The National Electrical Code, current edition which is adopted and in force by the city council and referenced in section 3.02.001 or any subsequent ordinance, a copy of which is identified by the signature of the mayor and city secretary and on file in the office of the city secretary, is hereby adopted as part of this division to the same effect as if copied verbatim herein and shall be in effect except as it may be in conflict with the provisions of this division.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
This division shall govern all installation of electrical conductors or equipment made after December 6, 1977, and all existing installations that are altered or for which the use has changed. Repair and maintenance work shall be such that, if any electrical conductor or equipment is removed and later replaced, it shall be replaced in accordance with the provisions of this division.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
The permit requirements of this division shall not apply to low-voltage electrical conductors or equipment installations meeting the requirements of the approved electrical code.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
All construction covered by other regulations and codes of the city, including all sign structures, sign attachments to buildings, and/or foundations, shall not be initiated until the proper permits have been issued by the building official or his assistant in compliance with such codes and regulations.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
This division shall not be construed to relieve from or lessen the responsibility or liability of any person owning, operating or installing electrical conductors, devices, appliances, fixtures, apparatus, motors or equipment for damages to persons or buildings caused by any defect therein. nor shall the city be held liable for any damages by reason of the enforcement of this division.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words when not otherwise separately defined shall have meanings that conform to the meanings set out in the building code of the city, if set out; otherwise, they shall have their usual meanings.
Inspector
means an individual who has been designated by the city as an inspector.
Licensed electrician
shall include any individual licensed by the state pursuant to the Texas Occupations Code.
Maintenance
means the act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside, attached or connected to any building electrical system, by replacement of units or elements thereof, but shall not include additions to or replacement of an existing system or branch thereof.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
(a) 
Criminal penalty.
Violation of any of the terms or provisions of this division by any corporation or association shall subject the officers and agents actively in charge of the business of such corporation or association to a penalty in accordance with the general penalty provided in section 1.01.009 of this code. Provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense.
(b) 
Additional remedies.
In addition to the penal remedy in this section, the city attorney shall, upon the direction of the mayor, institute any appropriate action or proceeding, including actions for injunction, to prevent, restrain, correct or abate any act, conduct, work, business, practice or use that is a violation of and illegal under this division.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
The electrical regulations of this division may be modified or waived by special permission in particular cases where such modification or waiver is reasonable, does not differ from the intent of this division, and does not create an injustice. Such special permission shall in all cases be obtained from the chief electrical inspector in writing and shall be approved by the council and entered into its minutes prior to starting the work.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
It shall be unlawful for any person to cover or cause to be covered any part of a wiring installation with flooring, lath, wallboard or other material until the chief electrical inspector shall have approved the wiring installation in part or as a whole, except as herein set forth.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
It shall be the duty of the chief electrical inspector to cause all abandoned dead wire, unused poles or electrical apparatus on the outside of buildings or in streets or alleys to be removed at the expense of the owners thereof, by giving the owners written notice.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
It shall be unlawful for any unauthorized person to in any manner change or alter electrical conductors or equipment in or on any building. If, in the course of the erection of a building or structure, electrical conductors or equipment have previously been installed in such position as to interfere with the erection or completion of the structure, notice shall be immediately given to the authorized person using the electrical conductors or equipment, and he shall be required to accomplish this needed change in accordance with this division.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring device or equipment that has been disconnected by order of the chief electrical inspector or the use of which has been prohibited for reasons set forth in this division until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices or equipment.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
If the person to whom any order or notice issued pursuant to the provisions of this division cannot be found after reasonable search has been made for him, such order or notice may be served by posting same in a conspicuous place upon the premises occupied by him or the premises where the defects recited in the order or notice are alleged to exist or on the premises that may be deemed unsafe or dangerous. Such service shall be equivalent to personal service of such order or notice. An order to comply with the terms of such order or notice shall be sent by mail in a sealed envelope with postage prepaid and directed to the address of the person performing the electrical work or the address of the owner, lessee or occupant of the premises where the defects recited in the order are alleged to exist and shall be equivalent to the personal service of such order.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
The chief electrical inspector is designated as the person responsible for the administration and enforcement of this division, and he shall discharge the duties and have the authority provided in this division.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
The chief electrical inspector and inspectors shall have the following powers:
(1) 
To enforce the provisions of this division.
