[Adopted 12-3-1991 by Ord. No. 13-1991]
For the purposes of this article, the following terms or words used herein, unless otherwise expressly stated, shall have the meanings hereinafter set forth. Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; and the singular number includes the plural, and the plural includes the singular.
APPLICANT
The person, firm, corporation, association, trust, partnership, consumer or consumer's agent or other entity who or which applies for a permit to install any electrical wiring, equipment and apparatus regulated by this article.
[Amended 12-26-1995 by Ord. No. 12-1995]
BOROUGH
The Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH CODE ENFORCEMENT OFFICER
The person so designated by Borough Council or his representative so designated either by Borough Council or by the Borough Manager.
BOROUGH COUNCIL
The Council of the Borough of Kutztown.
BOROUGH ELECTRIC DEPARTMENT
The Electric Department of the Borough.
BOROUGH MANAGER
The corporate official appointed by the Borough Council as the Borough Manager or such official's properly designated representative.[1]
[Amended 12-26-1995 by Ord. No. 12-1995]
CONNECTED LOAD
The combined rated capacity of all the consumer's lights, motors or other energy-consuming devices.
CONSUMER
The corporation, association, partnership, trust, individual or other entity being served by or using electric service supplied by the Borough.
[Amended 12-26-1995 by Ord. No. 12-1995]
CONSUMER'S INSTALLATION
All wire, cutouts, switches, appliances and apparatus of every kind and nature used in connection with or forming a part of an installation for utilizing electric energy for any purpose ordinarily located on the consumer's side at the point of delivery and including the service leads, whether such installation is owned outright by the consumer or used by the consumer under lease or otherwise.
ELECTRICAL WIRING, EQUIPMENT AND APPARATUS
All supplies of every kind and nature, including electrical wiring, electrical apparatus, electrical fixtures and all other electrical supplies used as part of any installation for the conduction, use or consumption of electrical energy in any form or for any purpose; provided, however, that said terms shall not apply to domestic appliances, built-in standardized sizes and types, which are installed or connected as a unit by inserting a plug into a wall or other similar electrical outlet.
ELECTRICIAN
Any person, partnership, corporation, trust or other entity who or which, within the Borough, engages in or carries on the business of installing, erecting, altering, extending, maintaining or repairing electrical wiring, apparatus, fixtures, devices, appliances or equipment for the utilization of electricity for light, heat or power.
[Amended 12-26-1995 by Ord. No. 12-1995]
INSTALLER
Any person, firm, partnership, corporation, trust or other entity engaged in the business of installing or repairing dishwashers, water softeners, garbage disposals, ice machines, refrigeration machinery, water heaters and other similar types of appliances.
[Amended 12-26-1995 by Ord. No. 12-1995]
MASTER ELECTRICIAN
An electrician who is permitted to engage in electrical work in any type of building use group.
[Added 6-24-2003 by Ord. No. 5-2003]
POINT OF DELIVERY
The point where the wires or apparatus of the Borough are connected to the service leads of the consumer.
RESIDENTIAL ELECTRICIAN
An electrician who may only engage in electrical work in one- or two-family dwellings and accessory buildings or uses thereto.
[Added 6-24-2003 by Ord. No. 5-2003]
SERVICE
The furnishing of service or delivery of energy referred to in this article, and in contracts with consumers shall be construed to mean readiness and ability on the part of the Borough to maintain at the point of delivery the approximate frequency, phase and voltage sufficient to supply the maximum demand that at any single time the Borough is obligated to supply, whether or not the consumer makes any use thereof.
UNIT(S)
Any individual residential dwellings, residential dwelling units, commercial occupancies or industrial occupancies.
[1]
Editor's Note: Original Subsection (g), Borough Superintendent, which immediately followed this definition, was deleted 12-26-1995 by Ord. No. 12-1995.
