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HomeMy WebLinkAboutOrdinance 1434 ORDINANCE NO . 1434 SCANNED AN ORDINANCE TO BE , KNOWN AS THE GENERAL ELECTRICAL ORDINANCE OF THE CITY OF FAYETTEVILLE , ARKANSAS ; TO PROVIDE FOR THE ADOPTION BY REFERENCE OF THE NATIONAL ELECTRIC CODE STANDARD OF THE NATIONAL BOARD OF FIRE UNDERWRITERS ; PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE CONSTRUCTION , INSTALLATION AND INSPECTION OF ELECTRICAL WIRING ; PRESCRIBING PENALTIES FOR THE VIOLATIONS OF SUCH RULES AND REGULATIONS ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ; AND FOR OTHER RELATED PURPOSES WHEREAS , the City Council of the City of Fayetteville , Arkansas , finds that the electrical ordinances are out of date , and it is the best interest of the City of Fayetteville to revise its electrical ordinance ; and WHEREAS , the City Council of the City of Fayetteville , Arkansas , has under con- sideration the adoption of an ordinance relating to the construction, installation and inspection of all electrical wiring and apparatus as set forth in October , 1962 , edition of the pamphlet entitled , "NBFU Pamphlet No . 70 , National Electrical Code , " as issued by the National Board of Fire Underwriters ; and WHEREAS , three ( 3 ) copies of said pamphlets are kept on file in the Office of the City Clerk of the City of Fayetteville , Arkansas , and the City Council of the City of Fayetteville , Arkansas , has caused a notice to be published in a newspaper of general circulation within the City of Fayetteville , Arkansas , stating that it had under consideration the adoption of said pamphlets and advising the public that the requisite copies of same were on file in the Office of the City Clerk and open to public examination; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . Adoption by Reference There is hereby adopted by the City Council of the City of Fayetteville , Arkansas , by reference thereto the provisions set forth in the October , 1962 , edition of the National Board of Fire Underwriters Pamphlet "NBFU No . 70 , National Electrical Code , " save and except such portions of said pamphlet as are hereinafter deleted , modified , or amended , and the provisions contained in said pamphlet are hereby adopted and incorporated as fully as if set out at length herein , and the provisions thereof shall be controlling within the corporate limits of the City of Fayetteville , Arkansas . SECTION 2 . Adoption of Rules and Regulations The Electrical Inspector is hereby authorized to make such written Rules and Regulations concerning electrical wiring as may be necessary to implement , clarify and carry out the purposes of this Ordinance , said Rules and Regulations to become effective upon approval by the Mayor and City Council . MICROFILMED, DATE OCT 10 1978 REEL t Ordinance No . 1434 - 2 - February 15 , 1965 SECTION 3 . Definitions The definitions in this Ordinance shall correspond to those set out in the above adopted electrical code and include in addition the following : ( 1 ) Electrical Wiring : The term " electrical wiring " as used in this ordinance , means the installation of electrical raceways , conductors or apparatus of any kind used , or to be used , in or on any building for the transmission and distribution of electric current for electric light , heat , or power , or non- portable electrical fixtures and apparatus of any nature to be connected to light , heat or power service ; provided , however , that the words " electric wiring , " "electrical equipment , " and "apparatus " shall not be deemed to include or refer to service lines , apparatus , and equipment for the sale , distribution , regulation or electricity and remaining the property of the electric service company , or for telephone , telegraph , video or other communication purposes , or in connection therewith . ( 2 ) Electrician: An electrician is a person who is licensed to do electrical wiring work . ( 3 ) Master Electrician: A master electrician is a person who is licensed in the City to engage in the electrical business as an electrical contractor and is also qualified to do installation work on the job . ( 4) Journeyman Electrician : A journeyman electrician is a person who is licensed in the City to do the actual physical work of installing electrical wiring when employed by an electrical contractor and works under the super - vision of a master electrician . ( 5 ) Maintenance Electrician: A maintenance electrician is an employee of a company , corporation or institution who is responsible for the work of operating , caring for and maintaining the electrical installations of any building or factory . ( 6 ) Apprentice Wireman: An apprentice wireman is a person who is learning the electrical wiring trade and who is competent to assist , under the super - vision of a licensed journeyman or master electrician , in the work of installing or repairing electrical wiring . An apprentice shall not work on any job alone . ( 7 ) Electrical Contractor : An electrical contractor is any person who shall advertise or publicly set himself up as being in the electrical wiring business in the City . ( 8 ) The word " City " shall mean the City of Fayetteville , Washington County , Arkansas . Ordinance No . 