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O73-05KENNEDALE ORDINANCE NO. 73-5 KENNEDALE ELECTRICAL CODE AN ORDINANCE PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY BY THE ADOPTION OF AN ELECTRICAL CODE FOR THE CITY OF KENNEDALE, TEXAS; ESTABLISHING MINIMUM REGULATIONS FOR THE INSTAL- LATION, ALTERATION OR REPAIR AND USE OF ELECTRICAL SYSTEMS AND ELECTRICITY FOR LIGHT, HEAT, POWER, RADIO, SIGNALING AND OTHER PURPOSES; ESTABLISHING RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT OF THE CODE; REQUIRING SUBMISSION OF PLANS AND SPECIFICATIONS AND ALLOWING FOR ISSUANCE OF PERMITS; PROVIDING INSPECTION PROCEDURES AND TIME LIMITS THEREFOR; ESTABLISHING PERMIT FEES; AUTHORIZING THE ISSUANCE AND RENEWAL OF ELECTRICIANS' LICENSES TO PERSONS UPON PROOF OF QUALIFICATION AND PERMIT- TING THE CHARGING OF A FEE THEREFOR; AUTHORIZING ISSUANCE OF ELECTRICAL PERMITS FOR THE CITY OF KENNEDALE AND PROHIBITING ELECTRICAL WORK WITHOUT A LICENSE•AND PERMIT THEREFOR; ESTABLISHING PENAL- TIES FOR VIOLATIONS OF. THIS CODE; REPEALING CON- FLICTING ORDINANCES, CONTAINING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. Designation Of Code. This ordinance, and all the hereinafter contained pro- visions, whether expressly set forth in this ordinance or adopt- ed by reference as a part hereof, is hereby designated as the Kennedale Electrical Code, which shall constitute the short title of this ordinance. Section 2. Adoption Of Code. There is hereby adopted by reference, as a part of this ordinance, the same as if stet forth verbatim herein, the Nation- al Electrical Code, 1971 Edition (herein called "National Electri- cal Cod6' and'NEC"), as adopted, sponsored and published by the National Fire Protection Association, together with the addi- tions, deletions and amendments hereinafter contained. Said National Electrical Code, with such additions, deletions and amendments, shall constitute the Electrical Code of the City of Kennedale, Texas, and this ordinance shall be known by the short title of Kennedale Electrical Code. Said Electrical Code is adopted for the purpose of protecting the public health and safety of persons and buildings in the City of Kennedale through the regulation of the installation, alteration or repair of electrical systems and the use of electricity in the City of Kennedale, Texas. A copy of said National Electrical Code, marked Exhib- it A and signed for identification by the Mayor and City Sec- retary on a back fly leaf thereof, and impressed with the City Seal, shall be kept on file with this original ordinance for the purpose of completing the ordinance and showing the pro- visions hereby adopted by reference. However, said identifi- cation shall not be necessary to the validity of this ordinance, or the adoption by reference of said National Electrical Code, and any officially published copy thereof shall constitute a valid reproduction of that portion of the Kennedale Electrical Code. Copies of such National Electrical Code shall be avail- able for purchase at such price as the City Council shall de- signate through the office ,of the City Secretary, or those de- siring copies may purchase them direct from the publisher. Section 3. Code Defined; Rule of•Construction. The Kennedale Electrical Code shall include all of the provisions of the National Electrical Code as adopted by Sec- tion 2 hereof, and all other provisions of this ordinance. In event there is determined to be a conflict between any provis- ion of the National Electrical Code as adopted by reference and the other provisions of this ordinance hereinafter provided, the latter provisions shall be construed as controlling and taking precedence over the former. Section 4. Amendments, Additions and Deletions. The adoption by reference of said National Electrical Code, as provided in Section 2 hereof, is made subject to and is modified and amended as follows: (a) By the adoption of licensing requirements for those'perform- ing electrical work within the City of Kennedale as herein- after provided in this ordinance. (b) By the adoption of requirements for application and issuance of permits for installation of electrical systems and elec- trical work within the City as hereinafter provided in this ordinance. (c) By the adoption of requirements for inspection of electrical work installed in any building or structure in the; City be- fore its occupancy or use, or connection of electrical sup- ply thereto, as hereinafter provided in this ordinance. (d) By the adoption of penalties for the violation of any of the provisions of the Kennedale Electrical Code as here- inafter provided in this ordinance. (e) By the adoption of a severability clause, repeal of conflict- ing ordinances, and an effective date, as hereinafter provid- ed in this ordinance. Section 5. Licensing Requirements to Perform Electrical Work. It shall be unlawful for any person to perform any work in connection with constructing, installing, maintaining, extend- ing, repairing or replacing any electrical wiring, apparatus or equipment of any voltage in excess of 24 volts, or to contract for or supervise such work for another, or to engage in such business, within the City of Kennedale, Texas, unless he holds a license therefor from the City of Kennedale, as provided in this section; provided, however, that this requirement shall not apply to one performing electrical work on his own premises in connection with his own improvements or property thereon, or to a regular maintenance employee performing such work for his employer on the employer's premises and/or property in the course of his regular maintenance employment. There shall be two grades of licenses for electrical work as follows: (a) A'Master Electrician's License, which shall entitle the holder to contract for and engage in the business of electrical wiring of any nature, and to employ and supervise journeyman electricians; (b) a Journeyman's -2- Electrician's Lice ns , which shall entitle the holder thereof to perform any type of electrical work under the supervision of a licensed Master Electrician, but not otherwise. Electrician Licenses, as.set forth in this section, shall be issued only upon approval of the Chief Building In- spector of the City of Kennedale, who shall prescribe tests, examinations and/or interviews to determine the qualifications of each applicant, and shall authorize a license only upon his determination that one applying for a Master Electrician's Li- cense has the necessary qualification, skills and experience to see that all work is performed in accordance with the Ken- nedale Building Code, and that any applicant for a Journeyman's Electrician's License has rudimentary education and experience sufficient to perform such work under supervision of a licensed Master Electrician, with due regard for the safety of himself and the premises and persons in and about where he works. The cost of a Master's Electrician's License shall be $100.00 for initial, issuance, and $25.00 for each annual're- newal thereof; and the cost for a Journeyman's Electrician's License shall be $10.00 for the initial issuance thereof, and $2.00 for each annual renewal thereof. Each license shall be good for one year from the date of its issuance. No person shall be eligible to receive a Master's Electrician License without first posting a bond with the City of Kennedale, in the sum of at least`$3000.O fully indemnifying and saving the City whole and harmless from all costs or damages arising out of any claim or cause of action asserted against him by reason of the negligence or fault of the principal on the bond, his agents, servants or employees, or by reason of work done under supervision of him or authorization of any permit issued to said principal. The bond shall be for the use and benefit of the City and any per- son having a cause of action arising out of electrical work done by the principal thereon, by reason of failure to comply with::. the Kennedale Electrical Code or any .,regulations ;,thereof, and the surety company shall be acceptable to the City Council. Section 6. Permit Requirements for Installation of Electrical Systems and Work. It shall be unlawful for any person to undertake or begin to install, alter or repair or cause to be installed, altered or repaired any electrical system or electrical work regulated by this Kennedale Electrical Code without having first obtained a permit from the City of Kennedale so to do, whether such work be done for the person performing the work himself, without a license as heretofore permitted by this Code, or for another person, firm or corporation. Fees for the issuance of said permit shall be paid by the applicant and collected by the City of Kennedale in ac- cordance with the following schedule: Temporary Pole $ 3.00 Lights, Switches and Plugs. (first 20) 1.50 Each additional Light, Switch or Plug .10 Lighting Fixtures (first OOOOOOOO. . 1.50 Each additional Lighting Fixture .10 Chimes .25 Exhaust Fan .25 Dishwasher .75 Disposal .75 Cooking Range (Residential) 1.50 -3- Cooking Range (Commercial) Heat Unit (Gas) . . . . . Heat Unit (Electric)(First 5 KW ) Electric Heat Unit (each additional K.W.) Water Heater Dryer (Residential) Dryer (Commercial) Air Conditioner (Up to 3 ton) Air Conditioner (each additional ton) Electric Service (260 amp) Electric Service (60 to 100 amp) Electric Service (over 100 amp. Intercom Bathroom Heater Bell Type Transformer Power Transformer Rectifier Motor or Motor Control(up Motor or Motor Control Motor or Motor Control Motor or Motor Control Motor or Motor Control Motor or Motor Control Yard Light . . . . . . . Welder Kiln X-Ray Machine . . . . . . . . . . . . . . . . Sign Circuit (first) Sign Circuit (each additional) Mobile Home and Service Minor Electric Repair Water Well Equipment Not Listed (each) to 3/4 HP) (3/4 to.5 HP) 5 to 15 HP). (15 to 50 HP) (50 to 100 HP) (over 100 HP) . . . .- .- . 0 • • . • $ 3.00 2.00 3.00 .25 1.00 .50 1.00 2.00 .50 1.50 2.00 5.00 .25 .75 .25 2.00 1.50 .50 1.00 2.00 4.00 5.00 10.00 1.00 1.50 1.50 5.00 1.00 .50 3.00- 2.00 3.00 2.00 The Chief Building Inspector of the City may require submission of plans, specifications, drawings and such other information as may be deemed necessary prior to or at any time after the issuance of a permit, and issuance of a permit upon plans and specifications shall not prevent the City of Kennedale from thereafter requiring correction of errors in such plans and specifications or from preventing construction operations in violations of this Electrical Code. Section 7. Inspection Requirements for Electrical Work Before Occupancy or Use. It shall be unlawful for any person, firm or corporation to use any electrical work, system or appliance newly installed in the City of Kennedale, Texas, for which a permit is required under this Code, or any existing electrical system, work or ap- pliance in connection with which repairs, alterations or additi- ons are made for which a permit is required under this Code, and it shall be unlawful for any person, firm or corporation to occu- py or use any new or reconstructed house or building in which e- lectrical wiring and/or appliances are installed requiring a per- mit under this Code, or for any person, firm or corporation to connect or cause to be connected electrical service to such house or building until such system, work, and appliance, and the house or building in which any such