HomeMy WebLinkAboutOrdinance - 10228-1999 - Amending Article XVII Chapter 2. Amending Article V Chapter 6 - 12/09/1999First Reading
Dec. 9. 1999
Item No. 21
ORDINANCE NO. --=1:..:::;..;02=2=8 __
Second Reading
Dec. 16. 1999
Item No. 14
AN ORDINANCE AMENDING ARTICLE XVII OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE DUTIES
OF THE BUILDING OFFICIAL; AMENDING ARTICLE V OF CHAPTER 6 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTING
THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE; ESTABLISHING FEES;
PROVIDING FOR CERTAIN AMENDMENTS TO SUCH CODE IN ORDER TO MEET
LOCAL CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
WHEREAS, it is the opinion of the City Council that the best interests of the citizens of
the City of Lubbock would be served by amending the duties of the building official, establishing
fees and adopting the 1999 Edition of the National Electrical Code for Lubbock with certain
amendments to meet local conditions; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 2-449 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read asfollows:
Sec. 2-449. Violations of Electrical Code; enforcement.
It shall be the duty of the building official of the City of Lubbock to enforce the
provisions of the Electrical Code of the City of Lubbock and to discharge the
responsibilities assigned to him by this article. The building official may designate
qualified employees as may be necessary to carry out the enforcement of the Electricai
Code.
SECTION 2. THAT Section 2-451 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to. read as follows:
Sec. 2-451. Licenses generally--examination of applicants.
(a) The board is hereby empowered to adopt rules and regulations not inconsistent
with the Electrical Code of the City of Lubbock for examination and reexamination of
applicants for the following licenses:
(1) Master Electrician;
(2) Master Sign Electrician;
(3) Journeyman Electrician;
( 4) Journeyman Sign Electrician;
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(5) Maintenance Electrician;
(6) In house Master Electrician; and
(7) In house Journeyman Electrician.
(b) The board shall fix a reasonable time for the examination or reexamination of all
applicants for licenses under the Electrical Code of the City of Lubbock.
(c) Examination application forms may be obtained from an approved testing agency
or from the Building!Inspection Department for applicants who wish to be licensed under
the Electrical Code qf the City of Lubbock. Applications must be filled out completely
and returned to the arproved testing agency along with payment for the examination by
the postmark deadline date. Testing fees are set by the approved testing agency.
(d) All applicants for licenses under the Electrical Code of the City of Lubbock shall
complete a license application furnished by the Building Inspection Department.
Applications shall be filed with the Building Inspection Department at least ten (10) days
before the qualifying Electrical Board Meeting
SECTION 3. THAT subsection 2-453 of the Code of Ordinances of the City of Lubbock,
Texas, be amended to read as follows:
Sec. 2-453. Grounds for Rejection of Licenses.
Applicants who have passed an examination from the approved testing agency, as set
forth in Section 2-451 of this Code, may have their request for license rejected by the Board upon
the finding of any of the following:
(1) That the application contains any false or misleading statements.
When an application has been rejected for containing a false or misleading statement
knowingly submitted by the applicant, no new application shall be considered from such
individual for a period of one (1) year.
(2) The applicant fails or refused to provide any information requested
on the application form or forms by the board.
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(3) . That the applicant has had his license revoked or suspended and
that the period of such suspension or revocation has not yet expired.
( 4) i That the applicant has failed to pass a prior examination and that
the period of time required by this Code between examinations has not yet expired.
(5) That the applicant does not possess the qualifications required for
the type of license for which he has applied.
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(6) That the applicant, within the twelve (12) month period prior to the
application, while operating or working within the corporate limits of the City, has
willfully failed to comply with provisions of the Article of the Electrical Code or has
failed to correct improper electrical installations.
SECTION 3. THAT Section 2-454 of the Code of Ordinances of the City of Lubbock,
Texas, be amended to read as follows:
Sec. 2-454. Examination Rules.
(1) Anyone may take the examination that can read and write.
(2) Anyone who has passed the examination can not take that examination
again except by special permission from the board.
(3)
first time.
