ARTICLE 2. ELECTRICAL CODE
6-201 Scope.
All matters concerning, affecting or relating to the construction, installation, alteration, repair, renewal, use, location and maintenance of all electric wiring, appliances or devices for light, heat or power in the city are presumed to be provided for by this article and all reasonable and uniform rules and regulations adopted in the furtherance thereof.
(Code 1977, 6-201)
6-202 National Electrical Code incorporated; installation standards.
(Ord. 4304-99; Ord. 4432-02; Ord. 4718-09; Ord. 4845-14)
6-202a Amendments to National Electrical Code.
The National Electrical Code, incorporated by section 6-202 of this article shall be amended as follows:
210.12 Arc-Fault Circuit-Interrupter Protection.
(A) The following provisions of this subsection (A) shall apply only to new construction, new additions and total remodels of properties.
Dwelling Units. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in dwelling unit family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreation rooms, closets, hallways, or similar rooms or areas shall be protected by a listed arc-fault circuit interrupter, combination-type, installed to provide protection of the branch circuit.
Informational Note No. 1: For information on types of arc-fault circuit interrupters, see UL 1699-1999, Standard for Arc-Fault Circuit Interrupters.
Informational Note No. 2: See 11.6.3(5) of NFPA 72-2010, National Fire Alarm and Signaling Code, for information related to secondary power supply requirements for smoke alarms installed in dwelling units.
Informational Note No. 3: See 760.41(B) and 760.121(B) for power-supply requirements for fire alarm systems.
Exception No. 1: If RMC, IMC, EMT, Type MC, or steel armored Type AC cables meeting the requirements of 250.118 and metal outlet and junction boxes are installed for the portion of the branch circuit between the branch circuit overcurrent device and the first outlet, if shall be permitted to install an outlet branch-circuit type AFCI at the first outlet to provide protection for the remaining portion of the branch circuit.
Exception No. 2: Where a listed metal or nonmetallic conduit or tubing is encased in not less than 2 inches of concrete for the portion of the branch circuit between the branch-circuit overcurrent device and the first outlet, it shall be permitted to install an outlet branch-circuit type AFCI at the first outlet to provide protection for the remaining portion of the branch circuit.
(B) Branch Circuit Extensions or Modifications – Dwelling Units. In any of the areas specified in 210.12(A), where branch-circuit wiring is modified, replaced or extended, the branch circuit shall be protected by one of the following:
(1) A listed combination-type AFCI located at the origin of the branch circuit.
(2) A listed outlet branch-circuit type AFCI located at the first receptacle outlet of the existing branch circuit.
334.10 Uses Permitted. Type NM, Type NMC and Type NMS cables shall be permitted to be used in the following:
(1) One and two family dwellings;
(2) Multi-family dwellings, except as prohibited in section 334.12; and
(3) [This subsection deleted].
(4) Cable trays, where the cables are identified for this use.
(5) Types I and II construction where installed within raceways permitted to be installed in Types I and II construction..
(A) Type NM. Type NM cable shall be permitted as follows:
(1) For both exposed and concealed work in normally dry locations except as prohibited in 334.10(3).
(2) To be installed or fished in air voids in masonry block or tile walls.
(B) Type NMC. Type NMC cable shall be permitted as follows:
(1) For both exposed and concealed work in dry, moist, damp, or corrosive locations, except as prohibited in 334.10(3).
(2) In outside and inside walls of masonry block or tile.
(3) In a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1.59 mm (1/16 in.) thick or covered with plaster, adobe, or similar finish.
(C) Type NMS. Type NMS cable shall be permitted as follows:
(1) For both exposed and concealed work in normally dry locations except as prohibited by 334.10(3).
(2) To be installed or fished in air voids in masonry block or tile walls.
(Ord. 4304-99; Ord. 4432-02; Ord. 4718-09; Ord. 4845-14)
6-203 Definitions.
In addition to the definitions given in this section, words and terms used in this article shall be as defined in the National Electrical Code as referred to and incorporated in section 6-202 of this article.
(Code 1977, 6-203)
6-204 Not retroactive.
Except for safety, nothing in this article shall require any change in the installation of any wiring or the construction or erection of any appliance or device which complied with the law prior to the enactment of this code. Any wiring, appliance or device illegally erected or installed prior to the enactment of this code shall be removed or brought into compliance with the provisions of this article within 30 days of the effective date hereof.
