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Chapter 15 ELECTRICITY*__________ *Cross referencesBuilding, ch. 11; fire protection and prevention, ch. 16; housing, ch. 21; mobile homes, ch. 24; electricity in mobile home parks, § 24-18; electric lines and wires in parks, § 27-16.9; plumbing, ch. 33; signs and outdoor advertising, ch. 37; utilities, ch. 41; utility service to comply with technical regulations, § 41-4; electric utility, § 41-46 et seq. State law referencesAuthority to regulate electrical work and electricians, SDCL 9-33-5, 9-34-12, 36-16-35. __________ Sec. 15-1. Electrical code adopted. Sec. 15-5. New electrical work. Sec. 15-6. Application to existing electrical systems. Sec. 15-7. Powers and duties of building official. Sec. 15-9. Cooperation of other officials and officers. Sec. 15-10. Unsafe electrical systems, apparatus, wiring or equipment. Sec. 15-11. Electrical board of appeals and examiners. Sec. 15-14. Permit application. Sec. 15-16. Homeowner permit expiration. Sec. 15-17. Permit suspension or revocation. Sec. 15-20. Connection approval. Sec. 15-21. Temporary connections. Sec. 15-25. License use restricted. Sec. 15-27. Vehicle identification. Sec. 15-28. License application. Sec. 15-29. License term and renewal. Sec. 15-31. Existing master electricians. Sec. 15-32. Reserved. Sec. 15-33. Reserved. Sec. 15-34. Installation by owner. Sec. 15-35. Amendments to the National Electrical Code. Sec. 15-36. Suspension or revocation of license. Sec. 15-37. Administrative appeal of license suspension, revocation, or refusal to renew. Sec. 15-38. Time of hearing and notice. Sec. 15-39. Hearing procedures. Sec. 15-40. Appeal to circuit court. Sec. 15-1. Electrical code adopted.The National Electrical Code, 2008 edition (NFPA No. 70-2008), published by the National Fire Protection Association, as amended, is hereby adopted by the city for all electrical installations. A printed copy of the code shall be filed with the city clerk. (Ord. No. 62-80, § 2, 7-7-80; Ord. No. 28-82, § 1, 3-29-82; Ord. No. 104-83, § 1, 12-12-83; Ord. No. 104-86, § 1, 12-8-86; Ord. No. 21-90, § 1, 3-26-90; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 117-96, § 1, 10-7-96; Ord. No. 117-01, § 1, 12-10-01; Ord. No. 24-03, § 1, 3-3-03; Ord. No. 122-05, § 1, 12-5-05; Ord. No. 107-08, § 1, 8-18-08) Sec. 15-2. Title.This ordinance, hereinafter also referred to as this code, shall be known as the "Sioux Falls Electrical Code", and may so be cited. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-3. Purpose.The purpose of this code is to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling persons qualified to perform electrical work and the design, construction, installation, quality of materials, location, operation and maintenance of electrical systems, apparatus, wiring or equipment for electrical light, heat, power, fire alarms and associate controls, within the jurisdictional limits of the city. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-4. Scope.The provisions of this code shall apply to the installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any electrical system, apparatus, wiring or equipment for electrical light, heat, power, fire alarms and associate controls, within the jurisdictional limits of the city. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-5. New electrical work.All new electrical work shall be installed in conformance with this code and all relevant ordinances, laws, rules and regulations of this city and the state. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-6. Application to existing electrical systems.(a) Additions, alterations or repairs. Additions, alterations or repairs to any building, structure or premises may be made to any electrical system or equipment without requiring the existing electrical system to comply with all the requirements of this Code, provided the addition, alteration or repair conforms to that required for a new electrical system or equipment. Additions, alterations, installations or repairs shall not cause an existing system to become unsafe, create unhealthy or overloaded conditions, or shall not adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the Code in effect at the time the additions are made. Provisions of the International Building Code may apply to buildings undergoing additions, alterations, and repairs. (b) New electrical service entrances in existing single-family and multiple-family dwellings. When adding a new service entrance with increased amperage, the existing electrical system shall, at a minimum, comply with the following: (1) Kitchens. Each kitchen shall have a minimum of one 20-ampere circuit serving a counter top receptacle, and a grounded receptacle serving a refrigerator. (2) Overcurrent device location. Each occupant shall have access to his branch circuit overcurrent devices, without going outdoors or through another occupancy. (3) Habitable areas. All habitable areas, other than closets, kitchens, basements, garages, hallways, laundry areas, utility areas, storage areas, and bathrooms shall have minimum of two duplex receptacle outlets, or one duplex receptacle outlet and one ceiling or wall-type lighting outlet. (4) Minimum lighting outlets. At least one lighting fixture shall be provided in every habitable room, bathroom, hallway, stairway, attached garage, and detached garage with electrical power, in utility rooms and basements where such spaces are used for storage or contain equipment requiring service, and to illuminate outdoor entrances and exits. (5) Ground fault circuit interrupters. Ground fault circuit interrupter protection shall be provided for all receptacles in bathrooms, above kitchen counters, attached and detached garages provided with power, at readily accessible receptacles within six feet of sinks, unfinished basements and at outdoor locations. The exceptions of the National Electrical Code 210.8(A) 3 and 5 shall apply. (6) Laundries. Each laundry shall be provided with at least one separate 20-ampere circuit. (7) Heat sources. Any heat source shall be provided with a separate circuit. (8) Exposed wiring methods. All exposed wiring methods shall be installed in accordance with the applicable National Electrical Code article. Minor additions, alterations and repairs to existing electrical systems or equipment may be installed in accordance with the law in effect at the time the original installation was made, when approved by the electrical inspector. (c) Existing installations. Electrical systems or equipment lawfully in existence at the time of the adoption of this Code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life, health or property has been created by such electrical system. (d) Changes in building occupancy. Electrical systems or equipment that are a part of any building or structure undergoing a change in occupancy, use or character of use as defined in the building code, shall comply with all requirements of this Code which may be applicable to the new occupancy, use or character of use. Provisions of the International Existing Building Code may apply to buildings undergoing a change of occupancy. (e) Maintenance. All electrical systems, equipment materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this Code shall be maintained in conformance with the code edition under which installed. The owner or the owner's designated agent shall be responsible for maintenance of electrical systems and equipment. To determine compliance with this subsection, the building official may cause an electrical system or equipment to be reinspected. (f) Moved buildings. Single, modular, or multi- family residential units moved from one location to another must have at least a 100-ampere service at the new location and must meet the ground-fault circuit-interrupter protection and arc-fault circuit interrupter protection requirements of the National Electrical Code. (Ord. No. 65-93, § 1, 8-9-93; Ord. No. 24-03, §§ 3, 4, 3-3-03; Ord. No. 122-05, § 2, 12-5-05; Ord. No. 107-08, § 2, 8-18-08) Sec. 15-7. Powers and duties of building official.(a) General. (1) The building official is hereby authorized and directed to enforce all the provisions of this Code. For such purposes the building official shall have the powers of a law enforcement officer. (2) The building official shall have the power to adopt and enforce rules and regulations to the administrative provisions of this Code. Such rules and regulations shall be in conformity with the intent and purpose of this Code. (3) In accordance with the prescribed procedures and with the approval of the city commission, the building official may appoint such number of licensed electrical inspectors and other employees as shall be authorized from time to time. The building official may deputize licensed electrical inspectors or employees as may be necessary to carry out the functions of the code enforcement agency. Licensed electrical inspectors shall have the power to render interpretations of the National Electrical Code. Such interpretations shall be in conformity with the intent and purpose of this code and other pertinent state laws or rules. (b) Right of entry. When it is necessary to make an inspection to enforce the provisions of this Code, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (c) Stop orders. When any work is being done contrary to the provisions of this Code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop work until authorized by the building official to proceed with the work. (d) Authority to disconnect utilities in emergencies. The building official or the building official's authorized licensed electrical inspectors shall have the authority to disconnect electrical utility service, or energy supplies to a building, structure, premises or equipment regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official or licensed electrical inspectors shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter. (e) Authority to condemn electrical systems, apparatus, wiring or equipment. (1) When the electrical inspector ascertains that any electrical systems, apparatus, wiring or equipment, or portion thereof, regulated by this code has become hazardous to life, health or property, the electrical inspector shall order in writing that the equipment either be removed or restored to a safe condition, as appropriate. The written notice shall contain a fixed time limit for compliance with such order. Persons shall not use or maintain defective equipment after receiving a notice. (2) When electrical systems, apparatus, wiring or equipment or an installation is to be disconnected, written notice of the disconnection and causes therefor shall be given within 24 hours to the serving utility, the owner and occupant of the building, structure or premises. When any equipment is maintained in violation of this code, and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute an appropriate action to prevent, restrain, correct or abate the violation. (f) Connection after order to disconnect. Persons shall not make connections from a source of electrical energy to any building or portion thereof or equipment regulated by this code which has been disconnected or ordered to be disconnected by the electrical inspector or the use of which has been ordered to be discontinued by the electrical inspector until the electrical inspector authorizes the reconnection and use of such equipment. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-8. Liability.(a) The building official, charged with the enforcement of this [electrical] code, acting in good faith and without malice in the discharge of his duties required by this Code or other pertinent laws or ordinances, shall not thereby be rendered personally liable for damages that may accrue to persons or property as the result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the building official or employee in the enforcement of any provision of such code or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be afforded all protection provided by the city's insurance pool, immunities, and any immunities and defenses provided by other applicable state and federal laws. (b) This code shall not be construed to relieve from or lessen responsibility of any person owning, operating or controlling any equipment regulated herein for damages to persons or properties caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates issued under this Code. (Ord. No. 68-86, § 22, 7-7-86; Ord. No. 65-93, § 1, 8-9-93) Sec. 15-9. Cooperation of other officials and officers.The building official may request and shall receive the assistance and cooperation of other officials of this jurisdiction so far [as] is required in the discharge of the duties required by this code or other pertinent law or ordinance. (Ord. No. 68-86, § 21, 7-7-86; Ord. No. 65-93, § 1, 8-9-93) Sec. 15-10. Unsafe electrical systems, apparatus, wiring or equipment.(a) General. Unsafe electrical systems, apparatus, wiring or equipment regulated by this Code, which is unsafe or which constitutes a fire or health hazard or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of unsafe electrical systems, apparatus, wiring or equipment regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, improper operating condition, improper location, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal. (b) Uncompleted or uninspected installations. When electrical work has commenced and the owner, occupant or contractor has neglected or refused to make arrangements for the electrical inspector to make a final inspection of the installation at a mutually agreeable time, the installation may be presumed unsafe, and the building official shall have recourse to the remedies provided by law to secure entry and abate any violations. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-11. Electrical board of appeals and examiners.There shall be and is hereby created an electrical board of appeals and examiners consisting of one representative of licensed electrical contractors, one representative of local light and power companies other than municipal, one representative of licensed journeyman electricians, one local representative from the state-approved electrical engineers, and one member at large. The building official or electrical inspector shall be an ex officio member and shall act as secretary of the board. The board shall be appointed by the mayor with the advice and consent of the city council and shall hold office for a term of three years. The board shall have the power to examine applicants for licensing and determine the suitability of alternate materials, methods of installation, and provide for reasonable interpretations of this code, and licensing determinations of the chief building services official. The board of appeals and examiners shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. The board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicated copy to the building official. (Ord. No. 68-86, § 16, 7-7-86; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 113-96, § 1, 10-7-96; Ord. No. 105-08, § 49, 8-18-08) Cross referenceAdministration, ch. 2. Sec. 15-12. Violations.It shall be unlawful for a person, firm or corporation to install, replace, enlarge, alter, repair, move, improve, remove, convert, connect or demolish, equip, use or maintain electrical systems or equipment or cause to permit the same to be done in violation of this Code. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-13. Permits required.(a) Except as otherwise permitted herein, it shall be unlawful for any person to install, alter, repair, replace or connect any electrical system or equipment regulated by this chapter or cause the work to be done without first obtaining a separate electrical permit for each building or structure. Exception: Factory representatives may repair or maintain fire alarm systems which they have been trained and certified to work on. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, or when an inspection as required in section 15-19 is failed to be requested, a special investigation shall be made before a permit may be issued for said work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by section 15-18 but not more than $100.00. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (b) An electrical permit shall be required for the following: (1) Installation of five or more outlets, switches, receptacles, fixtures, or two new electrical circuits 30 amps or less or one new electrical circuit greater than 30 amps. (2) Connection of a sign to a new or existing circuit. (3) Installation of receptacle for, or connection to, any appliance or equipment totaling more than five kilowatts. (4) Installation of service entrance or addition to service entrance equipment. Any change in service conductors or service entrance equipment shall require a permit. (5) Connection to a fixed motor or equipment with total rating of two horsepower or more. (6) Connection to a fixed air conditioner. (7) Connection to a capacitor bank. (8) Connection to a transformer rated more than five kilovolt-amps. (9) Connection of a branch circuit for a furnace. (10) Construction of an electric sign. (11) Installation of all class I fire alarm systems. (12) Connection to a spa, hot tub, hydromassage bathtubs, swimming, wading, therapeutic or decorative pools, or any equipment listed in Article 680 of the National Electrical Code. (13) Installation of a circuit or connection of any equipment to a hazardous location defined by Article 500 of the National Electrical Code. (Ord. No. 68-86, § 12, 7-7-86; Ord. No. 116-90, § 7, 12-3-90; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 117-96, § 2, 10-7-96; Ord. No. 24-03, § 5, 3-3-03) Editor’s notePermits for class II and III power limited fire alarm systems shall be obtained pursuant to the fire code. Sec. 15-14. Permit application.(a) For the purpose of clarification an inspection is synonymous whenever the word permit occurs. (b) To obtain a permit, the licensed contractor shall first request an inspection as required in section 15-19, inspection requests, or in the case of a homeowner shall file an application therefor in writing on a form furnished by the building official for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which the application is made. (2) Describe the land in which the proposed work is done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. (4) Be accompanied by plans, diagrams, computations and specifications. (5) Be signed by the applicant or the authorized agent of the applicant for the issuance of a homeowners permit. (6) Give such other data and information as may be required by the building official. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-15. Plan review fees.(a) When the building official determines that the wiring is of such a technical nature that plans and data are required to demonstrate that such work will be in conformance with applicable regulations, a plan review fee may be charged at the time of submitting plans and specifications for review. The plan review fee shall be on an hourly rate as set forth in section 15-18. (b) The plan review fees specified in this subsection are separate fees from the permit fees specified in section 15-18 and are in addition to permit fees. (c) When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-16. Homeowner permit expiration.(a) After the work has commenced, the owner shall make arrangements for the electrical inspector to inspect the installation. Failure to arrange for an inspection shall cause the permit to expire by limitation and become null and void and the work shall be presumed unsafe pursuant to section 15-10. (b) All homeowner permits shall expire by limitation and become null and void if the work authorized is not completed within two years from the date of such permit, and all work which has not received a final inspection shall be presumed unsafe pursuant to section 15-10. (c) The building official is authorized to establish a refund policy for homeowner electrical permits. (Ord. No. 65-93, § 1, 8-9-93; Ord. No. 117-96, § 3, 10-7-96; Ord. No. 117-01, § 3, 12-10-01; Ord. No. 24-03, § 6, 3-3-03) Sec. 15-17. Permit suspension or revocation.The building official may, in writing, suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinance or regulation. (Ord. No. 68-86, § 8, 7-7-86; Ord. No. 65-93, § 1, 8-9-93) Sec. 15-18. Fees.The following fees shall be charged for electrical permits and inspections except for existing circuits reconnected to new service. (1) Inspection fees for new residential installations. The cost for inspections of all new single-family and new two-family residential electrical services, including associated wiring, apparatus, and equipment, is based on the service ampere capacity as follows: a. 0 through 200 amperes . . . $95.00 b. 201 through 400 . . . 