Loading...
98-1179ORDINANCE NO. 98-1179 An ordinance amending the Electrical Code of General Ordinances of the City of Janesville with a penalty, injunctive and other relief for violations thereof as set forth in Janesville General Ordinance Section 15.03.110 and Chapter 15.80. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 15.03 of the Code of General Ordinances of the City of lanesville (Electrical Code) is hereby amended to read as follows: CHAPTER 15.03 ELECTRICAL CODE 15.03.010 15.03.020 15.03.030 15.03.040 15.03.050 15.03.060 15.03.070 15.03.080 15.03.090 15.03.100 15.03.110 Janesville Electrical Code Electrical Inspector Electrical Inspections Electrical Permits Electrical Licenses Electrical Construction Requirements Street Lighting and Traffic Lights Invalidity Liability of City Appeals Penalty Section 15.03.010 - JANESVILLE ELECTRICAL CODE. The Janesville Electrical Code 1994 on file in pamphlet form with the City Clerk is hereby adopted and by reference and otherwise made a part of this chapter and ordinance. Every act, requirement, condition, obligation, regulation, standard, prohibition, role, provision, and mandate set forth therein shall have the same force and effect as if fully set forth herein. Every act required or prohibited therein shall be required or prohibited by this chapter. This section adopts such modifications, changes and amendments thereto as may be made from time to time. Section 15.03.020 - ELECTRICAL INSPECTOR - CREATION OF OFFICE TERM - SALARY There is hereby created the office of Electrical Inspector. Such inspector shall be appointed by the City Manager and shall hold office until removed by the City Manager or until his successor shall have been duly appointed and qualified. He shall receive such salary as prescribed by the City Manager, subject to the approval of the City Council. B. Qualifications-Powers and Duties. The person appointed to fill the office of the Electrical Inspector shall be a State of Wisconsin Certified Master Electrician. C. It shall be unlawful for the Electrical Inspector to engage in the business of the installation or maintenance of electrical wiring and appliances, either directly or indirectly and he shall have no financial interest in any concern engaged in such business in the City of Janesville at any time while holding office of Electrical Inspector. D. It shall be the duty of the Electrical Inspector to see that all electrical light, power and heating installations and all other electrical apparatus connected with the same, are in strict conformity with provisiohs of this ordinance, the National Electric Code, and the Wisconsin State Electrical Code, issued by the Department of Industry, Labor and Human Relations, under authority of the State Statutes. E. Said Electrical Inspector shall have the right, during reasonable hours to enter any public or private buildings in the discharge of his official duties, or for the purpose of making any inspections or test of the electrical wires and appliances contained therein, and shall have the authority to cause the turning off of all electrical currents and to cut or disconnect, in cases of emergency, any wire where such electrical currents are dangerous to life or property or may interfere with the work of the Fire Department. Section 15.03.030 - INSPECTIONS A. It shall be unlawful to connect up the equipment of any building, to any electrical supply lines or to turn on the current, unless a certificate of inspection has been issued by the Electrical Inspector, and it shall be the duty of the electrical utility supplying electrical service to any building to secure a copy of the certificate of inspection from the Electrical Inspector, before supplying service to such building. B. Upon the completion of the construction and installation of the electrical wiring and equipment of any building, including fire alarm, area of rescue assistance, and other such emergency and life safety systems, it shall be the duty of the person, firm or corporation doing the same, to notify the Electrical Inspector, who shall inspect the installation, and If the installation is found to be in compliance with the provisions of this chapter, he shall issue a certificate of inspection authorizing connection to the electrical service and the turning on of the current. If the Electrical Inspector, at the time of the inspection, finds any fault with the electrical wiring or equipment, he shall notify the person, faun or corporation of such fault. All electrical wiring and equipment which are to be concealed, shall be inspected before concealment and no other craft shall cover up or conceal such wires unless the installation has been inspected and approved by the Electrical Inspector. The licensed electrician shall provide any necessary equipment to perform the inspection. C. Persons, firms or corporations associated with crafts other than electrical and functioning in their trades shall in no way alter the approved installation