Loading...
HomeMy WebLinkAboutPO 7193: REPEALING CHAPTER 18 ARTICLE III AND ADOPTING THE 2020 EDITION OF THE NATIONAL ELECTRICAL CODE it City of ort rthu T www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF INSPECTIONS AND PERMITTING INTEROFFICE MEMORANDUM Date: October 27, 2023 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Development Services RE: P.O. NO. 7193 — An Ordinance Repealing Chapter 18 Article Ill and Adopting the 2020 Edition of the National Electrical Code. Introduction: This agenda item intends to seek the City Council's approval of P.O. NO. 7193, an Ordinance Repealing Chapter 18 Article Ill and Adopting the 2020 Edition of the National Electrical Code. Budget Impact: None Recommendation: Staff recommends that the City Council adopt P. O. No. 7193, amending Chapter 18, Article III — Building Code, of the Code of Ordinances thereby adopting the 2020 Edition of the National Electrical Code (NEC); and providing for a penalty, for publication and for an effective date. This will ensure safer construction standards for the City of Port Arthur. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O.NO.7193 10/25/2023-PV PAGE 1 OF 5 NO. AN ORDINANCE REPEALING AND REPLACING CHAPTER 18, ARTICLE III - ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE 2020 EDITION OF THE NATIONAL ELECTRICAL CODE (NEC); PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION WHEREAS, Chapter 18, Article III — Electrical Code, of the City of Port Arthur's Code of Ordinances sets forth requirements for construction; and it contains the specific codes and ordinances that make up the Electrical code; and WHEREAS, the City Council deems it in the best interest of the citizens of the City of Port Arthur to adopt the National Electrical Code, 2020 Edition, and may make variations thereof that do not substantially vary from the rules or laws of this State; and WHEREAS, the City Council of Port Arthur deems it in the best interest of the citizens of the city to adopt the National Electrical Code, 2020 Edition with the exceptions thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City of Port Arthur hereby repeals and replaces the existing Article III Electrical Code of Chapter 18 — Buildings, thereby adopting the National P.O.NO.7193 10/25/2023-PV PAGE 2 OF 5 Electrical Code, 2020 Edition (NEC), as delineated in Exhibit A, and the red-lined version shows the amendments in Exhibit B. Section 3. THAT all ordinances or parts of ordinances in conflict herewith are herein repealed, but only to the extent of said conflict. Section 4. THAT any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be guilty of a misdemeanor and shall on conviction thereof be fined in any sum not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00) Dollars as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5. THAT this Ordinance or its caption and penalty shall be published one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after date of publication. Section 6. THAT a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of November, A.D.2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: P.O. NO.7193 10/25/2023-PV PAGE 3 OF 5 NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: V i �it- ey Valecia ,, al Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, City Manager Pamela D. Langford, Assistant City Manager-Operations/ Director of Development Services P.O. NO.7193 10/25/2023-PV PAGE 4 OF 5 Exhibit "A" • ARTICLE III. - ELECTRICAL CODE • DIVISION 1. - GENERALLY • Sec. 18-71. - RESERVED • Section 18-72. - Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning and except such portions as are herein deleted, modified, or amended, of which code not less than one copy has been and now is filed in the Office of the City Secretary of the City of Port Arthur and the same is hereby adopted and incorporated as fully as if set out in at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the City of Port Arthur. The National Electrical Code 2020, is specifically adopted with the following exceptions: Electrical inspector means an individual who has been designated by the city, under the provisions of this Code, as an electrical inspector (also referred to as "inspector") and holds a certificate of competence from the International Code council and is also licensed by the state electrical safety and licensing board. Electrician means: (1) Qualified electrician. Any person engaged in or carrying on the business of electrical contracting who holds a certificate of competency of master electrician issued by the state of Texas electrical safety and licensing board. (2) Journeyman electrician. Any person who holds a certificate of competency of journeyman electrician issued by the state of Texas electrical safety and licensing board. (3) Limited electrician (sign). Any person who is engaged in the business of manufacturing or installation of electric signs shall be licensed by the state of Texas electrical safety and licensing board. (4) Maintenance electrician. An electrician regularly employed on a permanent basis by any person and who performs work only in the confines of the building or in or on the premises where he is regularly employed on a permanent basis, and who does electrical work (maintenance) as defined in this section. Main line disconnect means a rain-tight device of a design approved for electrical service and for the prevailing conditions under which it will be used, and which is capable of disconnecting all enlarged conductors from a building's source of electrical supply shall be located on the outside of a building. Maintenance and repair means the act of keeping in a state of safe operating condition any conductor or place of equipment used inside or outside, attached or connected to any building's electrical system, but shall not include extensions of or additions to an existing system or branch of such a system. One- or two-family dwelling unit electrician (residential wireman) means an individual who has passed the state of Texas residential wireman electrician's test and is licensed by the state of Texas electrical safety and licensing board. Outside electrical work means the installing, maintaining, altering, repairing or erecting of any electrical wiring, apparatus, devices, appliances, fixtures or equipment located outside of and separate from buildings and on poles, towers or others exclusively for the support of such electrical wiring, apparatus, devices, appliances, fixtures or equipment for which a permit is required under the terms of this code, except that overhead conductors may be attached to buildings. Outside of a building means beyond the limits of a building's walls or porches whether open or closed. Registered Electrical Contractor means a contractor that has provided required documentation to The City of Port Arthur that includes, State contractor's license, Master electrician's license, liability insurance with the City of Port Arthur named as certificate holder, and who's name is carried on the records of the building official as a person authorized to do electrical work as defined in this code. Only a State of Texas Licensed electrical contractor may apply for and obtain permits in the City of Port Arthur. Cross reference— Definitions generally, § 1-2. • Sec. 18-73. - Purpose of code. The purpose of this electrical code is the safeguarding of persons, buildings and their contents from electrical hazards arising from the improper use of electricity for light, heat, power, radio, signaling and for other purposes. • Sec. 18-74. - Scope of code; application generally. The provisions of this electrical code shall apply to all installations of and work done on electrical conductors, fittings, devices, motors, controls, appliances, fixtures, electronic devices, signs and gaseous tubing, referred to in this article as "electrical equipment", within or on public and private buildings and premises, with exceptions as provided in this section: (1) On all installations of electrical conductors or equipment hereafter made, all existing installations which are altered, or for which the use has changed, all work shall be done in a manner that will conform with the requirements for a sufficient and safe electrical structure and system under this code. (2) Repair and maintenance work shall be such that if any electrical conductor or equipment is removed and later replaced such conductor or equipment shall be replaced in accordance with the provisions of this code. • Sec. 18-75. - Applicability of code provisions to public utilities. (a) The provisions of this electrical code shall not apply to installations used by or made for electricity supply or communication agencies in the generation, transmission or distribution of electricity or for the operation of signals of the transmission of intelligence and located within or on buildings or premises used exclusively by such agency or on public thoroughfares or to installations by communication agencies and their employees or to those engaged in making installations for communication agencies in connection with the operation of such agencies and the rendition of communication and signal service to the public. All such installations when done according to the provisions of the 2020 National Electrical Code will be prima facie evidence that such installations conform to the provisions of this code; provided, however, that such agencies excepted are operating under a valid franchise agreement with the city. (b) Any franchised electrical utility company may adopt reasonable rules and regulations for the conduct of its business, provided that such rules and regulations shall be applicable to all customers alike; and further provided, that where any provisions of such rules and regulations are in conflict with the provisions of this code, this code shall prevail. • Sec. 18-76. - Applicability of code provisions to industries. The provisions of this electrical code shall not apply to installations used by or made for industries generating their own power and having a generating capacity over 25,000 KVA, and located within or on buildings or premises comprising these industries, or to their employees, or to agencies in connection with repairs to, or making installations at, these respective industries. The fact that all such installations, used by or made for such industries, follow the provisions of the National Electrical Code conclusively evidences their conformity with the provisions of this code. • Sec. 18-77. - Enforcement. The administration and enforcement of this electrical code shall be the responsibility of the department of the city to which the electrical inspector is assigned. • Sec. 18-78. - Responsibility for safe work. The electrical regulations of this electrical code shall not be construed to relieve from or lessen the responsibility or liability of any persons owning, operating or installing electrical conductors, devices, appliances, fixtures, apparatus, motors or equipment for damages to persons or buildings caused by any defect therein by reason of the inspection authorized in this article or the certificate of approved inspection issued by the electrical inspection section as provided in this article; nor shall the city be held liable for any damages by reason of the enforcement of this code. • Sec. 18-79. - Service of notices and order. (a) Stop work orders. Any order to discontinue work, or other stop work order, as provided in this electrical code, shall, when practicable, be delivered in person to