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HomeMy WebLinkAboutOrdinance - 8856-1985 - Amending Ch. 2, Article XVII And Ch. 6, Article V, Of Code Of Ordinances - 11/21/1985JCR:da First Reading November 21, 1985 Agenda Item #13 Second Readi ng December 12, 1985 Agenda Item #9 ORDINANCE NO. _8_8_56 ___ _ AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XVII AND CHAPTER 6, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK; CREATING THE BOARD OF ELECTRICAL EXAMINERS; ESTABLISHING A QUORUM; GRANTING RULE MAKING POWERS TO THE BOARD; SETTING FORTH THE BOARD'S DUTIES, POWERS AND RESPONSIBILITIES; PROVIDING FOR THE EXAMINATION OF ELECTRICIANS; PROVIDING FOR THE GRANTING OF LICENSES FOR ELECTRICIANS; PROVIDING GROUNDS FOR REVOCATION AND SUSPEN- SION OF LICENSES GRANTED AND REJECTION OF APPLICANTS; ESTABLISHING PROCE- DURES FOR REVOCATION AND SUSPENSION OF ELECTRICAL LICENSES AND OTHER HEARINGS; PROVIDING FOR APPEALS TO THE BOARD ON QUESTIONS OF REEXAMINATION AND INTERPRETATION OF THE ELECTRICAL CODE; AUTHORIZING THE BUILDING OFFICIAL TO ENFORCE THE ELECTRICAL CODE OF THE CITY OF LUBBOCK; AUTHORIZING THE BUILDING OFFICIAL TO ACT AS SECRETARY TO THE BOARD AND ESTABLISHING THE POWERS AND DUTIES OF SUCH POSITION; PROVIDING FOR AN APPEAL; PROVIDING FOR THE REMOVAL AND APPOINTMENT OF MEMBERS OF THE BOARD; AND FURTHER PROVIDING FOR AN ELECTRICAL CODE OF THE CITY OF LUBBOCK, WHICH. CODE; PROVIDES DEFINITIONS; PROVIDES AGAINST IMPLICIT REPEAL; COORDINATES WITH THE ZONING ORDINANCE AS TO SIGNS; PROVIDES FOR IDENTIFICATION CARDS; AUTHORIZES THE BUILDING OFFICIAL TO ENFORCE THE CODE; ESTABLISHES THE SCOPE OF THE ELECTRICAL CODE; AUTHORIZES THE BUILDING OFFICIAL TO INTERPRET THE ELECTRI- CAL CODE WITH APPEALS TO THE BOARD; AUTHORIZES INSPECTIONS OF ELECTRICAL WORK; PROVIDES FOR NOTICE OF VIOLATIONS; PROVIDES FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1984 EDITION; REQUIRES LICENSES FOR ELECTRICAL WORK; RECOGNIZES ELECTRICAL LICENSES FROM OTHER CITIES; ESTABLISHES CLASSIFICATIONS OF ELECTRICAL LICENSES; PROHIBITS ELECTRICAL WORK NOT AUTHORIZED BY LICENSE; ESTABLISHES ELIGIBILITY FOR VARIOUS CLASSES OF ELECTRICAL LICENSES; PROVIDES FOR APPLICATION AND EXAMINATION OF ELECTRI- CIANS; PROVIDES AN EXAMINATION FEE; SETS FORTH LICENSE FEES AND INSURANCE REQUIREMENTS; PROVIDES FOR NOTIFICATION OF THE BUSINESS ADDRESS OF CERTAIN CLASSES OF ELECTRICIANS; ESTABLISHES RESPONSIBILITY OF MASTER ELECTRICIANS AND MASTER SIGN ELECTRICIANS FOR THEIR EMPLOYEES; PROVIDES FOR INSPECTIONS; REQUIRES VEHICLE IDENTIFICATION; PROVIDES FOR PERMITS FOR ELECTRICAL WORK; ESTABLISHES FEES; SETS FORTH GENERAL SPECIFICATIONS FOR ELECTRICAL WORK; AND ESTABLISHES REGULATIONS FOR ELECTRICAL WORK ON SIGNS; PROVIDING FOR THE ADOPTION OF THE NATIONAL ELECTRICAL SAFETY CODE, 1984 EDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the present Board of Electrical Examiners of the City of lubbock has determined that there is a need to update and modernize those provisions of the Code of Ordinances of the City of lubbock that establish the Electrical Code of the City and provide for the Board of Electrical Examiners; and WHEREAS, it is in the best interest of the health and safety of the citizens of the City of Lubbock that such provisions of the Code of Ordinances of the City of Lubbock be kept current with modern electrical codes and regulations; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 2, Article XVII of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: "ARTICLE XVII. BOARD Of ELECTRICAL EXAMINERS Sec. 2-439. Definition for the purposes of this article, the "Board11 shall mean the City of Lubbock Board of Electrical Examiners. Sec. 2-440. Created The administration of the appeal and licensing provisions of the City Electrical Code shall be vested in the Board. Sec. 2-441. Membership The Board shall consist of eleven (11) members. The following persons shall serve as ex-officio members of the Board during the terms of their respective offices, but they shall not be entitled to vote: The Building Official or his designated representative, the Director of Electric Utilities or his appointee (City of Lubbock), the Division Superintendent of the Southwestern Public Service Company for the City of Lubbock or his appointee, and the General Manager of South Plains Electrical Cooperative or his appointee. The remaining seven (7) members shall be appointed by the City Council, and they shall include: two (2) licensed and active master electricians, one licensed and active journeyman electrician, one electrical engineer not actively engaged in the electrical contracting business, one general contractor, one residential contractor, and one layman not actively engaged in any construction business. Three (3) of the seven (7) voting members shall be initially appointed for a term of one (1) year and four (4) of the seven (7) voting members shall be initially appointed for a term of two (2) years. Thereafter, all appointments of the seven (7) voting members shall be for a term of two (2) years, however, no voting member of the Board shall serve for more than two (2) consecutive terms. The chairman shall be elected by the voting members of the Board annually at the regular meeting in January. - 2 - Sec. 2-442. Supplies The City shall provide the Board with proper books of record, blank forms, stationary and supplies, proper and adequate for the conduct of its business. Sec. 2-443. Quorum Any four (4) of the seven (7) voting members of the Board shall constitute a quorum for the transaction of all business before the Board except where a greater number is specifically required by other provisions of this Code. Sec. 2-444. Rules, Policies (a) The Board is directed to adopt such policies and promulgate such rules and regulations, not inconsistent with this article, and the City Charter, and the City Electrical Code, as it may find necessary to expedite the enforcement and administration of such duties as are in this Code delegated to said Board. All policies, rules and regulations which shall be adopted by said Board shall be reduced to writing and kept in book form in the office of the Building Official and open to the public at all reason- able times. (b) All master electricians and master sign electricians currently licensed under the City Electrical Code shall be notified in writing of any changes to such rules and regulations. Sec. 2-445. Interpreting the Code (a) In all cases where a proper appeal has been made in accordance with the provisions of Sec. 6-135 of the Code of Ordinances of the City of Lubbock the Board is hereby authorized, empowered and directed to interpret any word, clause, sentence, paragraph or other provision contained in the City Electrical Code. When a question arising by appeal is acted upon by the Board, it shall be by a majority vote of the Board hearing said appeal, and the Board's decision in each case shall be reduced to writing and filed in the office of the Building Official. (b) Each decision rendered by the Board in accordance with the provisions of subparagraph (a) of this section shall be final and binding on all persons. (c) Any decision rendered by the Board in accordance with this section may be modified or revoked when the Board finds facts and circum- stances warrant such action. Any decision made under this provision which substantially changes, modifies, or revokes a prior decision of the Board made under this section shall not become effective until ten (10) days -3 - after the decision of the Board has been filed in the office of the Building Official, unless specifically ordered to the contrary by the Board. (d) This section shall never by construed as granting any legislative power to the Board, such power being exclusively in the City Council of the City of Lubbock. (e) A copy of any decision of the Board rendered under this section shall be mailed to every licensed master electrician or master sign electrician within the City of Lubbock affected by said decision and to any other person designated by the Board to receive same. Sec. 2-446. Recommendation for Improvement of Electrical Code The Board is hereby directed to submit to the City Council its written recommendations, as necessary, for the improvement of this article and the City Electrical Code. Sec. 2-447. Powers & Duties The Building Official or his designated representative shall act as the Secretary of the Board with the following powers and duties: (1) To keep and maintain a full record of all proceedings of the Board. (2) To administer oaths in hearings held before the Board concerning the granting, denying, suspension or revocation of a license, requested or issued, pursuant to this article. (3) To certify all official acts of the Board. (4) To issue subpoenas for attendance of witnesses and the production of books and papers at all hearings oefore the Board concerning the granting, denying, suspension or revocation of a license, requested or issued, pursuant to this article. (5) To the extent requested by the Board, assist the Board in keeping all examination procedures and forms up to date with the provi- sions of the Electrical Code of the City of Lubbock. (6) To recommend to the Board questions for inclusion in examination for licenses authorized by this article. (7) To prepare such examination material as may be requested and approved by the Board for use in the examination to be given to all applicants for each class of electrician's license. - 4 - Sec. 2-448. Same -Duties Section 2-448 of this article is hereby repealed. Sec. 2-449. Same -Violations of Electrical Code 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. Sec. 2-450. Same -License Issuance and Renewal The Board shall, after it has determined that an applicant has satisfied the requirements of the Electrical Code of the City of Lubbock, instruct the Building Official to physically issue the license to which the applicant has shown himself entitled. The Building Official shall further issue all renewal licenses as authorized by this Code. Sec. 2-451. License Generally-Examination of Applicants (a) The Board shall, after every applicant has satisfied the require- ments thereof, issue all licenses required by the Electrical Code of the City of Lubbock, as set forth in Article V of Chapter 6 of the Code of Ordinances of the City of Lubbock. The Board is hereby empowered to adopt rules and regulations, not inconsistent with the Electrical Code of the City of Lubbock above described, for the examination and reexamination of applicants for the following licenses: ( 1) Master Electrician (2) Master Sign Electrician (3) Journeyman Electrician (4) Journeyman Sign Electrician (5) Maintenance Electrician (6) In House Master Electrician (7) In House Journeyman Electrician (b) The Board shall fix reasonable times for the examination or reexamination of all applicants for licenses under the Electrical Code of the City of Lubbock. (c) The Board shall furnish all necessary forms to each applicant who wishes to be licensed in accordance with the terms of the Electrical Code of the City of Lubbock. - 5 - (d) All applications for examination, for any type of license set forth above, must be filed with the Board thirty (~0) days before the date of examination and shall be accompanied by payment of all examination fees. Sec. 2-452. Same -Examination Procedures (a) The Board shall prescribe the form, substance and length of the examination for all classes of electricians' licenses authorized by the Electrical Code of the City of Lubbock. The subject matter of the examina- tion, for every class of licenses to be issued by the Board, may test the applicant on the following: (1) Knowledge of any or all types of electrical installation authorized by law within the City of Lubbock. (2) His knowledge of electricity and diagrams of any or all types of electrical installations authorized by law within the City of Lubbock. (3) His knowledge and familiarity with the National Electrical Code as currently adopted by the City of Lubbock. (4) His practical and working knowledge of electrical wiring and construction. (5) His knowledge and familiarity with the Electrical Code of the City of Lubbock as set forth in Art. V, Chapter 6 of the Code of Ordinances of the City of Lubbock. (b) The weight to be given by the Board to each question asked upon examination shall be at the sole discretion of the Board. The Board is further authorized to give more weight to a particular part of any examina- tion given at its sole discretion. (c) Every examination given by the Board for all types of electrical licenses shall be structured by the Board so that a score of one hundred (100) percent shall be a perfect score. Every applicant taking an examina- tion for any type of electrical license must receive a minimum score of seventy (70) percent to pass the examination and be eligible for licensing under the Electrical Code of the City of Lubbock. (d) The Board may utilize any national testing firm, corporation or association to prepare and grade all examinations authorized by the Electrical Code of the City of Lubbock. In every case w~ere the Board utilizes the services of a national testing firm, corporation or associa- tion the test so provided shall test each applicant in accordance with subparagraph (a) of this section. - 6 - Sec. 2-453. Ground of Rejection Applicants for any type of license examination as set forth in Sec. 2-451 of this Code may be rejected by the Board and not examined upon a 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) That the applicant fails or refuses to provide any information requested on the application form or forms by the Board. (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) That the applicant has failed to pass a prior examination and that the period of time required by this Code between examina- tions has not yet expired. (5) That the applicant does not possess the qualifications required for the type of license for which he desires examination. (6) That the applicant, within the twelve (12) month period prior to application, while operating or working within the corporate limits of the city, had willfully failed to comply with provi- sions of this article or the Electrical Code or had failed to correct improper electrical installations. Sec. 2-454. Re-Examination (a) In each case where an applicant has failed to receive a passing grade of at least seventy (70) percent on an examination taken by said applicant for any type of license set forth in Sec. 2-451 of this Code, he may apply for reexamination as follows: (1) The applicant must submit a new application to the Board and pay all fees for such examination. (2) In the case of an applicant's first reexamination, the applicant may apply for reexamination immediately and, provided his application is approved by the Board in accordance with the provisions of this Ordinance, shall be scheduled to take the next regularly scheduled examination set by the Board. - 7 - (3) In the case of an applicant's second reexmaination request, the applicant may apply for reexamination immediately and, provided his application is approved by the Board in accordance with this Ordinance, shall be scheduled to take the second regularly scheduled examination set by the Board after his application is received. (4) In the case of an applicant's third reexamination request, the applicant shall file his application with the Board, however, the applicant shall not be reexamined until he has applied to the Board for a hearing to show cause why he shall be reexamined. In every case where the Board holds a hearing under this subsection the burden of proof shall be upon the applicant to show cause why he should be reexam- ined. (b) In every case where an applicant for examination has been rejected to take an examination in accordance with the provisions of Sec. 2-453 the applicant may apply for a reexamination as follows: (1) The applicant must submit a new application to the Board and pay all fees for such examination. (2) In addition to the requirements set forth in subparagraph (1) above the applicant shall file a sworn statement, which statement shall contain sufficient detail to demonstrate to the Board that the basis of the Board's prior rejection has been corrected by applicant and is no longer a basis for rejection by the Board of applicant's request for examina- tion. (3) The Board shall consider the application and the sworn statement and determine in each case if applicant is entitled to examination. In addition to the application and the sworn statement submitted by the applicant, the Board shall have the authority to request of the applicant any other information which it deems necessary in arriving at its decision. (4) In every case where the Board has rendered a decision adverse to the interest of any applicant applying for reexamination under Sec. 2-454(b), the applicant may apply to the Board for a hearing before the Board to allow the applicant to show cause why such decision of the Board should be modified, altered or set aside and the applicant admitted to examination. In every case where the Board undertakes such a hearing the burden of proof shall be upon the applicant. Any request for a hearing before the Board - 8 - I ~ f under this subsection must be filed in writing with the Board within ten (10) days of the date of the decision of the Board. Sec. 2-455. Same -Revocation, Suspension, Procedure (a) The Board is hereby authorized either to suspend for a period of time not to exceed one (1) year or revoke the license of any electrician licensed by the Board for proper cause as hereinafter set forth in this Ordinance. (b) The Board shall follow the following procedures in exercising the powers set forth in subparagraph (a) of this section: (1) In every case where the Board is to determine whether or not an electrician's license is to be suspended or revoked, the Board shall proceed upon a sworn affidavit of the Building Official of the City of lubbock or his designated represen- tative or upon sworn affidavit of any person aggrieved by the action of an electrician licensed by the Board. The affidavit shall set forth the ground or grounds as herein- after set forth upon which the affiant relies to suspend or revoke the license in question together with sufficient facts in support thereof. (2) In each case where the Building Official or his designated representative or an aggrieved person seeks to commence action to suspend or revoke the license of an electrician licensed by the Board, they shall prepare the required affidavit in writing and shall file the original and two (2) copies with the City Secretary of the City of lubbock who shall note the date and time of filing of said affidavit and shall forward a copy to the Chairman of the Board and to the electrician who is the subject of the allegations. The City Secretary shall retain one copy of the affidavit in his files. The City Secretary