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ORDINANCE NO. 43 .' . e ., AN ORDINANCE ~ =!lo 43 An Ordinance to safeguard persons against injury, and property against hazards, arising from the improper and unsafe installation of electric wiring and its associated materials, devices and equipment, used for supplying light, heat, power, and any other uses. 1. Ti tle a. This Ord,inance shall be known as the "Electrical Code" of the City of Schertz, Texas (hereinafter called the "City"). Be it ordained by the City Council of the City of Schertz, Texas. 2. Minimum Standard for Wiring a. All wiring covered by this Ordinance within the City shall at least meet the minimum standards of the 1959 edition of the NATIONAL ELECTRICAL CODE (here- inafter called the "Codell), a Standard approved by the American Standards Association and published by the National Board of Fire Underwriters, or any subsequent revision thereof, when it shall become effective. A copy of the 1959 Code and subsequent revisions shall be kept on file by the City Secretary for reference by interested parties. b. Each new edition of the Code (or any interim Supplement thereof) shall become effective immediately upon publication, but any new provisions not part of previous editions, shall not become mandatory until six (6) months after pub- lication. c. Each building service shall have as an integral part of the entrance equipment, a main disconnecting means located at a readily accessible point immediately adjacent to the meter outside of the building, convenient to a person standing on the ground. The disconnecting means shall comply with the requirements of Article 230, Sections 70 through 76 of the Code, except that paragraph 230-70 (g) is hereby deleted, since it is in conflict with this section of the Ordinance. d. In addition to the minimum standards of the Code, such additional standards as the Guadalupe Valley Electric Cooperative, Inc., may establish for its members and consumers, are hereby adopted as mandatory standards within the City. They shall become effective upon copies of such standards being filed by the Cooperative with the City Secretary. 3. Acceptable Materials a. Materials, devices, and equipment installed as part of any wiring system installed within, or on any building, structure or premises, publicly or privately owned, shall conform to recognized standards of quality and safet~ ~ ... -. . -' . -2- . " Presence on any such materials of a label issued by the Underwriters Labor- atories, Inc., of Chicago, Ill., indicating its acceptance of same, shall be considered prima facia evidence of the acceptability of such materials, devices and equipment for use in this City. Any material not so labeled can be used only after evidence satisfactory to the City Electrical Inspector has been furnished, which will enable him to classify it as acceptable for use in the Ci ty . 4. Licensing of Electricians a. Except as otherwise provided herein, no person, firm or corporation shall in- stall, repair or remove electric wiring (as defined in Section 3-a above) unless licensed by the City to perform such work, or unless directly supervised by a qualified Electrician duly licensed by the City. b. Written applications for licenses shall be filed with the City Secretary. The application shall show the name and address of the applicant; shall describe his previous experience in electrical work; shall state how he intends to operate as a licensee, that is, as an individual, as a contractor employing other licensed electricians, or as an employee of a contractor. All applications shall be referred by the City Secretary to the City Council at its next regular or called session. c. Following are the pre-requisite qualifications before an application for a license will be considered by the City Council: (1) Applicant must be of a good moral character. (2) Applicant must have had not less than four (4) years of practical ex- perience as an apprentice or helper, or as an electrician (whether previously licensed or not), or as an electrical contractor. There must be evidence furnished that during the four (4) years he has ad- vanced sufficiently to be classified as a competent electrician. (3) In addition to the above, the applicant shall have, or the firm or organization by whom he is employed, shall have qualified and be ap- proved by the Guadalupe Valley Electric Cooperative, Inc. as an established "Willie Wiredhand Electrical Contractor" in good standing. d. Any person holding a license under this ordinance, who changes his status as a licensee, shall report same in writing to the City Secretary. (If licensed as an Electrician employed by an Electrical Contractor, and he desires to become an independent Electrical Contractor, he should file notice of such or any other similar change of status, with the City Secretary.) ....J '. . . -3- e e. The City Council, upon due consideration of the qualifications of each ap- plicant, may approve or disapprove such application for license. f. Upon approval by the City Council, the City Secretary is authorized to issue