CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\ARTICLE 4. ELECTRICAL CODE

The standard code known as the National Electrical Code of 2002, a publication of the National Fire Protection Association, the same being a standard code for the installation of electrical wiring and related apparatus is hereby incorporated by reference herein and made a part of this article as authorized and in the manner prescribed by K.S.A. 12-3009:3012. No fewer than three copies of the National Electric Code, 2002 Edition, shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Baldwin City,” and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

Any person violating any provision of the above code shall be punished as provided by section 1-118 of the city code.

(Ord. 1117, Sec. 1; Code 2005)

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-401.

(Code 1985)

All electric wiring for light, heat or power within the fire limits of the city, shall be wired in approved rigid conduit, or electric metallic tubing in all buildings hereafter constructed or additions to existing buildings or for extensions or for additional wiring in such buildings except where written permission is given by the inspector. Flexible metallic conduit or flexible metallic cable may be used for fishing in concealed wall or ceiling spaces of existing buildings or for short flexible connections not in excess of three feet for equipment requiring some flexibility.

(Code 1971, 4-402)

All overhead electric service entrances except those of a temporary nature shall be run in approved rigid conduit or electrical metallic tubing having an internal diameter of not less than three-fourths inch or approved service entrance cable with approved service heads or conduit fittings on their exterior terminals. The service entrance shall be continuous from the service head to the entrance switchbox except for the meter case or enclosure. Service entrance cable shall be fused before entering any combustible wall or partition. Service entrances shall be installed only by and under the direction and supervision of the inspector.

(Code 1971, 4-403)

All mechanical air conditioners having a standard rated capacity of two tons or more using water as a cooling agent shall be equipped with a recirculating water system (tower), and no such air conditioner shall be installed and/or operated without being so equipped.

(Code 1971, 4-405)

The zoning and codes administrator, or his or her authorized designee, shall be responsible for the administration and enforcement of this article and appointment of an inspector in accordance with sections 4-203 and 4-209:212 of this chapter, which apply in a like manner to this article.

(Code 1985)

For the purpose of this article, the words and phrases used herein shall have the meanings ascribed to them in this section, unless the context clearly indicates to the contrary.

(a)      Approved - shall mean approved by the city clerk or his or her designee.

(b)     Authorized person - shall mean any individual, firm or corporation who or which is licensed under the provisions of this article to do the work as permitted under the specified provisions of this article.

(c)      Conductor - shall mean a wire or cable or other form of metal suitable for carrying the electric current or potential.

(d)     Electrical construction - shall mean and include all work and materials used in installing, maintaining or extending a system of electrical wiring and all appurtenances, apparatus or equipment used in connection therewith, inside or attached to any building, structure, lot or premises, except industrial plants where full-time maintenance is provided and other agencies providing inspections of installations and facilities.

(e)      Equipment - shall mean conductors, materials, fittings, devices, appliances, fixtures, apparatus, motors and the like, used as a part of or in connection with an electrical installation.

(f)      Inspector - shall mean the zoning and codes administrator or any individual who has been appointed by the zoning and codes administrator as electrical inspector.

(g)      Special permission - shall mean the written consent of the inspector.

(h)     Special ruling - shall mean a written ruling filed in the office of the inspector.

(Code 2005)

It shall be unlawful for any person to install electrical wiring in any new or remodeled construction or to undertake any installation or construction or repair of electrical power without first having secured a permit from the inspector. The following permit fees shall apply to remodeling or electrical construction where no building permit for new construction is required.

(a)      To secure a permit, the applicant must submit plans and information to the inspector as the inspector may require and to pay the fees as set forth herein. The fees for the permit are to be as follows:

(1)          For single family residences, multiple family dwellings and apartment buildings, the fee shall be a minimum fee of $10.00 plus $.25 for each and every opening, outlet, wall switch or fixture.

(2)          For commercial and industrial buildings, the fee shall be a minimum of $10.00 plus a fee for each equipment connection in the sum of $4.00 each and $.25 for each opening, outlet, wall switch or fixture.