shall forward the copy of the affidavit to the electrician named in the affidavit by certified mail, return receipt requested. (J) The electrician named in the affidavit shall have ten (10) days from the date of receipt of said affidavit to file a sworn response to the charges set forth in the affidavit. The electrician in question shall file the response and two (2) copies with the City Secretary who shall forward one (1) copy to the Chariman of the Board and one (1) copy to the person filing the affidavit to which the response is directed. The City Secretary shall retain the original response in his office. - 9 - (4) The Chairman of the Board, upon receipt of an affidavit of complaint for suspension or revocation of the license of any electrician licensed by the Board, shall give notice of such affidavit of complaint to each member of the Board. After each member of the Board has been notified of the affidavit of complaint, the Board shall meet at a regular meeting or a special meeting called by the Chairman for the purpose of entering an Order of the Board setting a date and time at which the Board shall enter upon a hearing to determine whether or not the electrician in question should have his license suspended or revoked. The Board shall cause a copy of its Order setting a hearing in the matter to be served upon the electrician named in the affidavit of complaint by certified mail, return receipt requested, at least ten (10) days prior to the date of the hearing set by the Board. (5) The Board shall thereafter meet at the time and place set forth in its Order and enter upon a hearing to determine whether or not the Board shall order the license of the electrician in question suspended or revoked. (6) The Board shall cause a copy of its final Order to be served upon the electrician in question by certified mail, return receipt requested, and shall file a copy of its Order with the City Secretary. (7) In each case where the Chairman of the Board has received the affidavit of complaint, which in the unanimous opinion of the Board sets forth allegations which would cause immediate danger to life or property, the Board may, by unanimous vote, enter its Order temporarily suspending the license of the electrician named in the affidavit of complaint for a period of time not to exceed twenty (20) days. In every case where the Board enters a temporary Order of suspension as herein authorized, the Board shall enter upon its final hearing on the merits of the complaint prior to the expiration of the temporary Order of suspen- sion. (8) In every case where an electrician has had his license suspended by Order of the Board, he shall not be eligible to undertake any electrical work within the City of Lubbock during the term of suspension set forth in the Board's Order. At the conclusion of the term of suspension the electrician's license shall automatically be reinstated or renewed in accordance with the provisions of this Code and he may once again undertake electrical work within the City of Lubbock. -10 - (9) In every case where an electrician has had his license revoked by Order of the Board, he shall not be eligible to undertake any electrical work within the City of Lubbock until such time as he has successfully qualified for a new license as provided in this Ordinance. Any electrician whose license has been revoked shall be ineligible to apply for a new license for a period of one (1) year from the date of the Order of the Board revoking his license. Sec. 2-456. Grounds for Suspension or Revocation (a) One or more of the following shall constitute cause for suspen- sion or revocation for any class of electrical license issued by the Board: (1) The failure or refusal by an electrician, after due notice from the Building Official or his designated representative, to correct any electrical work found to be in violation of the Electrical Code of the City of Lubbock. (2) The furnishing of false or incorrect information in any application submitted to the Board for licensing under the Board Powers. (3) To knowingly cause or allow wiring to be covered or con- cealed from sight prior to inspection by the Building Official or his designated representative. (4) The refusal to uncover or make available for inspection by the Building Official or his designated representative any electrical wiring or work inadvertently covered or concealed by the electrician. (5) A final conviction in a court of law of any violation of the Electrical Code of the City of Lubbock. (6) A plea of nolo contendere entered by any electrician licensed by the Board entered to any complaint or charge against him in which he is charged with a violation of the Electrical Code of the City of Lubbock and upon which the Court has entered a judgment of conviction against the electrician. (7) The habitual violation of the Electrical Code of the City of lubbock. ("Habitual violation" shall mean three (3) or more separate violations of a similar or identical nature occurring at separate job sites within any twelve (12) month period, except minor violations of division 6 of this Code). -11 - (8) Any violation of the Electrical Code of the City of lubbock which violation is a clear and present danger to life or property. (9) The failure of any licensed master electrician or master sign electrician to maintain adequate supervision over all journeyman and others licensed under this Code, working directly under or for him on any project or job for which a permit has been secured by the master electrician or master sign electrician. Adequate supervision for the purposes of this subsection shall mean that the master electrician or master sign electrician shall maintain such contact with a job or project for which he has obtained a permit as necessary to assure that those electricians under his control and direction are complying and have complied with all applicable provisions of the Electrical Code of the City of lubbock. (10) It shall be a ground for suspension or revocation of a license issued to a master electrician or a master sign electrician if the Board finds by a preponderance of evidence that a master electrician or master sign electri- cian has obtained a permit under the Electrical Code of the City of lubbock and has allowed any other electrician to work upon the job or project for which the permit was issued other than those electricians licensed by the Board under his direct employment and supervision. This subsection shall not apply, however, in the case of a joint venture by any two or more master electricians or master sign electri- cians, provided that at the time the permit is obtained for the job or project in question the fact that the project is to be a joint venture is noted upon the permit at the time of issuance along with the name and address of the master electrician or master sign electrician who will have immediate responsibility and control over the job or project from which the permit is obtained. (11) It shall be a ground for revocation of any license issued to any electrician licensed by the Board that the electrician in question has had his license suspended by the Board on two (2) separate occasions within an eighteen (18) month period of time. (12) It shall be a ground for suspension of a license issued by the Board if a holder of a license required to furnish a certificate of insurance in accordance with this Code has failed to furnish said certificate or maintain the requisite insurance coverage such certificate evidences. -12 - (13) It shall be a ground for suspension of any license issued by the Board if an applicant for renewal of said license fails or refuses to furnish any information requested by the Board in writing concerning the applicant's ability, training, experience or performance as an electrician. (14) It shall be a ground for suspension or revocation of a license issued to a journeyman electrician or journeyman sign electrician for any such electrician to undertake any electrical work when such electrical work is not under the supervision of a master electrician or master sign electri- cian. (15) It shall be a ground for suspension, only of a license issued to a master electrician or master sign electrician, for any such electrician to fail to keep his current phone number and address on file with the Building Official. (16) It shall be a ground for revocation of a license issued to any class of electrician licensed by the Board for any such electrician to undertake any electrical work during the time his license has been suspended by the Board. (17) It shall be a ground for suspension or revocation of a license for any electrician authorized by this Code to obtain permits for electrical work to undertake any electri- cal work without first obtaining the required permit, unless specifically authorized by this Code to secure such permit at a later date. (18) It shall be a ground for suspension or revocation of a license issued to any class of electrician licensed by the Board to perform any electrical work not authorized to be performed or undertaken under the terms of the license held by such electrician. (19) It shall be a ground for suspension or revocation of a license issued to any master electrician or master sign electrician to allow any person to perform electrical work on a job site for which the electrician has secured a permit when such person is not authorized by this Code to perform such electrical work. Sec. 2-457. Procedure for Conduct of Hearings In all cases where a public hearing is authorized or required to be held by this Board the following procedures shall be followed: -13 - (1) A record of the entire proceedings shall be made by tape record- ing or by any other means of permanent recording determined to be appropriate by the Board. (2) In addition to the record of the proceeding made by the Board, any person appearing before the Board may at his expense have the proceeding recorded by a duly certified court reporter. In every case where a court reporter is employed the person employing the reporter shall furnish a transcript of the hearing as produced by the reporter to the Board at no cost to it. (3) The Board may grant a continuance of a hearing for good cause shown. (4) The Chairman of the Board or the Board's Secretary shall have the power to administer oaths or affirmations at any hearing conducted by the Board. (5) Notice of any hearing held by the Board shall be sent to any person affected by certified mail return receipt requested and be in substantially the following form: TO (Name) ADDRESS NOTICE OF HEARING "You are hereby notified that a hearing will be held before the City of Lubbock Board of Electrical Examiners at --r-"'""":"'l...---:-----=-on the day of --~1:-:9::----at the hour of o'clock .m. The subject matter of the hearing is as follows: You may be present at the hearing and may represent yourself or be represented by legal counsel of your choice. -14 - You may present any relevant evidence on your behalf concerning the subject matter of the hearing and will be given the full opportunity to cross-examine all witnesses offering evidence against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents, papers or other matters by filing a written request for such subpoena with the Secretary of the Board." (6) The Secretary of the Board shall issue all subpoenas requested in writing by any party to a hearing before the Board. It shall, however, be the obligation of the requesting party to furnish to the Secretary of the Board all necessary information for the proper issuance of any subpoena. (7) The Board itself, in addition to any party to a hearing held by the Board, may by motion request a subpoena to be issued to compel the attendance of any witness or the production of books, papers, documents or other things in the interest of fairness. (8) The Secretary of the Board shall not issue any subpoena when the requesting party fails to provide the necessary information to the Secretary for its issuance. (9) The right to cross-examination shall be allowed to all parties to a hearing held before the Board. (10) The right to be represented by legal counsel shall be extended to all parties to a hearing before the Board. (11) The right to call a witness on his behalf shall be extended to all parties to a hearing before this Board. (12) In every case where the subject matter of the hearing before the Board is the suspension or revocation of the license of any electrician licensed by the Board, the burden of proof shall be upon the person or persons commencing such action. (13) During a hearing held before the Board, any member of the Board shall have the right to direct any question to either party to such hearing. (14) Oral evidence shall be taken only on oath or affirmation of the witness offering such evidence. -15 - (15) Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. (16) The Board shall have in mind that it is conducting an administra- tive hearing and, consistent with the provisions of this section, may adopt any rules necessary to conduct such hearing held before it. (17) The Board shall render its decision in writing within five (5) days of the conclusion of any hearing held before it. Sec. 2-458. Appeals Any person whose license has been revoked or suspended by action of the Board of Electrical Examiners or any applicant for any class of electrician's license who feels that he has been aggrieved by the action of the Board of Electrical Examiners because of any alleged arbitrary or capricious action of the Board of Electrical Examiners, may appeal this decision to the Permit and License Appeal Board (See Sec. 2-163 of the City Code) within ten (10) days after the written decision of the Board of Electrical Examiners has been filed in the office of the secretary of the Board and a copy has been served on the licensee or applicant for an examination. The filing of the notice of appeal by the licensee whose license has been suspended or revoked shall operate to stay the suspension or revocation order until the Permit and License Appeal Board renders its decision. The City Secretary shall notify the City Manager upon receipt of written notice of appeal filed in accordance with the provisions of this section and the City Manager shall, upon such notice, convene a meeting of the Permit and License Appeal Board in accordance with the provisions of Sec. 2-165 of the Code of Ordinances of the City of Lubbock. The Permit and License Appeal Board may affirm, modify or vacate any finding of the Board of Electrical Examiners or enter any order which it may deem neces- sary. On entry of such order the Board shall within a reasonable time comply with such order, not to exceed forty-five (45) days from the execution of such order by the Permit and License Appeal Board. Sec. 2-459. Vacancies; Removal If, for any reason, any of the members of the Board shall be unable to act, or shall resign from their respective positions, or shall be removed for any cause, then the City Council shall appoint a successor or succes- -16 - sors who shall fill out the unexpired term, or until respective successors shall be appointed. Any appointed member of the Board may be removed as a member, with cause, by a majority of the City Council. SECTION 2. THAT Chapter 6, Article V of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Sec. 6-121. In General ARTICLE V. ELECTRICAL CODE DIVISION 1. GENERALLY This Article shall be known and may be cited as "The Electrical Code of the City of Lubbock." Sec. 6-122. Definitions As used in this Article or Article XVII of Chapter Two of the Code of Ordinances of the City of Lubbock, Texas, the following terms shall have the meanings ascribed to them as hereinafter set forth: (1) Board: The City of Lubbock Board of Electrical Examiners. (2) Building Official: The duly appointed person who holds the position of Building Official of the City of Lubbock. (3) Code: The Electrical Code of the City of Lubbock, Texas. (4) Direct Supervision: The review and inspection of all electrical work by a supervisor, who shall be either a licensed journeyman electrician, journeyman sign electrician, in house journeyman electrician, master electrician, master sign electrician or in house master electrician who shall be actually present at the job site at all times while electrical work is in progress. (5) Electrical Maintenance Work: The keeping in safe repair and operating condition of any and all electrical installations, apparatus and equipment within or without any building or structure or located in or upon any lot or premises within the City of Lubbock. (6) Electrical Work: (a) All wiring, circuits, fixtures, appurtenances and appliances for the supply of electrical power, for all personal, domestic and commercial purposes in and about buildings or other structures where persons live, work or assemble; all -17 - wiring, circuits, fixtures, appurtenances and appliances outside such buildings or structure connecting the building with the source of electricity. (b) The installation, repair and maintenance of all w~r~ng, circuits, fixtures, appurtenances and appliances in and about buildings or structures where persons live, work or assemble, for a supply of electricity; and (c) All other activities, including demolition of structures where energized circuits exist, installations or measures incidental to the distribution or electrical energy which are covered, regulated or in any fashion controlled by the specific sections of this Code. (7) Engineer: A person who is registered to practice engineering in the State of Texas and is actively engaged in electrical design or consulting services within the State of Texas. (8) Graduate Engineer: A person who holds a degree in electrical engineering from any accredited college or university. (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 (100) 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 electrician, 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. (11) Inspector: The Building Official or his designated representa- tive, qualified in electrical Code inspections who shall have the duty of inspecting any and all electrical work for Code compliance. (12) Job Site: The specific premises or installation described in the electrical permit under which electrical work is being per- formed. (13) Journeyman Electrician: Any person licensed by the Board as a Journeyman Electrician or any person who has been licensed by any other City operating under the "National Electrical Code," currently adopted edition (See Sec. 6-141), or later edition of said Code and presents to the Building Official a certified copy -18 - 1 II ,, i! I ~.: of his license together with a letter from the Building Official of the City in which the electrician has obtained his license stating that said City has adopted and is operating under the aforementioned National Electrical Code and meets the require- ments of Section 6-153 of this