[HISTORY: Adopted by the County Council of
Dorchester County 2-19-2008 by Bill No. 2008-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 65.
Heating, ventilation, air conditioning and refrigeration — See Ch. 102.
Property maintenance — See Ch. 121.
Subdivision regulations — See Ch. 140.
Violations of ordinances — See Ch. 147.
Zoning — See Ch. 155.
[1]
Editor's Note: This bill also repealed former
Ch. 82, Electrical Standards, adopted 5-11-2004 by Bill No. 2004-1.
This chapter shall be known as the "Dorchester
County Electrical Code."
The National Electrical Code, as published by
the National Fire Protection Association as the standards for electrical
work, is hereby adopted as the minimum standards for electrical work
in Dorchester County, and those standards are incorporated herein
by reference.
The County Council of Dorchester County shall
appoint a board, which board shall be known as the "Board of Electrical
Examiners of Dorchester County" (hereinafter referred to as the "Board"),
and which shall be established in accordance with the following provisions:
A.
There shall be five members of the Board, two of whom
shall be electricians currently engaged in the electrical contracting
business for at least five years prior to this appointment and one
of whom shall be a County employee. The two other Board members shall
be appointed at the discretion of the County Council of Dorchester
County. All shall be residents of Dorchester County, Maryland.
B.
Members of the Board shall be appointed by the County
Council of Dorchester County.
C.
The initial term shall be one term of one year; two
terms of two years and two terms of three years. Subsequent to the
initial terms, all terms shall be three years.
The County Council of Dorchester County may
remove any member of the Board from office upon written charges after
an opportunity to be heard by such member to be removed for misconduct,
incompetency, neglect of duty or other sufficient cause.
A.
All money received by the Board shall be paid daily
to the Director of Finance and shall be credited to the general fund
of the County.
B.
All disbursements made by the Board for expenses or
other authorized expenditures shall be paid by the Director of Finance
from receipts on vouchers signed by the President and attested by
the Secretary-Treasurer of the Board.
C.
The Secretary-Treasurer of the Board shall give a
surety bond to the County in such sum as the County Council of Dorchester
County may determine. The premium on such bond shall be regarded as
a proper and necessary expense of the Board.
D.
Members of the Board shall receive such allowance
for expenses and such compensation as the County Council shall, from
time to time, determine.
E.
The Board shall be subject to the budget and fiscal
policies of the County Council.
The Board shall hold an organizational meeting
and annually elect a Chairman and two Vice Chairman and a Secretary-Treasurer.
The Board shall adopt rules of procedure to govern meetings of the
Board and shall hold such meetings as the Chairman shall determine
necessary and proper for the Board to carry out its prescribed duties.
A.
The Board may adopt and amend all rules and regulations
not inconsistent with the Constitution, laws and ordinances of this
state and County which may be reasonably necessary for the proper
performance of its duties and the regulations of the proceedings before
it.
B.
The Board shall adopt and have an official seal.
C.
In carrying into effect the provisions of this chapter,
the Board, under the hand of its President and the seal of the Board,
may subpoena witnesses and compel their attendance and also may require
the production of papers or documents in any case involving the revocation
of registration or practicing or offering to practice without registration.
D.
Any member of the Board may administer oaths or affirmations
to witnesses appearing before the Board.
E.
If any person refuses to obey a subpoena so issued
or refuses to testify or produce any books, papers or documents, the
Board may present its petition to the Circuit Court for Dorchester
County setting forth the facts. Thereupon the Court shall, in a proper
case, issue its subpoena to such person requiring his attendance before
such Court and there to testify or produce such papers and documents
as may be deemed necessary and pertinent by the Board. Any person
failing or refusing to obey the subpoena or order of the Court may
be proceeded against in the same manner as for refusal to obey any
other subpoena or order of the Circuit Court.
[Amended 6-21-2022 by Bill No. 2022-5]
A.
The Board shall keep a record of its proceedings and
a register of all applications for registration, which register shall
show as a minimum, but not be limited to:
(1)
The name, age and residence of each applicant.
(2)
The date of the application.
(3)
The place of business of such applicant.
(4)
The qualifications of the applicant.
(5)
Whether the applicant was rejected.
(6)
Whether a certificate of registration was granted.
