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 chief building official, the electrical inspector or his or her designee.
(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 or installation - 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. Electrical construction shall not be held to mean or include any of the following:
(1) 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;
(2) Any work involved in the manufacturing, repair or testing of any electrical equipment or apparatus, but not including any permanent wiring; or
(3) Any work in industrial establishments where inspections come under the scope of other inspection agencies.
(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 the chief building official or any individual who has been appointed by the city as electrical 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 chief building official or the electrical inspector.
(j) Special ruling - shall mean a written ruling filed in the office of the chief building official or the electrical inspector.
(Code 1990)
4-202. Adoption of electrical code by reference.
The standard code known as the National Electrical Code of 2011, 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. One copy shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hesston,” 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 2003)
The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202.
(Code 1990)
The city administrator or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of an electrical inspector in accordance with section 4-204 of this chapter, which shall apply in a like manner to this article.
(Code 1990)
The city administrator shall appoint some qualified officer or employee of the city to be and perform the duties of electrical inspector as may be required, subject to the consent and approval of the governing body.
(Ord. 130-1970-010, Sec. 5; Code 1990)
The electrical inspector shall have the following duties:
(a) To enforce all regulations relating to electrical construction, alteration, repair or removal;
(b) May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of electrical construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;
(c) To examine all buildings requiring electrical construction in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and
(d) To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official or electrical inspector without his or her written consent.
(Code 1990)
The electrical inspector shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the electrical regulations of the city, subject to the right of any installer or owner to appeal to the governing body.
(Code 1990)
(a) The governing body shall be the final determiner of the scope and meaning of all provisions of the electrical code which may be unclear, ambiguous, or requiring interpretation.
(b) The electrical inspector shall have power to modify any of the provisions of the electrical code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the electrical inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the electrical inspector and a signed copy shall be furnished to the applicant.
(Code 1990)
(a) Except as provided in subsection (b), it shall be unlawful for any person to engage in any electrical construction as defined in section 4-201 within the city without an electrical permit being first obtained therefor from the city clerk, after approval by the chief building official or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before any electrical construction work is commenced.
(b) No electrical permit shall be required for any of the following:
(1) 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;
(2) Any work involved in the manufacturing, repair or testing of any electrical equipment or apparatus, but not including any permanent wiring; or
(3) Any work in industrial establishments where the issuance of electrical permits come under the scope of other agencies.
(Ord. 130-1970-010, Secs. 21:22; Code 1990)
(a) An electrical permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The electrical construction work proposed;
(4) The class of occupancy;
(5) The class of electrical construction;
(6) The kind of materials to be used;
(7) The estimated cost of the work;
(8) The date work will commence;
(9) Expected date of completion;
(10) Name and address of electrical contractor or contractors doing the work;
(11) Such other information as may be pertinent to the issuance of the required permit.
(b) An application for an electrical permit shall be signed by the owner or his or her duly authorized agent, or an electrician or electrical contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed electrician or electrical contractor or contractors doing the work described, or an electrical permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed electrical contractor, and likewise subject to the final approval of the electrical inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner, electrician or electrical contractor authorizing the electrical construction work covered by the application.
(d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the electrical construction work authorized by such permit. Electrical construction work commenced, for the purpose of this section, shall mean the beginning of electrical construction work other than the preparation of plans or the letting of an electrical contract.
(Ord. 130-1970-010, Secs. 21:22; Code 1990)
Whenever an application for a electrical permit is made, the chief building official or the electrical inspector may, if he or she finds it necessary to determine whether electrical construction work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed electrical construction as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete electrical and engineering plans and specifications for such electrical construction, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any electrical construction work for conformity with this article.
(Code 1990)
Permit fees shall be based upon inspections required. The applicant shall state, prior to the issuance of a permit, the quantity of inspection required and upon this statement charges shall be made. At the completion of work, any additional inspections shall be charged at the regular rate.
(a) Regular fees: For each inspection required - $25.00.
(b) Penalty fees: Where work for which a permit is required has been started prior to issuance of a permit, unless specifically approved by the building official, the fees provided for above shall be doubled. No permit shall be issued until all fees due, from prior months have been paid. The building official shall remit to the city clerk all fees received.
(c) Fees not required: Permits issued under this code that the work for which issued is part of a project in which a building permit is required; the fees assessed for the building permit shall cover all subsequent fees for all permits.
(Code 1990)
A copy of the electrical permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The electrical inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof.
