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Ord #28

ORDINANCE NO. #28

 

AN ORDINANCE TO BE KNOWN AS THE GENERAL ELECTRICAL
ORDINANCE-OF THE TOWN OF JOHNSON, ARKANSAS; TO
PROVIDE FOR THE ADOPTION BY REFERENCE OF THE NATIONAL
ELECTRIC CODE STANDARD OF THE NATIONAL BOARD OF FIRE
UNDERWRITERS; PROVIDING FOR THE PROMULGATION OF RULES
AND REGULATIONS GOVERNING THE CONSTRUCTION, INSTALLATION
AND INSPECTION OF ELECTRICAL WIRING; PRESCRIBING
PENALTIES FOR THE VIOLATIONS OF SUCH RULES AND REGULATIONS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND FOR OTHER RELATED PURPOSES.

 

WHEREAS, the Town Council of the Town of Johnson, Arkansas,
finds that the Town does not have an eleccrical ordinance, and
it is to the best interest of the Town of Johnson to adopt an
electrical ordinance; and

 

WHEREAS, the Town Council of the Tovm of Johnson, Arkansas,
has under consideration the adoption of an ordinance relating to
the construction, installation and inspection of all electrical
wiring and apparatus as set forth in the 1971 edition of the
pamphlet entitled 11 NBFU Pamphlet No. 70 - 1970 National Electrical
Code," as issued by the National Board of Fire Underwriters; and

 

WHEREAS, three (3) copies of said pamphlets are on file in
the office of the Town Clerk of the Town of Johnson, Arkansas,
and the Town Council of the Town of Johnson, Arkansas, has caused
a notice to be published in a newspaper of general circulation
within Washington County, Arkansas': stating that it had under
consideration the adoption of said pamphlets and advising the
public that the requisite copies Of same were on file in the Office

of the Town Clerk and open to public examination.

 

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF JOHNSON, ARKANSAS:
SECTION 1. Adoption by Reference
There is hereby adopted by the Tovm Council of the Tovm
of Johnson, Arkansas, by reference thereto the provisions set

forth in the 1971 edition of the National Board of Fire Underwriters
Pamphlet "NBFU No. 70- 1971 National Electrical Code,"
save and except such portions of said pamphlet as are hereinafter
deleted, modified, or amended, and the provisions contained in
said pamphlet are hereby adopted and incorporated as fully as
if set out at length here.in, and the provisions thereof shall
be controlling within the corporate limits of .the Town of Johnson,
Arkansas.
SECTION 2. Adoption of Rules and Regulations
The Electrical Inspector is hereby authorized to make such
;rri tten rules and regulations concerning electrical wiring as
may be necessary to implement, clarify and, carry out the purposes
of this Ordinance, said rules and regulations to become effective
upon approval by the Mayor and Tovm Council.
SECTION.3: Definitions.
The definitions in this Ordinance shall correspond to those
set out in the above-adopted electrical code and shall include in
addition the following:
(l) Electrical Wiring: The term "electrical wiring"
as used in.this ordinance, means the installation of electrical
raceways, conductors or apparatus of any kind used, or to be
used, in or on any building for the transmission and distribution
of electric current for electric light, heat, or power, or nonportable
electrical fixtures and apparatus of any nature to be

connected to light, heat or power service provided however

that the words 11electric wiring, " "electrical equipement," and
"apparatus" shall not be deemed to include or refer to service
lines, apparatus, and equipment for the sale, distribution, regulation
of electricity and remaining upon the property of the
electric service company, or for telephone, telegraph, video or
other communication purposes, or in connection therewith.
(2) Electrician: An electrician is a person who is

licensed to do electrical wiring work

person who is licensed in the Tovm to engage in the electrical
business as an electrical contractor and is also qualified to
do installation work on the job.
(4) Journeyman Electrician: A journeyman electrician
is a person who is licensed in the Town to do the actual physical
work of installing electrical wiring when employed by an electrical
contractor and works under the supervision of a master electrician.
(5) Maintenance Electrician: A maintenance electrician
·is an employee of a company, corporation or institution who is
responsible for the work of operating, caring for and maintaining
the electrical installations of any building or factory .
(6) Apprentice Wireman: An apprentice wireman is a
person who is learning the electrical wiring trade and who is
competent to assist, under the supervision of a licensed journeyman
or master electrician, in the work of installing or repairing
electrical wiring. An apprentice shall net work on any job alone.

