Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 11-21-2000 by Ord. No. 132-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 65.
Electrical standards — See Ch. 83.
Energy conservation — See Ch. 84.
Existing building standards — See Ch. 85.
Fire prevention — See Ch. 90.
Fuel gas standards — See Ch. 96.
Mechanical standards — See Ch. 116.
One- and two-family dwelling standards — See Ch. 123.
Plumbing — See Ch. 139.
Property maintenance — See Ch. 141.
Subdivision and land development — See Ch. 175.
Urban wildland interface standards — See Ch. 183.
Zoning — See Ch. 200.

§ 83-1 Adoption of standards by reference; copies to be on file.

[Amended 5-12-2004 by Ord. No. 152-2004]
The Board of Supervisors of East Whiteland Township hereby adopts the International Electrical Code- Administrative Provisions, 2003 Edition, as now and as hereafter supplemented, reissued, amended and revised as published by the International Code Council, Inc. Not fewer than three copies of the International Electrical Code, 2003 Edition, are filed in the office of the Secretary of East Whiteland Township, and the same is hereby adopted and incorporated as fully as if set out at length herein.

§ 83-2 Additions, insertions and changes to standards.

[Amended 5-12-2004 by Ord. No. 152-2004]
The following sections of the International Electrical Code, 2003 Edition, are hereby amended and revised as follows:
A. 
Section 101.1 shall be amended by the deletion of the words "[NAME OF JURISDICTION]" and the replacement thereof with "East Whiteland Township."
B. 
Section 202 shall be amended by deleting the definition of "approved agency" and replacing it with the following definition:
APPROVED ELECTRICAL INSPECTION AGENCY—An individual or entity that has been licensed and certified by the Commonwealth of Pennsylvania to perform electrical inspections and who has been approved by the Township to engage in the business of electrical inspection in the Township pursuant to Chapter 83 of the East Whiteland Township Code.
C. 
Section 301.1 shall be amended to state as follows:
301.1 Enforcement Agency. The office of Electrical Inspector is hereby created and the executive official in charge shall be known as the "Electrical Inspector." The Electrical Inspector shall be appointed by the Director of Codes and Life Safety and during temporary absence or disability of the Electrical Inspector, the Director of Codes and Life Safety shall designate an acting Electrical Inspector. The term "Electrical Inspector" whenever used in this code or in Chapter 83 of the East Whiteland Township code shall include the duly authorized representative or representatives of the Electrical Inspector. The Electrical Inspector shall also be referred to herein as the "Code Official."
D. 
Section 302.5 shall be amended to state as follows:
302.5 Inspections. The Electrical Inspector or an approved electrical inspection agency shall make all of the inspections necessary to determine compliance with the provisions of this code in accordance with Chapter 7.
E. 
A new Section 302.5.1 shall be added which shall read as follows:
302.5.1 Required inspections. The following inspections shall be required for all electrical installations done or undertaken in the construction, reconstruction, alteration or repair of any building or structure as follows:
(1)
Service inspection. An inspection shall be required for all service equipment and associated conductors prior to energizing. This inspection shall include, but not necessarily be limited to, the following: service drop, service entrance cables, breaker and/or fuse panel boxes, main disconnects, service lateral.
(2)
Rough wiring. An inspection shall be made upon completion of the rough wiring and prior to any concealment of the wiring by construction or other materials.
(3)
Final inspection. An inspection shall be made upon completion of installation and connection of the power service to all switches, receptacles, fixtures, equipment and/or other devices.
F. 
Section 401.3 shall be amended by adding the following exemptions:
6.
Minor repair work which is defined as and limited to replacement of a receptacle, switch, lighting fixture, lamp or fuse.
7.
The connection of any portable electrical appliance to any permanently installed electrical receptacle.
8.
Equipment installed or work performed by or for a public utility operating under authority granted by the Public Utility Commission of the Commonwealth of Pennsylvania.
9.
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.
10.
Equipment used in connection with commercial radio and television transmission.
G. 
Section 404.2 shall be amended to state as follows:
404.2 Permit fees. The fee for the permit for electrical work shall be paid in accordance with the fee schedule approved and adopted by the Board of Supervisors, which schedule shall be available for public inspection at the office of the Secretary of the Township of East Whiteland. The fee schedule shall be reviewed and revised as necessary by the Board of Supervisors.
H. 
Section 1003.1 shall be amended to state as follows:
1003.1 Violation penalties. Any person who violates or permits the violation of any provision of this chapter or the International Electrical Code adopted hereby, or who fails to comply therewith or with any of the requirements of this chapter, or who shall do electrical work in violation of the plans and specifications approved thereunder, and any electrical inspection agency, agent, servant or employee thereof who shall violate any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense, and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section or provision of this chapter or the International Electrical Code that is violated shall constitute a separate offense, and each day or portion thereof which a violation thereof is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. A corporation, through its president or chief operating officer, shall be subject to the penalty provisions of this chapter as if such corporation were a person. All fines and penalties collected for the violation of this chapter and the International Electrical Code shall be paid to the Township Treasurer.
I. 
Chapter 11, Means of Appeal, shall be deleted and replaced with the following:
CHAPTER 11
BOARD OF APPEALS
111.1 General. The Township, along with Easttown Township, Willistown Township and Malvern Borough (the "participating municipalities") intends to form an intergovernmental Board of Appeals, which Board shall hear and decide appeals of orders, decisions or determinations made by the respective municipalities' building official relative to the application and interpretation of the municipalities' building code. The members of the intergovernmental Board of Appeals shall be appointed by the participating municipalities and shall be governed by rules and regulations adopted by the participating municipalities. The intergovernmental Board of Appeals shall adopt rules of procedure for conducting its business.