(7)
The date of the action of the Board.
(8)
Such other information as may be deemed necessary
by the Board.
B.
The records of the Board shall be prima facie evidence
to proceedings of the Board set forth therein. A transcript thereof,
duly certified by the Secretary-Treasurer of the Board, under seal,
shall be admissible in evidence with the same force and effect as
if the original were produced.
The Attorney to the County Council of Dorchester
County shall act as legal advisor of the Board, and render such legal
assistance as may be necessary in carrying out the provisions of this
chapter.
No person, firm or corporation shall install, repair, maintain or erect any kind of electrical wiring, conduits, motors, fixtures, signs, electrically operated or controlled heating equipment, air conditioner, elevators, or any other electrically operated apparatus or device in or about any premises in Dorchester County, Maryland, without having first obtained a certificate of registration as required by these regulations, except those specifically exempted under § 82-11.
The following exemptions are permissible:
A.
Electric light and power companies, railway companies,
telephone companies, telegraph companies or cable television companies,
or persons performing electrical work of any such companies, when
such work is a part of the plant or services of such company in rendering
its authorized service to the public.
B.
Employees engaged in maintenance and repair or reconstruction
as pertains to daily production or operations of electrical equipment
in the factory or on the farm premises of their employer.
C.
Any person doing electrical work in a single-family dwelling used exclusively for living purposes, or related outbuildings and garages, provided that person is a bona fide owner and occupant of such dwelling for a period of six months immediately following completion and said owner and occupant purchases all materials and personally performs all labor in connection therewith, except that such personal work is not relieved of the permits as required by § 82-23.
D.
Employees of those registered as master electrician,
electrician general or electrician limited when engaged in the performance
of their duties under the supervision of their employer.
E.
Bona fide members of the active volunteer fire companies,
the ambulance companies and/or rescue squads in Dorchester County
while engaged in maintenance, repair, construction or reconstruction
of electrical equipment relating to daily operations of the fire companies.
F.
Construction, reconstruction, maintenance, or repair
of any state or federal installations.
G.
Insertion (plug-in) of devices or appliances which
are designed for such insertion and the insertion devices are installed.
[Amended 9-8-2009 by Ord. No. 2009-9; 6-21-2022 by Bill No. 2022-5]
Applications for registration may be obtained
from the Board. An applicant must state that he is applying for one
of the following registrations:
C.
"Master electrician" means an individual who has the
experience, knowledge, and skill to provide electrical services in
all aspects of the electrical trade, in a manner that complies with
applicable plans, specifications, codes, or law, and who is a licensed
master electrician by the State Board.
[Amended 6-21-2022 by Bill No. 2022-5[1]]
A.
ELECTRICIAN GENERAL
QUALIFIED ELECTRICIAN GENERAL
Definitions. In this section, the following words
have the meanings indicated:
Any person engaged only in house wiring limited to a dwelling
containing no more than four family units, and commercial wiring limited
to circuits of not more than 60 amperes, three-phase in an existing
commercial structure.
Any person that has held a valid and active electrician general
local registration as of May 1, 2022.
B.
Establishment of the electrician general class of
electrician. Acting under Title 6, Subtitle 1, § 6-103(b),
of the Business Occupations and Professions Article of the Annotated
Code of Maryland, the electrician general class of electrician is
hereby established.
C.
Scope. In order to perform electrical work within the electrician
general classification, as defined in this section, a person must
be a qualified electrician general as defined in this section.
D.
Grandfathering.
All qualified electrician general individuals are grandfathered and
granted an electrician general license.
F.
Expiration.
All electrician general licenses shall expire on June 30, 2023, and
shall have no future force or effect.
[1]
Editor's Note: This bill also provided for retroactive application
of this section to 6-30-2022 and an expiration date of 6-30-2023.
[Amended 6-21-2022 by Bill No. 2022-5]
Any applicant that applies for registration
under this chapter that has been licensed by the State Board as an
apprentice electrician or as a journeyperson electrician or as a master
electrician is qualified for registration as in such grade under this
chapter.
Electrical inspection agencies shall be approved
and licensed by the Board to perform inspections in Dorchester County.
Inspectors shall hold an approved state license and be registered
with the Dorchester County Board before performing any inspections
in the County.
