CHAPTER IV. BUILDING AND CONSTRUCTIONCHAPTER IV. BUILDING AND CONSTRUCTION\ARTICLE 2. ELECTRICAL CODE

The standard code known as the National Electrical Code of 2008, a publication of the National Fire Protection Association, the same being a standard code for the installation of electrical wiring and apparatus and available in book and pamphlet form 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. Three (3) copies shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hoisington,” 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 such code shall be punished as provided in section 1-116 of this code.

(Code 2006)

The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-201.

(Code 1985; Code 1991, 4-203)

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 electrical inspector.

(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)   .City - shall mean the territory within the corporate limits of this city.

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

(e)   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 fulltime maintenance is provided and other agencies providing inspections of installations and facilities.

(f)   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.

(g)   Inspector - shall mean any individual who has been appointed by the city manager as building inspector.

(h)   Person - shall mean a natural person, his or her heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors, assigns, or the agent of any of the aforesaid.

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

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

(Code 1985; Code 1997, 4-204)

No persons, firm or corporation shall make any material alteration or addition in existing wiring in any building, nor shall any building, or an addition thereto, be wired for electric lights, motors, heating devices, or any apparatus requiring the use of electric current, before making an application in writing to the city clerk for a permit therefor. Application 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 building and the name of the owner. No permit shall be required for maintenance or minor repair of electrical installations. The application shall be approved by the electrical inspector before the permit is issued and he or she may require the submission of detail plans for the wiring or rewiring of all residential and commercial buildings in the city. The permit shall contain the name of the person or firm doing the wiring work and shall specify the work to be done in accordance with the application. The permit shall be placed in such a manner upon the premises that it is visible to the public from the street or public right-of-way and shall remain on the premises for public inspection during the performance of the work and the completion of the same.

(Ord. 1118, Sec. 1; Code 1997, 4-205)

Permits to do electrical wiring work covered by this article shall be issued only to licensed and bonded electricians or contractors or property owners in accordance with the provisions of section 4-214.

(Code 1962, 5-304; Code 1985; Code 1997, 4-206)

(a)   The building inspector, either in person or through his or her assistants, shall assume the supervision of all electrical installations of wiring and electrical equipment within or on any structure or premises within the corporate limits of the city. He or she shall also inspect all new installations of wiring done before work is concealed from view and again inspect each job on completion of the work. He or she shall also keep complete records of all electrical permits issued and inspections made. It shall be his or her duty generally to enforce the provisions of this article.

(b)   In order to carry out the provisions of this article, the electrical inspector, or any of his or her assistants, shall have the authority during reasonable hours to enter into any building or go upon any premises in the discharge of his or her official duties for the purpose of making inspections, and tests of an installation of electrical wiring, devices, appliances and equipment contained therein. He or she shall have authority to disconnect (or order the disconnection of) any electrical wiring or equipment in case of emergency, when necessary for the protection of life and property.

(c)   The electrical inspector is hereby empowered to disconnect or 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, appliances or equipment out of service until the same is made safe and conforms to the approved standards provided for in this article.

(Code 1962, 5-306; Code 1997, 4-207)

Upon the completion of any electrical work covered by this article, it shall be the duty of the person doing such work to notify the electrical inspector and request that it be inspected; after which such work shall be promptly inspected.

(Code 1962, 5-307; Code 1985; Code 1997, 4-208)

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 electrical inspector and such equipment shall not be concealed until it has been inspected, approved or authorized by the electrical 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 building inspector due notice and inspections shall be made periodically during the progress of the work.

The building 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 1962, 5-307; Code 1985; Code 1997, 4-209)

When the electrical 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 electrical 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 electrical 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 electrical 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; Code 1997, 4-210)

No certificate shall be issued, as provided in the preceding section, until the person, firm, or corporation applying therefor, shall have paid the city treasurer for such inspection fees at the following rates:

All outlets up to 75 (including switch outlets) - $25.00;

All over 75 outlets, per outlet - $0.25;

Extra trips, beyond two inspections - $10.00;

Main entrance wiring and box - $10.00;

For each motor up to 15 H.P. -$2.00;

For each motor over 15 H.P. -$5.00;

For each electric sign - $10.00;

(Code 1962, 5-308; Ord. 1008, Sec. 10; Code 2006; Res. 15-2013)

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 electrical inspector, until a certificate of approval has been issued by the electrical inspector authorizing the connection and use of such equipment. The electrical inspector may, at his or her discretion, authorize a temporary connection.