(Code 1977, Sec. 6-204)
6-205 Electrical inspector; appointment; duties.
The city manager shall appoint a qualified person as electrical inspector. His or her duty shall be to make such decisions as are necessary for daily inspection work and to see that such work is uniformly discharged throughout the city. He or she shall enforce the provisions of this article, keep records, make reports and perform any other duties as are from time to time imposed by the city manager. The inspector shall be a resident of the City of Newton.
(Code 1977, 6-205)
6-206 Inspections.
The electrical inspector of the city shall inspect for approval all new, renewed, repaired, extended or altered installations of wiring for electric light, heat and power wires, fixtures, appliances, conductors and apparatus hereinafter installed in or upon any and all buildings in the city before work is concealed and again inspect each such installation upon completion of the work. All plumbing, water, steam and gas pipes and furnace stacks which are to be concealed shall be in place before the electric wiring is inspected and such wiring shall not be considered as completed until such work is in place and said inspector shall have the authority to remove or cause to be removed, any lath, piaster or other finish which may interfere with the proper inspection thereof. All such installation shall be made in accordance with the provisions of this article and the inspector shall enforce or cause to be enforced such provisions of this article and for that purpose he or she shall have and is hereby given necessary police powers and said inspector shall wear a special badge as a token of such authority.
It shall be the duty of the person installing the electric wiring, fixtures, appliances and apparatus promptly to notify the inspector when same is ready for any and all inspections. The inspection shall be made within 24 hours (not including Saturdays, Sunday or legal holidays) of the receipt of such notice that same is ready to be inspected. The inspector shall not release for electrical energy any wiring or electrical equipment which does not meet the provisions of this article.
(Ord. 3345, Sec. 1)
6-207 Authority to disconnect electrical wiring.
The electrical inspector shall have the authority to disconnect or cause to be disconnected from electrical energy any electrical wiring to equipment in case of emergency or when necessary for the protection of life and property. He or she shall have the power to at once cause the removal of all wires and to discontinue the power source where the same shall interfere with the work of the fire department during the progress of a fire. He or she shall order the discontinuance of electrical energy to any electrical wiring, device or equipment found to be dangerous to life or property and to hold such wiring, device or equipment out of service until the same is made safe and conforms to the standards set forth in this article.
(Code 1977, 6-207)
6-208 Reinspection.
Upon inspection, if any defects exist, the permit holder shall be notified and he or she shall rectify the same before the work is concealed. For such reinspection required because of work previously inspected and found in noncompliance with this article, a fee of $4 for the first inspection and $10 for each additional inspection, payable in advance of the inspection will be charge. The electrical inspector shall make a thorough reinspection of all electrical wiring, devices, appliances and equipment whenever deemed advisable, within or on any building or premises within the city. When the installation of any electric wiring, device, appliance or equipment is found to be in a dangerous and unsafe condition and in noncompliance with this article, the person owning, using or operating the same shall be notified in writing and shall make the necessary repairs and changes required to place such wiring, device, appliance or equipment in compliance with this article within the time specified in the notice. Upon failure to comply with the written notice, the electrical inspector is hereby authorized to notify the utility company supplying electrical energy to such building or premises to discontinue electric service until instructed by the electrical inspector that service may be restored. The electrical inspector shall be notified by the permit holder when all electrical work is completed and ready for final inspection, and if such work conforms with this article, such electrical work shall be released to the utility company for service, and when requested, a certificate of inspection shall be issued showing that such work meets the requirements of this article. It shall be unlawful for any person or utility company to make connection from a source of electrical energy to any electric wiring, device, appliance or equipment for which a permit is required until the same has been approved by the electrical inspector.
EXCEPTIONS: Where it is necessary to connect a source of electrical energy to any electric wiring, device, appliance or equipment where a permit is required due to safety, sanitary or public convenience reasons, a master electrician may authorize the temporary connection to an electrical source pending an inspection and utility connection.
(Ord. 3345, Sec. 2)
6-209 Right of entry.
In order to carry out the provisions of this article, the electrical inspector or his or her representative shall have the authority during reasonable hours to enter any building or upon any premises in the discharge of their official duties for the purpose of making inspections and tests of any installation of electrical wiring, device, appliance or equipment contained therein.