1434 - 3 - February 15 , 1965 ( 9 ) Person: The word "person " as used in the within electrical code shall mean and include any person, firm , co -partnership or corporation , depending upon the context or the sense in which the word is used . ( 10 ) Inspector : The word "inspector " shall mean the City Electrical Inspector whose duties are defined and set forth, in the within electrical code , and such word shall include in its meaning all assistants authorized to assist or carry on the work of electrical inspection under the provisions of the Electrical Ordinance . SECTION 4 . Electrical Inspector ( 1 ) Provisions for Inspector : There is hereby created the position of Electrical Inspector of the City and as many assistants as are needed to discharge the duties of this office . Said Electric Inspector and assistants shall be versed in the theoretical and practical knowledge of electricity and the National Electrical Code . ( 2 ) Limitation of Inspector : The Inspector shall not be directly or indirectly connected in any business engaged in electrical work or the sale of electrical fixtures , appliances and. material . ( 3 ) Salary of Inspector : The Inspector shall receive , as full compensation for for his service , such salaries as the City Council may direct . ( 4) Inspector Bond: The Inspector shall file bond in the sum of $ 1 , 000 to indemnify the City from the loss of any money or other personal property through fraud , dishonesty , forgery , or embezzlements , while occupying and performing his duties hereunder . The premium for such bond shall be paid by the City . SECTION 5 . Duties and Powers of Electrical Inspector ( 1 ) Enforcement of Electrical Ordinance : It shall be the duty of the Inspector to enforce the provisions of the Electrical Ordinance , to make investigations , inspect and/ or test all electrical wiring , issue electrical permits and to prepare suitable forms . ( 2 ) Electrical Inspector Right of Entry : The Inspector and other persons authorized by the Inspector , is hereby granted authority to enter all buildings in the City in the performance of his duties between the hours of 8 : 00 a . m . and 5 : 00 p , m . daily , except that in emergency the Inspector may enter buildings for such purposes at other than the above designated hours , and may disseminate information relative to the provisions of this ordinance . Ordinance No . 1434 - 4 - February 15 , 1965 SECTION 6 . Electrical Examining Board An examining board is hereby created to act on all applications for electrician licenses , to administer examinations for licenses and perform other related duties as may be required by the Electrical Ordinance of the City . Members of the board shall be appointed for a period of two years by the Mayor . The present board shall continue until their terms of office expire and their successors are appointed and qualified . The Inspector shall serve as its chairman and he shall keep a record of all applicants and of the general proceedings of the board , and the board shall issue certificates for license to those who successfully pass the examination . ( 1 ) Members of Examining Board : The electrical examining board shall be composed of three ( 3 ) active members and two ( 2 ) alternate members as follows : ( a ) Active Electrical Examining Board Members : 1 , A City- licensed master electrician 2 . A City- licensed journeyman electrician 3 . The Inspector , who shall represent the administrative authority of the City . ( b) Alternate Electrical Examining Board Members : 1 . A City- licensed master electrician 2 . A City- licensed journeyman electrician ( 2 ) Meetings of the Examining Board : The electrical examining board shall meet at least once each sixty ( 60 ) days or as soon as possible thereafter upon the call of the chairman of the examining board . ( 3 ) Examining Board Supplies : The City shall secure necessary material , equipment and supplies as required by the board from the receipts collected with applications for examination , and the Inspector shall be in charge of said equipment and supplies . SECTION 7 . Temporary City Electrical Work Permits ( 1 ) No Master Temporary Work Permits Issued: No temporary master City electrical work permit shall be issued to any applicant who has applied for a City master electrician license . ( 2 ) Journeyman Electrical Temporary Work Permit : A temporary City journey - man electrical work permit may be issued to an applicant who has applied for a City journeyman electrician license for a 30 day period or until the next electrical examination is given by the electrical examining board and only on the following conditions : Ordinance No . 