[Amended 12-26-1995 by Ord. No. 12-1995; 3-11-1997 by Ord. No. 5-1997; 8-24-1999 by Ord. No. 11-1999; 3-12-2002 by Ord. No. 2-2002]
In order to safeguard the public and the property of the public and to ensure the health, safety and welfare of the inhabitants of the Borough, the National Electrical Code 2002, published by the National Fire Protection Association, is incorporated herein by reference thereto, as hilly as if set out at length herein, and, as modified by the provisions of this article, is adopted as the Electrical Code of the Borough. In addition, whenever the National Electrical Code 2002 makes reference to the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc., the applicable provisions of the National Electrical Safety Code 2002 Edition are hereby incorporated herein by reference thereto, as fully as if set out at length herein, as a part of the Electrical Code of the Borough. Copies of the National Electrical Code 2002 and the National Electrical Safety Code 2002 Edition shall be kept on file in the Code Office of the Borough. In the event that any provision of this article is in conflict with the National Electrical Code 2002, the most restrictive requirement shall apply so as to meet the objectives of this article.
The provisions of this article shall not apply to any public utility under the jurisdiction of the Pennsylvania Public Utility Commission; nor to any utility owned by a municipality; nor to the employees of such utility under the jurisdiction of the Pennsylvania Public Utility Commission or utility owned by any municipality in the course of their employment with said utility; nor to the servicing of appliances by distributor servicing agencies at the direction of any aforesaid utility. The provisions of this article shall apply to all other private enterprises.
[Amended 12-26-1995 by Ord. No. 12-1995; 1-5-1998 by Ord. No. 1-1998; 7-13-1999 by Ord. No. 9-1999; 6-24-2003 by Ord. No. 5-2003]
A. 
Electrical wiring, equipment and apparatus may be installed, altered or extended only under the supervision of a master or residential electrician who is registered with the Borough; provided, however, that the owner and occupier of a single-family residence may perform such electrical work in his own residence as long as he shall first obtain a permit for such electrical work prior to the performance thereof, and, upon its completion, said electrical work shall be inspected as hereinafter required by § 107-34 of this article.
B. 
Application for a master or residential electrician's license to perform electrical work within the Borough can be accomplished by either of the following methods:
(1) 
If the applicant holds a valid master or residential electrician's license issued by any city of the third class or larger in the Commonwealth of Pennsylvania, such applicant may present said license, together with a fee as set from time to time by resolution of the Borough Council,[1] and a certificate of insurance as required by § 107-5 of this article to the Code Enforcement Office of the Borough, which shall issue a master or residential electrician's license to such applicant permitting such applicant to perform electrical work within the Borough; provided, however, that said license must be annually renewed during the month of January of each year.
[1]
Editor's Note: See Ch. A231, Fees.
(2) 
Any applicant who does not hold a valid master or residential electrician's license issued as set forth in § 107-4B(1) shall apply to the International Code Council, Contractor Examination Services for an examination and, upon successful completion of said examination and proof of a minimum of three years' experience in the class of license applied for or at least two years of technical training and one year of experience in the class of license applied for and upon payment of the required license fee and the posting of a certificate of insurance as required by § 107-5, shall be issued a license.
(3) 
If an applicant was previously licensed as a master or residential electrician in the Borough but has let said license expire, he shall be reinstated by applying for a license if the applicant does not meet the qualifications of Subsection B(1) of this section but the applicant is actively employed as an electrician by a licensed master or residential electrician who shall, by letter, certify employment and experience.
C. 
Any person not a master or residential electrician who assists a master or residential electrician in the performance of any electrical work (other than a person performing any electrical work in his own residence if he is the owner thereof, as hereinabove permitted) shall be the holder of a journeyman electrician's license. Any applicant who does not hold a valid journeyman electrician's license issued by a city of the third class or larger in the Commonwealth of Pennsylvania shall apply to the International Code Council, Contractor Examination Services for an examination and, upon successful completion of said examination and upon proof of three years of experience or two years of technical training, shall be issued a license upon payment of the required fee.[2]
[2]
Editor's Note: See Ch. A231, Fees.
D. 
Notwithstanding the provisions of Subsection A above, a person, firm, company, partnership, corporation or other entity engaged in the selling of electrical appliances who or which has as a part of its operation a department engaged in the repair of those appliances may install such appliances within the Borough, provided that a permit for any necessary electrical work is first obtained prior the performance thereof, and, upon its completion, said work shall be inspected as hereinafter required by § 107-34 of this article.
E. 
