G-02-07-11-9A1 - 7/11/2002ORDINANCE NO. 6.. " 0c) — 0 l " 1) 9f? /
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS
REPEALING SECTION 3.903(3) OF THE CODE OF ORDINANCES,
(1995 EDITION) CITY OF ROUND ROCK REGARDING THE
ELECTRICAL EXAMINING AND ADVISORY BOARD; AMENDING
CERTAIN SUBSECTIONS OF SECTION 3.900, CODE OF
ORDINANCES, (1995 EDITION) CITY OF ROUND ROCK, ADOPTING
THE UPDATED EDITION OF THE NATIONAL ELECTRICAL CODE;
PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
WHEREAS, the City Council of the City of Round Rock has
found it to be in the best interests of the citizens of Round Rock
to abolish the Electrical Examining and Advisory Board; and
WHEREAS, certain subsections of Section 3.900 of the Code
are in need of revision to comport with the abolition of the
Electrical Examining and Advisory Board and the adoption of the
updated edition of the National Electrical Code, and Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That Chapter 3, Section 3.901(2) of the Code of Ordinances,
(1995 Edition) City of Round Rock is hereby amended to read as
follows:
(2) National Electrical Code, NFPA 70
The National Electrical Code, NFPA 70, most current edition, and latest revisions thereto,
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(hereinafter referred to as "NEC"), as amended herein, is hereby adopted as part of this
Code to the same effect as if it were copied verbatim herein and shall be in effect except
as it may be in conflict with the provisions of this Code or the Texas Local Government
Code, Section 214.214.
II.
That Chapter 3, Section 3.901(7) of the Code of Ordinances,
(1995 Edition) City of Round Rock is hereby amended to read as
follows:
(7) Amendments to the National Electrical Code, 2002 Edition
(a) Article 220, National Electrical Code, 2002 Edition, is hereby amended by
deleting Section 22 and substituting the following:
220-22. Neutral Conductor
Neutral conductors shall be of the same ampacity as the largest ungrounded
conductor.
(b) Article 240-24(A), National Electrical Code, 2002 Edition, is hereby amended by
adding paragraph (5) which shall read as follows:
(5) Location of Panel Boards or OVER CURRENT Devices
Panel boards or OVER CURRENT devices shall not be located in
bathrooms, closets or within six (6) feet of sinks, lavatories, water
softeners, water heaters, washing machines, or similar fixtures. Panel
boards will have the following minimum clearances: six (6) feet, three (3)
inches of headroom; three (3) feet of walk-up clearance and thirty (30)
inches minimum horizontal clearance with a minimum of six (6) inches on
each side of enclosure.
(c) Article 300, National Electrical Code, 2002 Edition, is hereby amended by
adding Section 24 which shall read as follows:
300-24. Special Safety Measures
(a) Except upon written permission of the building official, no electrical
conductor of any nature shall be installed nearer than three (3) inches to
any metal pipe or duct which could operate at temperature in excess of
one hundred twenty (120) degrees Fahrenheit.
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(b) Thermostat, low voltage control wiring and communications cables in
dwellings shall be protected from mechanical damage and shall maintain
two (2) inches clearance from all other wiring and pipes. Thermostat, low
voltage control wiring and communications cables shall be well strapped
or supported with insulated staples or supports not to exceed four (4) feet
spacing.
(d) Article 80 of the National Electrical Code, 2002 Edition pertaining to
Administration and Enforcement is not adopted as a part of this Code.
That Chapter 3, Section 3.902(2) of the Code of Ordinances,
(1995 Edition) City of Round Rock is hereby amended to read as
follows:
(2) Commission. The Building Standards Commission of the City of Round Rock as
appointed by the City Council pursuant to subsection 3.1500.
IV.
That Chapter 3, Section 3.903(3) of the Code of Ordinances,
(1995 Edition) City of Round Rock pertaining to the Electrical
Examining and Advisory Board is hereby repealed in its entirety.
V.
That Chapter 3, Section 3.904 of the Code of Ordinances, (1995
Edition) City of Round Rock is hereby amended to read as follows:
3.904 ELECTRICAL LICENSE EXAMINATION
All applicants for an electrical license are required to pass the written examination prescribed by
the Southern Building Code Conference International prior to obtaining an electrical license.
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VI.
That Chapter 3, Subsections 3.906(16), (17), and (18) of the
Code of Ordinances, (1995 Edition) City of Round Rock are hereby
amended to read as follows:
(16) Probation, Suspension, Revocation
(a) The Commission may place a licensee on probation or suspend any electrician's
license issued by the Commission for a period of not more than one (1) year, or
revoke said license, after determining at a proper hearing, as set out in this
section, that the licensee has violated any provision of this Code, state law, city
ordinance or regulation relating to or governing electrical wiring, repairing or
construction, including, but not limited to:
(i) Permitting an unlawful or fraudulent use of said license.
