Ordinance No. 10,126Published in the Baytown Sun on
Tuesday, August 16, 2005 and
ORDINANCE NO. 10,126 Thursday, August 18, 2005
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, .AMENDING
CHAPTER 18 `BUILDING AND BUILDING REGULATIONS," ARTICLE III
"ELECTRICAL CODE," DIVISION 1 "GENERALLY," SECTION 18-156
"DEFINITIONS"; DIVISION 3 "ELECTRICAL INSPECTOR," SECTION 18-
216 "DUTIES," SUBSECTION (B), AND SECTION 18-219 "APPEAL FROM
ORDERS OF INSPECTOR"; DIVISION 4 "PERMITS AND INSPECTIONS,"
SECTION 18-252 "WORK REQUIRING A PERMIT," SECTION 18-254
"APPLICATION," SUBSECTIONS (A) AND (C), SECTION 18-255 "FEES,"
SUBSECTION (A), SECTION 18-257 "ISSUANCE," SECTION 18-261
"CONCEALED WIRING," SECTION 18-263 "INSURANCE REQUIRED OF
MASTER ELECTRICIANS FOR PERMIT ISSUANCE," SUBSECTION (A),
AND SECTION 18-266 "INSPECTION OF SIGNS"; DIVISION 5
"LICENSES," SUBDIVISION 1 "IN GENERAL," SECTION 18-296
"REQUIRED" AND SECTION 18-301 "ELECTRICAL WORK BY
HOMEOWNER," SUBSECTION (A); SUBDIVISION IV "MAINTENANCE
ELECTRICIAN," SECTION 18-356 "SCOPE OF LICENSE"; DIVISION 6
"STANDARDS," SECTION 18-431 "COMPLIANCE WITH ARTICLE,
ELECTRICAL CODE AND UTILITY COMPANY SPECIFICATIONS,"
SUBSECTION (A) AND SECTION 18-432 "TECHNICAL
SPECIFICATIONS," SUBSECTION (A) OF THE CODE OF ORDINANCES
BAYTOWN, TEXAS; REPEALING CHAPTER 18 "BUILDING AND
BUILDING REGULATIONS," ARTICLE III "ELECTRICAL CODE,"
DIVISION 11 "ELECTRICAL BOARD," SECTION 18-186 "CREATED;
COMPOSITION," SECTION 18-187 "TERMS; COMPENSATION;
REMOVAL," SECTION 18-188 "SECRETARY; RECORDS," AND SECTION
18-189 "CERTIFICATION AND QUALIFICATION OF APPLICANTS FOR
LICENSES"; DIVISION 3 "ELECTRICAL INSPECTOR," SECTION 18-220
"EMERGENCY POWERS"; DIVISION 4 "PERMITS AND INSPECTIONS,"
SECTION 18-253 "PERMIT EXCEPTIONS," SUBSECTION (I), SECTION 18-
264 "INSURANCE REQUIRED OF MASTER SIGN ELECTRICIANS FOR
PERMIT ISSUANCE," SECTION 18-265 "INSPECTION HOURS," AND
SECTION 18-267 "NOTICE OF DEFECTIVE CONDUCTOR OR
APPLIANCE"; DIVISION 5 "LICENSES," SUBDIVISION 1 "IN GENERAL,"
SECTION 18-297 "RENEWALS AND DUPLICATES," SECTION 18-298
"MARKING OF VEHICLES," SECTION 18-299 "TRANSFERABILITY," AND
SECTION 18-300 "SUSPENSION OR REVOCATION"; SUBDIVISION II
"MASTER ELECTRICIAN," SUBDIVISION III "MASTER SIGN
ELECTRICIAN," SUBDIVISION V "JOURNEYMAN ELECTRICIAN," AND
SUBDIVISION VI "APPRENTICE ELECTRICIAN" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE
THEREOF.