A person must wait sixty (60) days after failing the examination for the
(4) A person may test every one hundred eighty (180) days after two failures
of that examination.
(5) Anyone who has failed an examination may not take an examination of a
higher category until:that applicant has successfully passed the lower category
examination. ·
SECTION 4. THAT Section 6-122 of the Code of Ordinances of the City of Lubbock,
Texas, be amended by deleting therefrom present definitions (9) and (10) and replace them with
the following:
(9) In house journeyman electrician: A person with at least four ( 4) years experience
in the electrical trade, who is a full time employee of a company or business within the City of
Lubbock which employs over one hundred (1 00) persons and who is licensed by the board as
hereinafter required.
(10) In house master electrician: A person with at least four (4) years experience as an
in house journeyman electridian, or a person who is an engineer or graduate engineer as herein
defined who is a full time employee of a company or business within the City of Lubbock which
employs over one hundred (100) persons and who is licensed by the board as hereinafter
required. i
SECTION 5. THAT Section 6-131 of the Code of Ordinances of the City of Lubbock,
Texas, be deleted and the number reserved for future use.
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SECTION 6. THAT Section 6-141 of the Code of Ordinances of the City of Lubbock,
Texas, be amended to read as follows:
Sec. 6-141. National Electrical Code adopted by reference.
The book entitled "National Electrical Code," 1999 Edition (NFPA No. 70). a
copy of which, authenticated by the signature of the building official, shall be filed with
the city secretary as a public record, is hereby adopted as a part of this Code as if fully
copied herein in detail. In the event of a conflict between any provision of the "National
Electrical Code" and the Code of Ordinances, the Code of Ordinances shall control.
References in this Code to the National Electrical Code shall mean the 1999 Edition.
SECTION 7. THAT Section 6-156 of the Code of Ordinances of the City of Lubbock,
Texas, be amended by deleting therefrom subsections ( 6) and (7) and renumbering the remaining
subsections accordingly.
SECTION 8. THAT Section 6-159 of the Code of Ordinances of the City of Lubbock,
Texas, be amended by amending the title thereof to replace the words "industrial master
electrician" and "industrial journeyman electrician" with "in house master electrician" and "in
house journeyman electrician" respectively and by deleting subsections (d) and (e) and
renumbering the remaining subsections accordingly.
SECTION 9. THAT subsection 6-160(a) of the Code of Ordinances of the City of
Lubbock, Texas, be amended to read as follows:
Sec. 6-160(a). Examination Application.
Each applicant for any of the classes of electrician's license provided for in this Article
shall make a written examination application designating the type of license which the applicant
seeks upon forms prepared and furnished by the approved testing agency, and shall file same
with the approved testing agency. All blanks provided on said application forms shall be filled in
by the applicant with the information sought, or with an explanation as to why applicants
circumstances justify omission of such information.
SECTION 10. THAT Section 6-161 of the Code of Ordinances of the City of Lubbock,
Texas, be amended to read as follows:
Sec. 6-161. Examination Appearance.
Each applicant for an electricians examination shall report at the time and place specified
by the approved testing agency for examination and each applicant shall take the examination
approved by the approved testing agency under such supervision as the approved testing agency
may direct.
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SECTION 11. THAT Section 6-162 ofthe Code of Ordinances of the City ofLubbock, I
Texas, be amended to read as follows:
Sec. 6-162. Examination Fee.
A fee shall be charged each applicant for examination for any class of electrical license in
accordance with this Code. The fee shall accompany the examination application to the
approved testing agency. The fee required by this section shall be in addition to any license fee
required by this Code.
SECTION 12. THAT Section 6-163 ofthe Code of Ordinances ofthe City ofLubbock,
Texas, be amended to read as follows:
Sec. 6-163. License; insurance requirements.
(a) Each successful applicant for any class oflicense provided for by this
Code shall pay a license fee to the building official in the amount provided by this
Article. The fee shall be paid not later than thirty (30) days after an applicant has been
notified that he has been certified by the board. No applicant shall be entitled to obtain a
permit for or undertake any electrical work within the city, until such time as the fee
required by this section has been paid. The fee herein required shall be paid to the
building official, who shall pay such fee over to the general fund of the city.