190.00 c. 401 amperes and over . . . 200.00 Plus circuits as provided in section 15-18(3) inspection fees for circuit installation or alteration. The fees in this subsection include one service inspection, one rough-in inspection, and one final inspection. Additional inspections will be charged the minimum inspection fee. Three inspections will be made for the applicable fee in this subsection. (2) Inspection fees for service connections on other installations. The cost of inspections for service connections on other installations, such as replacement service installations for existing homes, all commercial installations, and all service installations not covered in this chapter, is based on service equipment ampere capacity as follows: a. 0 through 200 amperes . . . 40.00 b. 201 through 400 amperes . . . 55.00 c. 401 through 800 amperes . . . 80.00 d. 801 through 1,600 amperes . . . 130.00 e. 1,601 amperes and over . . . 250.00 These fees are in addition to the fees required by subsection (3) of this section. When remodeling single-family and two-family residences, these fees shall not exceed the flat rate fee for comparable new single-family residential electrical service. (3) Inspection fees for circuit installation or alterations. Inspection fees for circuit installations or alterations, including all commercial installations, new work in existing homes, and all other installations not covered by this chapter shall be charged for each single circuit in a cabinet or panel, not counting spares and spaces, as follows: a. 0 through 30 amperes . . . 6.00 b. 31 through 60 amperes . . . 12.00 c. 61 through 100 amperes . . . 15.00 d. Each additional 100 amperes or fraction thereof . . . 10.00 Circuits in new homes are included in fees under subsection (1) of this section. (4) Inspection fees for remodeling work. Inspection fees for remodeling work, including remodeling work in existing homes, where the service and branch circuits are not changed, are based upon the following schedule: a. First 40 openings or connections . . . 1.00 b. Each additional opening or connection . . . 0.50 c. First 40 lighting fixtures . . . 1.00 d. Each additional lighting fixture . . . 0.50 e. Each motor or special equipment . . . 6.00 (5) Inspection fees for apartment buildings. Inspection fees for the wiring of each apartment, including the feeder, in apartment buildings with three or more units are based on the following schedule: a. First six units, per unit . . . 40.00 b. Next ten units, per unit . . . 30.00 c. Remaining units, per unit . . . 25.00 When each apartment is served individually, the service is included in the flat rate fee. All other service entrances are subject to subsection (2) of this section and all other circuits and feeders are subject to subsection (3) of this section. (6) Inspection fees for outdoor signs or area lighting. The inspection fee for outdoor signs or area lighting is calculated as follows: a. Outdoor signs: 1. $40.00 for each outdoor sign, feeder or branch circuits; or 2. Pursuant to subsection (2), (3), or (13) of this section, whichever is greater. b. Area lighting: 1. $25.00 for each lighting standard (pole or tower); or 2. Pursuant to subsection (2) or (3) of this section, whichever is less. (7) Inspection fees for mobile home service and feeders. The inspection fee for mobile home service for each lot or location, whether on or off a mobile home court, is as follows: a. First unit, service only . . . 50.00 b. Each additional unit, service only . . . 25.00 One electrical permit may apply to an entire court under one contract. If a feeder is installed, it is not part of the service and the inspection fee is computed from subsection (3) of this section. (8) Inspection fees for recreational vehicle service. The inspection fee for recreational vehicle service is based on each recreational park site pedestal as follows: a. First pedestal . . . 40.00 b. Remaining pedestals, each . . . 25.00 The service to the recreational vehicle park itself is not considered part of the pedestals covered by this section, and the fee is computed under subsection (2) of this section. (9) Inspection fees for swimming pools. Inspection fees for swimming pools are as follows: a. Residential pools . . . 125.00 b. All other pools--pursuant to subsection (15)c. (10) Inspection fees for nonpower limited fire alarm systems. Inspection fees for fire alarm systems shall be as follows: a. Fire alarm panel and power source . . . 17.00 b. Each zone . . . 3.00 c. Each device or opening in a multiplex or point annunciation system or an additional device or opening to an existing installation: For up to six, each . . . 1.00 Plus, for each additional device or opening . . . 0.25 (11) Homeowner's permit fee . . . 20.00 State wiring permit . . . 5.00 (12) Minimum inspection fee for any permit requiring inspection except for energy load saver switch equipment . . . 19.00 (13) Energy saver switch equipment: a. One- and two-family dwellings, per saver switch . . . 10.00 b. Multiple-family dwellings. 1. First saver switch . . . 15.00 2. Per saver switch for remaining saver switches . . . 6.00 (14) Transient and migratory events. Inspection of transient or migratory events, including but not limited to carnivals and circuses shall be as follows: a. General inspection fee . . . 100.00 b. State wiring permit . . . 5.00 c. Each ride, or concession . . . 5.00 d. Each generator or transformer . . . 20.00 (15) Other inspections and fees. [Other inspections and fees shall be as follows:]. a. Inspections outside of normal business hours (minimum charge, one hour), per hour . . . 50.00* b. Reinspection fees assessed under provisions of section 15-19 (minimum charge, one hour), per hour 70.00* c. Inspections for which no fee is specifically indicated (minimum charge, one hour), per hour 70.00* d. Additional plan review required by changes, additions, revisions to approved plans (minimum charge, one hour), per hour 70.00* e. Fee for late corrections. If corrections listed on an inspection report are not completed within the specified time, the inspector shall issue a correction order and assess a $100.00 administrative fee. The inspector shall also assess a reinspection fee. f. Fee for failure to request a required inspection. Where electrical work is completed without a request for an inspection, an administrative fee of $250.00 may be charged. *Or the total hourly cost to the city, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. g. Appeals: Before any action is taken by the board, the party or parties requesting such hearing shall deposit with the secretary of the board or his authorized agent, the sum of $65.00 to cover the approximate cost of the procedure. Under no condition shall said sum or any portion thereof be refunded for failure of said request to be approved. h. Examination fee: All classes, per examination . . . 75.00 i. A mileage fee at the current rate as established by the finance department shall be charged for any inspection occurring outside the city limits. j. Delinquent accounts. The building official may refuse to issue permits or conduct inspections for any delinquent account. k. Bond claims. An administrative fee shall be charged to cover the administrative cost of filing a claim . . . 150.00 (Ord. No. 68-86, § 3, 7-7-86; Ord. No. 10-89, § 1, 1-23-89; Ord. No. 67-90, § 1, 7-23-90; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 15-94, § 1, 2-22-94; Ord. No. 104-94, § 1, 11-21-94; Ord. No. 117-01, § 4, 12-10-01; Ord. No. 24-03, § 7, 3-3-03; Ord. No. 27-05, § 1, 3-21-05; Ord. No. 122-05, § 3, 12-5-05; Ord. No. 105-08, § 50, 8-18-08) Sec. 15-19. Inspections.(a) General. Electrical systems, apparatus, wiring equipment and signs for which a permit is required by this code shall be subject to inspection by the electrical inspector and such electrical systems, apparatus, wiring equipment and signs shall remain accessible and exposed for inspection purposes until approved by the electrical inspector. It shall be the duty of the licensed contractor defined herein or designated electrician to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the electrical inspector nor the city shall be liable for expense entailed in the removal or replacement of any material required to permit inspection. The following required inspections shall be made: (1) Service. When the service entrance equipment has been permanently and securely attached to the finished building structure. (2) Rough-in. After all electrical raceways, underground conduit, or wiring have been installed, and before any interior walls, floors, ceilings or trenches are covered with insulation, sheetrock, lath, paneling, earth, concrete, asphalt or other materials, the class B electrician, the fire alarm contractor, the electrical contractor or his authorized representative shall notify the electrical inspector for a rough-in inspection of the wiring to determine whether all requirements relative to rough-in wiring have been installed to comply with this chapter. Exception: Class II and III power limited fire alarm systems are exempt from this inspection but shall be inspected by the fire prevention division in accordance with the fire code and electrical code. (3) Final. After all raceways or wiring have been installed and all interior walls are covered with insulation, sheetrock, lath, paneling or other approved materials, the fire alarm contractor, the class B electrician, the electrical contractor or his authorized representative shall notify the electrical inspector for a final inspection of