Sec. 6-44. Amendments to National Electrical Code.

The 2023 National Electrical Code adopted in Section 6-43 is hereby amended as follows:

   a.    Section 90.4(A) is hereby amended by adding the following subsections:

(1) Code compliance agency; Building official. The Building Services Department is the code compliance agency. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. The Chief building official or designee is hereby appointed as the Administrative Authority Having Jurisdiction for purposes of this code. In exercising such powers, the Administration Having Authority or designee shall have the same authority as granted to the building official and code official in the other International Codes. Code-certified inspectors shall perform inspections and shall enforce the Code in the inspectors' jurisdiction.

(2) Liability. The Authority Having , member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act or by reason of any act or omission in the discharge of official duties.

(3) Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. Indemnification of City officials, City employees, and members of City Council appointed boards is governed by City Code Section 2-62.

(4) Violation penalties. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this code. Penalties for violations of this code are set forth in City Code Section 1-4.

(5) Appeals and variances. Appeals and variances regarding this Code are governed by City Code Section 6-25 .

 

   b.   Amend the Definitions in Article 100, Chapter 1, General, Part 1, General, by amending the first paragraph of the definition of Authority Having Jurisdiction and deleting the Informational Note therein, and also adding definitions for Chief Electrical Inspector and Electrical Inspector, with no other changes to the Definitions, as follows:

 

   Authority Having Jurisdiction (AHJ). An organization, office, or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation, or a procedure. The Building Official or designee is hereby designated as the Authority Having Jurisdiction, and is authorized to interpret and enforce the provisions of this Code.

 

   Chief Electrical Inspector. An electrical inspector who either is the authority having jurisdiction or is designated by the authority having jurisdiction and is responsible for administering the requirements of this Code.

 

   Electrical Inspector. An individual authorized to perform electrical inspections.

 

    c.   Add a new Section 110.1.1 to read as follows:

 

110.1.1. Electrical fences prohibited. Electrical fences shall be prohibited as set forth in City Code Section 6-39.

 

   d.   Amend Section 210.8(A) by adding a new Exception No. 5 to read as follows:
Exception No. 5: Refrigeration equipment including freezer, refrigerator, and Air Conditioning equipment when installed on a dedicated circuit.

 

         e.    Amend Section 210.8(F) by amending Exception No. 2 to read as follows:
Exception No. 2: GFCI protection shall not be required for HVAC equipment.
  

   f.    Amend Section 210.11, Subsection (C) (3), by deleting the Exception.

 

   g.    Amend Section 210.52(C)(3) by adding a new Subsection (4) to read as follows:
(4) Receptacle outlets shall be permitted to be mounted not more than 300 mm (12") below a countertop or work surface.

   h.    Amend Section 210.52(G), by adding the following sentence at the end:
            Receptacles shall be a minimum of 18" above finished floor.

   i.     Amend Informative Annex H, Section 80.1, of Chapter 9, by adding the following sentence at the end:
      Informative Annex H, Article 80 of Chapter 9 is hereby adopted, except where otherwise amended herein.

   j.     Amend Informative Annex H, Section 80.2 of Chapter 9 to read as follows:

   Authority Having Jurisdiction. The organization, office, or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation, or a procedure. The Building Official or designee is hereby designated as the Authority Having Jurisdiction, and is authorized to interpret and enforce the provisions of this Code.
   

Chief Electrical Inspector. An electrical inspector who either is the Authority Having Jurisdiction or is designated by the Authority Having Jurisdiction and is responsible for administering the requirements of this Code.
   

Electrical Inspector. An individual authorized to perform electrical inspections.

   k. Delete current Section 80.15 of Informative Annex H of Chapter 9 in its entirety and adopt a new Section 80.15 to read as follows:

      80.15. Appeals and variances. Appeals and variances regarding this Code are governed by City Code Section 6-25. See Section 90.4(A).

l. Delete current Section 80.23 of Informative Annex H of Chapter 9 in its entirety and adopt a new Section 80.23 of Annex H to read as follows:

      80.23. Violations and Penalties. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this code. Penalties for violations of this Code are set forth in City Code Section 1-4. See Section 90.4(A).

   m. Delete Section 80.27 of Informative Annex H in its entirety.
   

   n. Amend Section 80.29 of Informative Annex H to read as follows:

      80.29. Liability for Damages and Indemnification. Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electric equipment for damages to persons or property caused by a defect therein, nor shall the City of Tyler or any of its employees be held as assuming any such liability by reason of the inspection, re-inspection, or other examination authorized. Indemnification of City officials, City employees, and members of City Council appointed boards is governed by City Code Section 2-62. See Section 90.4(A).
      

   o.    Informative Annex H, Sections 80.31, 80.33 and 80.35 of Chapter 9 are Deleted.

(Ord. No. O-2008-141, 11/12/08) (Ord. No. O-2018-10; 1/24/18) (O-2019-72; 8/28/19) (Ord. No. 0-2023-107; 10/25/23)