The Code Enforcement Officer may revoke any license if it is subsequently determined that said license was obtained through nondisclosure, misstatement or misrepresentation of a fact or in the event that the holder thereof is deemed to be in violation of any provision of this Code and a penalty as provided for in this Code has been imposed upon the holder thereof; provided, however, that before any license may be revoked, the licensee shall receive a notice, in writing, enumerating the charges against him, and said licensee shall be entitled to a hearing before the Code Appeals Board in the matter provided for appeals in Chapter 12 of the Code of the Borough of Kutztown.
[Amended 12-26-1995 by Ord. No. 12-1995]
An applicant for any electrician's or installer's license shall be required to file concurrently with the application and fee one or more certificates of insurance evidencing one or more policies of insurance covering commercial general liability by the licensing applicant in the performance of services as an electrician in the minimum amount of $300.000 per occurrence with an aggregate limit of $300.000. Such policy or policies shall provide that the Borough of Kutztown, Berks County, Pennsylvania, be given at least 30 days prior written notice before the cancellation of such insurance coverage. Successive certificates shall be filed in order to evidence continuing coverage. Upon cancellation of any such policy or policies of insurance, the license issued by the Borough hereunder to the licensing applicant whose insurance has been canceled shall be deemed null and void. In no such event shall the Borough, its elected and/or appointed officers, officials, employees and/or agents be responsible for investigating cancellations, affirmatively revoking any license upon such cancellation or notifying a third person of such cancellation and/or revocation.
A. 
Prior to the commencement of any electrical work within the limits of the Borough or upon any property served by the Borough Electric Department permitted under this article, a registered master electrician shall apply to the Borough, by submitting the required application and, if required, a plan, for a permit to install any electrical wiring, equipment and apparatus in any structure or building, whether existing or new construction; provided, however, that in the case of an owner-occupied one-family dwelling, the owner may obtain said permit to do said electrical work.
B. 
A permit is not required for the replacement in kind or repair of individual breakers, switches, receptacles and like components of the consumer's installation; provided, however, that components of the consumer's entrance service are not exempt from permit requirements.
C. 
A permit fee as from time to time determined by resolution of Borough Council shall accompany each application.[1]
[1]
Editor's Note: See Ch. A231, Fees.
A. 
Contract for service. The Borough reserves the right to require the consumer to sign a written contract setting forth the conditions under which service is to be supplied. Receipt of electric service shall constitute the receiver a consumer of the Borough subject to its rules and regulations, whether service is based upon contract, agreement, accepted signed application or otherwise.
B. 
Right to reject application. The Borough reserves the right to reject, for any valid reason, any application. The Borough may require contracts for a suitable period of time and reasonable guaranties when unusual construction or equipment expense is necessary to furnish the service.
C. 
Right-of-way and access to property. Borough representatives, who are properly identified, shall have full and free access to consumers' premises at all reasonable times for the purpose of reading meters, for inspection and repairs, for removal of Borough property or for any other purpose incident to the service. The consumer should immediately contact the Borough in case of any question as to the authority or credentials of Borough representatives. The consumer shall provide without charge a right-of-way acceptable to the Borough for such lines across property owned or controlled by the consumer as in the judgment of the Borough are necessary to furnish the service. When the premises of the consumer is so located that right-of-way across the property of another is required for the supply of service, the consumer shall reimburse the Borough for any and all costs incurred by the Borough for such a right-of-way. The Borough shall have the right to request the consumer to deposit with the Borough the estimated costs to be incurred before undertaking to acquire the right-of-way.
D. 
Establishments of rates; point of delivery. Borough Council shall from time to time, by separate resolution, establish the rate or rates for the service of electric energy. Such rate or rates shall be based upon the supply of service to one entire premises through a single delivery point. The use of service at two or more separate properties will not be combined for billing purposes.
E. 
Short-term contracts. Service may be supplied under the rate applicable for the character of service required for periods less than the standard contract period, subject to guaranteed revenue. In the case of seasonal consumers, the Borough may require such consumers to pay 12 months' guaranty in advance, said advance to apply on bills rendered during such seasonal or short-term contracts.
F. 
Service for construction or emergency. The Borough will supply service for construction or emergency purposes only when the Borough has available unsold capacity and supplying equipment, subject to a charge collected in advance to cover the cost of the supply and discontinuance of such service.
G. 
Prior debts. Service will not be furnished to a former consumer until any indebtedness of said former consumer to the Borough for previous service has been satisfied.
H. 
