[Ord. No. 35-1996, § 1, 3-19-1996]
A certain document, designated as NFPA 70 National Electrical Code, 1996 edition, as published by the National Fire Protection Agency, is hereby adopted as the electrical code of the City for the control of all electrical installations as provided in this article; and each and all of the regulations, provisions, penalties, conditions and terms of the National Electrical Code are hereby referred to, adopted and made a part of this article as if fully set out in this article, with the additions, insertions, deletions, and changes, if any, prescribed in section 74-92. This article adopts the 1996 National Electrical Code which has been adopted by the state. One copy is on file in the office of the City Clerk, electrical inspector and City manager.
[Ord. No. 35-1996, § 3, 3-19-1996]
The electrical code adopted in section 74-91 is amended to read as follows:
(a)
Article 95, Administration, is amended to read as
follows:
95.1.0. Title, scope and intent.
95.1.1. Title. These regulations shall be known
as the Electrical Code of the City of Belfast, hereinafter referred
to as "this code."
95.1.2. Scope. This code shall control all
matters concerning the safe installation of electrical conductors
and equipment and shall apply to all existing or proposed buildings
and structures and all other electrical installations in the City,
except as such matters are otherwise provided for in other ordinances
or statutes or in the rules and regulations authorized for promulgation
under the provisions of this code.
95.1.3. Intent. This code shall be construed
to secure its expressed intent, which is to ensure public safety,
health and welfare insofar as they are affected by installation of
electrical conductors and equipment and, in general, to secure safety
to life and property from all hazards incident to the installation
of electrical conductors and equipment.
95.2.0. Validity.
95.2.1. Partial invalidity. If any part or
provision of this code is held to be illegal or void, this shall not
have the effect of making void or illegal any of the other parts or
provisions thereof which are determined to be legal, and it shall
be presumed that this code would have been passed without such illegal
or invalid parts of provisions.
95.2.2. Segregation of invalid provisions. Any
invalid part of this code shall be segregated from the remainder of
this code by the court holding such part invalid, and the remainder
shall remain effective.
95.3.0. Office of electrical inspection.
95.3.1. Electrical inspector. The office of
electrical inspection is hereby created, and the executive official
in charge thereof shall be known as the electrical inspector.
95.3.2. Appointment. The code enforcement officer
shall be appointed as the electrical inspector by the chief appointing
authority of the jurisdiction, and the electrical inspector shall
not be removed from office except for cause and after full opportunity
to be heard on specific and relevant charges by and before the appointing
authority.
95.3.3. Organization. The electrical inspector
shall appoint such number of officers, technical assistants, inspectors
and other employees as shall be necessary for the administration of
this code and as authorized by the appointing authority.
95.3.4. Deputy. The electrical inspector is
authorized to designate an employee as deputy who shall exercise all
the powers of the electrical inspector during the temporary absence
or disability of the electrical inspector.
95.3.5. Relief from personal responsibility. The electrical inspector or employee charged with the enforcement
of this code, while acting for the jurisdiction, shall not thereby
be rendered liable personally and is relieved from all personal liability
for any damage accruing to persons or property as a result of any
act required or permitted in the discharge of official duties. Any
suit instituted against an officer or employee because of an act performed
by that officer or employee in the lawful discharge of duties and
under the provisions of this code shall be defended by legal representative
of the jurisdiction until the final termination of the proceedings.
The electrical inspector or any subordinate shall not be liable for
costs in any action, suit or proceeding that is instituted in pursuance
of the provisions of this code; and any officer of the office of electrical
inspections, acting in good faith and without malice, shall be free
from liability for acts performed under any of its provisions or by
reason of any act or omission in the performance of official duties
in connection therewith.
95.3.6. Official records. An official record
shall be kept of all business and activities of the department specified
in the provisions of this code, and all such records shall be open
to public inspection at all appropriate times and according to reasonable
rules to maintain the integrity and security of such records.
