Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Kingston (now Town Council of the Municipality of Kingston) 5-7-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 60.

§ 84-1 Title.

This chapter shall be known as the "Kingston Electrical Code."

§ 84-2 Definitions.

A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
BUREAU OF INSPECTION
The Department of Licenses and Inspection.
ELECTRICAL WORK
Any installation, construction, alteration, extension, assembly of any device, equipment, apparatus or any other object which is used or intended to be used for the transmission of electrical energy or impulse, except when performed by or on behalf of any regulated public utility operating under authority granted by the Commonwealth of Pennsylvania or the United States, 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, or on electrical circuits connected to or supported by such equipment or facilities required in the operation 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 electrical energy or impulse, but shall include electrical wiring systems connected to air-conditioning equipment, protective signaling devices (fire and burglar), swimming pools and electrical displays and signs.
MASTER ELECTRICAL CONTRACTOR
Any person, firm or corporation who shall have qualified and registered as a "master electrical contractor," in accordance with the rules and regulations of the Bureau of Inspection.
NATIONAL ELECTRICAL CODE
The National Electrical Code, 1975 Edition, National Fire Protection Association.
RESIDENTIAL ELECTRICAL CONTRACTOR
Any person, firm or corporation who shall have qualified and registered as a "residential electrical contractor," in accordance with the rules and regulations of the Bureau of Inspection, and is involved in residential-type electrical work only.
B. 
Special titles. As used in this chapter, the following terms shall have the meanings indicated:
AIR-CONDITIONING AND/ OR REFRIGERATION DEALER AND/OR CONTRACTOR
Work limited to wiring from a distribution panel to an air conditioner or refrigeration equipment, including controls and component parts.
APPEAL BOARD
The Electrical Appeals Board hereafter created.
APPLIANCE DEALER
Work limited to wiring from distribution panel to equipment and its controls and component parts.
APPRENTICE ELECTRICIAN
Any person employed by an electrical contractor, or special titles as defined in Subsection B, and shall have registered in accordance with the rules and regulations of the Bureau of Inspection. No examination shall be required and no more than four renewals shall be permitted.
APPROVED INSPECTION AGENCY
The Middle Department Inspection Agency, Keystone Electrical Inspection Service, Inc., Atlantic Inland Inspection Service, and such other inspecting agency or agencies which shall hereafter be approved by resolution of Borough Council.
BURGLAR AND FIRE ALARM
Work limited to wiring for controls and equipment, including connection to an existing distribution panel or over current device.
CHIEF PLANT ELECTRICIAN OR MAINTENANCE SUPERVISOR
Work is limited to plant where employed.
ELEVATOR CONTRACTOR
Work limited to wiring of controls and equipment, including connection to an existing distribution panel or over current device.
HEATING DEALER AND/OR CONTRACTOR
Work limited to wiring from a distribution panel to heater and its controls and/or component parts.
JOURNEYMAN ELECTRICIAN
Any person employed by an electrical contractor, or special titles as defined in Subsection B, and who shall pass a journeyman electrician's examination and be qualified and registered in accordance with the rules and regulations of the Bureau of Inspection.
MAINTENANCE (OTHER THAN INDUSTRIAL)
Work is limited to place of employment.
OTHER TITLES
As established by the Bureau of Inspection, these shall mean any person, firm or corporation who shall have qualified and registered under his or their special title, in accordance with the rules and regulations of the Bureau of Inspection.
SIGN CONTRACTOR
Work limited to wiring from distribution panel or over current device to sign equipment, including controls and component parts.

§ 84-3 Electrical Appeals Board.

[Amended 11-8-1976]
A. 
The Electrical Appeals Board shall consist of three qualified persons appointed by the Mayor with the advice and consent of the Council. Such persons shall be active or retired electrical contractors, electrical engineers, electrical teachers of trade schools, members of a recognized electrical inspection agency, or journeyman electricians with at least five years' experience. All members of the Electrical Appeals Board shall serve without compensation, but may be reimbursed for reasonable and necessary expenses.
B. 
The members of the Appeals Board shall hold office for a period of three years, or until their successor or successors are qualified in office; provided, however, that the original members of the Appeals Board shall be appointed to hold office for the term of one, two and three years, respectively.
C. 
Two members of the Appeals Board shall constitute a quorum for the transaction of any and all business.
D. 
Special meetings, if required, shall be preceded by at least 48 hours' written notice to each member stating the purpose of such meeting. Meetings may be called by the Chairman or by at least two members of such Board.
E. 
The Appeals Board shall hold meetings as frequently as the proper and efficient discharge of its business shall require.

