Article 85 - Organization and Enforcement.
85-1 Powers and duties of Building Commissioner.
General. The Building Commissioner is hereby authorized to enforce
all the provisions of this code. He/she shall cause a record to be
kept of all permits issued and inspections made.
Deputies. In accordance with prescribed procedures and with
the approval of the appointing authority, the Building Commissioner
may appoint a Chief Electrical Inspector and other related technical
officers and inspectors and other employees as shall be authorized
from time to time. Reference to the "Inspector" and "Electrical Inspector"
in this code shall mean the Chief Electrical Inspector or other Electrical
Inspectors, or the Chief Building Commissioner.
Right of entry. Whenever necessary to make an inspection to
enforce any of the provisions of this code, or whenever the Building
Commissioner or his/her authorized representative has reasonable cause
to believe that there exists in any building or upon any premises
any condition or violation which makes such building or premises unsafe,
dangerous or hazardous, the Building Commissioner or his/her authorized
representative may enter such building or premises at all reasonable
times to inspect the same or to perform any duty imposed upon the
Building Commissioner by such codes, provided that if such building
or premises be occupied, he/she shall first present proper credentials
and request entry. If such building or premises is unoccupied, he/she
shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request
entry. If entry be refused, the Building Commissioner or his/her authorized
representative shall have recourse to every remedy provided by law
to secure entry. When the Building Commissioner or his/her authorized
representative shall have first obtained a proper inspection warrant
or other remedy provided by law to secure entry, no owner or occupant
or any other persons having charge, care or control of any building
or premises shall fail or neglect, after proper request is made as
herein provided, to promptly permit entry therein by the Building
Commissioner or his/her authorized representative for the purpose
of inspection and examination pursuant to this code.
Notice. When any order or notice is issued pursuant to the provisions
of this code to any person who cannot be found after a reasonable
search, such order or notice may be served by posting it in a conspicuous
place upon the premises occupied by him/her or upon the premises where
the defects are alleged to exist. Such posting of the notice shall
be considered equivalent to personal service of such order or notice.
An order sent by mail in a sealed envelope with postage prepaid and
directed to the address of the electrical contractor, owner, lessee,
or occupant of the premises shall be equivalent to personal service
of such order. Electrical Inspectors are hereby empowered to attach
to the nearest electrical cabinet or equipment feeding defective or
hazardous wiring, any Commissioner notice or seal to prevent use of
electricity in that area, and it shall be unlawful for any other person
to place or attach such seal, or to break, change, destroy, tear,
mutilate, cover or otherwise deface or injure any such Commissioner
notice or seal posted by an Electrical Inspector.
Stop orders. Whenever any work is being done contrary to the
provisions of this code, the Building Commissioner may order the work
stopped by notice in writing served on any persons engaged in the
doing or causing such work to be done, and any such persons shall
forthwith stop such work until authorized by the Building Commissioner
to proceed with the work.
Authority to disconnect utilities in emergencies. The Building
Commissioner or his/her authorized representative shall have the authority
to disconnect any electric power or energy service suppled to the
building, structure or building service equipment therein regulated
by this code in case of emergency where necessary to eliminate an
immediate hazard to life or property. The Building Commissioner shall
whenever possible notify the serving utility, the owner and occupant
of the building, structure or building service equipment, in writing,
of such disconnection immediately thereafter.
Authority to condemn electrical system and equipment. Whenever
the Building Commissioner ascertains that any electrical system or
equipment regulated in this code has become hazardous to life, health
or property, he/she may order in writing that such electrical system
or equipment either be removed or restored to a safe condition, whichever
is appropriate. The written notice itself shall fix a time limit for
compliance with such order. No person shall use or maintain defective
electrical system or equipment after receiving such notice. When such
equipment or installation is to be disconnected, a written notice
of such disconnection and causes therefore shall be given within twenty-four
(24) hours of the order to disconnect to the serving utility, the
owner and occupant of such building, structure or premises. When any
electrical system or equipment is maintained in violation of this
code and in violation of any notice issued pursuant to the provisions
of this Section, the Building Commissioner shall institute any appropriate
action to prevent, restrain, correct or abate the violation.