1434 - 5 - February 15 , 1965 ( a) The applicant must register with the Inspector . ( b) The applicant must make arrangements with the chairman of the electrical examining board to take the examination for the City journeyman electrician license . ( c ) The applicant working under a journeyman electrical temporary work permit must not work alone on any job installing electrical wiring but must be accompanied and supervised at all times on the job by a City- licensed master or journeyman electrician . ( d) The said temporary City work permit shall become void and the applicant must cease doing electrical work in the City , if the results of said examination should be below the minimum passing grade required by the examining board . ( e ) No temporary work permit may be renewed or reissued to the same applicant . Applicant must have a permanent City electrician license to continue doing electrical work in the City after the expiration date of the temporary work permit or after such date as the examining board may direct . SECTION 8 . Apprentice Wireman A person shall be permitted to work inside the City as an apprentice wireman as defined in this ordinance provided: ( 1 ) The applicant must register with the Inspector and he shall be required to notify the Inspector each time he changes employment to work for another electrical contractor . ( 2 ) The applicant working as an apprentice wireman shall work at all times under the direction and constant personal supervision of a licensed journeyman or master electrician . SECTION 9 . Maintenance Electrician A person shall be permitted to work inside the City as a maintenance electrician as defined in this ordinance provided: ( 1 ) The person working as a maintenance electrician shall be required to hold at least a City journeyman electrician ' s license . (2 ) The maintenance electrician must register with the Inspector and he shall be required to notify the Inspector each time he changes employment . ( 3 ) The maintenance electrician must maintain the electrical log and obtain electrical permits as required by this ordinance . Ordinance No . 1434 - 6 - February 15 , 1965 SECTION 10 . Electrical Contractor A person shall be permitted to operate an electrical contractor ' s business inside the City as defined in this Ordinance provided : ( 1 ) The electrical contractor is duly licensed by the City as a master electrician , or shall have one such licensed master electrician permanently employed at all times and actively in charge of and supervising all electrical wiring work of said employer . ( 2 ) The electrical contractor must furnish a corporate surety bond and liability insurance as set out within the ordinance . ( 3 ) The electrical contractor shall be required to register with the Inspector . SECTION 11 . License Required Any person desiring to install or replace any "electrical wiring " as defined in this Ordinance , within the City must first procure an electrician ' s license or renewal thereof, except as regulated to modified by provisions set forth in this Ordinance . SECTION 12 . Renewal of City Electrician ' s License An applicant desiring to renew a City electrician ' s license may do so under one of the following conditions : ( 1 ) Renewal of Electrician' s License : (a) The applicant must have held for the past year a similar City electrician ' s license as that applied for in his application. ( b ) Applications for renewal of a City electrician' s license where the applicant has failed to renew the City license regularly each year shall be referred to the electrical examining board for consideration and review . ( 2 ) Hold Inactive Electrical License by Deferment: A licensed master electrician or licensed journeyman electrician may choose to move to another City for employment purposes but wishes to keep his City electrician ' s license in good standing . Such electrician may make application to the City of Fayetteville , Arkansas , for deferment of his City electrician ' s license . This deferment may be granted for a period not to exceed three ( 3 ) years , except that additional deferment to members of the Armed Services in times of emergency and in cases of serious illness may be granted by the examining board . Ordinance No . 1434 - 7 - February 15 , 1965 ( 3 ) Changing a Deferred License into an Active City License : The applicant may convert a deferred City license to a similar active license during or at the end of the allotted three ( 3 ) year deferment period . ( 4) Length of License : No City electrician license shall be issued for longer than one year and all licenses shall expire on December 31 of each year and such license maybe renewed upon application made within 30 days following date of expiration . SECTION 13 . Transfer of License It shall be unlawful for any person , holding a City electrician license to transfer same or allow the use of same , directly or indirectly , by any other person for the purpose of obtaining a permit to do any of the electrical work herein specified . SECTION 14 . Electrician License Fees The following license and examination fees shall be paid in advance to the City : ( 1 ) Schedule of License and Examination Fees : Master Electrician License - - - - - - - - - - - - - - - - - - - - - $ 15 , 00 Renewal of Master Electrician License - - - - - - - - - - 15 . 00 Examination Fee for Master Electrician License - - 10 . 00 Journeyman Electrician License - - - - - - - - - - - - - - - $ 5 . 00 Renewal of Journeyman Electrician License - - - - - - 5 . 00 Examination Fee for Journeyman Electrician License 3 . 00 ( 2 ) Re - examination Fee : An applicant who fails upon examination shall be entitled to one re - examination without an additional fee . For each two subsequent examinations thereafter the fee shall be as set out in the above schedule of examination fees . ( 3 ) Delinquent Fee : If application for regular renewal of City electrical license is made after February first , a delinquent fee of One Dollar ( $ 1 . 00 ) per month shall be added to the above annual renewal fees . Such delinquent fee shall not exceed Four Dollars ( $4 . 00 ) for an applicant in any one year . (4) Deferment Fee : A fee of three dollars ( $3 . 00 ) shall be charged to cover special deferment services connected with deferment of a City electrician license . Ordinance No . 1434 - 8 - February 15 , 1965 SECTION 15 . Registration Fee ( 1 ) Journeyman Working with Temporary Work Permit : Every journeyman who qualifies to work in the City under a temporary work permit shall pay a $ 1 . 00 registration fee . ( 2 ) Electrical Contractor : Every electrical contractor as defined in this ordinance who is not a licensed master electrician shall pay a $ 1 . 00 registration fee . This fee shall be payable each year , ( 3 ) Apprentice Wireman: Every apprentice wireman working in the City shall pay a $ 1 . 00 registration fee . This fee shall be payable each year . SECTION 16 . Electrical Permit Required No electrical wiring work shall be started nor shall any building or structure be wired for electric lights , appliances , motors , apparatus or heating devices nor alterations made thereto without such person , firm or corporation having direct charge of such installation first applying for and obtaining an electrical permit , except as hereinafter regulated or modified by provisions set forth in this ordinance . SECTION 17 . Persons Qualified to Obtain Electrical Permits The Inspector is authorized to issue electrical permits to the following : ( 1 ) City - licensed master electrician ( 2 ) Property Owners : A permit may be issued to a property owner to install electrical wiring in a single family residence provided the property owner does the work himself and the building is owned and so occupied by such owner as his home , and provided the issuance of said permit is not used as a device to circumvent the requirement of a City electrician license imposed by this ordinance upon persons , firms or corporations who are in the business of building such residences for resale . Such electrical wiring work must be completed within strict compliance with the requirements of this ordinance . ( 3 ) Qualified and Experienced Contractors Engaged in the Construction of Certain Type of Specialized Jobs or Installations : Certain installations shall be interpreted to fall under the definition of " electrical wiring " as set out in this ordinance , however , because of the size of the job , and the technical or specialized nature of the electrical wiring work , the Inspector is authorized to issue special electrical permits to contractors which he determines to be qualified and experienced to make such installations . ( 4) Qualified Maintenance Electrician : The Inspector is authorized to issue electrical permits periodically to maintenance electricians who are in good standing and who are complying with provisions of this Ordinance . Ordinance No . 1434 - 9 - February 15 , 1965 SECTION 18 . Electrical Permit Fees In order to procure an electrical permit for the installation for electrical wiring work, any person before beginning any electrical wiring work , shall make application to the Inspector and shall pay the inspection fee required by the following schedule : ( 1 ) Schedule of Electrical Permit Fee : ( a) Meter loop service (new or remodeled) $4 . 