§ 83-3 (Reserved) [1]

[1]
Editor’s Note: Former § 83-3, Establishment of office of Electrical Inspector, was repealed 5-12-2004 by Ord. No. 152-2004.

§ 83-4 (Reserved) [1]

[1]
Editor’s Note: Former § 83-4, Right of entry of Electrical Inspector, was repealed 5-12-2004 by Ord. No. 152-2004.

§ 83-5 Permit required; application; issuance; expiration.

A. 
No person shall hereafter install, receive, renew or extend electrical wire or conductors to be used for the transmission of electrical current for electrical 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, or install, receive, renew or extend any equipment covered by or within the International Electrical Code-Administrative Provisions, 2003 Edition (the "IEC"), and the National Electric Code which is adopted by reference in the IEC, as now and as hereafter supplemented, reissued, amended and revised, without first applying for and obtaining a permit to do so pursuant to the provisions of this chapter. The word "person" as used throughout this chapter shall mean and include any individual, firm, corporation, association, partnership or other entity.
[Amended 5-12-2004 by Ord. No. 152-2004]
B. 
Application for such permit shall be made on suitable forms provided by the Electrical Inspector.
C. 
Any person making any false answers to any of the questions or items set forth in such application shall, in addition to being liable under the penalty provisions hereof, forthwith forfeit and surrender any permit issued pursuant to such application.
D. 
Such application shall contain questions designed to elicit information to determine whether or not said proposed electrical wiring or electrical apparatus complies with this chapter.
E. 
Each such application shall be accompanied by the current fee prescribed by resolution of the Board of Supervisors of East Whiteland Township, the provisions of which resolution as the same may be from time to time amended and revised, are incorporated herein by reference.
F. 
Inspections.
(1) 
All inspections required to be made pursuant to the provisions of this chapter shall be made by an approved electrical inspection agency. All inspection fees and charges of the approved electrical inspection agency shall be borne by the applicant; provided, however, that no agency inspection shall be required when permit application is made for installation and addition of no more than six 110/115 volt, 15 or 20 amp. outlets, in which case inspection thereof shall be made by the Electrical Inspector.
(2) 
With respect to the exemption for outlet inspection, no permit applicant shall evade or attempt to evade the provisions of Subsection F(1) hereof by making piecemeal inspection applications so as to circumvent the requirement for inspection by an approved electrical inspection agency. This provision is specifically intended to make such evasion unlawful and to subject violators to the provisions of § 83-16 hereof.
G. 
Each applicant for a permit shall cause the premises covered by the application to be opened for inspection or inspections by the approved electrical inspection agency and, when required by him, the Electrical Inspector.
H. 
The Electrical Inspector shall forthwith issue a permit upon submission to him of a completed application which complies with the provisions of this chapter and upon payment of the permit fee.
I. 
All permits shall expire at the expiration of one (1) year of the date of issuance.

§ 83-6 Approval of electrical inspection agencies.