§ 84-4 License required; insurance; fees.

[Amended 8-5-1974; 11-8-1976]
A. 
Any person, firm or corporation desiring to engage in the business or occupations covered by § 84-2 shall apply to the Bureau of Inspection for a license and registration as herein required, and said applicant shall present himself before the Bureau of Inspection at a time and place fixed by the Bureau, wherein his qualifications and knowledge shall be inquired into. If the Bureau of Inspection shall find, upon due examination, that the applicant presenting himself 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 for the license applied for, then the Bureau of Inspection upon proof of the payment of the fee herein provided, and upon filing with the Bureau of Inspection a copy of his public liability and property damage insurance policy or policies indicating coverage in the amount of $300,000 and $500,000 for public liability and $50,000 for property damage, issue to said person, firm or corporation a license of the proper type. Such license shall continue in full force and effect following its issuance unless sooner revoked, upon the payment of the annual license fee. Passing of an examination for electrical contractor's license by any one member of a firm or corporation shall be deemed sufficient for that firm or corporation to engage in the electrical contracting business.
B. 
Fees.
[Amended 6-7-1982]
(1) 
Application for examinations and license shall be accompanied by proof that the proper fee, as hereinafter provided, has been paid to the Borough Treasury:
Position
Fee
Electrical contractor
$50.00
Special title
$50.00
Journeyman electrician
$10.00
Apprentice electrician
$5.00
(2) 
All licenses shall expire December 31 of the year issued.
C. 
Any applicant who is unsuccessful in passing the examination prescribed by the Bureau of Inspection will be permitted to take a reexamination not less than 60 days after the date of his unsuccessful examination.
D. 
Any licensee desiring to continue to practice the profession or trade for the year following the expiration of the current license shall, between the first and 31st day of December of each and every year, surrender the current license for the then current year to the Bureau of Inspection, which shall forthwith, upon proof of the payment of the proper fee hereinafter provided, filing of a copy of current required insurance policy or policies regarding public liability and property damage, issue to the applicant a license for the ensuing year.
E. 
[Amended 6-7-1982] Fees for renewal of license shall be as follows:
Position
Fee
Master electrician contractor
$50.00
Residential electrical contractor
$40.00
Special title
$50.00
Journeyman electrician
$10.00
Apprentice electrician
$1.00
F. 
Any person, firm or corporation duly licensed by another municipality in Pennsylvania which has adopted a substantially identical ordinance to this chapter containing reciprocity provisions shall be permitted to operate in the Borough of Kingston, upon applying for a license accompanied by proof that the proper fee has been paid to the Kingston Borough Treasury, filing of a copy of current required insurance policy or policies regarding public liability and property damage.

§ 84-5 Adoption of standards by reference.

[Amended 8-5-1974; 11-8-1976; 6-7-1982; 2-11-1985]
The Borough Council of Kingston does hereby adopt and incorporate, as fully as if set out at length herein, that certain electrical code known as the "1984 Edition of the National Electrical Code," adopted by the National Fire Protection Association, as currently amended. Three copies of the National Electrical Code shall be kept on file in the office of the Bureau of Inspection for use by the public during regular business hours.

§ 84-6 General requirements.

A. 
Any electrical work in the borough shall be performed in accordance with the requirements and standards of the National Electrical Code and this chapter and the rules and regulations of the local electrical utility.
B. 
The National Electrical Code is hereby supplemented by providing that whenever electrical work is to be done in connection with a gas or oil burner installation in any existing building or structure, or in the construction, reconstruction, alteration or repair of buildings or structures, 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.
C. 
Only the materials, fittings and devices enumerated in the list of inspected appliances of Underwriters Laboratories, Inc., as revised from time to time, shall be used in electrical work regulated by the National Electrical Code and this chapter.

§ 84-7 Permit required; procedure.

