Editor’s note(s)—Ord. No. 9926, § 1, adopted May 28, 2019, amended Ch. 2 in its entirety to read as herein set out. Former Ch. 2, §§ 4-2-14-2-35, pertained to the same subject matter, and derived from Ord. No. 8630, § 1, adopted April 22, 2008; Ord. No. 8820, §§ 1—5, adopted July 27, 2010; and Ord. No. 9491, § 1, adopted Oct. 20, 2015.
Electrical inspectors shall work under the direction of the Building Official.
(A) 
Qualifications.
Electrical inspectors shall have had adequate experience within the electrical field and each shall have at least four years' experience as a journeyman electrician or hold an electrical engineering degree or equivalent in experience, with said experience being limited to credit as follows: one year of academic study is equivalent to one year experience in the field; and each shall have adequate knowledge of current and approved methods and practices relating to electrical installations.
(B) 
Appointment.
Electrical inspectors shall be appointed by the Building Official who may delegate any authority to them which he deems appropriate for enforcement of the Electrical Code. The electrical inspector shall be responsible in the performance of his duties to the Building Official and it shall be his duty to confer from time to time with the Fire Department and the electrical utility company, and otherwise obtain from proper sources all helpful information and advice, presenting same to the Building Official from time to time for his consideration in recommending amendments to the Code.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
(A) 
The electrical inspector shall inspect all installations, alterations and repairs of electrical work in consumer installations.
(B) 
When in the performance of his duties and as may be necessary for the performance of his duties, the electrical inspector shall have the right to enter any consumer's premises at all reasonable hours for the purpose of making tests or inspections of electrical wiring, appliances, or apparatus contained therein. When on duty, the electrical inspector shall have adequate identification with a photograph furnished by the City of Midland to indicate his position.
(C) 
The Code Administration Division shall keep, or cause to be kept, a record of all permits, licenses and inspections which are required under this Chapter. Records of all condemnations and disconnects of electrical installations resulting from condemnations shall be kept.
(D) 
The electrical inspector may issue a stop work order, when work has proceeded contrary to the adopted code. The procedure for issuance of the stop work order shall follow the currently adopted Building Code.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
An electrical inspector shall have no vested interest in any electrical contracting company, nor shall he do any electrical work for any private party or any company within the Midland City limits at any time while in the employment of the City of Midland.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
An electrical inspector charged with enforcement of this Code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
(A) 
Registration required.
Any person, company, firm, partnership or corporation desiring to engage in the business of electrical contracting within the corporate limits of the City of Midland, Texas shall register with the City of Midland Code Administration Division the correct name, address and telephone number under which he will be doing business, and provide a copy of their current Texas Master Electrician's License and Texas Electrical Contractor's License.
(B) 
Supervision of work.
In the actual work of installing, maintaining, altering or repairing any electrical conductors or equipment for which this Code or other ordinance requires a permit, there shall be present and in direct supervision a qualified electrician of the proper classification. An electrical contractor or master electrician shall be liable and responsible for layout and technical supervision of any work which requires a permit and a journeyman or higher classified electrician shall be in direct "on the job" supervision of ongoing work. It shall be unlawful to have more than four apprentices assisting a person duly registered and qualified under the provisions of this section. Homeowners performing work on their own premises under a homeowner permit are exempt from this provision.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Master electricians shall be licensed in accordance with the Texas Electrical Safety and Licensing Act.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Journeyman electricians and residential wiremen shall be licensed in accordance with the Texas Electrical Safety and Licensing Act.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Apprentices shall be licensed in accordance with the Texas Electrical Safety and Licensing Act.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Maintenance electricians shall be licensed in accordance with the Texas Electrical Safety and Licensing Act.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
(A) 
Electrical sign contractors shall be licensed in accordance with the Texas Electrical Safety and Licensing Act.
(B) 
Registration required.
Any person, company, firm, partnership or corporation engaged in the electrical sign contracting business within the corporate limits of the City of Midland, Texas, shall be, or shall have continuously in his employment a qualified Texas master sign electrician and shall file with the Code Administration Division, the current name, address and license number of such Texas master sign electrician, which Texas master sign electrician have direct responsibility for the installation, maintenance and/or repair of any electrical sign wiring, device, material and/or equipment within the corporate limits of the City of Midland, Texas, and shall be responsible for carrying out the provisions of this Chapter in its entirety.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Master sign electricians shall be licensed in accordance with the Texas Electrical Safety and Licensing Act.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Journeyman sign electricians shall be licensed in accordance with the Texas Electrical Safety and Licensing Act.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
(A) 
Definitions adopted.
All definitions contained in the National Electrical Code and the Texas Electrical Safety and Licensing Act are adopted as the minimum standard for definitions of words used in this Chapter and words used within the purpose and scope of this Chapter.
(B) 
Certain words defined.
The following definitions shall apply when the defined words are used in this Chapter and words used within the purpose and scope of this Chapter:
1. 
Approved means conformity with the applicable standards of the National Electrical Code, the Board of Fire Underwriters, or approval of the Building Official of the City of Midland, Texas.
