Ordinance No. 192i
• ORDINANCE'NO. 1-92
AN ORDINANCE FOR SAFEGUARDING PERSONS AND PROPERTY AND PROMOTING '
THE WELFARE OF THE PUBLIC; CREATING. THE OFFICE OF ELECTRICAL
INSPECTOR AND PRESCRIBING HIS DUTIES, RIGHTS AND AUTHORITY;
ESTABLISHING STANDARDS FOR ELECTRICAL EQUIPMENT AND FOR ITS
INSTALLATION AND REQUIRING CONFORMITY THERDTITH; MAKING IT
UNLAViFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT
WITHOUT A PERMIT THEREFOR, EXCLTT AS OTHERWISE PROVIDED;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTA RTING A SAVINGS
CLAUSE; PRESCRIBING A PENALTY AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
RECITAL OF FINDINGS AND DECLARATION OF POLIC Ys
1. Upon the basis of facts disclosed by investigation and the aid of electrical experts,
it is hereby declared that to safeguard persons and property and to promote the public
• welfare it is necessary that standards be established for electrical equipment and for
its installation.
2. Upon the basis of facts disclosed by investigation and the aid of electrical experts,
it is hereby found that:
a. the National Electrical Code is a standard with reference to the installation
and use of electrical equipment in public and private premises other than ships, m }nes,
automotive equipment, railway or electrical supply or communication utilities, which is
designed to provide for the practical safeguarding of persons and of property from
electrical hazards arising from the use of electricity for light, heat, power, radio,
signaling and other purposes;
b. the National Electrical Code is formulated under the sponsorship of the National
• Fire Protection Association,, a non - profit, technical and educational membership organ-
ization dedicated to reduction of loss of life and property by fire. It is adopted as
a standard by the National Board of Fire Underwriters. It is also submitted to and
approved as an American Standard by the American Standards Association, an organization
that is nationally and internationally recognized as tha foremost agency in the United
States for the development of industrial standards and safety codes, and whose procedure
for such Rork requires that all parties in interest shall have an opportunity to have
their views considered in the formulation of a standard or safety code;
c. the National Electrical Code represents the consensus of expert opinion as to
practical methods of installation to provide safeguarding of persons and property in
• the use`of electrical equipment. The National Electrical Code is periodically reviewed
in order that it may reflect technological advances and current good practice;
d. the National Electrical Code has,been recognized and accepted by authorities
having jurisdiction and by the electrical industry generally since the publication of
the first code in 1897.
3. Upon the basis of facts disclosed by investigation and otherwise ascertained, it is
further found that:
a. Underwriters' Laboratories Standards for electrical equipment are the only
electrical products standards in the United States which have as their principal basis
the safeguarding of persons and property from fire and ac -.Aant hazards arising from the
use of electricity for light, heat, power, radio, sigrialAn`; and other purposes;
b. one of the fundamentals Dn which Underwriters, Lal,�oratoL i as Standards for electrical
equipment is based is that the equipment, when installed in accordance with the provisions
• of the National Electrical Code shall safeguard persons «nd property from electrical
hazards arising from the use of such equipment;
c. Underwriters' Laboratories Standards for electrical equipment are formulated by-
Underwriters' Laboratories, Inc., a non -- profit organization, in conference with producers
of electrical equipment, and such standards are approved by the Underwriters' Laboratories
Electrical Council which is composed of technically qualified persons in the insurance
business and in government who are primarily concerned with safeguarding persons and
property from-the hazards of fire and accident;
d, Underwriters' Laboratories Standards are published and are available without charge;
e. Underwriters' Laboratories, Inc. inspects and tests electrical equipment to
• ascertain conformity with Underwriters' Laboratories Standards with regard to manufactured
electrical products which, when installed in accordance with the National Electrical
Code will safeguard adequately against hazards from fire and electrical shock, and
certifies such items as conforming to the standards of Underwriters' Laboratories, Inc.
f. electrical materials and devices so certified by Underwriters' Laboratories, Inc.
are accepted generally by electrical inspection authorities as approved materials and
devices in accordance with requirements for such materials and devices contained in the
National Electrical Code.