95.4.0. Duties and powers of the electrical inspector.
95.4.1. General. The electrical inspector shall
enforce all of the provisions of this code and shall act on any question
relative to the mode or manner of construction and material to be
used.
95.4.2. Applications and permits. The electrical
inspector shall receive applications and issue permits for installation
of any and all electrical conductors and equipment.
95.4.3. Notices and orders. The electrical
inspector shall issue all necessary notices or orders to ensure compliance
with this code.
95.4.4. Inspections. The electrical inspector
shall make all of the required inspections, or the electrical inspector
may accept reports of inspection by approved agencies or individuals.
All reports of such inspections shall be in writing and be certified
by a responsible individual. The electrical inspector is authorized
to engage such expert opinion as deemed necessary to report upon unusual
technical issues that arise, subject to the approval of the City manager.
The reasonably anticipated cost of such opinion shall be borne and
paid for through advance payment to the City by the applicant for
such expert opinion.
95.4.5. Identification. The electrical inspector
shall carry proper identification when inspecting structures or premises
in the performance of duties under this code.
95.4.6. Department records. The electrical
inspector shall keep official records of applications received, permits
and certificates issued, fees collected, reports of inspections, and
notices and orders issued. Such records shall be retained in the official
records unless otherwise provided for by other regulations.
95.5.0. Application for permit.
95.5.1. Permit application. An application
shall be submitted to the electrical inspector for the following activities,
and these activities shall not commence without a permit being issued:
1. Installation of any electrical conductors.
2. Installation of any electrical equipment.
95.5.2. Form of application. The application
for a permit shall be submitted in such written form as the electrical
inspector prescribes and shall be accompanied by the required fee
as adopted by the City council.
95.6.0. Permits.
95.6.1. Action on application. The electrical
inspector shall examine or cause to be examined all applications for
permits and amendments thereto within a reasonable time after filing.
95.6.2. Suspension of permit. Any permit issued
shall become invalid if the authorized work is not commenced within
six months after issuance of the permit, or if the authorized work
is suspended or abandoned for a period of six months after the time
of commencing work.
95.6.3. Signature to permit. The electrical
inspector's signature shall be attached to every permit, or the
electrical inspector shall authorize a subordinate to affix such signature
thereto.
95.6.4. Revocation of permits. The electrical
inspector may revoke a permit or approval issued under the provisions
of this code in case of any false statement or misrepresentation of
fact in the application.
95.6.5. Notice of start. At least a twenty-four-hour
notice of start of work under an electrical permit shall be given
to the electrical inspector. In the event of an emergency this provision
may be waived provided the electrical inspector is notified within
48 hours after the emergency installation.
95.7.0. Conditions of permit.
95.7.1. Payment of fees. A permit shall not
be issued until the fees prescribed by the City council have been
paid.
95.7.2. Compliance with code. The permit shall
be a license to proceed with the work and shall not be construed as
authority to violate, cancel or set aside any of the provisions of
this code.
95.7.3. Compliance with permit. All work shall
conform to the approved application and the approved plans for which
the permit has been issued and any approved amendments to the approved
application or the approved plans.
95.8.0. Inspection.
95.8.1. Preliminary inspection. Before issuing
a permit, the electrical inspector may, if necessary, examine or cause
to be examined all buildings, structures and sites for which an application
has been filed for a permit.
95.8.2. Required inspections. After issuing
an electrical permit, the electrical inspector shall conduct inspections
from time to time during and upon completion of the work for which
a permit has been issued. A record of all such examinations and inspections
and of all violations of this code shall be maintained by the electrical
inspector.
95.8.3. Final inspection. Upon completion of
the building or structure, and before issuance of the certificate
of occupancy, a final electrical inspection shall be made. All violations
of the approved electrical installation documents and permit shall
be noted and the holder of the permit shall be notified of the discrepancies.
