Chapter 15.15
ELECTRIC CODE
Sections:
15.15.010 Adoption of Electric Code.
15.15.020 Amendments to the Code.
15.15.050 Application of other laws.
Prior legislation: Code 1990 §§ 4-303, 4-306 and 4-308, Ords. 1665, 1770, 2267 and 2349.
15.15.010 Adoption of Electric Code.
The National Electrical Code, 2017 Edition, published by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts, 02169, is hereby adopted by reference as the Electric Code of the City of Gardner, Kansas, and not less than one copy of last said edition, marked or stamped in the manner provided by K.S.A. 12-3010, with all sections or portions thereof intended to be omitted clearly marked and showing portions that are amended and to which shall be attached a copy of amendments, shall be filed with the City Clerk and shall be open to inspection and available to the public at reasonable business hours. Official copies of such code shall be supplied at the cost of the City to the officials and agencies in the manner listed and set forth in K.S.A. 12-3010. Subsequent references to the “Electric Code” shall mean the National Electric Code, 2017 Edition, published by the National Fire Protection Association. (Ord. 2674 § 2; Ord. 2423 § 3; Ord. 2225 § 3; Ord. 2087 § 3. Code 1990 §§ 4-301, 4-302)
15.15.020 Amendments to the Code.
The “Electric Code,” as adopted by GMC 15.15.010, is hereby amended and changed to read as follows:
A. Section 90.4 of the National Electrical Code, 2017 Edition, is hereby amended to add the following paragraphs to the existing Section 90.4 as follows.
Existing Equipment: Electrical conductors and equipment lawfully installed prior to the effective date of this Code may have their existing use, maintenance or repair continued, if the use, maintenance or repair is in accordance with the original design and location and is not a hazard to life, health or property. The owner or his/her designated agent shall be responsible for adequate maintenance of electrical conductors and equipment.
B. Section 90.4 of the National Electrical Code, 2017 Edition, is hereby amended to add the following paragraphs to the existing Section 90.4 as follows.
Right of Entry: Upon presentation of proper credentials, the building official or his/her duly authorized representatives may enter any building, structure, or premises in the City at reasonable hours, to perform any duty imposed upon him/her by this Code.
C. Section 90.4 of the National Electrical Code, 2017 Edition, is hereby amended to add the following paragraphs to the existing Section 90.4 as follows.
Stop Orders: Whenever any work is being done contrary to the provisions of this Code, the building official shall notify in writing the persons engaged in the doing or causing such work to be done, of violations found, specifying a period of time allowed to bring the work into code conformance.
D. Section 90.4 of the National Electrical Code, 2017 Edition, is hereby amended to add the following paragraphs to the existing Section 90.4 as follows.
Authority to Condemn Equipment:
(a) Whenever the building official learns or ascertains that any electrical conductor or equipment, as defined in this Code, has become hazardous to life, health, or property, he/she shall order, in writing, that such equipment be restored to a condition of safety or be dismantled or removed from its present location. The written notice shall fix a time limit for compliance with such order.
(b) The building official is authorized to seal off electrical current and/or fuel supply to equipment as defined in this Code where such installation is done without permit or does not meet the provisions of this Code. Where electric current or fuel supply has been sealed off, it shall be unlawful for any unauthorized person to break such seal. Upon corrections being made to meet requirements set forth in this Code the building official shall remove such seal.
E. Section 90.4 of the National Electrical Code, 2017 Edition, is hereby amended to add the following paragraphs to the existing Section 90.4 as follows.
Authority to Abate:
(a) Any portion of an electrical system found by the building official to be unsafe as defined herein is hereby declared to be a nuisance.
(b) Where a nuisance exists or an electrical system is maintained in violation of this Code or any notice issued pursuant to this section the building official shall require the nuisance or violation to be abated and, where necessary, shall seek such abatement in the manner provided by Law.
F. Section 90.4 of the National Electrical Code, 2017 Edition, is hereby amended to add the following paragraphs to the existing Section 90.4 as follows.
Administrative Authority: The building official or authorized representatives shall be the authority duly appointed to enforce this Code.
(a) Violations: It shall be unlawful for any person, firm or corporation to violate any of the provisions of this Code. The issuance or granting of a permit or approval of plans shall not prevent the building official from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other Ordinance or from revoking any certificate of approval when issued in error. Every permit issued by the building official under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 180 days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year.
(b) Penalties: The violation of any provisions of this Code shall be deemed to be a misdemeanor; and any person, firm, association, partnership or corporation convicted thereof shall be punished by a fine of not less than $100.00 or greater than $500.00 per offense; and the City shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of this Code and to seek civil penalties in the amount of not less than $100.00 or greater than $500.00 per offense and to abate nuisances maintained in violation thereof, and in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful installation of electrical conductor and equipment or to correct or abate such violation, or to prevent the occupancy of said building, structure or land. Each day a violation of this Code shall continue shall constitute a separate offense.