the electrician on the premises, or to the owner or his agent. All such orders shall also be posted in a conspicuous place on the subject premises. Such posting upon the subject premises shall constitute service of notice upon all interested parties. (b) Other orders, denials, revocation notices, suspension notices. Service of any other order, denial of permit, notice of revocation or suspension of registration, or other written notice required under the provisions of this code shall be perfected by delivering such written notice, or a copy, in person to the persons required to be notified. In cases where such personal service is either impracticable or impossible, the notice shall be sent by registered mail or certified mail to the most recent known address of the persons required to be notified. If such service by mail is unsuccessful or impossible, the notice shall be by publication on two separate days within seven consecutive days in the official newspaper of the city, and return made in conformity with the provisions of the state statutes governing service of citation by publication. • Sec. 18-80. - Supervision of work. (a) Responsibility for work. In the actual work of installing, maintaining, altering or preparing of any electrical conductors of equipment for which a permit is required by the electrical code, there shall be in direct supervision a qualified or journeyman electrician. It shall be required that a qualified or sign electrician, as the case may be, is liable and responsible for the layout and technical supervision of any work which requires the securing of a permit, and a qualified or journeyman electrician shall not supervise at the job site more than two nonqualified electricians. (b)Stop work order. Should it come to the notice of the electrical inspector that such supervision and control are not being maintained, the inspector may order the work to be discontinued, by posting a stop work order in the manner provided in subsection 18-78(a), and the person to whom the permit has been issued shall discontinue further work until proper supervision has been supplied. • Sec. 18-81. - Penalty for violation of article. (a)It shall be unlawful for any person to violate any provision of this article. Violation of any of the terms or provisions of this electrical code by any corporation or association shall subject the officers and agents actively in charge of the business of such corporation or association to the penalties provided in this section. Any violation shall be a misdemeanor and shall be punishable for a fine (as outlined in the table below). Each day the violation shall continue shall constitute a separate offense. (b)Except as otherwise provided in this article, the minimum fine schedule for conviction of a violation shall be as follows: Conviction Number Minimum Fine • One $100.00 Two 250.00 Three or more 500.00 • Secs. 18-82-18-100. - Reserved. • DIVISION 2. - INSPECTORSL • Sec. 18-101. - Employing assistants; qualifications of inspectors. The Building Official may appoint electrical inspectors as shall be authorized from time to time. Electrical inspectors shall have such executive ability as is required for the performance of their duties; shall have a thorough knowledge of the standard materials and methods used in the installation of electrical conductors and equipment; and they shall be well versed in approved methods of construction for safety to persons and property, and in the provisions of the 2020 National Electrical Code. Inspectors shall hold a valid Texas electricians license of at least journeyman status issued by the Texas department of Licensing and regulation. • Sec. 18-102. - Prohibited interests. It shall be unlawful for city electrical inspectors to recommend the use of any electrical contractor or to engage in the business of the sale, installation or maintenance of electrical conductors, devices, appliances, apparatus, fixtures or other electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business at any time while in the employ of the city as electrical inspectors. (Code 1961, § 6-39) • Sec. 18-103. - Liability. Where action is taken by the electrical inspector to enforce the provisions of this electrical code, such action shall be in the name and on behalf of the city, and the inspectors in so acting for the city shall not render themselves personally liable for any damage which may accrue to persons or property as a result of an action committed in good faith in the discharge of their duties. Any suit brought against any inspector by reason of such actions on behalf of the city shall be defended by the city attorney until final determination of the proceedings contained in this article. (Code 1961, § 6-40) • Sec. 18-104. - Duties. The electrical inspector shall have the following duties: (1) He shall enforce the provisions of the electrical code. (2) He shall make inspections of all electrical work as provided in this code. (3) He shall keep on file a copy of the National Electrical Code which shall be accessible for public reference during regular office hours. (Code 1961, § 6-41) • Sec. 18-105. -Authority. (a) Right of entry for inspection. Electrical inspectors shall have the right to enter any building at reasonable times as may be necessary to perform the inspections described in the code of ordinances. (b) Entry by written consent of property owner; warrant. In order to perform any inspection not provided for in such sections, the electrical inspector shall first obtain written consent from the owner of the premises to be inspected or his duly authorized agent, which instrument shall specify location, purpose and time of inspection. Without such written consent, the electrical inspector shall procure a proper warrant from a magistrate before entering upon premises for inspection purposes. (Code 1961, § 6-42) • Sec. 18-106. - Passing upon questions. The electrical inspector shall have power, and it shall be his duty, subject to the provisions of law and of this electrical code, to pass upon any question relative to the designs mode, manner of construction or material to be used in electrical installations hereafter constructed, enlarged, altered, moved, repaired or converted within the city which is affected by the provisions of this code, or any existing law applicable to the city relative to electrical installations, and to require that such design mode, manner of construction or materials shall conform to the true intent and meaning of the several provisions of this code. (Code 1961, § 6-43) • Sec. 18-107. -Appeal from decisions of electrical inspector. (a) Right of appeal. Whenever the electrical inspector to whom such question has been submitted shall reject or refuse to issue an electrical permit, or to approve the design, mode, manner of construction or materials proposed to be followed, or used in the electrical installation to be constructed, enlarged, altered, moved, repaired or converted, or when the owner claims that the rulings of the electrical inspector or the provisions of this electrical code do not apply, or that a more desirable and equally safe form of construction of electrical installation from the owner's point of view can be employed in any specific case, or whenever the owner of any building or structure in which electrical installations are being constructed shall object to any decision given by the electrical inspector, the owner or his duly authorized agency may appeal from the decision of such electrical inspector through the construction board of adjustment and appeals, as provided in the building code of the city. (b) Procedure for appeal. The owner or his duly authorized agent who appeals a decision of the electrical inspector under this section shall deliver his notice of appeal in writing, within ten days of such decision by the electrical inspector, addressed to the Construction Board of Adjustment and Appeals, City Hall Building, 444 4th Street, Port Arthur, or, on the alternative, hand- delivered to the building official. Ten days after such decision, if neither the construction board of adjustment and appeals nor the building official has received such notice of appeal, the decision of the electrical inspector shall become final. The provisions of this subsection shall not be construed to apply to stop work orders pursuant to this code. (c) Stop work orders. In order to appeal a stop work order, the affected party must serve written notice of appeal to the building official at city hall, within five working days of perfection of service of the stop work order upon the subject premises. During the time of appeal, no work shall be conducted in contravention of the stop work order. (Code 1961, § 6-44; Ord. No. 00-60, § 2, 10-3-2000) • Sec. 18-108. - Placement of transformers. Electrical companies shall not require its residential customers to place transformers in their front yards at more than one transformer per three lots unless there is no other feasible location as to provide electrical service. (Ord. No. 05-02, § 2, 1-04-2005) • Secs. 18-109-18-130. - Reserved. • DIVISION 3. - REGISTRATION • Sec. 18-131. - Cross reference— Boards, authorities, commissions and committees, ch. 14. • Sec. 18-132. - reserved • Sec. 18-133. - reserved • Sec. 18-134. - Registration required; unauthorized use of terms. (a) It shall be unlawful for any person to engage in the business of installing, maintaining, altering or repairing of any wiring, fixtures or equipment used for conducting of electricity for which a permit is required by this electrical code, nor shall any person in any manner undertake to execute such work unless such person is holder of certificate of registration as required by this code. (b) It shall be unlawful for any person to falsely represent himself as a registered electrician of any class set forth in this code or to use the words "electrical contractor," "master electrician," "electrician," or words of similar import or meaning, on signs, cards, stationery or by any other manner whatsoever, unless such person is properly registered within the meaning of this code. (Code 1961, § 6-58) • Sec. 18-135. - Classifications. There shall be 2 classes of electrical registration which shall be listed in this section from highest classification to lowest classification and are set forth as follows: (1) Qualified electrician; (2) Limited electrician (sign); Sec. 18-136. - RESERVED • Sec. 18-137. - Registration not transferable. It shall be unlawful for any person to lend, rent or transfer his certificate of registration or any rights thereunder to any person, or for any person to make use of such rights which are not actually his own. (Code 1961, § 6-61) • Sec. 18-138. -Altering registration. It shall be unlawful for any person to alter or change in any manner any instrument of registration as set forth in this division. (Code 1961, § 6-62) • Sec. 18-139. - renewal of registration. Every registered contractor, such as an electrical contractor or limited electrical contractor (sign), shall renew registration with the City of Port Arthur on a yearly basis. (Code 1961, § 6-63) • Sec. 18-140. - Suspension; revocation. (a) The building official shall have the power to initiate proceedings to suspend or revoke the certificate of registration of any electrical contractor for the following reasons: (1) Fraud or misrepresentation in obtaining such certificate of registration. (2) Taking out electrical permits in one's own name to do electrical work and thereafter permitting a person