[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990;
and by Ord. 618, 9/11/1996, § 2]
The Township of Darby hereby adopts, for the purpose of establishing
rules and regulations for the installation, renewal, extension, and
reception of electric wiring and electric apparatus in existing buildings,
structures, or outdoor electrical displays or signs, or in the construction,
reconstruction, alteration or repair of buildings, structures or outdoor
electrical displays or signs, the electrical code known as the "BOCA
National Electrical Code, 1996," as recommended by the National Fire
Protection Association, of which not fewer than three copies have
been and now are filed in the office of the Township Secretary, and
the same is hereby adopted and incorporated as fully as if set out
at length herein. From the date by which this Part shall take effect,
the provisions thereof shall be controlling for all existing and future
electrical wiring and apparatus in buildings, structures, or outdoor
electrical displays or signs within the corporate limits of the Township
of Darby.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
The National Electrical Code adopted in § 5-201 hereof shall be enforced by the Building Official. The Building Official shall, upon the installation, removal, extension and reception of any electrical wiring and electrical apparatus pursuant to this Part, cause an inspection or inspections to be made, by himself or his duly authorized agents, to determine that the electrical work conforms with the National Electrical Code, this Part and other ordinances of the Township of Darby and the statutes of the Commonwealth of Pennsylvania.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
No person, copartnership, firm, association, corporation or
other legal entity shall hereafter install, receive, renew or extend
electrical wire or conductors to be used for the transmission of electric
current for electric light, heat or power purposes in existing buildings,
structures or outdoor electrical displays or signs, or in the construction,
reconstruction, alteration or repair of buildings, structures or outdoor
electrical displays or signs, without first applying for and obtaining
a permit to do so pursuant to this Part.
1.
All such applications for a permit shall be made to the Building
Official in writing on forms supplied by said Building Official.
2.
Any person making false answers to any questions or items set forth
in such application form shall forfeit and surrender any permit issued
pursuant thereto.
3.
Such application form shall contain questions designed to elicit
information to determine whether or not said proposed electric wiring
and electric apparatus comply with the National Electrical Code, any
other ordinances of the Township, and statutes of the Commonwealth
of Pennsylvania.
4.
Each such application form shall be accompanied by a fee prescribed
by this Part.
5.
Each applicant for a permit shall furnish to the Building Official
proof in writing that an application for inspection of the proposed
electric wiring and electric apparatus has been made to a local area
inspection agency that specializes in such inspections, to determine
that the electrical work conforms with the provisions of the National
Electrical Code and this Part. The payment of all inspection fees
and charges of the local area inspection agency shall be borne by
the applicant.
6.
Each applicant for a permit shall cause the premises covered by the
application to be open for inspection or inspections by the Building
Official and his agents and the representative or representatives
of the local area inspection agency at all reasonable times.
7.
Upon the Building Official's determination that the proposed
electric wiring and electric apparatus comply with the National Electric
Code, this Part and other ordinances of the Township of Darby and
the statutes of the Commonwealth of Pennsylvania, a permit shall be
issued.
8.
All permits shall expire one year from the date of issuance by the
Building Official.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
1.
All inspections shall be made to ensure that the proposed electrical
work complies with the National Electrical Code. No electric wiring
shall be concealed unless inspected and approved by the Building Official
and his agents and the representatives or representative of the local
area inspection agency, but such inspection or reinspection shall
be made within a reasonable time after notice of completion of the
electrical work sought to be inspected for approval. A duplicate record
of each written approval made by the local area inspection agency
shall be filed with the Building Official.
2.
All decisions made to determine whether or not the proposed electrical
work complies with the provisions of the National Electrical Code
shall be made by the Building Official.
3.
The Building Official shall have the power to stop electrical work
and order the removal thereof when he determines that such work is
being installed not in conformity with the National Electrical Code,
this Part and other ordinances of the Township and the statutes of
the Commonwealth of Pennsylvania.
4.
The Building Official may waive his inspection to determine compliance
with the National Electrical Code and this Part of all or that portion
of the proposed electrical work for which he shall have received a
duplicate record of approval by the local area inspection agency.
The Building Official shall give notice so that the approved work
can be concealed.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
In order to safeguard persons and property against the hazards
and perils incident to defective electric wiring and apparatus that
are or may now be in existence within the corporate limits of the
Township of Darby, the Building Official is hereby given the duty
to inspect, with his agents and the representative or representatives
of the local area inspection agency, when requested by proper authority,
or when public interest so requires, any premises within the Township
of Darby at reasonable times to ensure that the existing electric
wiring system and apparatus is not defective and unsafe.
1.
All decisions that the existing electric wiring system and apparatus
is defective shall be made by the Building Official in writing on
notice to the owner of the premises served forthwith personally or
by regular mail addressed to the address shown on the latest tax records,
with reasons for his decision.
2.
