The National Electrical Code, 2023 edition, NFPA 70, is adopted in its entirety, save and except Informative Annex H, which is not adopted; and the following amendments, which are adopted as local amendments by the City of Big Spring.
80.1 Scope.
The following functions are covered:
(1) The inspection of electrical installations as covered by 90.2.
(2) The investigation of fires caused by electrical installations
(3) The review of construction plans, drawings, and specifications for electrical systems
(4) The design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment
(5) The regulation and control of electrical installations at special events including but not limited to exhibits, trade shows, amusement parks, and other similar special occupancies
80.2 Definitions.
Authority Having Jurisdiction. The City of Big Spring.
Chief Electrical Inspector. The building official, or another individual designated by the City Manager, who is responsible for administering the requirements of this Code.
Electrical Inspector. An individual appointed by the Chief Electrical Inspector with the consent of the City Manager and authorized to perform electrical inspections.
80.3 Purpose. The purpose of this article shall be to provide requirements for administration and enforcement of the National Electrical Code.
80.7 Title. The title of this Code shall be NFPA 70®, National Electrical Code®, of the National Fire Protection Association. The short title of this Code shall be the NEC®.
80.9 Application.
(A)New Installations. This Code applies to new installations. Buildings with construction permits dated after adoption of this Code shall comply with its requirements.
(B)Existing Installations. Existing electrical installations that do not comply with the provisions of this Code shall be permitted to be continued in use unless the authority having jurisdiction determines that the lack of conformity with this Code presents an imminent danger to occupants. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard.
(C)Additions, Alterations, or Repairs. Additions, alterations, or repairs to any building, structure, or premises shall conform to that required of a new building without requiring the existing building to comply with all the requirements of this Code. Additions, alterations, installations, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the Code in force at the time the additions are made.
80.11 Occupancy of Building or Structure.
(A)New Construction. No newly constructed building shall be occupied in whole or in part in violation of the provisions of this Code.
(B)Existing Buildings. Existing buildings that are occupied at the time of adoption of this Code shall be permitted to remain in use provided the following conditions apply:
(1) The occupancy classification remains unchanged.
(2) There exists no condition deemed hazardous to life or property that would constitute an imminent danger.
80.13 Authority. Where used in this article, the term authority having jurisdiction shall include the chief electrical inspector or other individuals designated by the City Manager. This Code shall be administered and enforced by the following authority having jurisdiction: the building official or another person designated by the City Manager.
(1) The authority having jurisdiction shall be permitted to render interpretations of this Code in order to provide clarification to its requirements, as permitted by 90.4.
(2) When the use of any electrical equipment or its installations is found to be dangerous to human life or property, the authority having jurisdiction shall be empowered to have the premises disconnected from its source of electric supply, as established by the Board. When such equipment or installation has been so condemned or disconnected, a notice shall be placed thereon listing the causes for the condemnation, the disconnection, or both, and the penalty under 80.23 for the unlawful use thereof. Written notice of such condemnation or disconnection and the causes therefor shall be given within 24 hours to the owners, the occupant, or both, of such building, structure, or premises. It shall be unlawful for any person to remove said notice, to reconnect the electrical equipment to its source of electric supply, or to use or permit to be used electric power in any such electrical equipment until such causes for the condemnation or disconnection have been remedied to the satisfaction of the inspection authorities.
(3) The authority having jurisdiction shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this Code.
(4) Police, fire, and other enforcement agencies shall have authority to render necessary assistance in the enforcement of this Code when requested to do so by the authority having jurisdiction.
(5) The authority having jurisdiction shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or equipment as set forth in this Code. The authority having jurisdiction shall be permitted to order any person(s) to remove or remedy such dangerous or hazardous condition or equipment. Any person(s) failing to comply with such order shall be in violation of this Code.
(6) Where the authority having jurisdiction deems that conditions hazardous to life and property exist, he or she shall be permitted to require that such hazardous conditions in violation of this Code be corrected.
(7) To the full extent permitted by law, any authority having jurisdiction engaged in inspection work shall be authorized at all reasonable times to enter and examine any building, structure, or premises for the purpose of making electrical inspections. Before entering a premises, the authority having jurisdiction shall obtain the consent of the occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection except in those instances where an emergency exists. As used in this section, emergency means circumstances that the authority having jurisdiction knows, or has reason to believe, exist and that reasonably can constitute immediate danger to persons or property.
(8) Persons authorized to enter and inspect buildings, structures, and premises as herein set forth shall be identified by proper credentials issued by this governing authority.
(9) Persons shall not interfere with an authority having jurisdiction carrying out any duties or functions prescribed by this Code.
(10) Persons shall not use a badge, uniform, or other credentials to impersonate the authority having jurisdiction.
(11) The authority having jurisdiction shall be permitted to investigate the cause, origin, and circumstances of any fire, explosion, or other hazardous condition.
(12) The authority having jurisdiction shall be permitted to require plans and specifications to ensure compliance with this Code.
(13) Whenever any installation subject to inspection prior to use is covered or concealed without having first been inspected, the authority having jurisdiction shall be permitted to require that such work be exposed for inspection. The authority having jurisdiction shall be notified when the installation is ready for inspection and shall conduct the inspection within _______ days.
(14) The authority having jurisdiction shall be permitted to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants.
(15) The authority having jurisdiction shall be permitted to waive specific requirements in this Code or permit alternative methods where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety. Technical documentation shall be submitted to the authority having jurisdiction to demonstrate equivalency and that the system, method, or device is approved for the intended purpose.
(16) Each application for a waiver of a specific electrical requirement shall be filed with the authority having jurisdiction and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as required to justify the request. The authority having jurisdiction shall keep a record of actions on such applications, and a signed copy of the authority having jurisdiction's decision shall be provided for the applicant.
80.15 Appeals
(A) Board. The Board hearing appeals is the Board of Adjustments and Appeals.
(B) Appeals.
(1) Review of Decisions. Any person, firm, or corporation may register an appeal with the Board for a review of any decision of the Chief Electrical Inspector or of any Electrical Inspector, provided that such appeal is made in writing within fifteen (15) days after such person, firm, or corporation shall have been notified. Upon receipt of such appeal, said Board shall, if requested by the person making the appeal, hold a public hearing and proceed to determine whether the action the authority having jurisdiction, the Chief Electrical Inspector, or of the Electrical Inspector complies with this law and, within fifteen (15) days after receipt of the appeal or after holding the hearing, shall make a decision in accordance with its findings.
(2) Conditions. Any person shall be permitted to appeal a decision of the authority having jurisdiction to the Board when it is claimed that any one or more of the following conditions exist:
a. The true intent of the codes or ordinances described in this Code has been incorrectly interpreted.
b. The provisions of the codes or ordinances do not fully apply.
c. A decision is unreasonable or arbitrary as it applies to alternatives or new materials.
(3) Submission of Appeals. A written appeal, outlining the Code provision from which relief is sought and the remedy proposed, shall be submitted to the authority having jurisdiction within 15 calendar days of notification of violation.
80.17 Records and Reports. The authority having jurisdiction shall retain records in accordance with 80.17(A) and (B).
(A)Retention. The authority having jurisdiction shall keep a record of all electrical inspections, including the date of such inspections and a summary of any violations found to exist, the date of the services of notices, and a record of the final disposition of all violations. All required records shall be maintained until their usefulness has been served or as otherwise required by law.
(B)Availability. A record of examinations, approvals, and variances granted shall be maintained by the authority having jurisdiction and shall be available for public review as prescribed by law during normal business hours.
80.19 Permits and Approvals. Permits and approvals shall conform to 80.19(A) through (H).
(A) Application.
(1) Activity authorized by a permit issued under this Code shall be conducted by the permittee or the permittee's agents or employees in compliance with all requirements of this Code applicable thereto and in accordance with the approved plans and specifications. No permit issued under this Code shall be interpreted to justify a violation of any provision of this Code or any other applicable law or regulation. Any addition or alteration of approved plans or specifications shall be approved in advance by the authority having jurisdiction, as evidenced by the issuance of a new or amended permit.
(2) A copy of the permit shall be posted or otherwise readily accessible at each work site or carried by the permit holder as specified by the authority having jurisdiction.
(B) Content. Permits shall be issued by the authority having jurisdiction and shall bear the name and signature of the authority having jurisdiction or that of the authority having jurisdiction's designated representative. In addition, the permit shall indicate the following:
(1) Operation or activities for which the permit is issued
(2) Address or location where the operation or activity is to be conducted
(3) Name and address of the permittee
(4) Permit number and date of issuance
(5) Period of validity of the permit
(6) Inspection requirements
(C) Issuance of Permits. The authority having jurisdiction shall be authorized to establish and issue permits, certificates, notices, and approvals, or orders pertaining to electrical safety hazards pursuant to 80.23, except that no permit shall be required to execute any of the classes of electrical work specified in the following:
(1) Installation or replacement of equipment such as lamps and of electric utilization equipment approved for connection to suitable permanently installed receptacles
(2) Replacement of flush or snap switches, fuses, lamp sockets, and receptacles, and other minor maintenance and repair work, such as replacing worn cords and tightening connections on a wiring device
(3) The process of manufacturing, testing, servicing, or repairing electrical equipment or apparatus
(D) Annual Permits. In lieu of an individual permit for each installation or alteration, an annual permit shall, upon application, be issued to any person, firm, or corporation regularly employing one or more employees for the installation, alteration, and maintenance of electrical equipment in or on buildings or premises owned or occupied by the applicant for the permit. Upon application, an electrical contractor as agent for the owner or tenant shall be issued an annual permit. The applicant shall keep records of all work done, and the records shall be transmitted periodically to the electrical inspector.
(E) Fee Schedule. On all electrical systems or alterations requiring a permit, a fee for each permit shall be paid as required herein.
General electrical work: | |
Meter loop (new, upgrade, move, or change, per meter) | $40.00 |
Temporary meter loop | $40.00 |
Temporary power pole | $40.00 |
Temporary service on structure | $40.00 |
New service (per meter) | $40.00 |
Electrical safety (inspection) | $25.00 |
Rewire | |
Per sq. ft. (residential) | $40.00 + $0.02 |
Per sq. ft. (commercial) | $40.00 + $0.04 |
(F) Inspection and Approvals.
(1) Upon the completion of any installation of electrical equipment that has been made under a permit other than an annual permit, it shall be the duty of the person, firm, or corporation making the installation to notify the Electrical Inspector having jurisdiction, who shall inspect the work within a reasonable time.
(2) Where the Inspector finds the installation to be in conformity with the statutes of all applicable local ordinances and all rules and regulations, the Inspector 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 connection to the supply of electricity and shall send written notice of such authorization to the supplier of electric service. When a certificate of temporary approval is issued authorizing the connection of an installation, such certificates shall be issued to expire at a time to be stated therein and shall be revocable by the Electrical Inspector for cause.
(3) Reserved.
(4) At regular intervals, the Electrical Inspector having jurisdiction shall visit all buildings and premises where work may be done under annual permits and shall inspect all electrical equipment installed under such permits since the date of the previous inspection. The Electrical Inspector shall issue a certificate of approval for such work as is found to be in conformity with the provisions of Article 80 and all applicable ordinances, orders, rules, and regulations, after payments of all required fees.
(5) If, upon inspection, any installation is found not to be fully in conformity with the provisions of Article 80, and all applicable ordinances, rules, and regulations, the Inspector making the inspection shall at once forward to the person, firm, or corporation making the installation a written notice stating the defects that have been found to exist.
(G) Revocation of Permits. Revocation of permits shall conform to the following:
(1) The authority having jurisdiction shall be permitted to revoke a permit or approval issued if any violation of this Code is found upon inspection or in case there have been any false statements or misrepresentations submitted in the application or plans on which the permit or approval was based.
(2) Any attempt to defraud or otherwise deliberately or knowingly design, install, service, maintain, operate, sell, represent for sale, falsify records, reports, or applications, or other related activity in violation of the requirements prescribed by this Code shall be a violation of this Code. Such violations shall be cause for immediate suspension or revocation of any related licenses, certificates, or permits issued by this jurisdiction. In addition, any such violation shall be subject to any other criminal or civil penalties as available by the laws of this jurisdiction.
(3) Revocation shall be constituted when the permittee is duly notified by the authority having jurisdiction.
(4) Any person who engages in any business, operation, or occupation, or uses any premises, after the permit issued therefor has been suspended or revoked pursuant to the provisions of this Code, and before such suspended permit has been reinstated or a new permit issued, shall be in violation of this Code.
(5) A permit shall be predicated upon compliance with the requirements of this Code and shall constitute written authority issued by the authority having jurisdiction to install electrical equipment. Any permit issued under this Code shall not take the place of any other license or permit required by other regulations or laws of this jurisdiction.
(6) The authority having jurisdiction shall be permitted to require an inspection prior to the issuance of a permit.
(7) A permit issued under this Code shall continue until revoked or for the period of time designated on the permit. The permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit.
(H) Applications and Extensions. Applications and extensions of permits shall conform to the following:
(1) The authority having jurisdiction shall be permitted to grant an extension of the permit time period upon presentation by the permittee of a satisfactory reason for failure to start or complete the work or activity authorized by the permit.
(2) Applications for permits shall be made to the authority having jurisdiction on forms provided by the jurisdiction and shall include the applicant's answers in full to inquiries set forth on such forms. Applications for permits shall be accompanied by such data as required by the authority having jurisdiction, such as plans and specifications, location, and so forth. Fees shall be determined as required by local laws.
(3) The authority having jurisdiction shall review all applications submitted and issue permits as required. If an application for a permit is rejected by the authority having jurisdiction, the applicant shall be advised of the reasons for such rejection. Permits for activities requiring evidence of financial responsibility by the jurisdiction shall not be issued unless proof of required financial responsibility is furnished.
80.20. Miscellaneous
(A) Permit; required; exceptions to licensing requirement. Any homeowner personally installing electrical conductors or equipment within his own home, provided that the owner shall file with the electrical inspector approved plans and specifications, shall satisfy the electrical inspector as to his ability to install electrical wiring, shall apply for and secure a permit, shall pay the required fees, shall do work in accordance with this chapter and shall request the required inspections and obtain a certificate of approval. Homeowner shall sign an electrical liability waiver before obtaining a permit. Personal installation by an owner under this subsection shall be by himself, on his homestead premises.
(B) Sign manufacturer's license. The first annual fee for an electrical sign manufacturer's license shall be $100.00 for the first year, payable in full and in advance, and the annual renewal fee for such a license shall be $50.00, payable in full on the expiration date of the annual period for which license fee was paid theretofore; and shall in no way constitute ability to do electrical installations of their signs.
(C) Electric fences prohibited. Electric fences, whether of the battery or the transformer type, shall not be installed or used in the City of Big Spring.
(D) Outdoor GFCI outlets. Notwithstanding any other provision, Article 210.8(F) is not adopted.
80.21 Plans Review. Review of plans and specifications shall conform to 80.21(A) through (C).
(A) Authority. For new construction, modification, or rehabilitation, the authority having jurisdiction shall be permitted to review construction documents and drawings.
(B) Responsibility of the Applicant. It shall be the responsibility of the applicant to ensure the following:
(1) The construction documents include all of the electrical requirements.
(2) The construction documents and drawings are correct and in compliance with the applicable codes and standards.
(C) Responsibility of the Authority Having Jurisdiction. It shall be the responsibility of the authority having jurisdiction to promulgate rules that cover the following:
(1) Review of construction documents and drawings shall be completed within established time frames for the purpose of acceptance or to provide reasons for nonacceptance.
(2) Review and approval by the authority having jurisdiction shall not relieve the applicant of the responsibility of compliance with this Code.
(3) Where field conditions necessitate any substantial change from the approved plan, the authority having jurisdiction shall be permitted to require that the corrected plans be submitted for approval.
80.23 Notice of Violations, Penalties. Notice of violations and penalties shall conform to 80.23(A) and (B).
(A) Violations.
(1) Whenever the authority having jurisdiction determines that there are violations of this Code, a written notice shall be issued to confirm such findings.
(2) Any order or notice issued pursuant to this Code shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both.
(B) Penalties.
(1) Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction.
(2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense.
(3) Any person, firm, or corporation who shall willfully violate any of the applicable provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine according to Big Spring City Code Section 1-8.
80.25 Connection to Electricity Supply. Connections to the electric supply shall conform to 80.25(A) through (E).
(A) Authorization. Except where work is done under an annual permit and except as otherwise provided in 80.25, it shall be unlawful for any person, firm, or corporation to make connection to a supply of electricity or to supply electricity to any electrical equipment installation for which a permit is required or that has been disconnected or ordered to be disconnected.
(B) Special Consideration. By special permission of the authority having jurisdiction, temporary power shall be permitted to be supplied to the premises for specific needs of the construction project. The Board shall determine what needs are permitted under this provision.
(C) Notification. If, within 25 business days after the Electrical Inspector is notified of the completion of an installation of electric equipment, other than a temporary approval installation, the Electrical Inspector has neither authorized connection nor disapproved the installation, the supplier of electricity is authorized to make connections and supply electricity to such installation.
(D) Other Territories. If an installation or electric equipment is located in any territory where an Electrical Inspector has not been authorized or is not required to make inspections, the supplier of electricity is authorized to make connections and supply electricity to such installations.
(E) Disconnection. Where a connection is made to an installation that has not been inspected, as outlined in the preceding paragraphs of this section, the supplier of electricity shall immediately report such connection to the Chief Electrical Inspector. If, upon subsequent inspection, it is found that the installation is not in conformity with the provisions of Article 80, the Chief Electrical Inspector shall notify the person, firm, or corporation making the installation to rectify the defects and, if such work is not completed within fifteen (15) business days or a longer period as may be specified by the Board, the Board shall have the authority to cause the disconnection of that portion of the installation that is not in conformity.
80.29 Liability for Damages. Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electrical equipment for damages to persons or property caused by a defect therein, nor shall the City of Big Spring or any of its employees be held as assuming any such liability by reason of the inspection, reinspection, or other examination authorized.
(Ord. No. 016-2023, § 2, 2-14-2023)