(Code 1977, 6-209)
6-210 Liability for damages.
This article shall not be construed to remove or lessen the liability of any party owning, operating, controlling or installing any electrical equipment for damages to any person or property by any defect therein, nor shall the city be held as assuming any such liability by reason of the inspection authorized herein or certificate issued.
(Code 1977, 6-210)
6-211 Hold harmless clause.
Any officer or employee of the city, charged with the enforcement of this code shall not in the discharge of his or her duties hereunder render himself or herself liable personally, and he or she is hereby relieved of all personal liability for any damage that may accrue to persons or property as a result of any act required or committed in the discharge of his or her duties. Any suit brought against any officer or employee of the city because of such act performed by him or her in the enforcement of any provision of this code shall be defended by the legal department of the city and any final judgment against such officer or employee resulting from the discharge of his or her duties under this code shall be paid by the city.
(Code 1977, 6-211)
6-212 Electrical advisory board.
There is hereby established an Electrical Advisory Board which shall consist of six members. One member shall be the electrical inspector or his or her duly authorized representative who shall be ex-officio chairperson of the board without vote. Three members shall be electrical contractors holding master electrician’s licenses in the city and two members shall be electrician’s holding a journeyman electrician’s license in the city. The members, other than the electrical inspector, shall be appointed by the city manager with the approval of the city commission. As of May 1, 1981, the following appointment of members shall be made: A master electrician to serve a term of three years; a master electrician to serve a term of two years; and a journeyman electrician to serve a term of one year. Thereafter all appointments shall be for a term of three years. The city manager shall have the right to declare a vacancy in the term of any member who has three consecutive absences from the board meetings without valid cause. Vacancies shall be filled in the same manner as appointments are made.
(Ord. 3547, Sec. 1; Code 1984)
6-213 Same; compensation.
The electrical advisory board shall receive such compensation as determined by the governing body.
(Ord. 3547, Sec. 1)
6-214 Same; duties.
(Ord. 3680, Sec. 2)
6-215 Examination for electricians.
(Ord. 3850, Sec. 1)
6-216 Same; fee.
There is established an examination fee of $30 for a master or journeyman electrician examination. No fee shall be required for an apprentice electrician, but the same shall be registered as an apprentice or helper at the office of the city clerk.
(Ord. 3850, Sec. 2)
6-217 Electrician’s certificates required; insurance required.
(Ord. 4001, Sec. 1)
6-218 Same; exceptions.
Apprentice electrician employees shall be permitted to work when accompanied by and under the direct supervision of a master or journeyman electrician. Any person shall have the right to do his or her own electrical wiring or electrical work in a single family residence which he or she owns and in which he or she lives without procuring a certificate of competency, the giving of a bond or the payment of the registration fee required by this article. In all other respects, such person and such electrical work shall be subject to the provisions of this article as to installation, the procurement of a permit, inspections and payment of inspection fees.
(Code 1977, 6-214)
6-219 Nonresident electrician certificate.
The electrical inspector upon the recommendation of the electrical advisory board whose recommendation shall be in writing and shall state specific reasons for approval or disapproval, may issue a certificate without examination to a nonresident master or journeyman electrician upon the payment of the annual fee and upon a finding that such person holds a current valid certificate issued to him by another city of Kansas, whose requirements relating to the issuance of said certificate are equivalent to the provisions of the city: Provided, That the city also has a nonresident provision as a requirement.
(Code 1975, 6-215)
6-220 Revocation or suspension of certificates and licenses.
The electrical inspector is hereby authorized to suspend, or revoke the certificate of any electrical contractor, as defined, master electrician or journeyman electrician for the commission of any act in violation of any provision of this code or any other ordinance of the city or the refusal or failure to comply with any lawful and reasonable order of the electrical inspector, upon the determination of the electrical advisory board. When a license or certificate of a person or firm has been revoked, a new certificate or license shall not be granted until he or she shall have corrected the violation in accordance with this code or any ordinance of the city and shall have made application and shall have passed an examination as required for the original certificate or license. The decision of the board shall be final.
(Ord. 3738, Sec. 3)
6-221 Same; notice, hearing.