• BE IT ORDAINED BY THE CITY COUNCIL OF THE. CITY OF BAYTOWN,
TEXAS:
•
Section 1: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 1 "Generally" Section 18-156 "Definitions" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 1. GENERALLY
See. 18-156. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Electrical maintenance work means the keeping in safe repair of any and all electrical
installations, apparatus and equipment and the moving or relocating of electrical equipment
within a building or on the premises where the maintenance electrician, as defined in section 18-
356, is regularly employed on a full-time basis, for which work a permit may or may not be
required under this article, but does not include the installation of new or additional wiring,
equipment or apparatus or the modification thereof.
Electrical License means a license issued in accordance with the Texas Electrical Safety
and Licensing Act, V.T.C.A., Occupations Code, ch. 1305, administered by the state department
of licensing and regulation.
Section 2: That Chapter 18 `Building .and Building Regulations" Article III
"Electrical Code," Division 2 "Electrical Board," Section 18-186 "Created; composition,"
Section 18-187 "Terms; compensation; removal," Section 18-188 "Secretary; records," and
Section 18-189 "Certification and qualification of applicants for licenses" of the Code of
Ordinances, Baytown, Texas, are hereby repealed.
Section 3: That Chapter 18 `Building and Building Regulations" Article III
"Electrical Code," Division 2 "Electrical Board" of the Code of Ordinances, Baytown, Texas, is
hereby amended by adding a new section to be numbered and entitled Section 18-186 "Merger
with construction board of adjustments and appeals," which said section reads as follows:
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• CHAPTER 18. BUILDING AND BUILDING REGULATIONS
•
ARTICLE III. ELECTRICAL CODE
DIVISION 2. ELECTRICAL BOARD*
Sec. 18-186. Merger with construction board of adjustments and appeals.
The electrical board is merged with and referred to as the construction board of
adjustments and appeals under division 2 of article II of this chapter.
Section 4: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 3 "Electrical Inspector" Section 18-216 "Duties," Subsection (b) of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE IIL ELECTRICAL CODE
DIVISION 3. ELECTRICAL INSPECTOR
Sec. 18-216. Duties.
(b) The electrical inspector shall exercise a general supervision over all electrical
construction and over all electrical contractors and electricians licensed to carry on their
business or trade under this article.
Section 5: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 3 "Electrical Inspector" Section 18-219 "Appeal from orders of
inspector" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 3. ELECTRICAL INSPECTOR
Sec. 18-219. Appeal from orders of inspector.
Appeal from orders of the inspector may be filed in accordance with the provisions of the
construction board of adjustments and appeals under division 2 of article II of this chapter.
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Section 6: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 3 "Electrical Inspector," Section 18-220 "Emergency powers" of the
Code of Ordinances, Baytown, Texas, is hereby repealed.
Section 7: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-252 "Work requiring
permit" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18-252. Work requiring permit.
All electrical work, except for the replacement of lamps, minor repair work and the
connection of portable electrical equipment to suitable permanently installed receptacles,
requires a permit. Electrical service equipment for manufactured homes, mobile homes and
recreational vehicles shall require a permit from the city pursuant to this division and inspection
prior to electrical service being made available from the utility provider when the service is
disconnected or a change in service occurs. The permit must be paid for prior to the
commencement of the work.
Section 8: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-253 "Permit exceptions"
subsection (i) of the Code of Ordinances, Baytown, Texas, is hereby repealed.
Section 9: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-254 "Application,"
subsections (a) and (c) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to
read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18-254. Application.
(a) The application for an electrical permit shall describe the work to be done and shall be
made in writing by a person holding the proper electrician's license or the homeowner.
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• (c) The application shall be accompanied by such plans, specifications and schedules as may
be necessary to determine whether or not the installation, as described, will be in
conformity with the requirements of this article. No such plans, specifications and
schedules will be examined under this article unless the plans, specifications and
schedules are submitted by the holder of the proper electrician's license or by a
homeowner.
Section 10: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-255 "Fees," subsection (a) of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18-255. Fees.
(a) All electrical permit fees must be paid before any project is started. The schedule of fees
is as follows:
Residential permit fees:
(This includes but may not be limited to single family attached, single family detached, duplexes, townhouse and
manufactured housin , also remodeling and additions. Based on enclosed finished area.