Connection after order to disconnect. No person shall make connections
from any energy or power supply nor supply power to any electrical
system or equipment which has been disconnected or ordered to be disconnected
by the Building Commissioner or the use of which has been ordered
to be discontinued by the Building Commissioner until the Building
Commissioner authorizes the reconnection and use of such electrical
system or equipment.
Liability. The Building Commissioner, or his/her authorized
representative charged with the enforcement of this code, acting in
good faith and without malice in the discharge of his/her duties,
shall not thereby render himself/herself personally liable for any
damage that may accrue to persons or property as a result of any act
or by reason of any act or omission in the discharge of his/her duties.
Any suit brought against the Building Commissioner or employee because
of such act or omission performed by him/her in the enforcement of
any provision of this code shall be defended by legal counsel provided
by this jurisdiction until final termination of such proceedings.
This code shall not be construed to relieve from or lessen the responsibility
of any person owning, operating or controlling any building, structure
or building service equipment therein for any damages to persons or
property caused by defects, nor shall the Code Enforcement Agency
or its parent jurisdiction be held as assuming any such liability
by reason of the inspections authorized by the code or approvals issued
under this code.
Cooperation of other Commissioners and officers. The Building
Commissioner may request, and shall receive so far as is required
in the discharge of his/her duties, the assistance and cooperation
of other Commissioners of this jurisdiction.
Appeals. Any person, firm or corporation may file an appeal
with the Board of Adjustment for review of any decision of the Building
Commissioner, provided that such appeal is made in writing within
(5) five days after notification by the Electrical Inspector. The
Board of Adjustment shall meet within ten (10) days of receipt of
such appeal to hear the appeal and render a decision and findings
in writing to the appellant with a duplicate copy to the Building
Commissioner.
Requirements of electrical contractor.
Registration required. It shall be unlawful for any person,
firm, or corporation who is not registered as a qualified electrician
in the City of Berkeley to engage in work regulated by this code.
Prior to the approval of any permit to do work regulated by this code,
the applicant for such permit must first register in person with the
Building Inspection Division.
Application for registration. A person, firm, or corporation
who desires to register as an Electrical Contractor's Master Electrician
or Journeyman Electrician in the City of Berkeley shall complete the
appropriate application and provide the following information:
A current, electrical license issued by a municipality and accompanied
by a reciprocal letter or evidence of satisfactory performance on
master or journeyman electrician's certification conducted by the
Southern Building Code Conference International in conjunction with
the North Central Missouri Council of Governments.
A form of picture identification.
Business identification to include the business name, business
owner(s), address, and telephone number.
Issuance and term of registration. Upon satisfactory completion
of the requirements of County licensing and payment of applicable
fees as specified in Appendix A for registration as an Electrical
Contractor, Master Electrician or Journeyman Electrician, the Building
Commissioner may approve such registration. An approved registration
is valid for a period of not more than one (1) year and shall terminate
at the end of each calendar year.
Transfer of registration. It shall be unlawful for any person,
firm, or corporation to lend, rent, or transfer an electrical registration
issued by the City of Berkeley to another other person firm, or corporation
for any purpose.
Revocation of registration. An electrical registration issued
by the City of Berkeley may be revoked by the Building Commissioner
for the following:
Falsification of any portion of an application for registration
with intent to defraud.
Any person, firm or corporation who, after being found guilty
in Municipal Court of violations of this code, is unwilling to make
appropriate corrections to the satisfaction of the Building Commissioner
or his/her designee shall be denied registration as an Electrical
Contractor, Master or Journeyman Electrician.
Transfer of registration as stipulated in Section 85-2(d) of
this code.
Notice of revocation of electrical registration. The Building
Commissioner shall provide proper notice in writing to the person,
firm or corporation holding a defective electrical registration of
the decision to revoke an electrical registration. Notice shall be
deemed effective on the post date of certified mail and/or acceptance
by hand delivery.
