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HomeMy WebLinkAboutOrdinance No. 405 CITY OF THE COLONY ORDINANCE NO. ~z~.~' AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO BUILDINGS, CONSTRUCTION AND RELATED ACTIVITIES BY ADDING A NEW SECTION 6-10 RELATING TO PERMIT AND INSPECTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMER- GENCY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Chapter 6, Section 6-10 of the Code of Ordinances, City of The Colony, Texas, relating to Buildings, Construction and Related Activities is hereby added in the following particulars and all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said Code of Ordinances are not amended, but shall remain intact and are hereby ratified, verified and affirmed: "Sec. 6-10. Permit and Inspections. (a) Permit Required. Before proceeding with the installation or alteration of, or the addition to any electrical wiring or equipment within or on any building, structure or premises publicly or privately owned in the City, the master electrician in charge of such proposed work shall first file with the City administrative authority, which shall mean the building official or his designated agent, an application requesting the inspection and securing a permit therefore. (b) Exception. No permit shall be required by this section to replace any electrical fixture or appliance which requires noI change in the electric wiring therefore. (c) Application (Generally). An application for inspection and permit required by this section, describing the work to be done, shall be made in writing to the City administrative authority, by the master electrician installing the work; shall give the exact street number of the premises on which the work is to be done; shall give the date inspection is desired; shall give the name of the owner or occupants; and shall give the name of the electrician doing the work in tbe class of wiring. No application shall be accepted by the City except from a person who holds a current master electrician's license from any city in the State of Texas. (d) Plans, Specifications. On all applications for a permit and inspection under this section where plans and specifications require installation above the minimum standards set forth in the electrical code of the City, the plans and specifications for such work shall be accompanied with the application for inspection. No deviation may be made from the installation described in such plans and specifications without the written approval of the owner or architect. (e) Issuance (Generally). On written application made to the City administrative authority by any person who has complied with the requirements for obtaining a permit, it shall be the duty of the City administrative authority to issue a permit permitting such person to install electrical wiring as set forth in the application. (f) Same - Homeowner, Maintenance Men aud Servicemen. Homeowners, maintenance men and servicemen may take out electrical permits only under the following conditions: (1) The homeowner, maintenance man or serviceman per- forms the electrical work himself. (2) The work must be permitted, inspected and approved by the building official. (3) The work to be performed involves only minor repair, emergency repairs, installation, remolding, and small addi- tions. (4) Persons other than the homeowner, maintenance man or serviceman who has been approved by the building official to do the work shah not be permitted or entitled to engage in any electrical work under such homeowner, maintenance man or serviceman's permit. (g) Fees (Generally). The fee to be charged for each permit and inspection required by this section shall be such amount as provided in Section 6-7 of this chapter. (h) Use of Permits. It shall be unlawful for any person to install, alter or repair any electrical conductors or equipment by authority of a permit issued to and for the use of some other person. It shall be unlawful for any person to secure or furnish a permit for the installation, alteration or repair of electrical conductors or equipment to any person not entitled to such a permit under the provisions of this chapter. (i) Persons Qualified to Obtain Permits. Permits will be issued only to contractors who have a valid and current master elec- trician's license issued by any City in the State of Texas. This does not prohibit bona fide homeowners from obtaining a permit to do work in or on their own home. (j) Right of Revocation of Permits. The Administrative authority shall have the right to declare a permit null and void if there has been misrepresentation of facts or any violation of the provisions of this chapter or for any other just cause. (k) Temporary Permits. Where, for good and sufficient cause, it is necessary to have electricity supplied to any installation before the final certificate can be issued, the administrative authority may issue a temporary permit; provided, that all parts to which current is supplied are in a safe condition, and that before the temporary permit is issued, the contractor receiving the same shall pay to the administrative authority therefore a fee of one dollar (~1.00). Such permit shall expire after sixty (60) days, and if the installation is still incomplete, another permit