2. 
City Council means the duly elected council members of the City of Midland, Texas, assembled in a business meeting or executive session.
3. 
Consumer means one who uses electricity on a premises.
4. 
Corporate limits and City limits mean the current boundary of the City of Midland, Texas, as defined by the City of Midland, Texas.
5. 
Current and currently mean as of the time of the matter in question.
6. 
National Electrical Code means the 2017 edition of the National Electrical Code as recommended by the National Fire Protection Association and approved by the American Standard Association and the National Board of Fire Underwriters.
7. 
Premises means a lot, tract or piece of real estate, a house or building (public, private, commercial or residential) and its land, private or public streets, roadways, parks, alleys, etc.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
All of the provisions of this Chapter shall apply to all persons, companies, corporations, firms, associations and governmental agencies except as specifically exempted by written agreement or franchise with the City.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
In the installation and maintenance of electrical wiring systems and apparatus, the National Electrical Code shall be the minimum requirements permitted within the scope of this Chapter unless otherwise specifically covered herein.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
All materials and apparatuses used in electrical installation shall conform with applicable standards of a nationally recognized certification agency and bear the certification agency's label or have the approval of the Building Official of the City of Midland.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
It shall be unlawful for any person to install or use any electrical apparatus, material, appliance or fixture in connection with wiring of any kind in the corporate limits of the City of Midland, Texas, unless such apparatus, material or fixture meets the requirements of a nationally recognized certification agency and bears the certification agency's label or unless the Building Official or Construction Board of Appeals issues a written approval.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
It shall be unlawful for any person to interfere in any manner with any electrical wiring being installed on any premises or in any building during construction. In inspecting the electrical wiring of any building or premises, the electrical inspector shall leave a tag or notice attached to the service entrance switch. This notice shall state clearly if the wiring is approved or is to be kept open for further inspection. No person shall lath, sheetrock, insulate, seal or in any manner conceal any wiring until he has been informed that such wiring has been approved by the electrical inspector. The general contractor or owner shall be held responsible for any violation of this Section and shall be liable to the penalties provided herein.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
It shall be unlawful for any person or any public service company serving the City to connect electricity to any premises of any nature, kind or description, without first obtaining a clearance from the electrical inspector. A single family residential primary structure and all accessory structures associated with the primary structure shall be served by a single electrical service.
Whenever service is discontinued for any building and/or premises (except a private residence, duplex, living quarters of apartments or mobile home park space, where service is carried over for a continuing occupancy, or nonpayment of bill) a clearance will be necessary before reconnecting. This shall mean that any time premises are vacated the electrical inspector must satisfy himself that no Code violation exists. If the local electrical utility provider removes an electric meter from any building in the City for any reason and requires an inspection to be made before reinstalling said meter, then an inspection will be made, and a fee will be charged. There will be a charge per the current adopted fee schedule ordinance for a clearance for a residential structure and such clearance will be issued as often as required. A commercial structure will be cleared via the use of a certificate of occupancy, which must be signed by the owner/manager of a building or his agent. There is a charge per the current adopted fee schedule ordinance for the issuance of a certificate of occupancy.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
All wiring methods approved by the National Electrical Code are hereby adopted with the following exceptions:
(A) 
No conductor smaller than size number 12 wire shall be permitted in any type of electrical installation that exceeds 100 volts to ground except in control circuits.
(B) 
No aluminum wire conductor smaller than size number one-zero (1/0) shall be used on premises wiring within the corporate limits of the City of Midland, except overhead exterior (aerial) circuits may use aluminum wire conductor that meet National Electrical Code sizing requirements.
(C) 
Branch circuit.
All residence branch circuit conductors shall be 20 ampere capacity and shall be protected by 20 ampere circuit breakers or 20 ampere fuses of the tamper-proof type. Larger branch circuit protectors shall be allowed only on special purpose circuits.
(D) 
Future circuits.
There shall be a minimum of two three-fourths inch conduit or electrical metallic tubing from lighting panels with 20 or more breaker switches and there shall be a minimum of one three-fourths inch conduit or electrical metallic tubing from lighting panels with less than 20 breaker switches.
(E) 
Residential services.
All meter locations shall conform to the latest electric utility provider guidelines and specifications which are hereby adopted, a copy of which is on file with the City Secretary, when such locations are in agreement with the National Electrical Code or the provisions of this Chapter. A single family residential structure and its accessory structures shall be served by a single service.
(F) 
Weather-proof main disconnects shall be installed outside on all new residence and apartments and on service changes to residences and apartments.
(G) 
Not more than six consuming outlets (plugs and lights) on one 20 ampere circuit shall be installed in commercial buildings within the City limits of Midland, except as designed by a State of Texas licensed electrical engineer. Circuits with lighting only shall be installed according to the National Electrical Code.
(H) 
Not less than 24 inches of each conductor shall be left at the service head for connection to the service drops and the neutral conductor shall be permanently identified.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
(A) 
Buildings moved into the City.