4, Upon the basis of facts disclosed by investigation and otherwise ascertained, it is
hereby further found that:
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a. the Nationa.l.Electrical Safety Code is a standard governing the installation,
maintenance and operation of electrical supply systems and utilization equipment, used
in the generation and distribution of electrical energy by electricity supply agencies
and the utilization of electrical equipment in industrical; commercial and public buildings;
b. the National Electrical Safety Code is formulated under the sponsorship of the
National Bureau of Standards of the U. S. Department of Commerce and is submitted to
and approved by the American Standards Association as are American Standard;
c. the National Electrical Code has been recognized a-lid accepted by authorities
having jurisdiction and by the electrical industry generally since 1916.
THE CITY COUNCIL OF THE CITY OF BAYTOM ORDAINS AS FOLLOVS:
SECTION 1: APPLICATION OF PROVISIONS OF THIS ORDINANCE. The provisions of this
ordinance shall apply to all installations of electrical conductors, fittings, devices,
and fixtures, hereinafter referred to as "electrical equipment", within or on public and
private buildings and premises, with exceptions as provided in Sections 6 and 7 and with
the following general exceptions;
1. The provisions of this ordinance shall not apply to installations in mines, ships,
or railway cars or to automotive equipment;
2. The provisions of this ordinance shall not apply to installations used by electricity
supply or communication agencies in the generation, transmission or distribution of
electricity or for the operation of signals or the transmission of intelligenae, and
located within or on buildings or premises used exclusively by such an agency or on
• public thoroughfares.
3. The provisions of this ordinance shall not apply to the installations or equipment
employed by a railway utility in the exercise of its functions as a utility, and located
outdoors or in buildings used exclusively for that purpose;
4. The provisions of this ordinance shall apply to electrical equipment used for
power supply to radio transmitting equipment, but shall not apply to other electrical
equipment used for radio transmission.
5. -As used in this ordinance, "reasonably safe to persons and property" as applied
to electrical installations and electrical equipment means safe to use in the service
for which the installation or equipment is intended without unnecessary hazard to life,
is limb or property.
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• SECTION 2s MANUFACTURING INDUSTRIES. It is hereby expressly provided that the
provisions of this ordinance shall not apply to electrical installations made by any
manufacturing industries which shall make such installations by and under the supervision
of electrical engineers when such ins talla, ons are made in conformity with.the
minimum requirements or-th6- National-Electirlcal'Code.
SECTION 3s ELECTRICAL INSPECTOR - QUALIFICATIONS AND APPOINTMENT. There is hereby
created the office of Electrical Inspector. The person chosen to fill the off ice of
Electrical Inspector shall be of good moral character, shall be possessed of such
executive ability as is requisite for the perfoririance of his duties and shall have a
thorough knowledge of the standard materials and methods used in the installation of
electrical equipment; shall be well versed in approved methods of construction for safety
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to pe -••, ro er the statutes of the State of Texas relating to electrical work
..n,c.n� and p p ty,
and a.�.y orders, rules and regulations issued by authority thereof, and the National
Electrical Code of 1951, as approved by the American Standards Association; shall have
had at least five years, experience as an electrical inspector or in the installation
of electrical equipment, or in lieu of such experience shall be a graduate in electrical
or mechanical engineering of a college or university considered by the City Manager as
having suitable requirements for graduation and shall have had two years' practical
electrical experience.
SECTION 4: DUTIES OF ELECTRICAL INSPECTOR. It shall be the duty of the Electrical
Inspector to enforce the provisions of this ordinance. He shall upon application grant
permits for the installation or alteration of electrical equipment, and shall make
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�inspectlons of electrical installations, all as provided in this ordinance. He shall
keep complete records of all permits issued, inspections and reinspections made and
other official work performed in accordance with the provisions of this ordinance. He
shall -also keep on file a list of inspected electrical equipment issued by or for
Underwriters' Laboratories, Inc., which list shall be accessible for public reference
during regular office hours. He shall hold membership in the International Association
of Electrical Inspectors and the National Fire Protection Association and, with the
consent of the City Manager, shall serve on any electrical committee of these associations
to which he may be appointed and shall be all all necessary expenses in connection
I Is with such activities.