is located, have been first inspect- ed as to compliance with the provisions of this Code and approval thereof given by the Chief Building Inspector of the City .of Kenne- dale or his authorized assistants. It shall be the duty of any person owning or in charge of any work or building requiring inspectionhereunder to notify the City in order to request and obtain inspection when ready therefor. -4- The duty and responsibility of inspecting electrical work, as well as the general administration, supervision and enforcement of the provisions and minimum standards of this Kennedale Electrical Code, in. the City of Kennedale, Texas, shall be upon the Chief Building Inspector or Officer of the City of Kennedale, and any duly appointed asistants, as provided for such office in the Kennedale Building Code. It shall be the duty of such Chief Building Official, either in person or through any authorized assistant, to promptly inspect during reasonable bus- iness hours after request therefor, any premises for which an e- lectrical permit has been issued. If he finds such work in con- formity with the permit and this Code, he shall issue his certi- ficate of approval and place a tag so indicating on the work or premises where located, which approval tag shall constitute prima facie authority for the connection of electrical service and the use and occupancy of such premises. If he disapproves such work, he shall deliver notice in writing of the reasons for such disap- proval to the person to whom a permit was issued or his representative. Right of appeal with respect to any decision of the Chief Building Officer or Inspector shall be available under the Kennedale Electrical Code in the same manner and rules as provided with re- spect to appeals under the Kennedale Building Code. No electrical system, work or appliance shall be covered, concealed or hidden until the same has been inspected as provided in this Code. Permits for electrical work issued hereunder shall expire in 60 days from issuance unless work thereunder is commenced within said period, and after commencement, shall expire at any time work is suspended or abandoned for more than 120 consecutive days. Upon expiration, a new permit may be obtained at one-half cost if applied for within one year of the date of original issu- ance, and otherwise at the same cost as if not before issued. Section 8. ViolationandPenalties. Any person, firm or corporation violating or causing the violation of any provision of this Code shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be fined in any amount not to exceed $200.00, for each offense hereunder. Each separate day or portion thereof that any violation of this Code occurs or continues shall be deemed to constitute a distinct and separate offense. Prosecution for or conviction of any offense hereunder shall not prevent the City of Kennedale from seeking injunctive or other equitable or common law or statutory relief available to it in any court of competent jurisdiction, and any criminal prose- cution hereunder shall be deemed in addition to and not in lieu of any other remedies available to the City of Kennedale for vio- lations of this Code. All regulations provided in this Code are declared to be governmental and for the benefit of the general public. Any of- ficer or employee or agent of the City of Kennedale charged with the enforcement of the Code and acting for the City in the dis- charge of such duty hereunder shall not thereby render himself personally liable, and he.is hereby relieved from -all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duty under this Code. Section 9. Severability, Repealing and Effective Provisions. It is the intention of the City Council in adopting this Code, that every provision, section, sentence and phrase hereof shall be a severable and distinct provision, section, sentence and -5 phrase, and the City Council hereby declares that it would have adopted each such provision, section, sentence and phrase irre- spective of the validity of the remainings portions of the Code, and the holding of any provision, section, sentence or phrase of this ordinance unconstitutional or unenforceable for any rea- son shall not be deemed to affect the validity or enforceability of the remaining provisions, sections, sentences and phrases hereof. All prior ordinances and parts of ordinances in conflict with this Kennedale Electrical Code are hereby repealed, but only to the extent of any necessary conflict, and it is expressly de- clared that this Code is merely cumulative of all prior provisions. and ordinances of the City of Kennedale insofar as they can be. harmonized in their construction and application with this Code. This ordinance shall be in full force and effect immed- iately upon its passage and publication as by law provided. ADOPTED AND APPROVED this 12th day of April, 1973. APPROVED: ATTEST: Jewel °D Boyd, City Secretar7ST (CITY SEAL) Childres," Mayor of the City of Kennedale, Texas Secretary E STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Gene R. Snell bectex for The Fort Worth Star -Telegram, published by the Carter Publications, Inc., at Fort Worth, in Tarrant County, Texas: and who, after being duly sworn, did depose and say that the following clipping of an advertisement referring to Permits, Bonds, Licenses for Kennedale, Texas. P E3f Fog ats,, bonde+ bebon Al' must haV the c!ty." The or minimum SUM', ,t auired by and signedy a oerson,or firm being bonded Secretary was published in the above named paper on the following dates: February 21, 22, 1974 ' sES yo. tri• act the a'ids. and Morning & Evening Signed c h Subscribed and sworn to before me, this the 27 day of February 1974 Notary Public.