[HISTORY: Adopted by the Borough Council
of the Borough of Upland 5-10-1988 by Ord. No. 3-1988 (Ch. 18 of the 1969
Code). Amendments noted where applicable.]
From and after the passage of this chapter,
it shall not be lawful for any person or persons, firm or corporation
to engage in or carry on the work of or work at the business of electrical
services or house or building electrical work as a master electrician
and/or journeyman electrician in the Borough of Upland until a certificate
of registry showing approval to engage in, carry on the work of or
work at such business shall have been granted to said person or persons,
firm or corporation by the Electrical Inspector of the Borough of
Upland nor until the same have registered as such in the office of
said Inspector.
In order to qualify for such certificate of
registry and to be registered as aforesaid, it shall be necessary
that said person or persons, firm or corporation shall be a master
electrician and/or journeyman electrician and shall have been recognized
as a master electrician and/or journeyman electrician in the Borough
of Upland prior to the passage of this chapter or shall satisfy the
Electrical Inspector as to the person or persons, firm or corporation's
competence to perform at the level of a master electrician or journeyman
electrician or shall satisfactorily pass an examination as hereinafter
provided for.
A.
With the Borough Council's approval, the Electrical
Inspector may require an examination be taken and passed in order
to prove proficiency and competency as a master/journeyman electrician
in order that a person, firm or corporation may be given a certificate
of registry for the Borough of Upland.
B.
Where an examination is required, it shall be sufficient
that any one member of a firm or corporation shall successfully pass
that examination; provided, however, that in the event that the person
obtaining such certificate of registry shall cease to be connected
with the firm or corporation with which he or she was connected at
the time of obtaining the certificate, then said certificate shall
become null and void.
[Amended 1-13-2004 by Ord. No. 2-2004]
A.
The Borough Council of the Borough of Upland shall
appoint a competent person as Electrical Inspector, whose duties shall
be to supervise, superintend and inspect all electrical installations
and house or building wiring in conformity with the provisions of
this chapter and who shall be registered master electrician. The Electrical
Inspector shall receive compensation as shall be determined from time
to time by resolution of Borough Council.
B.
The Borough's Electrical Inspector shall comply with
all training and certifications as required by the Uniform Construction
Code, adopted by the Borough on May 11, 2004.
[Added 7-13-2004 by Ord. No. 5-2004]
[Added 12-10-1996 by Ord. No. 9-1996]
In the event that a qualified person has not
been appointed to the office of the Electrical Inspector of the Borough
of Upland, or this office is vacant for any reason, the following
requirements will prevail in order to assure the welfare and the general
public safety regarding the consistency in the quality of electrical
installations and repairs carried out within the Borough of Upland:
A.
During any such vacancy the regulation and requirements of §§ 81-1, 81-2, 81-3, 81-4, 81-9, 81-10, 81-11 and 81-12 shall be suspended until such time as the position of Electrical Inspector be and is filled by appropriate appointment of a suitably qualified person, at which time all sections and subsections of this article shall return to full force of law as intended at the time of the adoption of this article.
B.
During the period of any such vacancy, all descriptions
and drawings of any and all electrical installation or repair work
to be carried out within the boundaries of the Borough of Upland,
shall be delivered to the Borough offices to be kept on record and
if appropriate, be made part of the documentation to accompany any
application for a building permit.
All and every person having a degree in electrical
engineering from an accredited college or university and, in addition,
having at least one year's practical experience as a journeyman electrician
or having served four years' apprenticeship to a master/journeyman
electrician and, in addition, having at least one year's practical
experience as a journeyman electrician may be considered as a master
electrician for the purpose of this chapter.
All and every person having served four years'
apprenticeship to a master/journeyman electrician, as shall be defined
and/or approved by the Electrical Inspector, will be considered as
a journeyman electrician for the purpose of this chapter.
[Amended 12-10-1996 by Ord. No. 9-1996]
All applications for a certificate of registry
must be filed, in writing, with the Electrical Inspector and must
be accompanied by an appropriate certificate of liability insurance,
and a fee in an amount as set forth from time to time by the Borough
Council must be paid. If such person or persons so applying shall
be found competent by the Electrical Inspector, he or she shall thereupon
issue a certificate of registry to said applicant.
A.
All master electricians, journeyman electricians,
firms or corporations doing electrical work in the Borough of Upland
shall register with the Electrical Inspector.