the wiring to determine whether all requirements relative to a final wiring have been installed to comply with the code for permanent power connection. Electrical systems regulated by this code shall not be connected to the source of electrical energy until approved by the electrical inspector. Exception: Class II and III power limited fire alarm systems are exempt from this inspection but shall be inspected by the fire prevention division in accordance with the fire code and electrical code. (4) Electric signs. Electric signs shall be inspected in the shop by the electrical inspector prior to installation. Signs will also be inspected after installation by the electrical inspector. Exception: Electric signs which are labeled by an approved testing laboratory are only subject to inspection upon installation. (5) [Grid work and related apparatus of a swimming pool.] All grid work and related apparatus of a swimming pool must be inspected prior to pouring the cement or other covering of the pool. (b) Inspection requests. (1) It shall be the duty of the licensed contractor as defined herein or designated electrician doing the work authorized by a permit to notify the electrical inspector that such work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. (2) It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. (c) Other inspections. In addition to the called inspections required by this code, the building official may make or require other inspections of electrical work to ascertain compliance with the provisions of this Code. (d) Reinspections. (1) A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. (2) This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. (3) Reinspection fees may be assessed, when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested. (Ord. No. 68-86, § 15, 7-7-86; Ord. no. 116-90, § 9, 12-3-90; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 79-02, § 3, 10-15-02; Ord. No. 122-05, § 4, 12-5-05) Sec. 15-20. Connection approval.No person shall make a connection from a source of electrical energy to any electrical service entrance or equipment until the connection has been inspected and approved by the electrical inspector. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-21. Temporary connections.The electrical inspector may authorize temporary connection of electrical systems or equipment to the source of energy for the purpose of testing the equipment or for use under a temporary certificate of occupancy. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-22. Definitions.The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Apprentice electrician means a person who is learning the electrical trade under the supervision of an electrical contractor, class B contractor or journeyman electrician and is licensed with the city and registered with the South Dakota Electrical Commission. Building official means the person charged with the administration and enforcement of this Code or the building official's duly designated representative. Class B contractor means a person who has the necessary qualifications, training, experience and technical knowledge to plan, layout and supervise the proper installation and repair of electrical wiring, fire alarm systems, apparatus and equipment for electric light, heat and power in residential and farm occupancies, and who undertakes or offers to undertake, to plan, layout, supervise or install, or make additions, alterations and repairs to such work and who is licensed by the city and the South Dakota Electrical Commission. Class I maintenance license means a public or private entity which obtains a class I maintenance license from the city to perform electrical work on land and facilities owned or leased by the entity and who employs a full-time contractor who shall be responsible for the personal supervision of all electrical work. Class II and III, power limited fire alarm system means a power limited fire protective signaling circuit which derives its power from either an alternating or direct current (AC-DC) source, which is inherently limited requiring no overcurrent protection or limited by a combination of a power source and overcurrent protection as covered by Articles 725, 760 and 800 of the National Electrical Code and Chapter 9 of the 2000 International Fire Code. The primary 120-volt power source is required to be installed by a locally licenses electrical contractor. Class II maintenance license means a public or private entity which obtains a class II maintenance license from the city to perform maintenance electrical work on land and facilities owned or leased by the entity and who employs a full-time journeyman electrician who shall be responsible for the personal supervision of all maintenance electrical work. Electrical contractor means a person who has the necessary qualifications, training, experience and technical knowledge to plan, layout and supervise the proper installation and repair of electrical wiring, fire alarm systems, apparatus and equipment for electric light, heat and power, and who undertakes or offers to undertake, to plan, layout, supervise or install or make additions, alterations and repairs to such work and who is licensed by the city and the South Dakota State Electrical Commission. Electrical work means all installation, alteration, repair, replacement or maintenance of electrical wiring, apparatus or equipment for electric light, heat or power, fire alarms and associate controls. Employee means a person whose compensation for electrical work is reported by the employer on an Internal Revenue Service W-2 form, and is also otherwise considered an employee under applicable law. Fire alarm contractor means a person who has the necessary qualifications, training, experience and technical knowledge to plan, layout and supervise the proper installation and repair of class II and III power limited fire alarm systems, and who undertakes or offers to undertake, to plan, layout, supervise or install or make additions, alterations and who is licensed by the city. Inactive Class B contractor is a person who holds an active or inactive Class B electrician's license issued by the South Dakota State Electrical Commission. No person holding an inactive Class B contractor's license may perform work requiring a Class B contractor's license. This person may activate a Class B contractor's license by paying the appropriate fee and providing proof that he or she holds an active Class B Electrician's License from the State Electrical Commission. Inactive electrical contractor means a person who holds an active or inactive electrical contractor's license issued by the South Dakota Electrical Commission. No person holding an inactive electrical contractor's license may perform work requiring an electrical contractor's license. This person may activate an electrical contractor's license by paying the appropriate fee and providing proof that he or she holds an active Electrical Contractor's License from the State Electrical Commission. Journeyman electrician means a person who has the necessary qualifications, training, experience and technical knowledge to do electrical installations in accordance with the standard rules and regulations governing such installations and who is licensed by the city and the South Dakota Electrical Commission. Maintenance electrical work is limited to electrical maintenance work, which is repair or replacement of existing wiring devices and electrical utilization equipment using material with the same capacity and characteristics as the material replaced. Maintenance electrical work does not include addition to or alteration of feeders, services, fixtures, or motors which affects the loading of the feeder, circuit, or system and repair, replacement, or extension of existing circuits; changing motor sizes, adding fixtures, or a complete change-out of lighting, motors, receptacles, or electrical equipment, repair or replacement of any electrical equipment or components associated with Hazardous Locations Article 500-516, Health Care Facilities Article 517, Exit and Emergency Systems Article 700, Legally Required Standby Systems Article 701, and Fire Alarm Systems Article 760, of the National Electrical Code, and any other act which changes electrical characteristics of the existing system. Owner is a natural person who physically performs electrical work on the premises the person owns and actually occupies as a resident or owns and will occupy as a residence upon completion of the construction. Personal supervision means that an electrical contractor, class B contractor, sign wiring contractor, fire alarm contractor and journeyman electrician oversees and directs the work for which they are licensed and that: (1) He is immediately available to his electricians or installers. (2) He is able to, and does determine that all work performed is in compliance with this chapter. Point of service attachment means that point where the power supplier's conductors connect to the consumer's conductors. Such point of attachment may not be located beyond the load side terminals of the meter or current transformer for service installations of 600 volts or less or at the distribution transformer secondary terminals for service installations with over 600 volts metering. Residential occupancy means a lot containing one dwelling unit and accessory buildings. Sign wiring contractor means any person licensed by the city having the necessary qualifications to execute the work of manufacturing, maintaining, repairing and installing sockets and luminous gaseous tubes energized by transformers or ballasts, in and on signs and outline lighting on buildings or as decorative lighting inside buildings, but not including connections to the source of a primary electrical power supply. (Ord. No. 68-86, § 1, 7-7-86; Ord. No. 112-88, § 1, 11-28-88; Ord. No. 116-90, § 1, 12-3-90; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 73-00, §§ 1--3, 8-14-00; Ord. No. 79-02, § 4, 10-15-02; Ord. No. 107-08, §§ 34, 8-18-08) State law referenceSimilar provisions, SDCL 36-16-2. Sec. 15-23. License required.