[Ord. No. 2017-1241 § 1, 8-21-2017]
The Council adopts the 2017 Edition of the National Electrical
Code, including Appendix H (Article 80), one (1) copy of which has
been on file with the Town Clerk for a period of ninety (90) days
prior to the adoption of this Article (as amended), by reference as
if fully set forth in its entirety. At least one (1) copy of the 2017
Edition of the National Electrical Code shall remain on file in the
office of the Town Clerk and shall be kept available for public use,
inspection, and examination.
[Ord. No. 2017-1241 § 2, 8-21-2017]
A. The code adopted by this Article is hereby amended by substituting
the following sections in lieu of those sections with corresponding
numbers in the code, or, where there is no corresponding section in
the code, the following sections shall be enacted as additions to
the code:
1.
Amendments to Article 80.
a.
Article 80.2 is amended to read as follows:
Article 80.2 Electric Inspector. An individual
authorized to perform electrical inspections for the Town.
b.
In Article 80.13(13), insert "10."
c.
In Article 80.15, delete (A) through (F).
d.
Revise Article 80.15(G) as follows:
(G) Appeal. The applicant for an electrical permit, the holder
of an electrical permit, or the owner or agent of a building or structure
wherein electrical work is to be installed may appeal a decision of
the authority having jurisdiction refusing to grant modification of
the provisions of the Electrical Code covering the manner of installation,
or materials to be used in the installation, to the Board of Adjustment.
Application for appeal shall be filed in accordance with the procedures
set out in Section 113 of the Building Code of Carrollton, Missouri.
e.
In Article 80.19 (F)(3), insert "10."
f.
Replace Article 80.23 (B)(3) with:
80.23(B)(3) Penalties. Any person who shall violate
a provision of this code or shall fail to comply with any of the requirements
thereof, shall upon conviction thereof, shall be punished as set forth
in the Article adopting this code. Each day that a violation continues
shall be deemed a separate offense. The Town is not required to prove
criminal intent as a part of its case. It is enough to prove that
the defendant either did the act which was prohibited or failed to
do an act which the defendant was legally required to do.
g.
In Article 80.25(C), insert "10."
h.
Delete Article 80.27 and replace with:
Article 80.27 Licensing.
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Article 80.27.1 Certificate of competency. It shall
be unlawful for any person to engage in the installation, alteration
or repair of electrical wiring, equipment, apparatus or fixtures for
light, heat or power purposes; installation or additions to sound,
audio visual or communication equipment in or on any building, structure,
or premises within the corporate limits of the Town of Carrollton,
Missouri, unless issued a certificate of competency by the Town or
by a municipality or county in the State of Missouri.
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Exception No. 1. This shall not be construed to cover cases
where the connected electrical load is not increased or where no new
electrical wiring is required.
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Exception No. 2. All electrical permits may be issued to the
general contractor on behalf of the master electrical contractor for
new one- and two-family dwellings and building alteration or building
additions for one- and two-family dwellings. All electrical work must
be performed by an electrician licensed by the Town of Carrollton,
or as allowed by ordinance.
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Exception No. 3. Electricians holding a certificate who are
regular employees of the firm or corporation for which the work is
to be performed may obtain a permit to do electrical work on the premises
of the firm or corporation, provided the work is not associated with
work requiring a building permit.
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Exception No. 4. A permit may be issued to any person to do
work in a single-family dwelling used exclusively for living purposes,
including the usual accessory buildings and quarters in connection
with such building, provided that the person is a bona fide owner
of the dwelling, will occupy the dwelling for a period of not less
than one (1) year, will personally purchase all materials and perform
all labor authorized by the permit, and that the applicant shall file
an affidavit certifying that these conditions will be met before the
issuance of the permit.
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Work performed under any permit shall be subject to all applicable
regulatory provisions of this code.
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Article 80.27.2 Type of examination required. The
type of examination required will be determined by the codes official
and will be selected from the standard examination list as prepared
and published by Thomson Prometric, 1260 Energy Lane, St. Paul, MN
55108, or the ICC National Standardized Examinations Program, www.iccsafe.org/contractor
(1-877-STD-Exam), or any state issued and approved exam.
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Article 80.27.3 Reciprocity. The Town will honor
licenses issued from other jurisdictional areas, provided the certification
of having satisfactorily completed the Thomson Prometric or ICC examination
applicable for the type of license requested.