Unauthorized use of service. Unauthorized connection to the Borough's supply facilities may be terminated by the Borough without notice. Use of service without notifying the Borough or enabling it to read its meter will render the user liable for any amount due for service supplied to the premises from the time of the last reading of the meter as shown on the records of the Borough.
A. 
Deposits. A cash deposit may be required from any consumer to insure payment of any bill in compliance with this article and all other applicable rules and regulations.[1] A consumer whose credit standing has become impaired through failure to pay his or her electric bills may be required to furnish an additional deposit.
[1]
Editor’s Note: Resolution No. 19-2004, adopted 7-20-2004, provided that the Borough Council of the Borough of Kutztown, pursuant to the authority contained in Ch. 107 of the Code of the Borough of Kutztown, adopts a policy requiring the collection of cash security deposits from tenants in accordance with §A231-1 of the Code of the Borough of Kutztown.
B. 
Amount of deposits. Deposits required from consumers taking service for a period of less than 30 days shall equal the estimated gross bill for such temporary period. Deposits required from all other consumers shall be in accordance with the schedule of charges which shall be determined from time to time by resolution of Borough Council.[2] In the event that any consumer is delinquent in the payment of his or her electric bill, as hereinafter provided in Subsection E of this section, more than one time within any six-month period, then, upon notice from the Borough Secretary to the consumer, the consumer shall be required to post an additional deposit in the amount as established by the Borough Manager or his designee within 10 days from the receipt of such notice, and in the event that the consumer shall fail to post such additional deposit, the Borough shall discontinue the service of electricity to the consumer, unless other arrangements are made between the consumer and the Borough Manager or his designee.
[Amended 7-18-2006 by Ord. No. 13-2006]
[2]
Editor's Note: See Ch. A231, Fees.
C. 
Interest on deposits. No interest shall be payable by the Borough on any deposits.
[Amended 8-25-1992 by Ord. No. 9-1992[3]]
[3]
Editor's Note: Section 2 of this ordinance also provided as follows: "Interest now accruing and paid on deposits shall cease to accrue and effective September 1, 1992, and thereafter, no interest shall be paid on deposits except such interest that shall have accrued prior to September 1, 1992."
D. 
Refund of deposits. Upon discontinuance of service, the Borough may apply any deposit then in its possession toward the final settlement of the consumer’s account, and any remaining balance thereof greater than $1 will be refunded to the consumer. If a consumer’s balance is less than or equal to $1, the balance will not be returned to the consumer and will be deposited to the Electric Fund of the Borough of Kutztown.
[Amended 7-20-2004 by Ord. No. 18-2004; 7-18-2006 by Ord. No. 13-2006]
E. 
Payment of bills. Payment of an electric bill shall be due on or before the 20th day of the month succeeding the last date for service on the bill.
A. 
Character of service. The phase, voltage, size and type of all motors installed by consumers shall be subject to the approval of the Borough. Consumers shall, as provided for and regulated by this article, install motor-starting devices, automatic circuit breakers, switches, fuses or overload devices of a type approved by the Borough and shall adjust, renew or replace the same from time to time or on request of the Borough. The Borough Manager may issue regulations concerning the method of starting motors, in order to keep excess current required for such starting as low as practicable, without in any way rendering the Borough responsible for control or operation of any such equipment. The voltages and phases of motors which may be part of the consumer's installation to which the Borough supplies service shall conform, as applicable, to the following requirements:
(1) 
Motor rated 1/2 horsepower or less. A motor rated 1/2 horsepower or less shall be a single-phase motor and shall be rated for connection to one-hundred-twenty-volt or two-hundred-forty-volt single-phase circuits.
(2) 
Motor rated larger than 1/2 horsepower but not exceeding five horsepower. A motor rated larger than 1/2 horsepower but not exceeding five horsepower shall be single-phase and shall be a motor rated for connection to two-hundred-forty-volt single-phase circuits. A motor rated larger than 1/2 horsepower but not exceeding five horsepower shall not be rated for connection to one-hundred-twenty-volt single-phase circuits.
(3) 
Motor rated in excess of five horsepower or a group of motors having a combined horsepower rating in excess of five horsepower shall be connected only for three-phase operation and only where the Borough supplies polyphase service to the consumer's installation.