Appeal of revocation. In the event that any person, firm or
corporation shall appeal the decision of the Building Commissioner
to revoke an electrical registration, a request for a public hearing
of the matter shall be made in writing to the Chairman of the Board
of Adjustment within five (5) days of receipt of notice of revocation
as specified in this Section. The Board of Adjustment shall meet to
consider an appeal of revocation within ten (10) days of receipt of
a written request.
False representation as to registration unlawful. It shall be
unlawful for any person, firm, or corporation to represent himself/herself
or a business as an electrician or electrical contractor in the City
of Berkeley without having first properly registered with the Building
Inspection Division.
Electrical company vehicles to be marked. All electrical contractors'
vehicles engaged in doing work in the City of Berkeley shall have
signs permanently affixed to both sides of the vehicle indicating
the company name of the electrical contractor.
Supervision. The actual work of installing, maintaining, altering,
or repairing of electrical work for which a permit is required by
this code shall have supervision by a licensed master or journeyman
electrician as provided by this code. In the event the owner of electrical
contracting business is not a licensed master electrician, a master
electrician shall be designated by the owner of such place of business
to the Building Commissioner as the person responsible for, and supervising,
the electrical work done by such electrical contractor. Such designated
master electrician shall be the supervisory electrician for one (1)
electrical contractor within the City at any one time. Should such
supervision not be constantly provided, the Electrical Inspector may
order the work being done by such electrical contractor to be discontinued
until proper supervision and control has been provided and the name
of the new master electrician disclosed to Building Commissioner,
License display. Each holder of a master, journeyman or specialist
license shall carry evidence of proper license on his/her person at
all times while doing electrical work and shall produce and exhibit
same when requested by an Inspector or officer of the City.
Exception from licensing and registration.
Persons who are not registered electricians may carry out the
following classes of work:
The replacement of lamps, fuses and the connection of portable
devices to suitable receptacles which have been permanently installed.
The installation, alteration, or repairing of any wiring, devices,
or equipment for signaling, remote control, or the transmission of
information, provided such are inherently power limited and have a
maximum nameplate rating not exceeding one volt-ampere.
The installation, alteration or repair of the electric wiring,
devices, appliances and equipment installed by or for an electrical
public service corporation legally operating in the City when for
the use of such corporation in the generation, transmission, distribution
or metering of the electrical energy or for the use of such a corporation
in the operation of street railways, signals or the transmission of
information.
Any work involved in the manufacture or test of electrical materials,
devices, appliances or apparatus, but not including any installation
of wiring other than that required for testing purposes unless such
equipment as complete is approved by the Electrical Inspector before
it is installed or used.
Permits.
Permits required. Except as specified in Subsection (c) of this
Section, no electrical system regulated by this code shall be installed,
altered, repaired, replaced or remodeled unless a separate electrical
permit for each building or structure has first been obtained from
the Building Commissioner. It shall be unlawful for any person, firm
or corporation who is not registered by the City as an electrical
contractor to secure permits except as provided in Section 85-3. It
shall be unlawful for any person to lend, rent, or transfer an electrical
permit, or permit a person without proper license or registration
to do the work, or for any person to make use of any such permit which
is not actually his/her own, and any such permit obtained or submitted
under these conditions shall be null and void.
Exempt work. An electrical permit shall not be required for
the following:
Portable motors or other portable appliances energized by means
of a cord or cable having an attachment plug end to be connected to
an approved receptacle when that cord or cable is permitted by this
Code.
Repair or replacement of fixed motors, transformers or fixed
approved appliances of the same type and rating in the same location.
Temporary decorative lighting.
Repair or replacement of current-carrying parts of any switch,
contactor or control device.
Reinstallation of attachment plug receptacles, but not the outlets
therefor.
Repair or replacement of any over current device of the required
capacity in the same location.
Repair or replacement of electrodes or transformers of the same
size and capacity for signs or gas tube systems.
Taping joints.
Removal of electrical wiring.
Temporary wiring for experimental purposes in suitable experimental
laboratories.