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Article 80.27.4 Insurance requirements. It shall
be unlawful for any person holding a certificate to engage in work
authorized by such certificate in the corporate limits of the Town
without first having filed with the Town a certificate of comprehensive
liability insurance with a minimum of one hundred thousand dollars
($100,000.00) per claim bodily injury, one hundred thousand dollars
($100,000.00) per claim property damage, with three hundred thousand
dollars ($300,000.00) aggregate per occurrence. Such insurance shall
insure the proper construction, erection, and maintenance of the electrical
work in accordance with the provisions of this code and shall insure
the Town from any and all claims or demands for damages by reason
of any negligence of the electrical contractor or contractor's
agents, or by reason of defects in the construction, or damages resulting
from any part thereof. The Town requires a thirty-day cancellation
notice from the insurance company.
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Article 80.27.5 Work allowed under license. No
person who has obtained an electrical contractor's certificate
shall allow his/her name to be used by another person for the purpose
of obtaining permits, or for doing business or work under such license.
Every person licensed shall notify the code official of the address
of the licensee's place of business, if any, and the name under
which such business is carried on, and shall give immediate notice
to the codes official of any change in either.
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Article 80.27.6 License fees. Electrical contractors
and electricians shall pay annual business license fees to the Town
in an amount to be determined under the provisions of the ordinances
of the Town.
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i.
In Article 80.29, insert "Town," and add:
Liability. Any officer or employee charged with the enforcement
of this code, while acting on behalf of the Town, shall not thereby
render such individual liable personally, and is hereby relieved from
all personal liability for any damage accruing to persons or property
as a result of any act performed in the discharge of official duties.
Any suit instituted against any officer or employee because of an
act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be defended
by the legal representative of the jurisdiction until the final termination
of the proceedings. The officer or employee shall not be liable for
costs in any action, suit or proceeding that is instituted pursuant
to the provisions of this code; and any officer or employee acting
within the scope of employment and in good faith and without malice
shall be free from liability for acts performed under any of its provisions
or by reason of any act or omission in the performance of official
duties in connection therewith. Nothing contained herein shall be
deemed a waiver of the immunities and protection afforded to the Town
or officers and employees pursuant to State and Federal law.
2.
Amendments to NEC.
a.
Amend Article 100 as follows:
Equipment - delete word "machinery."
Kitchens - Add "A fixed or portable single microwave does not
constitute a permanent cooking facility."
b.
In Article 110.2, add "The local electrical inspector shall
enforce all rules and specifications in this Article as necessary
to determine conformity of electrical materials, devices, or appliances
with approved methods of construction in order to protect life and
property. The label of a nationally recognized electrical testing
laboratory, inspection agency, or other organization concerned with
product evaluation that maintains periodic inspection during production
of equipment or materials, whose label indicates compliance with nationally
recognized standards or tests to determine suitable usage in a specified
manner, is prima facie evidence that the electrical materials, devices,
or appliances are conforming and listed for installation under the
provisions of this Article. Only those materials, devices, or appliances
which are approved for the purpose intended may be installed to use
electricity for light, heat, or power. This includes all materials
used to install the materials, devices, or appliances. The manufacturer's
name, trademark, or other identification symbol must be placed on
or provided with the materials, devices, or appliances, together with
rated voltage, current, wattage, or other applicable ratings necessary
to determine the purpose and use for which they are intended in accordance
with Article 670. It is not the local electrical inspector's
responsibility to enforce nationally recognized testing laboratory
listings on equipment."
c.
In Article 110.3, add "The local electrical inspector may grant
special approval of materials, devices, or appliances if no standard
has been prepared or adopted to which they should conform. Special
approval applies only to the particular sample approved and not to
the line as manufactured, stored, sold, installed, or attached and
may be granted only for those materials, devices, or appliances which,
in the opinion of the local electrical inspector, are safe for the
use intended. The details of decisions made by the electrical inspector
shall be recorded and entered into the files of the electrical inspection
division. Any decisions made by the local electrical inspector may
be reviewed for consideration by the Board of Adjustment. The Town
does not assume any liability for damage or injury to persons or property
because of the use of those materials, devices, or appliances."
d.
Article 110.26 is amended to read as follows:
Article 110.26(D) Electric fences. Electric fencing
is not allowed to be installed in the Town except as approved by the
municipal utilities and the codes official.
e.
