Ordinance 1993-02
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1990
EDITION OF THE NATIONAL ELECTRICAL CODE, AMENDING SECTIONS 4.01
THROUGH 4.55, INCLUSIVE, REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has heretofore adopted, by Ordinance 88-28, and has in force the 1987
edition of the National Electric Code, as now existing in Section 4 of Chapter 3 of the Wylie
City Code; and,
WHEREAS, an updated 1990 edition of the National Electrical Code has been promulgated
and is available for use by municipalities and other entities; and,
WHEREAS, the building official for the City has reviewed the 1990 edition of the said
National Electrical Code, and recommends adoption of the same, with certain amendments or
modifications; and,
WHEREAS, in conjunction with the adoption of said code the building official has further
recommended that certain other changes to Section 4 of Chapter 3 of the Wylie City Code be
made; and,
WHEREAS, the City Council has determined, in its legislative capacity, that adoption of
such code and changes to the Wylie City Code both further the best interests of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Sections 4.01 through Section 4.55, inclusive, of Chapter 3 of the Wylie City Code be,
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and they hereby are, deleted in their entirety, and the following sections be, and they hereby are,
substituted therefore:
"4.01 The National Electrical Code, 1990 Edition, one copy of which being on file in the
City Secretary's office, for reference, is adopted as part of the City Electrical Code, and the
same is incorporated herein by reference, the same as if it was fully copied herein, except and
to the extent the provisions thereof conflict with other provisions of this section, and except the
following section of said Code which are modified as follows:
Article 110-5 Conductors amended to read:
" Conductiors used to carry current shall be of copper. "
Article 230 - 4O(b) Amended to read:
" Auxiliary gutters are permitted in conjunction with distribution cans.
tops and splices are prohibited in the auxiliary gutters."
Article 305-6 Amended to read:
" Reserved"
Article 310 - 2(b) Amended to Read:
"Conductor material. Conductiors in this article shall be copper. "
Article 334 - 20 Amended to read :
"Conductors. Conductors shall be copper. The minimum conductor size
shall be No. 18 copper."
Article 440 1 11 Amended to read:
"The provisions of Part B are intended to require disconnection means capable
of disconnection air conditioning and refrigerating equipment including motor-
compressors, and controllers, from the circuit feeder. See Diagram 430-1.
Air conditioning condensing units final connection shall be made with liquid
tight flexible conduit.
4.02
Restriction on Buildin~ Inspection Employees
An employee of the Building Inspection division shall not be
financially interested in the furnishing of labor, material, or
equipment for the installation, alteration, or maintenance of
electrical wiring, fixtures, or equipment or in the making of
plans or specifications thereof, unless he or she is the owner of
the property on which the installation exists or is planned to
take place.
4.03 Applications for Electrical License
(a) The Board shall authorize a written licensing
examination for the purpose of testing qualified
applicants upon their knowledge of the electrical code.
A grade of not less than 70% shall be considered as
passing on the exam.
(b) I nter-ci ty Li cens i n~ A~reements. The Board sha II be
authorized to enter into agreements of licensing
reciprocity with other cities. The terms and
conditions of this agreement, as specified by Section
4.03 (j), may exempt currently licensed electrical
personnel, licensed by participating cities, from
taking an examination.
(c) Issuance of License. A license of proper
classification as required by this chapter, may be
issued by the secretary of the Board upon the
applicants successful fulfillment of all requirements
of this chapter governing qualifications, examinations,
and fee payments along with the approval of the Board.
(d) License Suspension and Revocation.
(A) The Board shall have the authority to suspend or
revoke any license or registration upon conviction
of the holder for any of the following:
(1) The practice of fraud or deceit in obtaining
a I icense, contractors registration, or
electrical permit; or
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(2) Any negligence, incompetence, or misconduct
in the performance of electrical work within
the City; or
(3) A continuing violation of any provision of
this chapter.
(B) Before a license or registration may be suspended
or revoked, the Board, acting upon a signed
affidavit, shall investigate the charges, causing
notice of the charges and the date set for hearing
to be set, by registered mail to the licensee or
registration holder at least 15 days prior to the
date set for the hearing. If the Board finds the
charges to be true, or if the licensee or
registration holder pleads guilty, the Board may
order the license or registration suspended or
revoked. The suspension or revocation of a
license or registration shall not relieve any
person from complying with this chapter, nor from
any other penalties prescribed by this chapter or
by law.
(e) License and Contractor Registration.