(7) Electrical Contractor: An electrical contractor
is any person who shall advertise or publicly set himself up as
being in the electrical wiring business in the Town.
(8) ~: The word "Town" as used in the within
electrical code shall mean the Town of Johnson, Washington County,
Arkansas.
(9) Person: The word 11person11 as used in the within
electrical code shall mean and include any person, firm,.· copartnership
or corporation, depending upon the context or the
sense in which the word is used.
(10) Inspector: The word inspector shall mean Town

Electrical Inspector whose duties are defined and set forth in the
within electrical code, and such word shall include in its meaning
all assistants authorized to assist or carry on the work of
electrical inspection under the provisions of the Electrical Ordinance .

SECTION 4. Electrical Inspector
(1) Provisions for Inspector: There is hereby created the
position of Electrical Inspector of the Town and as many assistants
as are needed to discharge the duties of this office. Said
Electrical Inspector and assistants shall be versed in the
theoretical and practical knovrledge of electricity and the National
Code.
(2) Salary of Inspector: The Inspector shall receive, as
a full compensation for his services, such salaries as the Town
Council may direct.
SECTION 5. Duties and Powers of Electrical Inspector
(l) Enforcement of Electrical Ordinance: It shall be the
duty of the Inspector to enforce the provisions of the Electrical
Ordinance, to make investigations, inspect and/or test all electrical
wiring, issue electrical permits and to prepare suitable forms.
(2) Electrical Inspector Right of Entry: The Inspector and
other persons authorized by the Inspector, is hereby granted
authority to enter all buildings in the Town in the performance
of his duties between the hours of 8:00 a.m.·and 5:00p.m. daily,
except that in an emergency·the Inspector may enter buildings for
such purposes at other than the above designated hours, and
may disseminate information relative to the provisions of this
ordinance.
SECTION 5. License Required
Any person desiring to install or replace any "electrical wiring"

as defined in this Ordinance, withing the Town must first procure an

electrician's license.

SECTION 6. Electrical Penlli·t Required
No electrical wiring worlr shall be commenced nor shall any
building or structure be wired for electric lights, appliances, motors,
apparatus or heating devices nor alterations made theretv :,'li thout
such person, firm or corporation having direct charge of such installation
having first applied for and obtaining an electrical permit,
except as hereinafter regulated or modified._by provisions· set forth

SECTION 7. Persons Qualified to Obtain Electrical Permits
The Inspector is authorized to issue electrical permits to
the following:
(1) Licensed M.aster Electrician
(2) Property Owners: A permit may be issued to a property
o\~er to install electrical wiring in a single family residence
provided the property ovmer does the work himself and the building
is owned and so occupied by such owner as his home, and provided
the issuance of said permit is not used as a device to circumvent
the requirement of a Tm~ electrician license imposed by this
ordinance upon persons, firms or corporations who are in the
business of building such residences for resale. Such electrical
wiring work must be completed within strict compliance with the
requirements of this ordinance.
(3) Qualified and Experienced Contractors Eng.aged in the
Construction of Certain Type of Specialized Jobs or Installations:
Certain installations shall be interpreted to fall under the definition
of "electrical wiring" as set out in this ordinance;
however, because of the size of the job, and the technical or
specialized nature of the electrical vriring work, the Inspector
is authorized to issue special electrical permits to contractors
which he determines to be qualified and experienced to make such
installations.
(4) Qualified Maintenance Electrician: The Inspector is
authorized to issue electrical permits periodically to maintenance

electricians who are in good standing and who are complying with

provisions of this Ordinance.

SECTION 8. Electrical Permit Fees
In order to procure an electrical permit for the installation
for electrical wiring work, any person before beginning any
electrical wiring, shall make application to the Inspector and
shall pay the inspection fee required by Ordinance No. 27

SECTION 9. Responsibilities of the Licensed Electrician
(l) Advance Notice for Electrical Inspection: It shall be
the duty of the master electrician or his authorized representative
to give notice to the Inspector when the electrical wiring work is

ready for an inspection.