(2) 
To enter any house or premises by due process of law, if necessary, during reasonable hours, or while any electrical wiring or fixtures or equipment is being installed, to examine any electrical wiring or installation of electrical wiring, fixtures or equipment therein, in the performance of his official duties.
(3) 
To order electric service disconnected where improper or defective wiring exists or where construction or equipment has been installed without a permit as required in this division.
(4) 
To order compliance with provisions of this division where a change of occupancy occurs in a building that requires changes or alterations to existing wiring.
(5) 
To disconnect electrical service in cases of emergency where necessary for safety of persons or property or where electrical equipment may interfere with the work of the fire department.
(6) 
To attach to electrical equipment or electrical meters any official notice or seal that might be necessary to prevent the use of electricity, and it shall be unlawful for any person to use any such seal or break, change, destroy, tear, mutilate, cover or otherwise deface or injure any such official notice or seal posted by any inspector.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
Each inspector shall wear an appropriate badge evidencing his authority and commission of police powers, and shall upon request exhibit the badge. An employee of any such entity in which the city maintains a valid contract or interlocal agreement shall be permitted to wear an appropriate badge or identification approved by their employer or entity.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
Where action is taken by the chief electrical inspector or other inspectors to enforce the provisions of this division, such acts shall be done in the name of and on behalf of the city, and the inspectors in so acting for the city shall not render themselves personally liable for any damage that may accrue to persons or property as a result of any act committed in good faith in the discharge of their duties, and any suit brought against any inspector by reason thereof shall be defended by the city attorney until final termination of the proceedings contained in the suit.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
If a special ruling by the chief electrical inspector is necessary to govern electrical construction for some particular occupancy or building not covered by this division whereby all wiring for similar types of occupancy or building will be established for the future, a copy of such ruling shall be approved by the council before it becomes effective.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
(a) 
Before proceeding with the installation, alteration of or the addition to any electrical wiring or equipment within the city, the individual in charge of such proposed work shall first file with the city an application requesting a permit to carry on such work and the necessary inspections.
(b) 
Applications for permits shall be made in writing upon forms provided by the city for that purpose. When required by the chief electrical inspector, the application shall include a diagram or plan showing clearly the character and kind of wiring or installation of fixtures or equipment work to be done. The plan or diagram shall show the manner in which the electrical installation is to be made and/or the character of any repairs to any existing definite scale, showing the point at which service connection is required, the site of the feeders and subfeeders, the location of service switches and centers of distribution, the arrangement of circuits, and the number of outlets connected thereto.
(c) 
Application for a permit shall be accompanied by a bond of $5,000.00.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
(a) 
Fee schedule.
The fees set forth in the fee schedule in appendix A of this code will be charged for all permits requiring inspection.
(b) 
Commencing work without permit.
If work is performed or completed before a permit application has been submitted and approved, the customer will be charged for the initial inspection plus the reinspection fee.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
(a) 
No permit shall be required for the replacement of lamps, switch and receptacle plates, covers and fuses, or for the connection of portable electrical equipment to suitable permanently installed receptacles.
(b) 
No permit shall be required for the installation of electrical conductors or equipment to be installed where such installation is in accordance with the plans and specifications approved by the city, and where such installation will be within and on premises within the control and supervision of the state department of transportation, and where such installations will be a part of highway facilities operated, maintained or controlled by the state department of transportation.
(c) 
No permit shall be required for maintenance work performed by a licensed electrician on the premises of his employer.
(d) 
No permit shall be required of an established refrigeration or air conditioning firm or organization for the replacing of a refrigeration or air conditioning system motor by another motor of the same horsepower and rating.