(Code 1990)
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 at least one working day prior to the needed inspection; after which such work shall be inspected promptly as hereinafter provided.
(Ord. 130-1970-010, Sec. 6; Code 1990)
(a) 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 building 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 electrical inspector due notice and inspections shall be made periodically during the progress of the work.
(b) The electrical 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.
(Ord. 130-1970-010, Sec. 6; Code 1990)
(a) If in the judgment of the electrical inspector, after an inspection, any 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 shall 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 10 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 within 10 days from receiving the petition make a decision in accordance with their findings.
(Ord. 130-1970-010, Sec. 33; Code 1990)
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 1990)
(a) Any person desiring to engage in or work at the electrical trade as an electrician, shall make application by applying, in writing, to the city clerk and shall at the time and place as the city clerk may direct, be subjected to an examination as to his or her qualifications. Examinations may be in whole or in part in writing, but such examinations shall be sufficiently broad to test the qualifications of the applicant as the city clerk may deem necessary.
(b) In case the applicant for an electrician certificate fails to pass a satisfactory examination, the applicant shall not again apply for an examination until a period of six months has elapsed from the date of the former examination. No part of the examination fee shall be refunded to the applicant.
(Ord. 130-1970-010, Sec. 11; Code 2007)
(a) The application for the examinations shall be in writing on forms furnished by the city clerk and shall specify what kind of certificate the applicant desires and shall be accompanied by the following fees:
(1) Master Electrician - $30.00;
(2) Journeyman Electrician - $25.00;
(b) All applicants for master electrician certificates shall have had sufficient practical experience as a journeyman electrician to prove his or her ability or such other qualifications as the city clerk may require. All applicants for a journeyman electrician certificate shall have had sufficient experience at the trade to prove his or her ability, or such other qualifications as the city clerk may require.
(Ord. 130-1970-010, Sec. 11; Code 2007)
(a) An applicant successfully passing the examination shall thereupon be issued a certificate by the city clerk certifying to such fact and for the classification or classifications for which such examination was taken.
(b) All electricians certificate shall expire on December 31. All certificates shall be renewed annually by the city clerk. All holders of an electrician’s certificate not renewed within 30 days after expiration may be required to take a new examination, as herein provided, before receiving a new certificate.
(c) The city clerk may recommend the issuance of a certificate without examination to a non-resident master or journeyman electrician upon payment of the $20.00 master electrician or $15.00 journeyman electrician examination fee and annual fee of $10.00 and upon a finding by the board that such person holds a current valid certificate issued to him or her by another city of Kansas whose requirements relating to the issuance of a certificate are equivalent to the provisions of the city.
(Ord. 130-1970-010, Sec. 13; Code 2007)
(a) An electrician or electrical contractor for purposes of this article shall be any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city:
(1) Who or which undertakes with or for another, for a fixed sum, price, fee or any other compensation to install, construct, alter, repair, add to, or move any electrical installation or performs any electrical construction work in the city, for which an electrical construction permit may now or hereafter be required by the laws of the city; or
(2) Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to install, construct, alter, repair, add to, remove, restore or replace any electrical installation or perform any electrical construction work; or
(3) Who or which installs, constructs, alters, adds to or removes any electrical installation or performs any electrical construction work either on his or her own or other property for purposes of sale or speculation.
(b) An electrician or electrical contractor as defined shall not mean or include:
(1) Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving electrical construction and for which a permit is not required or on which an electrician or electrical contractor, as defined, is not required, employed or engaged to perform; or
(2) Any property owner personally performing any improvements, alterations or electrical construction within or upon his or her own property; provided, the owner shall satisfy the electrical inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal electrical construction by an owner under this section shall be by himself, herself, for himself or herself on his or her own property, without compensation and no person shall be employed to assist him or her in any way on such work except an electrician or electrical contractor licensed by the city.
(Ord. 130-1970-010, Secs. 15:20; Ord. 130-2002-098, Sec. 1; Code 2003)
4-222. Electrician’s or electrical contractor’s license required; electrical permits; unlawful acts.
(a) Each electrician or electrical contractor shall before entering upon any electrical construction work subject to regulation by city laws, apply to the city clerk for an electrician’s or electrical contractor’s license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of electrician or electrical contractor in the city. No license shall be issued until the applicant thereof shall have taken and successfully passed the examination provided for in section 4-218.
(b) No permit for any electrical construction work shall be issued for any such work to be performed by an electrician or electrical contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.