of any electrical equipment by the placement of materials or equipment in too close proximity, by concealment, by making unaccessible, or in any way affecting the approved installation so as to make it in violation of this code. D. Before a certificate of occupancy will be issued by the building inspector, it shall be the duty of the person, firm or corporation doing the installation of the electrical system to call the electrical inspector for a final inspection and to have all work conform to this code. Section 15.03.040 - PERMITS A. Before any electrical wires or electrical apparatus shall be installed for lighting or power purposes, including fire alarm, area of rescue assistance, and other such emergency and life safety systems, or any electrical construction work done, except minor repair work, a permit therefor shall be obtained from the Electrical Inspector by a licensed electrician. The application shall describe the proposed installation or work and give the location of the premises where same is to be placed. No permit shall be issued unless satisfactory proof is furnished to the Electrical Inspector upon his request, that the applicant has been employed to perform the work or installation and will be responsible for the performance thereof in the manner required by the city ordinance or by the state laws; nor unless proof be submitted that the applicant has paid to the Electrical Inspector the fees herein required. B. Permits for electrical work on electrically illuminated signs will be granted only to Class A licensed electricians. Permits are required for connecting electricity to new and replacement signs. C. In cases of emergency, work may be started before the permit has been issued, provided the Electrical Inspector is notified the same day such work is started. If the emergency occurs on a day the Department of Code Administration is closed, the Depa~huent shall be notified the next business day. D. Electrical permits shall expire 24 months after the date of issuance of the permit. If such permit expires, a new permit shall be issued at the regular fee rate. Section 15.03.050 - LICENSES A. No person, either individually, as a member of a firm, or as an officer or employee of a corporation, shall conduct the business of electrical wiring construction or contract'mg unless such person shall have a Class A license as required by tins chapter and no electrical work, except minor repair work, shall be done by a person not having such license. The Electrical Inspector may, however, issue a permit to any person desiring to personally install electrical wiring in ins own private, single family residence, if the person desiring the permit can prove he is competent, by passing a test, to do such work in conformity with all the rules and regulations governing the installation of electrical wiring in residences and such person shall pay the same permit fee as is required of contractors in this chapter. Nothing herein provided shall apply to servicing of electrical appliances or special equipment installed by the manufacturer. B. Unlicensed persons performing electrical wiring, whether or not for compensation, shall be in violation of this section and subject to the penalties set forth in section 15.03.120 of this chapter. C. Class A License - How Obtained "Class A" License shall only be issued to a person who holds a State of Wisconsin Certificate of Master Electrician desiring to enter into the business of electrical wiring and construction. D. MASTER ELECTRICIAN certification from the State of Wisconsin shall serve as qualification or in the case of a firm or corporation that an employee has such certification. In the case of an employee who holds the Master Electrician certification terminates employment with the fn'm or corporation, said license shall automatically be revoked. E. The Electrical Inspector may investigate any charges or complaints filed which may be brought against the holder of a license and revoke or suspend such license for violations or noncompliance with any of the provisions of this Code on the part of the licensee or any person performing any work under their direction. An aggrieved party may appeal to the Electrical Inspector, or to the Director of the Code Administration Department, in that order. Thereafter, any aggrieved person whose electrician's license has been suspended or revoked may appeal such suspension or revocation in writing to the Common Council which shall conduct a hearing thereon. At such hearing, the aggrieved person may appear, present evidence, call witnesses in his or her behalf and be represented by legal counsel. The Director of Code Administration and/or his/her representative(s) shall also appear and similarly be provided with an opportunity to present evidence, call witnesses in his or her behalf and be represented by legal counsel. The Common Council may overturn or modify (length and/or other conditions) any electrician license suspension or revocation