A. 
All inspection agencies presently engaged in or seeking approval to engage in the business of inspection of electrical construction work for which a permit is required by this chapter shall:
(1) 
Submit the names and addresses of all persons who have a beneficial or financial interest in the agency's business, or are actually engaged in an executive, managerial or supervisory capacity in connection with its business operations.
(2) 
Submit an outline of the inspection agency's experience, including the training, education, experience, provision for continuing training and updating and other qualifications of the agency's local inspectors and supervisors. The agency shall furnish any and all supporting data necessary to properly evaluate the qualifications of the applicant.
(3) 
Submit a letter of certification as an approved inspection agency from the local power companies.
(4) 
Submit a hold harmless agreement, an approved form of which is in file with the Secretary of the Township, and upon submission the form shall be fully executed.
(5) 
Submit a certificate of insurance executed by an authorized representative of the agency's insurance underwriter, providing evidence of insurance coverage as required by current resolution of the Board of Supervisors of East Whiteland Township and listing the names of individuals covered by such insurance; provided, however, that:
(a) 
The certificate shall state the contractual liability coverage that exists and that it specifically covers the exposure provided for in the hold harmless agreement;
(b) 
If such policies are canceled or changed so as to reduce the insurance coverage, written notice by registered mail of such cancellation or change shall be delivered to the Township of East Whiteland at least 30 days prior to the effective date of such cancellation or change.
(6) 
Submit notification of all inspection personnel changes within 72 hours of the change.
(7) 
Have an established place of business within the Commonwealth of Pennsylvania.
(8) 
Submit its office address, telephone number or numbers of responsible inspection agency officials to be contacted after normal office hours in the event of an emergency.
B. 
All filings and submittals required shall be made with and to East Whiteland Township through the Electrical Inspector.

§ 83-7 Electrical inspection agency application procedure.

A. 
An electrical inspection agency seeking issuance or renewal of an electrical inspection agency certification shall submit a letter of request to the Electrical Inspector of East Whiteland Township, which shall be accompanied by the current application or renewal fee as prescribed by the resolution of the Board of Supervisors of East Whiteland Township, the provisions of which are incorporated herein by reference.
B. 
The period of certification shall be on an annual basis and renewal shall be applied for at least 30 days before the expiration date. Renewal will be administered by the standards of original issuance.

§ 83-8 Revocation or suspension of approval.

The Township of East Whiteland may revoke or suspend the approval granted to any electrical inspection agency. Suspension or revocation of approval may be based upon (but is not limited to) the following reasons. If the agency has:
A. 
Obtained approval by misrepresentation;
B. 
Refused or failed to comply with the provisions of this chapter and any rules or regulations adopted pursuant to the provisions hereof;
C. 
Engaged in fraudulent business activities or misleading advertising practices;
D. 
Committed an act of gross negligence or condoned such act by its employees;
E. 
Failed to adequately and properly supervise employee to insure compliance with the provisions of this chapter and the rules and regulations adopted pursuant hereto, or recognized safety standards;
F. 
Failed to apply for renewal of its certification within the thirty-day period provided by this chapter;
G. 
Failed to abide by the approval requirements of § 83-6 hereof.

§ 83-9 Inspection and reporting requirements.

