14-50 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-50
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ARTICLE 3.06, "ELECTRICITY," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER AND REPLACING IT WITH A NEW ARTICLE 3.06,
"ELECTRICITY"; ADOPTING THE 2011 EDITION OF THE NATIONAL
ELECTRICAL CODE, SAVE AND EXCEPT THE DELETIONS AND
AMENDMENTS SET FORTH HEREIN; REGULATING THE
CONSTRUCTION, ALTERATION, REMOVAL, USE AND MAINTENANCE
OF ANY ELECTRICAL WIRING, APPARATUS, DEVICE AND/OR SYSTEMS
WITHIN THE TOWN OF PROSPER, TEXAS; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Prosper"), has
investigated and determined that it would be advantageous and beneficial to the citizens of
Prosper to repeal existing Article 3.06, "Electricity," of the Code or Ordinances and replace it
with a new Article 3.06, "Electricity"; and
WHEREAS, the Town Council also has investigated and determined that it would be
advantageous and beneficial to the citizens of the Prosper to adopt the 2011 Edition of the
National Electrical Code, save and except the deletions and amendments set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
Existing Article 3.06, "Electricity," of the Code of Ordinances of the Town of Prosper,
Texas, is hereby repealed in its entirety and replaced with a new Article 3.06, "Electricity," to
read as follows:
"ARTICLE 3.06 ELECTRICITY
Sec. 3.06.001 Code Adopted; amendments
The National Electrical Code, 2011 Edition, copyrighted by the National Fire Protection
Association, including Annex H, save and except the deletions and amendments set forth in
Exhibit "A," attached hereto and incorporated herein for all purposes, is hereby adopted as the
Electrical Code for the town, regulating the construction, alteration, removal, use and/or
maintenance of any electrical wiring, apparatus, device or system within the Town (the "2011
National Electrical Code"). The 2011 National Electrical Code is made a part of this article as if
fully set forth herein. A copy of the 2011 National Electrical Code, 2011 Edition, copyrighted by
the National Fire Protection Association, is on file in the office of the Town Secretary of Prosper
being marked and so designated as the 2011 National Electrical Code.
Sec. 3.07.002 Penalty for violation
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The town retains all legal rights and remedies available to it
pursuant to local, state and federal law."
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective October 1, 2014, after its passage and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 22ND DAY OF JULY, 2014.
APPROVED:
Ray Smithy Mayor
ATTT ST:
Robyn I ttle-, Town Secretary
Ordinance No.14-50,Page 2
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-50, Page 3
Exhibit A
TOWN OF PROSPER AMENDMENTS
2011 NATIONAL ELECTRICAL CODE
The following additions, deletions and amendments to the 2011 National Electrical Code
adopted herein are hereby approved and adopted.
Article 230.71 Maximum Number of Disconnects of the 2011 National Electrical Code is
amended by adding an exception as follows:
230.71 Maximum Number of Disconnects.
(A) General. The service disconnecting means for each service permitted by
230.2, or for each set of service-entrance conductors permitted by 230.40,
Exception No. 1, 3, 4, or 5, shall consist of not more than six switches or sets of
circuit breakers, or a combination of not more than six switches and sets of circuit
breakers, mounted in a single enclosure, in a group of separate enclosures, or in
or on a switchboard. There shall be not more than six sets of disconnects per
service grouped in anyone location.
For the purpose of this section, disconnecting means installed as part of listed
equipment and used solely for the following shall not be considered a service
disconnecting means:
(1) Power monitoring equipment
(2) Surge-protective device(s)
(3) Control circuit of the ground-fault protection system
(4) Power-operable service disconnecting means
Exception: Multi-occupant buildings. Individual service disconnecting means
is limited to six for each occupant. The number of individual disconnects at one
location may exceed six.
Article 310.106 (A) Minimum Size of Conductors of the 2011 National Electrical Code
is amended as follows:
310.106 Conductors.
(A) Minimum Size of Conductors. Branch circuit conductors shall not be
smaller than No. 12 copper or No. 6 aluminum or copper-clad aluminum. The
minimum size of other conductors as identified in this Code shall be as shown in
Table 310.106(A), except as permitted elsewhere in this Code.
