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Ordinance 1994-53 Ci ORDINANCE NO. 1 ~/ f.) ") j AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE, AMENDING SECTIONS 4.01 THROUGH 4.55, INCLUSIVE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has adopted the 1990 Edition of the National Electrical Code, as the same appears in Section 4 of Chapter 3, of the Wylie City Code; and, WHEREAS, an updated version, known as the 1993 Edition of the National Electrical Code has been promulgated and is available for use by other municipalities and entities; and, WHEREAS, the building official for the City has reviewed the 1993 Edition of the National Electrical Code and recommends adoption ofthe same by the City of Wylie; 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 furthers the best interest of the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Section 4.01 through 4.55, inclusive, of Chapter 3 of the Wylie City Code, be, and it hereby is, deleted in its entirety and the following provision substituted therefore: "4.01 National Electrical Code Adopted That certain documents, one (1) copy of which is on file in the office of the Building Official of the City of Wylie being marked and designated as 'National Electrical Code', 1993 Edition, is adopted as part ofthe 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: "Conductors used to carry current shall be of copper. II Article 210-61 (ADD) Other than dwelling units. liThe following listed buildings shall have a minimum of one (1) receptacle installed for every twenty (20) lineal feet measured horizontally around the interior wall at the floor level of each room, excluding storage rooms: (1) Office buildings (2) Store buildings (3) Restaurants (4) Taverns (5) Bank buildings (6) Mechanical garages (7) Studios Article 230-40(b) Amended to read: "Auxiliary gutters are permitted in conjunction with distribution cans. Tops and splices are prohibited in the auxiliary gutters. II Article 31 0.2(b) Amended to read: "Conductor material. Conductors 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 BuUdini! Inspection Em~lovees An employee of the Building Inspection division shall not be financially interested in the furnishing oflabor, 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) Inter -city Licensing Agreements. The Board shall be authorized to enter into agreements of licensing reciprocity with other cities. The terms and condition of this agreement, as specified by Section 4.03 0), 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 offraud or deceit in obtaining a license, contractors registration, or electrical permit; or (2) Any negligence, incompetence, or misconduct in the performance of electrical work within the City; or (3) A continuing violation of any provisions of the 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 bylaw. (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 the 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 ifhe 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 business of installing, augmenting, altering or maintaining electrical equipment and systems, shall not be valid unless: (1) The business is qualified by a master electrician, licensed under provisions of this chapter; a. is an owner or full-tine 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 shall not quality more than one electrical contracting business at one time. (3) The electrical contractor and master electrician qualitying 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, error, or defects in any installation within this jurisdiction. (B) Master Electrician Oualifications. Each applicant for a masters licenses shall have an active journeyman's license for one (1) year. (C) Journeyman Electrician Oualifications. 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 that 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 (4) years experience. (h) Examinations Administered. All qualified applicants for electrical license 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 that seventy (70%) percent on the examination to pass. (i) Homeowners Rights. 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. G) Recognition of Registrations 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. No license or registration shall be transferable. (l) Expiration and Renewal. (A) All licenses issued shall expire at 12:00 midnight, December thirty-first (31 st) 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 Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. SECTION III That Section 4.01 through 4.55 (inclusive) of Chapter 3 of the Wylie City Code is hereby repealed. 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 January 1, 1995 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 inconsistency 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, or 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, moditying 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 PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1994. 7 By / ~ ;J, .!tvJ;j /'James D. Swartz 1/ Mayor "- ATTEST m~ 11t'~ Mary Nichols City Secretary Approved Steven P. Deiter City Attorney