A. 
No person, firm or corporation shall perform or receive any electrical work in the borough unless he or it first obtains a permit from the Bureau of Inspection. However, work other than new construction and renovations may be commenced prior to the issuance of a permit, provided that the Bureau of Inspection is notified that such work is to be started and that the permit application shall be filed in the office of the Bureau of Inspection within five calendar days.
B. 
Emergency work may be done at any time, provided that the Bureau of Inspection is notified the next working day following the start of such work and that the work is being or has been performed and the permit application will be filed in the office of the Bureau of Inspection within five calendar days.
C. 
An applicant for a permit shall make application on a form supplied by the borough setting forth:
(1) 
The nature of the electrical work to be performed.
(2) 
The place where the electrical work will be done and the estimated completion date. Work in progress not completed by the estimated date will necessitate a request for extension of the permit.
(3) 
Plans and/or specifications for the electrical work to be done. Electrical drawings will be required for all new construction and renovations of public, private, commercial and industrial buildings, also apartments; such final electrical drawings, plans and/or specifications shall be approved by the Bureau of Inspection before any electrical work is started. The Bureau of Inspection should render written approval or rejection within 10 days of permit application date, or the work will be permitted to proceed as if it were approved.
(4) 
The name, address and Kingston license number of the person, firm or corporation performing the electrical work.
(5) 
The name of the inspection agency, if any, which will perform the inspection and any other information which the Bureau of Inspection deems necessary or desirable.

§ 84-8 Exceptions.

The provisions of this chapter shall not apply to:
A. 
The replacement of light bulbs or fuses or other minor repair work, as defined by the Bureau of Inspection.
B. 
The connection of any portable electrical appliance to any permanently installed electrical receptacle.
C. 
Central police station supervised alarm system.

§ 84-9 Permit fees.

A. 
Fees enumerated.
[Amended 12-9-1998 by Ord. No. 1998-11]
(1) 
Applicants for permits to be issued under this chapter shall pay as directed by the Bureau of Inspection, to the Municipal Treasury, the fees prescribed below:
Valuation of Electrical Work
Fee
$0 to $499
$15
500 to 2,499
$30
2,500 to 4,999
$45
5,000 to 7,499
$75
7,500 to $10,000
$100
(2) 
For each $1,000, or portion thereof, of work involved over and above the sum of $10,000, an additional fee of $5 per $1,000 of work shall be charged. Permit fees will be doubled for work started prior to application for permits.
B. 
When the nature of the work is for routine repairs, maintenance or replacement, the Electrical Inspector may issue an annual permit for predesignated sites upon the payment of a fee as set from time to time, payable January 1 of each year.
[Amended 2-11-1985]
C. 
Annual permits for the routine repair, maintenance or replacement of electrical work and equipment may be issued to owners or occupants of a building regularly employing one or more electricians on the premises or to an electrical contractor for each location where maintenance is performed.
D. 
Each holder of an annual permit shall maintain a record of all work in the nature of replacement or repairs.

§ 84-10 Inspections and tests.

A.Inspections and tests to determine whether the provisions of the National Electrical Code and this chapter have been complied with shall be made by the Bureau of Inspection, which shall be notified by the person, firm or corporation performing the electrical work that such work is ready for inspection. Where the cost of the work is $200 or more, an inspection shall be made by an approved inspection agency. Upon completion of any electrical work costing in excess of $200 or more, a certificate of inspection and approval issued by an approved inspection agency, in lieu of an inspection by the Bureau of Inspection, shall be furnished to the Bureau of Inspection not later than 15 days after completion of the installation of the electrical work. Should the utility company or other interested parties require or desire a certificate of inspection from an approved inspection agency for work of less value, then a copy of that certificate shall also be issued to the Bureau of Inspection not later than 15 days after completion of the installation of electrical work.
A. 
Schedules of the fees charged by each approved inspection agency shall, at all times, be kept on file in the office of the Bureau of Inspection and 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 chapter shall be made by the Bureau of Inspection, which is hereby authorized to stop any electrical work in process and order the removal thereof if it shall determine that such work is not being installed in conformity with the provisions of the National Electrical Code and this chapter.
C. 
The Bureau of Inspection is hereby authorized to waive inspections of all or that portion of electrical work for which it shall have received a certificate of inspection and approval from an approved inspecting agency certifying that such work complies with the provisions of the National Electrical Code and this chapter. Notice of such waiver of inspection shall be given to the applicant so that the approved work can thereafter be concealed.
D. 
The Bureau of Inspection shall not accept any certificate of inspection from an inspecting agency which has not been approved by Borough Council, which will investigate the qualifications, method of operation, completeness of inspectional activity and type of report before approving such agency.
E. 
The Electrical Inspector 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.