Ordinance No.14-50, Page 4
Annex H Administration and Enforcement of the 2011 National Electrical Code is amended
by deleting the entire article and replacing it with the following:
SCOPE, APPLICATION AND ADMINISTRATION
SECTION 101 code specify different materials, methods of
GENERAL construction or other requirements, the most
restrictive shall govern.
iAHI 101.1 Title. These regulations shall be known
as the Electrical Code of The Town of Prosper IAHJ 102.2 Existing installations. Electrical systems
hereinafter referred to as"this code." lawfully in existence at the time of the adoption of
this code shall be permitted to have their use and
IAH) 101.2 Scope. The provisions of this code shall maintenance continued if the use, maintenance or
apply to the erection, installation, alteration, repairs, repair is in accordance with the original design and
relocation, replacement, addition to, use or no hazard to life,health or property is created by such
maintenance of electrical systems within this electrical system.
jurisdiction. This code shall also regulate the
installation of electrical conductors, equipment, and (AH1 102.3 Maintenance. All electrical systems,
raceways; signaling and communications conductors, materials and appurtenances, both existing and new,
equipment, and raceways; and optical fiber cables and all parts thereof, shall be maintained in proper
and raceways as identified in Article 90 of this code. operating condition in accordance with the original
Provisions in the appendices shall not apply unless design in a safe condition. All devices or safeguards
specifically adopted. required by this code shall be maintained in
compliance with the code edition under which they
Exception: Detached one- and two-family were installed. The owner or the owner's designated
dwellings and multiple single-family agent shall be responsible for maintenance of
dwellings (townhouses) not more than three electrical systems. To determine compliance with this
stories high with separate means of egress provision, the code official shall have the authority to
and their accessory structures shall comply require any electrical system to be reinspected.
with the International Residential Code.
IAHJ 102.4 Additions, alterations or repairs.
IAHJ 101.3 Intent. The purpose of this code is to Additions, alterations, renovations or repairs to any
provide minimum standards to safeguard life or limb, electrical system shall conform to that required for a
health, property and public welfare by regulating and new electrical system without requiring the existing
controlling the design, construction, installation, electrical system to comply with all the the
quality of materials, location, operation and of this code unless otherwise determined by the code
maintenance or use of electrical systems and official that it is necessary to change part of or all of
equipment. the existing electrical system to safeguard life or
limb, health, property and public welfare. Additions,
IAH) 101.4 Severability. If any section, subsection, alterations or repairs shall not cause an existing
sentence, clause or phrase of this code is for any system to become unsafe, insanitary or overloaded.
reason held to be unconstitutional, such decision shall Minor additions, alterations, renovations and repairs
not affect the validity of the remaining portions of to existing electrical systems shall meet the
this code. provisions for new construction, unless such work is
done in the same manner and arrangement as was in
SECTION 102 the existing system, is not hazardous and is approved.
APPLICABILITY
iAH1 102.5 Change in occupancy. It shall be
IAHJ 102.1 General. Where there is a conflict unlawful to make any change in the occupancy of any
between a general requirement and a specific structure that will subject the structure to any special
requirement, the specific requirement shall govern. provision of this code applicable to the new
Where, in any specific case, different sections of this occupancy without approval of the code official. The
code official shall certify that such structure meets
the intent of the provisions of law governing building
Ordinance No.14-50,Page 5
construction for the proposed new occupancy and JAHI 102.10 Other laws. The provisions of this code
that such change of occupancy does not result in any shall not be deemed to nullify any provisions of local,
hazard to the public health, safety or welfare. state or federal law.
JAHI 102.6 Historic buildings. The provisions of JAH) 102.11 Application of references. Reference
this code relating to the construction, alteration, to chapter section numbers, or to provisions not
repair, enlargement, restoration, relocation or moving specifically identified by number, shall be construed
of buildings or structures shall not be mandatory for to refer to such chapter, section or provision of this
existing buildings or structures identified and code.
classified by the state or local jurisdiction as historic
buildings when such buildings or structures are SECTION 103
judged by the code official to be safe and in the DEPARTMENT OF ELECTRICAL
public interest of health, safety and welfare regarding INSPECTION
any proposed construction, alteration, repair,
enlargement, restoration, relocation or moving of [AHJ 103.1 General. The department of electrical
buildings. inspection is hereby created and the executive official
in charge thereof shall be known as the code official.