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® The Electrical Inspector is empowered to employ, aftar receiving the approval of the
City Manager, any assistant inspectors and clerical assistants necessary for the proper
conduct of his office and the inspection of electrical installations as provided for
in this ordinance.
It shall be unlawful for the Electrical Inspector or any of his assistants to engage
in the business of the sale, installation or maintenence of electrical equipment, either
directly or indirectly, and they shall have no financzai'interest in any concern engaged
in such business in the City of Baytown at any time wi -i e holding such office as herein
provided for.
SECTION 5e AUTHORITY OF ELECTRICAL INSPECTOR. The Electrical Inspector shall have
® the right during reasonable hours to enter any building or premises in the discharge of
his official duties, or for the purpose of making any inspection, reinspection or test
of the electrical equipment contained therein or its installation. When any electrical
equipment is found by the Electrical Inspector to be dangerous to persons or property
because it is defective or defectively installed, the person, firm or corporation
responsible for the electrical equipment shall be notified in writing and shall make
any changes or repairs required in the judgment of the Electrical Inspector to place
such equipment in safe condition and if such work is not completed within fifteen (15)
days or any longer period that may be specified by the Electrical Inspector in said
notice, the Electrical Inspector shall have the authority to disconnect or order the
discontinuance of electric service to said electrical equipment. In cases of emergency,
® where necessary for safety to persons or property, or where electrical equipment may
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iriterfere-with the work of the-fire department, the Electrical Inspector shall have the
authority to disconnect or cause the disconnection immediately of any electrical equipment.
The Electrical Inspector may delegate any of his powers or duties to any of his
assistants.
SECTION 6s STANDARDS FOR THE INSTA.LLA.TION OF ELECTRICAL EQUIPMENT. All installations
of electrical equipment shall be reasonably safe to persons and property and in conformity
with the provisions of this ordinance and the applicable statutes of the State of Texas;
provided further that the National Electrical Code of 1951 is hereby adopted-by the Cl-ty
Council of the City of Baytown and the regulations thereof shall govern the installations
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Baytown such regulations are not in conflict
of electrical equipment in the City of Bayto
with this ordinance and the applicable statutes of Texas.
The City Clerk shall., at all times, keep tvrelve (12) copies of said Code in her office
for the benefit of interested persons.
Conformity of installations of electrical equipment with applicable regulations set
forth in the National Electrical Code of 1951 shall be prima -facie evidence that such-
in - stallations are reasonably safe to persons and property., except that installations shall
conform to�..- the',following-- additional wiring methods'
1. All services and branch circuit overcurrent protective' devices rated at thirty
amperes or less., shall be equipped with automatic overcurrent protective elements
which are definite and cannot readily.be changed from one rating to another.
® 2. Armored cable "Type AC snail not be used under any conditions except where it has
a lead sheath, Type ,ACL, and then shall not be used underground or imbedded in
concrete.
3. Flexible metallic conduit shall not be used except for temporary work or for
- -" °conn"td-ons--not --over -five feet long where flexibility is necessary, except that
coA,,nections over five feet long may be used by special permission of the Electrical
inspector where such longer lengths are necessary for a particular insta-llation-.
1�. Approved metallic raceways, such as rigid conduit, electrical metallic tubing,
and under floor cast -in -place raceways, shall be required for all wires nsedto
conduct current for lights., heats or power, in the wiring of all buildings hereafter
constf-ucted, as well as additions to any buildings within Fire Limit Areas Nos. 1
and '2s as they are now or may hereafter be established,'-and in apartment houses
of more than four apartments' churches' schools., hotels, theatres, and other
places ° ° -cf- pub-1•ic .assembly: _._. .
5. The Electrical Inspector may, with the approval of the City Council, authorize
installations -of--special- wiri3rg.-methods.
SECTION 7: STANDARDS FOR ELECTRICAL EQUIPMENT. All electrical equipment installed
®or used shall be reasonably safe to persons and property and in conformity with the
provisions of this ordinance, the applicable statutes of the State of Texas, and any
orders., iules or regulations issued by authority thereof.
Conformity of electrical equipment with applicable standards of Underwriters' laboratories
Inc. shall'be prima -facie evidence that such equipment is reasonably safe to persons
and property.
This section shall not apply to equipment owned and used by an electricity supply or
communication agency in the generation, transmission or distribution of electricity or
for the operation of signals or the transmission of intelligence.
The Electrical Inspector may, with approval of the City Council, authorize the
installation of special equiT)neztt,
Ew fOli rig ?box:. No el ec_trical equipment shall be installed within c?: on any
building, at.nic tu 4 o or premises, publicly .o)r private!,y owned, nor _shall -any alteration
or ad diti +,n be mac'f:• in any such existing equ ���'nt withou� first securing a permit therefor
fr= the electrical inspector., c..xcept as provided. in Section 1 and except that no permit
wwil be required io execute any ox the classes of elt:otri.cal pork specified in the
follrAvtino aphs ! -to u i7ln.111:ive
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Minor repair Mork, the re :lace,nent of lamps o.r .c connection of portahle electrical
equignerit t,o ruita:ole ner:nanently installed receptaclo-
'',-' alteration or -repair of o1sctrica'i equipment for the operation
2 . `�'��� :gin.: tt:. �..��: Lion ,
-of -signals or the t.ransmissian of iatelligence;
?�. The installation, alteration or repair of electrical equipment installed by or
for •s: r,:''..ectri.city supply agency for the use of such agency in the generation, transmission,
distrution or mterino of electricitf; i
work involved in the manufacturing, 'testing, servicing, altering or repairing
of ele^',r._cal equipment or apparatus, except that this exemption shall not include any
permanent wiring other than that required for testing purposes.
Application for such permit, describing the work to be done, shall be made in writing
to t'ne. E'.ec tric:al Inspector by the person, firm or corporation installing the work. The
application shall be accompanied by such plans, specifications and schedules as may be
necessary to determine whether the installation as described will be in conformity with
the requirements of this ordinance. If it shall be found that the installation as described
will conform with all legal requirements and if the applicant has complied with all
provisions- of` °t,his---ordinance, a permit for such installation shall be used.
'No --deviaati-on- may "be made from the installation described in the permit without the
written approval of the Electrical Inspector.
SECTION 9: FEES FOR PERMITS AND INSPECTION. Before any permit is granted for the
installation or alteration of electrical equipments the person, firm or corporation
making application for such permit shall pay to the - :Electrical Inspector a fee in such
amount as specified below.
For service and up to 10 outlets S 1.50
For each additional outlet .10
Electric water treater and service 1.00
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A stage border light, footlight or strip light of a metal
trough, raceway, or conduit with sockets or receptacles
attached or used for similar purposes, shall be considered
a lighting fixture'. Each -such--socke't 'or -receptacle .10
Service for motors up to and including 5 HP 1.00
Service for motors in excess of 5 HP and up to and
including 30 HP 2.00
Service for motors, all over 30 HP 3.00
Each outlet for'welding'machine 2..50
Rectifiers, heating appliances and transformers, per .50
kilowatt 4
-All over 5 kilowatts, per kilowatt .10
-Transmitting or broadcasting stations'(including also the
• receiving equipment in-such stations), The fees for such
ins ta'llaticns'shall be 'determined on the basis -of the
I lectrical equipment installed but in no case shall such
fee-, e--less than 5:00
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Gasoline pumps 1 :00
F6ri"the Inspection of any electrical -equipment - appliance or
apparatus for which- no'fee is herein- prescribed, there shall
be . charged 'an -- hourly• inspection °fee of 3i-00
'The "'minim= --fee--for -any electrical inspection shall be 1.50
SECTION 10: INSPECTION AND CERTIFICATES. Upon the completion of any installation
of electrical equipment which has been made under a permit, it shall be the duty of
the person, firm or corporation making the installation to notify the Electrical
Inspector;,who shall inspect the installation within twenty -four (24) hours, exclusive
'of °:Saturdays; ,•Sundays"-,and' holidays, -of the time such notice is given or as soon there-
"after-as- practicable.
