09-043 O - Adopt 2005 National Electric Code TOWN OF PROSPER,TEXAS ORDINANCE NO.09-043
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ORDINANCE NO. 89-3, 96-10, 97-10, and 04-39; ADOPTING THE 2005
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 IN 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 ("Town Council")uncWiWl") has
investigated and determined that it would be advantageous and beneficial to the citizens of the Town of
Prosper, Texas("Pospr")to repeal Ordinance No. 89-3, 96-10, 97-10, and 04-39; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the Town of
Prosper, Texas ("Prosper")to adopt the 2005 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:
SECTION 1: Fins ncorpogtcd. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Itclle lol�Ocd,itianc No. 9-3, 96-10 97-10 :ted it-39. Prosper Ordinance No.
89-3, 96-10, 97-10, and 04-39 is repealed in its entirety and replaced by this Ordinance. The effective
date of the repeal discussed in this section shall not occur until the effective date of this Ordinance, at
which time Ordinance No. 89-3, 96-10, 97-10, and 04-39 shall be repealed. Such repeal shall not abate
any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced
for any violation of Ordinance No. 89-3, 96-10, 97-10, and 04-39 occurring before the effective date of
this Ordinance.
SECTION 3: Ad() ion of the 2005 National Electrical Code. The National Electrical Code, 2005
Edition, copyrighted by the National Fire Protection Association including Annex G, 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 Prosper, regulating the construction, alteration,
removal, use, and/or maintenance of any electrical wiring, apparatus, device, or system within Prosper
(The "2005 National Electrical Code"). The 2005 National Electrical Code including Annex G is made a
part of this Ordinance as if fully set forth herein. A copy (1) of the 2005 National Electrical Code, 2005
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ADOPTION OF THE 2005 NATIONAL ELECTRICALCODE
Edition, copyrighted by the National Fire Protection Association, is on file in the office of the Town
Secretary of Prosper being marked and designated as the 2005 National Electrical Code.
SECTION: It l 4 ` lyirlgws/Repeyl�rtg�f�l�ausc. 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 5: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance 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. Prosper retains all legal rights and remedies available to it pursuant to local,
state and federal law.
Sl`CTI N 6: Severability. 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. 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 7: Effective Date. This Ordinance shall become effective July 1, 2009 upon its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS,on this 24"'day of February, 2009.
01
CllARl.ES NISWANC :'mm , MAYOR
ATTESTED AND CORRECTLY
RECORDI l,) O
aF
f
atthew D. Denton, TRMC 0
I`OWN SECRETARY
ZZ
Dates of Publication: I t/► 13 1 -W 0' x
O (� Edition
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ADOPTION OF THE 2005 NATIONAL ELECTRICALCODE
Exhibit"A"
Town of Prosper
2005 National Electrical Code
The following additions, deletions, and amendments to the 2005 National Electrical Code adopted herein
are hereby approved and adopted.
Chapter 3 Wiring Methods and Material of the 2005 National Electrical Code is amended as follows
Article 300 Wiring Methods of the 2005 National Electrical Code is amended as follows:
300.1 Scope
(A)All Wiring Installations This article covers wiring methods for all wiring installations unless
modified by other articles. All electrical conductors fOr.�conimercia –<>i11q
installation shall be ir7staallr d in ar prcrvccl conduits or raceways rgarcfles c l't p atwcnNastruction.
Article 310 Conductors for General Wiring of the 2005 National Electrical Code is amended as follows:
310.2 Conductors
(B) Conductor Material Conductors in this article shall be of arlrrinrarr� lape+ laa*1 afar��
or copper unless otherwise specified. 1.,Uwe_Wof aluminum 1/0 and lali vqt is allowedw for mu1t fttrni,I
Lad commercial tscan � iiLjtn� pLdnctators,salbe cfe(Tpt � cii � o
310.5 Minimum Size of Conductors The minimum size of conductors shall be as shown in Table
310.5,except for low voltage control circuits. es+sperraitcl elslar i+rlr "catl'e;
Table 310.5 Minimum Size of Conductors
Conductor Minimum Conductor Size(AWG)
Voltage Rating
(Volts) Aluminum or Copper-Clad Aluminum
Copper Aluminum(pj ly_,f L& s«ak'l r c e
0-2000 -14 12 4-2 1/0
2001-8000 8 $ 1/0
8001-15,000 2 2-1/0
15,001-28,000 1 4--1/0/0
28,001-35,000 1/0 1/0
310.14 Aluminum Conductor Material
Solid aluminum conductors 8, 10, and 12 AWG shall be made of an AA-8000 series electrical
grade aluminum alloy conductor material. For multif'lunil and commercial use only. Stranded
aluminum conductors 8 AWG 1/0 through 1000 kcmil marked as Type RHH, RHW, XHHW,
THW, THHW, THWN, THHN, service-entrance Type SE Style U and SE Style R shall be made
of an AA-8000 series electrical grade aluminum alloy conductor material. Vocul.n ntat,ionc�a"all
rn5tallatiot w�l atll t1�krvrcl cl crl_Lon lw.r _qt r(wterrratft xta wr f r irt;cl 1 article 1_I C.,
ARTICLE 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS of the 2005 National
Electrical Code is amended as follows:
334.12 Uses Not Permitted
(A) Types NM, NMC, and NMS Types NM, NMC, and NMS cables shall not be
permitted as follows:
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ADOPTION OF THE 2005 NATIONAL ELECTRICALCODE
(1) In any dwelling or structure not specifically permitted in 334.10(1),(2),
and(3)
(2) Exposed in dropped or suspended ceilings in other than one- and two-
family and multifamily dwellings
(3) As service-entrance cable
(4) In commercial garages having hazardous (classified) locations as
defined in 511.3
(5) In theaters and similar locations,except where permitted in 518.4(B)
(6) In motion picture studios
(7) In storage battery rooms
(8) In hoistways or on elevators or escalators
(9) Embedded in poured cement,concrete,or aggregate
(10) In hazardous (classified) locations, except where permitted by the
following:
a. 501.10(B)(3)
b. 502.10(B)(3)
C. 504.20
) Its building where it would be required to pass thrgggh gither lhctory or
field punched,cut, or drilled slots or holes in metal members.