[AHD 102.7 Moved buildings. Except as determined
by Section 102.2, electrical systems that are a part of JAHI 103.2 Appointment. The code official shall be
buildings or structures moved into or within the appointed by the chief appointing authority of the
jurisdiction shall comply with the provisions of this jurisdiction.
code for new installations.
JAHI 103.3 Deputies. In accordance with the
JAH) 102.8 Referenced codes and standards. The prescribed procedures of this jurisdiction and with the
codes and standards referenced in this code, when concurrence of the appointing authority, the code
specifically adopted, shall be considered as part of official shall have the authority to appoint a deputy
the requirements of this code to the prescribed extent code official, other related technical officers,
of each such reference. Where the differences occur inspectors and other employees. Such employees
between provisions of this code and the referenced shall have powers as delegated by the code official.
standards, the provisions of this code shall be the
minimum requirements. Whenever amendments (AHD 103.4 Liability. The code official, member of
have been adopted to the referenced codes and the board of appeals or employee charged with the
standards, each reference to said code and standard enforcement of this code, while acting for the
shall be considered to reference the amendments as jurisdiction in good faith and without malice in the
well. discharge of the duties required by this code or other
pertinent law or ordinance, shall not thereby be
JAHJ 102.8.1 Conflicts. Where conflicts occur rendered liable personally, and is hereby relieved
between provisions of this code and the referenced from all personal liability for any damage accruing to
standards,the provisions of this code shall apply. persons or property as a result of any act or by reason
of an act or omission in the discharge of official
JAHI 102.8.2.Provisions in referenced codes and duties. Any suit instituted against any officer or
standards. Where the extent of the reference to a employee because of an act performed by that officer
referenced code or standard includes subject matter or employee in the lawful discharge of duties and
that is within the scope of this code,the provisions of under the provisions of this code shall be defended by
this code, as applicable, shall take precedence over the legal representative of the jurisdiction until the
the provisions in the referenced code or standard. final termination of the proceedings. The code
official or any subordinate shall not be liable for costs
JAH) 102.9 Requirements not covered by code. in any action, suit or proceeding that is instituted in
Any requirements necessary for the strength, stability pursuance of the provisions of this code.
or proper operation of an existing or proposed
electrical system, or for the public safety, health and SECTION 104
general welfare, not specifically covered by this code DUTIES AND POWERS OF THE CODE
shall be determined by the code official. OFFICIAL
JAHI 104.1 General. The code official is hereby
authorized and directed to enforce the provisions of
Ordinance No.14-50, Page 6
this code. The code official shall have the authority to [AHJ 104.5 Identification. The code official shall
render interpretations of this code and to adopt carry proper identification when inspecting structures
policies and procedures in order to clarify the or premises in the performance of duties under this
application of its provisions. Such interpretations, code.
policies and procedures shall be in compliance with
the intent and purpose of this code. Such policies and JAHI 104.6 Notices and orders. The code official
procedures shall not have the effect of waiving shall issue all necessary notices or orders to ensure
requirements specifically provided for in this code. compliance with this code.
JAHJ 104.2 Applications and permits. The code JAHJ 104.7 Department records. The code official
official shall receive applications, review shall keep official records of applications received,
construction documents and issue permits for the permits and certificates issued, fees collected, reports
installation and alteration of electrical systems, of inspections, and notices and orders issued. Such
inspect the premises for which such permits have records shall be retained in the official records for the
been issued, and enforce compliance with the period required for the retention of public records.
provisions of this code.
SECTION 105
JAHJ 104.3 Inspections. The code official shall APPROVAL
make all the required inspections, or shall accept
reports of inspection by approved agencies or [AHJ 105.1 Modifications. Whenever there are
individuals. All reports of such inspections shall be in practical difficulties involved in carrying out the
writing and be certified by a responsible officer of provisions of this code, the code official shall have
such approved agency or by the responsible the authority to grant modifications for individual
individual. The code official is authorized to engage cases, upon application of the owner or owner's
such expert opinion as deemed necessary to report on representative, provided the code official shall first
unusual technical issues that arise, subject to the find that special individual reason makes the strict
approval of the appointing authority. letter of this code impractical and the modification
conforms to the intent and purpose of this code and
JAHJ 104.4 Right of entry. Whenever it is necessary that such modification does not lessen health, life and
to make an inspection to enforce the provisions of fire safety requirements. The details of action
this code, or whenever the code official has granting modifications shall be recorded and entered
reasonable cause to believe that there exists in any in the files of the electrical inspection department.