Code. (14) Journeyman Sign Electrician: Any person licensed by the Board as a Journeyman Sign Electrician or any other person who has been licensed by any other City operating under the "National Electrical Code," currently adopted edition (See Sec. 6-141), or later edition of said Code and presents to the Building Official a certified copy of his license together with a letter from the Building Official of the City in which the electrician has obtained his license stating that said City has adopted and is operating under the aforementioned National Electrical Code and meets the requirements of Sec. 6-153 of this Code. (15) Maintenance 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 and whose duty it is to maintain the existing electrical system, including all fixtures and appurten- ances contained in a building, structure, lot or premises owned or operated by his employer. (16) Master Electrician: Any person licensed by the Board as a Master Electrician or any other person who has been so licensed by any other City operating under the "National Electrical Code," currently adopted edition (See Sec. 6-141), or later edition of said Code and presents to the Building Official a certified copy of his license together with a letter from the Building Official of the City in which the electrician has obtained his license stating that said City has adopted and is operating under the aforementioned National Electrical Code and meets the require- ments of Sec. 6-153 of this Code. (17) Master Sign Electrician: Any person licensed by the Board as master Sign Electrician or any other person who has been so licensed by any other City operating under the "National Elec- trical Code," currently adopted edition (See Sec. 6-141), or later edition of said Code and presents to the Building Official a certified copy of his license together with a letter from the Building Official of the City in which the electrician has obtained his license stating that said City has adopted and is operating under the aforementioned National Electrical Code and meets the requirements of Sec. 6-153 of this Code. (18) N.B.F.U.: The National Board of Fire Underwriters. -19 - !: ~ i t: I' Ji i: 1: n (19) N.E.C.: The National Electrical Code as adopted by the City of Lubbock, compiled by the National Fire Protection Association. (20) (21) Signs: Any physical device, panel or installation attached to or located on a building, premises or structure, used to display any message or communicate any thought or idea and which uses electrical current for its intended operation. Window Sign: Any tubing containing neon gas located or installed on the inside of any window used to display any message or communicate any thought or idea and which uses electrical current for its intended operation. li 11 1· Sec. 6-123. I Construction Against Implicit Repeal I This article being a general ordinance intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent ordinances if such construction can reasonably be avoided. Sec. 6-124. Zoning Ordinance Control Whenever there is a conflict between the provisions of this Code governing signs and the provisions of the zoning ordinances of the City, the provisions of the zoning ordinances shall control. Sec. 6-125. Senior Electrical Inspector -Office Created Section 6-125 of this article is hereby repealed. Sec. 6-126. Appointment Section 6-126 of this article is hereby repealed. Sec. 6-127. Duties Section 6-127 of this article is hereby repealed. Sec. 6-128. Electrical Inspector or Deputy Electrical Inspector -Quali- fications Sec. 6-128 of this article is hereby repealed. Sec. 6-129. Examinations Section 6-129 of this article is hereby repealed. -20 - Sec. 6-130. Identification Cards The Building Official or his designated representative shall have identification cards in their possession at all times when engaged in the enforcement of this Code. Identification cards issued in accordance with this section shall state the name of the individual, the position held by the individual, the date of issuance and contain a statement that the individual is authorized to enforce this Code. Identification cards shall be shown upon the request of any person at the job site to be inspected. Sec. 6-131. Delegation of Duties It shall be the duty of the Building Official of the City of Lubbock to enforce the provisions of this article, however, said Building Official is hereby authorized to designate qualified employees serving under his direction and control to assist in the discharge of such duty. Sec. 6-132. Conflict of Interest No person discharging the duties of inspector under this Code shall be an employer or employee of or have any pecuniary interest, direct or indirect, in any business, firm, company or association engaged in any phase of electrical work within the City of Lubbock. Sec. 6-133. Administration Section 6-133 of this article is hereby repealed. Sec. 6-134. Scope All electrical work installed within the City shall be installed in conformity with the provisions of this Code and it is hereby declared to be unlawful for any person, firm or corporation to install any electrical work in violation of the provisions of this Code and the N.E.C. as adopted. Sec. 6-135. Interpretations; Appeals (a) It shall be the duty of the Building Official to interpret the provisions of this Code as may be necessary to administer and enforce the provisions hereof. (b) Any person or persons, jointly or severally, who may be aggrieved by the interpretation of the Code rendered by the Building Official may appeal the decision of the Building Official to the Board. (c) Any person or persons seeking to appeal the decision of the Building Official rendered in accordance with this section shall comply with the following requirements: -21 - ~ :I ,, !i II :i i t I :I II II I (1) Written notice of the appeal must be made to the Board within five (5) days of the date on which the Building Official rendered his decision. (2) The appeal must clearly set forth the decision of the Building Official, together with the position of the person taking the appeal to the Board. (3) The person seeking the appeal must set forth his reasons in support of his position, together with any evidence he may have in support of his position. (4) The written appeal shall be filed with the Secretary of the Board and a copy delivered to the Building Official. (5) The Building Official shall have a period of five (5) days from receipt of the appeal to file a response thereto with the Board. (6) In cases of emergency to life or property, which emergency shall be specifically set forth in the written appeal filed with the Board, the Board shall render a decision on such appeal within twenty-four (24) hours from the time said appeal is filed with the Board. The Board shall determine in any such case whether or not a true emergency exists and its decision in this regard shall be final. (7) In every case to be heard by the Board on an emergency basis the Building Official shall be present and be allowed to present his position to the Board. (B) The decision of the Board on any appeal taken under this section shall be final and binding. Sec. 6-136. Premises Involved in fire; Reinstatement of Service (a) In every case where the Chief of the fire Department of the City of Lubbock or its fire Marshal determines that a fire originated due to any of the following causes: (1) faulty electrical wiring (2) Overloading of electrical equipment (3) Overloading of electrical lines (4) Unauthorized electrical installation -22 - I I, it shall be the duty of the fire Chief or Fire Marshal to have the premises r involved fully inspected by the Building Official. (b) In every case where the Building Official finds that a fire has originated for any of the reasons set forth in this section, no electrical service shall be reinstated or reconnected to the property by any electri- cian or by the owner of said property until such time as the conditions have been repaired in compliance with this Code and approved by the Building Official. (c) Notwithstanding the prov1s1ons of subparagraphs (a) and (b) of this section, the Building Official may approve temporary electrical service necessary to complete repairs or reconstruction of the property in question. Sec. 6-137. Interference with Entry of Inspector; Concealment of Wiring, Etc. Right of Entry -Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or Inspector has reasonable cause to believe that there exists in any building or upon any premises any condition or Code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or inspector msy enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official or inspector by this Code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or inspector shall have recourse to every remedy provided by law to secure entry. When the Building Official or Inspector shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building official or Inspector for the purpose of inspection and examination pursuant to this Code. Sec. 6-138. Violation; Notification When the Building Official or Inspector observes or if it comes to his attention that any electrical work is installed contrary to or in violation of the provisions of this Code it shall be his duty to immediately notify the responsible master electrician, master sign electrician, other permit- -23 - ted electricians, or the owner or occupant of the premises to immediately correct such installation or cease work on the entire installation until the violation is corrected. Sec. 6-139. Improperly Installed or Defective Equipment (a) In the event any part of any electrical equipment or wiring in or about any building, facility, installation, premises or lot within the City of Lubbock is found to have been installed or connected in violation of the provisions of this Code, it shall be the duty of the Building Official or Inspector to notify in writing the owner of the premises, or the tenant of the premises, or the person in possession of the premises to immediately cease using electrical current in any such violation identified by the Building Official or Inspector. (b) In the event any part of any electrical equipment or wiring in or about any building, facility, installation, premises or lot within the City is found to have fallen into a state of disrepair which would render the use of such electrical equipment dangerous to life or property, it shall be the duty of the Building Official or Inspector to notify in writing the owner of the premises, or the tenant of the premises, or the person in possession of the premises to immediately cease using electrical current in any such violation or condition identified by the Building Official or Inspector. (c) The written notice required in this section shall state the following: (1) The date that the inspection was made by the Building Official or Inspector where violations of this Code or conditions dangerous to life or property were found. (2) The section or sections of the Code which the inspection reveals have been violated. (3) In the case of conditions dangerous to life or property, a brief description of said conditions. (4) A specified time, not to exceed ten (10) days from the date of the written notice, to correct all Code violations identified or to correct all conditions identified as dangerous to life or property. (5) A statement advising the owner, tenant or person in control and possession of the building, facility, installation, premises or lot that, if there are any persons using the area in question who require electrical service for life -24 - support, that it is the duty of the person rece~v~ng this notice to immediately and without failure to notify the Building Official of such fact. (d) In the event that the owner, tenant or person in possession of the premises identified in the above written notice fails to take action necessary to correct any and all Code violations or conditions dangerous to life or property within the time specified in the written notice the Building Official or Inspector shall take the following action: (1) The Building Official or Inspector shall serve upon the owner, tenant or person in possession of the property an Order to cease use of the property, facility, installation, premises or lot until such time as proof is presented to the Building Official that all defects have been corrected and such work is verified by inspection, or (2) In every case where the violation of this Code found to exist is of such a nature as to cause immediate danger to life or property, the Building Official shall issue an Order to the Public Utility supplying such power to immediately terminate such electrical service until such time as all Code violations are corrected. (3) In the event that the owner, tenant or person in possession of the building, facility, installation, premises or lot fails to comply with an Order of the Building Official issued under subsection (1) above set forth within three (3) days of receipt of said Order, then in such event the Building Official shall issue his Order as provided in subsection (2) above set forth to the Public Utility providing the electrical services. (4) Notwithstanding any provision set forth in subsections (1) through (3) above, when the Building Official has been notified by the owner, tenant or person in possession of the building, facility, installation, premises or lot that there is a person residing within any of the foregoing structures or areas who requires electrical service for life support, the Building Official is authorized to take one or all of the following courses of action: (a) Notify the owner, tenant or person in possession of the structure or area described above to immediately make arrangement to provide an alternative location for the person involved. -25 - (b) Withhold taking action to terminate electrical service for a reasonable period of time not to exceed ten (10) days. (c) To terminate all electrical service not necessary for the life support of the person or persons involved. (d) To request the City Attorney to seek a proper Court Order requiring the relocation of the person or persons involved. Sec. 6-140. Liability for Defective Work This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring connections, fixtures, appliances, apparatus, machinery, equipment or work, inside or outside, overhead or underground in the City, for damages to any person injured by defects therein, nor shall the City be held as assuming any liability by reason of the inspection authorized by this Code or certificate or permit issued as provided for and regulated. Sec. 6-141. National Electrical Code Adopted by Reference The book entitled "National Electrical Code", 1984 Edition, (NFPA) No. 70-1984, (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 fully as if copied at length in this article. In the event of a conflict with any provision of the "National Electrical Code" and this Code, then in such event the provi- sions of this Code shall control. Sec. 6-142. License -Required (a) It shall be unlawful for any person to engage in or carry on directly or indirectly, or to advertise or to hold himself out as engaging in, or carrying on, electrical work or to perform any act as a master electrician, master sign electrician, or in house master electrician or a journeyman electrician, journeyman sign electrician, or in house journeyman electrician, or maintenance electrician, as defined within this Code, without first obtaining a license as a master electrician, master sign electrician, or in house master electrician, or journeyman electrician, journeyman sign electrician, or in house journeyman electrician, or maintenance electrician as the case may be and as provided for in this Code. (b) An electrical contractor shall not engage in any electrical contracting business within the City unless the business is under the supervision of a master electrician or master sign electrician who: -26 - (1) is an owner or full-time employee of the business; and (2) actively supervises the daily operation of the business; and (3) is not employed by any other business at the same time that the electrical contracting business for which he is nactive- ly and daily supervising" is performing electrical work within the City; and (4) is authorized to order employees of the business to correct defects, errors and deficiencies in electrical work instal- led or performed by the business. (c) A master electrician or master sign electrician shall not use his license to obtain electrical permits issued under this Code for any other class of electrician who is not a full-time employee of the master electri- cian or master sign electrician and under his direct supervision and control. NOTE: Business records of the electrical contractor may be required by the Board to substantiate the master's involvement with the business. Sec. 6-143. Same -Exceptions (a) The provisions of this Code shall not apply to any of the following: (1) Any electrical work performed by any electrical public utility holding a Certificate of Service from the Public Utility Commission of the State of Texas and operating within the City of Lubbock. (2) Any electrical work undertaken by the City of Lubbock in conjunction with street lighting or traffic control sig- nals. (3) Any electrical work performed by a telephone, telegraph or district messenger company operating under a franchise issued by the City of Lubbock. (4) Any electrical work performed by any broadcast transmission business or entity. -27 - The above exceptions from this Code do not, however, authorize any of the classes of business above named to perform electrical work for the general public or to do any other type of electrical work except that which is necessary and customary to the class of business involved. (b) Notwithstanding the exception set forth in subparagraph (a) of this section, the provisions of this Code shall apply to the wiring and installation for light, heat and power for all buildings containing equipment or housing employees of any class of business excepted by subparagraph (a) of this section. (c) Nothing in this Code shall be construed to require a property owner to obtain a license or furnish a certificate of insurance before doing electrical work in or on a building occupied by himself as a single family residence provided the following conditions exist: (1) He has applied for and obtained a permit from the Building Official to do the electrical work. (2) He has presented a set of plans showing the electrical work to be undertaken and said plans are found to conform to this Code. (3) He agrees to call for all inspections required by this Code. (4) He is able to demonstrate to the Building Official that he has a working knowledge of this Code and the ability to do electrical work in conformance with the provisions of this Code. (5) He agrees to correct any violations of this Code found or discovered