without proper certification to do the work. (3) Gross negligence or incompetence in performance of electrical work under this electrical code. (4) Any willful violation of any provision of this code. (b) The building official shall perfect notice of proceedings under this section in the manner provided in subsection 18-78(b). Such notice shall advise the electrical contractor of his right to appeal in writing to the city's construction board of adjustment and appeals as specified in subsection 18-107(b). Such notice shall also inform the electrical contractor of the proposed suspension or revocation of the basis for such proceedings. (c) Any electrical contractor against whom suspension or revocation proceedings have been instituted as provided in subsection 18-140(a) may appeal to the construction board of adjustment and appeals. He shall deliver his notice of appeal in writing, within ten days of the date of service of notice is perfected as provided in subsection 18-140(b) and section 18-78. He shall address his notice of appeal to the Construction Board of Adjustment and Appeals, City Hall Building, 444 4th Street, Port Arthur, or, in the alternative, he may hand deliver such notice of appeal to the building official. Ten days after service of notice is perfected as provided in subsection 18-140(b) and section 18-78, if neither the construction board of adjustment and appeals nor the building official have received notice of appeal as provided in this division, the suspension or revocation shall become final. (d) The failure of an electrical contractor, against whom suspension or revocation proceedings have been instituted, to appeal (as provided in subsection 18-107(b)), shall constitute waiver of his right to appeal. Thereafter, his suspension or revocation shall become final when the time for appeal has expired. (Code 1961, § 6-64; Ord. No. 00-60, § 2, 10-3-2000) • Sec. 18-141. - RESERVED • Sec. 18-142. - Bond of Electrical contractor. All Electrical contractors registered under this electrical code shall be required to furnish and to keep in force each year during the life of his registration Liability insurance in the sum specified in Table I in section 18-37 and shall be conditioned that the holder will indemnify and hold the city harmless against all costs, expenses, damages and injuries sustained by such city by reason of the carelessness or neglect of such person in operating under this code. All such insurance certificates shall be approved by the city attorney as to form and shall be filed with the building official. (Code 1961, § 6-67) • Sec. 18-143. - Place of business. Every electrical contractor shall have and maintain an established place of business and shall have at such place of business a means of receiving telephone messages during regular business hours. (Code 1961, § 6-68) • Secs. 18-144-18-160. - Reserved. • DIVISION 4. - PERMITS • Sec. 18-161. - Required for each job. It shall be unlawful for any person to install, cause to be installed or permit to be installed any electrical wiring, fixtures or equipment, or to make any alterations, additions, changes or repairs within the scope of this electrical code, without first procuring a permit as prescribed in this division. (Code 1961, § 6-80) • Sec. 18-162. -Application; information. (a) Application by qualified electrician. A qualified electrician (Master electrician, or his duly authorized agent) shall make application for permits, for work on any type of structures inclusive of rental units, either in writing upon the forms provided by the building official for that purpose, or orally by telephone upon establishment of a suitable escrow account. An applicant must describe the character and kind of work to be done and furnish a detailed description of such work, including the following information: (1) Name and address of electrical contractor, firm or person desiring permit. (2) Name of owner of premises where work is to be done. (3) Street and number of such premises. (4) Kind of building. (5) A description of electrical fixtures and appliances to be installed. (b) Application by homeowner. Application by a homeowner for permits on his homestead, exclusive of any rental units thereon, shall be made in writing upon the forms provided by the building official for that purpose. With such application, there shall be filed 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, or the character of any repairs to any existing electric installation. Such application shall include the following information: (1) Street and house number; (2) Name of owner; (3) Kind of building; and (4) A list of electrical fixtures and appliances to be installed. The diagram or plans and application shall be referred to the building official, who shall have the authority to issue or refuse to issue a permit. (Code 1961, § 6-81) • Sec. 18-163. - Electrical permit fees. modifie• (a) Payment of fees by electrical contractors. Before proceeding with the work covered by the permit, the fees for the permit to do such work shall be deducted from an established escrow account, or payment shall be made at the same time the application is completed and approved. (b) Payment of fees by homeowners. Before proceeding with the work covered by a permit, the homeowner doing the work shall pay the fees for the permit as provided in this section. Homeowners shall also pay the inspection fees as provided in this section. (c) Schedule of permit and inspection fees. (1) The term "outlet" shall mean any point on a wiring system at which a switch is installed or electricity is taken from a circuit for light, power or any other purpose or service. (2) The term "outlet addition" or"outlet extension" shall mean any outlet installation made over and above the number as requested in the permit or as shown on the plans for new construction, or outlet installation extending from or added to old existing circuits, respectively. (3) Permit applications covering the installation of, or the wiring for, motors on any job shall specify each motor individually. No grouping of motors per machine, or other such grouping of horsepower, shall be permitted. (4) Permit fees for inspection of all electrical work and appliances shall be made and collected upon and in accordance with the following schedule: Service $35.00 Solar panels $35.00 Generator install $35.00 Each additional meters $35.00 Each outlet, switches and receptacles $2.50 Fixtures $0.50 Bells, buzzers and chimes $2.10 Range $2.50 Water heater $2.50 Dishwasher $2.10 Disposal $2.10 Attic fan $1.00* Dryer $2.50 Yard lamp each $2.50 Room a/c outlet $2.50 Space heating each outlet $5.00* Motors up to 5 hp $5.20 Over 5 hp $6.75 Electrical sign $35.00 Light and power panels except at point of service each $8.50 Each rectifier or transformer $5.70 Elevator, dumbwaiter, escalator $35.00 Gasoline pumps $35.00 Floodlight poles $15.00 Welding machine outlet $2.50 Change of service $35.00 Temporary service on pole $35.00 Reinspection $35.00 Move meter $35.00 Minimum permit fee $35.00 Reinspection for lights or change of service $35.00 Swimming pool Above ground $16.50 Swimming pool in Ground $75.00 (5) Any work undertaken by the following shall be exempt from permit fees: Jefferson County; City of Port Arthur; Housing Authority of the City of Port Arthur; Community housing development programs and subrecipients as it pertains to city housing programs. • Sec. 18-164. - Incomplete jobs. When one Electrical contractor completes the rough work, in whole or in part, on any electrical wiring or installation of fixtures or equipment, and a second Electrical contractor is called upon to complete the work, a separate permit is required for which regular fees shall be paid for work to be done. The electrical inspector shall inspect the subject premises before a second or subsequent permit is issued to determine whether the work previously performed meets all applicable standards. If the electrical inspector finds defects or substandard work or wiring, such defects or substandard work or wiring shall be corrected before new work may begin under a second or subsequent permit. No refund of fees shall be allowed in cases where multiple permits are issued. (Code 1961, § 6-83) • Sec. 18-165. -To whom permits issued. Permits shall be issued to Electrical contractors authorized to secure permits as set forth in this electrical code, or to their duly authorized agent. Electrical contractors shall certify their duly authorized agent to the building official in the form of an affidavit stating that such Electrical contractor assumes all and full responsibility for any permit taken out or applied for by such agent. This certification shall be kept in the building official's file after it has been approved by the city attorney. (Code 1961, § 6-84) • Sec. 18-166. -Time limitations. If electrical wiring, equipment work or installation of fixtures is not begun within 30 days of the issuance of a permit to perform such work, the permit shall become void. Thereafter, no work shall be performed until a new permit is issued and fees paid for such new permit in accordance with section 18-163. Under no circumstances shall permit fees be refunded on any permit which becomes void under this section. (Code 1961, § 6-85) • Sec. 18-167. - Revocation. The building official shall have the right to declare void or suspend any permit issued as provided in this division for the following reasons: (1) Willful misrepresentations of fact in acquiring such permit; (2) After a continuous 30-day period without substantial work performed under such permit, without reasonable excuse by the permittee or owner; (3) When it appears that work is not in substantial compliance with applicable standards. (Code 1961, § 6-86) • Sec. 18-168. - Obtaining by homeowners or renters. (a) Any person shall be permitted to do electrical work on such premises owned and occupied by him as a homestead, exclusive of any rental units thereon, and shall not be required to obtain a permit through a qualified electrician, but he shall have the right to apply in person for such permit without being a qualified electrician. (b) Owners of rental units shall not have the right to apply for a permit on such units, but must have such permit obtained by a qualified electrician. Owners may have such permit obtained by a duly qualified one- or two-family dwelling electrician. (c) Occupants of rental units shall not have the right to apply for a permit on such units but may, with the verified written permission of the property owner, have such permit obtained by an Electrical contractor. (d) The exception mentioned in this section shall not relieve any person attempting to perform work or do certain acts under this section from applying in person for a permit prior to the beginning of work; and, further provided, that all work and service done under this section shall at all times be subject to the inspection and approval by the electrical inspectors, in accordance with the terms of all valid city ordinances, laws, rules and regulations; further provided, that such person operating under this section shall comply with the ordinances, laws, rules and regulations as to types of material, quantity and quality as required by all inspections. (e) Any person mentioned in this section shall be required to pay the same permit and inspection fees as shall be required of any other person under the electrical code and building code of the city; provided, however, that no person may exercise the exception