shall be taken out for the next thirty (30) days and each succeeding thirty (30) days while the installation is incomplete. (1) Notice for Inspection. The electrical contractor shall notify the administrative authority within twenty-four (24) hours on completion of work that the job is ready for inspection, Sundays and legal holidays excepted. (m) Work Not to be Concealed. The master electrician shah have all electrical work installed by him inspected before such work is covered or concealed. All cabinet and pane]board covers or trims shah be left off for final inspection, and any fitting or cover that conceals any wiring which may hinder the proper inspection of electrical work shall be removed by the master electrician at the request of the City administrative authority. (n) Tag on Inspected Work. After inspecting the electrical wiring covered by any application for a permit and inspection, the City administrative authority shall leave a tag which shall state that the work has been inspected and approved or that it is not 2 approved and shall be held open for correction or the master electrician notified, and if the wiring is to be held open for inspection, no person shall lath, coil or in any manner conceal any wiring until he is informed that such wiring has been approved by the City administrative authority. (o) Certificate of Inspection (Generally). (1) Upon completion and receipt of final inspection papers covering electrical work, the City administrative authority shall make a final inspection, and if such work is found to comply with this chapter, a certificate of in- spection shall be issued stating that the work has been done according to the provisions of this chapter and the rules governing the respective class to which it belongs. (2) The certificate provided for in paragraph (1) of this section shall not relieve the master electrician of his responsibility for any defective work that may have been concealed or escaped the notice of the administrative authority. (p) Clearance Prior to Commencement of Service. It shall be unlawful for any public service company operating in the City to furnish current to any new building, tent, structure or outdoor wiring of any kind, nature or description without first obtaining clearance from the City administrative authority stating that such wiring is approved and a permit has been issued for the use of current. Whenever any service is discontinued to any building or structure for any cause whatever (except nonpayment of bill) a clearance will be necessary before the building or structure can be reconnected. (q) Dangerous Installations - Inspection. It shall be the duty of the administrative authority to inspect all electrical wiring and apparatus in the City at any time in order to ascertain whether such electrical wiring or apparatus is in any respect dangerous to life or property. (r) Same - Notice to Correct. If any part of the electrical wiring or apparatus shah be found to be in a defective or dangerous condition, the administrative authority shall notify in writing the owner of such wiring or equipment to have the defect corrected within a reasonable time. (s) Same - Interruption of Service. If the owner of any defective wiring or equipment shall refuse or fail to comply with the requirements of the administrative authority and correct all defects as directed, within the specified time, it shall be the duty of the administrative authority to notify the service company, firm or individual furnishing the electric current to such defective wiring or equipment to cease to supply electricity thereto. Upon receipt of such notice, the service company, firm or individual furnishing electric current to such defective wiring or equipment shall immediately disconnect the service or feed wires and cease to supply current to the defective installation until the defects have been corrected. (t) Same - Inspection No Relief of Responsibility. This chapter shall not be construed to relieve from or lesson the responsibility of any person from owning, operating or installing electrical wires, appliances, apparatus, construction or equipment for the damage to property or person injured by any defect therein, nor shah the City or any agent thereof be deemed to assure any such liability by reason of the inspection authorized herein or the certificate of inspection issued by the'administrative authority. 3 (u) Violations; Penalty. Any person found doing electrical work for which a permit is required will be given twenty-four (24) hours to secure a permit. Any person who is issued a permit under such circumstance will be charged double the regular permit fee. If a person fails to timely acquire a permit three (3) times within any one year period he will be subject to the penalty provided in Section 15 of this Code of Ordinances." Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shah be deemed committed upon each day during or on which a violation occurs. Section 3. If any section, article, paragraph, sentence, clause, pharase or word in this ordinance, or application therto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on this the ~---[~day of ~~, 1986. ATTEST: ~ity 'Secretary, (~Aty of The Colony, Texas [SEAL] APPROVED: City Attorney, City of The Colony, Texas -4 -