(4) 
Motors frequently started or motors arranged for automatic control shall be of the type to give maximum starting torque with minimum current and shall be equipped with controlling devices approved by the Borough. At the consumer's expense, the consumer shall, as provided for and regulated by this article, install a reverse-phase relay of approved type on every alternating-current motor used for passenger or freight elevators, hoists, pumps or cranes.
(5) 
Notwithstanding the aforesaid requirements set forth above in Subsection A(1), (2) and (3), the Borough Manager may authorize a connection of a motor or a group of motors to a voltage or a phase other than in accordance with the aforesaid requirements where, in the opinion of the Borough Manager, the required type of connection would impose a hardship upon the consumer and the proposed connection not in conformance with the aforesaid requirements would not interfere with the Borough's electric distribution system or with the rendering of electric service to any other consumer of the Borough.
B. 
Fluorescent and neon lights. Consumers shall, as provided for and regulated by this article, install in connection with any fluorescent or neon lighting, or other lighting or display facilities having similar load characteristics, auxiliary equipment designed to correct the power factor of such installations to not less than eight-five percent (85%).
C. 
Capacity limitation. The Borough will not supply single-phase service to any consumer's installation where the connected load exceeds 100 kilovolt-amperes. In instances where the connected load exceeds 100 kilovolt-amperes, the consumer shall, as provided for and regulated by this article, arrange or rearrange the consumer's installation to accept polyphase service which will be supplied by the Borough.
D. 
Single-phase source derived from polyphase service. Only transformers with separate primary and secondary windings shall be utilized where the consumer's installation is arranged to derive single-phase power from the polyphase service supplied by the Borough. Auto transformers, balance coils or means other than a transformer with separate primary and secondary windings shall not be utilized for such purpose.
E. 
Insulation requirements. The following insulation requirements shall apply to every new building, every addition to an existing building, every building hereafter converted to electric space heating and any mobile home hereafter placed within the Borough, as follows:
(1) 
The following minimum insulation levels shall apply to every residential building (as that term is defined in the Borough's Building Code[1] as from time to time in effect) constructed within the Borough:
(a) 
The minimum thermal resistance (R) values through building sanctions shall be:
[1] 
Ceilings adjacent to unheated areas: R=30.
[2] 
Exterior walls and partition walls between heated and unheated areas: R=17.
[3] 
Foundation walls (applicable to all heated basements and unheated areas): R=13.
[4] 
Partition walls between apartments and other heated areas: R=11.
[5] 
Floors over areas open to the outside and crawl spaces if foundation walls are not insulated in accordance with Subsection E(1)(a)[3] above: R=30.
[6] 
Floors over unheated basements: R=13.
[7] 
Floors of residences over other occupancies: R=19.
[8] 
Windows: double-glazed or single-glazed plus storm windows.
[9] 
Entrance doors: R=4.
[10] 
Supply ducts in unheated areas: R=6.
[11] 
Return ducts in unheated areas: R=3.
(b) 
The thermal resistance values through the insulation material for edge insulation for cement slabs shall be R=8.
(c) 
Vapor barriers, weather stripping and sill sealer shall be used where applicable.
(d) 
Adequate ventilation shall be provided for all air spaces between insulated ceilings and roofs.
[1]
Editor's Note: See Ch. 77, Building Construction.
(2) 
The insulation installed in other buildings hereafter constructed within the Borough shall conform to the Borough's Building Code[2] as from time to time in effect.
[2]
Editor's Note: See Ch. 77, Building Construction.
(3) 
The insulation in all existing residential buildings within the Borough hereafter converted to electric space heating shall conform to at least the minimum requirements for new residential buildings hereinabove set forth in Subsection E(1)(a)[1], [5], [6], [7], [8], [9], [10] and [11].
(4) 
The insulation installed in all additions to existing buildings within the Borough shall conform to those minimum insulation requirements set forth above applicable to the type of building to which the addition is attached or made a part.
(5) 
Every mobile home hereafter brought into the Borough and every mobile home presently existing in the Borough hereafter converted to electric heating shall conform to the United States Department of Housing and Urban Development safety standards and construction and insulation regulations in effect at the time the mobile home is brought into the Borough or converted to electric heat.
(6) 
For the purposes of this section, thermal resistance (R) shall be deemed to be a measure of the ability of a material to retard the flow of heat. It is the reciprocal of thermal conductance. Thermal conductance shall be deemed to be the time rate of heat flow expressed as British thermal units (Btu) per hour -- square foot -- Fahrenheit degree average temperature difference between two surfaces.