(a) Electrical contractor. Except as otherwise provided herein, no person other than an employee, partner or officer of a licensed electrical contractor as defined in section 15-22 shall undertake or offer to undertake electrical work with or without compensation unless the person obtains an electrical contractors license from the city. (b) Class B contractor. Except as otherwise provided herein, no person other than an employee, partner or officer of a licensed class B contractor as defined in section 15-22 shall undertake or offer to undertake class B work with or without compensation unless the person obtains a class B contractors license from the city. (c) Sign wiring contractor. Except as otherwise provided herein, no person other than an employee, partner or officer of a licensed sign wiring contractor as defined in section 15-22 shall undertake or offer to undertake sign wiring work with or without compensation unless the person obtains a sign wiring contractors license from the city. (d) Fire alarm contractor. Except as otherwise provided herein, no person other than an employee, partner or officer of a licensed fire alarm contractor as defined in section 15-22 shall undertake or offer to undertake fire alarm work with or without compensation unless the person obtains a fire alarm contractors license from the city. (e) Journeyman electrician. Except as otherwise provided herein, no person shall perform electrical work unless the person is: (1) Licensed by the city as a journeyman electrician. (2) The electrical work is for a licensed electrical contractor or class B contractor and the person is an employee, partner or officer of the licensed electrical contractor and the work is performed under the personal supervision of the electrical contractor or class B contractor. (3) The electrical work is for the holder of a Class I or Class II maintenance license and the person is a full-time employee, partner or officer of the license holder. (f) Apprentice electrician. Except as otherwise provided herein, no person shall perform electrical work unless the person is: (1) Licensed by the city and the South Dakota Electrical Commission as an apprentice electrician. (2) The electrical work is for a licensed electrical contractor or class B contractor and the person is an employee, partner or officer of a licensed electrical contractor or class B contractor and the work is performed in the presence of the electrical contractor and/or journeyman electrician or class B contractor also employed by the person's employer. (3) The electrical work is for the holder of a class I maintenance license and the person is an employee, partner or officer of the license holder. (g) Class I maintenance license. Except as otherwise provided herein, no employee shall perform electrical work on an employer's premises unless: (1) The employer holds a class I maintenance license issued by the city. (2) The employee is licensed by the city and the South Dakota Electrical Commission as an electrician. (3) The employer employs full-time an electrical contractor to provide personal supervision. (h) Exceptions. (1) Employees of utilities engaged in the manufacture and distribution of electrical energy, when engaged in work directly pertaining to the manufacture and distribution of electrical energy. This exemption shall terminate at the first point of service attachment, except for the installing or testing of electric meters and measuring devices and the maintenance of their service; (2) Employees of telephone, telegraph, radio and television communication services and pipelines or persons or companies when engaged in work pertaining directly to such services, provided such work is designed, serviced or installed by a person qualified in the work being done; (3) Electrical work and equipment in mines, ships, railways, rolling stock or automotive equipment, and in packing plants supervised and regulated by the department of agriculture; (4) Replacement of lamps and connection of portable electrical devices to suitable receptacles which have been permanently installed; (5) Radio and appliance service repair departments; (6) Maintenance on oil burners and space heaters where installation of same has been effected by a class B or journeyman electrician in accordance with this chapter; (7) Architects, designers and engineers engaged in the planning and laying out of electrical work; (8) Employees of electrical utilities engaged in the installation and maintenance of utility street lighting, traffic signal devices or electric utility-owned security lights. (i) Class II maintenance license. Except as otherwise provided herein, no employee shall perform maintenance electrical work on an employer's premises unless: (1) The employer holds a Class II maintenance license. (2) The employer employs a full-time journeyman electrician to provide personal supervision. (3) The employee is licensed by the city and the South Dakota Electrical Commission as an electrician. (Ord. No. 68-86, § 4, 7-7-86; Ord. No. 104-86, § 3, 12-8-86; Ord. No. 11-90, § 1, 2-20-90; Ord. No. 87-90, § 1, 9-19-90; Ord. No. 116-90, § 2, 12-3-90; Ord. No. 7-91, § 1, 1-14-91; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 117-96, § 4, 10-7-96; Ord. No. 73-00, §§ 4, 5, 8-14-00; Ord. No. 107-08, § 5, 8-18-08) Cross referenceLicenses, ch. 23. Sec. 15-24. Apprentice ratio.There shall be a ratio of not more than three apprentices to each electrical contractor, journeyman electrician or class B contractor on any job site. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-25. License use restricted.No licensed contractor shall allow his name or license to be used by any other person directly or indirectly, either to obtain a permit for the installation or construction of any electrical system, equipment or sign, or to install any such system, equipment or sign. (Ord. No. 68-86, § 10, 7-7-86; Ord. No. 116-90, § 5, 12-3-90; Ord. No. 65-93, § 1, 8-9-93) Sec. 15-26. Bond required.(a) As a condition of his license, each fire alarm contractor and sign wiring contractor shall give and maintain a surety bond in the penal sum of $10,000.00 in a form approved by the city. (b) The bond shall be conditioned upon the faithful and lawful performance of all work entered upon by the contractor within the city and for compliance with all the provisions of this chapter. The bond shall be in lieu of all other license bonds to any political subdivision or government agency. Such bond shall be written by a corporate surety licensed to do business in the state. (Ord. No. 68-86, § 5, 7-7-86; Ord. No. 116-90, § 3, 12-3-90; Ord. No. 65-93, § 1, 8-9-93) Sec. 15-27. Vehicle identification.Any vehicle used by a contractor while performing electrical work for which a license is required shall have the contractor's business name and city and state license numbers as they appear on the license in contrasting color with characters one and one-half inches high by one and one-half inches wide affixed to each side of the vehicle. (Ord. No. 68-86, § 11, 7-7-86; Ord. No. 67-87, § 2, 8-3-87; Ord. No. 116-90, § 6, 12-3-90; Ord. No. 65-93, § 1, 8-9-93) Cross references: Motor vehicles, ch. 25. Sec. 15-28. License application.Any person desiring to engage in the business of electrical contracting, fire alarm contracts, sign wiring contractor, journeyman electrician or apprentice electrician shall first make an application for a license therefor to the building official on forms furnished. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-29. License term and renewal.(a) All city licenses issued under the provisions of this chapter shall expire biennially in even years, sixty (60) days after the renewal date established by the State Electrical Commission. All city renewal fees shall be paid prior to the expiration of the license. (b) Any person who shall fail to renew a license within 60 days after it has lapsed shall pay in addition to the license fee a reinstatement fee equal to 50 percent of the renewal fee. (c) Licenses not renewed within one year of the date of expiration shall not be renewed until the applicant has submitted and passed the examination and paid all fees required for a new license. (Ord. No. 68-86, § 7, 7-7-86; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 15-94, § 2, 2-22-94; Ord. No. 104-94, § 2, 11-21-94; Ord. No. 107-08, § 6, 8-18-08) Sec. 15-30. Examinations.(a) Before an electrical contractor, class B contractor, sign wiring contractor, or fire alarm contractor license shall be issued, the applicant shall be required to submit to and pass an examination as to his qualifications and fitness to install electrical wiring. Such examination shall be given under the direction of the electrical board of appeals and examiners. Any applicant who fails to pass the examination shall not be eligible to take another examination until at least 30 days shall have elapsed from the date of the last examination. (b) Applications for examination shall be made at least one week prior to the examination date which shall be as determined by the building official. After passing the examination, applicants shall secure the license within 90 days from the exam date. (c) Applicants shall pay the examination fee for each exam given. (Ord. No. 68-86, § 6, 7-7-86; Ord. No. 112-88, § 2, 11-28-88; Ord. No. 116-90, § 4, 12-3-90; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 105-08, § 51, 8-18-08) Sec. 15-31. Existing master electricians.Existing master electricians may exercise one of the following options: (1) Existing licensed masters who hold a state electrical contractor's license or electrical inspector's license may convert their license to an electrical contractor's license upon payment of the appropriate license fee. (2) Existing licensed masters, after paying the appropriate fee, may be issued an inactive electrical contractor's license. At such time as a person holding an inactive license desires to change to a contractor's license, he shall pay the appropriate license fee and hold a state electrical contractor's license. (Ord. No. 65-93, § 1, 8-9-93) Sec. 15-32. Reserved.Editor’s noteOrd. No. 113-96, § 2, adopted October 7, 