(A) No person, firm or corporation shall engage in the
business of electrical construction, or install,
augment, alter or maintain any electrical
equipment or system within the City without first
obtaining a current license and contractor
registration as required by this chapter.
(B) Any person, firm or corporation performing any
electrical work within the City without possessing
a current license and registration shall be
subject to an investigation fee for both license
and registration. The investigation fee will be
assessed at the same rate and in addition to the
license or registration fee. The payment of
investigation fees shall not relieve any person
from complying with this chapter, nor from any
other penalties prescribed by this chapter or by
law.
(f) Application. An application for a license required by
this chapter shall be filed with the secretary of the
Board no later than the last working day of the month
before the next scheduled examination. Such
applications shall be on forms prepared and furnished
by the City. Each applicant shall state in writing and
under oath the information required, in order that the
Building Official may determine if he has the
qualifications prescribed by this chapter.
(g) Prerequisites of Specific Applicants.
(A) Electrical Contractor. An electrical contractor's
registration, enabling the holder to secure
permits for and engage in the business of
installing, augmenting, altering or maintaining
electrical equipment and systems, shall not be
valid unless:
( 1)
The business
electrician,
this chapter;
is qualified
licensed under
by a master
provisions of
a. is an owner or full-time employee of the
business; and
b. actively supervises the daily operation
of the business; and
c. is not engaged in or employed by any
other electrical business at the same
time that the electrical contracting
business is performing electrical work
within the City.
Exception:
(2)
A master electrician
than one electrical
one time.
shall not qualify more
contracting business at
(3) The electrical contractor and master
electrician qualifying the business shall be
jointly responsible for the following:
a. Obtaining and paying for permits; and
b. Having a licensed electrician, licensed
under the provisions of this chapter, on
each job, supervising the work
undertaken by the electrical contracting
company; and
c. Correcting any deficiencies, errors, or
defects in any installation within this
jurisdiction.
(B) Master Electrician Qualifications. Each applicant
for a masters license shall have an active
journeyman's license for one (1) year.
(C) Journeyman Electrician Qualifications. An
applicant for a journeyman electrician's license
shall have had at least four (4) years experience
in electrical construction. Applicants for a
license as a journeyman electrician shall file
with the application affidavits from present or
past employer's showing not less than four (4)
years experience in the installation, alteration
or maintenance of electrical equipment. One half
the time spent in attendance with a passing grade
at an electrical technical school or college with
courses related to the electrical trade may be
considered toward satisfaction of the required
four years experience.
(h) Examinations Administered. All qualified applicants
for electrical I icense shall take a written
examination. the examination shall test the applicants
upon matters relating to their knowledge, ability, and
application of the electrical code and electrical
trade. The applicant shall score not less than seventy
(70) percent on the examination to pass.
(i) Homeowners Ri~hts. Nothing herein shall prohibit any
home owner from personally installing electrical
conductors or equipment within his own premises;
providing that the owner applies for and secures a
permit; pay required fees; does work in accordance with
this chapter; requests inspections of his work during
the process of the installation; and receives final
approval of his work upon completion.
(j) Reco~nition of Re~istrations and Licenses of
Electricians From Other Cities. Any person holding a
currently valid electricians license in another city
may apply for and receive a similar license in the City
of Wylie without taking a test provided the following
conditions are complied with:
(A) He shall submit evidence satisfactory to the
Building Official that his license was issued
under conditions not less restrictive than
required by this chapter for such a license and
that an electrician holding a license issued by
the City of Wylie would be permitted to apply for
and receive a similar license in such other city
under reciprocal conditions.
(B) He shall pay the proper fee required and comply
with all other provisions of this chapter.
(k) Not Transferable.
transferable.
No license or registration shall be
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(I) Expiration and Renewal.
(A) All licenses issued shall expire at 12:00
midnight, December thirty-first of each year, and
shall be renewed on or before such date by payment
of the prescribed fee.
(B) Any license which has expired for more than sixty
(60) days shall be considered as that of a new
applicant and the applicant shall have to comply
with all provisions of this chapter applicable to
the issuance of a new license.
SECTION II
That unless otherwise specifically stated the penalties for violations of this ordinance shall
be determined by the General Penalty for Violation of Code, as the same now exists or is
hereafter amended, in Section 1.06 of Chapter 1 of the Wylie City Code.
SECTION III
That any portions of Ordinance 88-28 pertaining to the provisions hereof, is hereby repealed,
if not heretofore repealed and Ordinance 85- 7 is repealed in its entirety.
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSE, AND APPROVED by the City Council of the City of Wylie, Texas, this
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