Finished Square Feet
Fee
Less than 1,000 square feet
$50.00
1,000 square feet to 2,000 square
$75.00
feet
Over $500,000.00
Per 100 square feet in excess of
$75.00 for the first 2,000 square feet + $3.00 per 100 square feet or
2,000 square feet
fraction thereof in excess of 2,000 square feet
All other permit fees:
(Fees shall be computed on the "total valuation of work," the dollar value of labor and materials (total cost to the
customer),
Vahiation of Work
Fee
Not more than $2,000.00
$45.00
Over $2,000.00 to $50,000.00
$45.00 for the first $2,000.00 plus $3.50 for each additional
$1,000.00, or fraction thereof
Over $50,000.00 to $500,000.00
$213.00 for the first $50,000.00 plus $3.00 for each additional
$1,000.00, or fraction thereof
Over $500,000.00
$1563.00 for the first $500,000.00 plus $3.00 for each additional
$1,000.00, or fraction thereof
Inspection and Plan Review Fees:
Inspections outside of normal
$35.00 per hour (minimum charge - two hours) or total hourly cost to
business hours
the ci , whichever is greater.
Reinspection fees
$35.00 per hour (minimum charge - one hour) or total hourly cost to
the city, whichever is greater.
Inspections for which no fee is
$35.00 per hour (minimum charge - one hour) or total hourly cost to
specifically indicated
the city, whichever is greater.
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•
Inspection and Plan Review Fees:
Plan review fee
50% of permit fee
Additional plan review required
$35.00 per hour (minimum charge -- one hour) or total hourly cost to
by changes, additions or
the city, whichever is greater.
revisions to plans
For use of outside consultants for
Actual costs, including but not limited to administrative and overhead
plan checking and inspections, or
costs.
both
Section 11: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-257 "Issuance" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18-257. Issuance.
Electrical permits shall be issued only to the holder of the proper electrical license or the
person performing work on his own homestead. Any master electrician requesting the issuance
of permits for the benefit of an electrical contracting company shall verify that he is the owner of
the company or firm or that he is employed by such company or firm.. Such proof of
employment shall be by cancelled payroll check or by the master electrician filing a notarized
letter with the city stating that he is employed as the responsible master electrician for the
company or firm..
Section 12: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-261 "Concealed wiring" of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18-261. Concealed wiring.
When any electrical equipment is to be hidden from view by the permanent placement of parts of
the building, the person installing the equipment shall notify the electrical inspector, and such
equipment shall not be concealed until it has been inspected and approved by the electrical
® inspector.
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• Section 13: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-263 "Insurance required of
master electricians for permit issuance," Subsection (a) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
1]
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18-263. Insurance required of electrical contractors and electrical sign contractors
for permit issuance.
(a) No electrical permit shall be issued or retained under any electrical contractor or electrical
sign contractor license until he files with the electrical inspector a certificate of insurance
evidencing at least the following coverages and maintains such coverages throughout the
term of his license:
Commercial general liability insurance coverages with the following minimum limits:
(1) $300,000 per occurrence (combined for property damage and bodily injury);
(2) $600,000 aggregate (total amount the policy will pay for property damage and
bodily injury coverage); and
(3) $300,000 aggregate for products and completed operations.
Section 14: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-264 "Insurance required of
master sign electricians for permit issuance" and Section 18-265 "Inspection hours" of the Code
of Ordinances, Baytown, Texas, are hereby repealed.
Section 15: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-266 "Inspection of signs" of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE 1QI. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
7
See. 18-266. Inspection of signs.
All electrical work performed on signs and all materials, apparatus, devices, appliances,
fixtures or equipment used shall conform to the full requirements of this article. All electric signs
shall be listed and labeled in accordance with the adopted electrical code.
Section 16: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 4 "Permits and Inspections" Section 18-267 "Notice of defective
conductor or appliance" of the Code of Ordinances, Baytown, Texas, is hereby repealed.
Section 17: That Chapter 18 `Building and Building Regulations" Article III
"Electrical Code," Division 5 "Licenses," Subdivision 1 "In General," Section 18-296
"Required" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 5. LICENSES
Subdivision I. In General
Sec. 18-296. Required.