by affirmative vote of not less than four (4) councilmembers regardless of the quorum present. An administrative suspension or revocation shall remain in full force and effect unless modified or overturned by such Common Council vote. F. Any person whose license has been suspended or revoked shall perform no electrical work within the City of Ianesville during the period of suspension or revocation. Suspension shall not be less than 30 days nor more that 180 days. The time shall be determined by the Director of Code Administration. Any person whose license has been suspended shall perform no electrical work within the City of Janesville during the period of suspension. If work is performed while the licensee is suspended, his/her license shall be revoked immediately. Any person whose license shall have been revoked shall wait one (1) year before he/she may make application in the same manner as a new applicant. G. It shall be unlawful for any person with an "A" license to allow the use of his license, directly or indirectly, for the purpose of obtaining local permits for others not directly employed by the licensed individual or company. H. It is further provided that, in the event that the person holding a Class A license shall sever his connections with an electrical fa'm, association or corporation and there is no other person in such firm, association or corporation, or employed by it, who is licensed under this chapter to conduct the business of electrical wiring and contracting, then the Electrical Inspector shall not issue any further permits to any such firm, association or corporation until some member or employee of such fn'm, association or corporation, shall have obtained a license. However, any work in progress, for which a permit has been issued, may be completed, provided that the work done by such ftrm, association or corporation meets the requirements of the Ordinances of the City of Janesville, the National Electrical Code, and the regulations of the State of Wisconsin, and is approved by the Electrical Inspector. I. Renewal of License. Evexy license shall expire on the 30th day of June following the date of its issue and may be renewed upon payment to the City Treasurer of the renewal fee not later than the 30th day of June in the year in which the license expires. Should any person fail to renew his license by the 30th day of June of the year in which such license expires, he will be required to make application for a new license in the same manner as a new applicant, before he will be issued a new license. Temporary licenses shall not be issued. J. License Fees. The fee for a new applicant for a Class A license shall be fifty-five dollars ($55.00). Renewal fee for each succeeding year shall be thirty five dollars ($35.00). K. Homeowners Test 1. The Homeowner's Test shall be given to persons who occupy or will occupy their personal, single-family residence who wish to do their own electrical work. Identification shall be provided at the time of testing, in the form of a driver's license or other picture identification to assure the homeowner is the person taking the test. The passing score for the test shall be 70% or above in order for the homeowner to receive an electrical permit. If the homeowner does not pass the test, they will be allowed to retake the test 45 days from the date of the previous test. This test is to assure that the homeowner is qualified and competent to do electrical wiring in a safe and code complying manner. 2. The homeowners test shall be valid up to 1 year after such test is taken. The electrical permit shall be obtained for the same type of work for which the test was taken. L. Exemptions. The following persons doing electrical work shall be exempt from the license requirements of this code: 1. Officers and employees of the United States while doing electrical work for the United States. 2. Employees of the State of Wisconsin while doing electrical work for the State. 3. Employees of the City of Janesville while doing work for the City. 4. Employees of public utilities regulated by the Public Service Commission of Wisconsin while doing electrical work for such utilities. Section 15.03.060 - ELECTRICAL CONSTRUCTION REQUIREMENTS A. The current National Electrical Code (NEC), adopted by State Electrical Code, Comm Chapter 16 and 5 of the Wisconsin Administrative code, which changes and alterations are hereby adopted, is hereby adopted by reference. A copy of the current NEC and a copy of the Wisconsin Administrative Code Comm Chapter 16 and 5 are kept on file in the office of the Department of Code Administration. However, the following requirements shall control over the current National Electric Code (NEC) and the Wisconsin Administrative Code Cormm Chapter 16 and 5: B. All buildings used in any type of commercial and industrial business shall be wired in conduit or raceways, excluding apartment buildings. All conductors in all commercial buildings hereafter erected, except residences and apartment buildings unless required by the current NEC and Comm Chapter 16, shall be enclosed in raceways. Raceway's shall be the only wiring method used in commercial and industrial buildings. C. Cords shall not be used in place of permanent wiring. Where cords are used, they shall come listed with the equipment from the manufacturer. Where cords are approved and listed with the equipment or are approved for limited use by the Code Administration Department and Fire Department, the approved cords shall be no longer than 6 feet in length from the equipment they supply to the permanent wiring of the building. D. Where electrical services are upgraded or service equipment is replaced, the following work will be required 1. The grounding shall be brought up to existing code requirements according to the current NEC, State Electrical Code, and the roles in this chapter. 2. All wiring in the basement must be brought up to existing electrical codes as stated in (a) above. Any wiring that is visible and is a safety hazard shall be corrected according to all current electrical codes. A minimum of I ground fault circuit interrupter protected receptacle shall be installed in existing basements. New receptacle outlets added shall comply with current electrical codes. 3. Panelboards installed for new electrical services shall have a minimum of 20 spaces for branch circuit breakers. E. All temporary services and permanent services installed on poles or on the surface of any type of building shall have service conductors installed in rigid metal conduit, or intermediate metal conduit, electrical metallic tubing and PVC conduit. F. All temporary wiring used in the construction of the building shall be taken out before buildings are given final inspection. G. Raceways installed for the purpose of communication systems, fiber optic systems or similar systems located in Chapters 7 and 8 in the NEC, shall be installed in accordance with the Chapter 3 of the NEC. H. Mobile Home Parks. Wiring from the utility company to the mobile home panelboard shall be the responsibility of the mobile home park owner. All wiring, except inside the mobile home, shall be done by a licensed electrician and shall be the responsibility of the park owner. Section 15.03.070 - STREET LIGHTING AND TRAFFIC LIGHTS A. Unless otherwise specifically provided by ordinance or resolution of the Council, all electrical work performed on City projects, whether street lighting or traffic signals, or otherwise, shall be constructed and all work done directly by the City without submitting the same for bids. B. All work done except repair work on City owned traffic signals and street lights are required to have permits as def'med in 15.03.040 of this chapter. Section 15.03.080 - INVALIDITY OF PART Invalidity of Part. If any section, subsection, paragraph, clause or provisions of this code shall be adjudged invalid, such adjudication shall apply only to the provisions so adjudged, and the rest of this code shall remain valid and effective. Section 15.03.090 - LIABILITY OF CITY This ordinance shall not be consumed to relieve or lesson the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to anyone injured or any property destroyed by any defect herein nor shall the City be held as assuming any such liability by reason of the inspection authorized herein or certificate of inspection herein provided. Section 15.03.100 - APPEALS All appeals for variance of the NEC & ILHR Chapter 16 shall be made to the State of Wisconsin. Section 15.03.110 - PENALTY A. Any person, fn'm or corporation, or any officer of any corporation, who violates or causes to be violated any provision of the building code or any order issued under the provisions of the building code shall, upon conviction thereof, be freed not less than twenty-five ($25) dollars, nor more than five hundred ($500) dollars, together with the costs of prosecution and in default of payment thereof shall be committed to the Rock County Jail for a term of not less than five (5) days nor more than sixty (60) days. B. It shall be the responsibility of the offender to abate the violations as expeditiously as possible. C. Each and every day that a violation continues constitutes a separate offense. D. The city, in addition to the above penalties, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation, and/or the common council may revoke any license or permit. E. If, in any action, a permit was issued, it shall not constitutes a defense, or shall any error, oversight, or dereliction of duty on the part of the Electrical Inspector constitute a defense. ADOPTED: June 8, 1998 APPROVED: Steven E. Sheiffer, C~ty Managedg ATTEST: ~'A~in Wulf, City Clerk-Treasu~ APPROVED AS TO FORM: City Attomey~ Proposed by: Code Administration Dept. Prepared by: Code Administration Dept. MOTION BY: Noll SECOND BY: Schneider COUNCILMEMBER AYE NAY PASS ~ ABSENT WESTPHAL X MURPHY X STEHURA X BRIEN X O'LEARY X NOLL X SCHNEIDER X