The National Electrical Code, 2005 Edition, is hereby incorporated by reference herein and made a part of this Chapter and shall be Article 6 of the aforementioned Chapter of the Code of the City of Andover, Kansas, save, and except such portion as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the provisions of K.S.A. 12-3010.

(Ord. 1388, Sec. 1)

The International Code Council Electrical Code Administrative Provisions, 2006 Edition, is hereby incorporated by reference herein and made a part of this Chapter and shall be subsection 601.1 of Article 6 of the aforementioned Chapter of the Code of the City of Andover, Kansas, save and except such portion as are hereinafter or may hereafter be deleted or amended, as authorized and in the manner prescribed by the provisions of K.S.A. 12-3010.

(Ord. 1388, Sec. 1)

The National Electrical Code, 2005, incorporated by reference in Section 4-601 herein shall be amended as follows:

(a)   Section 101 Title. These regulations shall be known as the Electrical Code of the City of Andover, hereinafter referred to as the “electrical code,” the “N.E.C.,” or “this code.” 

(b)   Section 100 is amended to add a new Section 102 and shall read as follows:

       102 Reference Codes.

(1)   Whenever used in the Electrical Code, the term “IFC Fire Code” shall be construed to mean the current City of Andover Fire Code.

(2)   Whenever used in the Electrical Code, the term “International Fuel Gas Code” shall be construed to mean the current City of Andover Plumbing or Fuel Gas Code.

(3)   Whenever used in the Electrical Code, the term “International Mechanical Code” shall be construed to mean the current City of Andover Mechanical Code.

(4)   Whenever used in the Electrical Code, the term “International Plumbing Code” shall be construed to mean the current City of Andover Plumbing Code.

(5)   Whenever used in the Electrical Code, the term “International Existing Building Code” shall be construed to mean the current City of Andover Building or Existing Building Codes currently adopted by the City of Andover.

(c)   Section 103 Fee Schedule.  The fees for electrical work shall be indicated in Article I of this Chapter of the Code of the City of Andover.

(d)   Section 103.1 Fee Refund.  The Building Official shall authorize the refunding of fees as follows:

(1)   The amount of any fee paid hereunder which was erroneously paid or collected shall be subject to a 100% refund.

(2)   Not more than 90% of the permit fee paid when no work has been done under a permit issued in accordance with this code.

(3)   Not more than 90% of the plan review fees paid when an application for a permit, for which a plan review fee was paid, and which is withdrawn or canceled.  Plans resubmitted shall be subject to the full plan review fee.

The Building Official shall not authorize the refund of any fees 180 days after the        date on which the fee was received.

(e)   Section 104 Violation Penalties.  Persons who shall violate any provision of this code, or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter or repair electrical work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 (five hundred) dollars, or by imprisonment not exceeding 30 (thirty) days, or both such fine and imprisonment.  Each day a violation continues after due notice has been served shall be deemed a separate offense.

(f)   Section 105 Stop Work Orders.  Any person who shall continue any work after having been served with a stop work order, except such work as that person was directed to perform to remove a violation of unsafe condition, shall be liable for a fine of not less than $25.00 (twenty – five) dollars, or more than $100.00 (one – hundred) dollars.  Said fine shall be collected prior to re – inspection.

(g)   Section 300.11 Securing and Supporting, subsection (A) (2) Exception shall be amended to read as follows:

Exception:  The ceiling support system shall be permitted to support branch – circuit wiring and associated equipments where installed in accordance with the ceiling system manufacturer’s instructions.  Flexible metal conduit no larger than ½ inch trade size with listed clips or devices may be supported by the ceiling supports.

(h)   Section 314.28 Pull and Junction Boxes and Conduit Bodies.  Boxes and conduit bodies used as pull or junction boxes with at least one entry 2 (two) inches or larger used as a pull or junction boxes shall comply with 314.28 (A) through (D).

(i)    Section 334.12 Uses Not Permitted, subsection (A) shall be amended to include a new section (11) which shall read as follows:

(11) Multi – story commercial wood structures

(Ord. 1388, Sec. 2)

(a)   Section 102.1.3 is hereby deleted in its entirety.

(b)   Section 102.1.4 is hereby deleted in its entirety.

(c)   Section 301 is hereby deleted in its entirety.

(d)   Section 404 is hereby deleted in its entirety.

(e)   Section 702.1.7 is hereby deleted in its entirety.

(f)   Chapter 12 is hereby deleted in its entirety.

(Ord. 1388, Sec. 3)

(a)   302.7  Right of Entry.  The Building Official shall have authority to enter upon premises at reasonable hours for the purpose of making inspections.  Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure.  If entry is denied, the Building Official may seek an order for this purpose from a court of competent jurisdiction.

(b)   Chapter 11 is hereby amended to add a new Chapter 11 and shall read as follows:

       Chapter 11 Means of Appeal.  In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, a Board of Appeals is hereby created in Chapter 4, Article 1 of the Code of the City of Andover.

(Ord. 1388, Sec. 3)

All prior ordinances of the City of Andover, Kansas in conflict with the foregoing are hereby repealed to the extent that such conflicts exist.

(Ord. 1388, Sec. 4)

If any section, sub-section, sentence, clause or phrase of this ordinance or of the Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance and Code.

(Ord. 1388, Sec. 5)

The City Clerk of the City of Andover, Kansas is hereby ordered and directed to maintain 3 copies of the National Electrical Code, 2005 Edition, and the International Code Council Electrical Code Administrative Provisions, 2006 Edition, on file in City Hall which copy shall be marked or stamped “Official copy as incorporated by Ordinance No. 1388 with all sections or portions thereof intended to be omitted clearly marked to show any such omission and to which shall be attached a copy of the incorporating Ordinance including all amendments and revisions adopted at the time of passage.

(Ord. 1388, Sec. 6)

The Building Official shall have the authority to promulgate such rules and regulations as are necessary to carry out the purpose of the National Electrical Code as adopted in Section 4-601.

(Ord. 1388, Sec. 7)