1996, repealed § 15-32, pertaining to suspension and revocation of license, in its entirety. See the Code Comparative Table. Sec. 15-33. Reserved.Editor’s noteOrd. No. 113-96, § 3, adopted October 7, 1996, repealed § 15-33, pertaining to cooperation required, in its entirety. See the Code Comparative Table. Sec. 15-34. Installation by owner.Owners may install electrical work in a single family residence which they occupy as their own home or will occupy as their own home. All equipment installed by the owners shall be for themselves without compensation or pay from or to any other person for such labor or installation. Such installations by owners shall comply with the requirements of this Code. The owner shall be required to file plans, apply for and secure a permit, pay fees and call for all inspections in a manner provided in this Code. (Ord. No. 68-86, § 14, 7-7-86; Ord. No. 65-93, § 1, 8-9-93) Cross referenceHousing, ch. 21. Sec. 15-35. Amendments to the National Electrical Code.The following articles and subsections of the National Electrical Code, 2008 edition, shall be amended as follows. All other sections or subsections of the National Electrical Code, 2008 edition, as hereinbefore published shall remain the same. Article 100.I shall be amended by adding as follows: 100 I. General. Kitchen. An area with a sink and permanent facilities for food preparation and cooking. A fixed or portable single microwave does not constitute a permanent cooking facility. Article 100.I shall be amended by adding as follows: 100 I. General. Equipment. A general term, including material, fittings, devices, appliances, luminaires, apparatus, and the like used as a part of, or in connection with, an electrical installation. Article 110.2 shall be amended by adding as follows: 110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved. The local electrical inspector shall enforce all rules and specifications in this article as necessary to determine conformity of electrical materials, devices, or appliances with approved methods of construction in order to protect life and property. The label of a nationally recognized electrical testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection during production of equipment or materials, whose label indicates compliance with nationally recognized standards or tests to determine suitable usage in a specified manner, is prima facie evidence that such electrical materials, devices, or appliances are conforming and listed for installation under the provisions of this article. Only those materials, devices, or appliances which are approved for the purpose intended, may be installed to use electricity for light, heat, or power. This includes all materials used to install such materials, devices, or appliances. The manufacturer's name, trademark, or other identification symbol must be placed on or provided with the materials, devices, or appliances, together with rated voltage, current, wattage, or other applicable ratings necessary to determine the purpose and use for which they are intended in accordance with Article 670. It is not the local electrical inspector's responsibility to enforce nationally recognized testing laboratory listings on equipment. FPN: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled, and Listed. Article 110.3(A) shall be amended by adding as follows: (A) Examination. In judging equipment, considerations such as the following shall be evaluated: (1) Suitability for installation and use in conformity with the provisions of this Code. FPN: Suitability of equipment use may be identified by a description marked on or provided with a product to identify the suitability of the product for a specific purpose, environment, or application. Suitability of equipment may be evidenced by listing or labeling. (2) Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the adequacy of the protection thus provided. (3) Wire-bending and connection space. (4) Electrical insulation. (5) Heating effects under normal conditions of use and also under abnormal conditions likely to arise in service. (6) Arcing effects. (7) Classification by type, size, voltage, current capacity, and specific use. (8) Other factors that contribute to the practical safeguarding of persons using or likely to come in contact with the equipment. The local electrical inspector may grant special approval of materials, devices, or appliances if no standard has been prepared or adopted to which they should conform. Special approval applies only to the particular sample approved and not to the line as manufactured, stored, sold, installed, or attached and may be granted only for those materials, devices, or appliances which, in the opinion of the local electrical inspector, are safe for the use intended. The details of decisions made by the electrical inspector shall be recorded and entered into the files of the electrical inspection division. Any decisions made by the local electrical inspector may be reviewed for consideration by the Electrical Board of Appeals and Examiners. The city does not assume any liability for damage or injury to persons or property because of the use of such materials, devices, or appliances. Article 110.26(A)(1) shall be amended by adding as follows: (1) Depth of Working Space. The depth of the working space in the direction of live parts shall not be less than that specified in Table 110.26(A)(1) unless the requirements of 110.26(A)(1)(a), (A)(1)(b), or (A)(1)(c) are met. Distances shall be measured from the exposed live parts or from the enclosure or opening if the live parts are enclosed. In new structures, additional working space for switchboards, panel boards, and motor control centers operating at 600 volts, nominal or less to ground, shall extend up two feet above the required working space from the front face of the switchboard, panel boards, and motor control centers. This applies only to equipment not part of the electrical installation. Building construction materials shall be allowed in the two-foot area. Table 110.26(A)(1) Working Spaces
Note: Where the conditions are as follows: Condition 1Exposed live parts on one side of the working space and no live or grounded parts on the other side of the working space, or exposed live parts on both sides of the working space that are effectively guarded by insulating materials. Condition 2Exposed live parts on one side of the working space and grounded parts on the other side of the working space. Concrete, brick, or tile walls shall be considered as grounded. Condition 3Exposed live parts on both sides of the working space. (a) Dead-Front Assemblies. Working space shall not be required in the back or sides of assemblies, such as dead-front switchboards or motor control centers, where all connections and all renewable or adjustable parts, such as fuses or switches, are accessible from locations other than the back or sides. Where rear access is required to work on nonelectrical parts on the back of enclosed equipment, a minimum horizontal working space of 762 mm (30 in.) shall be provided. (b) Low Voltage. By special permission, smaller working spaces shall be permitted where all exposed live parts operate at not greater than 30 volts rms, 42 volts peak, or 60 volts dc. (c) Existing Buildings. In existing buildings where electrical equipment is being replaced, Condition 2 working clearance shall be permitted between dead-front switchboards, panelboards, or motor control centers located across the aisle from each other where conditions of maintenance and supervision ensure that written procedures have been adopted to prohibit equipment on both sides of the aisle from being open at the same time and qualified persons who are authorized will service the installation. Article 110.27(D) shall be amended by adding as follows: (D) Electric Fences. Electric fencing is not allowed to be installed in the city except as approved by the Electrical Board of Appeals and Examiners. Article 210.8(A) shall be amended by adding as follows: (A) Dwelling Units. Except for any circuits supporting life support systems, all 125 volt, single-phase, 15- and 20-ampere receptacles installed in the locations specified in (1) through (8) shall have ground-fault circuit-interrupter protection for personnel. (1) Bathrooms. (2) Garages, and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use. Exception to (2): A single receptacle supplying only a permanently installed garage door opener. (3) Outdoors. Exception to (3): Receptacles that are not readily accessible and are supplied by a dedicated branch circuit for electric snow-melting or deicing equipment shall be permitted to be installed in accordance with 426.28. (4) Crawl spacesAt or below grade level. (5) Unfinished basementsFor purposes of this section, unfinished basements are defined as portions or areas of the basement not intended as habitable rooms and limited to storage areas, work areas, and the like. Exception to 1 to (5): A single receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be required to have ground-fault circuit-interrupter protection. FPN: See 760.41(B) and 760.121(B) for power supply requirements for fire alarm systems. Receptacles installed under the exception to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G). Exception 2 to (1 through 5): A single receptacle supplying only a permanently installed sump pump shall not be required to have ground-fault circuit-interrupter protection. Exception 3 to (1 through 5): A single receptacle supplying only a permanently installed lift station shall not be required to have ground-fault circuit-interrupter protection. (6) KitchensWhere the receptacles are installed to serve the countertop surfaces. (7) Laundry, utility, and wet bar sinksWhere the receptacles are installed within 1.8 m (6 ft) of the outside edge of the sink. (8) Boathouses. Article 210.8(B) shall be amended by adding as follows: (B) Other Than Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in the locations specified in (1) through (5) shall have ground-fault circuit-interrupter protection for personnel: (1) Bathrooms. (2) Kitchens. (3) Rooftops. (4) Outdoors. Exception