mentioned in this section, save and except on his own premises as was mentioned in this section. (f) Further, nothing in this section shall be construed to mean that anyone other than an Electrical contractor shall be allowed to make application for or obtain an electrical permit or do electrical work on any structure used, or intended for use, as a rental unit. (Code 1961, § 6-87) • Sec. 18-169. - Investigation fee for work done without permit. An investigation fee of$45.00 shall be charged for any work found to have been done without having first procured an electrical permit as required by section 18-161. (Code 1961, § 6-88; Ord. No. 00-60, § 2, 10-3-2000) • Secs. 18-170-18-190. - Reserved. • DIVISION 5. - INSPECTION • Sec. 18-191. - Certificate of approval before connecting. It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, devices of equipment on an installation for which a permit is required, as set forth in this electrical code, until a certificate of approval has been issued by the electrical inspector authorizing such connection and the use of such wiring, devices or equipment. (Code 1961, § 6-99) • Sec. 18-192. - Rough inspection; faulty work. (a) Notice; attaching card. When the rough wiring or installation work is completed on any premises, the person responsible therefor shall notify the electrical inspector that the job is ready for inspection, giving proper identification of the work, address and permit number. The electrical inspector shall then make an inspection of the electrical installations within 24 hours from the time of notification (exclusive of Saturdays, Sundays and legal holidays). If such wiring or installation work has been installed in accordance with the terms and provisions of this electrical code, the 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 inspections. (b) Notice to make work conform. If the electric wiring or installation of fixtures or equipment is found to be faulty, incorrectly or defectively installed, the 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 code. (c) Rectification of faulty work. The qualified electrician 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 work is completed. Upon completion of the work and payment of the reinspection fee, he shall notify the electrical inspector to the effect that faulty work has been corrected. The latter shall then cause the reinspection to be made, and if such work is found to comply with this code he shall sign the inspection card, noting thereon the date of approval of the work. If the electrical inspector shall again find the work incorrectly installed, he shall notify the responsible qualified electrician of the necessary changes, and shall collect an additional reinspection fee. If the responsible qualified electrician does not make the required changes within a reasonable time, the building official shall refuse to issue to any such person any further permits until such work in question is corrected and approved. (d) Requirements for prefabricated construction. In the case of prefabricated construction, the following requirements shall apply: (1) The applicant shall file design, specifications and test data where required by the building official of the city. (2) The applicant shall furnish for each prefabricated unit to be placed in the city an affidavit from the manufacturer stating that materials and design for each such unit conform to the design and specification filed with the city. (3) If it is not practicable for the building official to perform all or any part of the electrical inspections, the building official may accept an affidavit from a licensed electrical engineer or a person who has been principally engaged as an electrician for at least five continuous years and who has qualified for a city license, either of whom shall be subject to the approval of the building official of the city and has entered into a satisfactory agreement with the building official to perform the inspections required that he has inspected the electrical installations and wiring during manufacture and/or assembly and that these installations and wiring in the complete unit conform to that design and specifications filed with the city. The applicant shall, in any event, reimburse the city, to be included with the building permit fee, for the cost of such inspection services. (4) The requirements of this subsection are not applicable when inspections are made by a department of the state. (Code 1961, § 6-100) • Sec. 18-193. - Final inspection. Upon the completion of all electrical wiring or installation of fixtures or equipment in any building or on any premises, the electrician in charge shall notify the electrical inspector that the work is ready for final inspection, giving the electrical permit number and street address. The electrical inspector shall then cause inspection to be made within 24 hours from the time of receipt of notification (exclusive on Saturdays, Sundays and legal holidays). If any faulty or defective wiring or equipment is found, the electrician in charge shall be notified of the changes to be made in order that such work shall conform to this electrical code. If such work is found to be correctly installed, replaced or repaired, the 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 code. For each and every final inspection requested by a qualified electrician in charge of a job, after the first has been made, the final inspection fee shall be paid as provided in this division. (Code 1961, § 6-101) • Sec. 18-194. - Leaving work open. It shall be unlawful for any persons to cover or cause to be covered any part of a wiring installation with flooring, lath, wallboard or other material until the electrical inspector shall have approved the wiring installation, in part or as a whole, except as set forth in this division. (Code 1961, § 6-102) • Sec. 18-195. - Removal of abandoned wire. It shall be the duty of the electrical inspector to cause all abandoned dead wire, unused poles or electrical apparatus on the outside of the buildings or in streets or alleys to be removed at the expense of the owners by giving the owners written notice. (Code 1961, § 6-103) • Sec. 18-196. -Altering conductors or equipment. 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 the authorized person using the electrical conductors or equipment, and he shall be required to accomplish this needed change in accordance with this electrical code. (Code 1961, § 6-104) • Sec. 18-197. - Inspection and approval before reconnection. (a) It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device or equipment which has been disconnected by order of the 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. (b) Whenever the service has been discontinued in any commercial building, the service shall not again be connected until a certificate of compliance has been issued for the premises by the electrical inspector certifying that the service has been wired so as to conform to applicable standards. (c) Whenever a building permit is issued, pursuant to the city's currently effective building code, for any work done to the structure of any building, the use of the wiring in the building shall be prohibited until there is compliance with the provisions of subsection (a) of this section. (d) All installations made in accordance with previous ordinances of the city shall not be disturbed while in good condition, and safe and proper maintenance, repair and reasonable extension of such installations shall be permitted when the same can be done without hazard to life or property. (Code 1961, § 6-105) • Sec. 18-198. - Overhead electrical, telephone, cable television and other lines. (a) All overhead electrical, telephone, cable television and other lines that cross over public streets and alleyways shall be at least 14 feet above the highest point of any public street or alley within the city. (b) Any lessee or owner of an electrical, cable television or telephone line violating this section shall be punishable by a fine of not more than $2,000.00 per incident. (c) A defense to prosecution of a violation of this section shall be that the lessee or owner took all precautions that were customary in the industry to maintain the lines at 14 feet or higher and that the low aerial utility lines (drooping lines) were a result of conditions or circumstances beyond their control. (d) A defense to prosecution of a violation of this section shall be that the alley is not being used by city garbage and trash collection vehicles and is not being used by other city vehicles that are over 12 feet in height. (e) Prior to prosecuting a violation of this section, the city manager or his designee will give the owner or lessees an opportunity to raise the lines on an approved work plan, with due consideration being given to the safety of the motorists and residents of the city. (Code 1961, § 6-106; Ord. No. 99-72, § 2(6-106), 9-30-1999) • Secs. 18-199-18-220. - Reserved. • DIVISION 6. - STANDARDS • Sec. 18-221. - National Electrical Code 2020 Edition. The National Electrical Code 2020 Edition, hereinafter referred to as the "electrical code", as published by the National Fire Protection Association, Quincy Massachusetts, International Electrical Code Series, is herein adopted as the Electrical Code of the City of Port Arthur, save and except such portions as are herein deleted, modified, or amended, of which code not less than one copy has been and now is filed in the office of the City Secretary's of the City of Port Arthur and the same is hereby adopted and incorporated as fully as if set out in at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling within the city limits of the city. (Ord. No. 03-003, § 2, 1-7-2003; Ord. No. 12-65 , § 2(exh. A), 10-2-2012) Editor's note— Ord. No. 03-003, § 2, adopted Jan. 7, 2003, repealed § 18-221, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 18-221 pertained to conformity to national electrical code required and derived from Code 1961, § 6-118. • Sec. 18-222. - Necessity of special rules. Due to the extreme climatic conditions prevailing in and about the city, certain special rules covering electrical wiring and equipment installations are set forth in this division, and certain exceptions are taken to the rules and regulations of the National Electrical Code to raise the safety level of the electrical installations and prevent the rapid deterioration of electrical materials and equipment from severe atmospheric and underground corrosive action. (Code 1961, § 6-116) • Sec. 18-223. - Installation standards. All installations of electrical wiring and equipment shall be reasonably safe to persons and property and in conformity with the provisions of this electrical code, and applicable statutes of the state, and any rules or regulations issued by authority of such code and rules. (Code 1961, § 6-117) • Sec. 18-224. - Equipment standards. All electrical equipment installed or used shall be reasonably safe to persons and property in conformity with the provisions of this electrical code, the applicable statutes of the state, and any rules or regulations issued by authority of such code and rules. (Code 1961, § 6-119) • Sec. 18-225. - Electric sign standards. All electrically illuminated or electrically powered outdoor and indoor signs and displays shall be reasonably safe to persons and property and in conformity with the provisions of this electrical code, and in compliance with the following: (1) Conformity of all types of electrical signs with