building or upon any premises any conditions or
violations of this code that make the building or JAHI 105.2 Alternative materials, methods and
premises unsafe, dangerous or hazardous, the code equipment. The provisions of this code are not
official shall have the authority to enter the building intended to prevent the installation of any material or
or premises at all reasonable times to inspect or to to prohibit any method of construction not
perform the duties imposed upon the code official by specifically prescribed by this code, provided that
this code. If such building or premises is occupied, any such alternative has been approved. An
the code official shall present credentials to the alternative material or method of construction shall
occupant and request entry. If such building or be approved where the code official finds that the
premises is unoccupied, the code official shall first proposed alternative material, method or equipment
make a reasonable effort to locate the owner or other complies with the intent of the provisions of this code
person having charge or control of the building or and is at least the equivalent of that prescribed in this
premises and request entry. If entry is refused, the code.
code official shall have recourse to every remedy
provided by law to secure entry. When the code JAH1 105.2.1 Research reports. Supporting data,
official shall have first obtained a proper inspection where necessary to assist in the approval of materials
warrant or other remedy provided by law to secure or assemblies not specifically provided for in this
entry, no owner or occupant or person having charge, code, shall consist of valid research reports from
care or control of any building or premises shall fail approved sources.
or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the 1AH1 105.3 Required testing. Whenever there is
code official for the purpose of inspection and insufficient evidence of compliance with the
examination pursuant to this code. provisions of this code, or evidence that a material or
method does not conform to the requirements of this
Ordinance No. 14-50, Page 7
code, or in order to substantiate claims for alternate indicate the proposed occupancy of all parts of the
materials or methods, the code official shall have the building and of that portion of the site or lot, if any,
authority to require tests as evidence of compliance not covered by the building or structure and shall
to be made at no expense to the jurisdiction. contain such other information required by the code
official.
JAH] 105.3.1 Test methods. Test methods shall be
as specified in this code or by other recognized test IAHI 106.3.1 Construction documents.
standards. In the absence of recognized and accepted Construction documents, engineering calculations,
test methods, the code official shall approve the diagrams and other such data shall be submitted, as
testing procedures. required by the code official_ with each application
for a permit. The code official shall require
IAHI 105.3.2 Testing agency. All tests shall be construction documents, computations and
performed by an approved agency. specifications to be prepared and designed by a
registered design professional when required by state
JAH] 105.3.3 Test reports. Reports of tests shall be law. Construction documents shall be drawn to scale
retained by the code official for the period required and shall be of sufficient clarity to indicate the
for retention of public records. location, nature and extent of the work proposed and
show in detail that the work conforms to the
JAH] 105.4 Approved materials and equipment. provisions of this code. Construction documents for
Materials, equipment and devices approved by the buildings more than two stories in height shall
code official shall be constructed and installed in indicate where penetrations will be made for pipes,
accordance with such approval. conduits, wiring, equipment, fittings and components
and shall indicate the materials and methods for
]AH1 105.4.1 Material and equipment reuse. maintaining required structural safety, fire-resistance
Materials, equipment and devices shall not be reused rating and fireblocking,
unless such elements have been reconditioned,tested,
placed in good and proper working condition and Exception: The code official shall have the
approved. authority to waive the submission of
construction documents, calculations or
SECTION 106 other data if the nature of the work applied
PERMITS for is such that reviewing of construction
documents is not necessary to determine
]AH1 106.1 When required. Any owner, authorized compliance with this code.
agent or contractor who desires to construct, enlarge,
alter, repair, move, demolish or change the JAH] 106.3.2 Preliminary inspection. Before a
occupancy of a building or structure, or to erect, permit is issued, the code official is authorized to
install, enlarge, alter, repair, remove, convert or inspect and evaluate the systems, equipment,
replace any electrical system, the installation of buildings, devices, premises and spaces or areas to be
which is regulated by this code, or to cause any such used.