(c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of an electrician or electrical contractor herein, or to perform any work as an electrician or electrical contractor or any work under a contract for any work involving electrical construction, without first having obtained an electrician’s or electrical contractor’s license issued by the city.
(Ord. 130-1970-010, Secs. 15:20; Code 1990)
Application for an electrician’s or electrical contractor’s license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the electrician or electrical contractor or his or her authorized agent. Upon presentment of an electrician’s license from a larger city or proof of successfully passing the Block & Associates examination and payment of the license fee hereinafter provided the city clerk shall issue the license.
(Ord. 130-1970-010, Secs. 15:20; Code 2003)
The following license and license fees shall be paid for each calendar year and such fees and license terms shall not be pro-rated:
(a) Definitions:
(1) Electrical Contractor - shall mean one engaging in all kinds of electrical contract work for a fixed sum, fee or other compensation. License may be issued to any person, firm or corporation of which at least one active member of such firm or corporation holds a valid master electrician’s certificate.
(2) Master Electrician - shall mean one possessing a valid master electrician’s certificate issued by the city or having qualified himself or herself for approval as herein provided by the city clerk.
(3) Journeyman Electrician - shall mean one possessing a valid journeyman electrician’s certificate issued by the city for having qualified himself or herself for approval as herein provided by the city clerk.
(4) Firm or Corporation Specialty Electrician - shall mean a person, firm or corporation not engaged in the business of electrical installation who has a person holding a certificate of competency regularly and continuously in his or her employment. All electrical work performed under this license must be performed for the employing firm or corporation only and not for hire outside the firm or corporate premises.
(b) Fees:
Electrical Contractor - $40.00.
Master Electrician - $30.00.
Journeyman Electrician - $25.00.
Firm or Corporate Electrician - $15.00.
Each such license shall set forth the kind of electrical construction work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable annually on or before the first day of January of the year for which issued.
It shall be unlawful for any firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts.
(Code 2007)
4-225. Electrician’s or electrical contractor’s bond required; conditions; approval; rights reserved.
(a) Before any license shall be issued to any electrician or electrical contractor required by this article to obtain a license and pay a fee to the city, the electrician or electrical contractor shall secure and file with the city clerk a good and sufficient corporate surety bond in the principal sum of $25,000 conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property, or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any materials stored, placed or used in any such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days notice of such fact to the city clerk. Each such bond shall be approved as to form by the city attorney and approved as to surety by the city council and the approval thereof shall be endorsed on the bond by the city attorney and by the chairperson of the city council over their signatures.
(b) Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover the period of not to exceed two years. No bond shall be renewed by an extension certificate but a new bond shall be filed by the principal for each successive period following the renewal thereof. The city reserves the right to furnish the form of all surety bonds as may be required by this article.
(Ord. 130-1970-010, Secs. 15:20; Code 2003)
In lieu of obtaining a corporate surety bond as required by section 4-219, an electrician or electrical contractor may fulfill this obligation if he or she shall procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. An electrician or electrical contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year.
(Ord. 130-1970-010, Secs. 15:20; Code 1990)
(a) The license of any electrician or electrical contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official upon his or her own motion or upon a complaint of the city electrical inspector. Notice shall be given in writing to such electrician or electrical contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such electrician or electrical contractor involving any one or more of the following:
(1) Misrepresentation of a material fact by applicant in obtaining a license;
(2) Use of license to obtain an electrical permit for another;
(3) Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;
(4) Performance of any electrical construction work without a permit where one is required by law; or
(5) Wilful disregard of any violation of the electrical construction laws, or failure to comply with any lawful order of the city electrical inspector.
(b) Any licensee may within 15 days appeal in writing to the governing body from any order of the chief building official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the electrician or electrical contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any electricians or electrical contractor’s license.
(c) It shall be unlawful to engage in the occupation or trade of electrician or electrical contractor during the time any license of such electrician or electrical contractor has been suspended or revoked.
(Ord. 130-1970-010, Secs. 15:20; Code 1990)
Nothing herein contained shall prohibit any property owner from personally performing any electrical construction or installing electrical wiring or equipment within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the electrical inspector as to his or her ability to perform such work or 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 electrical construction or installation performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own property, without compensation and no person shall be employed to assist him or her in any way on such work except an electrician or electrical contractor licensed by the city.
(Code 2003)
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.
(Code 1990)
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 work or equipment authorized herein or by reason of any permit or license granted herein.
(Code 1990)
If any section of the National Electrical Code or of this article 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 or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect.