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Home My Public Portal AboutOrd 165 Natl Electric Code 87 OAJcU~~ M ;)(P) /Q9o THE CITY OF BEL AlRE, KANSAS ORDINANCE NO. 1&5 AN ORDINANCE ADOPTING AND INCORPO- RATING BY REFERENCE THE NATIONAL ELECTRICAL CODE, PURSUANT TO K.S.A. 12-3209 et. seq.; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION FEES THEREFORE; PROVIDING FOR THE PROSECUTION OF VIOLATION AND PENALTY THEREOF AND REPEALING ANY ORDINANCES INCONSISTENT HEREWITH. WHEREAS, the Governing Body now deems it advisable to adopt the National Electrical Code, 198t Edition, regulating and con- trol~ing the installation, construction, enlargement, alteration, repa~r, removal, maintenance, and use of electrical systems, conductors and equipment. NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS, that the following National Electrical Code for the incorporated area of the City of Bel Aire, Kansas be and the same is hereby adopted. SECTION I. STANDARD CODE ADOPTED. The "Standard Code" as referred to herein is NFPA 70 National Electrical Code, 1987 Edition, as published by the National Fire Protection Association, Battermarch Park, Massachusetts, 02269, and the Uniform Administrative Code provisions for the National Electrical Code, 1987 Edition, as published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, and as amended herein. The Standard Code shall include all appendices and codified supplements to the NFPA 70 National Electrical Code, 1987 Edition, and to the Uniform Administrative Code provisions for the National Electrical Code, 1987 Edition. The Standard Code is hereby adopted as the electri- cal code for the City of Bel Aire, Kansas, and is incorporated by reference herein as if fully set out in this section. Changes and additions to the Standard Code which shall be stated in full hereafter include those at: Chapter I - TITLE AND GENERAL, Definitions, Sec. 103: BUILDING OFFICIAL; 1 Chapter 2 - ORGANIZATION AND ENFORCEMENT, Powers and Duties of Building, Official, Sec. 201(a); Violations, Sec. 204; and Establishing for Electrical Contractors, Business License Requirements and Penalties for Violations Thereof; and Establishing for Master and Journeyman Electricians. Chapter 3 - PERMITS AND INSPECTIONS, Connection Approval, Sec. 306, TABLE NO. 3-A-ELECTRICAL PERMIT FEES; ARTICLE 90 - INTRODUCTION, 90-2. Scope. (b) Not Covered; Chapter 1. General, ARTICLE 100-DEFINITIONS; Chapter 2 - Wiring Design and Protection. ARTICLE 200-USE AND IDENTIFICATION OF GROUNDED CONDUCTORS, 230-72. Grouping of Disconnects; Chapter 3 - Wiring Methods and Materials. ARTICLE 336-NONMETALLIC-SHEATHED CABLE, Types NM and MNC, A. General, 336-3-Uses Permitted; and ARTICLE 546-PREFABRICATED ASSEMBLY. A. ARTICLE 90 - INTRODUCTION, 90.2 Scope. (b) Not Cov- ered, is amended by adding the following: (6) Installation, under the exclusive control of the Bureau of Public Services, of traffic control devices upon highways in accordance with the State manual and specifications for a uniform system of traffic control devices as prescribed by K.S.A. 8- 2001, et. ~. B. Chapter 2 - Wiring Design and Protection -ARTICLE 200- USE AND IDENTIFICATION OF GROUNDED CONDUCTORS, 230-72. Grouping of Disconnects, is amended by adding the following: (d) Location. The service disconnecting means shall be installed either inside or outside of a building or other structure at a readily accessible location. Except by special permission prior to the installation, unfused service entrance conductors shall not be extended more than fifteen feet inside any building. 2 C. ARTICLE 336-NONMETALLIC-SHEATHED CABLE. Types NM and NMC, A. General, 336.3. Uses Permitted, is amended as follows: 336.3 Uses Permitted or Not Permitted. Type NM and Type NMC cables shall be permitted to be used in one and two-family dwellings, or multifamily dwellings. For the purpose of this article, the first floor of a building shall be that floor designed for human habitation which is level with or above finished grade of the exterior wall line of 50 percent or more of its perimeter. (a) Type NM. This type of nonmetallic-sheath cable shall be permitted to be installed for both exposed and concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture of dampness. Type NM cable shall not be installed where exposed to corrosive fumes or vapors; nor shall it be imbedded in masonry, concrete, adobe, fill, or plaster; nor run in a shallow chase in masonry, concrete or adobe and covered with plaster, adobe or similar finish. (b) TYpe NMC. Type NMC cable shall be permitted for both exposed and concealed work in dry, moist, damp, or corrosive locations and in outside and inside walls of masonry block or tile. (c) TYpes Not Permitted for Either TYpe NM or NMC. Types NM and NMC cables shall not be used as: (1) Service entrance cable, (2) In buildings other than one and two-family dwellings or multifamly dwellings, (3) In any hazardous location, (4) Embedded in poured cement, concrete or aggregate. D. The Standard Code is amended by adding ARTICLE 546- PREFABRICATED ASSEMBLY, as follows: ARTICLE 546-PREFABRICATED ASSEMBLY 546-1. Scope. The provisions of this article apply to prefabricated assemblies as herein defined. 