B.
Every registered master electrician, journeyman electrician,
firm or corporation, upon his or her, their or its retirement from
business, shall surrender his or her, their or its certificate of
registry to the Electrical Inspector. Each person, firm or corporation,
in registering or during any period of time thereafter, shall give
the full name or names of the person or firm or officers of the corporation
and the names of all apprentices in their company.
[Amended 12-10-1996 by Ord. No. 9-1996]
A reexamination will not be necessary for reregistration
unless the licensed master or journeyman electrician should have failed
to make an application for reregistration within 15 days after the
date the same shall become due. A sum as set forth from time to time
by resolution of the Borough Council shall be paid by master electricians,
journeyman electricians, firms or corporations for reregistration.
A register of all such applicants and the license
or certificate issued shall be kept in the office of the Electrical
Inspector, which register shall be exhibited by the Electrical Inspector
to all persons determined by said Inspector to have a legitimate interest.
A.
Descriptions and/or drawings of any planned electrical
work carried out within the limits of the Borough of Upland must be
furnished to the Electrical Inspector for approval. Thereafter, within
10 days, the Electrical Inspector shall issue a permit to the registered
master or journeyman electrician for the work to be done if the plans
and descriptions are approved. No modifications to the approved drawings
and descriptions will be permitted unless amended drawings or descriptions,
covering the proposed changes, are so filed and approved by the Electrical
Inspector.
B.
All descriptions and/or drawings of any planned electrical
work must comply with the Uniform Construction Code requirements.
[Added 7-13-2004 by Ord. No. 5-2004]
[Amended 8-24-1993 by Ord. No. 6-1993; 11-12-2002 by Ord. No.
10-2002]
A.
Where work, for which a permit is required by this
chapter, is started prior to obtaining said required permit, the fees
set forth herein for such permit shall be doubled; and the payment
of such doubled fee shall not relieve any person, business, company
or corporation from fully complying with the requirements of this
chapter in the execution of the work or from any other penalties prescribed
herein.
B.
Any extra fees realized by the Borough from the administration of § 81-13A above shall be deposited into the general fund of the Borough of Upland.
C.
Any person shall have the right to appeal the decision
of the Electrical Inspector to double their permit fees to the Council
of the Borough of Upland. An application for a special hearing may
be made, in writing, to the Manager/Secretary's office within 10 days
of the disputed decision.
D.
All applicants for an electrical permit shall submit,
with their application, a certificate of insurance evidencing that
the contractor performing the work has appropriate workmen's compensation
coverage. Further, the Borough of Upland shall be named as a certificate
holder on said certificate of insurance.
No person, firm or corporation performing electrical
work within the limits of the Borough of Upland shall allow his or
her, their or its name to be used by any other person, firm or corporation,
directly or indirectly, either to obtain a permit or permits, send
in notices, make returns or do any work under his or her, their or
its license.
A.
No electrical installation is to be covered or concealed
in any manner until after it is inspected and approved by the Electrical
Inspector or an appropriate inspecting underwriter. The Electrical
Inspector shall, within a reasonable time after being requested to
do so, cause to be inspected and tested any system of electrical installation
or work that is ready for such inspection or test and, if the work
is found satisfactory and the test requirements are complied with,
shall cause to be issued, if requested, a certificate to that effect.
Nothing herein contained shall prevent the inspection and test of
part of a system or the issuance of a partial certificate nor prevent
the use of such part of a larger system, provided that such part constitutes,
by itself, a complete system properly tested and supplied with electric
power.
B.
In the event that a qualified person has not been
appointed to the office of the Electrical Inspector of the Borough
of Upland, or this office is vacant for any reason, the following
requirements will prevail in order to assure the welfare and the general
public safety regarding the consistency in the quality of electrical
installations and repairs carried out within the Borough of Upland:
[Added 12-10-1996 by Ord. No. 9-1996]
(1)
During such vacancy, any person doing or controlling
the performance of any electrical installation or repair work within
the Borough of Upland shall be required to contract with a licensed
and accredited independent electrical underwriter/inspection service.
(2)
Said person shall arrange the performance of such
electrical installation or repair work in such a way as to ensure
that said electrical underwriting service can provide all inspections
and approvals (rough-ins, interim and finals) as are required in order
to be in compliance with all areas of this Article and the National
Electrical Code, as adopted herein.[1]
[1]
Editor's Note: See § 18-17.