Article 201.52 is amended to read as follows:
Article 201.52(J) Sump pit. In one- and two-family
dwellings, a receptacle outlet shall be installed within three (3)
feet of the sump pit on an individual circuit.
f.
Article 210.8 is amended to read as follows:
Article 210.8 Ground-fault circuit-interrupter protection
for personnel. (A) Dwelling units. All 125-volt, single-phase,
15- and 20-ampere receptacles installed in the locations specified
in 210.8(A)(1) through (10) shall have ground-fault circuit-interrupter
protection for personnel.
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Exception No. 1 to (2) Garages and accessory buildings. Receptacles
in locations that are not readily accessible, (e.g., on the ceiling
of a garage).
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Exception No. 2 to (2) Garages and (5) Unfinished basements.
A single receptacle or a duplex receptacle for two (2) appliances
located within dedicated space for each appliance that, in normal
use, is not easily moved from one place to another and that is cord-and-plug
connected in accordance with 400.7(A)(6), (7), or (8).
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Add the following Exception to (3) Outdoors. GFCI receptacles
located in exterior soffits and used for seasonal decorative lighting
are not required to be readily accessible.
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Exception to (7) Sinks. Where the receptacles are installed
within one and eight tenths (1.8 m) (six (6) feet) of the outside
edge of the sink.
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(a)
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Receptacles installed for specific appliances such as clothes
washers, refrigerators, garbage disposals, dishwashers, and microwave
ovens shall not be required to be GFCI protected where located within
six (6) feet of laundry, utility, kitchen or wet bar sink in a dwelling.
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(b)
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A duplex receptacle may be used for a single appliance, provided
the duplex receptacle is located behind the appliance which, in normal
use, is not easily moved and the receptacle is not readily accessible
for the use of power tools. This receptacle must be marked "not GFCI
protected." Receptacles installed under the exceptions to 210.8(A)(2)
and (3) shall not be considered as meeting the requirements of 210.52(G).
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g.
Article 210.52 is amended as follows:
Article 210.52 Dwelling unit receptacle outlets (C) Countertops
(5) Receptacle outlet location. Exception to (5): Delete the second
sentence to the first paragraph that reads; "Receptacles mounted below
a countertop in accordance with this exception shall not be located
where the countertop extends more than one hundred fifty (150) mm
(six (6) inches) beyond its support base." The rest of the section
remains as stated. This deletion is to allow the placement of the
receptacle no more than twelve (12) inches below the countertop, and
anywhere the countertop extends beyond its support base.
Article 210.52 Dwelling unit receptacle outlets. (E) Outdoor
outlets. (3) Balconies, decks, and porches. Add the following: A receptacle
is not required at an existing structure.
Article 210.52(G)(1) Receptacles in garages. Delete first sentence,
as follows: "In each attached garage, and in each detached garage
with electric power, the branch circuit supplying receptacles shall
not supply outlets outside the garage." Retain second sentence: "At
least one (1) duplex receptacle shall be installed for each car space."
h.
Article 210.63 is amended as follows:
Article 210.63 Heating, air-conditioning, and refrigeration
equipment outlet. Existing exception to be shown as Exception No.
1 and add:
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Exception No. 2: Rooftop and exterior equipment
on one- and two-family dwellings.
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i.
Article 210.64 is amended as follows:
Article 210.64 Electrical service areas. In other than one-
and two-family dwellings, a 120-volt, 15- or 20-amp receptacles shall
be required within fifty (50) feet of the electrical service equipment.
Add second sentence, as follows: "The receptacle shall be readily
accessible and located within sight of the service equipment."
j.
Article 220.14 is amended as follows:
Article 220.14. Branch circuit load calculations. (J) Dwelling
occupancies: Delete "one-family, two-family" and add the following
requirements for one- and two-family dwellings:
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(1)
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In one- and two-family dwellings, a 15-amp-rated general purpose
circuit shall be limited to a maximum of eight (8) receptacle outlets
or openings, or eight lighting outlets or openings, or any combination
of receptacle outlets and lighting outlets totaling not more than
eight.
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(2)
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In one- and two-family dwellings, a 20-amp-rated general purpose
circuit shall be limited to a maximum of ten (10) receptacle outlets
or openings, or ten (10) lighting outlets or openings, or any combination
of receptacle outlets and lighting outlets totaling not more than
ten (10).