Upon presentation by the electrical inspector to the electrical advisory board of charges against any holder of any certificate, as set forth in this section, the board shall fix the time and place for a meeting to consider such charges and shall serve upon the holder of the certificate a written notice of the time and place of the meeting which shall be served upon the holder at least five days in advance of the meeting. The board shall make a written record of the hearing and if upon a full hearing of all of the evidence, the board shall determine that such holder of a certificate has been guilty of any of the actions as hereinbefore set forth in this section, the board may fix a reasonable period of time for correction or may thereupon recommend the revocation, or suspension for a definite period, of the license or certificate of the holder. Where a reasonable period of time for correction has been allowed, the board shall, upon expiration of the period, make a further determination and recommendation to the electrical inspector concerning the revocation or suspension of the license or certificate in question.
(Code 1975, 6-216)
6-222 License required.
It shall be unlawful for any person, firm or corporation to engage in the business or the trade of the installation of electrical wiring or the installation of electrical equipment, devices or apparatus for light, heat, or power purposes in or on any building or premises within the city without first having secured an electrical license from the city clerk.
(Code 1975, 6-217)
6-223 License; general electrical fees.
The following license and license fees shall be paid for each calendar year and such fees and license terms shall not be prorated:
A new license may be secured without an examination provided it is secured not later than one month after the expiration of the previous license. Where no new license is secured within the time limit specified, the applicant must be re-approved by the electrical inspector and the electrical advisory board.
An electrician’s helper or apprentice, not licensed or certified, shall only be permitted to do electrical work or work as such electrical helper or apprentice while in the presence of a master or journeyman electrician.
No licensed person, firm or corporation shall permit the use of his, her or its name by any other person, firm or corporation, either directly or indirectly, either for the purpose of obtaining a permit or for the purpose of doing any electrical work under his, her or its license.
(Ord. 3794; Ord. 4931-16; Ord. 4935-17)
6-224 Electrical contractor.
In order to qualify under this article as an electrical contractor, any person, firm, copartnership, corporation, association or any combination thereof which advertises or represents himself or itself to the public to have the capacity or ability to undertake or submit a bid or offer to install, construct, alter, repair, add to or remove, restore or replace any electric wiring, heat and power wires, fixtures, appliances, conductors or other electrical apparatus, shall have an established place of business located within the district as provided by the zoning ordinance for such business. Any such electrical contractor, having such an established place of business in any other city, shall have the right to qualify in the business or the trade of electrical installations in the city by obtaining an electrical contractor’s license as provided in section 6-223 of this article, and filing a bond as provided in section 6-217 of this article. The taking of an examination and paying this fee before the electrical advisory board and obtaining a license and certificate as a master electrician shall be governed by all sections and regulations as provided herein.
(Code 1977, 6-219)
6-225 Firm or corporation wiring.
Any person, firm or corporation not engaged in the business of electrical installations, who has a person holding a certificate of competency regularly and continuously in his, her or its employ, may make application for electric wiring permits and after paying the regular fees, secure a permit authorizing such person holding such certificate of competency to make such electrical installations in or on such building or premises as are owned, leased or managed as the direct business of such person, firm or corporation. All electrical work performed under such permits issued in conformance with this section must be installed in compliance with the provisions of this article. Such permits shall be issued in the name of the person, firm or corporation and used in the regular performance of its business where having the work done. Any person wishing to obtain a certificate of competency as provided by this section must submit evidence of his or her experience and qualifications demonstrating ability equivalent to a master electrician to the administrative authority for approval. A fee of $75 is hereby established for a corporate wireman application. In addition, a fee of $25 is hereby established as an annual certificate fee payable upon issuance of the certificate and further payable annually on or before January 31 of each year for renewal thereof. Certificate renewal will be approved upon payment of the annual fee provided that no evidence has been shown to the administrative authority that the certificate should not be renewed.
(Ord. 3857, Sec. 1)
6-226 Permits required; fees established.
It shall be unlawful for any person, firm or corporation to do or cause or permit to be done any electrical wiring for light, heat or power or any apparatus requiring the use of electric current within any building or on any premises in the city without first obtaining a permit from the city clerk. Applications for permits shall be made on blanks furnished by the city and shall set forth in detail such work to be done, class and location of the building and name of the owner.
No certificate of inspection shall be issued as herein provided until there shall have been paid to the city treasurer fees for such inspection at the following rates:
100 ampere or less - $10.00 each;
Each additional ampere above 100 amperes - $.05 each;
Over 600 volt - $50.00 each.