upon any inspection performed by the Building Official or Inspector. DIVISION 2. LICENSES GENERALLY Sec. 6-151. License Required It shall be unlawful for any person to do, or undertake to do, any electrical work within the City of Lubbock unless licensed to perform such work in accordance with the provisions of this Code, except where a person is performing electrical work for a class of business that is exempt from the provisions of this Code as set forth in Sec. 6-143 of this article or is a home owner performing electrical work or wiring on his own residence and is exempt from the provisions of this Code as set forth in the afore- mentioned section of this article. -28 - Sec. 6-152. Present Licenses and Bond to Continue in Effect All licenses, bonds and permits lawfully held, filed or issued at the time that this Code becomes effective shall continue in effect until the date of their expiration and they shall be deemed to have been issued, secured or filed in accordance with the provisions of this Code and all electrical work prosecuted under such licenses, bond and permits shall meet the provisions of this Code. Sec. 6-153. License or Certificate of Registration from other Cities. A master electrician, master sign electrician, journeyman electrician, or journeyman sign electrician licensed to perform electrical work in other cities for at least three (3) years preceding application to the City of Lubbock may apply for and receive a license similar or equivalent to his current license without taking the required examination under the following conditions: (1) He shall submit evidence satisfactory to a majority of the Board that his current license was issued by a city operating under the "National Electrical Code", currently adopted edition (See Sec. 6-141), or later edition of said Code. (2) He shall submit evidence satisfactory to a majority of the Board that his current license was issued under conditions not less restrictive than required by this Code for issuance of such a license. (3) He shall submit evidence satisfactory to a majority of the Board that an electrician licensed by the Board would be permitted to apply for and receive a similar or equivalent license under reciprocal conditions from the City issuing applicant's current licenses. (4) He shall furnish all necessary certificates of insurance, pay all license fees and comply with all other requirements of this Code. (5) A license issued under this section may be revoked or suspended for any of the reasons set forth in Section 2-456 of the Code of Ordinances of the City of Lubbock. Sec. 6-154. Unlawful Work; False Claims (a) It shall be unlawful for any licensed electrician to perform or hold himself out as being able to perform any type or class of electrical work not expressly included under coverage of his license. -29 - (b) It shall be unlawful for any person to advertise or to hold out or to state to the public or to any customer, either directly or indirect- ly, that any electrical work or installation complies with the City Electrical Code unless such work has in fact been inspected and approved by the Building Official or his designated representative. (c) It shall be unlawful for any person, or the owner, agent or occupant of premises to aid or abet an electrical contractor in the violation of this Code or connive in its violation. Sec. 6-155. Unlicensed Electricians It shall be unlawful for any licensed electrician to allow any unlicensed electrician or unregistered apprentice to work at any job site or electrical installation project under his control or supervision. Sec. 6-156. Classification of Licenses There is hereby created the following classifications of electrical licenses within the City of Lubbock: (1) Master electrician's license qualifying the holder thereof to install, maintain and repair all types of electrical equipment and to undertake any and all types of electrical work and to make contracts to perform such work. A person holding this license shall not be qualified to undertake the work authorized to be done by a master sign electrician except that a person holding this license may undertake repairs and power connections on a sign. (2) Master sign electrician's license qualify the holder thereof to manufacture, erect, maintain and repair gaseous discharged lighting signs, outline lighting and other types of signs using electrical lighting or current. A person holding this license is further authorized to undertake any electrical work required to manufacture, erect, maintain and repair signs using electrical lighting or current and to contract to perform such work. (3) Journeyman electrician's license qualifying the holder to undertake all types of electrical work as an employee of and under the supervision of a licensed master electrician. (4) Journeyman sign electrician's license qualifying the holder thereof to manufacture, erect, maintain and repair gaseous discharged lighting signs, outline lighting and all other types of signs using electrical lighting or current. A person holding this license is further authorized to undertake any and all electrical work required to manufacture, erect, maintain and repair any sign using electrical lighting or current. A person -30 - holding this license shall, however, be an employee of and under the supervision of a licensed master sign electrician while performing any of the work authorized herein. (5) Maintenance electrician's license qualifying the holder to undertake all work necessary to keep existing electrical instal- lations, fixtures and equipment in a proper and safe state of repair and in compliance with this Code. A person holding this license shall be an employee of the owner or operator of a building or group of buildings used by the owner or operator to conduct his business and shall undertake electrical maintenance work only on the building or group of buildings owned or operated by his employer, however such license shall not entitle the holder thereof to do any work requiring an electrical permit. (6) In house master electrician's license qualifying the holder to undertake all electrical work necessary for the installation, maintenance and repair of any type of electrical equipment or wiring necessary for his employer on the buildings, grounds, or equipment owned or leased by his employer. A person holding this license shall be an employee of a business employing over one hundred (100) employees and shall undertake electrical work only upon the buildings, grounds, or equipment of his employer. (7) In house journeyman electrician's license qualifying the holder thereof to undertake all types of electrical work under the supervision of an in house master electrician. A person holding this license shall be an employee of a business employing over one hundred (100) employees and shall undertake electrical work only upon the building, groups of buildings, grounds, or equip- ment of his employer under supervision as above mentioned. Sec. 6-157. Eligibility-Master Electrician To be eligible to hold a license as a master electrician within the City, each applicant for such license shall possess the following qualifi- cations: (1) He shall be a high school graduate or the equivalent thereof and shall have four (4) years of apprentice level experience and four (4) years of journeyman level experience under a master electri- cian or equivalent in electrical construction, ~ (2) He shall hold a degree in Electrical Engineering granted by a recognized college or university and be registered as a profes- sional engineer within the State of Texas. -31 - (3) Any applicant qualified under subparagraph (1) or (2) of this section shall, as a condition to the issuance of the license applied for, demonstrate his professional competence by passing an examination to be given by the Board for master electrician with a minimum grade of seventy (70) percent. Sec. 6-158. Same -Master Sign Electrician To be eligible to hold a license as a master sign electrician within the City, each applicant for such license shall possess the following qualifications: (1) He shall be a high school graduate or the equivalent thereof and shall have four (4) years of apprentice level experience and four (4) years of journeyman sign level experience under a master sign electrician or equivalent in electrical construction, ~ (2) He shall hold a degree in Electrical Engineering granted by a recognized college or university and be registered as a profes- sional engineer within the State of Texas. (3) Any applicant qualified under subparagraph (1) or (2) of this section shall, as a condition to the issuance of the license applied for, demonstrate his professional competence by passing an examination to be given by the Board for master sign electri- cian with a minimum grade of seventy (70) percent. Sec. 6-159. Same -Journeyman, Journeyman Sign, Maintenance, In House Master Electrician, In House Journeyman Electrician (a) To be eligible to hold a license as a journeyman electrician within the City, each applicant for such license shall possess the follow- ing qualifications: (1) He shall be a high school graduate or the equivalent, and (2) He shall have five (5) years experience as a full time apprentice in electrical construction under a licensed master electrician, ~ (3) He shall hold a vocational school degree in electrical construction from a school with a full time two year program and have in addition three (3) years of full time experience under a licensed master electrician working on electrical construction, ~ (4) He shall have four (4) years of full time experience under a licensed master electrician working on electrical construc- tion and possess a certificate of completion from a U.S. -32 - Labor Department approved apprentice program (applicants may be allowed to take the test for this license after comple- tion of 7,000 hours of full time experience under a master electrician, however, the license shall not be issued until the applicant completes the apprentice program hereinabove mentioned), and (5) He shall demonstrate his qualifications to be licensed by passing an examination to be given by the Board, with a minimum grade of seventy (70) percent. (6) Experience gained by any applicant prior to the applicant's sixteenth birthday shall not be counted in meeting any of the experience requirements of this section. (b) To be eligible to hold a licenses as a journeyman sign electri- cian within the City of Lubbock, each applicant for such license shall possess the following qualifications: (1) He shall be a graduate of high school or its equivalent, and (2) He shall have completed four (4) years experience as an apprentice working under the supervision of a licensed master sign electrician, and (3) He shall demonstrate his qualifications by passing an examination to be given by the Board, with a minimum grade of seventy (70) percent. (c) To be eligible to hold a license as a maintenance electrician within the City of Lubbock, each applicant for such license shall possess the following qualifications: (1) He shall be a high school graduate or its equivalent, and (2) He shall be employed full time by a person, business, company, corporation or partnership within the City of Lubbock, and (3) He shall have two (2) years of experience in the electrical trade, and (4) He shall demonstrate his qualifications by passing an examination to be given by the Board, with a minimum grade of seventy (70) percent. -33 - ~ II I (5) Persons currently holding s maintenance electrician license issued by the Board shall be deemed to have two (2) years of experience in the electrical trade. (d) To be eligible to hold a license as an in house master electri- cian within the City of Lubbock, each applicant for such license shall possess the following qualifications: (1) He shall be a high school graduate or its equivalent, and (2) He shall have four (4) years experience as an in house journeyman electrician or equivalent, ££ (3) He shall be an engineer or a graduate engineer as defined in this Code, and (4) He shall demonstrate his qualifications for such license by passing an examination to be given by the Board, with a minimum grade of seventy (70) percent, and (5) He shall be a full time employee of a company or business within the City of Lubbock who employs over one hundred (100) persons. (e) To be eligible to hold a license as an in house journeyman electrician within the City of Lubbock, each applicant for such license shall possess the following qualifications: (1) He shall be a high school graduate or its equivalent, and (2) He shall have four (4) years experience in the electrical trade, and (3) He shall demonstrate his qualifications to be licensed by passing an examination to be given by the Board, with a minimum grade of seventy (70) percent, and (4) He shall be a full time employee of a company or business within the City of Lubbock who employs over one hundred (100) persons. Sec. 6-160. Application Each applicant for any of the classes of electrician's license provided for in this article shall make a written application designating the type of license which the applicant seeks upon forms prepared and furnished and shall file same in the office of the secretary of said Board. 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 -34 - applicant's circumstances justify omission of such information. The Board shall review each application and, after approval of the application, the applicant shall be notified as to the time and place of such examination following the day his application is approved. Sec. 6-161. Examination Appearance Each applicant for an electrician's license shall report at the time and place specified by the Board for examination and each applicant shall take the examination approved by the Board under such supervision as the Board may direct. Sec. 6-162. Examination fee A fee shall be charged each applicant for examination for any class of electrical license issued in accordance with this Code. The examination fee shall be paid to the Building Official on or before the date of the examination and no applicant shall be allowed to take the examination until such fee is paid. The fee required by this section shall be in addition to any license fee required by this Code. The examination fee shall not be refundable to the applicant and the Building Official shall pay over such fee to the General fund of the City. The amount of the fee to be charged shall be in an amount as hereinafter set forth in this Code. Sec. 6-163. License fee and Insurance Requirements (a) Each successful applicant for any class of license provided for by this Code shall pay a license fee to the Building Official in the amount as hereinafter set forth in this Code. The fee to be paid as provided for in this section shall be paid no later than thirty (30) days after an applicant has been notified that he has passed the examination taken by the applicant. 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 have in force the following insurance: (1) $100,000 of comprehensive general liability insurance, per occurrence, including coverage for bodily injury and property damage with products liability and completed operations coverage, and (2) Workman's compensation coverage in accordance with the requirements of state law. -35 - II Such an applicant shall furnish the Building Official with a certifi- cate of insurance evidencing the required insurance coverage within thirty (30) days after he has been notified that he has passed the examination for such license. The insurance coverage shall include a prov1s1on that in the event such coverage is canceled or reduced, the insurance carrier shall notify the Building Official at least ten (10) days prior to such cancellation or reduction in coverage. An applicant's license shall be automatically suspended during any period in which the applicant fails to maintain in effect the required insurance coverage. (c) No electrical permit shall be issued to any master electrician or master sign electrician until such time as the certificate of insurance required in the section above is filed with the Building Official. (d) It shall not be necessary, however, for a master electrician or master sign electrician to furnish a certificate of insurance as required by Section 6-163(b) of this Code, if such 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 insurance certificate. (e) Further, the requirements of the subsections above, including !: Section 6-163(b) , shall not apply to the following: il 1: li II I (1) (2) A home owner seeking a home owner's permit (See Sec. 6-191(e)(3)) to do work on his own residence. An in house electrician seeking an in house electrical permit (See Sec. 6-191(3)(4)) to do work outlined by such permit Sec. 6-164. Master Electrician and Master Sign Electrician Bond Section 6-164 of this Article is hereby repealed. Sec. 6-165. Possession of License The holder of any electrical license authorized to be issued under the provisions of this Code shall, when on the job site of any electrical installation, have in his immediate possession the wallet size license identification as furnished by the Building Official at the time of the issuance of his license, and such license holder shall upon request present same for identification to the Building Official or any of his deputies. In addition to the identification requirement in this section, each master electrician and master sign electrician shall cause to be posted in a -36 - prominent place at their respective place of business the certificate of qualification which is issued by the Building Official at the time his license is issued. Sec. 6-166. Business Address (a) Every master electrician and master sign electrician licensed , under this Code shall file with the Building Official a written statement setting forth the current business address and phone number of said electrician. It shall be the responsibility of the electrician to advise the Building Official of any changes to the information herein required. (b) The Building Official shall not issue any permit required by this : Code to any master electrician or master sign electrician who has not J complied with the requirements of this section. I . I !I ~ ;I ll !I ill, ii II!! I I ll Sec. 6-167. Transfer of License Any electrical license issued in accordance with this Code shall be non transferable. Sec. 6-168. Employment of Journeyman or Apprentice (a) Every master electrician or master sign electrician shall be responsible for and exercise supervision and control over every journeyman electrician or apprentice electrician performing work upon any job site for which the master electrician or master sign electrician has secured a permit in accordance with the provisions of this Code. Consistent with the responsibility of the master electrician or master sign electrician to exercise supervision and control over journeyman