Upon the Building Official's decision that the existing electric
wiring system is defective and unsafe as aforesaid, the system or
portions of the system which are defective and unsafe shall be discontinued
until they are corrected and made to comply with the provisions of
the National Electrical Code in accordance with this Part.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
Every applicant and owner of the premises and other parties
in interest shall have the right to demand, in writing, a hearing
before the Building Official to contest any decision or order made
by him. Such demand for a hearing shall be signed by the contesting
party, stating what portions of the Building Official's decision
or orders are contested and his, or her, or their interest in the
premises.
1.
The Building Official shall fix a time and place for the hearing
not less than 10 days nor more than 30 days after receiving such demand
for a hearing and cause a notice of the hearing to be served personally
or by regular mail on the contestant, the owner of the premises and
other parties in interest.
2.
The contestant, the owner of the premises and other parties in interest
shall have the right to appear in person, or otherwise, and give testimony
at the hearing. Rules of evidence prevailing in the courts shall not
be controlling.
3.
The Building Official, within a reasonable time after such hearing,
shall make his decision in writing, with a finding of the facts and
the reasons for his decision, and serve a copy of his decision personally
or by regular mail on the contestant, the owner of the premises and
other parties in interest.
4.
An aggrieved party may file an appeal of this decision to the Board
of Commissioners in accordance with the Local Agency Law.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
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 the electrical work
regulated by the National Electrical Code and this Part.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
The National Electrical Code herein adopted is supplemented
by adding thereto the following, which is made a part hereof:
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§ 208. Supplements. The National Electrical
Code herein adopted is supplemented by adding thereto the following,
which is made a part hereof:
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1.
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Whenever a permit is required under the terms of this Part for
electrical wiring and apparatus 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.
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[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
The Building Official shall have the power to modify any of
the provisions of this Part, upon application, in writing, by the
owner of a premises or his agent, when there are practical difficulties
in the way of carrying out the strict letter of this Part, provided
that the spirit of this Part shall be observed, public safety secured,
and substantial justice done.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
All records of the Building Official pursuant to this Part shall
be open to public inspection for good and sufficient reasons during
office hours but shall not be removed from the office of the Building
Official without his written consent.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
No permit shall be required under this Part for the following
electrical work:
1.
Minor repair work such as the replacement of lamps and fuses.
2.
The connection of portable electrical appliances to suitable permanently
installed appliances.
3.
Equipment installed or work performed by or for a public utility
operating under authority granted by the Pennsylvania Public Utility
Commission of the Commonwealth of Pennsylvania.
4.
Equipment installed or work performed by a railway utility in the
exercise of its function as a utility and located in or on its right-of-way.
5.
Equipment used in connection with commercial radio and television
transmission.
6.
Repair, manufacturing and maintenance work on premises occupied by
a firm or corporation and performed by a regular employee who is a
qualified journeyman electrician.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990;
by Ord. 573, 11/26/1990; by Ord. 577, 10/9/1991; by Ord. 601, 3/9/1994;
by Ord. 630, 12/9/1998; and by Ord. 689, 12/8/2010]
1.
The applicant for any permit for new building or an addition to or
alteration of an existing building shall, at the time of his application,
pay to the Township Treasurer, for the use of the Township, for each
and every building as a functional unit, and to be applicable to each
functional unit in multiple-unit construction, a fee which shall be
based on the actual contract price of any such work or, if no contract
price has been agreed upon, then the applicant's estimated cost;
provided, however, that upon review by the Electrical Inspector with
the assistance of the Township Engineer, if required, such contract
price or estimated cost shall be subject to revision. If it is determined
that the contract price or estimated cost is unrealistic, then the
Building Inspector shall make the estimate of cost, which shall be
final.
A.
The fees for new construction shall be as follows:
[Amended by Ord. 711, 12/4/2013]
(1)
Residential: application fee of $75, plus $100 for the first
$1,000 and $50 for each additional $1,000 or fraction thereof.
B.
The fees for alterations, additions and repairs shall be as follows:
[Amended by Ord. 711, 12/4/2013]
2.
Double Fees. In case any work for which a permit required by this
Code is started or proceeded with prior to obtaining said permit,
the fee specified in this section of this Code shall be doubled, but
the payment of such double fee shall not relieve any person from fully
complying with the requirements of this Code in the execution of the
work, nor from any other penalties prescribed herein.
[Ord. 572, 10/10/1990]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 and costs, or in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements thereof are
the same as or in excess of the provisions of this Part. The code
shall control in all cases where the state requirements are not as
strict as those contained in this Part.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
The invalidity of any section or part of this Part shall not
affect the remaining sections.
[Ord. 529, 7/20/1982; as amended by Ord. 572, 10/10/1990]
The provisions of this Part, so far as they are the same as
those of ordinances and/or codes in force immediately prior to the
enactment of this Part, are intended as a continuation of such ordinances
and codes and not as new enactments. The provisions of this Part shall
not affect any act done or liability incurred, nor shall they affect
any suit or prosecution pending or to be instituted to enforce any
right or penalty or to punish any offense under authority of any of
the repealed ordinances.