§ 84-11 Revocation of permits.

A. 
The Electrical Inspector may revoke any permit when:
(1) 
Any work for which a permit is granted is done in violation of the provisions of the National Electrical Code or this chapter or the approved final drawings therefor, or in an unsafe and dangerous manner;
(2) 
Any condition of the permit is violated; or
(3) 
Active work thereunder is not commenced within six months from the date of issuance.
B. 
When the Electrical Inspector determines that grounds exist for the revocation of a permit, he shall serve notice upon the holder of such permit stating the nature of the violation, and that the compliance with all requirements shall be achieved within 30 days of receipt of notice. The notice may also prescribe a course of remedial action.
C. 
If at the expiration of the time allowed for compliance the violation has not been corrected, the Electrical Inspector may revoke the permit.

§ 84-12 Existing faulty electrical work.

A. 
In order to safeguard persons and property against the hazard and perils of existing defective electrical wiring, apparatus or equipment, the Electrical Inspector is hereby given the authority and the duty to inspect, at reasonable times, any building, structure (including swimming pools, electrical displays or signs) or premises in the borough to determine whether any electrical work therefor installed therein is defective or unsafe.
B. 
If the Electrical Inspector shall determine that any electrical work in any building, structure (including swimming pools, electrical displays and signs) or premises is in an unsafe and dangerous condition or not in compliance with the provisions of the National Electrical Code, or this chapter, he shall serve notice upon the owner or occupant thereof, stating the nature of the violation, and that compliance with all requirements shall be achieved within the period of time specified in the notice. The notice may also prescribe a course of remedial action. Should the service entrance equipment to and including the main disconnecting protective device be found unsafe, notification of same will also be made to the electric utility.
C. 
If at the expiration of the time allowed for compliance the violation has not been corrected, the Electrical Inspector may institute proceedings, as provided in § 84-16 hereof, to collect from the owner or occupant the fines or penalties specified for violations of this chapter.

§ 84-13 Electrical interference with radio transmissions.

The installation and maintenance of fluoroscope, X-ray or other electrical apparatus so constructed or so used as to interfere with the radio communications for the Police Department, the Fire Department or the Public Works Department of the borough is hereby prohibited.

§ 84-14 Appeals; procedure.

A. 
An appeal from any decision of the Electrical Inspector may be taken to the Appeals Board. Such appeal shall be made in writing within 10 days after such decision has been made, shall be verified by affidavit and filed with Borough Secretary. A hearing shall be scheduled by the Appeals Board within 30 days after the appeal has been filed. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. The decision on such appeal shall be made by the Appeals Board within 10 days after the hearing. The decision of the Appeals Board on such appeals shall be in writing, copies of which shall be served on the Electrical Inspector and the appellant.
B. 
A fee of $50, payable in advance, shall be paid to the Borough Treasury for each appeal taken to the Examining (Appeals) Board from decision of the Electrical Inspector, to cover the cost of notices and hearing of the appeal. This fee shall be refundable to the appellant in such instances when the Appeals Board reverses the decision of the Electrical Inspector.
[Amended 6-7-1982]

§ 84-15 Declaration of nuisance; abatement.

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

§ 84-16 Violations and penalties.

Any person who shall perform any electrical work contrary to the provisions of the National Electrical Code or this chapter or who shall fail to comply with the lawful regulations, order or direction of the Electrical Inspector shall be liable, on conviction thereof, to a fine or penalty not exceeding $300 for each and every offense, or undergo imprisonment not exceeding 30 days, or both; and, whenever such person shall have been notified by the Electrical Inspector, or by service of summons in prosecution, or in any other way, that he is committing such violations of this chapter, each day in which he shall continue such violations after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.