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(3)
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In one- and two-family dwellings, the small appliance circuits
serving the kitchen countertop and similar areas shall be limited
to not more than two (2) receptacle outlets or openings for the first
two (2) such circuits; the third and succeeding small appliance circuits
shall be limited to not more than three (3) receptacle outlets or
openings per circuit.
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(4)
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In one- and two-family dwellings, the microwave receptacle outlet
shall be a dedicated 20-amp-rated circuit, and shall share with no
other outlets.
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k.
Article 230.46 is amended to read as follows:
230.46 Spliced conductors. Service entrance conductors
shall be permitted to be spliced or tapped by clamped or bolted connections.
Splices shall be made in enclosures or, if directly buried, with a
listed ground splice kit. Splices of conductors shall be made in accordance
with 110.14, 300.5(E), 300.13, and Article 300.15.
Where service entrance conductors are tapped to supply two (2)
to six (6) disconnection means grouped at a common location, taps
shall be made with fixed lugs only.
l.
Article 230.50 is amended as follows:
Article 230.50 Protection against physical damage. (B) (1) Service entrance cables. (3) Schedule 40 rigid nonmetallic
conduit or equivalent.
m.
Delete Article 250.53. Grounding electrode system installation.
(A)(2) Supplemental electrode required.
n.
Article 300.5 is amended as follows:
Article 300.5 Underground installations. (D) Protection
from damage:
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(3) Service conductors: Warning tape shall be installed a minimum
of six (6) inches below grade and not less than twelve (12) inches
above the electrical cables or conduit in all underground installations
of fifty (50) volts or more.
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(4) Enclosure and raceway damage: Where the enclosure or raceway
is subject to physical damage, the conductors shall be installed in
rigid metal conduit, intermediate metal conduit, Schedule 40 rigid
nonmetallic conduit, or equivalent.
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Add "(5) Underground conductors to comply with installation
requirements. All underground conductor installations, in addition
to complying with the requirements of the National Electrical Code,
and laws of the State of Missouri, shall comply with the requirement
that direct burial underground service conductors or feeders shall
be installed in a raceway from the building to a point beyond any
concrete or asphalt slabs, stoops, footings, or driveways, which may
interfere with future conductor replacement."
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o.
Article 300.11 is amended as follows:
Article 300.11 Securing and supporting. (A)(2) Non-fire-rated
assemblies: Add exception: One three-quarter-inch raceway or smaller,
with maximum conductor fill (for example, twelve #12 AWG), shall be
permitted to be supported by the ceiling support wires.
p.
Article 314.23 is amended as follows:
Article 314.23 (B)(1) Nails and screws: Add last sentence to
paragraph: "Screws may be installed through the interior sides of
a non-metallic box to mount or fasten the box in place regardless
of its listing and labeling, provided the heads of the screws are
covered or coated with a non-metallic material."
q.
Article 314.25 is amended as follows:
Article 314.25 Covers and canopies. Add the following: "The
requirement for machine-threaded screws shall not apply to plastic
outlet boxes."
r.
Article 334.12 is amended as follows:
Article 334.12 Uses not permitted. (A) Types NM, NMC, and NMS.
Types NM, NMC, and NMS cables shall not be permitted as follows: Delete
the following in its entirety: (2). "Exposed in dropped or suspended
ceilings in other than one- and two-family and multifamily dwellings."
Article 334.12(B) Types NM and NMS. Types NM and NMS cables
shall not be used under the following conditions or in the following
locations. Exception: Type NMS cable shall be permitted in wet or
damp locations.
s.
Article 334.15 is amended as follows:
Article 334.15 Exposed Work. (B) Protection from physical damage:
Where schedule 80 PVC is stated in paragraph, replace with scheduled
40 PVC or better. Cable shall be protected from physical damage where
necessary by rigid metal conduit, intermediate metal conduit, electrical
metallic tubing, Schedule 40 PVC conduit, or other approved means.
Where passing through a floor, the cable shall be enclosed in rigid
metal conduit, intermediate metal conduit, electrical metallic tubing,
Schedule 40 PVC conduit, or other approved means extending at least
one hundred fifty (150) mm (six (6) inches) above the floor.
t.
In Article 334.30, insert words "non-conductive insulated" before
word "staples."
u.