3 546-2.Definitions. Prefabricated Assembly: "Prefabricated Assembly" means a structural unit, the integral parts of which have been built up or assembled prior to incorporation in the building or to being erected as a building unit. Approved Agency: "Approval Agency" means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approval by the Building Official. 546-3. Certificate of Approval. A Certificate of Approval by an approved agency shall be furnished with every prefabricated assembly, except where the prefabricated assembly is readily accessible to inspection at the site. The Certificate of Approval shall certify that the prefabricated assembly identified to said Certificate has been inspected and meets all requirements of the Standard Code. 546-4. Field Erection. Placement of any prefabricated assembly at a building site shall be inspected by the Electrical Inspector to determine compliance herewith. 546-5. Master Electricians Certificate of Approved Agency Certification. Electrical construction within or on any prefabricated assembly to be erected shall be performed with the supervision of a person who has a current and valid Electrical Contractors Business License, or said electrical construction shall have been factory installed, inspected and certified by an approved agency. SECTION II. COPIES ON FILE Not less than three (3) copies of the Standard Code incorpo- rated by reference in section 1 shall be filed with the city Clerk. Said copies shall have attached a copy of this Ordinance and shall be open to inspection and available to the public at all reasonable business hours. 4 SECTION III. DEFINITIONS A. Agricultural Building. CHAPTER I-GENERAL. ARTICLE 100-DEFINITIONS, A. GENERAL, of the Standard Code is hereby amended by adding the following definitions: "Agricultural Building" means a structure designed and constructed to house farm implements, hay, grain, poultry, live- stock, or other horticultural products. This structure shall not be a place for human habitation or a place of employment where agricultural products are processed, treated, or packages, nor shall it be a place used by the public. B. Building Official. CHAPTER I-TITLE AND GENERAL, Definitions, Sec. 103 General, of the Standard Code is amended in part as follows: "Building Official" is the official or other designated authority charged with the administration and enforcement of the Standard Code, and that official's designee(s), and is the author- ity having jurisdiction for the Standard Code. The terms "Build- ing Official" and "Department Director" of the Department of Code Enforcement are synonymous. SECTION IV: Adoption of Rules and Regulations. Chapter 2, ORGANIZATION AND ENFORCEMENT, Powers and Duties of Building Offi- cial, Sec. 201.(a) General is amended by adding the following: The Building Official shall have the authority to promulgate such rules and regulations as are necessary to carry out the purpose of the Standard Code and such rules and regulations shall be effective upon approval by the Governing Body of the City. SECTION V: Violations. Enforcement and Penalties. Chapter 2, ORGANIZATION AND ENFORCEMENT, violations, Sec. 204, is amended as follows: A. Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any electrical system or equipment or cause or permit the same to be done in violation of the Standard Code. 5 B. Service of Notice of Violation(s) and Correction(s) Ordered. Whenever the Building Official has probable cause to believe that a person, firm or corporation is committing or has committed a violation of any provision of the Standard Code, the Building Official shall first cause notice of such alleged viola- tion to be served upon any person, firm or corporation responsible therefor. Such notice shall: 1) be in writing; 2) include a description of the real estate suffi- cient for identification; 3) specify the violation which exists and the Correction ordered; 4) allow a reasonable time for the performance of any act it requires. Such notice shall be deemed to be properly served upon such al- leged violator if a copy thereof is delivered to such alleged violator personally, or, if not found, a copy thereof is left at such alleged violator's place of abode or business with a person of suitable age and discretion who shall be informed of the con- tents thereof. Such notice shall also be deemed to be properly served upon the alleged violator if a copy thereof is sent by mail to such alleged violator's last known address, or, if the letter with the copy is returned showing it has not been delivered, a copy thereof is posted in a conspicuous place in, on, or