(b) Each successful applicant for master electrician or master sign electrician
shall maintain in force the following insurance or bond coverage:
( 1) One hundred thousand dollars ($1 00,000.00) of comprehensive
general liability insurance, per occurrence, including coverage for bodily injury
and property damage with products liability and completed operations coverage,
or a good and sufficient compliance bond on the city's approved bond form in the
amount often thousand dollars ($10,000.00) issued by a surety company
authorized to do business in the State of Texas and conditioned upon compliance
with all provisions of the electrical code and all other applicable ordinances and
regulations of the City of Lubbock by the principal, his agents and employees. All
sureties on said bond shall be liable for breach thereof to the City of Lubbock, to
the owner of the property upon which work is performed, to any person, firm or
corporation with whom the principal has contracted either orally or in writing to
perform electrical work, and to any person who may be damaged or injured by the
principal's failure to comply with the regulations, ordinances and electrical code
of the City ofLubbock. A claim upon said bond may be made by any person
damaged by principal's failure to perform his obligations under the ordinances,
electrical code and regulations of the City of Lubbock. Suspension or revocation
of any license or permit shall not limit the liability of either the principal or the
surety on any such bond.
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(2) Such applicant shall furnish the building official with a certificate
of insurance or a valid bond evidencing the required coverage within thirty (30)
days after he has been notified that he has passed the license examination.
(3) The insurance policy or bond shall include a provision that in the
event such coverage or bond is canceled or reduced, the insurance carrier or surety
shall notify the building official at least ten (1 0) days prior to such cancellation or
reduction in coverage. An applicant's license shall automatically be suspended
during any period in which the applicant fails to maintain in effect the required
insurance or bond.
(c) No electrical permit shall be issued to any master electrician or master sign
electrician until such time as the certificate of insurance or bond required hereinabove is
filed with the building official.
(d) It shall.not be necessary for a master electrician or master sign electrician
to furnish a certificate or insurance or a bond as required by this section if said electrician
does not actively engage in the electrical business as a master electrician or master sign
electrician and files with the building official a letter so stating. A master electrician or
master sign electrician may activate his license at any time by so advising the building
official in writing and furnishing the required evidence or insurance coverage or bond.
(e) Further, the requirements of this section shall not apply to the following:
(1) A homeowner seeking a home owner's permit to do work upon his
own residence.
(2) An in house master electrician or an industrial journeyman
electrician performing work as defined in Section 6-156.
SECTION 13. THAT Subsections 6-176(b) and 6-176(±) ofthe Code of Ordinances of the
City of Lubbock, Texas, be amended to read as follows:
(b) In the event that an apprentice electrician changes places of employment,
said apprentice shall notify the building official and provide the information required in
Section 6-176 of this Code.
(f) An apprentice electrician's work permit shall qualify the holder thereof to
undertake electrical work when such work is done or performed under the direct
supervision of one of the following:
(1) Master electrician;
(2) Master sign electrician;
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(3) Journeyman electrician;
(4) Journeyman sign electrician;
(5) In house master electrician; or
(6) In house journeyman electrician.
SECTION 14. THATSubsection 6-191(e)(4) of the Code of Ordinances of the City of
Lubbock, Texas, be amended to read as follows:
(4) In house electrical permit. An in house electrical permit shall only be issued to a
person licensed by the Board as an in house master electrician and shall authorize said
electrician to perform any type of electrical work for his employer for which his license
qualifies (See Section 6-156 of this Code). No permit issued to an in house master
electrician shall ever authorize said electrician to perform any work for any person other
than the employer of said electrician, which work shall be limited to the buildings,
grounds and equipment owned or leased by his employer.
SECTION 15. THAT Section 213 of the Code of Ordinances of the City of Lubbock, be
amended to read as follows: ·
Sec. 213. Procedure for communicating inspection result.
The building official after completing any inspection required or authorized by
this code shall notify in writing, to the permit holder, the results of this inspection. The
permit holder shall be deemed notified if the results are posted securely in a prominent
place at the job site.