(ii) Habitually violating this Code. (Habitual shall mean three (3) or more
separate violations.)
(iii) Failing or refusing to make corrections necessary to cure defects in
electrical work performed in violation of this Code.
(iv) Performing any electrical work in violation of this Code or the National
Electrical Code which s found to be the cause or a contributing cause of
a fire, whether or not there is any actual damage or loss.
(v) Performing any electrical work in violation of any restrictions imposed on
a licensee.
(b) If a licensee who has been placed on probation by the Commission shall violate
any of the provisions contemplated by 3.906 (15) above while serving said
probationary period, then said licensee shall have his/her license automatically
suspended pursuant to 3.906 (18) below.
(17) Hearing and Procedure
(a) In determining charges pursuant to subsection (15) above, the Commission shall
proceed upon a sworn complaint furnished it by a City official, or by any person
aggrieved by the action (s) of an electrician in the performance of electrical work
for which an electrical permit is required by this Code.
(b) Complaints shall be in writing and verified by the person familiar with the facts
therein. Three (3) copies of the same shall be filed with the city clerk who shall
retain one (1) copy for the official records of the City and shall convey two (2)
copies to the Commission.
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(c) The Commission, if it deems the information sufficient to support further action
on its part, shall order a hearing to be set at a specified time and place. Said
hearing shall be open to the public.
A copy of the order and complaint shall be served upon the accused by registered
mail no less than fourteen (14) days before the scheduled date of the hearing.
The accused shall appear in person, by counsel, or both, at the time and place
named in the order and make his defense to the same. The City Attorney and the
accused shall be entitled to present evidence and argument at said hearing.
If the accused fails or refuses to appear at said hearing, the Commission may
proceed to hear and determine the charges in his/her absence.
If the accused admits the truth of the charges, and the Commission by vote of
three (3) or more of its members shall find them to be true, it may enter an order
suspending the license of said electrician.
(h) The Commission shall have the power, through its chairman or secretary, to
administer oaths and to compel the attendance of witnesses before it by subpoena
issued over the signature of the chairman.
(i)
When the Commission has completed said hearing and made its decision, it shall
cause one (1) copy of its decision to be filed with the Chief Electrical Inspector,
one (1) copy with the City Clerk and cause a certified copy thereof to be
forwarded to the accused.
(18) Automatic Suspension
Notwithstanding subsection 3.906 (15) and (16) above:
(a) The license of any person shall be automatically suspended upon final
determination by the Commission that said licensee has committed any of the
following offenses:
(1)
Taking out a permit in the name of a person authorized to do the electrical
work and thereafter permitting a person not authorized by this Code to
perform the electrical work.
(2) Tampering with, diverting from or in any way interfering with the proper
action or registration of any electric meter.
(3)
Violating any provision of this Code, State law, City ordinance or
regulation relating to or governing electrical wiring, repairing or
construction while on probation imposed by the Commission.
(b) Suspension provided for in this Code shall in the first instance be for a period of
six (6) months. For subsequent offenses said suspension shall be for a period of
one (1) year.
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(c) The suspension of any license shall be automatically extended for a like period as
the original suspension upon a final determination by the Commission that a
licensee has been performing electrical work while his/her license is suspended.
Said suspension extension shall be in addition to any other penalty assessed, as
provided in this Code.
(d) Automatic suspensions are appealable in accordance with subsection 3.906(17).
VII.
That Chapter 3, Section 3.906(20) of the Code of Ordinances,
(1995 Edition) City of Round Rock is hereby repealed in its
entirety.
VIII.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
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Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
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READ, PASSED, and ADOPTED on first reading this 1 / day of
, 2002.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2002.
READ, APPROVED and ADOPTED on second reading this the
day of , 2002.
ATTEST:
ivuthAt&
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret
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DATE: July 3, 2002
SUBJECT: City Council Meeting — July 11, 2002
ITEM: 9.A.1. Consider an ordinance amending Chapter 3, Section 3.900 of the
Round Rock Code of Ordinances to adopt the most recent edition of
the National Electrical Code and abolishing the Electrical Examining
and Advisory Board. (First Reading)
Resource: Jim Nuse, Chief of Operations/Assistant City Manager
Mark Remmert, Chief Building Official
Gary Lawrence, Chef Electrical Inspector
History: Currently, City ordinance has adopted the 1999 Edition of the National Electrical
Code. This proposed ordinance adopts the current 2002 edition of the Code.
Additionally, the proposed ordinance abolishes the Electrical Examining and
Advisory Board. For some time, the Board has not been responsible for
administering the Electrical License Examination. This ordinance repeals
obsolete provisions of the Code. Remaining duties of the Electrical Board would
be handled by the newly established Building Standards Commission.
Funding: N/A
Outside Resources: N/A
Sponsor: N/A