A. 
All electrical inspections shall be made by an approved electrical inspection agency and shall be conducted so as to ensure that the proposed electrical work complies with the provisions of this chapter. No electrical wiring shall be concealed until and unless it has been inspected and approved by an approved electrical inspection agency; provided, however, that with respect to the exemption in § 83-5F(1) such inspection shall be made by the Electrical Inspector.
B. 
All decisions made to determine whether or not the proposed electrical work complies with the provisions of this chapter shall be made by the approved electrical inspection agency or the Electrical Inspector, as applicable, except the Electrical Inspector may waive his inspection of all or such portion of the proposed electrical work with respect to which he shall have received a duplicate record of approval by the approved electrical inspection agency showing that such work complies with the provisions of this chapter.
C. 
The permit number issued pursuant to § 83-5 of this chapter shall be clearly endorsed by the electrical inspection agency or the Electrical Inspector upon the face of the inspection report issued pursuant to this section.
D. 
The approved electrical inspection agency shall not accept an application for inspection where the permit holder has previously made application to another electrical inspection agency for inspection of the same electrical work, unless the agency notifies and for cause shown receives the approval of the Electrical Inspector. In addition, the original electrical inspection agency making an inspection of any electrical work shall and must complete the inspection of the remainder of any such work and such inspection shall not be divided between or among any other agency or agencies, unless the agency making the original inspection notifies, and upon cause shown receives the approval of the Electrical Inspector. The Electrical Inspector's decision shall be within his discretion and shall be final.
E. 
Required inspections. The following inspections shall be required for all electrical installations done or undertaken in the construction, reconstruction, alteration or repair of any building or structure as follows:
(1) 
Service inspection. An inspection shall be required for all service equipment and associated conductors prior to energizing. This inspection shall include, but not necessarily be limited to, the following: service drop, service entrance cables, breaker and/or fuse panel boxes, main disconnects, service lateral.
(2) 
Rough wiring. An inspection shall be made upon completion of the rough wiring and prior to any concealment of the wiring by construction or other materials.
(3) 
Final inspection. An inspection shall be made upon completion of installation and connection of the power service to all switches, receptacles, fixtures, equipment and/or other devices.
F. 
Electrical inspection by the inspecting agency to whom a request or application for inspection has been made shall be prompt and diligent, and shall take place within three working days following notification to the electrical inspection agency that the electrical work is ready to be inspected; provided, however, that failure of an inspection agency to respond and complete its inspection within this required inspection period shall not authorize the concealment of any phase of the electrical installation. Where any such agency has failed to carry out the required inspection, as requested, within the required period, or such reasonable extension thereof as approved by the East Whiteland Township Electrical Inspector, it shall be the contractor's responsibility to secure another approved electrical inspection agency to conduct the required inspection, and such agency shall have a period of three working days following notification to it to complete the inspection.
G. 
Following completion of each of the electrical inspections required by Subsection E above, the electrical inspection agency shall, within 15 days, file in the office of the Township Electrical Inspector a certification of inspection, in a form approved by the Electrical Inspector, which shall certify compliance of the electrical installation with the East Whiteland Township Electric Code. As a minimum, the certification shall include the date of the inspection, the name of the inspecting agency and the inspector, a description of the electrical installations inspected and such other information as the Electrical Inspector shall, from time to time, require.

§ 83-10 Power to stop work.

The Electrical Inspector shall have the power to stop electrical work and order the removal or correction thereof when he determines that such work is not in conformity with the provisions of this chapter. An approved electrical inspection agency making inspection of any electrical work pursuant to the requirement of this chapter shall immediately, but in no event later than 24 hours after such inspection, notify the Electrical Inspector of any work that is not being installed or has not been installed in conformity with the provisions of this chapter. In no event shall such agency approve any such improper installation when, in its discretion, such approved electrical inspection agency determines an emergency to exist with respect to such installation. In the event of an emergency, the electrical agency shall order that all such electrical installations cease until further inspection by the Electrical Inspector pursuant to such notification. Thereafter, such improperly installed electrical work shall not be utilized or activated in any manner until such faulty installation is corrected and such installation is further inspected and approved by the electrical inspection agency.

§ 83-11 Inspections of existing wiring and apparatus.

A. 
In order to safeguard persons and property against the hazards and perils incident to defective electrical wiring or apparatus that may now or hereafter be in existence within East Whiteland Township, the Electrical Inspector may inspect or order inspection by approved electrical inspection agency of any premises within the Township, at a reasonable time, when requested by the proper authorities, or when the need therefor is brought to his attention, in order to determine whether the existing electrical wiring system or apparatus complies with the provisions of this chapter.
B. 
All determinations, decisions or orders with respect to existing electrical wiring made pursuant to Subsection A hereof shall be made by the Electrical Inspector in writing, and written notice thereof shall be given forthwith to the owner of the premises affected either personally or by regular mail at the owner's last known address. Such notice shall set forth the reasons for the decision, determination or order issued by the Electrical Inspector.
C. 
Whenever the Electrical Inspector or an approved electrical inspection agency determines that the existing electrical wiring or apparatus is defective and unsafe, the system or portions of the system which are defective and unsafe or affected by such defect shall be discontinued until corrections have been made and such are approved by an approved electrical inspection agency in compliance with the provisions of this chapter.[1]
[1]
Editor’s Note: Former § 83-12 through § 83-16, which sections immediately followed this section, were repealed 5-12-2004 by Ord. No. 152-2004.