If code violations have been observed, the notification shall clearly identify the
nature of the violation and shall identify the location of the violation.
SECTION 16. THAT Section 6-226(6) and (7) of the Code of Ordinances of the City of
Lubbock, Texas, be amended to read as follows:
Sec. 6-226. License examination fee.
(6) In house master electrician license examination $50.00
(7) In house journeyman electrician license examination $50.00
SECTION 17. THAT Subsections 6 and 7 of Section 6-227 of the Code of Ordinances of
the City of Lubbock, Texas, be amended to read as follows:
(6) In house master electrician license fee $202.50
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(7) In house journeyman electrician license fee $50.00
SECTION 18. THAT Section 6-227.1(6) and (7) of the Code of Ordinances of the City of
Lubbock, Texas, be amended to read as follows:
Sec. 6-227.1. License :renewal fee.
(6) In house master electrician license renewal fee $100.00
(7) In house journeyman electrician license renewal fee $25.00
SECTION 19. THAT Section 6-227.3 ofthe Code of Ordinances of the City of Lubbock,
Texas, be deleted.
SECTION 20. THAT Section 6-228(10) of the Code of Ordinances of the City ofLubbic,
Texas, be deleted
SECTION 21. THAT Section 6-249 of the Code of Ordinances of the City of Lubbock,
Texas, be amended to read as;follows:
Sec. 6-249. Electrical Non-metallic tubing.
Section 331-4 of Chapter 3 of the National Electrical Code is hereby amended by
adding a new subsection (10) to read as follows:
(1 0) In Group A, E and I occupancies as defmed by the Building Code.
SECTION 22. THAT Section 6-250 of the Code of Ordinances of the City of Lubbock,
Texas, be amended to read asJollows:
Sec. 6-250. Non-metallic Sheathed Cable (Romex) --Uses not permitted.
Section 336-5 of Chapter 3 of the National Electrical Code is hereby amended by
adding a new subsection (c) to read as follows:
(c) Non-metallic cable (Romex) shall not be used in any type of commercial
building nor shall it be used in residential buildings used as or converted into any
commercial use nor in residences used as convalescent homes, nurseries or day-care
facilities requiring a license from the State of Texas.
SECTION 23. THAT Subsection 6-265(c) of the Code of Ordinances of the City of
Lubbock, Texas, be amended to read as follows:
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(c) All dwellings and other wood framed buildings shall be grounded by using
the metallic water piping system. In dwelling units and other wood framed buildings
where water piping is .non-metallic or there is no water piping system, Article 250-50( c),
(Concrete Encased Electrode) of the National Electrical Code, shall be used. Each of the
above systems shall be supplemented by a ground rod.
SECTION 24. THAT Section 6-266 of the Code of Ordinances ofthe City ofLubbock,
Texas, be amended to read as follows:
Sec. 6-266. Commercial circuits generally.
Office space in commercial buildings shall have a minimum of four ( 4) duplex
convenience outlets per office and/or shall have a convenience outlet for every twelve
(12) lineal feet of usable wall space. Floor plugs over two (2) feet from a wall shall not be
considered in computing the number of outlets required from wall spacing. Warehouse
areas or storage areas of a commercial building shall not be required to meet this
provision. In no case shall more than seven (7) duplex convenience outlets be installed on
one (1) circuit.
SECTION 25. THAT Section 6-274 of the Code of Ordinances of the City of Lubbock,
Texas, be deleted and the number reserved for future use.
SECTION 26. THAT violation of any provision of this ordinance shall be a misdemeanor
punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas.
Each day on which a violation shall occur or continue shall be deemed a separate and distinct
offense.
SECTION 27. THAT should any paragraph, section, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 28. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of publication
provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on ftrst reading this 9t:b day of December 1999.
Passed by the City Council on second reading this -~~De~-
. . WINDY SITT , MAYOR
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TO CONTENT:
APPROVED AS TO FORM:
~~~ .AhlUlMKlright ~
Assistant City Attorney
' JMK:cp Cityatt/John & ccdocs/elecode99-2.doc
September 27, 1999 I •
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