Chapter 6 Special Equipment of the 2005 National Electrical Code is amended as follows:
ARTICLE 680 Swimming Pools, Fountains, and Similar Installations of the 2005 National Electrical
Code is amended as follows:
680.71 Protection
Hydromassage bathtubs and their associated electrical components shall be protected by a
de!1i 'eL1,ground-fault circuit interrupter. All 125-volt, single-phase receptacles not exceeding 30
amperes and located within 1.5 m (5 ft) measured horizontally of the inside walls of a
hydromassage tub shall be protected by a ground-fault circuit interrupter(s).
Annex G Administration and Enforcement of the 2005 National Electrical Code is amended as
follows:
80.15 Electrical Board. Thwisw_Sectionwwdeleted in its entirety.
80.23 Notice of Violations,Penalties.
Notice of violations and penalties shall conform to 80.23(A)and(B).
(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) At'y persr =��rsrap,reati>n-wlas'111 wllll#telly vilat anal t1e
appli all }'s vi i r ; t-tl is Bele shall ilty s a nats len ear c t Rd-'-Upon
conwartior-tl�eel-slt;ll lie puishelly lis -neat-less tlaa
dollarw � -----�_.._.�err�-niwe4ha} lc llaas ( _ -t tr
eael�- ,e�etl�er-wttl�-the�otsl�roseti ���iat�pt�i �rrtt�n���t-,..�zrae'�tla,...l"i�a,:.
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ADOPTION OF THE 2005 NATIONAL ELECTRICALCODE
-------------- i
.........................---. ...... days of.-111,ior e--4ha
....-711-17 any,
Any person %yho com,niences qjM.w,, o,rkoi.i.an (Jec i Le systein bel'ore ot)tain'
LLJL LW�_ -.-11-.--...--.-U lou
-RcRWtY-QL-100% of the usual pq!g!L(
fie—cs.
80.25 Connection to Electricity Supply.
Connections to the electric supply shall conform to 80.25(A)through(E).
(-G-)-No4fiea4an-.
ff-,withil--—----------
. . ..........
e4e(-A-+ic--equij,,)me-n rther "han a,
ele046ty4s-Autht)r ize(k-o-mak aanrall at km-,
80.27 Inspector's Qualifications.
(A) Certificate.
All electrical inspectors shall be certified by a nationally recognized inspector certification
program aceepw-t-by4he-Board. The certification program shall specifically qualify the inspector
in electrical inspections.No person shall be employed as an Electrical Inspector unless that person
is the holder of an Electrical Inspector's certificate of qualification k[.g�,,111,.Libtaiii the certificate of
qa nationally recognized insp
_galification within 6 months of initial hire issued by the4'-UmM
certification.jm9grgm, except that any person who on the date on which this law went into effect
was serving as a legally appointed Electrical Inspector of The Town of ProsMr shall, Hpon
applieation a
continue to serve as an Electrical Inspector in the same
territory.
(B) Experience.
Electrical inspector applicants shall demonstrate the following:
(1) Have a demonstrated knowledge of the standard materials and methods used in
the installation of electric equipment
(2) Be well versed in the approved methods of construction for safety to persons
and property
(3) Be well versed in the statutes and ordinances of The Town of Pr
i relating to
electrical work and the National Electrical Code, as approved by the American
National Standards Institute
(4) Have had at least I years experience as an Electrical Inspector or 5 years in the
installation of electrical equipment. In lieu of such experience, the applicant
shall be a graduate in electrical engineering or of a similar curriculum of a
college or university considered by the Board as having suitable requirements
for graduation and shall have had two years'practical electrical experience.
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 electric equipment for damages to persons or property caused by a
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ADOPTION OF THE 2005 NATIONAL ELECTRICALCODE
defect therein,nor shall the ITITcmrlITCITI' cs_ a;or any of its employees be held as assuming any such liability
by reason of the inspection,reinspection,or other examination authorized.
80.35 Effective Date.
Article 80 shall take effect)ul,1l,2,009 mmm-------------------„ -daya after its passage and publication.
End of Exhibit"A"
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ADOPTION OF THE 2005 NATIONAL ELECTRICALCODE