No. 1 to (3) and (4): Receptacles that are not readily accessible and are supplied from a dedicated branch circuit for electric snow-melting or deicing equipment shall be permitted to be installed without GFCI protection. Exception No. 2 to (4): In industrial establishments only, where the conditions of maintenance and supervision ensure that only qualified personnel are involved, an assured equipment grounding conductor program as specified in 590.6(B)(2) shall be permitted for only those receptacle outlets used to supply equipment that would create a greater hazard if power is interrupted or having a design that is not compatible with GFCI protection. Exception No. 3 to (1 through 4): A single receptacle supplying only a permanently installed sump pump shall not be required to have ground- fault circuit-interrupter protection. Exception No. 4 to (1 through 4): A single receptacle supplying only a permanently installed lift station shall not be required to have ground-fault circuit-interrupter protection. (5) SinksWhere receptacles are installed within 1.8 m (6 ft) of the outside edge of the sink. Exception No. 1 to (5): In industrial laboratories, receptacles used to supply equipment where removal of power would introduce a greater hazard shall be permitted to be installed without GFCI protection. Exception No. 2 to (5): For receptacles serving life support systems and receptacles in critical care areas of health care facilities connected to critical care branch circuits of the essential electrical systems, GFCI protection shall not be required. Exception No. 3 to (5): A single receptacle supplying only a permanently installed sump pump shall not be required to have ground-fault circuit-interrupter protection. Exception No. 4 to (5): A single receptacle supplying only a permanently installed lift station shall not be required to have ground-fault circuit interrupter protection. Article 210.12(B) shall be amended by adding as follows: (B) Dwelling Units. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in dwelling unit family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreation rooms, closets, hallways, or similar rooms or areas shall be protected by a listed arc-fault circuit interrupter, combination-type, installed to provide protection of the branch circuit. FPN No. 1: For information on types of arc-fault circuit interrupters, see UL 1699-1999, Standard for Arc-Fault Circuit Interrupters. FPN No. 2: See 11.6.3(5) of NFPA 72®-2007, National Fire Alarm Code®, for information related to secondary power supply requirements for smoke alarms installed in dwelling units. FPN No. 3: See 760.41(B) and 760.121(B) for power-supply requirements for fire alarm systems. Exception No. 1: Where RMC, IMC, EMT, or steel armored cable, Type AC, meeting the requirements of 250.118 using metal outlet and junction boxes is installed for the portion of the branch circuit between the branch-circuit overcurrent device and the first outlet, it shall be permitted to install a combination AFCI at the first outlet to provide protection for the remaining portion of the branch circuit. Exception No. 2: Where a branch circuit to a fire alarm system installed in accordance with 760.41(B) and 760.121(B) is installed in RMC, IMC, EMT, or steel armored cable, Type AC, meeting the requirements of 250.118, with metal outlet and junction boxes, AFCI protection shall be permitted to be omitted. Exception No 3: For receptacles serving life support systems, AFCI protection shall not be required. Article 210.52(C)(1) shall be amended by adding as follows: (1) Wall Countertop Spaces. A receptacle outlet shall be installed at each wall countertop space that is 300 mm (12 in.) or wider. Receptacle outlets shall be installed so that no point along the wall line is more than 600 mm (24 in.) measured horizontally from a receptacle outlet in that space. Exception: Receptacle outlets shall not be required on a wall directly behind a range, counter-mounted cooking unit, or sink in the installation described in Figure 210.52(C)(1). FPN: Wall counter space receptacle outlet requirements shall apply to island and peninsula counter spaces provided with backsplash and permanent vertical wall components or construction materials. Article 210.52(C)(2) and (3) shall be repealed as follows: Article 210.52(I.) shall be amended by adding as follows: (I.) Water softening equipment. In one- and two family dwellings, a receptacle outlet shall be installed within three feet of the water heater for water softening equipment. Article 210.52(J.) shall be amended by adding as follows: (J.) Sump pit. In one- and two family dwellings, a receptacle outlet shall be installed within three feet of the sump pit. Article 230.28 shall be amended by adding as follows: 230.28 Service Masts as Supports. Where a service mast is used for the support of service-drop conductors, it shall be of adequate strength or be supported by braces or guys to withstand safely the strain imposed by the service drop. Where raceway-type service masts are used, all raceway fittings shall be identified for use with service masts. Only power service-drop conductors shall be permitted to be attached to a service mast. To gain height, a perpendicular mast shall be installed for the support of service drops to low buildings. This mast must be installed according to the following requirements: (1) If conduit is used, it must be not less than two-inch trade-size galvanized, rigid conduit, or intermediate metal conduit; (2) If a wood mast is used, it must be not smaller in cross section than four inches by six inches; (3) If the mast extends more than 48 inches above its last support, the mast must be at least 96 inches long, attached to the structure at a minimum of two locations, and guyed with 1/4-inch minimum guy strand or equivalent or braced with guy fittings and approved according to Article 90-4 of the National Electrical Code. (4) If the mast extends more than 72 inches above its last support, the mast must be at least 120 inches long, attached to the structure at a minimum of three locations, and guyed with fittings in two directions to provide support. (5) Only the power company's service- drop conductors shall be attached to a service mast. Phone loops, cable TV conduits, grounding clamps, etc. shall not be attached to the service mast. Conduit couplings shall not be installed above the roof line. Article 230.46 shall be amended by adding as follows: 230.46. Spliced Conductors. Service-entrance conductors shall be permitted to be spliced or tapped by clamped or bolted connections. Splices shall be made in enclosures or, if directly buried, with a listed ground splice kit. Splices of conductors shall be made in accordance with 110.14, 300.5(E), 300.13, and 300.15. Where service entrance conductors are tapped to supply two to six disconnection means grouped at a common location, taps shall be made with fixed lugs only. Article 230.52 shall be amended to read as follows: 230.52 Individual Conductors Entering Buildings or Other Structures. Where individual open conductors enter a building or other structure, they shall enter through roof bushings or through the wall in an upward slant through individual, noncombustible, nonabsorbent insulating tubes. Drip loops shall be formed on the conductors before they enter the tubes. The raceway containing conductors to the service entrance disconnect enclosure may not extend more than five feet inside the structure, except with the written permission of the state electrical or local electrical inspector. The raceway or cable assembly may not extend more than five feet once inside the structure to the main disconnect. Metering enclosures and junction boxes are not included when determining these lengths. Additional lengths in the structure may be installed only with the prior written permission of the electrical inspector or approval of the Electrical Board of Appeals and Examiners. Article 250.23 shall be amended by adding as follows: 250.23 System Grounding Connections. All grounding electrode conductors of the system grounding connection must terminate on the neutral bus inside the service equipment unless they are inspected before the service is energized by the power supplier. Article 250.53(D)(1) shall be amended by adding as follows: (D)(1) Continuity. Continuity of the grounding path or the bonding connection to interior piping shall not rely on water meters or filtering devices and similar equipment. A bonding jumper size in accordance with Table 250.66 shall be installed between the hot and cold water lines at the water heater and cold hard and soft lines even if the softener is not in place. Article 300.5(D)(5) shall be amended by adding as follows: (5) Underground Conductors to Comply with Installation Requirements. All underground conductor installations, in addition to complying with the requirements of the National Electrical Code, laws of the state of South Dakota, and the State Electrical Commission shall comply with the requirement that direct burial underground service conductors or feeders shall be installed in a raceway from the building to a point beyond any concrete or asphalt slabs, stoops, footings or driveways, which may interfere with future conductor replacement. Article 300.13(B) shall be amended to read as follows: (B) Device Removal. The continuity of a circuit conductor shall not depend on device connections such as lampholders, receptacles, and so forth, where the removal of such devices would interrupt the continuity. Article 334.10 shall be amended by adding as follows: 334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: (1) One- and two-family dwellings and accessory structures. (2) Multifamily dwellings, farmsteads, and accessory structures permitted to be of Types III, IV, and V construction except as prohibited in 334.12. (3) Other structures permitted to be of Types III, IV, and V construction except as prohibited in 334.12. Cables shall be concealed within walls, floors, or ceilings that provide a thermal barrier of material that has at least a 15-minute finish rating as identified in listings of fire-rated