(2) Assure Readiness for Inspection: It shall be the
duty of the electrician to make sure that the electrical wiring
vrork will stand the inspection before he requests the Inspector
to make an inspection of the electrical wiring work.
SECTION 10. Electrical Inspections
(l) Minimum Number of Inspections: There shall be a minimum
of tvro inspections by the Inspector when electrical wiring is installed
'in any buildings. First knovrn as the rough-in inspection and the
second as the final inspection.

(a) Electrical Rough-In Inspection: The "rough-in"
inspection is to be made vrhen the electrical wiring is installed
bu"c before concealing the electrical wiring work.
(b) Electrical Final Inspection: The final electrical
inspection is to be made vrhen all electrical wiring vrork is
completed.
(2) Inspection and Test of Existing Electrical Installation:
The Inspector shall have the legal right to require any existing
electrical installation to meet the inspection and test when he
may have reason to believe that such system is not safe for the
use for .which it is intended. Vfuen such inspections or tests
indicate faulty and unsafe systems, the ovrner shall recondition
such electrical installation to render it safe.
(3) Periodical Inspections: The Inspector shall make
inspections periodically of all premises and installations under
the supervision of a registered maintenance electrician as

outlined in the ordinance.

SECTION 11. Liability for Damages
The issuance of permits or certificates of approval as required
by this section shall not be construed as relieving any person
.from liability for damages to persons or property in connection
with the operation, control or installation of any electrical
equipment, and the Tovrn shall not be held as assuming any liability
by reason of the issuance of permits or certificates of approval.

The intention of the provisions of this code is to afford the
public safety to life and property insofar as such safety can
be provided by law.
This ordinance shall not be construed to relieve therefrom
or lessen the responsibilities of any person, firm or corporation
o'ming, operating or installing electrical wires, appliances,
apparatus, construction or equipment, for the damage to property
or persons injured by any defect therein, nor shall the Town or
any agent thereof be deemed to assume any such liability by
reason of the inspection authorized herein or by any type of
certificate of inspection as may be issued by the City Inspector.
SECTION 12. Plans and Specifications Required
The Inspector may, if he deems it necessary, require or
demand from the master electrician a set of plans and specifications
of any job, in order that the Inspector may check same
to determine if.such plans and specifications comply with provisions
of the electrical ordinance.
SECTION 13. Uncovering Electrical '1/iring '1/ork
If an electrical wiring or part thereof which is installed,
or altered, or repaired, is covered before being inspected by the
Inspector, it shall be uncovered for inspection after notice to
uncover the work has been issued to the responsible person by
the inspector.
SECTION 14. Exemptions

Exemptions from the provisions of this ordinance are as

follows.

(1) County, State and Federal' Government: Installations
on property owned, used and operated by the County, State or
United States Government. This does not include the erection
and/or remodeling of privately owned buildings prior to leasing
to a governmental agency.
(2) Town Property: Electrical permit fees shall be
waivered for Town-owned installations; however, these installations
must have inspections and meet other provisions of this ordinance.
(3) Railroad: Installations or equipment of a railway

utility in the exercise of its functions as a utility, and located
outdoors or in buildings used exclusively for that purpose and
to which the general public has no access.
(4) Special Equipment: The assembly, erection and connection
of electrical equipment by the manufacturer of such equipment.
This does not include any electrical vriring other than that
involved in making electrical connections on the equipment itself.
(5) Elevators: All electrical work involved in the erection,
installation, repair, remodeling or maintenance of elevators, dumb
waiters and escalators. This does not include electrical equipment
for supplying povrer to the control panels of such equipment.
(6) Power Company: Nothing herein shall be construed as
applying to any electric light or power company, its agents,
servants, arid employees conducting its business under a franchise
granted by the Tovrn in the installation, ·repair, maintenance,
removal or replacement of electrical wiring, machinery or equipment
ovrned or operated by the povrer company in the Tovrn.
(7) Radio and T.V.: Electrical equipment used for power
·supply to Radio or Trans-Video. Transmitting equipment and other
electrical wiring used for power supply to Radio or Trans-Video
shall comply vrith the provisions of this ordinance.
(8) Telephone Company: Nothing herein shall be construed as to
apply to any telephone company, its agents, servants, and employees
conducting its business under a franchise granted by the Town of
Johnson, Arkansas, in the installation, repair, maintenance, removal

or replacement of electrical wiring, machinery or equipment owned

or operated by the telephone company in the Town of Johnson, Arkansas.