00 ( b) First five ( 5 ) openings 4 . 00 (c ) From six ( 6 ) to ten ( 10 ) openings , inclusive 7 . 00 ( d) Each additional opening above ten openings . 15 ( 2 ) Rewiring Existing Installations : The permit fee for all overhauling or rewiring of existing buildings shall be the same as charged for new work . ( 3 ) Concrete Floor Buildings : An additional electrical permit fee shall be charged by the City for buildings having concrete floors which will have electrical conduits installed under the concrete floor . The additional electrical permit fee shall be $3 . 00 for each 2 , 000 square feet of total floor area of the building . ( 4) Extra Fee for Re - inspections : It is further provided that an additional fee of $3 . 00 shall be paid in advance by the electrical contractor or property owner for each and every extra inspection trip that the Inspector makes which is caused by the failure of the electrical contractor or property owner who is installing the electrical work to : ( a) Be ready for an electrical inspection which he has requested to be made . ( b) Provide means for the Inspector to enter locked premises to make an inspection requested by the electrical contractor . ( c ) Comply with the provisions of this Ordinance . ( 5 ) Double Electrical Permit Fees : Should any person willfully or through negligence begin or complete any electric wiring work for which an electric permit is required by this Ordinance , without having notified the Inspector ' s Office or applied for the necessary permit prior to or during the day that work is commenced, or on the next working day of the Inspector where such work is commenced on a Saturday or a Sunday or a holiday , he shall , when subsequently securing such permit , be required to pay double the fees hereinafter provided for such permit ; and shall be subject to all penal provisions of this Ordinance . Ordinance No . 1434 - 10 : February 15 , 1965 ( 6 ) Maintenance Electrician Electrical Permit Fees : The electrical permit fees for the periodical permit which is required elsewhere in this ordinance for maintenance electricians shall be computed on the same basis as set forth in the Schedule of Electrical Fees above . SECTION 19 . Time Limitation on Electrical Permits : Every electrical permit issued hereunder shall expire by limitation and become null and void if the electrical work authorized by the permit is not commenced within six (6 ) months from the date of such permit and the work diligently executed , or if the electrical work as authorized by such permit is abandoned at any time after the work is commenced . Before such work can be recommenced , a new electrical permit shall first be secured for the unfinished portion of the work . SECTION 20 . Refusal of Permit and Suspension of City Electrician ' s License Any person engaged in the business of installing electrical wiring who shall fail to correct promptly , any defect in any work done by him contrary to this ordinance , after having been notified thereof by the Inspector , shall not be issued any further permits until such defect has been corrected ; and in any case in which any person shall continue to or persistently violate the ordinances of the City in regard to the electrical work or the orders of the Inspector in relation to the same , the license of such person shall be suspended or revoked . SECTION 21 . Examination for a City Electrician License The applicant must satisfy the following requirements as a pre - requisite to qualify for taking a City electrician examination: ( 1 ) Journeyman Examination: If the applicant requests a journeyman electrician examination , the applicant must qualify under one of the following requirements : ( a) Applicant must have registered and completed at least three ( 3 ) years as an apprentice wireman of good standing in the City . ( b) Applicant must present written affidavits of having three ( 3 ) or more years of practical experience at actual electrical wiring . ( c ) Applicant must present other proof satisfactory to the examining board that he is qualified to take the journeyman electrical examination . ( 2 ) Master Examination: Applicants for master license shall furnish the board with proof, prior to examination, that they have operated as electrical contractors in other cities for a period of at least three ( 3 ) years or they shall have held a City journeyman license for a period of at least three ( 3 ) years . Ordinance No . 