(e) 
Where any industry occupies a site of 20 or more acres and the use of the plant site and the conduct of general operations is such that the plant site is inaccessible to the general public and the operations on the plant site involve assembly, disassembly, reassembly, alterations or improvements under the supervision of a registered professional architect or a registered professional engineer, no permit shall be necessary and no inspection shall be performed by the city for electrical work in the erection of the plant or the assembly, disassembly, reassembly, remodeling, alterations or improvements of the plant or any portions thereof used in any manufacturing process, pilot plant use, laboratory testing or use of any mechanical process equipment, or laboratory testing of chemical or chemical manufacturing equipment. Any buildings used principally as office buildings, shipping docks, assembly rooms, restrooms and warehousing, and not directly related to the manufacturing or testing of equipment or operations, shall not be exempt under this section from the necessity of obtaining a permit; and any construction or repair of any such building or structure shall be required to have a permit and shall be permitted only under a permit as for the same type of building elsewhere within the city limits. In order to qualify for an exemption of [under] the provisions of this section, an affidavit shall first be filed in the office of the building official setting forth sufficient facts to show that the affiant is entitled to the exemption requested, on the form provided by the building official.
(f) 
Permits and inspections are not required for construction, repair or alteration of any building being used exclusively in connection with the ranching or agricultural use of any tract of land of ten acres or more in area within the city at the time of annexation so long as the entire premises being used for agricultural or ranching purposes at the time of annexation are not converted to any other use. Any building for residential occupancy shall not be exempt under this section from the requirements for permits and inspections.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
Permits shall be issued to:
(1) 
Licensed master electricians, or their duly authorized agents, who shall be certified to the chief electrical inspector by affidavit stating that the electrician assumes all and full responsibility for any permit taken out or applied for by the agent. This affidavit shall be kept on file after it has been approved by the city attorney.
(2) 
Property owners for electrical installations or maintenance in single-family dwellings owned and occupied by them as their homestead.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
When the chief electrical inspector finds the application, the diagram or plans and specifications to be correct and all fees paid, he shall cause the permit to be issued. Upon receipt of such permit, the electrician may start or cause to start the proposed job and make the installation described in his application, requesting inspection by the chief electrical inspector in the proper sequence as the work progresses.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
When one electrician completes the rough work, in whole or in part, on any electrical wiring or installation of fixtures or equipment and a second electrician is called upon to complete the work in whole or in part, a separate permit is required for which regular fees shall be paid for the work to be done. Each electrician shall be held responsible only for the work installed by him. Before the second electrician is issued a permit for the completion of electrical wiring or installation of fixtures or equipment, the chief electrical inspector shall first notify the electrician holding the original or first permit, if he can be found, that the second permit is proposed to be issued. The issuance of the second permit shall cancel the first permit, and no refund of fees paid for such canceled permit shall be made.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
If electrical wiring or installation of fixtures or equipment work authorized under a permit is not started within 60 days after issuance of such permit or if the work is started and then discontinued and the work remains discontinued for a period of 60 days, the permit shall become void, and no work shall be done on the premises until a new permit is issued and all necessary fees paid. No refunds shall be made for permits that have become void.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
The chief electrical inspector shall have the right to declare a permit null and void if there has been misrepresentation of facts or any violation of the provisions of this division, and after any such declaration, no work shall be performed until a new permit is issued and all fees have been paid.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
An electrical permit may be cancelled by the applicant at any time within 60 days of the date of its issuance. If no work has been done under such permit, the chief electrical inspector, when formally requested in writing by the applicant, may refund 75 percent of the permit fee paid, but in no case shall the city retain less than $15.00 to cover the cost of auditing the fee and preparing the request for refund.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, devices or equipment on an installation for which a permit is required, as set forth in this division, until a certificate of approval has been issued by the chief electrical inspector authorizing such connection and the use of such wiring devices or equipment.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
(a) 
When the rough wiring or installation work is completed on any premises, the person responsible therefor shall notify the chief electrical inspector that the job is ready for inspection, giving proper identification of the work, address and permit number. The chief electrical inspector shall then make an inspection of the electric installation. If the wiring or installation work has been installed in accordance with the terms and provisions of this division, the chief electrical inspector shall sign the inspection card, noting thereon the date of approval of the work. More than one rough inspection may be made without charge when the progress of construction requires such inspection.
(b) 
If the electrical wiring or installation of fixtures or equipment is found to be faulty or incorrectly or defectively installed, the chief electrical inspector shall notify the responsible person who installed such work of the changes necessary to be made in order that the work may conform to this division.