(7) 
The requirements and provisions of the within section shall apply to every new building and every addition to an existing building hereafter constructed within the Borough, to every existing building within the Borough hereafter converted to electric heat and to every mobile home hereafter brought into the Borough or converted to electric heat which has a positive heat supply designed to maintain air temperature of at least 50°F. (10° C.) or higher.
F. 
A safety disconnect switch shall be provided at the entry to all spaces housing a solid or liquid fuel furnace or boiler. In the case of furnace or boiler rooms, the switch shall be located on the exterior wall of said room; in dwelling units, the switch shall be located inside the entry to the area containing the furnace or boiler.
G. 
In all panelboards, each and every means of disconnect and overload protection shall be clearly marked, indicating the circuit controlled and protected by such device. The required marking shall indicate room(s) and whether receptacles and/or lighting circuits are controlled and protected, plus any designated circuits.
H. 
Overcurrent protection shall consist of either S-type fuses, circuit breakers or noninterchangeable cartridge fuses.
I. 
Each unit shall be metered separately. In addition, a separate meter shall be supplied for consumption which is independent but common to the units. The additional meter shall be required whether or not the owner of the building occupies any of the units.
J. 
Protection of equipment against loss of voltage, undervoltage, transient or sustained overvoltage, voltage unbalance, overcurrent, phase failure, phase reversal, loss of synchronism and short circuit shall be the responsibility of the consumer.
K. 
All floor receptacles in dwellings shall be protected with ground fault circuit interrupters.
A. 
Facilities supplied by the Borough. The Borough will install at its expense on the private property of a consumer, and for the exclusive use of such consumer, the meter and the first 100 feet of overhead service wires extending from the Borough's supply wires. The Borough shall furnish, own and maintain one meter or a unified set of meters and metering equipment that have provisions for automated meter reading. A residential service customer may apply for a waiver from automated reading and have it read manually. Upon approval by the Borough, the Borough shall furnish, own and maintain an electric meter capable of being read manually. Customers choosing to have their meter read manually shall pay a one-time manual meter setup fee and a recurring monthly manual meter reading fee, such fees to be established from time to time by resolution of the Borough of Kutztown. All other wiring and equipment on private property of the consumer shall be furnished and installed by the consumer, as provided for and regulated by this article. The Borough shall not be responsible for any such wiring and/or equipment furnished and/or installed by or on behalf of the consumer.
[Amended 1-21-2020 by Ord. No. 1-2020]
B. 
Connection of service wires. The Borough Electric Department will make all service connections to the Borough's facilities.
C. 
Location. In general, single-phase meters will be located on the outside of the building. If an outdoor location is not practical, single-phase meters may be located at another location approved by the Borough Electric Department as near to the point of service entrance as possible. The inside and/or outside location selected shall be accessible at all times to both the consumer and the Borough and shall be clean, dry and free from vibration and shall comply with the requirements of Articles 500 through 517 of the National Electrical Code 1993. The location shall be clear of all heating systems, plumbing and other obstructions, and there shall be not less than three feet of clear area in front of the meter cabinet. The height of the meter from the floor or ground line shall be in accordance with the Borough policy as determined by the Borough Electric Department. If the meter is to be installed indoors, a meter board shall be constructed of three-fourths-inch clear soft pine or similar wood and painted. The board shall be securely fastened to a wall with an air space between the wall and board. Socket meter cabinets may be mounted on metal framework or directly on the wall if an air space is provided between cabinet and wall. If there is more than one meter at a location, each shall be plainly and permanently identified to indicate the circuit served and, further, shall only serve one occupancy. When either the Borough or the consumer, as provided for and regulated by this article, desires to place meters on the consumer's switchboards, the Borough will furnish plans for such installation. In the case of multimeters, whether installed indoors or outdoors, each meter shall be permanently identified as to the unit(s) served by such meter(s).
[Amended 12-26-1995 by Ord. No. 12-1995]
D. 
Means of disconnect. Service switches, circuit breakers and fuses shall be furnished by the consumer, as provided for and regulated by this article, which shall be capable to disconnect all electric to a separate occupancy for which it is indicated. Each occupancy shall have a separate and independent means of disconnect.