assemblies. FPN No. 1: Types of building construction and occupancy classifications are defined in NFPA 220-2006, Standard on Types of Building Construction, or the applicable building code, or both. FPN No. 2: See Annex E for determination of building types [NFPA 220, Table 3-1]. (4) Cable trays in structures permitted to be Types III, IV, or V where the cables are identified for the use. FPN: See 310.10 for temperature limitation of conductors. Article 334.30 shall be amended to read as follows: 334.30 Securing and Supporting. Nonmetallic- sheathed cable shall be supported and secured by nonconductive insulated staples, cable ties, straps, hangers, or similar fittings designed and installed so as not to damage the cable, at intervals not exceeding 1.4 m (4 1/2 ft) and within 300 mm (12 in.) of every outlet box, junction box, cabinet, or fitting. Flat cables shall not be stapled on edge. Sections of cable protected from physical damage by raceway shall not be required to be secured within the raceway. Article 358.12(7) shall be amended by adding as follows: (7) Electrical metallic tubing may not be used in concrete below grade or in concrete slab or masonry in direct contact with earth nor embedded in earth or fill. The use of a vapor barrier has no effect on the requirements of this section. Article 408.36 shall be amended by adding as follows: 408.36 Overcurrent Protection. In addition to the requirement of 408.30, a panelboard shall be protected by an overcurrent protective device having a rating not greater than that of the panelboard. This overcurrent protective device shall be located within or at any point on the supply side of the panelboard. Installation of 120-volt plug-in circuit breakers in three-phase, four-wire panel board on a delta system is prohibited. Exception No. 1: Individual protection shall not be required for a panelboard used as service equipment with multiple disconnecting means in accordance with 230.71. In panelboards protected by three or more main circuit breakers or sets of fuses, the circuit breakers or sets of fuses shall not supply a second bus structure within the same panelboard assembly. Exception No. 2: Individual protection shall not be required for a panelboard protected on its supply side by two main circuit breakers or two sets of fuses having a combined rating not greater than that of the panelboard. A panelboard constructed or wired under this exception shall not contain more than 42 overcurrent devices. For the purposes of determining the maximum of 42 overcurrent devices, a 2-pole or a 3-pole circuit breaker shall be considered as two or three overcurrent devices, respectively. Exception No. 3: For existing panelboards, individual protection shall not be required for a panelboard used as service equipment for an individual residential occupancy. Article 410.117 (B) shall be amended by adding as follows: 410.117(B) Circuit Conductors. Except for end- to-end installation or prefabricated flexible systems, branch circuit conductors shall not pass through flush or recessed fixtures; however, branch-circuit conductors that have an insulation suitable for the temperature encountered shall be permitted to terminate in the luminaire. Article 422.12 shall be amended to read as follows: 422.12 Central Heating Equipment. Central heating equipment other than fixed electric space-heating equipment shall be supplied by an individual branch circuit and a disconnect shall be provided at the unit. Exception No. 1: Auxiliary equipment, such as a pump, valve, humidifier, or electrostatic air cleaner directly associated with the heating equipment, shall be permitted to be connected to the same branch circuit. Exception No. 2: Permanently connected air-conditioning equipment shall be permitted to be connected to the same branch circuit. Article 517.13(B) shall be amended to read as follows: 517.13(B) Insulated Equipment Grounding Conductor. The grounding terminals of all receptacles and all non-current-carrying conductive surfaces of fixed electrical equipment likely to become energized that are subject to personal contact, operating at over 100 volts, shall be connected to an insulated copper equipment grounding conductor. The equipment grounding conductor shall be sized in accordance with Table 250.122 and installed in metal raceways with the branch circuit conductors or as part of listed cables having a metallic armor or sheath assembly with the branch circuit conductor supplying these receptacles or fixed equipment. All receptacles installed in a patient care area shall be listed "Hospital Grade" and shall be so identified and such identification shall be visible after installation. Exception No. 1: Metal faceplates shall be permitted to be connected to the equipment grounding conductor by means of a metal mounting screw(s) securing the faceplate to a grounded outlet box or grounded wiring device. Exception No. 2: Luminaires more than 2.3 m (7 1/2 ft) above the floor and switches located outside of the patient care vicinity shall be permitted to be connected to an equipment grounding return path complying with 517.13(A). Article 600.1 shall be amended to read as follows: 600.1 Scope. This article covers the installation of conductors and equipment for electric signs and outline lighting. All installations and equipment using neon tubing, such as signs, decorative elements, skeleton tubing, or art forms, are covered by this article. Permanently installed electric signs, outline lighting, and field-assembled skeletal neon systems shall be listed and labeled by a nationally recognized testing laboratory. Branch circuit wiring and primary electrical connection of the above shall be completed by a licensed electrical contractor. The electrical contractor shall be responsible for obtaining the electrical permit, scheduling an inspection, and such installations shall not be energized prior to approval by the Electrical Inspector. (Ord. No. 62-80, §§ 38, 7-7-80; Ord. No. 28-82, § 7, 3-29-82; Ord. No. 104-83, § 2, 12-12-83; Ord. No. 104-86, § 2, 12-8-86; Ord. No. 106-92, § 1, 12-14-92; Ord. No. 65-93, § 1, 8-9-93; Ord. No. 117-96, § 5, 10-7-96; Ord. No. 3-01, § 1, 1-8-01; Ord. No. 117-01, § 2, 12-10-01; Ord. No. 24-03, § 2, 3-3-03; Ord. No. 122-05, § 5, 12-5-05; Ord. No. 107-08, §§78, 8-18-08) Sec. 15-36. Suspension or revocation of license.The chief building services official may suspend, revoke, or refuse to renew a license if he finds: (1) In his discretion that the order is in the public interest; and (2) Based upon substantial evidence presented, the applicant or licensee: a. Has violated any applicable provision of this code, city ordinance, rule, regulation, or state law. b. Has engaged in any fraudulent, deceptive, or dishonest act or practice. c. Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading. d. Fails to file with the chief building services official the necessary bonds or certificate of insurance. e. Fails to provide copies of records in the person's possession related to a matter under investigation. f. Fails to pay inspection and permit fees in a timely manner as determined by the chief building services official. g. Fails to respond to a directive or lawful order of the building official. (Ord. No. 113-96, § 4, 10-7-96; Ord. No. 117-01, § 5, 12-10-01; Ord. No. 105-08, § 52, 8-18-08) Sec. 15-37. Administrative appeal of license suspension, revocation or refusal to renew.A party whose license is suspended, revoked, or refused renewal may appeal that decision to the electrical board of appeals and examiners. Appeals shall be commenced by filing written appeal with the department within ten days of the decision. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires an open or closed hearing, and an address where the appellant can be mailed notice of hearing. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel. (Ord. No. 113-96, § 5, 10-7-96; Ord. No. 105-08, § 53, 8-18-08) Sec. 15-38. Time of hearing and notice.A public hearing, or a closed hearing if the board determines it is necessary, shall be held on all appeals within 15 working days after the filing of the appeal, unless a later date is agreed upon by the appellant and the board. The department shall cause written notice of the date, time, and place of such hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date. (Ord. No. 113-96, § 6, 10-7-96) Sec. 15-39. Hearing procedures.The following rules shall govern the procedures for an administrative hearing on matters concerning license suspension, revocation, or refusal to renew. (1) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses. (2) Oral evidence shall be taken only on oath or affirmation. (3) The chairman of the board or the board recorder shall administer oaths or affirmations to witnesses. (4) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence after objection in civil actions in courts of competent jurisdiction in this state. (5) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded. (6) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others: a. To call and examine witnesses on any matter relevant to the issue of the hearing; b. To introduce documentary and physical evidence; c. To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and d. To rebut evidence. (7) After each appeal hearing, the board or hearing examiner shall perform the following: a. Make written findings of fact. b. Based upon such written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board may in its discretion waive the payment of any reinstatement or late penalty fee. (8) A written report of the decision, including the findings of fact, shall be furnished to the appellant and the chief building services official within 15 working days from the date the appeal hearing is closed. The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board shall be final. (Ord. No. 113-96, § 7, 10-7-96; Ord. No. 105-08, § 54, 8-18-08) Sec. 15-40. Appeal to circuit court.The decision of the board or the hearing examiner is subject to judicial review as provided by law. (Ord. No. 113-96, § 8, 10-7-96; Ord. No. 30-07, § 53, 2-20-07)
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