(3)
Upon the completion of any inspection by said electrical
underwriting/inspection service agency, said agency shall issue its
cut-in cards or any other proof of inspection performance and results,
directly to the offices of the Borough of Upland and as required by
any public utility agency involved.
As used in this chapter, the following terms
shall have the meanings indicated:
The Electrical Code of the Borough of Upland.
The National Electrical Code of the latest possible edition.
This code is produced by the National Fire Protection Association
and is the generally recognized standard for electrical installation
throughout the United States.
[Amended 12-10-1996 by Ord. No. 9-1996; 8-10-2004 by Ord. No. 6-2004]
A certain document, one copy of which is on
file in the office of the Borough of Upland, being marked and designated
as the “ICC Electrical Code-Administrative Provisions,”
as published by the International Code Council, be and is hereby adopted
as the Electrical Code of the Borough of Upland in the Commonwealth
of Pennsylvania for regulating the design, construction, quality of
materials, erection, installation, alteration, repair, location, relocation,
replacement, addition to, use or maintenance of electrical systems
as herein provided; providing for the issuance of permits and collection
of fees therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said Electrical Code on file in
the office of the Borough of Upland are hereby referred to, adopted
and made a part hereof, as if fully set out in this Ordinance with
the additions, insertions, deletions and changes, if any, prescribed
in Subsection A of this section.
[Added 8-10-2004 by Ord. No. 6-2004]
The following sections are hereby revised:
[Added 8-10-2004 by Ord. No. 6-2004]
If any section, subsection, clause or phrase
of this chapter is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this chapter. The Upland Borough Council hereby declares that it would
have passed this chapter, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any one or more sections,
subsection, sentences, clauses and phrases be declared unconstitutional.
[Added 8-10-2004 by Ord. No. 6-2004]
All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
[Added 8-10-2004 by Ord. No. 6-2004]
Nothing in this chapter or in the Electrical Code hereby adopted shall he construed to affect any suit or proceeding impending 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 § 81-17.3 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The Borough Manager/Secretary shall certify
to the adoption of this chapter and cause the same to be published
as required by law; and this chapter shall take full force and effect
immediately upon the date arid time of final passage and approval
by the Upland Borough Council.
[Amended 12-10-1996 by Ord. No. 9-1996]
The NEC covers electric conductors and equipment
installed within or on public and private buildings and/or other premises,
including yards, open lots or parking lots and industrial substations,
also the conductors that connect the installations to a supply of
electricity and other outside conductors adjacent to the premises,
also mobile homes and recreational vehicles.
A.
In addition to any remedies or penalties hereinafter
provided, it shall be within the power of the Electrical Inspector
or Building Code Official, as required by the Uniform Construction
Code, of the Borough of Upland to order the stoppage of all work at
any site when, in the judgment of said Inspector, the provisions of
this code are being violated and when, in the judgment of said Inspector,
stoppage shall be deemed necessary for the public interest, public
welfare and/or public safety.
[Amended 7-13-2004 by Ord. No. 5-2004]
B.
Said Inspectors are further authorized and empowered
to order that all further work be stopped in or about said work site
and/or require all persons in and about said work site forthwith to
vacate the same and to cause such work to be done in and about the
work site as, in their judgment, may be necessary to comply with this
chapter.
[Amended 12-10-1996 by Ord. No. 9-1996]
Fees to be charged for electrical permits shall
be as set forth from time to time by the Borough Council.
[Amended 12-10-1996 by Ord. No. 9-1996]
Any person or persons, firm or corporation who
or which shall do any electrical work without complying with the provisions
of this chapter regarding the registration to obtain a license or
certificate to engage in or carry out electrical business within the
limits of the Borough of Upland or a permit shall, upon conviction
before a District Justice, be fined not more than $1,000 for each
and every day he, she or they shall engage in or carry on said business
without first having obtained said certificate or license or permit,
and any persons who shall violate any of the rules, regulations or
requirements set forth in this chapter shall be liable for every such
offense to a fine of not more than $1,000, plus costs of prosecution.
All fines and penalties imposed by this chapter shall be recoverable
by summary proceedings before any District Justice. In default of
payment of any fine or penalties imposed by any District Justice,
under the provisions of this chapter, the person or persons so offending
shall be committed to the county prison for a period not to exceed
30 days.
