Township of Nether Providence, PA Chapter 118 Electrical Standards

[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence as indicated in article histories. Amendments noted where applicable.]

Article I Electrical Standards

[Adopted 4-10-1997 by Ord. No. 612]

§ 118-1 Title.

This article shall be known and may be cited as the "Township of Nether Providence Electrical Code" or just the "Electrical Code."

§ 118-2 Adoption of standards.

A. A certain document, three copies of which are on file in the office of the Township of Nether Providence, being marked and designated as the National Electrical Code, 1996 Edition, as published by the National Fire Protection Association, is hereby adopted as the Code of the Township of Nether Providence, subject to any amendments or deletions that may be provided by the Township of Nether Providence for regulating and controlling electric wiring and fixtures in the Township of Nether Providence. Each and all of the regulations, provisions, conditions and terms of such National Electrical Code, 1996 Edition, are hereby referred to, adopted and made a part hereof as if fully set out in this article.

B. As the National Electrical Code set forth in Subsection A hereof is amended, supplemented or added to, such amendments, supplements or additions shall also be established as the law of the Township of Nether Providence. As any future amendments or editions of the National Electrical Code described in Subsection A hereof are published, they shall also be adopted by the Township of Nether Providence.

§ 118-3 Other standards apply.

This article shall be supplemented by Chapter 27, Electrical Wiring and Fixtures, in the 1996 National BOCA Building Code. Whenever any conflicts exist between the two codes, the more restrictive standard shall apply.

§ 118-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

APPRENTICE ELECTRICIAN

Any person who has qualified as an apprentice electrician and registered in accordance with the provisions of this article.

APPROVED INSPECTING AGENCY

Such inspecting agency or agencies which are hereafter approved by resolution of the Commissioners of the Township of Nether Providence.

CHIEF PLANT ELECTRICIAN

Any person who has qualified and registered as a chief plant electrician in accordance with the provisions of this article.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer of the Township of Nether Providence.

ELECTRICAL CONTRACTOR

Any person who has qualified and registered as an electrical contractor in accordance with the provisions of this article.

ELECTRICAL WORK

Any installation, construction, alteration, repair, maintenance, replacement or assembly of any device, equipment, apparatus or other object which is used for the transfusion of an electrical energy or impulse, except when performed by or on behalf of any regulated public utility or any regulated radio or television transmission system on equipment, cables, wires or equivalent facilities or on electrical circuits connected to or supported by such equipment or facilities if the use of the equipment or facilities is required in the operations of or services rendered by the regulated entity. It shall not include the manufacturing of any device, equipment, apparatus or other object used or intended to be used for the transmission of an electrical energy or impulse, but shall include electrical wiring systems connected to air-conditioning equipment, protective signaling devices (fire and burglar) and swimming pools.

JOURNEYMAN ELECTRICIAN

Any person who has passed a journeyman electrician's examination and qualified and registered in accordance with the provisions of this article.

NATIONAL ELECTRICAL CODE

The 1996 Edition of the National Electrical Code, published and/or promulgated by the National Fire Protection Association.

§ 118-5 Enforcement of provisions.

The provisions of this article shall be enforced by the Code Enforcement Officer. The Code Enforcement Officer shall, upon the installation, removal, extension and reception of any electrical wiring and electrical apparatus pursuant to this article, cause an inspection or inspections to be made by himself or herself or his or her duly authorized agents to determine that the electrical work conforms to the National Electrical Code, this article and other ordinances and regulations of the Township of Nether Providence and the statutes of the Commonwealth of Pennsylvania.

§ 118-6 License required for minor electrical work; fee.

Any person doing minor electrical work (changing switches or outlets, etc.) on any property, other than a single-family dwelling, is required to obtain a maintenance license at a cost per calendar year.[1]

[1] Editor's Note: See Ch. A310, Fees.

§ 118-7 License required for electrical businesses.

No person shall engage in the business or occupation of electrical contractor, chief plant electrician, journeyman electrician or apprentice electrician without first applying to the Code Enforcement Officer for a license and registration therefore as herein required. If the Code Enforcement Officer finds that the applicant presenting himself or herself has a reasonable knowledge of electricity and the natural laws and functions of electrical energy and of the provisions of the Regulations of the National Board of Fire Underwriters for Electric Wiring and Apparatus (in accordance with the current edition of the National Electrical Code) and is possessed of skill and knowledge in matters pertaining to the science of electricity sufficient to be an electrical contractor, chief plant electrician, journeyman electrician or apprentice electrician, then the Code Enforcement Officer, upon proof of the payment of the fee provided in § 118-6, shall issue to such person a license as an electrical contractor, chief plant electrician, journeyman electrician or apprentice electrician, as the case may be. Such license shall continue in full force and effect following its issuance until and including December 31 in the year of its issuance, unless sooner revoked.

§ 118-8 License fees; persons licensed by other municipalities; civil penalty.

A. Application for an examination and license shall be accompanied by proof that the proper fee, as hereinafter provided, has been paid to the Code Enforcement Officer.[1]

[1] Editor's Note: See Ch. A310, Fees.