[Amended 6-21-2022 by Bill No. 2022-5]
A.
The County Council of Dorchester County shall establish
a schedule of fees for all registrations or permits required by this
chapter. Fees for registrations and permits under this chapter may
be altered or amended from time to time without a public hearing only
by the County Council of Dorchester County upon the recommendations
of the Board of Electrical Examiners.
B.
Renewal of registrations may be effected at any time
during the month of June by payment of the annual fee, which shall
be equal to the original cost for such class of certification of registration.
The failure on the part of any registrant to renew his certificate
annually in the month of June, as required by this section, shall
not deprive such person of the right of renewal, but the fee to by
paid for the renewal of a certificate after the month of June shall
be increased $2 for each day or fraction of a day that payment of
the renewal fee is delayed, up to 90 days, at which time the registration
will be canceled at the discretion of the Board.
[Amended 6-21-2022 by Bill No. 2022-5]
A.
Scope. The provisions of this section do not apply
to a registrant on inactive status.
B.
Insurance required. All persons holding an active
certificate of registration in Dorchester County under the provisions
of this chapter shall:
C.
Renewal. Each applicant requesting renewal of a certificate
of registration in Dorchester County pursuant to the requirements
of this chapter shall submit proof of the required insurance with
their application for renewal. Unless the applicant meets the insurance
requirements of this section, the Board shall not renew the certificate
of registration.
D.
Notice of cancellation. If the insurance required
under this section is canceled, the insured shall notify the Board
within 10 days after the date of cancellation and, at the discretion
of the Board, the electrician' s certificate of registration shall
be revoked.
[Amended 6-21-2022 by Bill No. 2022-5]
A.
The Board may revoke or suspend the certificate of
registration of any registrant who is found guilty of:
(1)
The practice of any fraud or deceit in obtaining a
certificate of registration.
(2)
Any gross negligence, incompetency or misconduct in
supply material or performing services as an electrical contractor.
(3)
Permitting or causing defective electrical work, if
done deliberately or if not corrected within 15 days, or longer if
necessary at the discretion of the Board, following notice thereof
by the Board.
B.
Any person may prefer charges of fraud, deceit, gross
negligence or misconduct against any registrant. Such charges shall
be in writing and shall be sworn to by the person making them and
shall be filed with the Secretary-Treasurer of the Board.
C.
All charges, unless dismissed by the Board as unfounded
or trivial, shall be heard by the Board within three months after
the date on which they shall have been filed with the Board.
D.
The time and place for the hearing shall be fixed
by the Board, and a copy of the charges, together with a notice of
the time and place of hearing, shall be personally served or mailed
to the last known address of the registrant at least 30 days before
the date fixed for the hearing. At any hearing, the accused registrant
shall have the right to appear personally and by counsel, to cross-examine
witnesses appearing against him and to produce evidence and witnesses
in his own defense. If, after such hearing, three or more members
of the Board vote in favor of finding the accused guilty, the Board
may suspend or revoke the certificate of registration of such registrant.
E.
The certificate of registration of any registrant
under this chapter shall be revoked or suspended should the State
Board revoke or suspend the state license of any master electrician,
journeyperson electrician or apprentice electrician and, if in case
of a suspension by the State Board, all of the terms and conditions
of the State Board suspension shall be fully complied with and satisfied
before the certificate of registration issued under this chapter is
reinstated.
F.
The certificate of registration of any registrant shall be revoked
should the registrant fail to comply with the insurance provisions
of this chapter.
G.
The certificate
of registration of any registrant shall be revoked should the registrant
fail to pay to Dorchester County any fees or sums due under this chapter
after 15 days' prior written notice to the registrant by the Board.
[Amended 6-21-2022 by Bill No. 2022-5]
The Board shall, upon application therefor and
the payment of the regular fee and without examination, issue a certificate
of registration to:
A.
Any apprentice
electrician, journeyperson electrician, master electrician or to any
individual that has been licensed as such by the State Board; and
B.
Any individual
that holds a reciprocal license issued by the State Board under § 6-502
or § 6-503 of the Business Occupations and Professions Article
of the Annotated Code of Maryland.
C.