(9) Power Company Connecting Service: Nothing herein shall
be so construed as to require a certificate of acceptance from
the Electrical Inspector before current is turned on any wiring
unless some change has been made in said wiring of switches since
service was disconnected.
(10) Minor Repairs: No permit is required for minor repair,
replacement of fuses,· lamps or connection of portable electrical
equipment to suitable permanently installed receptacles.

SECTION 15. Penalties
Any person, :firm or corporation who engages in or :follows
the business o~ occupation o:f or advertises or holds himsel:f or
itsel:f or acts temporarily or otherwise as an electrical contractor
without :first having secured the required license or permits, or
who otherwise violates any provisions o:f this ordinance shall
be deemed guilty o:f a misdemeanor and, upon conviction thereo:f,
shall be punished by a :fine o:f not more than Twenty-Five Dollars
($25.00) and shall be punished by a fine of Fifteen Dollars ($15.09)
for each day such violation continues.
SECTION 16. Wiring Methods
All electric wiring hereafter installed in or on any building
structure or premise located within the Tovm limits of Johnson,
Arkansas, shall be installed by the use of one or more of the
following approved wiring methods:
(l) Electric Metallic Tubing is not to be used on
grade or below grade, or fills, nor underground.
(2) Any new installation exceeding ten (10) circuit
distribution at lighting panels must have two (2) spare circuits
and provisions made to use them in case of later alterations or
additions.
(3) No non-metallic sheath cable or ar.nored cable
may be used in the fire limits of Johnson, Arkansas. For all
buildings already wired vrhere it is not practical to use rigid
or EMT conduit :for extension of services or installing additional
outlets, flexible metal conduits may be used with permission of

Electrical Inspector. Single and duplex dwelling not included.

(4) Circuits under floors of buildings where no
basement exists may be wired in non-metallic sheath cable if
drilled in or run along joist or stringer. Wiring under the floor
may be run in rigid conduit of EMT.
(5) A building used as a business, hotel, motel, or
business house where people congregate within the Town limits of
Johnson, Arkansas, shall be wired only with rigid or EMT system .

(6) Non-metallic sheath cable (Romex) of proper type
and size may be installed in residence or apartment houses or
rooming houses that are built of wood construction· ;rhere nonmetallic
sheath cable can be drilled in and protected.
(7) Service entrance conductors shall be carried in
approved EMT or rigid raceway.
(8) Not less than 100 AMP services may be installed
in the Tol'm of Johnson, Arkansas, except with the special
permission from Electrical Inspector .
(9) No overhead services to or between school buildings
shall be permitted.
(10) Lights in bathrooms, kitchens, closets andopen
porches and utility rooms shall be controlled by wall switches.
(11) Any and all materials, devices, equipment or any
and all items necessary for the installation of electrical
systems shall be approved and/or bear the label of the Underwriters
Laboratories, Inc.
(12) All electrical conductors operating at a difference
of potential of thirty (30) volts or more and installed in or
on any building of the following approved methods, i.e., rigid
metal conduit, flexible steel conduit, metal molding, steel tube,
approved metal duct, fiber conduit, non-metallic sheathed cable.
(13) Any main disconnect used on a bank of transformers
where the fault is in excess of 10,000 AMPS fault current, shall
be of the quick break operating,mechanism with full cover interlocks.

(14) All electrical yrork of any kind and all systems

shall satisfactorily fulfill he purpose for which it is installed

and all work shall be executed in a neat and workmanlike manner.
Slipshod or work not in keeping with good electrical practice
shall be classified as defective and shall be immediately corrected
by persons causing same.

(15) Non-residential property, all disconnect installed
inside or outside shall be of the dead front type with provisions
for a lock.