(Code 1962, 5-307; Code 1985; Code 1997, 4-212)

The electrical 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 electrical inspector.

(Code 1985; Code 1997, 4-213)

(a)   If in the judgment of the building 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 shalt have been made safe and the inspector shall have issued a certificate of approval to that effect.

(b)   It shall be the duty of the electrical 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.

(c)   When the electrical 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 building inspector by the governing body, upon the receipt of which the governing body shall at once proceed to determine the facts, and make a decision in accordance with their findings. The decisions of the governing body shall be final.

(Code 1962, 5-309; Code 1985; Code 1997, 4-214)

Nothing herein contained shalt prohibit any property owner from personally installing electrical wiring or equipment within and upon his or her single family dwelling; provided, the owner shall satisfy the building 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 licensed electrical contractor.

(Code 1962, 5-304, 5-406(c); Code 1985; Code 1997, 4-215)

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; Code 1997, 4-216)

The following rules and regulations shall be observed for wiring:

(a)   All service entrance conductors to structures shall be provided with a main disconnection switch or breaker of the safety enclosed type so marked as to indicate whether the switch is in the “On” or “Off' position and shall be located at a readily accessible point nearest to the entrance of the conductors or must have approval of the electrical inspector. The disconnecting switch shall control all circuits and devices. All wiring for light, heat, or power within any structure shall be installed by means approved by the adopted edition of the National Electrical Code for the types of structures.

(Ord. 1122, Sec. 1; Code 1997, 4-217)

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. The maker's name, trade mark or other identification symbol shall be placed on all electrical material, device, appliance and equipment installed under this article.

(Code 1962, 5-301; Code 1985; Code 1997, 4-218)

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 1962, 5-310; Code 1985; Code 1997, 4-219)

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; Code 1997, 4-220)

An electrician or electrical contractor shall, before engaging in business in the city, secure a valid license or a certificate to engage in such occupation or business from the city clerk.

(Code 1962, 5-401; Code 1985; Code 1997, 4-221)

(a)   Any person, firm, co-partnership or corporation desiring to engage in the occupation or business of installing electrical wiring and/or electrical equipment, motors, devices or appliances shall, for purposes of this article, be licensed as “electrical contractors.” The application for an electrical contractor's license shall state the proper name of the firm, company or corporation, the names of the firm's or company's members (if individuals or a partnership), or officers of the corporation (if a corporation), the business address or home office, and shall have attached thereto the name or names of the electricians employed, the number usually employed in the city, and the training or experience of such employees. Such application shall be signed by such individual, a member of the firm or company or the principal officer of the corporation or his, her or their duly authorized agent, and be verified.

(b)   Upon filing of the application with the city clerk, the city manager shall determine the qualifications of the applicant. If the applicant is found to be qualified to engage in business as an electrical contractor, in accordance with the laws of the city, the city manager will direct the city clerk to issue a license to such contractor upon payment of the required license fee or fees, and the filing of a corporate surety bond as hereinafter provided.

(Code 1962, 5-402; Ord. 1344; Code 2006)

(a)   Any person desiring to engage in the occupation of installing electrical wiring and/or electrical equipment, devices or appliances as an employee for an electrical contractor as herein defined in the city shall first make application in writing to the city clerk for a certificate to engage in such occupation. Each such application shall be signed individually by the applicant and verified under oath, and shall state the name of the applicant, his or her firm or business name, place of business in the city, or otherwise his or her home office address, his or her age and qualifications, and where previously licensed or certificated as an electrician.

(b)   Upon the filing of such application, the city manager shall make such examination as may be deemed necessary touching the professional skill or knowledge of such applicant, respecting the electrical code of the city. If the applicant shall be deemed to be qualified to engage in the occupation of electrical wiring as provided by this article, the council shall authorize and direct the issuance of a certificate to such applicant, upon payment of the required fee or fees.

(Code 1962, 5-403; Ord. 1344; Code 2006)

(a)   The license fees hereinbefore required to be paid, shall be as follows:

(1)   Electrical contractors: - $85.00;

(2)   Electrician's certificate - $25.00.