Wiring in any building moved into the City limits of Midland, Texas, shall be installed in a manner prescribed for its classification as to use or occupancy and must meet all requirements of the National Electrical Code and the City of Midland Electrical Code.
(B) 
(Reserved)
(C) 
(Reserved)
(D) 
Change of use of single family residence or duplex.
Whenever the use of a single family residence or a duplex is changed from residential use to any type of commercial use, the building must meet all requirements of the National Electrical Code and the City of Midland Electrical Code.
(E) 
Wiring to be completed before service is connected.
Buildings, dwellings and premises shall be wholly and completely wired, equipped and approved for permanent electric service before connecting to or being supplied by a source or supply of electricity. Temporary connection to a permanent service installation may be made by proper application to the Code Administration Division.
(F) 
Temporary lighting and power installation.
Temporary lighting and power installations on premises which are used for the display of merchandise or for public or private gatherings shall have all wiring and equipment completed before connection is made to the temporary service equipment by the electricity supply agency. All such wiring shall meet clearance requirements and all other requirements of this Chapter.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
No person, company, firm, partnership or corporation shall begin work on any electrical installation within the corporate limits of the City of Midland, Texas, without first securing a permit, provided, however, that no permit shall be required for minor work such as repairing flush switches, replacing fuses, changing lamp sockets and receptacles. Permits will be issued to such master electricians who qualify under the provisions of this Chapter or to his duly authorized representatives, and to homeowners who qualify as set forth herein. When a qualified person, company, firm, partnership, corporation or homeowner fails to obtain a permit before commencing work on such job, such person, company, firm, partnership, corporation or homeowner becomes liable for a double charge for the permit and/or other penalties as set forth in this Chapter.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Homeowners and holders of a license shall make application for a permit to the Code Administration Division. Upon proper application for a permit and after payment of the required inspection fee, the Code Administration Division shall issue to the applicant a permit for the proposed installation.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Nothing herein shall be construed to prevent the issuance of a permit to owners of single unit dwellings, provided that said owners live in said single unit dwellings and further that they comply with the provisions as set out herein, and all other applicable provisions of this Chapter and sign the required affidavit when applying for the permit. A homeowner's affidavit shall indicate that he is the owner of such property, that he does live there and will perform all of the electrical construction himself; however, he may have assistance provided that he is physically present on the premises while such work is performed. A homeowner shall not install wiring in any portion of a duplex, triplex, apartment, commercial, retail, industrial or in any rental property of any description.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Whenever a permit holder desires to complete any work which has been stopped for any reason he may do so provided that he has made the necessary correction and will comply with the provisions of this Chapter. No additional fee will be required for that portion of the work for which a fee has already been paid.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Permits may be granted for temporary services to any licensed master electrician for a pre-determined and limited time by application for a temporary permit and the payment of the proper inspection fee.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Additional work during construction and before final inspections may be added to the original permit as an add-on at the regular item price by obtaining and paying for an add-on permit.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
There shall be a rough-in inspection where required and a final inspection of each installation. Extra inspections will be required as necessary, based on the scope of the project. Inspections shall be made and approved before proceeding with work or an installation or concealing such work or installation.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
When any electrical work covered by this Chapter is reported to the electrical inspector as ready for inspection, and upon such inspection, the electrical work does not meet all requirements of this Chapter, the permit electrician shall be notified by tag of the defects existing and he shall correct such defects promptly and request a re-inspection by the electrical inspector.
If for reason of faulty work, negligence or omission, changes or additions are required by the inspector or if an incorrect address is given which necessitates an additional trip by the inspector, a re-inspection fee per the current adopted fee schedule ordinance will be charged for each extra trip.
This rule shall not apply where periodical inspections are required during the progress of construction.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Where electric wiring or apparatus is to be hidden from view by the permanent placement of parts of a building or otherwise concealed, the permit holder shall notify the Inspector and have an inspection made, and such wiring or apparatus shall not be concealed by any person until it has been inspected and approved.
In the event that such wiring or apparatus has been concealed, the electrical inspector shall have the authority to require the removal of such concealing parts for inspection and require a re-inspection permit and fee.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
New construction, additions, alterations and repairs. No fee shall be paid pursuant to this Section for permits issued for electrical work in connection with the construction of new buildings or structures, or for additions, alterations or repairs where a building permit is required. The Building Code, Section 4-1-3 of the City Code, as amended, provides for the payment of a composite fee at the time of application for a building permit to cover the cost of all permits to be issued in connection with such construction. Fees shall be per the current adopted fee schedule ordinance.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
Any person, company, firm, partnership or corporation who violates any of the terms or provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided for in Section 1-3-1 of the City Code.
(Ordinance 9926, sec. 1, adopted 5/28/2019)
All provisions of this Chapter shall apply to all person, companies, firms, partnerships or corporations and to all government agencies except as specifically exempted by written agreements or franchise with the City of Midland, Texas.
(Ordinance 9926, sec. 1, adopted 5/28/2019)