No electrical work shall be performed by any person who is not the holder of the electrical
license required by Texas Electrical Safety and Licensing Act, V.T.C.A., Occupations Code, ch.
1305, administered by the state department of licensing and regulation.
Section 18: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 5 "Licenses," Subdivision 1 "In General," Section 18-297 "Renewals
and duplicates," Section 18-298 "Marking of vehicles," Section 18-299 "Transferability," and
Section 18-300 "Suspension or revocation" of the Code of Ordinances Baytown, Texas, are
hereby repealed.
Section 19: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 5 "Licenses," Subdivision 1 "In General," Section 18-301
"Electrical work by homeowner," Subsection (a) of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
is
® CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
U
DIVISION 5. LICENSES.
Subdivision I. In General
Sec. 18-301. Electrical work by homeowner.
(a) Nothing in this division shall prohibit any bona fide homeowner from personally
installing electrical conductors or equipment within his own homestead, provided the
owner shall:
(1) file with the electrical inspector approved plans and specifications that satisfy the
city electrical inspector as to his ability to install electrical wiring;
(2) apply for and secure a permit;
(3) pay the required fees;
(4) do the work in accordance with this article; and
(5) apply for an inspection and receive a certificate of approval.
Section 20: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 5 "Licenses," Subdivision II "Master Electrician" and Subdivision
III "Master Sign Electrician" of the Code of Ordinances Baytown, Texas, are hereby repealed in
their entireties.
Section 21: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 5 "Licenses," Subdivision IV "Maintenance Electrician," Section
18-356 "Scope of license" of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 5. LICENSES
Subdivision IV. Maintenance Electrician
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® Sec. 18-356. Scope of license.
This subdivision shall apply to every electrician regularly employed on a full-time basis
by any person and who performs work only in the confines of the building or on the premises
where he is regularly employed on a full-time basis and who does electrical maintenance work as
defined in section 18-156. A person qualifying under this subdivision shall be known as a
maintenance electrician.
Section 22: That Chapter 18 `Building and Building Regulations" Article III
"Electrical Code," Division 5 "Licenses," Subdivision IV "Maintenance Electrician," Section
18-358 "Fee," Section 18-359 "Change of employment" are hereby repealed.
Section 23: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 5 "Licenses," Subdivision V "Journeyman Electrician" and
Subdivision VI "Apprentice Electrician" of the Code of Ordinances Baytown, Texas, are hereby
repealed in their entireties.
Section 24: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 6 "Standards," Section 18-431 "Compliance with article, electrical
code and utility company specifications," Subsection (a) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18, BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 6. STANDARDS
Sec. 18-431. Compliance with article, electrical code and utility company specifications.
(a) All electrical construction and all materials and appliances used in connection with the
installation, maintenance and operation of electrical wiring, apparatus or equipment for
the utilization of electrical energy for light, heat or power inside the city limits shall
conform to such special rules and regulations as may be embodied in this article, to the
published rules and regulations of the National Electrical Code, 2005 edition, published
by the National Fire Protection Association, and to the electric public utility company's
meter loop specifications. Evidence that electric equipment is suitably safe to persons and
property is solely based upon Underwriters' Laboratories, Inc., or other nationally
recognized testing institute's approval.
Section 25: That Chapter 18 "Building and Building Regulations" Article III
"Electrical Code," Division 6 "Standards," Section 18-432 "Technical specifications,"
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® Subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 6. STANDARDS
Sec. 18-432. Technical specifications.
(a) Service connections made on a temporary basis may be disconnected by the transmission
and distribution provider and/or the applicable retail electric provider upon request of the
inspector without written notice to the contractor or owner.
(b) Power run to manufactured homes must be installed underground in accordance with the
electrical code adopted in section 18-431.
Section 26: All ordinances or parts 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 27: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 28: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.,
Section 29: 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 by 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 passage of this ordinance.
•
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 11 th day of August, 2005.
ATTEST:
AR-TW. SNIITI=I; City Clerk
APPROVED AS TO FORM:
CALVIN MUNDINGER, Mayor
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