(c) Liability: The building official or any employee charged with the enforcement of this Code, acting in good faith without malice for the jurisdiction in the discharge of his/her duties, shall not thereby render himself liable personally and he/she hereby is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reasons of any act or omission in the discharge of his/her duties. Any suit brought against the building official or his/her employees, because of such act or omission performed by him/her in the enforcement of any provisions of this Code, shall be defended by legal representation of the City until final termination of the proceeding.
G. Section 90.4 of the National Electrical Code, 2017 Edition, is hereby amended to add the following paragraphs to the existing Section 90.4 as follows.
Permit Required:
(a) No installation, alteration or removal shall be made to the wiring of any building or structure for light, heat or power or to increase the load of energy carried by such wires or equipment, nor shall any building or structure be wired for electric lights, appliances, motors, apparatus or heating devices, nor shall alterations be made thereto, without a permit being first issued by the City. Contractor licensing shall be required as stated in 15.05 Section 105.1.3.
(b) The building official may, in writing, suspend or revoke a permit issued under provisions of this Code, whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any Ordinance or regulation of any provisions of this Code.
(c) Permit fees. The governing body shall establish the permit fees by resolution.
(d) The refunding of permit fees shall be the same as stated in 15.05.020 G.
(e) Inspections: All work shall be subject to inspection by Business and Economic Development personnel. Any portion of equipment which will be concealed prior to completion shall be subject to inspection prior to such work being concealed.
(f) Board of Appeals: The same board as appointed to act as a Board of Appeals for the building code, Section 15.05.020 J, shall act as Board of Appeals for the electric code in making determinations of any appeal arising from the actions of the building official. Procedures followed shall be the same as outlined for the Building Code Appeals.
H. Section 210.12(A)’s Exception of the National Electrical Code, 2017 Edition, is hereby amended to read as follows:
Where an individual branch circuit to a fire alarm system installed in accordance with 760.41(B) or 760.121(B) is installed in RMC, IMC, EMT, or steel sheathed cable, Type AC or Type MC, meeting the requirements of 250.118, with metal outlet and junction boxes, AFCI protection shall be permitted to be omitted. In apartment units smoke detectors supplied by NM cable are permitted omission of Arc-Fault protection.
I. Section 300.5 of the National Electrical Code, 2017 Edition, is hereby amended to add the following paragraph to the existing section:
(L) In addition to the requirements of this section, the electric service feeding any structure or pedestal must be installed to meet the Gardner Energy’s and the City of Gardner’s service specifications.
J. Section 310.1 of the National Electrical Code, 2017 Edition, is hereby amended to read as follows:
Scope. This Article covers general requirements for conductors and their type designations, insulations, markings, mechanical strengths, ampacities ratings, and uses. These requirements do not apply to conductors that form an integral part of equipment, such as motors, motor controllers, and similar equipment, or to conductors specifically provided for elsewhere in this Code.
Informational Note: For flexible cords and cables, see Article 400. For fixture wires, see Article 402.
The use of non-metallic sheathed cable with aluminum or copper clad aluminum conductors, size 8 or smaller, will not be permitted for branch circuit wiring in construction, alteration or repair. This shall apply to branch circuits from distribution point.
(Ord. 2674 § 2; Ord. 2423 § 3; Ord. 2225 § 3; Ord. 2087 § 3. Code 1990 § 4-304. Formerly 15.15.040)
15.15.030 Fires.
The Building Official, or Fire Code Official, shall have the authority to cause the immediate removal of all wires or the turning off of all electricity where the same may interfere with the work of the Police or Fire Department during the progress of a fire. Restoration of electrical service, including the resetting of any removed electrical meter, shall not be completed until the premises and electrical wiring are inspected and approved by the Building Official. (Ord. 2674 § 2; Ord. 2423 § 3; Ord. 2225 § 3; Ord. 2087 § 3. Code 1990 § 4-305. Formerly 15.15.050)
15.15.040 Invalidity in part.
Should any section, subsection, paragraph, clause or provision of this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part to be declared unconstitutional. (Ord. 2674 § 2; Ord. 2423 § 3; Ord. 2225 § 3; Ord. 2087 § 3. Code 1990 § 4-307. Formerly 15.15.070)
15.15.050 Application of other laws.
The provisions of this Code shall not be deemed to nullify any provisions of the zoning law or any other ordinance of the City of Gardner pertaining to the location or type of construction of buildings, except as may be specifically required by the provisions of this Code. (Ord. 2674 § 2; Ord. 2423 § 3)