Article 334.80 is amended as follows:
Article 334.80 Ampacity. The ampacity of Types NM, NMC and NMS
cable shall be determined in accordance with 310.15. The ampacity
shall be in accordance with the sixty degrees Celsius (60° C.)
(one hundred forty degrees Fahrenheit (140° F.)) conductor temperature
rating. The ninety degrees Celsius (90° C.) (one hundrd ninety-four
degrees Fahrenheit (194° F.)) rating shall be permitted to be
used for ampacity derating purposes, provided the final derated ampacity
does not exceed that for a sixty degrees Celsius (60° C.) (one
hundred fory degrees Fahrenheit (140° F.)) rated conductor. The
ampacity of Types NM, NMC, and NMS cable installed in cable try shall
be determined in accordance with 392.11.
Where more than two NM cables containing two (2) or more current-carrying
conductors are installed, without maintaining spacing between the
cables, through the same opening in wood framing that is to be fire-
or draft-stopped using thermal insulation, caulk, or sealing foam,
the allowable ampacity of each conductor shall be adjusted in accordance
with Table 310.15(B)(2)(a). The rest of 334.80 is deleted in its entirety.
v.
Article 338.10 is amended to read as follows:
Article 338.10 Uses permitted. (B)(4)(a) Interior
installations. In addition to the provisions of this Article, Type
SE service-entrance cable used for interior wiring shall comply with
the installation requirements of Part II of Article 334, excluding
334.80.
w.
Article 404.9 is amended as follows:
Article 404.9 Provisions for General-use shop switches. (B)
Grounding: Add exception 4: In one- and two-family dwellings, switches
mounted to non-metallic boxes with non-metallic face plates shall
not be required to be effectively grounded.
x.
Article 404.10 is amended as follows: Article 404.10 Mounting
of snap switches. (B) Box mounted. Add last sentence to paragraph,
as follows: "The requirement for machine-threaded screws shall not
apply to plastic outlet boxes."
y.
Article 406.4 is amended as follows: Article 406.4 General installation
requirements. (D) Replacements. Delete the following sentence: "Arc-fault
circuit-interrupter type and ground-fault circuit-interrupter type
receptacles shall be installed in a readily accessible location."
z.
Article 406.5 is amended as follows: Article 406.5 Receptacle
mounting. Add last sentence to first paragraph: "The requirement for
machine-threaded screws shall not apply to plastic outlet boxes."
aa.
Article 406.9 is amended as follows:
Article 406.9 Receptacles in damp or wet locations.
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(A) Damp locations. A receptacle installed outdoors in a location
protected from the weather or in other damp locations shall have an
enclosure for the receptacle that is weatherproof when the receptacle
is covered (attachment plug cap not inserted and receptacle covers
closed).
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An installation suitable for wet locations shall also be considered
suitable for damp locations. A receptacle shall be considered to be
in a location protected from weather where located under roofed open
porches, canopies, marquees, and the like, and will not be subjected
to a beating rain or water runoff. The rest of 406.9(A) is deleted
in its entirety.
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(B) Wet locations.
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(1) Receptacles of fifteen (15) and twenty (20) amperes in a
wet location. Receptacles of 15- and 20-ampere, 125- and 250-volt
receptacles installed in a wet location shall have an enclosure that
is weatherproof whether or not the attachment plug cap is inserted.
Weatherproof in-use or bubble covers not required.
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The rest of 406.9(8) is deleted in its entirety.
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bb.
In Article 406.12 Tamper-resistant receptacles, delete areas
listed in (1), (5), (6) and (7).
cc.
Article 410.24 is amended as follows: Article 410.24 Connection
of electric-discharge and LED luminaires. (B) Access to boxes. Delete
in its entirety.
dd.
In Article 408.36, add the following:
Installation of 120-volt plug-in circuit breakers in three-phase,
four-wire panelboard on a delta system is prohibited.
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Exception No. 1: Individual protection shall not be required
for a panelboard used as service equipment with multiple disconnecting
means in accordance with 230.71. In panelboards protected by three
(3) or more main circuit breakers or sets of fuses, the circuit breakers
or sets of fuses shall not supply a second bus structure within the
same panelboard assembly.