the most current applicable standard of the Underwriters' Laboratories, Inc. (UL), and the National Electrical Code, National Electrical Safety Code, or electrical provisions or other safety codes which have been approved by the American Standards Association shall be prima facie evidence that such installations are reasonably safe to persons and property. (2) Conformity of construction, erection, foundation and means of support of all such signs with the building code shall be approved by the building inspector before permits for electrical inspection shall be issued under the authority of this code. (Code 1961, § 6-120) Cross reference— Signs, ch. 82. • Sec. 18-226. - Extension cords. Extension cords shall be no longer than eight feet except for use for portable tools and trouble lights. Use of extension cords must be in compliance with the 2021 IFC. (Code 1961, § 6-121) • Sec. 18-227 - Reserved • Sec. 18-228. - Grounding rods. An accessible external means to connect intersystem bonding and grounding conductors shall be provided at the disconnecting means for any building or structure by at least one of the following means: (1) Exposed nonflexible metallic raceways. (2) Exposed grounding electrode conductor. (3) Approved means for the external connection of a copper or other corrosion-resistant bonding or grounding conductor to the grounded raceway or equipment. (Ord. No. 03-003, § 2, 1-7-2003) Editor's note— Ord. No. 03-003, § 2, adopted Jan. 7, 2003, repealed § 18-227, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 18-228 similar subject matter and derived from Code 1961, § 6-123. • Secs. 18-229-18-260. - Reserved. Secs. 18-44-18-70. - Reserved. P.O. NO.7193 10/25/2023-PV PAGE 5 OF 5 Exhibit "B" • ARTICLE III. - ELECTRICAL CODE • DIVISION 1. - GENERALLY • Sec. 18-71. - RESERVED • Section 18-72. - Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning and except such portions as are herein deleted, modified, or amended, of which code not less than one copy has been and now is filed in the Office of the City Secretary of the City of Port Arthur and the same is hereby adopted and incorporated as fully as if set out in at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the City of Port Arthur. The National Electrical Code 2020, is specifically adopted with the following exceptions: Electrical inspector means an individual who has been designated by the city, under the provisions of this Code, as an electrical inspector(also referred to as "inspector") and holds a certificate of competence from the International Code council and is also licensed by the state electrical safety and licensing board. Electrician means: (1) Qualified electrician. Any person engaged in or carrying on the business of electrical contracting who holds a certificate of competency of master electrician issued by the state of Texas electrical safety and licensing board. (2) Journeyman electrician. Any person who holds a certificate of competency of journeyman electrician issued by the state of Texas electrical safety and licensing board. (3) Limited electrician (sign). Any person who is engaged in the business of manufacturing or installation of electric signs shall be licensed by the state of Texas electrical safety and licensing board. (4) Maintenance electrician. An electrician regularly employed on a permanent basis by any person and who performs work only in the confines of the building or in or on the premises where he is regularly employed on a permanent basis, and who does electrical work (maintenance) as defined in this section. Main line disconnect means a rain-tight device of a design approved for electrical service and for the prevailing conditions under which it will be used, and which is capable of disconnecting all enlarged conductors from a building's source of electrical supply shall be located on the outside of a building. Maintenance and repair means the act of keeping in a state of safe operating condition any conductor or place of equipment used inside or outside, attached or connected to any building's electrical system, but shall not include extensions of or additions to an existing system or branch of such a system. One- or two-family dwelling unit electrician (residential wireman) means an individual who has passed the state of Texas residential wireman electrician's test and is licensed by the state of Texas electrical safety and licensing board. Outside electrical work means the installing, maintaining, altering, repairing or erecting of any electrical wiring, apparatus, devices, appliances, fixtures or equipment located outside of and separate from buildings and on poles, towers or others exclusively for the support of such electrical wiring, apparatus, devices, appliances, fixtures or equipment for which a permit is required under the terms of this code, except that overhead conductors may be attached to buildings. Outside of a building means beyond the limits of a building's walls or porches whether open or closed. Registered Electrical Contractor means a contractor that has provided required documentation to The City of Port Arthur that includes, State contractor's license, Master electrician's license, liability insurance with the City of Port Arthur named as certificate holder, and who's name is carried on the records of the building official as a person authorized to do electrical work as defined in this code. Only a State of Texas Licensed electrical contractor may apply for and obtain permits in the City of Port Arthur. Cross reference— Definitions generally, § 1-2. • Sec. 18-73. - Purpose of code. The purpose of this electrical code is the safeguarding of persons, buildings and their contents from electrical hazards arising from the improper use of electricity for light, heat, power, radio, signaling and for other purposes. • Sec. 18-74. - Scope of code; application generally. The provisions of this electrical code shall apply to all installations of and work done on electrical conductors, fittings, devices, motors, controls, appliances, fixtures, electronic devices, signs and gaseous tubing, referred to in this article as "electrical equipment", within or on public and private buildings and premises, with exceptions as provided in this section: (1) On all installations of electrical conductors or equipment hereafter made, all existing installations which are altered, or for which the use has changed, all work shall be done in a manner that will conform with the requirements for a sufficient and safe electrical structure and system under this code. (2) Repair and maintenance work shall be such that if any electrical conductor or equipment is removed and later replaced such conductor or equipment shall be replaced in accordance with the provisions of this code. • Sec. 18-75. - Applicability of code provisions to public utilities. (a) The provisions of this electrical code shall not apply to installations used by or made for electricity supply or communication agencies in the generation, transmission or distribution of electricity or for the operation of signals of the transmission of intelligence and located within or on buildings or premises used exclusively by such agency or on public thoroughfares or to installations by communication agencies and their employees or to those engaged in making installations for communication agencies in connection with the operation of such agencies and the rendition of communication and signal service to the public. All such installations when done according to the provisions of the 2014 2020 National Electrical Code will be prima facie evidence that such installations conform to the provisions of this code; provided, however, that such agencies excepted are operating under a valid franchise agreement with the city. (b) Any franchised electrical utility company may adopt reasonable rules and regulations for the conduct of its business, provided that such rules and regulations shall be applicable to all customers alike; and further provided, that where any provisions of such rules and regulations are in conflict with the provisions of this code, this code shall prevail. • Sec. 18-76. - Applicability of code provisions to industries. The provisions of this electrical code shall not apply to installations used by or made for industries generating their own power and having a generating capacity over 25,000 KVA, and located within or on buildings or premises comprising these industries, or to their employees, or to agencies in connection with repairs to, or making installations at, these respective industries. The fact that all such installations, used by or made for such industries, follow the provisions of the National Electrical Code conclusively evidences their conformity with the provisions of this code. • Sec. 18-77. - Enforcement. The administration and enforcement of this electrical code shall be the responsibility of the department of the city to which the electrical inspector is assigned. • Sec. 18-78. - Responsibility for safe work. The electrical regulations of this electrical code shall not be construed to relieve from or lessen the responsibility or liability of any persons owning, operating or installing electrical conductors, devices, appliances, fixtures, apparatus, motors or equipment for damages to persons or buildings caused by any defect therein by reason of the inspection authorized in this article or the certificate of approved inspection issued by the electrical inspection section as provided in this article; nor shall the city be held liable for any damages by reason of the enforcement of this code. • Sec. 18-79. - Service of notices and order. (a) Stop work orders. Any order to discontinue work, or other stop work order, as provided in this electrical code, shall, when practicable, be delivered in person to the electrician on the premises, or to the owner or his agent. All such orders shall also be posted in a conspicuous place on the subject premises. Such posting upon the subject premises shall constitute service of notice upon all interested parties. (b) Other orders, denials, revocation notices, suspension notices. Service of any other order, denial of permit, notice of revocation or suspension of registration, or other written notice required under the provisions of this code shall be perfected by delivering such written notice, or a copy, in person to the persons required to be notified. In cases where such personal service is either impracticable or impossible, the notice shall be sent by registered mail or certified mail to the most recent known address of the persons required to be notified. If such service by mail is unsuccessful or impossible, the notice shall be by publication on two separate days within seven consecutive days in the official newspaper of the city, and return made in conformity with the provisions of the state statutes governing service of citation by publication. • Sec. 18-80. - Supervision of work. (a) Responsibility for work. In the actual work of installing, maintaining, altering or preparing of any electrical conductors of equipment for which a permit is required by the electrical code, there shall be in direct supervision a qualified or journeyman electrician. It shall be required that a qualified or sign electrician, as the case may be, is liable and responsible for the layout and technical supervision of any work which requires the securing of a permit, and a qualified or journeyman electrician shall not supervise at the job site more than two nonqualified electricians. (b)Stop work order. Should it come to the notice of the electrical inspector that such supervision and control are not being maintained, the inspector may order the work to be discontinued, by posting a stop work order in the manner provided in subsection 18-78(a), and the person to whom the permit has been issued shall discontinue further work until proper supervision has been supplied. • Sec. 18-81. - Penalty for violation of article. (a)It shall be unlawful for any person to violate any provision of this article. Violation of any of the terms or provisions of this electrical code by any corporation or association shall subject the officers and agents actively in charge of the business of such corporation or association to the penalties provided in this section. Any violation shall be a misdemeanor and shall be punishable for a fine (as outlined in the table below). Each day the violation shall continue shall constitute a separate offense. (b)Except as otherwise provided in this article, the minimum fine schedule for conviction of a violation shall be as follows: Conviction Number Minimum Fine One $100.00 Two 250.00 Three or more 500.00 • Secs. 18-82-18-100. - Reserved. • DIVISION 2. - INSPECTORS • Sec. 18-101. - Employing assistants; qualifications of inspectors. The Building Official may appoint electrical inspectors as shall be authorized from time to time. Electrical inspectors shall have such executive ability as is required for the performance of their duties; shall have a thorough knowledge of the standard materials and methods used in the installation of electrical conductors and equipment; and they shall be well versed in approved methods of construction for safety to persons and property, and in the provisions of the 2020 National Electrical Code. Inspectors shall hold a valid Texas electricians license of at least journeyman status issued by the Texas department of Licensing and regulation. • Sec. 18-102. - Prohibited interests. It shall be unlawful for city electrical inspectors to recommend the use of any electrical contractor or to engage in the business of the sale, installation or maintenance of electrical conductors, devices, appliances, apparatus, fixtures or other electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business at any time while in the employ of the city as electrical inspectors. (Code 1961, § 6-39) • Sec. 18-103. - Liability. Where action is taken by the electrical inspector to enforce the provisions of this electrical code, such action shall be in the name and on behalf of the city, and the inspectors in so acting for the city shall not render themselves personally liable for any damage which may accrue to persons or property as a result of an action committed in good faith in the discharge of their duties. Any suit brought against any inspector by reason of such actions on behalf of the city shall be defended by the city attorney until final determination of the proceedings contained in this article. (Code 1961, § 6-40) • Sec. 18-104. - Duties. The electrical inspector shall have the following duties: (1) He shall enforce the provisions of the electrical code;code. (2) He shall make inspections of all electrical work as provided in this code;code. (3) He shall keep on file a copy of the National Electrical Code 2020 edition which shall be accessible for public reference during regular office hours. (Code 1961, § 6-41) • Sec. 18-105. -Authority. (a) Right of entry for inspection. Electrical inspectors shall have the right to enter any building at reasonable times as may be necessary to perform the inspections described in the code of ordinances. (b) Entry by written consent of property owner; warrant. In order to perform any inspection not provided for in such sections, the electrical inspector shall first obtain written consent from the owner of the premises to be inspected or his duly authorized agent, which instrument shall specify location, purpose and time of inspection. Without such written consent, the electrical inspector shall procure a proper warrant from a magistrate before entering upon premises for inspection purposes. (Code 1961, § 6-42) • Sec. 18-106. - Passing upon questions. The electrical inspector shall have power, and it shall be his duty, subject to the provisions of law and of this electrical code, to pass upon any question relative to the designs mode, manner of construction or material to be used in electrical installations hereafter constructed, enlarged, altered, moved, repaired or converted within the city which is affected by the provisions of this code, or any existing law applicable to the city relative to electrical installations, and to require that such design mode, manner of construction or materials shall conform to the true intent and meaning of the several provisions of this code. (Code 1961, § 6-43) • Sec. 18-107. -Appeal from decisions of electrical inspector. (a) Right of appeal. Whenever the electrical inspector to whom such question has been submitted shall reject or refuse to issue an electrical permit, or to approve the design, mode, manner of construction or materials proposed to be followed, or used in the electrical installation to be constructed, enlarged, altered, moved, repaired or converted, or when the owner claims that the rulings of the electrical inspector or the provisions of this electrical code do not apply, or that a more desirable and equally safe form of construction of electrical installation from the owner's point of view can be employed in any specific case, or whenever the owner of any building or structure in which electrical installations are being constructed shall object to any decision given by the electrical inspector, the owner or his duly authorized agency may appeal from the decision of such electrical inspector through the construction board of adjustment and appeals, as provided in the building code of the city. (b) Procedure for appeal. The owner or his duly authorized agent who appeals a decision of the electrical inspector under this section shall deliver his notice of appeal in writing, within ten days of such decision by the electrical inspector, addressed to the Construction Board of Adjustment and Appeals, City Hall Building, 444 4th Street, Port Arthur, or, on the alternative, hand- delivered to the building official. Ten days after such decision, if neither the construction board of adjustment and appeals nor the building official has received such notice of appeal, the decision of the electrical inspector shall become final. The provisions of this subsection shall not be construed to apply to stop work orders pursuant to this code. (c) Stop work orders. In order to appeal a stop work order, the affected party must serve written notice of appeal to the building official at city hall, within five working days of perfection of service of the stop work order upon the subject premises. During the time of appeal, no work shall be conducted in contravention of the stop work order. (Code 1961, § 6-44; Ord. No. 00-60, § 2, 10-3-2000) • Sec. 18-108. - Placement of transformers. Electrical companies shall not require its residential customers to place transformers in their front yards at more than one transformer per three lots unless there is no other feasible location as to provide electrical service. (Ord. No. 05-02, § 2, 1-04-2005) • Secs. 18-109-18-130. - Reserved. • DIVISION 3. - REGISTRATION • Sec. 18-131. -Cross reference— Boards, authorities, commissions and committees, ch. 14. • Sec. 18-132. - reserved • Sec. 18-133. - reserved • Sec. 18-134. - Registration required; unauthorized use of terms. (a) It shall be unlawful for any person to engage in the business of installing, maintaining, altering or repairing of any wiring, fixtures or equipment used for conducting of electricity for which a permit is required by this electrical code, nor shall any person in any manner undertake to execute such work unless such person is holder of certificate of registration as required by this code. (b) It shall be unlawful for any person to falsely represent himself as a registered electrician of any class set forth in this code or to use the words "electrical contractor," "master electrician," "electrician," or words of similar import or meaning, on signs, cards, stationery or by any other manner whatsoever, unless such person is properly registered within the meaning of this code. (Code 1961, § 6-58) • Sec. 18-135. - Classifications. There shall be 2 classes of electrical registration which shall be listed in this section from highest classification to lowest classification and are set forth as follows: (1) Qualified electrician; (2) Limited electrician (sign); Sec. 18-136. - RESERVED • Sec. 18-137. - Registration not transferable. It shall be unlawful for any person to lend, rent or transfer his certificate of registration or any rights thereunder to any person, or for any person to make use of such rights which are not actually his own. (Code 1961, § 6-61) • Sec. 18-138. -Altering registration. It shall be unlawful for any person to alter or change in any manner any instrument of registration as set forth in this division. (Code 1961, § 6-62) • Sec. 18-139. - renewal of registration. Every registered contractor, such as an electrical contractor or limited electrical contractor (sign), shall renew registration with the City of Port Arthur on a yearly basis. (Code 1961, § 6-63) • Sec. 18-140. -Suspension; revocation. (a) The building official shall have the power to initiate proceedings to suspend or revoke the certificate of registration of any electrical contractor for the following reasons: (1) Fraud or misrepresentation in obtaining such certificate of registration. (2) Taking out electrical permits in one's own name to do electrical work and thereafter permitting a person without proper certification to do the work. (3) Gross negligence or incompetence in performance of electrical work under this electrical code. (4) Any willful violation of any provision of this code. (b) The building official shall perfect notice of proceedings under this section in the manner provided in subsection 18-78(b). Such notice shall advise the electrical Gentfatefcontractor of his right to appeal in writing to the city's construction board of adjustment and appeals as specified in subsection 18-107(b). Such notice shall also inform the electrical contractor of the proposed suspension or revocation of the basis for such proceedings. (c) Any electrical contractor against whom suspension or revocation proceedings have been instituted as provided in subsection 18-140(a) may appeal to the construction board of adjustment and appeals. He shall deliver his notice of appeal in writing, within ten days of the date of service of notice is perfected as provided in subsection 18-140(b) and section 18-78. He shall address his notice of appeal to the Construction Board of Adjustment and Appeals, City Hall Building, 444 4th Street, Port Arthur, or, in the alternative, he may hand deliver such notice of appeal to the building official. Ten days after service of notice is perfected as provided in subsection 18-140(b) and section 18-78, if neither the construction board of adjustment and appeals nor the building official have received notice of appeal as provided in this division, the suspension or revocation shall become final. (d) The failure of an electrical contractor, against whom suspension or revocation proceedings have been instituted, to appeal (as provided in subsection 18-107(b)), shall constitute waiver of his right to appeal. Thereafter, his suspension or revocation shall become final when the time for appeal has expired. (Code 1961, § 6-64; Ord. No. 00-60, § 2, 10-3-2000) • Sec. 18-141. - RESERVED • Sec. 18-142. - Bond of Electrical contractor. All Electrical contractors registered under this electrical code shall be required to furnish and to keep in force each year during the life of his registration Liability insurance in the sum specified in Table I in section 18-37 and shall be conditioned that the holder will indemnify and hold the city harmless against all costs, expenses, damages and injuries sustained by such city by reason of the carelessness or neglect of such person in operating under this code. All such insurance certificates shall be approved by the city attorney as to form and shall be filed with the building official. (Code 1961, § 6-67) • Sec. 18-143. - Place of business. Every electrical contractor shall have and maintain an established place of business and shall have at such place of business a means of receiving telephone messages during regular business hours. (Code 1961, § 6-68) • Secs. 18-144-18-160. - Reserved. • DIVISION 4. - PERMITS • Sec. 18-161. - Required for each job. It shall be unlawful for any person to install, cause to be installed or permit to be installed any electrical wiring, fixtures or equipment, or to make any alterations, additions, changes or repairs within the scope of this electrical code, without first procuring a permit as prescribed in this division. (Code 1961, § 6-80) • Sec. 18-162. -Application; information. (a) Application by qualified electrician. A qualified electrician (Master electrician, or his duly authorized agent) shall make application for permits, for work on any type of structures inclusive of rental units, either in writing upon the forms provided by the building official for that purpose, or orally by telephone upon establishment of a suitable escrow account. An applicant must describe the character and kind of work to be done and furnish a detailed description of such work, including the following information: (1) Name and address of electrical contractor, firm or person desiring permit. (2) Name of owner of premises where work is to be done. (3) Street and number of such premises. (4) Kind of building. (5) A description of electrical fixtures and appliances to be installed. (b) Application by homeowner. Application by a homeowner for permits on his homestead, exclusive of any rental units thereon, shall be made in writing upon the forms provided by the building official for that purpose. With such application, there shall be filed 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, or the character of any repairs to any existing electric installation. Such application shall include the following information: (1) Street and house number; (2) Name of owner; (3) Kind of building; and (4) A list of electrical fixtures and appliances to be installed. The diagram or plans and application shall be referred to the building official, who shall have the authority to issue or refuse to issue a permit. (Code 1961, § 6-81) • Sec. 18-163. - Electrical permit fees. modifie (a) Payment of fees by electrical contractors. Before proceeding with the work covered by the permit, the fees for the permit to do such work shall be deducted from an established escrow account, or payment shall be made at the same time the application is completed and approved. (b) Payment of fees by homeowners. Before proceeding with the work covered by a permit, the homeowner doing the work shall pay the fees for the permit as provided in this section. Homeowners shall also pay the inspection fees as provided in this section. (c) Schedule of permit and inspection fees. (1) The term "outlet" shall mean any point on a wiring system at which a switch is installed or electricity is taken from a circuit for light, power or any other purpose or service. (2) The term "outlet addition" or "outlet extension" shall mean any outlet installation made over and above the number as requested in the permit or as shown on the plans for new construction, or outlet installation extending from or added to old existing circuits, respectively. (3) Permit applications covering the installation of, or the wiring for, motors on any job shall specify each motor individually. No grouping of motors per machine, or other such grouping of horsepower, shall be permitted. (4) Permit fees for inspection of all electrical work and appliances shall be made and collected upon and in accordance with the following schedule: Service $35.00 Solar panels $35.00 Generator install $35.00 Each additional meters $35.00 Each outlet, switches and receptacles $2.50 Fixtures $0.50 Bells, buzzers and chimes $2.10 Range $2.50 Water heater $2.50 Dishwasher $2.10 Disposal $2.10 Attic fan $1.00* Dryer $2.50 Yard lamp each $2.50 Room a/c outlet $2.50 Space heating each outlet $5.00* Motors up to 5 hp $5.20 Over 5 hp $6.75 Electrical sign $35.00 Light and power panels except at point of service each $8.50 Each rectifier or transformer $5.70 Elevator, dumbwaiter, escalator $35.00 Gasoline pumps $35.00 Floodlight poles $15.00 Welding machine outlet $2.50 Change of service $35.00 Temporary service on pole $35.00 Reinspection $35.00 Move meter $35.00 Minimum permit fee $35.00 Reinspection for lights or change of service $35.00 Swimming pool Above ground $16.50 Swimming pool in Ground $75.00 (5) Any work undertaken by the following shall be exempt from permit fees: Jefferson County; City of Port Arthur; Housing Authority of the City of Port Arthur; Community housing development programs and subrecipients as it pertains to city housing programs. • Sec. 18-164. - Incomplete jobs. When one Electrical contractor completes the rough work, in whole or in part, on any electrical wiring or installation of fixtures or equipment, and a second Electrical contractor is called upon to complete the work, a separate permit is required for which regular fees shall be paid for work to be done. The electrical inspector shall inspect the subject premises before a second or subsequent permit is issued to determine whether the work previously performed meets all applicable standards. If the electrical inspector finds defects or substandard work or wiring, such defects or substandard work or wiring shall be corrected before new work may begin under a second or subsequent permit. No refund of fees shall be allowed in cases where multiple permits are issued. (Code 1961, § 6-83) • Sec. 18-165. -To whom permits issued. Permits shall be issued to Electrical contractors authorized to secure permits as set forth in this electrical code, or to their duly authorized agent. Electrical contractors shall certify their duly authorized agent to the building official in the form of an affidavit stating that such Electrical contractor assumes all and full responsibility for any permit taken out or applied for by such agent. This certification shall be kept in the building official's file after it has been approved by the city attorney. (Code 1961, § 6-84) • Sec. 18-166. -Time limitations. If electrical wiring, equipment work or installation of fixtures is not begun within 30 days of the issuance of a permit to perform such work, the permit shall become void. Thereafter, no work shall be performed until a new permit is issued and fees paid for such new permit in accordance with section 18-163. Under no circumstances shall permit fees be refunded on any permit which becomes void under this section. (Code 1961, § 6-85) • Sec. 18-167. - Revocation. The building official shall have the right to declare void or suspend any permit issued as provided in this division for the following reasons: (1) Willful misrepresentations of fact in acquiring such permit; (2) After a continuous 30-day period without substantial work performed under such permit, without reasonable excuse by the permittee or owner; (3) When it appears that work is not in substantial compliance with applicable standards. (Code 1961, § 6-86) • Sec. 18-168. - Obtaining by homeowners or renters. (a) Any person shall be permitted to do electrical work on such premises owned and occupied by him as a homestead, exclusive of any rental units thereon, and shall not be required to obtain a permit through a qualified electrician, but he shall have the right to apply in person for such permit without being a qualified electrician. (b) Owners of rental units shall not have the right to apply for a permit on such units, but must have such permit obtained by a qualified electrician. Owners may have such permit obtained by a duly qualified one- or two-family dwelling electrician. (c) Occupants of rental units shall not have the right to apply for a permit on such units but may, with the verified written permission of the property owner, have such permit obtained by an Electrical contractor. (d) The exception mentioned in this section shall not relieve any person attempting to perform work or do certain acts under this section from applying in person for a permit prior to the beginning of work; and, further provided, that all work and service done under this section shall at all times be subject to the inspection and approval by the electrical inspectors, in accordance with the terms of all valid city ordinances, laws, rules and regulations; further provided, that such person operating under this section shall comply with the ordinances, laws, rules and regulations as to types of material, quantity and quality as required by all inspections. (e) Any person mentioned in this section shall be required to pay the same permit and inspection fees as shall be required of any other person under the electrical code and building code of the city; provided, however, that no person may exercise the exception mentioned in this section, save and except on his own premises as was mentioned in this section. (f) Further, nothing in this section shall be construed to mean that anyone other than an Electrical contractor shall be allowed to make application for or obtain an electrical permit or do electrical work on any structure used, or intended for use, as a rental unit. (Code 1961, § 6-87) • Sec. 18-169. - Investigation fee for work done without permit. An investigation fee of$45.00 shall be charged for any work found to have been done without having first procured an electrical permit as required by section 18-161. (Code 1961, § 6-88; Ord. No. 00-60, § 2, 10-3-2000) • Secs. 18-170-18-190. - Reserved. • DIVISION 5. - INSPECTION • Sec. 18-191. - Certificate of approval before connecting. It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, devices of equipment on an installation for which a permit is required, as set forth in this electrical code, until a certificate of approval has been issued by the electrical inspector authorizing such connection and the use of such wiring, devices or equipment. (Code 1961, § 6-99) • Sec. 18-192. - Rough inspection; faulty work. (a) Notice; attaching card. When the rough wiring or installation work is completed on any premises, the person responsible therefor shall notify the electrical inspector that the job is ready for inspection, giving proper identification of the work, address and permit number. The electrical inspector shall then make an inspection of the electrical installations within 24 hours from the time of notification (exclusive of Saturdays, Sundays and legal holidays). If such wiring or installation work has been installed