1 through 5 - $3.00 each;
6 through 20 - $1.00 each;
all over 20 - $.75 each.
Special purpose circuits (dryer, heating appliance, electric furnace, water heater, range, etc., other than motor loads) - $3.00 each;
Feeder circuits - $5.00 each.
(use 1 ton = 1 hp. for fee purposes)
Under 1 hp - $2.00 each;
1 through 10 hp - $3.00 each;
over 10 through 25 hp - $5.00 each;
over 25 through 50 hp - $7.00 each;
over 50 hp - $16.00 each.
Any person, firm, or corporation who installs any electrical wiring for which a permit was acquired and for which an inspection is required and who fails to report the same as ready for inspection when such work is completed shall pay a late inspection fee of an amount equal to the regular permit fee. Any person, firm or corporation starting or commencing any work for which a permit is required without securing such a permit and payment of the fees required, shall pay a fee in an amount double to that amount computed in the permit.
(Ord. 3806; Ord. 4931-16)
6-227 Same; fee waived.
Any work requiring a permit, done under the jurisdiction of the city manager and any public work done by the United States shall be exempt from the payment of the prescribed fees but the person doing such work shall obtain a permit.
(Code 1977, 6-222)
6-228 Expiration of permits; new permit required.
Every permit issued under the provisions of this article shall expire by limitation and become null and void if the work authorized by such permit is not started within six months from the date of such permit and the work diligently executed, or if the work authorized by such permit is suspended or abandoned at any time after the work is started, for a period of six months, or if any work authorized by the issuance of a permit to an electrical contractor or licensed electrician as defined, shall for any reason be transferred or assumed by another electrical contractor or licensed electrician. Before such work can be resumed, a new permit shall first be secured for the unfinished portion of the work.
(Code 1977, 6-223)
6-229 Wiring methods: marking of conductors.
Color coding of conductors to be as follows: for a 120, 220, 230 or 240 volt system. The colors black, red, blue shall be used for ungrounded conductors. They shall be arranged so that all conductors of the same phase shall be the same color throughout the system. It is required that other systems such as 277/480 volt be different colors, than those previously mentioned.
6-229a Same; aluminum conductors.
The use of aluminum conductors shall be limited to 40 ampacity rated conductors and larger in residential wiring and 100 ampacity rated conductors and larger in non-residential wiring.
(Ord. 3766, Sec. 1)
6-230 Same; fire zone 1.
All wiring in Fire Zone 1 as defined in section 6-141 of this chapter and all commercial and industrial occupancies, shall be installed with metallic wiring methods, PVC conduit, or ENT tubing, where approved for the purpose.
(Ord. 3738, Sec. 4)
6-231 Power to condemn.
The electrical inspector shall have and is hereby granted power and authority to condemn and cause the removal or necessary repair of any electric wiring, fixtures, appliances, conductors, apparatus or supports in or upon any building, shop accessory building or other structure within the city which may be considered as dangerous to life or property and he shall have the authority to require the discontinuance of electric energy supply therefrom until such repairs or alterations have been completed to insure safety to all properties and occupants concerned.
(Code 1977, 6-234)
6-232 Decision of questions.
The electrical inspector shall decide all questions not provided for in this article pertaining to the installation or use of electric wires, appliances or other apparatus. An appeal may be had from an order or decision of the inspector to the Electrical Board of Examiners and Appeals as heretofore provided. An appeal shall not be held valid unless made in writing to the chairman of the board within 30 days from any order or decision of the inspector. The board will meet to consider and hear such appeal within 10 days of receipt of notice by the appellant. Upon such hearing any party may appear in person, by agent or by attorney. The decisions of the board shall be final and binding on all parties concerned.
(Code 1977, 6-235)
6-233 Violation and penalties.
A violation of any of the provisions of this article is hereby declared to be an offense and any party, upon conviction thereof, shall be fined in any sum not less than $5 nor more than $100, or be imprisoned not to exceed 30 days or be both so fined and imprisoned for each offense. Each and every day during which any violation of any provision of this article is committed, continued or permitted shall constitute a separate offense.
(Code 1977, 6-236)
6-234 Validity.
Should any section, clause or provision of this article be declared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of the article as a whole, or any part thereof other than the part so declared to be invalid.
(Code 1977, Sec. 6-238)