Electrical wiring, devices, appliances, apparatus or equipment
operating at less than 25 volts and not capable of supplying more
than 50 watts of energy.
A permit shall not be required for the installation, alteration
or repair of electrical wiring, apparatus or equipment or the generation,
transmission, distribution or metering of electrical energy or in
the operation of signals or the transmission of intelligence by a
public or private utility in the exercise of its function as a serving
utility.
Exemption from the permit requirements of this code shall not
be deemed to grant authorization for any work to be done in violation
of the provisions of this code or any other laws or ordinances.
Application for permit. To obtain a permit, the applicant shall
first file an application therefore in writing on a form furnished
by the City agency for that purpose. Every such application shall:
Identify and describe the work to be covered by the permit for
which application is made.
Describe the land on which the proposed work is to be done by
legal description, street address or similar description that will
readily identify and definitely locate the proposed building or work
Indicate the use or occupancy for which the proposed work is
intended.
Be accompanied by plans, diagrams, computations and specifications
and other data as required in Subsection (d) of this Section.
Be signed by permittee, or his/her authorized agent.
Give such other data and information as may be required by the
Building Commissioner.
Plans and specifications. With each application for a permit,
and where required by the Building Commissioner for enforcement of
any provision of this Code, plans, specifications and calculations
shall be submitted in the quantity deemed necessary by the Building
Commissioner. When deemed necessary by the Building Commissioner to
ensure code compliance, the Building Commissioner may require plans
and specifications to be prepared and designed by an engineer licensed
by the State of Missouri. All drawings, specifications and accompanying
data involved with the practice of engineering, such as structural,
mechanical, plumbing, electrical, heating and cooling, fire, life
and safety systems, shall comply with State and local laws governing
the practice of engineering as required slide by Article 3271a, Vernon's
Annotated Missouri Statutes.
Information on plans and specifications. Plans and specifications
shall be drawn to scale upon substantial paper or cloth and shall
be of sufficient clarity to indicate the location, nature and extent
of the work proposed and show in detail that it will conform to the
provisions of this code and all relevant laws, ordinances, rules and
regulations.
Permits issuance. The applications, plans and specifications,
and other data, filed by an applicant for permit may be reviewed by
other departments of the City to determine compliance with any applicable
laws under their jurisdiction. If the work described in an application
for a permit and the plans, specifications and other data filed therewith
conforms to the requirements of this code and other pertinent laws
and ordinances, and the fees specified by the City of Berkeley fee
schedule have been paid, the Building Commissioner may issue a permit
therefor to the applicant. When the Building Commissioner issues the
permit where plans are required, he shall endorse in writing or stamp
the plans and specifications "APPROVED." Such approved plans and specifications
shall not be changed, modified or altered without authorizations from
the Building Commissioner, and all work shall be done in accordance
with the approved plans. The Building Commissioner may issue a permit
for the construction of part of an electrical system before the entire
plans and specifications for the whole system have been submitted
or approved, provided adequate information and detailed statements
have been filed complying with all pertinent requirements of this
code. The holder of such permit shall proceed at his/her own risk
with assurance that the permit for the entire building, structure
or building service will be granted.
Retention of plans. One (1) set of approved plans and specifications
shall be returned to the applicant and shall be kept on the site of
the building or work at all times during which the work authorized
thereby is in progress. One (1) set of approved plans, specifications
and computations shall be retained by the Building Commissioner until
final approval of the work.
Validity of permit. The issuance of a permit or approval of
plans and specifications shall not be construed to be a permit for,
or an approval of, any violation of any of the provisions of this
code, or of any other ordinance of the City, nor shall the issuance
of a permit or approval of plans be construed as representing or warranting
the safety or lack of defects of any electrical work described therein.
No permit presuming to give authority to violate or cancel the provisions
of these codes shall be valid. The issuance of a permit based upon
plans, specifications and other data shall not prevent the Building
Commissioner from thereafter requiring the correction of errors in
said plans, specifications and other data, or from preventing building
operations being carried on thereunder when in violation of these
codes or of any other ordinances of the City.