B. An electrical contractor, chief plant electrician or journeyman electrician, as the case may be, desiring to continue to practice the profession or trade for the year following the expiration of his or her license shall, between December 1 and December 31 of each year, surrender his or her license for the then-current year to the Code Enforcement Officer who shall forthwith, upon proof of the payment of the fee provided in Subsection A hereof, issue to the applicant a proper license for the ensuing year.

C. Any person duly licensed by another Township or municipality in the state which has adopted an ordinance substantially similar to this article containing a reciprocity provision shall be permitted to operate in the Township of Nether Providence upon applying for a license, accompanied by proof that the proper fee has been paid to the Code Enforcement Officer.

D. A penalty of $25 or 50% of the license fee, whichever is greater, shall be added to the amount due as part of the payment for any license which is applied for after work has commenced on an activity to be covered by such license.

E. No person shall fail to make full payment of the license fee, including the penalty.

F. The payment of the penalty fee does not in any way waive the Township's right to prosecute individuals who violate any provision of this article which requires the obtaining of licenses and/or permits prior to the commencement of any covered work.

§ 118-9 Insurance requirements for licenses.

Any person applying for an electrical license in the Township of Nether Providence is required to have a minimum of $100,000/$300,000 liability insurance policy and is required to submit to the Office of Code Enforcement a certificate of insurance with the Township of Nether Providence designated as the certificate holder. All licenses shall run from January 1 to December 31 each year.

§ 118-10 Standards on file.

A. A certain document, copies of which are on file in the office of the Township Manager, being marked and designated as the National Electrical Code, the 1996 Edition, designated ANSI/NFPA 70, as published by the National Fire Protection Association, is hereby adopted as the Electrical Code of the Township of Nether Providence, subject to any amendments or deletions that may be provided by the Township for the control of wiring and fixtures as therein provided. Each and all of the provisions, penalties and conditions of said National Electrical Code are hereby referred to, adopted and made a part hereof as if fully set forth in this article.

B. As the National Electrical Code set forth in Subsection A hereof is amended, supplemented or added to, such amendments, supplements or additions shall also be established as the law of the Township. As any future amendments or editions of the National Electrical Code described in Subsection A hereof are published, the Township of Nether Providence hereby adopts those amendments and future editions.

§ 118-11 General requirements for electrical work.

All electrical work in the Township of Nether Providence shall be performed in accordance with the requirements and standards of the National Electrical Code and this article. No electrical work performed in the Township shall be performed by an apprentice electrician except under the direct supervision and control of an electrical contractor.

§ 118-12 Electrical work will be part of building permit.

There will be no separate permits for electrical work.

§ 118-13 Exceptions to electrical standards.

The provisions of the National Electrical Code and this article shall not apply to:

A. The replacement of light bulbs or fuses or other minor repair work; and

B. The connection of any portable electrical appliance to any permanently installed electrical receptacle.

§ 118-14 Inspections and tests.

A. Inspections and tests to determine whether or not the provisions of the National Electrical Code and this article have been complied with shall be made by any approved inspecting agency. Upon completion of any electrical work, a certificate of inspection and approval issued by an approved inspection agency shall be furnished to the Code Enforcement Officer not later than 15 days after such completion. Schedules of the fees charged by each inspecting agency shall at all times be kept on file in the office of the Code Enforcement Officer of the Township of Nether Providence and be open to public inspection.

B. All decisions as to whether or not electrical work complies with the provisions of the National Electrical Code and this article shall be made by the Code Enforcement Officer, who is hereby authorized to stop any electrical work in progress and order the removal thereof if he or she determines that such work is not being installed in conformity with the provisions of the National Electrical Code and this article.

C. The Code Enforcement Officer is hereby authorized to waive inspection of all or that portion of electrical work for which he or she has received a duplicate record of approval from an approved inspecting agency certifying that such work complies with the provisions of the National Electrical Code and this article. Notice of such waiver of inspection shall be given to the applicant so that the approved work can thereafter be concealed.

D. The Code Enforcement Officer shall not accept any certificate of inspection from an inspecting agency that has not been approved by resolution of the Board of Commissioners of the Township of Nether Providence. The Commissioners shall investigate the qualifications, method of operation, completeness of inspection activity and type of report before approving such agency.

E. The Code Enforcement Officer may enter and examine any building or premises at reasonable times and shall have free and unhindered access thereto for the purpose of inspecting the same.

§ 118-15 Existing unsafe electrical work; notice of violation.

A. In order to safeguard persons and property against the hazards and perils of existing defective electrical wiring, apparatus or equipment, the Code Enforcement Officer is hereby given the authority and the duty to inspect at reasonable times any building, structure (including swimming pools) or premises in the Township to determine whether any electrical work theretofore installed is defective or unsafe.

