Ordinance No. 667ORDINANCE NO. 667
AN ORDINANCE FOR SAFEGUARDING PERSONS AND PROPERTY AND
PROIMdOTING THE WELFARE OF THE PUBLIC; CREATING THE OFFICE OF
ELECTRICAL INSPECTOR AND PRESCRIBING ITIS DUTIES, RIGHTS AND
AUTHORITY; ESTABLISHING STANDARDS FOR ELECTRICAL EQUIPMENT
AND FOR ITS INSTALLATION AND REQUIRING CONFORMITY THEREWITH;
MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRI-
CAL EQUIPMENT WITHOUT A PERMIT THEREFOR; EXCEPT i -IS OTHERWISE
PROVIDED; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAIN-
ING A SAVINGS CLAUSE; PkRESCRIBING A PENALTY AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
RECITAL OF FINDINGS AND DECLARATION OF POLICY:
E1) 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, mines, automotive equipment, railway or elect-
rical 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 organization 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 the foremost agency
in the United States for the development of industrial standards and
safety codes, and whose procedure for such work 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 as-
certained, 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 thee~
principal basis the safeguarding of persons and property from fire and
accident hazards arising from the use of electricity for light, heat, pour?i
radio, signaling and other purposes;
(b) One of the fundamentals on which Underwriters' Laboratories Standards
for electrical equipment is based is that the equipment, when installed in
accordance with the provisions of the National Electrical Code shall safe-
guard persons and property from electrical hazards arising from the use of
such equipment;
(c) Underwriters' Laboratories Standards for electrical equipment are for-
mulated 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 com-
posed of technically qualified persons in the insurance business and in
government who are primarily concerned with safeguarding persons and pro-
perty 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 equip-
ment to ascertain conformity with Underwriters' Laboratories Standards with
regard to manufactured electrical products which, when installed in accord-
ance with the National Electrical Code will safeguard adequately against
hazards from fire and electrical shock, and certifies such items as conform-
ing to the standards of Underwriters' Laboratories, Inc.
(f) Electrical materials and devices so certified by Underwriters' Labora-
tories, 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:
(a) The National Electrical Safety Code is a standard governing the in-
stallation, maintenance and operation of electrical supply systems and
utilization equipment, used in the generation and distribution of electri-
cal equipment in industrial, commercial and public buildings;
(b) The National Electrical Safety Code is formulated under the sponsor-
ship
ponsorship of the National Bureau of Standards of the U. S. Department of Com-
merce and is submitted to and approved by the American Standards Associa-
tion as an American Standard;
(c) The National Electrical Code has been recognized and accepted by
authorities having jurisdiction and by the electrical industry generally
since 1916, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BAYTOWN ORDAINS AS FOLLOW:i:
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 electricalJsupply or communication agencies in the genera-
tion, transmission or distribution of electricity or for the opera-
tion of signals or the transmission of intelligence, 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 ex-
clusively 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, limb or property.
Section 2: 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 installations are made in conformity
with the minimum requirements of the National Electrical Code.
Section 3: Electrical Inspector - Qualifications and A ointment: There is
hereby created the office of Electrical Inspector. The person chosen to fill the
office of Electrical Inspector shall be of good moral character, shall be possessed
of such executive ability as is requisite for the performance of his duties and shall
have a thorough knowledge of the standard materials and methods used in the installa-
tion of electrical equipment; shall be well versed in approved methods of construc-
tion for safety to persons and property, the statutes of the State of Texas relating
to electrical work and any orders, rules and regulations issued by authority thereof,
and the National Electrical Code, as amended, as approved by the American Standards
Association; shall have 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 Elec-
trical Inspector to enforce the provisions of this ordinance. He shall, upon appli-
cation, grant permits for the installation or alteration of electrical equipment,
and shall make inspections of electrical installations, all as provided in this ordin
ance. He shall keep complete records of all permits issued, inspections and rein-
spections 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 equip-
ment issued by or for Underwriters' Laboratories, Inc., which list shall be access-
ible for public reference during regular office hours. He shall hold membership in
the International Association of Electrical Inspectors and the National Fire Protec-
tion Association and, with the consent of the City Manager, shall serve on any elect-
rical committee of these associations to which he may be appointed and shall be al-
lowed all necessary expenses in connection with such activities.
The Electrical Inspector is empowered to employ, after 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 maintenance of electrical equip-
ment, either directly or indirectly and they shall have no financial interest in any
concern engaged in such business in the City of Baytown at any time while holding
such office as herein provided for.