(16) Light panels must be located inside of residence,

 

Panels must contain breaker type disconnects, no fuses to be
used as a disconnect.
(17) Minimum wire size for the supply of current to
general appliances and convenience outlet and general lighting
circuits, no conductor smaller than, No. 12 AWG wire shall be
installed.
(18) No convenience outlet or appliance outlet shall
be installed or operated on a general lighting branch circuit
at any time, in any occupancy.
(19) Disconnecting Means for Furnaces, Motors, and
Electrical Water Heaters: Some means acceptable to the Electrical
Inspector capable of disconnecting all current carrying conductors,
supplying current to forced air furnace, motors and electrical
water heaters, shall be provided in a suitable and accessible
location adjacent to said furnace or water heater.
SECTION 17: Remodeling Installa·i;ions
On any proposed remodeling, where more than 50% of the
electrical wiring in any structure is to be altered, electrical
wiring throughuut the structure shall be made to comply with the
requirements of this Ordinance. The Electrical Inspector may, at
his discretion, waive the requirements of this Section.

SECTION 18. Signs
(1) The mere holding of a Master Electrician's License, an
Electrical Contractor's License, or a Journeyman Wiremen's License
does not authorize the holders of any such license to erect or
install s,igns. Before any sign shall be erected or installed by
such license  holders, they shall be required·to comply With the
Building Code Ordinance of the Tovm of Johnson.
(2) Electrical wiring for signs and sign circuits shall
comply with the requirements of the National Electrical Code as
amended by this Ordinance.
SECTION 19. Motors
(1) Before a motor installation of 5 HP or more is made,
a permit must be secured from the Electrical Inspector and the
electric service company must appove the voltage and phase available

(2) All motors shall be installed in compliance with
the National Electrical Code .
SECTION 20. Sealing of Service Cabinets
It shall be unlawful for any person other than an authorized
employee of the electric service company, the Electrical Inspector
or authorized member of the Fire Department to break any seal
of any electric meter, transformer, or cabinet. In case of
.mergency, an authorized employee of a licensed electrical
contractor or an employee under the supervision of a licensed
electrician may break a seal when necessary to replace fuses.
In such cases, the electric service company must be notified by,
the party breaking the seal within twenty-four (24) hours, in
order that the equipment may be resealed.
SECTION 21. Penalty
(l) A person, firm or corporation who engages in or follows
the business or occupation of, or advertises or holds himself or
itself out or acts temporarily or otherwise as an electrician
without first having secured the required license or permit, or
who otherwise· violates any provis.ion of this Ordinance, shall
be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine of not less than Twenty-Five Dollars
($25.00) nor more than One Hundred Dollars ($100.00) or by
imprisonment in the County Jail for not less than thirty (30)
days nor more than six (6) months, or by both such fine and
imprisonment. Each act of violation and each day during which a
violation continUes shall cons±itute a separate offense.
(2) Any :firm or person who shall do any act prohibited by
this Ordinance or fail or refuse to obey a lawful order of the
Electrical Inspector or his authorized representative shall be
punished by imprisonment in the County Jail for not more than
ninety (90) days, or by a fine not to exceed One Hundred ($100.00)
Dollars, or by both such fine or imprisonment.
(3) Any Electrical Contractor who shall employ an apprentice
representing him to be a Journeyman shall be punished by a fine
of not more than Twenty-Five ($25.00) Dollars or by imprisonment

fine or imprisonmen·t. Each day of violation shall constitute
a separate offense.
SECTION 22. Severabilityof Provisions
The invalidity or tmconstitutionality of any sentence,
clause, paragraph, part or section of this Ordinance or of the
Code herein adopted shall not invalidate other sections or
parts hereof.
SECTION 23. Repeal of Conflicting Ordinances
All Ordinances and parts of Ordinances in conflict herevri th
are hereby repealed.
SECTION 24. Emergency
This Ordinance being for the preservation of the health,. safety
and welfare of the citizens of Johnson, Arkansas, the threat to
which by inadequate regulation is eminent, an emergency is hereby
declared to exist, and this Ordinance shall be in full force and
effect upon its passage and approval.