in accordance with the terms and provisions of this electrical code, the 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 inspections. (b) Notice to make work conform. If the electric wiring or installation of fixtures or equipment is found to be faulty, incorrectly or defectively installed, the 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 code. (c) Rectification of faulty work. The qualified electrician 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 work is completed. Upon completion of the work and payment of the reinspection fee, he shall notify the electrical inspector to the effect that faulty work has been corrected. The latter shall then cause the reinspection to be made, and if such work is found to comply with this code he shall sign the inspection card, noting thereon the date of approval of the work. If the electrical inspector shall again find the work incorrectly installed, he shall notify the responsible qualified electrician of the necessary changes, and shall collect an additional reinspection fee. If the responsible qualified electrician does not make the required changes within a reasonable time, the building official shall refuse to issue to any such person any further permits until such work in question is corrected and approved. (d) Requirements for prefabricated construction. In the case of prefabricated construction, the following requirements shall apply: (1) The applicant shall file design, specifications and test data where required by the building official of the city. (2) The applicant shall furnish for each prefabricated unit to be placed in the city an affidavit from the manufacturer stating that materials and design for each such unit conform to the design and specification filed with the city. (3) If it is not practicable for the building official to perform all or any part of the electrical inspections, the building official may accept an affidavit from a licensed electrical engineer or a person who has been principally engaged as an electrician for at least five continuous years and who has qualified for a city license, either of whom shall be subject to the approval of the building official of the city and has entered into a satisfactory agreement with the building official to perform the inspections required that he has inspected the electrical installations and wiring during manufacture and/or assembly and that these installations and wiring in the complete unit conform to that design and specifications filed with the city. The applicant shall, in any event, reimburse the city, to be included with the building permit fee, for the cost of such inspection services. (4) The requirements of this subsection are not applicable when inspections are made by a department of the state. (Code 1961, § 6-100) • Sec. 18-193. - Final inspection. Upon the completion of all electrical wiring or installation of fixtures or equipment in any building or on any premises, the electrician in charge shall notify the electrical inspector that the work is ready for final inspection, giving the electrical permit number and street address. The electrical inspector shall then cause inspection to be made within 24 hours from the time of receipt of notification (exclusive on Saturdays, Sundays and legal holidays). If any faulty or defective wiring or equipment is found, the electrician in charge shall be notified of the changes to be made in order that such work shall conform to this electrical code. If such work is found to be correctly installed, replaced or repaired, the 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 code. For each and every final inspection requested by a qualified electrician in charge of a job, after the first has been made, the final inspection fee shall be paid as provided in this division. (Code 1961, § 6-101) • Sec. 18-194. - Leaving work open. It shall be unlawful for any persons to cover or cause to be covered any part of a wiring installation with flooring, lath, wallboard or other material until the electrical inspector shall have approved the wiring installation, in part or as a whole, except as set forth in this division. (Code 1961, § 6-102) • Sec. 18-195. - Removal of abandoned wire. It shall be the duty of the electrical inspector to cause all abandoned dead wire, unused poles or electrical apparatus on the outside of the buildings or in streets or alleys to be removed at the expense of the owners by giving the owners written notice. (Code 1961, § 6-103) • Sec. 18-196. -Altering conductors or equipment. 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 the authorized person using the electrical conductors or equipment, and he shall be required to accomplish this needed change in accordance with this electrical code. (Code 1961, § 6-104) • Sec. 18-197. - Inspection and approval before reconnection. (a) It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device or equipment which has been disconnected by order of the 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. (b) Whenever the service has been discontinued in any commercial building, the service shall not again be connected until a certificate of compliance has been issued for the premises by the electrical inspector certifying that the service has been wired so as to conform to applicable standards. (c) Whenever a building permit is issued, pursuant to the city's currently effective building code, for any work done to the structure of any building, the use of the wiring in the building shall be prohibited until there is compliance with the provisions of subsection (a) of this section. (d) All installations made in accordance with previous ordinances of the city shall not be disturbed while in good condition, and safe and proper maintenance, repair and reasonable extension of such installations shall be permitted when the same can be done without hazard to life or property. (Code 1961, § 6-105) • Sec. 18-198. - Overhead electrical, telephone, cable television and other lines. (a) All overhead electrical, telephone, cable television and other lines that cross over public streets and alleyways shall be at least 14 feet above the highest point of any public street or alley within the city. (b) Any lessee or owner of an electrical, cable television or telephone line violating this section shall be punishable by a fine of not more than $2,000.00 per incident. (c) A defense to prosecution of a violation of this section shall be that the lessee or owner took all precautions that were customary in the industry to maintain the lines at 14 feet or higher and that the low aerial utility lines (drooping lines) were a result of conditions or circumstances beyond their control. (d) A defense to prosecution of a violation of this section shall be that the alley is not being used by city garbage and trash collection vehicles and is not being used by other city vehicles that are over 12 feet in height. (e) Prior to prosecuting a violation of this section, the city manager or his designee will give the owner or lessees an opportunity to raise the lines on an approved work plan, with due consideration being given to the safety of the motorists and residents of the city. (Code 1961, § 6-106; Ord. No. 99-72, § 2(6-106), 9-30-1999) • Secs. 18-199-18-220. - Reserved. • DIVISION 6. - STANDARDS • Sec. 18-221. - National Electrical Code 20442020 Edition. The National Electrical Code 2014 2020 Edition, hereinafter referred to as the "electrical code", as published by the National Fire Protection Association, Quincy Massachusetts, International Electrical Code Series, is herein adopted as the Electrical Code of the City of Port Arthur, save and except such portions as are herein deleted, modified, or amended, of which code not less than one copy has been and now is filed in the office of the City Secretary's of the City of Port Arthur and the same is hereby adopted and incorporated as fully as if set out in at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling within the city limits of the city. (Ord. No. 03-003, § 2, 1-7-2003; Ord. No. 12-65 , § 2(exh. A), 10-2-2012) Editor's note—Ord. No. 03-003, § 2, adopted Jan. 7, 2003, repealed § 18-221, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 18-221 pertained to conformity to national electrical code required and derived from Code 1961, § 6-118. • Sec. 18-222. - Necessity of special rules. J Due to the extreme climatic conditions prevailing in and about the city, certain special rules covering electrical wiring and equipment installations are set forth in this division, and certain exceptions are taken to the rules and regulations of the National Electrical Code to raise the safety level of the electrical installations and prevent the rapid deterioration of electrical materials and equipment from severe atmospheric and underground corrosive action. (Code 1961, § 6-116) • Sec. 18-223. - Installation standards. All installations of electrical wiring and equipment shall be reasonably safe to persons and property and in conformity with the provisions of this electrical code, and applicable statutes of the state, and any rules or regulations issued by authority of such code and rules. (Code 1961, § 6-117) • Sec. 18-224. - Equipment standards. All electrical equipment installed or used shall be reasonably safe to persons and property in conformity with the provisions of this electrical code, the applicable statutes of the state, and any rules or regulations issued by authority of such code and rules. (Code 1961, § 6-119) • Sec. 18-225. - Electric sign standards. All electrically illuminated or electrically powered outdoor and indoor signs and displays shall be reasonably safe to persons and property and in conformity with the provisions of this electrical code, and in compliance with the following: (1) Conformity of all types of electrical signs with the most current applicable standard of the Underwriters' Laboratories, Inc. (UL), and the National Electrical Code, National Electrical Safety Code, or electrical provisions or other safety codes which have been approved by the American Standards Association shall be prima facie evidence that such installations are reasonably safe to persons and property. (2) Conformity of construction, erection, foundation and means of support of all such signs with the building code shall be approved by the building inspector before permits for electrical inspection shall be issued under the authority of this code. (Code 1961, § 6-120) Cross reference— Signs, ch. 82. • Sec. 18-226. - Extension cords. Extension cords shall be no longer than eight feet except for use for portable tools and trouble lights. Use of extension cords must be in compliance with the 2015 2021 IFC. (Code 1961, § 6-121) • Sec. 18-227 - Reserved • Sec. 18-228. - Grounding rods. An accessible external means to connect intersystem bonding and grounding conductors shall be provided at the disconnecting means for any building or structure by at least one of the following means: (1) Exposed nonflexible metallic raceways. (2) Exposed grounding electrode conductor. (3) Approved means for the external connection of a copper or other corrosion-resistant bonding or grounding conductor to the grounded raceway or equipment. (Ord. No. 03-003, § 2, 1-7-2003) Editor's note— Ord. No. 03-003, § 2, adopted Jan. 7, 2003, repealed § 18-227, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 18-228 similar subject matter and derived from Code 1961, § 6-123. • Secs. 18-229-18-260. - Reserved. Secs. 18-44-18-70. - Reserved.