Section 5: Authority of Electrical Inspector: The Electrical Inspector shall
have the right during reasonable hours to enter any building or premises in the dis-
charge of his official duties, or for the purpose of making any inspection, reinspec-
tion or test of the electrical equipment contain 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 Elect-
rical 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 interfere 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 6: Standards for the Installation of Electrical E ui ment: All instal
lations 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, as amended,
is hereby adopted by the City Council of the City of Baytown and the regulations
thereof shall govern the installations of electrical equipment in the City of Bay-
town where such regulations are not in conflict with this ordinance and the applic-
able statutes of Texas.
The City Clerk shall, at all times, keep twelve (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, as amended, shall be prima facie evidence
that such installations are reasonably safe to persons and property, except that in-
stallations shall conform to the following additional wiring methods:
1. All meter loops shall be single phase, 3 wire, three phase,
4 wire with copper conductors. Common neutral to be permanently
identified. High leg conductor of three phase, four wire service
shall be definitely identified by "red permanent" insulation.
2. Houston Lighting & Power Company's meter loop specifications will
be enforced by the Inspector and Houston Lighting & Power Company
will designate meter outlet location.
3. Service connections made on temporary basis may be disconnected
by Houston Lighting & Power Company upon request of Inspector
without written notice to contractor or owner.
4. All services and branch circuit overcurrent protective devices
rated at thirty amperes or less, shall be equipped with automatic
over -current protective elements which are definite and cannot
readily be changed from one rating to another.
5. Armored cable Type AC shall not be used under any conditions ex-
cept where it has a lead sheath, Type ACL, and then shall not be
used underground or imbedded in concrete.
6. Flexible metallic conduit shall not be used except for temporary
work or for connections not over five feet long where flexibility is
necessary, except that connections over five feet long may be used
by special permission of the Electrical Inspector where such longer
lengths are necessary for a particular installation.
7. Approved metallic raceways, such as rigid conduit, electrical
metallic tubing, and under floor cast -in-place raceways, shall be
required for all wires used to conduct current for lights, heat
or power, in the wiring of all buildings hereafter constructed,
as well as additions to any buildings within Fire Limit Areas Nos.
I and 2, 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 of public assembly.
8. All joints shall be twisted and soldered in any box used as a
junction box; wire pressure connectors may be used. All connec-
tions must be twisted in using said connectors.
9. All new residences with central heating units in attics shall
have a 24" walkway with a minimum 36" vertical clearance to the
controls side of the unit. There shall be a control switch at the
unit. There shall be a light near the unit with a controlling
switch within 6' of stairway.
10. Ground wire must not be attached to hot water or gas lines.
11. Air conditioners, washing machines, dryers, stoves, etc. must be
case grounded.
12. All outlet boxes within 6' of plumbing after completion of con-
struction shall be grounded. Grounded type receptacles must be
used.
13. Attic fans must be grounded when located within 5' of any plumbing.
14. All wires in partitions are to be at least 18" from any plumbing or
separated by stud or stapled 2" clearance.
15. Attic wiring will require stapled 2" clearance from any plumbing.
16. Bell type transformer primary connection must be connected in a
junction box with transformer fastened to said box and made acces-
sible to authorized persons.
17. Wires in the attic must not overlap unless absolutely unavoidable.
18. all electrical work, except the replacement of lamps, minor repair
work, and the connection of portable electrical equipment to suit-
able permanently installed receptacles require permits and must be
paid for in advance.
19. Inspections will be made only when notified by person or persons
responsible for work performed. Any work reported and unable to
inspect due to locked permises or work not ready for inspection
will carry an extra charge of $1.50.
20. Neon Companies or any Company engaged in selling and installing
electrical equipment, must abide by the City's ordinance.
21. Any residence or business whereby the wiring will not pass inspec-
tion shall be condemned if and when said wiring is to be partially
rewired or disturbed in the amount to warrant a re-wiring job.
22. tiny wiring found to be hazardous to persons or property in the
judgment of the electrical inspector will be condemned.
23. The electrical inspector may, with the approval of the City
Council, authorize installations of special wiring methods.
Section 7: Standards for Electrical E ui ment: All electrical equipment in-
stalled 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, rules 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 electrical
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, autborize the
installation of special equipment.