about the building or structure affected by the notice. C. Enforcement. In case any Notice of violation(s) and Correction(s) Ordered authorized herein is not complied with, the Building Official shall request the City Attorney to institute an appropriate action or proceeding against the person, firm, or corporation responsible for the violation: 1) to restrain, correct, or remove the violation or to compel such person, firm, or corporation to refrain from any further execution of work; 2) to restrain or correct the erection, construc tion, enlargement, alternation, repair, move- ment, improvement, removal, conversion, demoli- tion, equipping, use, or maintenance of such electrical system or equipment; 6 3) to require the removal of work in violation; 4) to prevent the use of the electrical system or equipment or any part thereof, which is erect- ed, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolish- ed, equipped, used, or maintained in violation of the Standard Code or in violation of a plan or specification under which an approval, per- mit or certificate was issued. In addition, or in the alternative, the Building Official may proceed with the penalties provision of the Standard Code. D. Penalties for violations. Any person, firm or corporation who shall be convicted in a court of competent juris- diction of violating any provision of this Code shall be deemed guilty of a Class C misdemeanor and, in accordance with K.S.A. 21-4502, shall be subject to a definite term of confinement which shall be fixed by the Court and shall not exceed one (1) month. In addition to or instead of confinement authorized by law, a person convicted of violating any provision of this code may be sentenced to pay a fine which shall be fixed by the court at a sum not to exceed $500.00, in accordance with K.S.A. 21-4503. Each day that any violation of this Code occurs after due notice has been served in accordance wit the terms and provisions hereof shall constitute a separate offense and shall be punishable as a separate violation. Provided, however, that if any person, firm or corporation is found guilty of a Class C misdemeanor herein- under and it shall appear to the court that the violation com- plained of as prescribed in this Code is continuing, then in addition to the penalty set forth above, the court shall enter such order as it deems appropriate to cause the violation to be abated. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provision of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requ~r~ng the correction of errors in said plans and specifica- tions or from permitting construction operations being carried on thereunder when in violation of this Code or of any other ordi- nance or revoking any certificate of approval when issued in error. 7 Every permit issued by the Administrative Authority under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at anytime after the work is commenced for a period of one hundred twenty (120) days. Before such work can be re- commenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half of the amount required for a permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; provided, further, that such suspension or abandonment has not exceeded one (1) year. SECTION VI. SCHEDULE OF FEES. Chapter 3-PERMITS AND INSPECTIONS, Fees, Sec. 304.(a) Permit Fees and TABLE NO. 3-A-ELECTRICAL PERMIT FEES are amended as follows: FEES section 304.(a) Permit Fees. The fee for each electrical permit shall be as set forth in Table No. 3-A and shall accompany each application made for such permit. TABLE NO. 3-A-ELECTRICAL PERMIT FEES Permit Issuance Fee.....................................$ 10.00 Minimum Schedule Fee Charge............................. 5.00 Special Permit Fee*...........................2 x scheduled fee Reinspection Fee**......................................$ 10.00 SCHEDULED FEE CHARGES Ordinary branch circuits on new construction or remodeling: First, second, third, fourth, and fifth circuits, each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 . 50 sixth to twentieth circuit, add for each.......... .50 Over twenty circuits, add for each................ .25 Heating appliances less than 4500 watts, each..... 1.50 Light fixtures or lamp holders, each.............. .10 8 Motors: 1 H.P. or smaller, each........................... Over 1 H.P. up to 10 H.P., each................... Over 10 H.P. up to 25 H.P., each.................. Over 25 H.P. up to 50 H.P., each.................. Over 50 H. P., each................................ Special Circuits and Additions: Electric ranges and all heating devices over 4500 watts: First, second, third and fourth, each............. Allover four, add for each....................... Clothes Dryers: First, Second, third and fourth, each............. Allover four, add for each....................... Special power outlets, each....................... Signs, each circuit............................... Outlets added to existing circuits, each.......... Services: 480 Volts or Less: 100 amperes or less, residential per meter........ 