1434 - 11 - February 15 , 1965 ( 3 ) Waiting Period for City Electrician' s Examination: Should an applicant fail to make a passing grade in two consecutive examinations , he must wait for a period of six ( 6 ) months from the date of the last examination before he can make application for re - examination . SECTION 22 . Electrician Bond Every electrical contractor actively engaged in the electrical business in the City shall be required to furnish a corporate surety license permit bond . ( 1 ) Such electrical contractor shall execute and file in the Office of the City Clerk a corporate surety license permit bond in the sum of One Thousand Dollars ( $ 1 , 000 . 00 ) conditioned to indemnify and hold harmless the City and all persons , firms or corporations against all loss or damage by the failure of said electrical contractor , his agents , servants , or employees to comply with the provisions of this electrical ordinance . SECTION 23 . Electrician Liability Insurance Every electrical contractor actively engaged in the electrical business in the City shall be required to, carry liability insurance as set out below : ( 1 ) Bodily injury - - - - - - - - - - - - $25 , 000 each person 50 , 000 each accident ( 2 ) Property damage - - - - - - - - $ 10 , 000 each accident 25 , 000 aggregate Such active electrical contractor shall file with the City Clerk a certificate or certificates of insurance coverage , the number of said policy or policies and the name of the insurance company issuing the insurance policy or policies , stating that said electrical contractor , his agents , servants , employees , have obtained a contractors liability insurance policy in the minimum coverage as specified . SECTION 24 . Electrical Log Required A log shall be kept and maintained by the maintenance electrician of all electrical .wiring that is altered or installed in any building or factory where he is employed . ' This log shall be open to the Inspector at his request . SECTION 25 , Responsibilities of the Licensed Electrician ( 1 ) Advance Notice for Electrical Inspection: It shall be the duty of the master . electrician or his authorized representative to give notice to the Inspector when the electrical wiring work is ready for an inspection . ( 2 ) Make Sure Work is Ready for Inspection: It shall be the duty of the electrician to make sure that the electrical wi ring work will stand the inspection before he requests the Inspector to make an inspection of the " electrical wiring .work . Ordinance No .. 1434 - 12 - February 15 , 1965 SECTION 26 . Electrical Inspections ( 1 ) : . Minimum Number of Inspections : There shall be a minimum of two inspections by the Inspector when electrical wiring is installed in any buildings . First known as the rough- in inspection and the second as the final inspection . ( a) Electrical Rough- in Inspection: The "rough- in" inspection is to be made when the electrical wiring is installed but before concealing the electrical wiring work . ( b) Electrical Final Inspection: The final electrical inspection is to be made when all electrical wiring work is completed . ( 2 ) Inspection and Test of Existing Electrical Installation: The Inspector shall have the legal right to require any existing electrical installation to meet the inspection and test when he may have reason to believe that such system is not safe for the use it is intended .. When such inspections or tests indicate faulty and unsafe systems , the owner shall recondition such electrical installation to render it safe. ( 3 ) Periodical Inspections : The Inspector shall make inspections periodically of all premises and installations under the supervision of a registered maintenance electrician as outlined in this ordinance . SECTION 27 . Liability for Damages The issuance of permits or certificates of approval as required by this section shall not be construed as relieving any person from liability for damages to persons or property in connection with the operation, control or installation of any electrical equipment ,_ and the City shall not be held as assuming any liability by reason of the issuance of permits or certificates of approval . The intention of the provisions of this code is to afford the public safety to life and property insofar as such safety can be provided by law . This ordinance shall not be construed to relieve from or lessen the responsibilities of any person, firm or corporation owning , operating or installing electrical wires , appliances , apparatus , construction or equipment , for the damage to property or persons injured by any defect therein , nor shall the City of any agent thereof be deemed to assume any such liability by reason of the inspection authorized herein or by any type of certificate of inspection as may be iesued by the City Inspector . SECTION 28 . Plans and Specifications Required The Inspector may , if he deems it necessary , require or demand from the master electrician a set of plans and specifications of any job , in order that the Inspector may check same to determine if the plans and specifications comply with provisions of this electrical ordinance .