Any individual
that qualifies for a reciprocal registration between local jurisdictions
under § 6-504 of the Business Occupations and Professions
Article of the Annotated Code of Maryland.
All persons receiving a certificate of registration
shall plainly display on the vehicle(s) used in the performance of
their work the registration number assigned to them.
The Code Official is that person designated
by the County Council of Dorchester County, Maryland and charged with
the administration and enforcement of permitting provisions of this
chapter.
A.
Creation of the position. There is hereby established
the position of Code Official. The County Council of Dorchester County,
Maryland (the County Council) shall appoint a Code Official to administer
and enforce the permitting provisions of this chapter.
B.
Administration and enforcement.
(1)
The permitting provisions of this chapter shall be
administered and enforced by the Code Official. The Code Official
may be provided with the assistance of such other persons as the County
Council may direct, and he may delegate, upon the approval of the
County Manager, such duties and responsibilities in connection with
the administration and enforcement of this chapter as are appropriate,
in his judgment.
(2)
The Code Official shall have the authority to issue
permits under this chapter. The Code Official shall have the authority
to revoke any permit issued under this chapter for cause.
A.
Any person permitted to install new electrical work
must first secure a County permit to do so from the Code Official.
The fee for the permit shall be determined by the County Council.
B.
The recognized inspection authorities shall be those
designated by the Board of Electrical Examiners.
C.
The County permit shall be followed by the filing
of an application for electrical inspection with the inspection authority
as that authority requires in accordance with its rules and regulations.
D.
An applicant signing inspection applications will
in effect certify that electrical installation has been done by him
or by employees under his supervision. Applications for electrical
inspection will contain a complete listing of wiring and equipment
for which inspection is required.
E.
A minor electrical installation is the installation
of one single-phase, fifteen-ampere (or less) electrical power-consuming
outlet and is exempt from the permit and inspection requirements.
F.
Inspection shall be by recognized inspectors in accordance with § 82-15. The electrical inspectors shall make all inspections within two workdays of the receipt of the application for inspection.
G.
Electrical fences. An electrical permit is required
for all electric fence installation and must be issued by the Board
of Electrical Examiners of Dorchester County prior to the installation
of electric fences. Installation of electrical fences must be inspected
by a recognized electrical inspection agency approved by the County.
Electric fences shall be UL (Underwriter Laboratories) labeled. Warning
signs shall be posted by the property owner where the public has access
to the property where an electrical fence has been installed.
Where there is an easement appurtenant to land
and property, valid on its face, the use of the easement by the dominant
owner shall not be subject to the consent of the servient owner in
any permitting process under this chapter.
A.
Board of Building Appeals. The Board of Building Appeals, constituted under Chapter 65 entitled "Building Code," § 65-4F and G, of the Dorchester County Code is hereby granted the authority to hear and to decide appeals from decisions of the Board of Electrical Examiners and from decisions of the Code Official under this chapter.
B.
Appeals.
(1)
Any person allegedly aggrieved by any decision of
the Board of Electrical Examiners or any decision of the Code Official
in the administration or enforcement of this chapter may file an appeal
with the Board of Building Appeals.
(2)
This shall be the exclusive procedure to file an appeal
from a decision of the Board of Electrical Examiners or from a decision
of the Code Official.
A.
Time limit for appeal. Any person allegedly aggrieved
by any decision of the Board of Building Appeals may appeal the same
to the Circuit Court of Dorchester County within 30 days of the notification
of the decision.
B.
Stays. The filing of an appeal does not stay an order
or action of the Board of Building Appeals. Upon motion and after
hearing the Court may grant a stay, unless prohibited by law, upon
conditions as to bond or otherwise that the Court considers proper.
C.
Cost of transcript. The appellant shall be responsible
for paying the expense of transcription.
D.
Liability of Board of Building Appeals for costs.
Costs shall not be allowed against the Board of Building Appeals unless
it shall appear to the Circuit Court that the Board of Building Appeals
acted with gross negligence or in bad faith or with malice in making
the decision appealed from.
Any person who violates any part of this chapter shall be guilty of a civil infraction under the authority of Chapter 147 of the Dorchester County Code. The maximum civil penalty for each violation of this chapter shall be $1,000. Each new day may constitute a separate violation. An occurrence may contain more than one offense.