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Exception No. 2: Individual protection shall not be required
for a panelboard protected on its supply side by two (2) main circuit
breakers or two (2) sets of fuses having a combined rating not greater
than that of the panelboard. A panelboard constructed or wired under
this exception shall not contain more than forty-two (42) overcurrent
devices. For the purposes of determining the maximum of forty-two
(42) overcurrent devices, a two-pole or a three-pole circuit breaker
shall be considered as two (2) or three (3) overcurrent devices, respectively.
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Exception No. 3: For existing panelboards, individual protection
shall not be required for a panelboard used as service equipment for
an individual residential occupancy.
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ee.
Article 422.12 is amended to read as follows:
422.12 Central heating equipment. Central heating
equipment other than fixed electric space-heating equipment shall
be supplied by an individual branch circuit, and a disconnect shall
be provided in sight and within six (6) feet of the unit.
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Exception No. 1: Auxiliary equipment, such as a pump, valve,
humidifier, or electrostatic air cleaner directly associated with
the heating equipment shall be permitted to be connected to the same
branch circuit.
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Exception No. 2: Permanently connected air-conditioning equipment
shall be permitted to be connected to the same branch circuit.
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ff.
In Article 422.16 Flexible cords. (B) Specific appliances, add:
(5) Storage-type water heaters. Storage-type water heaters shall be
permitted to be cord-and-plug connected with a flexible cord rated
at thirty (30) amperes. Cord will not be required to be listed for
this use.
gg.
In Article 440.14 Location, add: Exception No 3: Cord-and-plug-connected
appliances.
hh.
In Article 547.5 Wiring methods. (F) Separate equipment grounding
conductor, add new last sentence: "Aluminum equipment grounding conductors
shall not be permitted underground in agricultural buildings or areas."
ii.
Article 550.15 is amended as follows: Article 550.15. Wiring
methods and materials. (H) Under-chassis wiring (exposed to weather).
(2): Change Schedule 80 PVC to Schedule 40 PVC.
jj.
In Article 600.1, add the following: Permanently installed electric
signs, outline lighting, and field-assembled skeletal neon systems
shall be listed and labeled by a nationally recognized testing laboratory.
Branch circuit wiring and primary electrical connection of the above
shall be completed by a licensed electrical contractor. The electrical
contractor shall be responsible for obtaining the electrical permit,
scheduling an inspection, and the installations shall not be energized
prior to approval by the electrical inspector.
kk.
Article 600.6 is amended as follows: Article 600.6 Disconnects.
(A)(1): Change the wording of the first sentence as follows "Disconnects
for signs and for outline lighting shall be located at the point where
the feeder or branch circuits(s) enters the sign enclosure or pole,
and shall disconnect all ungrounded conductors where they enter the
sign enclosure or pole."
ll.
In Article 680.43 Indoor installations, delete Exception No.
2.
mm.
In Article 680.74 Bonding, delete the last sentence.
[Ord. No. 2017-1241 § 3, 8-21-2017]
A. The punishment of a violation of this Article shall be as follows:
1.
The maximum fine combined with the amount of court costs that
can be imposed for the violation of any ordinance violation shall
be two hundred dollars ($200.00) for the first violation, two hundred
seventy-five dollars ($275.00) for the second violation, three hundred
fifty dollars ($350.00) for the third violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent municipal
ordinance violation.
2.
Ordinance violations as defined below shall not be punishable
by imprisonment, unless the violation:
a.
Endangered the health or welfare of others; or
b.
Involved eluding or giving false information to a Law Enforcement
Officer.
3.
A person convicted of an ordinance violation shall not be placed
in confinement for failure to pay a fine unless such non-payment violates
the terms of the person's probation or unless the due process
procedures mandated by Missouri Supreme Court Rule 37.65 or its successor
rule are strictly followed by the court.
4.
Court costs that apply shall be assessed against such person
unless the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Missouri Supreme Court.
5.
No court costs shall be assessed if the defendant is found to be indigent under Subsection
(A)(4) or the case is dismissed.
[Ord. No. 2017-1241 § 4, 8-21-2017]
The portions of this Article shall be severable. In the event
that any portion of this Article is found by a court of competent
jurisdiction to be invalid, the remaining portions of this Article
are valid, unless the court finds the valid portions of this Article
are so essential and inseparably connected with and dependent upon
the void portion that it cannot be presumed that the Town Council
would have enacted the valid portions without the invalid one, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the legislative intent.