the holder of the same
shall not apply for a new registration until one year after the date
of such revocation. Decisions of the Electrical Board are final unless
appealed as provided by law.
Before any master electrician as defined herein may be issued
a permit to install, alter, or repair alarms, the master electrician
shall deposit with the Building Inspector a certificate of liability
insurance coverage, which insurance coverage shall be subject to the
approval of the City Attorney, providing liability insurance coverage
for all claims arising out of all work within the jurisdiction of
the City of Seward done by or under such master electrician's
or fire alarm installer's supervision under the provisions of
the Seward Municipal Code. Such insurance shall be in the minimum
amounts of $100,000 for the injury or death of any one person, $300,000
for the injury or death of any number of persons, and $100,000 for
property damage arising out of any one accident or occurrence on any
job for which a permit is required under this code; and both such
master electrician and the City of Seward shall be named insured thereunder.
Separate certificates of insurance showing the master electrician
to be covered under one policy and the City to be covered under another
policy may be deposited in lieu of a single certificate at the option
of the master electrician. All certificates of insurance shall provide
that in the event of expiration or cancellation of any said minimum
insurance requirements, the Building Inspector of the City of Seward,
Nebraska shall be given at least 30 days' advance written notice thereof.
Expiration or cancellation of any insurance coverage required by this
section shall constitute an automatic and immediate termination of
the master electrician's privilege to be issued permits under
the provisions of this code, unless other insurance meeting the requirements
of this section is provided and in force and effect at the time of
such expiration or cancellation.
The electrical contractor shall become familiar with the requirements
of other codes (such as the Building Code, Mechanical Code, Fire Code,
and their adoptive ordinances) enforced in this jurisdiction, the
provisions of which apply to electrical installations. Power for fire
pumps shall be supplied in accordance with NFPA 20.
ADVISORY NOTES: Smoke alarm installation: See current edition of adopted Building Code (see Article VI of this chapter).
A.
Before a permit to install, alter, or add to electrical equipment
shall be issued, a fee for such permit shall be paid to the Building
Inspector as set forth below. Said permit shall be valid for a period
of six months from the date of issuance.[1]
B.
Where work for which a permit is required by this code is started
prior to obtaining a permit, the fees hereinafter specified shall
be doubled; however, the payment of such double fees shall not relieve
any person, firm or corporation from fully complying with requirements
of this code.
C.
There shall be no refunds or credits given on unused permits which
have expired. Permit holders returning an unused permit prior to the
expiration date of the permit shall be limited to a maximum refund
amounting to 2/3 of the original fee, with the remaining 1/3 to be
used to pay in part the cost of processing the permit.
