The Borough of Silverdale hereby adopts by reference
as its Electrical Code the National Electrical Code/1987, as published
by the National Fire Protection Association, which is hereinafter
referred to as "the code," or "this code." A copy of that code has
been placed on file with the Borough Secretary and will remain on
file there. The entire Electrical Code is adopted and incorporated
by reference as fully as if set out verbatim in this article; and
from the date when this article takes effect, the provisions of that
Electrical Code shall be controlling within the limits of the Borough
of Silverdale.
The office of Electrical Inspector is established,
and the person in charge shall be designated the Electrical Inspector.
The Electrical Inspector shall be appointed by the Borough Council
in the same manner as the appointment of other appointed Borough officers
or employees. During the temporary absence or disability of the Electrical
Inspector, the Council shall designate an Acting Electrical Inspector.
In the discharge of his duties, the Electrical
Inspector or an authorized representative shall, upon showing proper
identification, have the authority to enter, at any reasonable hour,
any building, structure or premises in the Borough to enforce the
provisions of the code.
The Electrical Inspector shall serve a notice
of violation or order on the person responsible for the installation
of electrical work in violation of any provision of the code, or in
violation of a detailed statement or a plan approved under the code,
or in violation of a permit or certificate issued under the provisions
of the code. The notice of violation or order shall direct the discontinuance
of the illegal action or condition and the abatement of the violation
and shall allow a reasonable time for the initiation and correction
of the remedial actions required, except where emergency conditions
exist which require immediate corrective action.
Any person who violates any provision of the
code or who fails to comply with any of the requirements of the code
or who installs electrical work in violation of an approved plan or
directive of the Electrical Inspector or a permit or certificate issued
under the provisions of the code shall be guilty of a summary offense
and, for every offense, upon conviction, shall be sentenced to pay
a fine of not less than $50 and not more than $1,000, and costs of
prosecution, and, in default of payment of fine and costs, to undergo
imprisonment for not more than 30 days. The imposition of one penalty
for any such violation shall not excuse the violation or permit it
to continue, and all such persons shall be required to correct or
remedy such violations or defects within a reasonable time. Each day
that prohibited conditions are maintained shall constitute a separate
offense under this section.
The legal use and occupancy of any structure
existing before the effective date of this article, or which had been
approved before that effective date, may be continued without change
except as may be specifically covered in the code or deemed necessary
by the Electrical Inspector for the general safety and welfare of
the occupants and the public.
In interpreting any of the provisions of the
code hereby adopted, the following provisions shall be governing:
A. The said code shall not supersede any provision of
any law of the Commonwealth of Pennsylvania or any regulation promulgated
by any department or agency of the Commonwealth by authority of law
where such law or regulation is in conflict with or identical to a
provision of the said code; provided, however, that any provision
of the said code that is stricter than or in addition to any state
law or regulation governing a particular subject or activity shall
be in effect and shall be enforced within the Borough of Silverdale,
subject to the penalties prescribed in the code.
B. Mention in or regulation by the code hereby adopted of any specific use of property, or of any business or industry, shall not in itself authorize such use of property or the establishment or carrying on of any such business or industry in the Borough. It is hereby declared that the intent of the Borough Council is that permitted and prohibited uses of property in the Borough shall be as governed by Chapter
340, Zoning, its amendments and supplements.
Nothing in this article or in the Electrical
Code adopted by this article shall be construed to affect any suit
or proceeding pending in any court or any rights acquired or liability
incurred or any cause or causes of action accrued or existing under
any prior ordinance wholly or partially repealed or superseded by
this article, nor shall any legal right or remedy of any character
be lost, impaired or affected by this article.