(Code 1990)

The permit holder shall display the permit upon the premises for which issued until the work shall be finally tested and approved.

(Code 1985)

(a)      The zoning and codes administrator, or some person authorized by the zoning and codes administrator, shall act as inspector and shall have the right during reasonable hours to enter any building in the discharge of his or her official duties, or for the purpose of making any inspection or test of the installation of electric wiring, electric devices or electric material contained therein. The individual performing the inspection shall have authority to cause all electrical current dangerous to life or property to be turned off and may cut or disconnect in cases of emergency any wire which may interfere with the work of the fire department.

(b)     The inspector or such other persons designated by the city council, city administrator or zoning and codes administrator, upon proper identification, shall have authority to enter any structure or premises at any reasonable hour in the performance of his or her duties.

(Code 1971, 4-410; Code 2005)

It shall be the duty of every person who shall perform electrical work covered by a permit to immediately notify the inspector upon completion of such work before such work has been concealed or covered in any manner whatsoever. The inspector shall make a reasonable effort to inspect such work within 24 hours and, if it meets the requirements of the electrical code, shall indicate his or her approval. No electrical work shall be enclosed or covered without prior approval of the inspector.

(Code 1990)

When any electric equipment is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the equipment shall notify the inspector and such equipment shall not be concealed until it has been inspected, approved or authorized by the inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification. On large installations, where the concealment of equipment proceeds continuously, the person, firm or corporation installing the electrical equipment shall give the inspector due notice and inspections shall be made periodically during the progress of the work. The inspector shall have the authority to require building contractors to open such work which, in any manner, conceals electrical wiring that has been closed without his or her knowledge or permission, and in no case shall the inspector issue a certificate of approval until satisfied that the work is in accordance with the provisions of this article. The inspector shall also have the right to refuse to issue a certificate of approval on any wiring, that is concealed in such manner that it cannot be fully determined that it has been done in accordance with this article.

(Code 1985)

An inspection fee of $30 for each electric inspection required shall be paid before any electric installation will be approved or a certificate of approval issued.

(Ord. 927, Sec. 1)

When the inspector finds the installation to be in conformity with the provisions of this article, he or she shall issue to the person, firm, or corporation making the installation, a certificate of approval, with duplicate copy for delivery to the owner, authorizing the use of the installation and connection to the supply of electricity. When a certificate of approval is issued authorizing the connection and use of a temporary installation, the certificate shall expire at a time to be stated therein and shall be revocable for cause by the inspector. In no case shall certificates of approval be issued on installations or parts of installations where the work installed does not conform to the requirements of this article. If, upon inspection, the installation is not found to be fully in conformity with the provisions of this article, the inspector shall immediately notify the person, firm, or corporation making the installation of the existing defects. No certificate of approval shall be issued unless the electric conductor or equipment has been installed in strict conformity with the provisions of this article and unless the installation is made in compliance with nationally approved methods of construction for safety to life and property as herein set forth. The inspector shall be deemed the judge of whether the installation of electric conductors and equipment has been made in accordance with the requirements of this article. No certificate of approval shall be required for any of the following:

(a)      The replacement of lamps, fuses, bulbs or the connection of portable electrical equipment to suitable permanently installed receptacles and replacement of receptacles and switches, lighting fixtures and apparatus where no changes or alterations are made to the wiring;

(b)     Any work involved in the manufacturing, repair or testing of any electrical equipment or apparatus, but not including any permanent wiring; or

(c)      Any work in industrial establishments where inspections come under the scope of other inspection agencies.

(Code 1985)

It shall be unlawful for any person, firm, or corporation to make connection to a supply of electricity to any electrical equipment for which an inspection is required, or which has been disconnected by the order of the inspector, until a certificate of approval has been issued by the inspector authorizing the connection and use of such equipment. The inspector may, at his or her discretion, authorize a temporary connection.

