(a)
Adoption.
The following document, copies of which are
on file in the office of the city secretary, being marked and designated
as the National Electrical Code (NEC), 2017 edition, published by
the National Fire Protection Association (NFPA 70), is hereby adopted
as the electrical code of the city, regulating the design, construction,
quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, or maintenance of
electrical systems, wiring, or electrical equipment within the city;
providing for the issuance of permits and collection of fees therefor.
(Ordinance 101706-D, sec. 7, adopted 11/21/06; Ordinance 05-19-2020 adopted 5/19/20)
For the protection and preservation of the health, safety, property,
and general welfare of the people of the city, the hereby adopts and
incorporates Texas Occupations Code chapter 1305, as amended from
time to time, cited herein as the “Electrical Safety and Licensing
Act,” in its entirety as its own into the Code of Ordinances
of the city. All electrical work and electrical inspection done in
the city must be done in accordance with the Electrical Safety and
Licensing Act. In the event of a conflict or inconsistency between
this chapter and state law, the terms and provisions of state law
shall preempt this chapter.
(Ordinance 101706-D, sec. 7, adopted 11/21/06)
(a)
All
work involved in the business of electrical construction or in the
installation of electric conductors and equipment for electric lights,
appliances, heating or power connected to and served by the city electric
system shall be performed by, or under the direct supervision of,
a master electrician who is registered with the city. The city shall
recognize a master electrician's license issued by the state electrical
safety and licensing advisory board, or successor agency.
(b)
The
annual city registration fee shall be listed in the city's adopted
fee schedule. It shall be unlawful for any person holding a city registration
to transfer or allow the use of same by any other person for the purpose
of obtaining a permit to do electrical work or to use the master electrician's
license of any other person to obtain registration in the city.
(c)
The
city registration certificate of a master electrician may be suspended
by the city for violation of any provision of this division, for performing
work which does not meet the National Electrical Code, for failure
to maintain a master electrician’s license recognized by the
state electrical safety and licensing advisory board, or successor
agency, or for failure to fulfill contractual obligations of the city.
(Ordinance 101706-D, sec. 7, adopted 11/21/06; Ordinance
09-2022C adopted 9/20/2021)
Each master electrician applying for registration with the city
shall provide to the city and maintain a good and sufficient bond
in the amount of $1,000.00.
(1989 Code, ch. 3, sec. 6(C))
A person is not required to be licensed by the state department
of licensing and regulation to perform electrical work described in
section 1305.003, Texas Occupations Code, as amended from time to
time.
(Ordinance 101706-D, sec. 8, adopted 11/21/06)
(a)
Organization; membership.
(1)
A three (3) member electrical appeals and advisory board shall be
appointed by the mayor and confirmed by the city council and shall
hold office for terms of one (1) year, or until successors are appointed.
Said board shall serve without compensation and consist of:
(2)
A majority of the members of said board shall constitute a quorum
for the transaction of all business.
(b)
Appeal or request for variance.
Any person aggrieved
by an interpretation of the electrical regulations, or by any decision
or ruling by the city’s electrical inspector, shall have the
right to make an appeal or request for variance to the electrical
appeals and advisory board. Such appeal or request for variance shall
be perfected by written notice submitted, within ten (10) days, to
the city secretary. The decision of the electrical appeals and advisory
board may be appealed in the same manner to the city council. Prior
to rendering a decision on any appeal or variance request, the city
council may seek expert advice and counsel.
(1989 Code, ch. 3, sec. 6(K))
The city council shall appoint an electrical inspector, or provide
for inspections under contract, on an as-needed basis, or provide
for inspections under whatever arrangement the city council deems
to be in the best interest of the city.
(1989 Code, ch. 3, sec. 6(L))
Neither the city, nor any authorized agent, acting under the
terms of this division shall be liable or have any liability by reason
of orders issued, work done, inspections made, or failure to make
inspections under the terms of this division.
(1989 Code, ch. 3, sec. 6)
Wherever in this division, or in the National Electrical Code adopted by reference herein, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such code or this division the doing of an act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor, the violation of any such provision shall be punishable by fine as provided for in section 1.01.009 of this Code of Ordinances. Provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this division shall continue shall constitute a separate offense unless otherwise designated. Any violation of any provision of this division which constitutes an immediate danger to the health, safety and welfare of the public may be enjoined in a suit brought by the city for such purposes.
(1989 Code, ch. 3, sec. 6(N))
A permit shall be required for all electrical work within or
on any publicly or privately owned building, structure or premises
served by the city’s electric system, except minor repairs such
as repairing or replacing flush and snap switches, receptacles and
lamp sockets, minor repairs on permanently connected electrical equipment,
apparatus, appliances, lighting fixtures, etc., or replacement of
appliances requiring no new wiring or electrical equipment. The above
examples are representative only and should not be considered as a
limitation on the term “minor repairs.”
(1989 Code, ch. 3, sec. 6(E))
The electrical inspector or his designated representative shall
issue all electrical permits in accordance with the provisions and
requirements of this code. All applications for permits shall give
the correct location of the building, the name of the owner of such
building, and a complete statement of the work and fixtures to be
installed. The electrical inspector may require complete plans, specifications
and a schedule of the work to be performed if considered necessary
to determine if an installation or alteration will be in conformance
with this code and to determine if the work will change the electrical
load requirements for the location. No permit shall be issued until
all information required in the application is complete. It shall
be the permittee’s responsibility to request an amendment to
the permit in the event of any change to the information contained
in the application. If, at the time of any inspection, a person other
than the electrician recorded in the permit is performing the work,
the inspection will be canceled and one additional trip charge shall
be levied against the permittee.
(1989 Code, ch. 3, sec. 6(F))
Electrical permits shall be issued only to the following:
(1)
A
master electrician registered in the city, or an authorized representative.
(2)
A
property owner for electrical work to be done by him or by a master
electrician on property owned by him or his spouse.
(3)
A
person who is regularly employed as, or acting as, a maintenance man
incidental to and in connection with the business in which he is employed
or engaged for work to be done by him in a building or on property
owned by the business.
(4)
A
general contractor when the electrical work is a portion of the work
to be completed under a building permit. The electrical work shall
be performed by a master electrician registered with the city.
(1989 Code, ch. 3, sec. 6(G))
No permit issued under this code shall be assigned or transferred
to another person and no person shall permit another person to obtain
a permit in his name, or permit any electrical work to be performed
under his permit by any person other than the person authorized to
do the same.
(1989 Code, ch. 3, sec. 6(H))
When a building permit is required, no separate fee shall be
required for an electrical permit, such permit fee to be considered
a part of the building permit fee. In the event only electrical work
is to be done, an electrical permit is required. All additional inspections
required above those normally covered in the base permit fee will
be charged to the permittee. Fees for the permits and additional inspections
shall be as established by the city council. A copy of the fee schedule
is on file in the office of the city secretary.
(1989 Code, ch. 3, sec. 6(I))
Every permit issued under the provisions of this code shall
expire 365 days after the date thereof unless the work authorized
by such permit is completed. In every case where a permit has expired,
a new permit shall be obtained before any work is resumed.
(1989 Code, ch. 3, sec. 6(J))
