There is hereby adopted and incorporated by reference for the purpose an ordinance establishing rules and regulations for the installation of electrical wiring and apparatus the NFPA 70, National Electrical Code, 2014 Edition as recommended by the National Fire Protection Association, such code being made as a part of the ordinances and City Code, subject to the amendments, changes, omissions and additions, hereinafter set forth, as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12‑3009 through 12‑3012 including any amendments thereto.
That one (1) copy of which are on file in the office of the City Clerk of the City of Bonner Springs, being marked and designated as the NFPA 70, National Electrical Code, and shall not include the Appendix Chapters, unless specifically noted herein, as published by the National Fire Protection Association, be and is hereby adopted as the Electrical Code of Bonner Springs, in the State of Kansas; for the control of electrical installation as herein provided; and each made a part hereof, as if fully set out in this City Code, with the additions, insertions, deletions and changes, if any, prescribed in the code sections below.
(Code 2014; Ord. 2407)
Certain Sections of the NFPA 70, National Electrical Code, 2008 Edition, are amended as follows:
ARTICLE 80.19 (E) PERMIT FEES.
Standard fee of $35 for all electrical permit applications excluding work covered under a building permit.
ARTICLE 80.19 (F) (3) INSPECTION AND APPROVALS.
When any portion of the electrical installation within the jurisdiction of an Electrical Inspector is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the equipment shall notify the Electrical Inspector, and such equipment shall not be concealed until it has been approved by the Electrical Inspector.
ARTICLE 80.19 (G) (7) REVOCATION OF PERMITS.
The National Electrical Code, as adopted, shall have the following paragraph added to read every permit issued by the Building Code Official under the provisions of this Code shall expire by limitation and become null and void if:
(1) The building or work authorized by such permit is not commenced within 180 days from the date of such permit, or
(2) The building or work authorized by such permit has not progressed to the point of the next required inspection within 180 days of either the issuance of the permit, or from the date of the last inspection.
Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that the untimely progress has not exceeded one (1) year. In order to renew action on a permit that has expired for a period exceeding one (1) year, the permittee shall pay a new full permit fee. The Building Code Official is authorized to grant, in writing, one or more extension of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
ARTICLE 80.29 LIABILITY FOR DAMAGES.
Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electric equipment for damages to persons or property caused by a defect therein, nor shall the City of Bonner Springs or any of its employees be held as assuming any such liability by reason of the inspections, reinspection, or other examination authorized.
ARTICLE 100. DEFINITIONS.
The following words and phrases shall have the following meanings: The term “AUTHORITY HAVING JURISDICTION” shall in all instances mean the Building Code Official of the City of Bonner Springs, Kansas.
ARTICLE 80.15 (G). APPEALS.
(1) (A) The suitability of alternate materials, methods of construction and reasonable interpretation of this code shall be determined by Board of Zoning Appeals created pursuant to K.S.A. 12‑714 and as amended. The Board of Appeals shall have no authority to modify 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 and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Wherever in this code reference is made to the Board of Appeals, such reference shall mean the Board of Zoning Appeals referred to above.
ARTICLE 80.23. (B). NOTICE OF VIOLATION, PENALTIES.
Any person, firm or corporation (persons herein) who shall violate any of the provision of the this code, violate or fail to comply with any order made thereunder, or submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no other appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the building official or other proper City authority or by court of competent jurisdiction, within the time fixed herein, or who shall construct, enlarge, alter repair, move improve, remove, convert or demolish, equip, use occupy or maintain any building or structure in violation of the provision of this code, shall severally for each and every such violation and noncompliance, respectively be guilty of a Class C violation and prescribed by the Public Offense Code of this City. The imposition of the one penalty of any violation shall not excuse the violation or permit it to continue, and such persons shall be required to correct or remedy such violation or defect within a reasonable time; and when not otherwise specified, each 20 days that prohibited conditions are maintained shall constitute a separated offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
ARTICLE 250.50. GROUNDING ELECTRODE SYSTEM.
Grounding Electrode System of the National Electrical Code, as adopted, shall have the following paragraph added to read: When none of the electrodes specified in Section 250.52 are available, two or more of the electrodes specified in 250.52(5) shall be used. These shall be connected in the manner specified in Section 250.53 to a minimum of two separate grounding electrode conductors.
ARTICLE 547.5 (E) PHYSICAL PROTECTION.
All electrical wiring and equipment subject to physical damage shall be protected to a minimum height of 8 feet.
(Code 2014; Ord. 2407)
It shall be unlawful for any person to interfere with the electrical inspector in the proper discharge of his or her duty under this Article.
(Code 2014; Ord. 2407)
The following Articles of the National Electrical Code 2014 Edition, shall be deleted:
(a) ARTICLE 80.15. ELECTRICAL BOARD,
(b) ARTICLE 80.19 (D). ANNUAL PERMITS,
(c) ARTICLE 80.19 (F)(4). INSPECTION AND APPROVALS,
(d) ARTICLE 80.23 (B). PENALTIES,
(e) ARTICLE 80.25 (C). NOTIFICATION,
(f) ARTICLE 80.27. Inspector’s Qualifications,
(g) ARTICLE 80.33. Repeal of Conflicting Acts,
(h) ARTICLE 80.35 EFFECTIVE DATE.
(Code 2014; Ord. 2407)
If any Section of the National Electrical Code, 2014 Edition or of this Article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then the Section shall be considered separate and apart from the remaining Sections, the Section to be completely severable from the remaining provisions which shall continue in full force and effect.
(Ord. 2057; Ord. 2273; Ord. 2407)
Pursuant to the authority of Charter Ordinance No. 29, the Building Official or other City Employee as designated in writing by the City Manager shall have the authority to issue notices to appear for violations of this ordinance and code.
(Ord. 2353; Ord. 2407)