When the Electrical Inspector finds the installation to be in conformity with the
provisions of this ordinance, he shall issue to the person, firm or corporation making
the installation a certificate of approval, with duplicate copy for delivery to the
owner, authorizing the use of the installation and connection to the supply of
electricity and shall send written notice of such authorization to the agency supplying
the electric service.
V�hen' a -certificate of anpxv-val is issued authorizing the connection and use of a
temporary installation, sue., -, certificate shall be issued to expire at a time to be stated
therein and shall be revocable by the Electrical Inspector for cause.
® When any electrical equipment is to be hidden from view by the permanent placement
of parts of the building, the person, firm or corporation installing the equipment shall
notify the Electrical Inspector and such equipmt nt shall not be concealed until it has
been inspected and approved -by the Electrical Inspector or until twenty -four (24) hours,
exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such
notification; provided that on large installations, where the concealment of equipment
proceeds continuously, the person, firm or corporation installing the electrical equipment
shall give the Electrical Inspector due - notice and insn:G -ions shall be made periodically
during the progress of the work.
SECTION 11. CONNECTION TO INSTALLATIONS. It shall be unlawful for any person, firm
or corporation to make connection from a supply of electricity or-to supply electricity
to any electrical equipment for the installation of which a permit is required or which
has been disconnected or ordered to be disconnected by the Electrical Inspector, until
such connection has been authorized by the Electrical Inspector.
SECTION 12: BOARD OF REVIB -1. There is hereby created a Board of Review which shall
consist of the City Attorney or one of his assistants and four other members appointed
by the City Manager and approved by the.City Council as follows: A representative of
the Houston_ Lighting and Power Company, a consulting or practicing electrical engineer
who is a Registered Professional Engineer in the State of Texas, a representative of a
person, firm or corporation engaged in the business of electrical contracting and a
representative of a person, firm or corporation engaged in the practice of architectures
• Each member of the Board shall serve without pay and until he has been removed frog
`officeby"'the City. Manager and his successor has been appointed.
Any parson, firm or corporation may register an appeal with the Board of Review for
a review of any decision of the Electrical Inspector, provided that such appeal is made
in writing within five (5) days after such person, firm or corporation shall have been
notified of such decision by the Electrical Inspector. Upon receipt of such appeal .
the said Board shall proceed to determine whether the action of the Electrical Inspector
complies with this ordinance and within five (5) days shall make a decision in accordance
with its findings. Three, members of the Board present at any meeting shall constitute
a quonm for the transac tyc, of business but any action taken at any meeting shall
require the affirmative vote of at least three members. The chairman of any meeting
o the Bcard shall votA ,
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SECTION 13: LIABILITY FOR DAMAGES. This ordinance shall not be construed to affect
the resnonsibiliiy or liability of any party owning, operating, -controlling or installing t.
any electrical equipment for damages to persons or property caused by any defect therein,
nor shall the City of Baytown be held as assuming any such liability by reason of the
inspection or reinspection authorized herein or the certificate of approval issued as
herein provided or by reason of the approval or disapproval of any equipment authorized
herein.
SECTION 14; REPE&LING CLAUSE.
All ordinances or party of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided, however, that such repeal
shall be only to the extent of such inconsistency, and in all other respects this ordinance
shall be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
SECTION 15: SAVINGS CLAUSE. If any provision, exception, section, subsection,
paragraph, sentence, clause or phrase of this ordinance or the application of same to
any person or set of circumstances shall for any reason be held unconstitutional, void
or invalid, such invalidity shall not affect the validity of the remaining provisions
of this ordinance or their application to other persons or sets of circumstances and,
to this end, all provisions of this ordinance are declared to be severable.
SECTION 16: PENALTY. Any person who shall violate any provision or provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than Two Hundred ($200) Dollars. Each day's violation
®--s-hall-constitute a separate offense.
SECTION 17: EFFECTIVE DATE. This ordinance shall take effect from and after ten
(10) days from its passage by the City Council. The City Clerk is hereby directed to
give notice hereby causing the caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10) days after the passage
of this ordinance.
'INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council
of the City of Baytown or_ this 23rd day of July, 1953.
. Pruet , Mayor
ATTEST:
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