(b)   All such licenses shall be dated as of the time of issuance and shall expire on the 31st day of December next following date of issuance. All such licenses shall be renewable on or before the date of expiration and upon payment of the fees or taxes required in the case of the original application.

(Code 1962, 5-404; Ord. 1008, Ord. 1374; Res. 15-2013)

(a)   Before any license shall be issued to any contractor required by this article to obtain a license and pay a fee to the city, the contractor shall procure and maintain a liability insurance policy issued by some insurance company authorized to do business in the State of Kansas, A builder or building contractor 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.

(b)   The licensee shall assume all risks incident to or in connection with its business and shall indemnify, defend and save the city harmless from damages or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the licensee's business and arising from acts or omissions of its employees and shall indemnify, defend and save harmless the city from any and all claims, suits, losses, damages, or injuries to any person or property of whatever kind or nature arising directly or indirectly out of the business or resulting from the carelessness, negligence or improper conduct of the licensee or any of its agents or employees.

(c)   The licensee shall carry workmen's compensation and employer’s liability in accordance with state laws and shall carry comprehensive general liability insurance, including broad form property damage liability and completed operations, in the following amounts:

(1)   Bodily Injury: $500,000 for the injury or death in anyone accident.

(2)   Property Damage: $250,000 per accident.

(d)   The insurance policies shall be issued by a company approved by the city. The city shall be furnished with a certificate of such insurance, which shall provide that such insurance shall not be changed or canceled without 10 days prior written notice to the city. Certificates of insurance shall be delivered to the city prior to issuance of the license.

(Ord. 1072, Sec. 2; Code 2006)

(a)   Any person, firm, company or institution engaged in other businesses or enterprises and having electricians in their employ to install electrical wiring or equipment in connection therewith, or to maintain the same or doing his, her or their own electrical work on buildings or equipment used, owned or occupied by himself, herself or themselves shall be required to obtain a license and file a bond in connection with such electrical work incidental to such other business, use or occupancy the same as an electrical contractor.

(b)   Any property owner who shall file with the city clerk his or her affidavit that the electrical work for which he or she requests a permit is to be done by him or her in a building owned and occupied by him or her as his or her homestead, and further stating that he or she will not hire anyone nor request anyone to do the work for him or her, either for money or for nothing, and in case the work is not approved by the electrical inspector, that he or she will employ a licensed electrical contractor to correct the violations and complete such work, shall be entitled to such homeowners permit.

(Code 1962, 5-407; Code 2006)

It shall be unlawful for any licensee or certificated person under the terms of this article to permit his, her or its license or name to be used by any person, firm, or corporation, either directly or indirectly, either for the purpose of obtaining a permit under the city electrical article or for the doing of any electrical work thereunder. Any license or certificate so used may be suspended or revoked as provided in section 4-227.

(Code 1962, 5-407; Code 1985; Code 1997, 4-228)

The city manager on his or her own motion, or on complaint of the city building inspector, may suspend any license or certificate issued under the conditions of this article upon reasonable notice to and opportunity for a hearing on such suspension given to any licensee or certificated person who or which shall:

(1)   Fail to file or renew any surety bond as required by law;

(2)   Permit others to use his, her or its license or certificate;

(3)   Failure to correct defective work in accordance with a lawful order of the inspector; and

(4)   Failure to observe any provision of the city electrical code pertaining to permits, inspections or standards of installations. Any such license or certificate suspension may extend for a period not to exceed 30 days unless the city council shall upon an appeal by the licensee or certificated person from the order of suspension terminate the same. The council may on satisfactory evidence of repeating violations of the city laws suspend such license or certificate for not to exceed the period for which the license or certificate may be valid without renewal, not exceeding six months. No license fee or certificate fee or occupation tax shall in any event be refunded by the city.

(Code 1962, 5-408; Code 1997, 4-229)

(a)   Any person, firm, corporation or organization of any kind who violates any provision of this article shall be subject to the general penalties specified in section 1-116 of this code.

(b)   Each and every 24-hour period after an official notice of a violation of this article has been given to person, firm, corporation or organization of any kind who or which is in violation of this article, and after a reasonable time as specified on the official notice has expired for correction of such violation, shall constitute a separate violation of this code.

(Code 1985; Code 1997, 4-230)