work to be done, shall first make application to the
code official and obtain the required permit for the ]AH1 106.3.3 Time limitation of application. An
work. application for a permit for any proposed work shall
be deemed to have been abandoned 90 days after the
IAHI 106.2 Exempt work. The following work shall date of filing, unless such application has been
be exempt from the requirement for a permit: pursued in good faith or a permit has been issued;
except that the code official shall have the authority
1. The work identified in Article 90.2(B) to grant one or more extensions of time for additional
as not being covered by this Code. periods not exceeding 90 days each. The extension
shall be requested in writing and justifiable cause
JAH] 106.3 Application for permit. Each demonstrated.
application for a permit, with the required fee, shall
be filed with the code official on a form furnished for JAH] 106.4 By whom application is made.
that purpose and shall contain a general description Application for a permit shall be made by the person
of the proposed work and its location. The or agent to install all or part of any electrical system.
application shall be signed by the owner or an The applicant shall meet all qualifications established
authorized agent. The permit application shall by statute, or by rules promulgated by this code, or
Ordinance No.14-50,Page 8
by ordinance or by resolution. The full name and extension shall be requested in writing and justifiable
address of the applicant shall be stated in the cause demonstrated.
application.
JAHJ 106.5.4 Extensions. Any permittee holding an
[AHJ 106.5 Permit issuance. The application, unexpired permit shall have the right to apply for an
construction documents and other data filed by an extension of the time within which the permittee will
applicant for permit shall be reviewed by the code commence work under that permit when work is
official. If the code official finds that the proposed unable to be commenced within the time required by
work conforms to the requirements of this code and this section for good and satisfactory reasons. The
all laws and ordinances applicable thereto, and that code official shall extend the time for action by the
the fees specified in Section 106.6 have been paid, a permittee for a period not exceeding 180 days if there
permit shall be issued to the applicant. is reasonable cause. No permit shall be extended
more than once. The fee for an extension shall be
[AHJ 106.5.1 Approved construction documents. one-half the amount required for a new permit for
When the code official issues the permit where such work.
construction documents are required, the construction
documents shall be endorsed in writing and stamped [AHJ 106.5.5 Suspension or revocation of permit.
"APPROVED." Such approved construction The code official shall have the authority to suspend
documents shall not be changed, modified or altered or revoke a permit issued under the provisions of this
without authorization from the code official. All code wherever the permit is issued in error or on the
work shall be done in accordance with the approved basis of incorrect, inaccurate or incomplete
construction documents. The code official shall have information, or in violation of any ordinance or
the authority to issue a permit for the construction of regulation or any of the provisions of this code.
a part of a electrical system before the entire
construction documents for the whole system have JAH] 106.5.6 Retention of construction
been submitted or approved, provided adequate documents. One set of approved construction
information and detailed statements have been filed documents shall be retained by the code official for a
complying with all pertinent requirements of this period of not less than 180 days from date of
code. The holders of such permit shall proceed at completion of the permitted work, or as required by
their own risk without assurance that the permit for state or local laws. One set of approved construction
the entire electrical system will be granted. documents shall be returned to the applicant, and said
set shall be kept on the site of the building or work at
JAHJ 106.5.2 Validity. The issuance of a permit or all times during which the work authorized thereby is
approval of construction documents shall not be in progress.
construed to be a permit for, or an approval of, any
violation of any of the provisions of this code or any JAH] 106.5.7 Previous approvals. This code shall
other ordinance of the jurisdiction. No permit not require changes in the construction documents,
presuming to give authority to violate or cancel the construction or designated occupancy of a structure
provisions of this code shall be valid. The issuance of for which a lawful permit has been heretofore issued
a permit based upon construction documents and or otherwise lawfully authorized, and the
other data shall not prevent the code official from construction of which has been pursued in good faith
thereafter requiring the correction of errors in said within 180 days after the effective date of this code
construction documents and other data or from and has not been abandoned.
preventing building operations being carried on
thereunder when in violation of this code or of other JAHJ 106.5.8 Posting of permit. The permit or a
ordinances of this jurisdiction. copy shall be kept on the site of the work until the
completion of the project.
[AH] 106.5.3 Expiration. Every permit issued shall
become invalid unless the work authorized by such [AHJ 106.6 Fees. A permit shall not be issued until
permit is commenced within 180 days after the the fees prescribed in Section 106.6.2 have been paid,
issuance, or if the work authorized by such permit is and an amendment to a permit shall not be released
suspended, abandoned or lacks any required until the additional fee, if any, due to an increase of
inspection for a period of 180 days after the time the the electrical systems, has been paid.
work is commenced. The code official is authorized
to grant, in writing, one or more extensions of time, JAH] 106.6.1 Work commencing before permit
for periods not more than 180 days each. The issuance. Any person who commences any work on a
Ordinance No.14-50,Page 9
electrical system before obtaining the necessary ]AHI 107.2 Required inspections and testing. The
permits shall be subject to 100 percent of the usual code official, upon notification from the permit
permit fee in addition to the required permit fees. holder or the permit holder's agent, shall make the
following inspections and such other inspections as
]AH] 106.6.2 Fee schedule. The fees for all electrical necessary, and shall either release that portion of the
work shall be as indicated in the Town of Prosper Fee construction or shall notify the permit holder or an
Schedule as adopted by the City Council. agent of any violations that must be corrected. The
holder of the permit shall be responsible for the
]AH] 106.6.3 Fee refunds. The code official shall scheduling of such inspections.
authorize the refunding of fees as follows:
1. Underground inspection shall be made
1. The full amount of any fee paid after trenches or ditches are excavated and
hereunder that was erroneously paid or bedded, piping and conduit installed, and
collected. before any backfill is put in place.
2. Not more than 80 percent of the permit 2. Rough-in inspection shall be made after
fee paid when no work has been done the roof, framing, fireblocking, firestopping,
under a permit issued in accordance drattstopping and bracing is in place and all
with this code. electrical systems are roughed-in, and prior
to the installation of wall or ceiling
3. Not more than 80 percent of the plan membranes.
review fee paid when an application for
a permit for which a plan review fee has 3. Final inspection shall be made after the
been paid is withdrawn or canceled building is complete, all electrical fixtures
before any plan review effort has been are in place and properly connected, and the
expended. structure is ready for occupancy.
The code official shall not authorize the refunding of ]AH] 107.2.1 Other inspections. In addition to the
any fee paid except upon written application filed by inspections specified above, the code official is
the original permittee not later than 180 days after the authorized to make or require other inspections of
date of fee payment. any construction work to ascertain compliance with
the provisions of this code and other laws that are
SECTION 107 enforced.
INSPECTIONS AND TESTING
]AH] 107.2.2 Inspection requests. It shall be the
]AHI 107.1 General. The code official is authorized duty of the holder of the permit or their duly
to conduct such inspections as are deemed necessary authorized agent to notify the code official when
to determine compliance with the provisions of this work is ready for inspection. It shall be the duty of
code. Construction or work for which a permit is the permit holder to provide access to and means for
required shall be subject to inspection by the code inspections of such work that are required by this
official, and such construction or work shall remain code.
accessible and exposed for inspection purposes until
approved. Approval as a result of an inspection shall ]AH] 107.2.3 Approval required. Work shall not be
not be construed to be an approval of a violation of done beyond the point indicated in each successive
the provisions of this code or of other ordinances of inspection without first obtaining the approval of the
the jurisdiction. Inspections presuming to give code official. The code official, upon notification,
authority to violate or cancel the provisions of this shall make the requested inspections and shall either
code or of other ordinances of the jurisdiction shall indicate the portion of the construction that is
not be valid. It shall be the duty of the permit satisfactory as completed, or notify the permit holder
applicant to cause the work to remain accessible and or his or her agent wherein the same fails to comply
exposed for inspection purposes. Neither the code with this code. Any portions that do not comply shall
official nor the jurisdiction shall be liable for expense be corrected and such portion shall not be covered or
entailed in the removal or replacement of any concealed until authorized by the code official.
material required to allow inspection.
]AH] 107.2.4 Approved agencies. The code official
is authorized to accept reports of approved inspection
Ordinance No.14-50,Page 10
agencies, provided that such agencies satisfy the immediate attention of the electrical contractor for
requirements as to qualifications and reliability. correction. Records shall be kept of all inspections.
]AH] 107.2.5 Evaluation and follow-up inspection ]AH] 107.3.2 Written report. The registered design
services. Prior to the approval of a closed, professional shall submit a final report in writing to
prefabricated-electrical system and the issuance of a the code official upon completion of the installation,
electrical permit, the code official may require the certifying that the alternative engineered design
submittal of an evaluation report on each conforms to the approved construction documents. A
prefabricated electrical system indicating the notice of approval for the electrical system shall not
complete details of the electrical system, including a be issued until a written certification has been
description of the system and its components, the submitted.
basis upon which the electrical system is being
evaluated, test results and similar information, and ]AH] 107.4 Testing. Electrical work and systems
other data as necessary for the code official to shall be tested as required by this code and in
determine conformance to this code. accordance with Sections 107.4.1 through 107.4.3.
Tests shall be made by the permit holder and
]AH] 107.2.5.1 Evaluation service. The code observed by the code official.
official shall designate the evaluation service of an
approved agency as the evaluation agency, and ]AH] 107.4.1 New, altered, extended or repaired
review such agency's evaluation report for adequacy systems. New electrical systems and parts of existing
and conformance to this code. systems that have been altered, extended or repaired
shall be inspected and tested as required by the code
]AH] 107.2.5.2 Follow-up inspection. Except where official.
ready access is provided to all electrical systems,
service equipment and accessories for complete ]AH] 107.4.2 Equipment, material and labor for
inspection at the site without disassembly or tests. All equipment, material and labor required for
dismantling, the code official shall conduct the testing a electrical system or part thereof shall be
frequency of in-plant inspections necessary to ensure furnished by the permit holder.
conformance to the approved evaluation report or
shall designate an independent, approved inspection ]AH] 107.4.3 Reinspection and testing. Where any
agency to conduct such inspections. The inspection work or installation does not pass any initial test or
agency shall furnish the code official with the follow- inspection,the necessary corrections shall be made to
up inspection manual and a report of inspections comply with this code. The work or installation shall
upon request, and the electrical system shall have an then be resubmitted to the code official for inspection
identifying label permanently affixed to the system and testing.
indicating that factory inspections have been
performed. ]AH] 107.5 Approval. After the prescribed tests and
inspections indicate that the work complies in all
]AH] 107.2.5.3 Test and inspection records. All respects with this code, a notice of approval shall be
required test and inspection records shall be available issued by the code official.
to the code official at all times during the fabrication
of the electrical system and the erection of the ]AH] 107.5.1 Revocation. The code official is
building, or such records as the code official authorized to, in writing, suspend or revoke a notice
designates shall be filed. of approval issued under the provisions of this code
wherever the notice is issued in error, or on the basis
]AH] 107.3 Special inspections. Special inspections of incorrect information supplied, or where it is
of alternative engineered design electrical systems determined that the building or structure, premise or
shall be conducted in accordance with Sections portion thereof is in violation of any ordinance or
107.3.1 and 107.3.2. regulation or any of the provisions of this code.
]AH] 107.3.1 Periodic inspection. The registered ]AH] 107.6 Temporary connection. The code
design professional or designated inspector shall official shall have the authority to authorize the
periodically inspect and observe the alternative temporary connection of the building or system to the
engineered design to determine that the installation is utility source for the purpose of testing electrical
in accordance with the approved construction systems or for use under a temporary certificate of
documents. All discrepancies shall be brought to the occupancy.
Ordinance No. 14-50,Page 11
[AH] 107.7 Connection of service utilities. A cease. Such notice shall be in writing and shall be
person shall not make connections from a utility, given to the owner of the property, or to the owner's
source of energy, or power system to any building or agent, or to the person doing the work. The notice
system that is regulated by this code for which a shall state the conditions under which work is
permit is required until authorized by the code authorized to resume. Where an emergency exists,
official. the code official shall not be required to give a
written notice prior to stopping the work. Any person
SECTION 108 who shall continue any work in or about the structure
VIOLATIONS after having been served with a stop work order,
except such work as that person is directed to
]AH] 108.1 Unlawful acts. It shall be unlawful for perform to remove a violation or unsafe condition,
any person, firm or corporation to erect, construct, shall be liable to a fine as required herein by this
alter, repair, remove, demolish or utilize any code.
electrical system, or cause same to be done, in
conflict with or in violation of any of the provisions ]AH] 108.6 Abatement of violation. The imposition
of this code. of the penalties herein prescribed shall not preclude
the legal officer of the jurisdiction from instituting
]AH] 108.2 Notice of violation. The code official appropriate action to prevent unlawful construction
shall serve a notice of violation or order to the person or to restrain, correct or abate a violation, or to
responsible for the erection, installation, alteration, prevent illegal occupancy of a building, structure or
extension, repair, removal or demolition of electrical premises, or to stop an illegal act, conduct, business
work in violation of the provisions of this code, or in or utilization of the electrical system on or about any
violation of a detail statement or the approved premises.
construction documents thereunder, or in violation of
a permit or certificate issued under the provisions of ]AH] 108.7 Unsafe Electrical Systems. Any
this code. Such order shall direct the discontinuance electrical systems regulated by this code that is
of the illegal action or condition and the abatement of unsafe or that constitutes a fire or health hazard, or is
the violation. otherwise dangerous to human life is hereby declared
unsafe. Any use of electrical systems regulated by
]AH] 108.3 Prosecution of violation. If the notice of this code constituting a hazard to safety, health or
violation is not complied with promptly, the code public welfare by reason of inadequate maintenance,
official shall request the legal counsel of the dilapidation, obsolescence, fire hazard, disaster,
jurisdiction to institute the appropriate proceeding at damage or abandonment is hereby declared an unsafe
law or in equity to restrain, correct or abate such use. Any such unsafe electrical system is hereby
violation, or to require the removal or termination of declared to be a public nuisance and shall be abated
the unlawful occupancy of the structure in violation by repair, rehabilitation, demolition or removal.
of the provisions of this code or of the order or
direction made pursuant thereto. ]AH] 108.7.1 Authority to condemn equipment.
Whenever the code official determines that any
]AH] 108.4 Violation penalties. Any person who electrical system, or portion thereof, regulated by this
shall violate a provision of this code or shall fail to code has become hazardous to life, health or property
comply with any of the requirements thereof or who the code official shall order in writing that such
shall erect, install, alter or repair electrical work in electrical system either be removed or restored to a
violation of the approved construction documents or safe condition. A time limit for compliance with such
directive of the code official, or of a permit or order shall be specified in the written notice. No
certificate issued under the provisions of this code, person shall use or maintain a defective electrical
shall be guilty of a misdemeanor and upon conviction system after receiving such notice. When such
may be fined up to the maximum amount allowed by electrical system is to be disconnected, written notice
Texas law._ Each day that a violation continues after as prescribed in Section 108.2 shall be given. In cases
due notice has been served shall be deemed a of immediate danger to life or property, such
separate offense. disconnection shall be made immediately without
such notice.
]AH] 108.5 Stop work orders. Upon notice fronâ–ş
the code official, work on any electrical system that ]AH] 108.7.2 Authority to disconnect service
is being done contrary to the provisions of this code utilities. The code official shall have the authority to
or in a dangerous or unsafe manner shall immediately authorize disconnection of utility service to the
Ordinance No. 14-50, Page 12
building, structure or system regulated by the maintained in violation of this code, and in violation
technical codes in case of an emergency, where of any notice issued pursuant to the provisions of this
necessary,to eliminate an immediate danger to life or section, the code official shall institute any
property. Where possible, the owner and occupant of appropriate action to prevent, restrain, correct or
the building, structure or service system shall be abate the violation.
notified of the decision to disconnect utility service
prior to taking such action. If not notified prior to
disconnecting, the owner or occupant of the building, SECTION 109
structure or service systems shall be notified in MEANS OF APPEAL
writing, as soon as practical thereafter.
[AH] 109.1 Application for appeal. Any
(AHD 108.7.3 Connection after order to disconnect. person shall have the right to appeal a decision
No person shall make connections from any energy of the code official to the board of appeals
or power supply system or supply energy or power established by ordinance. The board shall be
supply to any equipment regulated by this code that governed by the Town of Prosper"s enabling
has been disconnected or ordered to be disconnected
by the code official or the use of which has been ordinance.
ordered to be discontinued by the code official until
the code official authorizes the reconnection and use
of such equipment. When any electrical system is
End of Exhibit "A"
Ordinance No.14-50,Page 13