B. If the Code Enforcement Officer determines that any electrical work in any building, structure (including swimming pools) or premises is in an unsafe and dangerous condition or not in compliance with the provisions of the National Electrical Code or this article, he or she shall serve notice upon the owner or occupant thereof stating the nature of the violation and stating that all requirements must be complied with within the period of time specified in the notice. The notice may also prescribe a course of remedial action. The Code Enforcement Officer and the Township may allow a designated inspection agency to recommend remedial action. If, at the expiration of the time allowed for compliance, the violation has not been corrected, the Code Enforcement Officer shall institute proceedings to enforce the penalties specified in § 1-16 of the Nether Providence Code.

C. It shall be the duty of the Code Enforcement Officer to investigate and examine every structure in which there occurs a fire whose nature and/or origin is electrical in nature or whose nature and/or origin is suspected of being electrical in nature, as determined by the Fire Marshal, for violations of this electrical code and for defective electrical wiring, apparatus or equipment.

§ 118-16 Abatement of nuisances.

Any electrical work performed contrary to the provisions of this article, including the provisions of the National Electrical Code adopted herein, is hereby declared to be a common or public nuisance and abatable as such.

§ 118-17 Emergency shutoff switch for oil or gas burners.

Whenever electrical work is to be performed in connection with a gas or oil burner installation in any existing building or structure or in the construction, reconstruction, alteration or repair of a building or structure, there shall be installed an emergency shutoff switch with a red plate thereon marked "Oil Burner" or "Gas Burner," as the case may be, at the entrance to the basement or heating room. In cases where more than one entrance exists, such switch shall be located at the entrance which permits normal access to the living quarters. The height of such switch shall be six feet above the finished floor.

§ 118-18 Appeals.

Any applicant for a permit whose application has been refused, and any person who has been ordered by the Code Enforcement Officer to incur any expense by reason of the provisions of this electrical code, may appeal the decision of the Code Enforcement Officer by giving to the Code Enforcement Officer notice, in writing, that he or she does so appeal and by filing a copy of his or her appeal with the Manager of the Township of Nether Providence. If the appeal is from an order refusing to issue a license or refusing a permit or revoking a permit, it shall be taken within 15 days from such refusal or revocation and not thereafter. If the appeal is from an order to remove any work or correct any condition, it shall be taken within three days from the issuing of such order and not thereafter. All cases where appeals have been taken as above provided shall be referred to the Board of Commissioners as a Board of Appeals, whose decision shall be final and recorded in the minutes of the Commissioners. The Board of Appeals shall, after hearing, direct the Code Enforcement Officer to issue his or her permit under such conditions, if any, as it may require or to withhold the same or to make such other and further orders in the premises as the Board of Appeals deems proper. A decision of the Code Enforcement Officer not appealed from in accordance with this section shall be final and conclusive.

§ 118-19 Conflicts of laws.

In the event of a conflict between any of the provisions of this article or of any other ordinance or resolution of the Township of Nether Providence and a provision of the National Electrical Code adopted by reference in § 118-8, the local provision shall control.

§ 118-20 Penalties for offenses.

All penalties and violations of this article are subject to § 1-16 of the Nether Providence Code.

§ 118-21 Construal of provisions.

Nothing in this article or in the National Electrical Code hereby adopted shall be construed to affect any other suit or proceeding pending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in this article, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.

Article II Electrical Safety Standards

[Adopted 4-10-1997 by Ord. No. 615]

§ 118-22 Adoption of standards.

A. A certain document, three copies of which are on file in the office of the Township of Nether Providence, being marked and designated as the National Electrical Safety Code, 1993 Edition, as published by the Institute of Electrical and Electrical Engineers, Inc., is hereby adopted as the Code of the Township of Nether Providence, subject to any amendments or deletions that may be provided by the Township of Nether Providence for regulating and safeguarding of persons from hazards arising from the installation, operation or maintenance of conductors and equipment in electric supply stations and overhead and underground electric supply and communication lines. It also includes work rules for the construction, maintenance and operation of electric supply and communication line and equipment. The standard is applicable to the systems and equipment operated by utilities, or similar systems equipment, of an industrial establishment or complex under the control of qualified persons in the Township of Nether Providence. Each and all of the regulations, provisions, conditions and terms of such National Electrical Safety Code, 1993 Edition, are hereby referred to, adopted and made a part hereof as if fully set out in this article.

B. As the National Electrical Safety Code set forth in Subsection A hereof is amended, supplemented or added to, such amendments, supplements or additions shall also be established as the law of the Township of Nether Providence. As any future amendments or editions of the National Electrical Safety Code described in Subsection A hereof are published, they shall also be adopted by the Township of Nether Providence.

§ 118-23 Adoption of other standards.

This article shall be supplemented by Chapter 27, (Electric Wiring and Fixtures), in the 1996 National BOCA Building Code and the 1996 NFPA 70 National Electrical Code. Whenever a conflict exists between the three codes, the most restrictive standard shall apply.

§ 118-24 Construal of provisions.

Nothing in this article or in the National Electric Safety Code hereby adopted shall be construed to affect any other suit or proceeding pending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.