electrician and appren- tices, no master electrician or master sign electrician shall use the services of a journeyman electrician or apprentice on any job who is not a full time employee of the master electrician or master sign electrician. (b) The Building Official may require the master electrician or master sign electrician to produce payroll records, quarterly federal withholding reports, or other information to verify the employee relation- ship. (c) As used in this section journeyman electrician and apprentice electrician shall include journeyman sign electrician and apprentice sign electrician. Sec. 6-169. Master Electrician or Master Sign Electrician to Supervise Work Section 6-169 of this article is hereby repealed. -37 - i ~ J !,Ill ~ I I I Sec. 6-170. Inspections Section 6-170 of this article is hereby repealed. Sec. 6-171. Journeyman Electrician, Journeyman Sign Electrician-Super- vision It shall be a violation of this Code and an additional reason for revocation or suspension of a journeyman's license if a journeyman electri- cian or journeyman sign electrician is found to be undertaking or engaged in performing electrical work in all cases where a permit for such work has not been issued to the master electrician or master sign electrician who employs, on a full time basis, the journeyman electrician or journeyman sign electrician. Sec. 6-172. Maintenance Electrician License -Scope Section 6-172 of this article is hereby repealed. Sec. 6-173. Notification of Employment (a) The holder of a journeyman electrician license or a journeyman sign electrician license shall notify the Building Official in writing in the event the holder of such a license changes places of employment. The notice shall contain the name, address and phone number of the new employer together with the date of new employment. (b) The holder of a maintenance electrician license shall follow the same procedure as set forth in subparagraph (a) of this section in the event he changes places of employment. (c) The holder of an in house master electrician or in house journey- man electrician license shall follow the same procedure as set forth in subparagraph (a) of this section in the event he changes places of employ- ment. (d) The notification required by this section shall be made to the Building Official no later than ten (10) days after the commencement of new employment. Sec. 6-174. Renewal Required When Location Changed Section 6-174 of this article is hereby repealed. -38 - Sec. 6-175. Apprentice-Qualifications, Experience Every person desiring to do work as an apprentice electrician shall be able to read and write the english language and shall be employed by a licensed master electrician, master sign electrician, or a company who has in its employ an in house master electrician licensed by the Board. Sec. 6-176. Same -Work Permit (a) Every person desiring to do work as an apprentice electrician within the City shall register with the Building Official of the City. The person desiring to so register shall furnish to the Building Official the following information: (1) Name and address (2) Current phone number (3) Employers name, address and phone number (4) Date of employment Upon receipt of the foregoing information the Building Official shall register the person applying in a book kept in his office for such purposes and issue an apprentice work permit to the person so registered. (b) In the event that an apprentice electrician changes places of employment such person shall notify the Building Official and provide the information required in Section 6-173(a) of this Code. (c) An apprentice work permit shall expire on the thirty-first day of December of each calendar year and may be renewed thereafter in accordance with the procedure set forth in this section. (d) A fee shall be charged for each apprentice work permit issued in accordance with the schedule of fees hereinafter set forth in this Code. (e) Every person holding an apprentice electrician's work permit shall keep same in his possession and on his person at all times when engaged in any electrical work. (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 any one of the following: (1) Master electrician (2) Master sign electrician -39 - (3) Journeyman electrician (4) Journeyman sign electrician (5) In house master electrician (6) In house journeyman electrician Sec. 6-177. Supervision of Apprentice Electrician No class of electrician licensed under this Code shall have more than three (3) apprentice electricians working under his direct supervision and control. Sec. 6-178. Working Under Direct Supervision Section 6-178 of this article is hereby repealed. Sec. 6-179. Expiration of License and Renewal (a) Each license issued under this Code shall expire st midnight on December thirty-first on each calendar year. (b) Every holder of any class of license issued in accordance with this Code may make written application for renewal of his license, provided however, such application is filed with the Building Official at least ten (10) days prior to the expiration of his current license. (c) In the event a license holder fails to file his written applica- tion for renewal with the Building Official within the time herein above set forth the license shall only be renewed upon approval of the Board. (d) A renewal of a license shall be done without reexamination of the license holder. (e) Application forms for renewal of any license issued in accordance with this Code shall be furnished by the Building Official. (f) Any license holder who has allowed a period of twelve (12) months to elapse between expiration of a license held by him and an application for renewal shall not be entitled to renew his license and such person shall be required to be reexamined by the Board and follow the same procedures set forth in this Code as if the person was applying for an original or new license. (g) A fee shall be charged for each renewal license issued in accordance with the schedule of fees hereinafter set forth in this Code. -40 - (h) The Building Official shall refuse to renew any license issued in accordance with this Code where the applicant for renewal thereof fails to complete the required application, maintain insurance as herein required, and tender the fees for renewal to the Building Official. ' Sec. 6-180. Renewal Fees Section 6-180 of this article is hereby repealed. ' i Sec. 6-181. i Vehicle and Other Identification I ~ II ! I (a) Each vehicle used for work as provided under this Code shall have signs placed upon each side clearly identifying the person, corporation or company. lettering shall have a minimum height of two (2) inches in contrasting colors. (b) In addition, all trucks or other vehicles used by any master electrician or master sign electrician shall also have, placed upon the left-hand side of such vehicle, the license number of the master electri- cian or master sign electrician, in numbers a minimum height of two (2) inches in size. (c) Each master electrician or master sign electrician shall include upon every bill, statement, or letter issued or sent by said electrician, his license number. (d) Every master electrician or master sign electrician shall include his license number on all printed or written advertising used or employed by said electrician. Sec. 6-182 -6-190. Reserved. DIVISION 3. PERMITS GENERALLY Sec. 6-191. Permit Required (a) It shall be unlawful for any person to undertake any electrical work within the City without having obtained a permit authorizing the person to undertake said work. (b) There shall only be one (1) electrical permit issued or out- standing at the same time for any electrical work undertaken at any job site within the City of lubbock, except the Building Official shall be authorized to issue two or more permits for a job site in cases where the electrical work to be undertaken at a job site is to be done in separate -41 - phases and the electrician applying for the permit is to be responsible for one or more phases of the electrical work, but not the total work required for completion of the job. (c) In all cases where a master electrician or master sign electri- cian has obtained a permit to undertake electrical work and the electrician , is seeking to undertake less than the total electrical work at a job site, the following requirements apply: (1) The master electrician or master sign electrician shall, prior to the issuance of such permit, supply to the Building Official drawings, diagrams or plans which show the exact scope of the work to be undertaken. (2) The master electrician or master sign electrician shall be solely responsible for all electrical work to be undertaken by said electrician at the job site. (3) The master electrician or master sign electrician who has obtained a permit to do electrical work at a job site when such work is a phase or part of the total work but less than the total work required at the job site shall do only such work at the job site authorized by his permit. (4) In every case where there is more than one electrical permit issued for a job site within the City, where two or more master electricians or master sign electricians are working on different parts or phases of the electrical work at such site, it shall be the joint responsibility of all such electricians so permitted to see that the individual work undertaken is compatible with all other electrical work undertaken at the job site and in conformity with the approved plans for the job and this Code. (5) In every case where two or more master electricians or master sign electricians have performed phases of work at a job site the Building Official shall make one (1) final electrical inspection at the job site which shall cover all electrical work undertaken or done at the job site and shall not pass the work unless all electrical work undertaken at the job site is found to comply with the provisions of this Code. (d) The Building Official shall issue only one (1) electrical permit per job site for the same or identical work with the following exceptions: (1) Where the master electrician or master sign electrician has failed to complete the work and such fact is communicated by the general contractor; or -42 - (2) Where the Building Official is notified in writing by the master electrician or master sign electrician that his contract for the electrical work is no longer in effect; or (3) Where the Building Official has been notified in writing by the general contractor permitted at the job site that the master electrician or master sign electrician originally permitted to do the work at the job site has been replaced with a new electrician. (4) In every case where the Building Official determines that a new permit will be issued the person requiring such permit shall pay the full fee therefore and no refund shall ever be made on the original permit issued. (5) The Building Official is authorized to require any other type of evidence from the general contractor or the master sign electrician or master electrician which he deems necessary prior to the issuance of a new electrical permit. (6) The issuance of a new permit under this section shall release the first permitted electrician of any responsi- bility for compliance with this Code for work completed by said electrician and the new permitted electrician shall assume and become responsible for compliance with this Code for the entire job site. (7) The Building Official shall require the owner, general contractor or sub-contractor or other interested person to execute an indemnity agreement agreeing to save harmless and defend the City and Building Official from any and all liability which may be alleged as a result of the issuance of a new electrical permit under this section and to require said agreement to be secured by bonds and insurance deemed appropriate unless a release is signed by all parties. (e) The following types of permits for electrical work may be issued by the Building Official: (1) General Electrical Permit. A general electrical permit shall only be issued to a master electrician and shall authorize said electrician to perform any type of electrical work at a specific job site for which his license qualifies. (See Sec. 6-156 of this Code). -43 - 1 I I I I , I l! !; !I II II ~ ~ 1 I (2) General Electrical Sign Permit. A general electrical sign permit shall only be issued to a master sign electrician to perform any type of electrical work at a specific job site for which his license qualifies. (See Sec. 6-156 of this Code). (3) Home Owners Permit. A home owners electrical permit shall only be issued to a person who owns and resides in a single family home and may be used by said home owner to do electrical work on the premises used by the home owner as his residence. The Building Official shall be authorized to require proof of ownership and residence for any permit issued under this subsection. (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 Sec. 6-156 of this Code). No permit issued to an in house master electrician shall ever authorize said electrician to perform any electrical work for any person other than the employer of said electrician and upon the buildings, grounds or equipment owned or leased by said employer. Sec. 6-192. Permit Applications Application forms for any type of electrical permit authorized by Sec. 6-191 (e) shall be obtained from the Building Official and shall be fully completed by the individual seeking the permit and returned to the Building Official. The Building Official shall not issue the permit request if he finds any of the following: (1) That the proposed electrical work does not comply with the provisions of this Code. (2) Plans and specifications for the work to be done under the requested permit are insufficient to allow the Building Official to determine if the work proposed to be done under the requested permit complies with this Code. (J) The individual is seeking a permit to perform electrical work which he is not qualified to perform under the license issued to such person by the Board. (4) In the case of a home owners permit, the individual applying therefor is not the owner and resident of the premises for which the permit is sought. -44 - " ~ ~ ~ ' (5) (6) In the case of a home owners permit, the individual seeking the permit has failed to demonstrate a working knowledge of this Code. The individual seeking the permit has failed to furnish the certificate of insurance required by Sec. 6-163(b) of this Code, or if such insurance has been cancelled or reduced in coverage. This defect may be cured by compliance with the terms of Sec. 6-163 of this Code. Sec. 6-193. Permit -Issuance (a) When the permit fee, as hereinafter established in this Code, is paid and all other applicable provisions of this Code are complied with, the Building Official shall issue the permit requested. (b) The permit shall specify the following: (1) The type of permit issued; (2) The proposed work to be done; (3) The location of the job site; (4) The name and address of the licensed electrician rece1v1ng the permit or, in the case of a home owner, his name and address; (5) The name and address of any company, firm, business, partnership or corporation with whom the licensed electri- cian is an officer, employee or partner; (6) The date of issuance and the signature of the Building Official; (7) The signature of the electrician or home owner receiving the permit and responsible for Code compliance. Sec. 6-194. Plans and Specifications Required (a) Two (2) sets of electrical plans and specifications shall be submitted to the Building Official prior to the issuance of a permit for electrical work in the following cases: (1) All new construction for which a building permit is required in accordance with Sec. 6-21 §301 of the Code of Ordinances of the City of Lubbock. -45 - )! I ~ i! (2) All alterations to existing building or structures for which a building permit is required in accordance with Sec. 6-21 §301 of the Code of Ordinances of the City of Lubbock. (b) In addition to the foregoing the Building Official may require two (2) sets of electrical plans and specifications in all cases where, in the opinion of the Building Official, such plans and specifications are necessary for the Building Official to determine if the proposed electrical work to be undertaken, if a permit is issued, will comply with the provi- sions of this Code. (c) In every case where plans and specifications are required by this section they shall contain the following information: (1) The size of the feeders and sub-feeders and their length when there are more than four (4) branch circuits. (2) All current connected device locations. (3) All circuitry to panels. (4) All panels and the service entrance must be sized on the plans. I li (d) In addition to the requirements set forth in subparagraph (c) of i! this section, the Building Official may require the calculations for the li plans prior to the issuance of a permit. I II !I II I (e) The plans required by this section shall be sealed or certified as follows: (1) All commercial building plans shall bear the seal of an electrical engineer or a certification by a master electri- cian or master sign electrician that the plans are approved by him. However, all plans must bear the seal of an engineer licensed to practice in the State of Texas when required by the Texas Engineering Practice Act (Art. 3271a V.A.C.S.). (2) All other plans shall be approved and bear the seal or certification of any one of the following persons: a. an engineer licensed by the State of Texas b. a master electrician licensed by the Board c. a master electrician authorized to secure permits for electrical work -46 - I ~ I ij ~ ! I d. a master sign electrician licensed by the Board e. a master sign electrician authorized to secure permits for electrical work f. a home owner who is performing electrical work on his own residence (3) Notwithstanding anything contained herein to the contrary, an in house master electrician licensed by the Board may certify plans for electrical work for his employer, if such plans do not require the seal of a licensed engineer in this State pursuant to the Engineering Practices Act (Art. 3271a V.A.C.S.). Sec. 6-195. Issued to Master Electrician Only Section 6-195 of this article is hereby repealed. Sec. 6-196. Temporary Installations (a) The Building Official is authorized, in addition to other permits allowed by this Code, to issue temporary permits for a period of time not to exceed thirty (30) days. All electrical work undertaken under a temporary permit shall nonetheless comply with all other provisions of this Code unless the electrician seeking such temporary permit shall prove to the Building Official that a lesser standard will provide a safe installa- tion for the period of time the permit is enforced. (b) Upon the expiration of the time set forth in any temporary permit issued