Expiration. Every permit issued by the Building Commissioner
under the provisions of this code shall expire by limitation and become
null and void, if the building or work authorized by such permit is
not commenced within sixty (60) days from the date of such permit,
or if the building or work authorized by such permit is suspended
or abandoned at any time after the work is commenced for a period
of sixty (60) days or more.
Before such work can be recommenced, a new permit shall be first
obtained, and the fee therefore shall be one-half (1/2) the amount
required for a new permit for such work, provided no changes have
been made or will be made in the original plans and specifications
for such work; and provided, further, that such suspension or abandonment
has not exceeded one (1) year. In order to renew action on a permit
after expiration, the permittee shall pay a new full permit fee. Any
permittee holding an unexpired permit may apply for an extension of
the time within which he/she may commence work under that permit when
he/she is unable to commence work within the time required by this
Section for good and satisfactory reasons. The Building Commissioner
may extend the time for action by the permittee for a period not exceeding
one hundred eighty (180) days upon written request by the permittee
showing that circumstances beyond the control of the permittee have
prevented action from being taken. No permit shall be extended more
than once.
Suspension or revocation. The Building Commissioner may, in
writing, suspend or revoke a permit issued under the provisions of
this code whenever the permit is issued in error or on the basis of
incorrect information supplied, or in violation of any ordinance or
regulation of the City.
Fees. Permit fees shall be levied in the amounts specified by
the City of Berkeley in Appendix A. For fee calculation purposes,
the building area is the total floor area expressed in square feet
of all stories devoted to human occupancy, including halls, stairways,
elevators, and other uses measured to the outside face of exterior
walls, except for attached garages, carports, porches, patios and
other like roofed areas shall contribute one-half (1/2) of their total
area in square footage for the purpose of electrical permit fee calculation.
The total building area for fee calculation purposes shall be stated
on the application for electrical permit. Work started without a permit
shall be charged an administrative triple fee along with regular permit
fee.
Inspections.
General. All electrical systems and equipment for which a permit
is required by this code shall be subject to inspection by the Building
Commissioner. No portion of any electrical system intended to be concealed
shall be concealed until inspected and approved. Neither the Building
Commissioner nor the City shall be liable for expense entailed in
the removal or replacement of any material necessary to allow inspection.
When the installation of an electrical system and equipment is complete,
an additional and final inspection shall be made. Electrical systems
and equipment regulated by this code shall not be connected to the
energy source until authorized by the Building Commissioner.
Inspection requests. It shall be the duty of the person doing
the work authorized by a permit to schedule required inspections at
least one (1) working day before such inspection is desired. It shall
be the duty of the person requesting inspections required by this
Code to provide access to and means for proper inspection of such
work.
Operation of electrical equipment. The requirements of this
Section shall not be construed to prohibit the operation of any electrical
system or equipment installed to replace existing equipment. The request
for inspection of such equipment must have been filed with the Building
Commissioner not more than forty-eight (48) hours after such replacement
work is completed and before any portion of such electrical system
is concealed by any permanent portion of the building.
Other inspections. In addition to the called inspections required
by this Code, the Building Commissioner may make or require other
inspections of any work to ascertain compliance with the provisions
of this Code and other laws which are enforced by the Code Enforcement
Agency.
Re-inspections. A re-inspection fee may be assessed for each
inspection or re-inspection when such portion of work for which inspection
is called is not complete or when required corrections are not made.
This provision is not to be interpreted as requiring re-inspection
fees the first time a job is rejected for failure to comply with the
requirements of this Code, but as controlling the practice of calling
for inspections before the job is ready for such inspection or re-inspection
or when required corrections are not made. Re-inspection fees may
be assessed when the approved plans are not readily available to the
Inspector, for failure to provide access on the date for which inspection
is requested, or for deviating from plans requiring the approval of
the Building Commissioner. In instances where re-inspection fees have
been assessed, no additional inspection of the work will be performed
until the required fees have been paid.