a license only after each such approved applicant has paid the required license fee and furnished the required bond. An initial license fee of4 2,.0.00 shall be paid to the City Secretary. Each g. year the,reafter on or before the io+~. day of JanUdY"~ each licensee shall . $5 00 pay to the City Secretary an annual license fee 1n an amount of f~ Failure to pay the license fee on or before due date shall automatically sus- pend the license. Payment of the annual license fee, plus a lO~ penalty, shall remove such suspension. h. An applicant for a license approved by the City Council shall submit to the City Secretary a corporate surety bond, acceptable to the City Attorney, in the principal amount of'" DOD. ~ Said bond shall indemnify the City or any person, firm, or corporation within the City, for damages caused by the licensee (his agents or employees) in connection with the exercise of privileges extended to the licensee by reason of having been licensed by the City. The surety bond shall run for a term concurrent with the annual license period, and evidence of the renewal of the bond, satisfactory to the City Attorney, shall be submitted each year when the annual license fee is paid. i. A duly qualified and licensed Electrician is hereinafter referred to as an IIElectricianll. 5. Permits for Wiri~ a. Except as otherwise specifically provided in this .Ordinance, it shall be unlawful for any person to install, or cause to be installed, or to permit any person to install, any electrical wiring system (or part of such system) as defined in Section 3-a above, or to make alteration, addition, change or major repairs to same, without first having procured a permit therefor, issued by the City Secretary. b. No permit shall be required, however, for: (1) Maintenance work, such as replacement of lamps, sockets, fuses, drop cords, snap switches, or other similar minor repairs. (2) The connection of portable electrical equipment (including room air conditioners, ranges, etc.) to suitable existing permanently installed receptacles. . . . -4- e , . (3) The replacement of a motor by another motor of' the same horsepower and rating, and installation of pressure and other similar controls, when the electrical supply for same has been properly installed by an Electrician. c. It is the policy of the City to up-grade electric wiring so as to eliminate as rapidly as possible hazards which have developed in many installations in the City, due to the lack of a means of controlling electrical work prior to I incorporation of the City. Therefore, it is the policy of the City that whenever an Electrician shall apply for a permit to make an addition to an existing wiring installation, he shall certify that he has examined all of the wiring on the premises and has included as part of the job for which the permit is requested, the elimination of all hazardous conditions in the existing wiring. d. Except as otherwise provided in this Ordinance, no permit shall be issued to anyone who is not licensed to perform electrical work by the City. e. A person performing electrical work with his own hands in a dwelling (or on premises) owned by him and registered on the tax rolls of the State of Texas as his homestead, may be issued a permit to do electrical work on his home- stead, upon payment of the required inspection fee. His work shall in all respects be in accordance with the minimum standards established by this Ordinance, and shall be subject to inspection by the authorized electrical inspector. Failure or refusal on the part of such owner to remedy the deficiencies found by such electrical inspector, within 10 days, shall con- stitute a violation of this Ordinance. 6. Inspection Procedures a. The City Council shall appoint a qualified person to serve as its electrical inspector. He shall serve at the pleasure of the City Council and be compen- sated in such manner as is agreed upon between him and the City Council. b. It shall be the duty of the Cityts electrical inspector to make inspections of wiring within the City, except for those instalaations covered bby paragraph "i" of this section. c. Upon completion of a wiring job, the permit holder shall request an inspection. d. No electrical work covered by a permit shall be energized without the per- mission of the electrical inspector, except as provided in paragraph "ell of this section. I L_ . e , . -5- e. If for any reason the electrical inspector is unable to make the inspection within 48 hours after being requested to do so, the wiring may be energized without awaiting permission from the electrical inspector. However, the wiring shall still be subject to an inspection and correction of deficiencies as provided in this Ordinance. f. A report in writing of each inspection shall be made by the Cityts electrical inspector. One copy shall be filed with the City Secretary, where it shall be a pubiic record. A duplicate copy of the inspection report shall be supplied by the inspector to the Electrician. A suitable tag shall also be installed by the inspector at an appropriate place showing whether the job is approved or disapproved. Both copies of the inspection report shall itemize any deficiencies found by the inspector. g. Any deficiencies shown in an inspection report shall be corrected within 10 days, and a re-inspection shall be requested as soon as they are corrected. h. Failure of the permit holder to make the required corrections within 10 days, shall constitute a violation of this Ordinance. i. The Guadalupe Valley Electric Cooperative, Inc. (hereinafter called the "Cooperative"), is hereby authorized to continue making inspections of electric wiring within the City, in accordance with its established policies governing inspections and re-inspections, which are in effect elsewhere on its electrical distribution system. The class of inspections hereby reserved to be made by the Cooperative shall include new wiring in new dwellings or buildings, or any other wiring installation which requires a new metering location. One copy of each electric wiring inspection report made by the Cooperative~s inspector shall be filed with the City Secretary and shall be a public record. j. The Cooperativets inspector shall have the same powers with respect to enforce- ment of this Ordinance as those assigned by this Ordinance to the Cityts Electrical Inspector. k. The Cooperative is authorized to continue in the future, as it has in the past, to levy and collect inspection fees for new wiring installations, and to make such disposition of same as its policies, rules and regulations require. 1. The division of the inspection responsibility between the Cityts inspector and the Cooperative's inspector, is intended to result in no duplication of inspections. It is the duty of the Cooperativets inspector to make only such inspections as are not assumed by the City. " e -6- e 7. Inspection Fees a. At the time any permit is issued for a job which will be inspected by the City~s Electrical Inspector, the City Secretary shall first be paid an in- spection fee, according to the following schedule: (1) For changes in wiring resulting in the addition of not more than one . .. 1""'; outlet, an amount of ~ .~t) (2) For changes in wiring in excess of the above item, an amount of ~ e;.~? b. When a re-inspection is required by the City's electrical inspector, the Electrician holding the permit for the job shall pay a re-inspection fee of $_~'~ to the City Secretary at the time he requests that the re-inspection be made. A like re-inspection fee shall be paid for each re-inspection required on the same job. 8. Penalties a. Any person, firm, or corporation, violating this Ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined a sum of not more than O",e J.!vY\ c\ red dollars ~ I OO.~ ). Each and every day or fraction of a day during which th~ Ordinance is violated shall be considered a separate offense and punishable as such. b. If an Electrician violates this Ordinance, he may be prosecuted under the above paragraph, or as an alternate to such procedure, he may be requested in writing by the Electrical Inspector to appear for a hearing before the City Council on a speficied date. After hearing the complaints of the Electrical Inspector against the Electrician and answers of the accused, the City Council may after due deliberation: (1) Find the complaint to be unjustified and exhonorate the accused, or (2) Sustain the compaaint, and then either cancel the license of the :Electrician or su:;:;pend his license for a period of not more than CoD days; or (3) Place the Electrician on probation for a period of not more than coo days, during which time he shall be required to correct his previous deficiencies, or forfeit his license. c. If an Electrician is found guilty under Section 8-a of this Ordinance, in a Court of competent jurisdiction, and a final uncontested judgment of being guilty is entered against him, he shall thereby forfeit his right to the license previously' issued to him, and shall surrender it to the City Secretary. Failureov refusal . -7- e ,. . .OJ to do so shall constitute a new and separate violation of this Ordinance. d. The City Council, may after due deliberation, restore the license of any person whose license has been revoked or Iv suspended by reason of this ordinance, not less than '0 ~v- - days after such revocation~suspension, if, in their judgment i\ the Electrician will be willing in the -future to abide by the Ordinance. 9. Each Section Separately Enacted a. Each section and sub-section of this Ordinance has been separately considered and passed by the City Council, and if any provision, section or sub-section paragraph, clause, phrase or sentence hereof shall be ruled or held ineffective invalid or unconstitutional for any reason by a Court or competent jurisdiction, it shall not impair nor affect the remaining portions hereof. lO. Repeal of Conflicting Ordinances a. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. II. This ordinance shall become effective upon passage, approval and publication as required by law. PASSES AND APPROVED this the ~th day of February, 1961. ~dQ;~ Mayor ATTEST: ~QJ~~ L- ___