95.8.4. Right of entry. The electrical inspector
shall have the authority to enter at any reasonable time any structure
or premises for which a permit has been issued but which has not received
a certificate of occupancy. For all other structures or premises,
when the electrical inspector has reasonable cause to believe that
a code violation exists, the code official is authorized to enter
the structure or premises at reasonable times to inspect, subject
to constitutional restrictions on reasonable searches and seizures.
Prior to entering into a space not otherwise open to the general public,
the code official shall make a reasonable effort to locate the owner
or other person having charge or control of the structure or premises,
present proper identification and request entry. If requested entry
is refused or not obtained, the electrical inspector shall pursue
recourse as provided by law.
95.9.0. Workmanship.
95.9.1. General. All work shall be conducted
installed and completed in a workmanlike and acceptable manner so
as to secure the results intended by this code.
95.10.0. Violations.
95.10.1. Unlawful acts. It shall be unlawful
for any person, firm or corporation to install electrical conductors
or equipment regulated by this code, or cause such acts to be done,
in conflict with or in violation of any of the provisions of this
code.
95.10.2. Notice of violation. The electrical
inspector shall serve a notice of violation or order on the person
responsible for installation of electrical conductors or equipment
in violation of the provisions of this code, or in violation of a
detail statement or a plan approved thereunder, or in violation of
a permit or certificate issued under the provisions of this code.
Such order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation.
95.10.3. Prosecution of violation. If the notice
of violation is not complied with promptly, the electrical inspector
shall request the legal counsel of the jurisdiction to institute the
appropriate proceeding at law or in equity to restrain, correct or
abate such violation or to require the removal or termination of the
unlawful occupancy of the building or structure in violation of the
provisions of this code or of the order or direction made pursuant
thereto.
95.10.4. Violation penalties. Any person who
shall violate a provision of this code or shall fail to comply with
any of the requirements thereof or who shall install electrical conductors
or equipment in violation of any approved plan or directive of the
electrical inspector, or a permit or certificate issued under the
provisions of this code, shall be guilty of a civil land use violation
and subject to those penalties set forth in 30-A M.R.S.A. § 4452(3).
Each day shall constitute a separate violation to which the provisions
of 30-A M.R.S.A. § 4452 shall apply. All the remedies as
set forth in 30-A M.R.S.A. § 4452 shall be available to
the City, as well as the right to seek equitable relief through injunction
or temporary restraining order as may be necessary. In addition, if
the City is the prevailing party, the City shall be entitled to reasonable
attorneys' fees, expert witness fees and costs.
95.10.5. Abatement of violation. The imposition
of the penalties herein prescribed shall not preclude the legal officer
of the jurisdiction from instituting appropriate action to prevent
unlawful installation or to restrain, correct or abate a violation,
or to prevent illegal occupancy of a building, structure or premises
to stop an illegal act, conduct, business or occupancy of a business
or occupancy of a building or structure on or about any premises.
95.11.0. Stop work order.
95.11.1. Notice to owner. Upon notice from
the electrical inspector that work on any building or structure is
being prosecuted contrary to the provisions of this code or in an
unsafe and dangerous manner, such work shall be immediately stopped.
The stop work order shall be in writing and shall be given to the
owner of the property involved, or to the owner's agent, or to
the person doing the work, and shall state the conditions under which
work will be permitted to resume.
95.11.2. Unlawful continuance. Any person who
shall continue any work in or about the structure after having been
served with a stop work order, except such work as that person is
directed to perform to remove a violation or unsafe condition, shall
be liable for a civil penalty as provided in 30-A M.R.S.A. § 4452.
Each day of violation shall constitute a separate violation to which
the provisions of 30-A M.R.S.A. § 4452 shall apply.
(b)
Article 210-8(b) is amended by adding the following:
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(3)
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All 125 volt, 15- and 20-ampere receptacles installed within
six feet of any plumbing fixture shall have ground fault circuit interrupter
protection for personnel.
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Exception: This provision shall not apply to hot water heaters.
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