in accordance with this section, the person obtaining such permit will do the following: (1) Apply for and secure a regular permit for electrical work to either complete the temporary work or bring such work into full compliance with this Code, or (2) Remove all such temporary electrical work installed or undertaken under the temporary permit issued and restore the building or premises to full Code compliance. Sec. 6-197. Ready-Built Homes Where buildings are constructed in lumberyards or on premises other than where the building is on a permanent foundation, and where such building is to be moved into and located within the City limits, wiring installation shall be made by a insured and licensed master electrician, in conformity with this Code and permits shall be applied for. -47 - I Sec. 6-198. Permit Not Required 1/ 1 (a) No permit shall be required for a licensed electrician or home owner to undertake minor electrical work, which by way of illustration and I , not limitation, is as follows: (1) Repair flush and snap switches. (2) Replacing fuses. (3) Changing lamp sockets and receptacles. (4) Replacing neon tubing in or on an existing sign erected in compliance with this Code. (5) Changing lamp or ballast. (b) No permit or license shall be required to attach or repair electrical wiring or install service to electrical apparatus or equipment which is a part of a refrigeration, heating or air conditioning system or unit or any motor unit driving other equipment. Nothing in this subsection shall be construed as allowing any person to install new electrical wiring to or in a building or premises in order to install any of the equipment listed herein and this section shall be construed to allow a person to connect to existing wiring only. (c) No permit shall be required, after original installation and inspection, to change an electrical fixture repair or replace same unless the work will require a change in the size of the wiring supplying current to such fixture. Sec. 6-199. Changing or Replacing Fixtures Section 6-199 of this article is hereby repealed. Sec. 6-200. Emergency Work Necessitating New Wiring In case of an emergency necessitating immediate new w1r1ng or repairs to electrical wiring, at a time when the office of the building inspection department is closed, the work may be carried out without first obtaining a permit. Thereafter, a written application shall be submitted to the building inspection department for a permit during the next day that such office is open. Before the permit shall be issued, all requirement for its issuance must be complied with. -48 - ~ l: h " ~ I I DIVISION 4. INSPECTION GENERALLY J Sec. 6-211. Inspections h All electrical work for which a permit has been issued in accordance with the terms of this Code shall be inspected by the Building Official for compliance with this Code. The Building Official in discharging this duty shall make the following inspections: (a) Rough-in Inspection. The licensed electrician or home owner who has secured the permit for electrical work shall be responsible for notification to the Building Official that the electrical work is ready for a rough-in inspection at such time that all raceways, panel board cabinets, ; service equipment, outlet boxes, junction boxes, conduit, conductors and conductor splices are installed and ready for visible inspection. The Building Official shall refuse to make any rough-in inspections in every case where the electrical work has been covered from view. (b) final Inspection. The licensed electrician or home owner who has secured the permit for electrical work shall be responsible for notifica- tion to the Building Official that the electrical work is ready for a final inspection. Electrical work shall be considered ready for final inspection when such work has passed all prior inspections made by the Building Official or when such work has been corrected to comply with this Code where a violation has been found to exist upon prior inspection and where the electrical work has been completed in accordance to plans and specifi- cations by the licensed electrician or home owner who has secured the permit. The Building Official or his designated representative shall have the option of requiring the presence of the permitted electrician or journeyman in charge of the work at any final inspection. (c) In addition to the inspections required to be made by the Building Official under subparagraphs (a) and (b) of this section, said Official is further required to make any and all additional inspections he ·shall deem necessary to insure that all electrical work undertaken or existing in the City of Lubbock is in compliance with this Code. (d) Sign Inspections. The master sign electrician securing a permit for electrical work in connection with any sign to be installed within the City shall be responsible for notification to the Building Official that the electrical work, for which the permit is issued, is ready for inspec- tion by said Official. Electrical work necessary for installation or erection of a sign shall be considered ready for inspection when all work necessary for its installation or erection has been completed by the person holding the permit. The Building Official shall have the authority to require a sign to be opened or uncovered when necessary to complete the inspection required by this subsection. -49 - ! I Sec. 6-212. Request for Inspections (a) Every licensed electrician or home owner securing a permit under this Code to undertake electrical work shall be responsible to notify the Building Official of any requested inspection. The Building Official shall complete such inspection within twenty-four (24) working hours after receipt of notice requesting such inspection. (b) Request for inspection may be made in writing or by telephone and shall contain or specify the following information: (1) (2) (3) (4) the address where the work is located the permit number if requested by the Building Official the electrical contractor•s name and address or name of home owner the type of inspection requested ! Sec. 6-213. Procedure for Identifying Inspections The Building Official, after completing any inspection required or authorized by this Code, shall identify the results of such inspection in the following manner: (1) If the Building Official determines upon inspection that the electrical work inspected complies in every respect with the provisions of this Code, he shall attach or affix at a visible and accessible point a blue tag which tag will signify that the work has been inspected and was found to be in compliance with the provisions of this Code. The tag shall be signed by the inspector making the inspection, dated, set forth the address of the job site where the inspection was made and authorize the electrician or home owner to continue with the work. (2) If the Building Official determines upon inspection that the electrical work inspected does not comply with the provisions of this Code, he shall attach or affix at a visible and accessible point a red tag which tag will signify that the work has been inspected and was found not to comply with the provisions of this Code. The tag shall be signed by the inspector, dated, contain a statement that the work has not passed the inspection, and containing a warning that it is a violation of this Code to proceed with the electrical work until said work has passed inspection. The inspector shall also note on the back of the red tag the violation or violations of this Code discovered during his inspection and any other information deemed relevant. -50 - ~ ~ l . . (3) In every case where the Building Official is requested to make a final inspection on any electrical work, he shall determine at such inspection if the electrical work complies with the provi- sions of this Code and is ready to be connected to a source of electrical current. If the Building Official approves and passes the work inspected he shall attach or affix, at a visible and accessible point a yellow tag which tag shall signify that the work has been inspected and was found to be in compliance with the provisions of this Code and is ready to be connected to a source of electrical current. The tag shall be signed by the inspector, dated, set forth the address of the job site and upon issuance the inspector shall notify the utility company to provide service to the site in accordance with the provisions of Sec. 6-214 of this Code. (4) In the case of minor violations of this Code where electrical work will remain open to view the inspector may issue a green tag. Such tag shall be attached or affixed at a visible and accessible point of the work. The green tag will signify that the work has been inspected and minor violations of this Code were discovered upon inspection. Any licensed electrician or home owner who has received a green tag shall make all necessary corrections to the electrical work found to be a minor violation of this Code prior to the next inspection by the Building Official or within ten (10) days after receipt of the green tag whichever period is the shortest period of time. The tag shall be signed by the inspector, dated, set forth the location of the job site and point out the items of work that must be corrected. In the event the licensed electrician or home owner has failed to make the corrections to electrical work as listed on the green tag within the time period herein, the inspector in all such cases shall issue a red tag following the procedures set forth in subparagraph (2) of this section to said electrician or home owner. Sec. 6-214. Clearance to Electric Utility Company No electric utility company furnishing electric service within the City of lubbock shall furnish electric service in any of the following cases until written authorization has been secured from the Building Official: (1) No new service shall be furnished to any new building, structure, tent, installation, sign or outdoor lighting until authorization has been secured from the Building Official. -51 - ~ I ., 1: I ' I j I ~ (2) Where electrical service has been terminated due to the altera- tion or repair of any building, structure, installation, sign, premises or outdoor lighting until authorization has been secured from the Building Official. (3) Where electrical service has been terminated due to fire, windstorm, earthquake, explosion or any other similar disaster to any building, structure, installation, sign, premises or outdoor lighting until authorization has been secured from the Building Official. (4) Where electrical service has been terminated due to unsafe electrical conditions existing at or in any building, structure, installation, sign, premises or outdoor lighting and the utility has been made aware of such fact by the Building Official, the utility will not provide electrical service in such cases until authorized in writing by the Building Official. Sec. 6-215. Clearance from Electrical Inspector before Furnishing Service Section 6-215 of this article is hereby repealed. DIVISION 5. FEES Sec. 6-226. License Examination Fee The following fees are hereby established and shall be charged and assessed to every applicant for examination for any class of electrical license authorized to be issued by this Code: (1) Master electrician license examination $85.00 (2) Master sign electrician license examination $55.00 (3) Journeyman electrician license examination $35.00 (4) Journeyman sign electrician license examination $35.00 (5) Maintenance electrician license examination $30.00 (6) In house master electrician license examination $75.00 (7) In house journeyman electrician license examination $35.00 -52 - I Sec. 6-227. license fee I ~ I The following fees are hereby established and shall be charged and assessed to every applicant for any class of license authorized by this Code who has successfully completed the examination for such license and such fees shall be charged to every licensed electrician who has failed to renew his license as provided for in this Sec. 6-179 (f) of this Code: (1) Master electrician license fee (2) Master sign electrician license fee (3) Journeyman electrician license fee (4) Journeyman sign electrician license fee (5) Maintenance electrician license fee (6) In house master electrician license fee (7) In house journeyman electrician license fee Sec. 6-227.1. Renewal license fee $202.50 $202.50 $ 50.00 $ 50.00 $ 20.00 $150.00 $ 50.00 The following fees are hereby established and shall be charged and assessed for the renewal of any class of license authorized by this Code when such license is renewed in accordance with the provisions of Sec. 6-179 of this Code: (1) Master electrician license renewal fee $75.00 (2) Master sign electrician license renewal fee $75.00 (3) Journeyman electrician license renewal fee $15.00 (4) Journeyman sign electrician license renewal fee $15.00 (5) Maintenance electrician license renewal fee $15.00 (6) In house master electrician license renewal fee $50.00 (7) In house journeyman electrician license renewal fee $15.00 -53 - Sec. 6-227.2. Apprentice Work Permit Fee There shall be charged and assessed a fee of five dollars ($5.00) to every person obtaining an apprentice work permit fee. There shall also be charged a fee of five dollars ($5.00) to every person who has obtained a renewal of such permit in accordance with the provisions of Sec. 6-176 of this Code. Sec. 6-228. Permit & Inspection Fees The following permit fees shall be charged and assessed to every person securing any class of electrical permits authorized by this Code: (1) In every case where an electrician licensed by the Board or securing a permit issued pursuant to this Code is seeking to undertake electrical work in, on or about any new construction within the City, the permit fee to be charged and assessed shall be at the rate of two cents (2c) per square foot of said new construction as calculated from the plans by the Building Official. However, in every case a minimum fee of fifteen dollars ($15.00) shall be charged for any such permit issued. New construction for the purposes of this section shall mean the erection of a new building or structure or the erection of an addition to an existing building or structure which proposed building, structure or addition has not had electrical current available to said proposed building, structure or addition. (2) In every case where a home owner seeks to obtain an electrical permit for new construction as defined in this section, the fee charged shall be the same as set forth in subsection (1) of this section. (3) In every case where an electrician licensed by the Board or authorized to secure electrical permits pursuant to the terms of this Code is seeking to undertake electrical work in, on or about a building or structure which is being renovated within the City, the permit fee to be charged and assessed shall be at the rate of two cents (2c) per square foot of said building or structure as calculated from the plans for such building or structure by the Building Official. However, in every case a minimum fee of fifteen dollars ($15.00) shall be charged for any such permit issued. Building renovation for the purposes of this section shall mean any existing building or structure where the proposed electrical work to be undertaken therein amounts to a total rewiring of the existing building or structure. -54 - u (4) In every case where a home owner seeks to obtain an electrical permit for the renovation of a building as defined in this section, the fee charged shall be the same as set forth in subsection (3) of this section. (5) In every case where an electrician licensed by the Board or authorized to secure electrical permits pursuant to the terms of this Code is seeking to undertake electrical work in, on or about a building or structure which is being remodeled within the City the permit fee to be charged and assessed shall be as follows: (a) A minimum permit fee of fifteen dollars ($15.00) shall be charged and assessed in all cases. (b) In addition to the minimum permit fee authorized by this section there shall be charged and assessed the following fees: 1. A fee of forty cents (40c) for each new or additional electrical outlet added or installed. 2. A fee of ten dollars ($10.00) where a meter loop is altered or changed. 3. A fee of one dollar ($1.00) for each new or additional meter installed. 4. A fee of forty cents (40c) for each new or additional fixture. 