100 amperes or less, commercial per meter......... Each additional ampere............................ Construction site (not part of permanent wiring).. Over 480 Volts: Each service entrance............................. 1.00 1.50 3.00 5.00 10.00 2.50 1.50 2.50 1.50 2.50 1.00 .10 1.00 2.00 .01 5.00 25.00 *Any person who installs any electrical wiring for which a permit and inspection are required and who fails to report the same as ready for inspection when such work is completed shall pay a Special Permit Fee of twice the amount of the Scheduled Fee Charges shown above, subject to a Minimum Scheduled Fee Charge of Ten Dollars ($10.00) and payment of the Permit Issuance Fee. **In circumstances where reinspections are made because of faulty construction or failure to make necessary repair, a Reinspection fee of Ten Dollars ($10.00) shall be paid. F. Chapter 3-Permits and Inspections. Connection Approval, Sec. 306, is amended by adding the following: (c) Electric utility. No electric utility shall allow the distribution of electrical power to a construction meter or any building, structure or premises until required inspections have been completed by the Building Official and/or the Electrical Inspector and until said electric utility received notification releasing it from this prohibition. 9 SECTION VII. ELECTRICAL CONTRACTORS. MASTER ELECTRICIANS AND JOURNEYMAN ELECTRICIANS. 1. Certification Required. It shall be unlawful for any person to engage in the business of contracting electrical con- struction without first having secured a electrical contractors certificate as provided for by this Ordinance. Further it shall be unlawful for any person to engage in the trade or otherwise perform acts of electrical installation within or on any building or premises without first having secured a electrical contractor or journeyman electrical certificate. It shall be unlawful for any reason to engage in the business of contracting electrical system installation without first having secured a master electrician certificate as provided for by this Ordinance. Further, it shall be unlawful for any person to engage in the trade or otherwise perform acts of electrical installation within or on any building or premises without first having secured a master electrician or journeyman electrician certification. The following exceptions are allowed: (a) Apprentice electricians shall be permitted to work when accompanied by and under the direct super- vision of a electrical contractor or master electrician. (b) Owners of one and two-family dwellings who current- ly reside in the residence where the work is being performed shall be permitted to work on the electrical systems in that residence and accessory structures thereof, provided all other requirements of this Code are complied with. 2. Examination Application. Applications for examination for a electrical contractor, master electrician or journeyman electrician shall be made to the Sedgwick County Division of Building Inspections, Planning and Zoning and referred to as the Board of Electrical Examiners. The Board may establish minimum levels of experience, training and other qualification required to qualify for examination. 10 SECTION VIII. MISCET,T,ANEOUS PROVISIONS A. Structures Exempted. Agricultural buildings and One and/or Two Family Dwelling Units, as defined in section III here- of, shall be exempted from the provisions of this Code. B. Saving Clause. All rights and remedies of BEL AIRE and the property owners and residents thereof are expressly saved as to any and all violations that have accrued at the time of the effective date of this Ordinance, or any prior electrical ordi- nance. The Court shall have all the powers that existed prior to the effective date of this Ordinance as to all accrued viola- tions. C. Repeal. All prior Ordinances or parts thereof in conflict herewith are hereby repealed. D. Severability. Should any section, clause or provision of this Ordinance be declared by any court of competent juriSdic- tion to be invalid, the same shall not effect the validity of this Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. SECTION IX. EFFECTIVE DATE. This Ordinance shall take effect and be enforced from and after publication once in the official city newspaper. 11 p~s SED and APPROVED by the Governing Body this~ day of l.J..... IA _'-t.. , 1990 . f "..,;../-\",,':'~~.'D'..,bY the Mayor this L2i'/day of -;+, 1990. "'i'n.., ",."r, ,((If' . rG ,,~~/ 'I\. "',~::,', ~ ~ f ~_... \.\.-;\ v,::~'\ .. ~ t .,.... f ' .~' ~ \.'J;..... ',"" ~ (I) , '\4~'; \ ~..f I:;;: \ ~J _.' ,CilY.l\,f,,::-,.' '. . -c. '_- III f jf ~ \. ~ ~ "'1 ,'1 , ~ .L'iafl '" .~\;\ l~S,.. i'._; ';" . . Jj s nS T " t',", A'1>7',ES'l'.; '\1."V ", );: In C\"\ . ~/~ CITY C RK 11