Section 8: Permits: No electrical equipment shall be installed within or on
any building, structure or premises, publicly or privately owned, nor shall any altera-
tion or addition be made in any such existing equipment without first securing a per-
mit therefor from the Electrical Inspector, except as provided in Section 1 and ex-
cept that no permit will be required to execute any of the classes of electrical wont
specified in the following paragraphs 1 to 4 inclusive:
1. Minor repair work, the replacement of lamps or the connection of
portable electrical equipment to suitable permanently installed
receptacles;
2. The installation, alteration or repair of electrical equipment for
the operation of signals or the transmission of intelligence;
3. The installation, alteration or repair of electrical equipment in-
stalled by or for €n electrical supply agency for the use of such
agency in the generation, transmission, distribution or metering of
electricity;
4. Any work involved in the manufacturing, testing, servicing, altering
or repairing of electrical equipment or apparatus, except that this
exemption shall not include any permanent wiring other than that re-
quired for testing purposes.
Application for such permit, describing the work to be done, shall be made in
writing to the Electrical Inspector by the person, firm or corporation installing the
work. The application shall be accompanied by such plans, specifications and schedule
as may be necessary to determine whether the installation as described will be in con-
formity with the requirements of this ordinance. If it shall be found that the in-
stallation as described will conform with all legal requirements and if the applicant
has complied with all provisions of this ordinance, a permit for such installation
shall be used.
No deviation 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 equipment, the person, f^rm or cor-
poration making application for such permit shall pay to the Electrical inspector a
fee in such amount as specified below:
1. For service and up to 10 outlets:
2. For each additional outlet:
3. Electric Water Beater and service
4. A stage border light, footlight or strip
light of a metal trough, raceway, or con-
duit with sockets or receptacles attached
or used for similar purposes, shall be
considered a lighting fixture. Each such
socket or receptacle:
S. Neon light ballast:
All over one (1): EA }]
6. Bell, buzzer, or light signal statiens:
7. Wall mounted oven:
$ 1.50
.10
1.00
.10
1.50
1.00
.25
1.00
8. Counter Top Stove: $ 1.00
9. Range: 1.00
10. Service for motors up to and including 5 HP: 1.00
11. Service for motors in excess of 5 HP and up to
and including 30 BP: 2.00
12. Service for motors, all over 30 HP: 3.00
13. Each outlet for welding machine: 2.50
14. Rectifiers, heating appliances and trans-
formers, per kilowatt: .50
15. All over 5 Kilowatts, per kiolwatt: .10
lb: Transmitting or broadcasting stations (In-
cluding also the receiving equipment in such
stations). The fees for such installations
shall be determined on the basis of the elect-
rical equipment installed but in no case shall
such fee be less than: 5.00
11., Gasoline Pumps: 1.00
18. For the inspection of any electrical equip-
ment, appliance or apparatus for which no fee
in herein prescribed, there shall be charged
an hourly inspection fee of: 3.00
19. The minimum fee for any electrical inspection
shall be: 1.50
Section 10: InsRection and Certificates: Upon the completion of any installa-
tion 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 notices of such authorization to the agency
supplying the electric service.
When any electrical equipment is to be hidden from view by the permanent place -
meet of parts of the building, the person, firm or corporatien installing the equip-
ment shall notify the Electrical Inspector and such equipment 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 in-
stalling the electrical equipment shall give the Electrical Inspector due notice
and inspections 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 Electri-
cal Inspector, until such connection has been authorized by the Electrical Inspector.
Section 12: Board of Review: 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 repre-
sentative of the Houston Lighting and Power Company, a consulting or practicing elect-
rical 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 corpiration engaged in the
practice of architecture. Each member of the Board shall serve without pay G until -he
has been removed from office by the City Manager and his successor has been appointed.
Any person, 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 Elect-
rical 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 quorum for the transaction of business but any action taken
at any meeting shall require the affirmative vote of at least three members. The
chairman of any meeting of the Board shall vote.
Section 13: Liability for Damages: This ordinance shall not be construed to
effect the responsibility or liability of any party owning, operating, controlling or
installing 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: Repealing Clause: All ordinances or parts of ordinances inconsis-
tent 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 re-
spects 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 effect the validity of the remaining provi-
sions 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 thara Two Hundred ($200.00) Dollars. Each day's
violation shall 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 hereof 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 this, the 10th day of January, 1963.
Al Clayton, ayor
ATTEST:
(au�
Edna Oliver, City Clerk