5. A fee of two dollars ($2.00) for each new, additional or replacement gasoline pump. 6. A fee of two dollars ($2.00) for each new or additional meter, fan or heat pump. Remodeling as used in this section shall mean any work undertaken or proposed to be undertaken in, on or about a building or structure where such proposed electrical work does not amount to a total rewiring of the structure. (6) In every case where a home owner seeks to obtain an electrical permit for remodeling of a building or structure used as his residence, the fee to be charged and assessed shall be the same as set forth in subsection (5) of this section. (7) In every case where an electrician licensed by the Board or securing a permit issued pursuant to this Code is seeking to undertake electrical work in, on or about a passenger elevator, -55 - ,, n ! ! ,, I t [ I; I ~ ,, ' (8) (9) freight elevator or escalator, there shall be charged and assessed a minimum fee of fifteen dollars ($15.00) and in addition thereto the following fees shall be assessed: (a) passenger elevator (b) freight elevator (c) escalator $7.00 $5.00 $7.00 In every case where a master sign electrician licensed by the Board is seeking to secure a permit to undertake electrical work in, on or about a sign of any type, a permit fee of ten dollars ($10.00) shall be charged or assessed. In every case where a permit has been issued to undertake any type of electrical work and said work was inspected by the Building Official and said Official determined upon inspection that the electrical work failed to comply with the provisions of this Code and issued a red tag for such work pursuant to Sec. 6-213 (2) of this Code, there shall be charged and assessed a fee of twenty dollars ($20.00) for each reinspection of said work. (10) In every case where an electrician licensed by the Board or securing a permit issued pursuant to this Code or a home owner is seeking to undertake electrical work for such a permit fee is not established in this section, then in such event there shall be charged and assessed a permit fee of twenty-five dollars ($25.00). (11) The permit fees as established by this section shall not be charged or assessed to any electrician licensed by the Board or authorized to secure permits pursuant to this Code when such electrician seeks to undertake electrical work for any of the following: (a) school district (b) City or Cou~ty of Lubbock (c) State of Texas (d) the United States Government (12) When any electrical work is commenced within the City and no permit, if required, has been obtained prior to the commencement of the work, the fee for issuance of the required permit shall be charged and assessed at twice the amount required by this Code. This section shall not apply in any case where the electrical work has been undertaken as an emergency in accordance with Sec. 6-200 of this Code. -56 - ,, •r Sec. 6-229. fee Adjustments All fees and charges as established and set forth in this division are and shall be subject to adjustment in accordance with the provisions of Ordinance No. 8651 of the City of Lubbock. Sec. 6-230. Same-Carnivals, Circuses, Etc. Section 6-230 of this article if hereby repealed. Sec. 6-231. Same-Exceptions Section 6-231 of this article is hereby repealed. DIVISION 6. GENERAL SPECifiCATIONS Sec. 6-241. Installation of Wiring, fixtures and Apparatus -Generally (a) In the installation of all wiring, fixtures and apparatus, the rules and requirements adopted by Section 6-141 shall be complied with, together with the rules contained in this Code and such additional require- ments as may from time to time be adopted. (b) In every case where an electrician licensed by the Board or authorized to secure permits for electrical work or any home owner has sought to install any type of electrical equipment and such equipment has been found not to comply with the provisions of this Code, the electrician or home owner shall have the right to appeal the decision of the Building Official to the Board in accordance with the provisions of Sec. 6-135 of this Code. The Board shall, upon such hearing, determine whether or not the type of electrical equipment sought to be installed by the electrician or home owner is equivalent to the provisions of this Code. In every case where the Board determines that the equipment in question is equivalent to that required by this Code, they shall enter an order to such effect and the Building Official shall be governed by the terms of said Order in all future cases where the same type of equipment is sought to be installed. ' Sec. 6-242. Wiring All wiring shall be in rigid metallic conduit, electrical metallic tubing, approved metal raceways, flat conductor cable or approved multi- outlet assemblies. Single-family residences and out-buildings on the same premises and any residential structure of not more than four (4) families in a single structure with a minimum of 10' clearance between structures may be wired with non-metallic sheathed cable as a minimum requirement. Provided, however, if any part of a residence or other building is con- verted to any commercial purposes not within the above exceptions, the -57 - !I 11'1~. entire building shall be classified as business premises , and the entire building shall be rewired. Convalescent homes and children day nurseries II requiring a state license shall be wired in rigid conduit, E.M. T. or I' approved metal raceway. If any part of a resident or other building is r converted to convalescent home or child day nursery use, the entire ii 1: building shall be rewired in accordance with the above requirements for 1 1 ···1 convalescent homes and children's day nurseries. All conduit installed for electrical uses shall be installed under the requirements of this 1 ordinance. : !; li (1) PVC conduit, schedule 40, may be used underground and shall not II penetrate the surface without changing to metal conduit. 1 : (2) Armored cable may be used for remodeling in existing walls and 1 for fixture tails not to exceed six (6) feet. ! (3) ENT shall not be used in any location except where NM cable is acceptable in the City of Lubbock. (4) All flexible metal conduit, except fixture tails and tails to pilot devices in equipment rooms as permitted by N.E.C., shall have a grounding conductor. (5) Manufactured wiring systems shall be acceptable as approved by N.E.C. (6) Liquid tight flexible nonmetallic conduit as approved by N.E.C. Sec. 6-243. Low Voltage Wiring (a) Low voltage system to be used to operate any mechanical system, air conditioning unit, central heating unit and other such systems shall be installed under the supervision of a licensed master electrician. This subsection is not to be construed as including self-generated control systems. (b) All central heating equipment shall be on a separate circuit with a means of disconnecting said equipment to be installed in the equipment room. Overload protection shall conform with the N.E.C. and shall be closely coordinated with the motor rating. All electrical wiring or cable shall clear all ducts by a minimum of three (3) inches. (c) All low voltage transformers, such as may be used for door bells, floor furnaces and other such installations, shall be on a circuit other than the appliance circuit and shall be installed in a convenient and readily accessible place. -58 - r J (d) All w1r1ng, line voltage or low voltage used for data processing or energy control and like systems shall be considered electrical work and must conform to this Code. (e) All other wiring shall conform to N.E.C. Sec. 6-244. Outlet in Ironing Board Cabinet Section 6-244 of this article is hereby repealed. Sec. 6-245. Dry Cleaning Plants All new dry cleaning plant installations in which flammable solvents are used shall be wired to comply with the requirements established for Class I, Division I, locations by the edition of the National Electrical Code adopted in this article. Sec. 6-246. Chain Pull, Insulating Link Cords No chain pull or insulating link cord shall be permitted in electrical installations for bathrooms, washrooms or like locations. Sec. 6-247. Existing Wiring When additions to or alterations of existing wiring are made in either residences or commercial buildings, all such wiring shall have over-current protective devices installed for the existing wire sizes in accordance with the requirements of this article and the National Electrical Code. Sec. 6-248. Protection Devices -Generally (a) Circuit protection shall consist of nontamperable S fuses, one-time fuses, time-delay fuses or circuit breakers. The amperage rating of the protective device shall not exceed the ampacity of the conductor on which it is used. The Building Official shall require the installation of nontamperable Type S over-current devices on existing circuits which are protected with plug fuses. (b) Renewable link cartridge fuses shall not be used. One-time fuses and time-delay fuses shall be the only type permitted. Motor circuits which require fuses shall have time-delay fuses of protection. (c) Fuse panels, circuit breakers and the like shall not be placed in hot water closets, bathrooms or clothes closets. They shall be located where they are readily accessible to the tenant. Control equipment and over-current devices shall not be installed in an area exceeding one hundred forty (140) degrees Fahrenheit of switch board and panel board installations refer to the current National Electrical Code as adopted. -59 - '! Sec. 6-249. Electrical Metallic Tubing No electrical metallic tubing (E.M.T.) shall be permitted in any electrical installation where such tubing is in contact with the ground or dirt or in a concrete slab in contact with the ground. Sec. 6-250. Service Receptacles for Trailer Homes Section 6-250 of this article is hereby repealed. Sec. 6-251. Electrical Welders Section 6-251 of this article is hereby repealed. Sec. 6-252. Meter Installation (a) Each meter socket installation shall be on the outside of the building residence or other structure and shall be mounted not more than six (6) feet nor less than five (5) feet above the level of the standing space measured to the center of the meter face, except when the device or area for mounting the meter base is provided by the serving utility. (b) Multi-meter bases of two (2) or more meters at any one location shall have a permanent identification tag (brass, copper or aluminum). , Such tag shall be not less than one (1) inch long, one-half (1/2) inch wide or one (1) inch in diameter. Each tag shall properly identify the unit ! served by the meter base and be clearly visible. It shall be securely fastened to the meter base, but not the meter base lid. Tags shall be stamped with steel numerical and/or alphabetical figures of at least one-eight (1/8) of an inch. Exception: if visible from the front, non- movable parts of meter base may be stamped for identification. Sec. 6-253. Moved Buildings When a residence or building is moved from one location to another within the City limits or into the City limits, the wiring of such building shall be made to comply with the provisions of this Code. Sec. 6-254. Point of Attachment (a) The point of attachment of overhead service drops on a residence or building shall be on the rear of the building (alley side) , or at a point agreed upon by the inspector and the serving utility. (b) On all rewiring for additions necessitating added service capacity, service entrance conductors shall be stubbed out at point of original service entrance unless other agreement is reached with the serving utility. -60 - NOTE: In case of dispute the inspector shall be the arbitrating authority. Sec. 6-255. Meter Loops -Generally (a) Overhead Each meter loop shall consist of a meter socket, weatherhead and necessary conduit and wires and shall be furnished and installed by the owner or contractor of the premises where the installation is being made. Meter sockets shall be of a standard type for plug-in meters and must meet the approval of the inspector. (b) Underground (1) On apartments and condominiums all meters for each building shall be grouped together in a space on the exterior of the building and accessible to all occupants. The main discon- necting means shall be at this location. The service shall be furnished and maintained by the owner and installed by a licensed and insured electrical contractor as set forth in this Code. The point of connection shall be the transformer location of the serving utility or a terminal junction box adjacent to the metering location. The number of main disconnects for each building shall not exceed six (6). If it is necessary to serve more than six (6) meters on any one building this shall be accomplished by placing a disconnect in front of groups of meters as set forth in Article 230 of the N.E.C. This disconnect may be of the no fuse type but each apartment unit shall have its service conductors protected with the proper fuse protection before it leaves the external meter location. If it is desired that a building be served with more than one service for any of the reasons set forth in Article 230-2 of the N.E.C. a written consent will be obtained from the inspector and from the serving utility. (2) a. All underground single-family residential services (excluding townhouses) extending from the service discon- necting means to a termination location provided by the serving utility company shall be owned and maintained by the property owner and installed by a licensed and insured contractor or home owner (as set forth in this Code). This termination location shall be located in the public utility easement and shall not be more than five (5) feet from the property line. -61 - 1: 1i I I ~ ~ p i! !i I! p I! f !I '~ •' ,, j ~ ;J a ,, H I I l (c) b. All underground rear services to townhouses that are to have garages or parking areas served from the rear (alley) where the public utility easement is located shall be owned and maintained by the property owner and installed by a licensed and insured contractor, from the service discon- necting means to a termination location provided by the serving utility company. This termination location shall be located to the rear of the building, but not on the building itself, and shall be located at the property lot line. In no case will the service for one townhouse unit cross the property of another townhouse unit. Commercial Buildings With Underground Service (1) One Self-Contained Meter: The customer will provide service from the building to a designated utility facility in the public easement or right-of-way. (2) One Instrument Meter: The customer will provide service from the building to a designated utility facility in the utility easement or right-of-way, but it shall be the responsibility of the serving utility to provide all meter equipment and make all termination at the point of connection to the serving utility which shall be located adjacent to the building. (J) Multi-meters (Shell Type Buildings): There shall be a designated metering location at the rear of each new shell type building on the exterior wall. There shall be no point along this wall more than (75) seventy-five linear feet from a metering location. At each of these locations an electri- cal service shall be provided and shall be installed by a licensed and insured electrical contractor in the following manner: The contractor shall provide a wire-way or wire-trough with a m~n~mum size of eight (8) inch by eight (8) inch by six (6) feet as the N.E.C. requirement, whichever is greater, to contain the service conductors to supply the meter base and service disconnects at each metering location. Each space requiring its own meter shall have its service disconnect and disconnects located at the metering location and there shall be no more than six (6) service disconnecting means at any metering location without the written consent of the Building Official. The contractor shall provide service conductors and conduit from the wire-trough to the point of connection of the serving utility. If the actual load of the building is not known, an assumed load of twenty (20) volt-amperes per square foot shall be used to size the -62 - service conductors. There shall be one (1) additional three (3) inch conduit provided from each wire-trough to the point of connection of the serving utility or a terminal junction box adjacent to the metering location. The contractor shall provide an acceptable means for at least six (6) 200 amp meter taps from the service feed brought to each wire-trough. The following "Insulated Pedestal Connectors" and "Power Distribution Blocks" or their equivalent shall be considered an acceptable type conductor termination: Ilsco Type PED-SS Utilico Type PED-350-IN Utilico Type PED-SS Alcon Inc. Type VPB Submersible Ilsco Type -Power distribution blocks -Type PDB To insure a proper conductor termination, the service feed conductors from the point of connection of the serving utility to the wire-trough shall be copper. They shall be installed in approved conduit, shall enter the wire-trough from the bottom side toward one end, shall traverse the entire length of the wire-way and shall be terminated on an approved termination lug or block as set forth above. The serving utility shall furnish all terminating equipment and make all terminations at their point of connection. Sec. 6-256. Same -Installation by Public Utility (a) for service entrances where the electrical load to be connected requires a main panel or main panels with a rated capacity of two hundred (200) amperes or less, or which has service entrance conductor rated two hundred (200) amperes or less, the load will be metered by a self-contained device and the owner or contractor will furnish the meter base or meter trough. (b) for service entrances where the electrical load to be connected requires a main panel or main panels rated over two hundred (200) amperes in capacity, and also requires conductors capable of carrying more than two hundred (200) amperes, the utility company will furnish all metering equipment for overhead services. The owner or contractor will be required -63 - " 1 only to bring the service entrance conductors to the rear of the building in accordance with this Code. In case of dispute the inspector shall be the arbitrating authority. Sec. 6-257. Same-Rewiring Necessitating Moving of Meter When any rewiring is done to any existing installation necessitating the moving of the meter, the meter socket and loop shall be reinstalled as provided by Sections 6-252, 6-255 and 6-268. Sec. 6-258. Joints Untaped Until Properly Soldered or Spliced Where joints are found to be taped but not soldered or spliced with an unapproved mechanical device the inspector may require all joints to be untaped and left untaped until soldered or spliced with an approved mechanical device. Sec. 6-259. Lighting in Closets No light shall be approved in clothes closets except ceiling lights controlled by wall switches or approved ceiling switches. No drop cord lamp shall be approved in clothes closets. Sec. 6-260. Signal Wire Near Light or Power Wire Section 6-260 of this article is hereby repealed. Sec. 6-261. Conduits-Generally In conduit systems, before all plastering and cement work has been completed, a means shall be provided to prevent foreign matter from entering conduit. Sec. 6-262. Same -When Enameled Conduit Not Approved Enameled conduit shall not be approved when laid underground or in a concrete floor or in a wall in contact with the ground. Sec. 6-263. Changes in Concealed Wiring ~ ! ll When an electrical contractor or owner is notified of changes in I' wiring to be concealed, he must make such changes at once and in all cases i! I: must notify the inspector immediately upon making the changes and before 11 concealing the wiring. li ~ I' ji ,. I; ,, I' I I I Sec. 6-264. Size of Conductors; Aluminum Conductors (a) No conductor smaller than No. 12 American wire gauge size shall be used in electrical work as covered by this Code, except the following: -64 - ~ n t li H I' t i: j; ~ H r I ' ,I r ii (1) Pendant and portable cords (2) fixture wire (3) No. 14 for individual fixture leads at an outlet box (4) No. 14 for control circuits operating contractors or relays or a size approved by the manufacturers and the building inspection department. (5) Wiring for systems covered by Article 700 of the National Electrical Code. (6) As specified under electrical signs (Article 600 of the National Electrical Code). (7) In residential wiring only, No. 14 American wire gauge may be used for switch loops when the circuit is protected as required by the National Electrical Code. (b) Aluminum conductors may be installed on service and feeders only and must be terminated properly using approved compression type crimp lugs installed with a proper tool and with an approved inhibitor (Petrox). (c) Dwellings. No aluminum conductors shall be installed on any branch circuits or grounding in dwellings. (d) Exception. Aluminum conductors shall be permitted on branch circuits with No. 4 American wire gauge or larger in commercial and industrial electrical installations which should be terminated as in (b) above. Sec. 6-265. Residence Circuits -Generally (a) Each dwelling unit, including each unit of a multiple-family apartment, shall have three (3) or more twenty (20) ampere circuits supplying all receptacles in the kitchen, breakfast