(Code 1985)

The inspector shall periodically reinspect existing installation of electrical conductors and equipment. When the installation of any conductors or equipment is found to be in a dangerous or unsafe condition, the person, firm, or corporation owning, using, or operating the installation shall be notified in writing and shall make the necessary repairs or changes required to place the conductors or equipment in safe condition and have the work completed within the period specified by the inspector.

(Code 1971, 4-413; Code 1985)

If in the judgment of the inspector, after inspection, the electrical conductors, appliances or equipment in any building are unsafe or dangerous to persons or property, the inspector shall have the power to cause the wires or appliances to be disconnected from the source of electrical energy supplying these conductors or equipment, and may, at his or her discretion, seal the control switches for the same in an open or disconnected position, whereupon he or she shall give notice to the owner, or his or her agent, or by posting such notice at the site and shall also notify the utilities serving the premises. Thereafter, it shall be unlawful for any person to cause or permit electric current to be supplied to the electrical conductors, appliances or equipment so sealed until they shall have been made safe and the inspector shall have issued a certificate of approval to that effect. It shall be the duty of the inspector to cause all dead wires, unused poles or electric apparatus on the outside of the buildings or in streets or alleys to be removed at the expense of the owners thereof by giving the owners written notice. When the inspector condemns all or part of any electrical installation, the owner may, within five days after receiving written notice thereof, file a petition in writing for review of the action of the inspector by the governing body, upon the receipt of which the governing body shall at once proceed to determine the facts, and within five days make a decision in accordance with their findings.

(Code 1971, 4-413:414; Code 1985)

An electrician or electrical contractor shall, before engaging in business in the city, secure an annual license from the city clerk, and the amount of such annual license is $25.00. Such license shall not be issued until the applicant therefore shall procure and maintain a surety bond or insurance as required in section 4-419 and pay the license fee.

(Code 1971, 4-408; Code 1985)

(a)      No permit to do electrical work within the city shall be issued until a bond in the sum of $1,000 has been filed with the city clerk. The bond, to be approved as to its sufficiency by the mayor and the terms and conditions of this article and all ordinances of the city governing excavations, and will indemnify and hold the city blameless against all costs, expenses, damages or injuries, by reason of the carelessness or negligence of the person or any agent or employee thereof. No bond for this purpose shall run longer than two years and shall remain in full force and effect as to any work done or excavation made for six months after such work or excavation has been completed.

(b)     In lieu of a bond, such person, firm or corporation may file with the city clerk, a certificate of liability insurance covering the work to be performed. The certificate shall show that such person, firm or corporation is covered by a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damages in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. Such person may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days' notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.

(Code 1971, 4-408; Code 1985)

An electrical contractor's license may be revoked where such contractor is responsible for any electrical installation which is a hazard to life and property.

(Code 1971, 4-409; Code 1985)

Nothing herein contained shall prohibit any property owner from personally installing electrical wiring or equipment within and upon his or her own residence; provided, the owner shall satisfy the inspector as to his or her ability to install such electrical wiring, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal installation by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a registered electrical contractor.

(Code 1985)

It shall be unlawful for any unauthorized person to, in any manner, change or alter electrical conductors or equipment in or on any building. If in the course of the erection of a building or structure, electrical conductors or equipment are in such position as to interfere with the erection or completion of the structure, notice shall be immediately given the authorized person or firm installing the electrical conductors or equipment, and the needed change shall be made by such authorized person or firm.

(Code 1985)

No electric materials for wiring of appliances or equipment shall be installed in the city unless they are in conformity with the provisions of this article and with the approved standards of construction for safety to life and property. Conformity of materials for wiring appliances and equipment to the standards of the Underwriters Laboratories, Inc. shall be prima facie evidence that the materials, devices, appliances and equipment comply with the requirements of this article.

(Code 1985)

This article shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability, by reason of the inspection or reinspection authorized herein, or the certificate of approval of any equipment authorized herein.

(Code 1971, 4-404; Code 1985)

If any section of the National Electrical Code shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the National Electrical Code, the section is to be completely severable from the remaining provisions which shall continue in full force and effect.

(Code 1985)