(c) 
The permittee shall within 48 hours from the time of notification make or start to make the changes ordered and shall proceed with the work until the same is completed. Upon completion thereof and payment of the reinspection fee, he shall notify the chief electrical inspector to the effect that faulty work has been corrected. The chief electrical inspector shall then cause the reinspection to be made, and if the work is found to comply with this division he shall sign the inspection card noting thereon the date of approval of the work. If the chief electrical inspector shall again find the work incorrectly installed, he shall notify the permittee of the necessary changes, and the permittee shall pay an additional reinspection fee. If the permittee fails to correct the faulty work within a reasonable time, the chief electrical inspector shall refuse to issue to any such person any further permits until the work in question is corrected and approved.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
Upon the completion of all electrical wiring and installation of fixtures or equipment in any building or on any premises, the permittee shall notify the chief electrical inspector that the work is ready for final inspection, giving the electrical permit number and street address, and the chief electrical inspector shall then make the inspection. If any faulty or defective wiring or equipment is found, the permittee shall be notified of the changes to be made in order that such work shall conform to this division. If such work is found to be correctly installed, replaced or repaired, the chief electrical inspector shall endorse his approval upon the inspection certificate stating that the wiring or installation work has been installed in accordance with the provisions of this division.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
The chief electrical inspector shall periodically reinspect installations of all electric wiring, electric devices and electric equipment installed within the scope of this division, and when the installation of any such wiring, devices or equipment is found to be defective, dangerous or in an unsafe condition, the person owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, devices or equipment in a safe condition within five days, or any longer period specified by the chief electrical inspector in the notice. The chief electrical inspector shall immediately order the disconnection or discontinuance of electrical services to such wiring devices, or discontinuance of electrical services to such wiring devices or equipment until same has been made safe as directed.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
Conformity of electrical equipment with the applicable standards of the Underwriters’ Laboratories, Inc., shall be prima facie evidence that such equipment is reasonably safe to persons and property. Only standard parts and materials approved by Underwriters’ Laboratories, Inc., or by the chief electrical inspector as set forth in sections 3.02.073 through 3.02.075, shall be permitted in electrical repair or maintenance work. Conformity of all types of electrical signs with applicable standards of the Underwriters’ Laboratories, Inc., the National Electrical Code, or electrical provisions of other safety codes that have been approved by the American National Standards Institute shall be prima facie evidence that such installations are reasonably safe to persons and property.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
It shall be unlawful for any person within the city to use any appliance which has not been endorsed by the Underwriters’ Laboratories, Inc., or other nationally recognized standards association, or without first obtaining approval from the chief electrical inspector in absence of such evidence of safety approval.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
The chief electrical inspector shall approve for use such electrical equipment, material, conductors, apparatus or appliances as are reasonably safe to persons and property. Conformity of such equipment and material with the standards of the Underwriters’ Laboratories, Inc., shall be prima facie evidence that such equipment is reasonably safe to persons and property.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)
(a) 
Should any material or equipment be submitted for approval that is not listed as approved by the Underwriters’ Laboratories, Inc., the chief electrical inspector shall, within ten days of the receipt of written request for special approval, approve, provisionally approve or disapprove such electrical material or equipment.
(b) 
Approval shall be based on reasonable safety to persons or property, and material and equipment shall be considered as adequate for approval if the standards of the Underwriters’ Laboratories, Inc., and/or provisions of this division are met. When material or equipment is approved by the chief electrical inspector, such approval shall continue until the material or workmanship on the article approved is changed. When the material or workmanship is changed, the article shall be reexamined and approved prior to use.
(c) 
When no applicable standard can be used to determine whether an article is reasonably safe, the chief electrical inspector may grant provisional approval and allow its use until such time as it can be tested or determined whether the article is safe to persons or property.
(d) 
Approval by the chief electrical inspector shall not become final until concurred in by the electrical advisory board. Denial by the chief electrical inspector may be appealed to the electrical advisory board. Unless appealed by any party to the city council, action by the electrical advisory board shall be final.
(e) 
The chief electrical inspector shall keep in his office a complete list of electrical equipment, material, appliances and devices approved by Underwriters’ Laboratories, Inc., provisionally approved or disapproved for use within the city. This list shall be available to the public during regular working hours.
(Ordinance 42 adopted 7/6/65; 1986 Code, secs. 6.1–6.13; Ordinance 212 adopted 7/13/99; Ordinance 2016-005 adopted 12/13/16; Ordinance adopting 2017 Code)