room, dining room and pantry, which shall supply no other outlet and no fixed appliances. All remaining receptacles and lights must be equally divided on twenty (20) ampere circuits. General lighting shall be computed on a "watts per square foot" basis and the unit load shall be four (4) watts per square foot. The panel provided for each dwelling unit shall include space for two (2) additional circuits. -65 - !! (b) A conduit of not less than three-fourths (3/4) inch trade size shall be installed from the panel to an accessible crawl space in the attic, under the floor or to the outside of the house if it has no attic and has a concrete floor. This conduit is to facilitate the future installation of the two (2) space circuits. (c) All dwellings shall have a ground rod driven into the ground located on the exterior of the building to supplement the metal underground water pipe ground or some other supplemental grounding method approved by If the inspector. ji i: i (d) Buildings and other structures other than dwellings, shall be ii grounded according to the N .. E .c. ji ,! " I II ,, II !I Sec. 6-266. Commercial Circuits -Generally Office spaces in commercial buildings and hotel and motel guest rooms 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 for the wall spacing. Warehouses 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. Sec. 6-267. Starting of Motors Any 3-phase motor with a name plat rating of forty (40) HP or leas may be started across-the-line. Motors of more than forty (40) HP must have the method of starting approved by the serving utility. Sec. 6-268. Service Wires -Generally (a) Overhead service wires from the utility company poles to the customer's entrance fitting shall be installed, owned and maintained by the utility company and shall be installed so that service wires shall be maintained at a minimum height of nine (9) feet from the low point of "sag" to the finished grade at a temperature of 60 degrees f. All underground secondary service conductors shall be installed, owned and maintained by the customer. Where they are carried up a pole, rigid conduit shall be installed to the meter base. Rigid conduit, E.M.T. or l.M.C. with approved fittings shall be used from the meter base to within eighteen (18) inches of the secondary. Permission shall be obtained from the serving utility company before installing conduit and/or meter base on any utility company pole. Exception: for residential services only, the utility company may install secondary conductors from the pad mounted transformer located at the alley to a pedestal located at the alley. -66 - I' !I I. I l j. I I !, lr'······ (b) Overhead services. Support for overhead residential service cable will be at least ten (10) feet to the point of attachment above lj finished grade. Support for overhead commercial service cable will be at 1, least ten (10) feet to the point of attachment above finished grade. If a , mast is used, the minimum requirement is two (2) inch rigid steel conduit or I.M.C. On mast installations, the point of attachment for the service cable will be twenty-four (24) inches above the roof. (c) Underground services. All underground services shall be instal- led in approved raceways, as set forth in the adopted National Electrical 11 Code, with the following exceptions: i: jl J: ( 1) (2) Rigid metal conduit: Eighteen (18) inches minimum depth Intermediate metal conduit: Eighteen (18) inches minimum depth (3) Non-metallic conduit (PVC): Twenty-four (24) inches minimum depth Sec. 6-269. Same-Concealed Wiring Furnished, Installed, Etc., by Customers If any customer prefers the service wires to be installed in conduit or any other type of concealed wiring, all conduit, entrance fittings, meter sockets and wires placed in the conduit shall be furnished, installed and maintained by the customer. Sec. 6-270. Same -Equipment Installed Beyond Point of Entrance The utility company shall furnish and maintain overhead exposed service wires up to the entrance of any concealed wiring. Beyond the point of entrance of concealed wiring, the utility company shall not directly or indirectly furnish, install or maintain any conduit, wires, fittings, meter sockets or meter loops, except as specified elsewhere in this Code. Sec. 6-271. Flood Lights, Etc., On or Near Ground Open flood lights or similar fixtures installed on the ground or within eight (8) feet of the finished grade shall be equipped with a guard or protective device to prevent personal injury from burns or electrical shock. Sec. 6-272. Fluorescent Fixtures; Use of Adapter Section 6-272 of this article is hereby repealed. -67 - Sec. 6-273. Permit for Temporary Installation of Fixtures Where fixtures are installed temporarily, a temporary permit must be secured from the Building Official and the permit will expire at a stated time as shown on the permit. Sec. 6-274. Recessed Incandescent Fixtures (a) All recessed thermal protected cans shall have a physical barrier to prevent being covered by insulation or other combustible materials, unless U.L. approved for direct contact. (b) All I.C. cans shall use only fixture trims designed for use with that can and of same manufacture. Sec. 6-275. Hydromassage Bathtubs In residential bathrooms only, lighting fixtures located over a hydromassage bathtub or over the area that is within five (5) feet (mea- sured horizontally) from the inside walls of a hydromassage bathtub may be installed in the ceiling above this area provided the ceiling is eight {8) feet above the floor level and provided the fixture is of the recessed type with lens and is protected by a ground-fault circuit-interrupter. In residential bathrooms only, lighting fixtures may be installed in a twelve {12) inch furr down from an eight (8) foot ceiling that is adjacent to a hydromassage bathtub and must be of the recessed type with lens and must be ground-fault circuit-interrupter protected unless the fixture is located at least five {5) feet {measured horizontally) from the inside wall of the tub. In residential bathrooms only, lighting fixtures may be installed in a twelve (12) inch furr down from an eight {8) foot ceiling over a hydro- massage bathtub, provided the fixture is recessed, and is of the type that would be approved for a shower stall and is ground-fault circuit-inter- rupter protected. It shall not be necessary to ground metal towel bars, metal toilet paper holders, shower door frames and other small metal non-electrical devices located within five (5) feet of hydromassage bathtubs of bathrooms of residences, unless there is a probability of these items becoming energized from some fault current. -68 - Sec. 6-276. Existing Installation Any electrical system or electrical equipment lawfully installed prior to the effective date of this Code may have its existing use, maintenance or repair continued if the use is in accordance with the original design and location and such system is not dangerous to public health, safety and welfare and is approved by the Building Official. Sec. 6-277 to 6-285. Reserved. DIVISION 7. SIGNS Sec. 6-286. Definitions Section 6-286 of this article is hereby repealed. Sec. 6-287. Permits Required Section 6-287 of this article is hereby repealed. Sec. 6-288. Same -fees Section 6-288 of this article is hereby repealed. Sec. 6-289. Same -Not Required for Certain Signs Section 6-289 of this article is hereby repealed. Sec. 6-290. Signs to Conform to Zoning No permit shall be issued for any sign in a district where signs are prohibited by the Zoning Ordinance, nor shall any permit be issued for any sign which does not conform to the zoning requirements of the area in which the sign is to be placed. Sec. 6-291. Permits Issuance Limited; When License Required Section 6-291 of this article is hereby repealed. Sec. 6-292. General Requirements Section 6-292 of this article is hereby repealed. -69 - Sec. 6-293. Information Attached All signs shall bear the name of the contractor and manufacturer, painted on, or otherwise attached to the lower margin of the sign, readily visible after the sign has been installed. All signs shall be marked with the input amperes at full load and the input voltage and with its rated frequency. Sec. 6-294. Specifications All electrical signs and window signs shall be manufactured according to the provisions of this Code and shall be connected to electric current only after they have been approved by the Building Official at final inspection. Sec. 6-295. Fire Escapes No sign shall be attached in any manner to any fire escape or to the supporting members of any fire escape, nor shall it be guyed to or sup- ported by any part of a fire escape. Sec. 6-296. Accumulation of Rainwater All signs shall be constructed so as to prevent the accumulation of rainwater in the sign. Sec. 6-297. Parapet Walls No sign shall be erected so as to affect the stability of any parapet wall. Sec. 6-298. National Electrical Safety Code Adopted by Reference The book entitled "National Electrical Safety Code", 1984 Edition ANSI-(C2-1984) (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 at length in this section. The "National Electrical Safety Code" shall be used and control the clearances of signs from any telephone cable, electric cable, power line, light standard or other structure when the wiring to be use don said sign carries over six hundred (600) volts of electricity. Sec. 6-299. Interference with Exit or Window No sign shall be erected so as to block, partially block or interfere in any way with a required means of exit from any building nor from any window located within a building. -70 - Sec. 6-300. Interference with Signals No sign shall be erected so as to interfere with any traffic signal, blinker light or warning device or be erected in such a manner as to confuse those persons governed by such signal, blinker light or warning device. Sec. 6-301. Assumed Wind Load Section 6-301 of this article is hereby repealed. Sec. 6-302. Dangerous Sign If the Building Official discovers any sign which has been erected within the City, where the electrical equipment, wiring and work has deteriorated to such an extent that it is dangerous to any member of the general public, he shall notify the owner or operator of such sign who shall immediately cease use of said sign and terminate any electrical current to said sign. Sec. 6-303. Inspections Section 6-303 of this article is hereby repealed. Sec. 6-304. Dimensions -Generally Section 6-304 of this article is hereby repealed. ! Sec. 6-305. Outdoor Signs -Insulation of Wiring, Etc. I' On all outdoor electric signs, all wiring and current-carrying parts, other than lampholder contacts, electric-discharge-lamp starters and starter-holder contacts shall be enclosed in metal or other material sufficiently noncombustible for the purpose. The enclosure shall have ample strength of rigidity. Sec. 6-306. Same -Enclosure The enclosure for an outdoor sign shall, as far as practical, be raintight. Doors shall effectively exclude rain. Seams need not be soldered or otherwise treated, but shall be reasonably tight and, where practicable, shall be so formed as to shed water. Openings in tops to accommodate electrodes, bushings or tubing shall not be permitted unless made raintight. All electrical components shall be accessible without having to disassemble the sign. -71 - II Sec. 6-307. Same-Drainage Each component of an outdoor sign shall be provided with two (2) or more holes to permit complete drainage. A drain hole shall not be less than one-fourth (1/4) inch nor more than one-half (1/2) inch in diameter, and shall be.free of burrs so that stoppage will be unlikely. r Sec. 6-308. I Protection Against Corrosion I! ,. ! ~ I ' I I ,, p q !I 'I All sheet steel and other mechanical parts of iron or steel shall be galvanized, cadmium plated or otherwise suitably protected against corro- sion. Structural iron or steel parts shall be galvanized, cadmium plated, enameled, painted or provided with equivalent protection against corrosion on all surfaces, prior to assembly. Sec. 6-309. Attachment of Enclosure Signs Section 6-309 of this article is hereby repealed. Sec. 6-310. Permanent Wiring A sign designed for permanent installation shall have provisions for the connection of a permanent wiring system. Sec. 6-311. Maximum Amperage Circuits shall be so arranged that in no case will a load exceed that permitted in the National Electrical Safety Code. Sec. 6-312. High-Voltage Wiring The high-voltage wiring of an outdoor sign shall employ gas-tube sign cable with a voltage rating of not less than the maximum secondary voltage rating of the transformer with which it is used. Sec. 6-313. When Bushing or Receptacle Required A bushing or receptacle of a recognized type shall be provided where electric-discharge tubing passes through a sheet-metal wall or partition of an outdoor sign or an indoor sign operating at a potential high than seven thousand five hundred (7 ,500) volts, unless the tubing is supported so as to positively maintain a spacing of not less than one-fourth (1/4) inch between the tubing and the grounded metal where the tubing passes through the wall or partition. -72 - Sec. 6-314. Transformers -Generally (a) Standard transformers designed for use in electric-discharge-tub signs or standard ballasts designed for use with electric-discharge lamps shall be used. A transformer used in an outdoor sign shall be of the weatherproof or outdoor-use type. An open core-and-coil transformer or an open core-and-coil ballast shall not be used in other than a cord-connected sign. Rebuilt transformers are not acceptable in new sign construction. (b) Transformer(s) connected to electric-discharge tubing shall never be mounted so that the connecting high-voltage wiring comes closer than one (1) inch to any combustible material of the sign or structure upon which the sign is maintained. Sec. 6-315. Securing of Transformer or Ballast A transformer or ballast, other than a through-cord ballast, shall be secured in place in a reliable manner. A transformer or ballast shall not be mounted on a door nor hung so that the entire weight is suspended from a single sheet metal side, face or top. Sec. 6-316. Compartment for fuseholders, Panelboards, Etc. fuseholders, panelboards, flashers, switches and similar devices, if on or within the body of the sign, shall be mounted in a separate, acces- sible compartment. The compartment shall be of metal not thinner than that of the sign itself, and may be formed, in part, by surfaces of the sign body. In an outdoor sign, such a compartment shall be reasonably rain- tight. Sec. 6-317. Parapet Wall Signs Section 6-317 of this article is hereby repealed. Sec. 6-318. Pole Signs Section 6-318 of this article is hereby repealed. Sec. 6-319. Projecting Signs Section 6-319 of this article is hereby repealed. Sec. 6-320. Roof Signs Section 6-320 of this article is hereby repealed. Sec. 6-321. Marquee Signs Section 6-321 of this article ia hereby repealed. -73 - Sec. 6-322. Wall Signs Section 6-322 of this article is hereby repealed. Sec. 6-323. Window Signs and Outline Lighting Section 6-323 of this article is hereby repealed. Sec. 6-324. Damaged Signs In the event a sign, erected in conformity with this Code, is damaged by hail, windstorm, snow or similar cause, a licensed master sign electri- cian may proceed to repair such damage without first securing a permit provided, however, he shall apply for the required permit on the first day of regular business of the Building Official following the date on which the damage occurred. Sec. 6-325. Transformers Placed in Attics Transformers (auxiliaries) shall not be placed in attics, unless in approved metal cabinets and shall be accessible. Sec. 6-326. Circuit and Transformer Limits (a) Primary circuit for neon transformers shall not have more than one thousand three hundred and twenty (1 ,320) watts connected load for No. 12 SWG wire. (b) Primary circuit for neon transformer shall not have more than two (2) neon transformers of fifteen thousand (15,000) volt sixty (60) milli- ampere rating connected to a twenty (20) ampere circuit. (c) Primary circuit for neon transformer shall not have more than one (1) neon transformer of fifteen thousand (15,000) volt one hundred and twenty (120) milliampere rating connected to a twenty (20) ampere circuit. Sec. 6-327. Permits; Issuance; Procedures Section 6-327 of this article is hereby repealed. Sec. 6-328. Provisions Applicable to Signs Section 6-328 of this article is hereby repealed. -74 - Sec. 6-329. Packaged Signs Other provisions of this Code notwithstanding, signs commonly referred to as "packaged" signs, may be erected by any person, provided, however, that no electrical connections, repairs, alterations or rewiring of any description may be performed by any person other than a master sign electrician and provided also that any other section, chapter, paragraph or other ordinances relating to sign erection shall be complied with. A "packaged" sign is a sign which is completely assembled, with the exception of incandescent or gaseous discharge lamps, and signs which bear a U.L. label and that require only a plug-in connection not to exceed one (1) circuit at one hundred and twenty (120) volts. This is not to include pole mounted or exterior bracket type mounted signs. These are to be covered by the license and permit requirements of this ordinance. SECTION 3. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided in Section 1-4 of the City Code. SECTION 4. That should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. StCTION 5. THAT the Ci~y Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED Passed by the City Council on first reading this 21st day of November 1985. Passed by the City Council on second reading this 1985. ~~~ OVED AS TO fORM: 2?.-- Jr., City -75 - , THE STATE OF TEXAS M2320-R83 COl!:\'TY OF Ll fBBOCK Before me DorothY Russ e I I a ;\iotarv Public in and for Lubbock Countv. Texas on this da.v personall~· appeared Twil a Auf ill' Acaount Manager of the S~uthwestern :'\ewsp~­ pers Corporation. publishers of the Lubbock Avalanche-.Journa I -Morning. Evening and Sunday. who being b~· me dul~· sworn did depose and sa~· that said newspaper has been published continuous!~· for more than fift;.·-two weeks prior to the first insertion of this __ ...,L.,.ei..Je:liio.lil.a-'I___.N.s..w.o_.tuiuc.._e._ _________ _ --------------No. 712464 at Lubbock County. Texas and the attached print- ed cop~· of the Lu!a I Not ice is a true copy of the original and was printed in the Lubbock .. ·walanC'he-.Journal on the following dates: December 111-' 21' 1985 889 Words @ 76t Per word = $675.64 Account Manae:er LCBBOCK :\ V:\L:\:\'CHE-.JOURNAL SouthwPstern Newspapers Corporation Subseribed and sworn to before me this~ day of December FOR:\laS-10 .. 19~ ~~~~ ; .. ~-· ,. bbRb;H~S'Sllt . .. .... •"{ No!ary Public In Md For JheState Of Tex~· My Commi~>1on Expire;; Nov. 9. 1988