E. 
Grounding. All meter cabinets, troughs and instrument transformers shall be grounded with copper wire, not smaller than No. 4, except that if the supply wires are smaller than No. 4, such smaller wire size may be used for grounding. All single-phase services shall be grounded. All three-phase four-wire services shall have the neutral wire grounded. In any event all grounding shall conform to the provisions of the National Electrical Code of 1993.
F. 
The owner of any property within the Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy and/or use by human beings shall make service connection therewith for the purpose of that unit utilizing electric energy from the Borough. The Borough shall hold right to reject or waive, for any valid reason, such service connection.
[Added 3-16-2011 by Ord. No. 3-2011]
A. 
If more than one unit (not using electric heat) is supplied from a common service, each unit shall have a three-wire service entrance of not less than 100 amperes. The following list is the minimum rating of common service entrance conductors:
Units
Amperes
2 to 4
150
5 to 6
200
More than 6
unit in excess of 6
B. 
For units with electric heat, the minimum wire size shall be rated to carry at least 80% of the total connected load.
C. 
Each unit shall be metered separately. In addition, a separate meter shall be supplied for consumption which is common to the units. The additional meter shall be required whether or not the owner of the building occupies one of the units.
D. 
Each meter base and main disconnect shall be clearly and permanently marked indicating the unit served by the meter and main disconnect. In the event of existing units which do not meet the requirements of separate meters as stated above, the Borough may order compliance in the interest of public health, safety and conformity with state laws.
E. 
The before-noted requirements of the within § 107-11 shall apply to all units within the limits of the Borough, regardless of the electric utility provider.
A. 
Primary service. Architects, engineers, electrical contractors and/or consumers are requested to consult the Borough before completing plans which include the installation of primary voltage equipment or facilities. Due to the special nature of each installation, it is necessary that specific information be secured from the Borough regarding service entrance and meter requirements. (Primary voltage is any voltage in excess of secondary service voltages.)
B. 
Secondary service. The Borough hereby establishes the following as its nominal secondary voltage for supply to consumers:
Phase
Wires
Voltage
1
2
120
1
3 120/208
1
3 120/240
3
4 120/208
3
4 120/240
3
3
480
3
4 277/480
C. 
The Borough reserves the right to specify the minimum size of load which will be supplied at any of the secondary voltages in excess of 240 volts. In all cases where the consumer plans to utilize secondary voltage in excess of 240 volts, the Borough shall first be consulted as to the availability of such voltage.
D. 
At various points throughout the Borough's electric distribution system the service voltage for a particular area may be established at either a higher or a lower voltage. This information may be obtained from the Borough Electric Department upon request.
Single-phase service entrance conductors and service equipment shall have a rated capacity of not less than 100 amperes for each individual installation, except installations having only one two-wire branch circuit. For installations having only one two-wire branch circuit the capacity of the service entrance conductors shall be not less than 40 amperes (wire size not smaller than No. 8 copper or equivalent), and the capacity of the service equipment shall be not less than 30 amperes.
A. 
Three-phase service entrance installations shall be in accordance with the requirements of the Borough Electric Department. If there are any questions regarding an installation, the consumer should inquire of the Borough Electric Department.
(1) 
Conductors and service equipment shall have a rated capacity of not less than 100 amperes for each individual installation, except that where the entire load of an installation is served from one circuit, at the Borough's discretion the capacity of conductors and service equipment may be a lesser amount, but in any event not less than 30 amperes.
B. 
Additional requirements. In addition to National Electrical Code requirements, the Borough requires the following:
(1) 
Three-phase four-wire wye 120/208 volt service. The phase wires shall be plainly and permanently marked 1, 2 and 3 or color coded at service head and meter cabinet. The neutral wire shall be color coded white. The ground in the main switch must be connected to an approved ground.
(2) 
Three-phase four-wire delta two-hundred-forty-volt service and three-phase three-wire service will be approved only under special conditions. The phase wires shall be plainly and permanently marked 1, 2 and 3 or color coded. The neutral wire shall be color coded white. The ground in the main switch must be connected to an approved ground.
(3) 
If colors are used, No. 1 will be black, No. 2 will be orange and No. 3 will be red. In all cases, whether or not phase wires are colored, the neutral wire will be color coded white. The No. 2 or orange wire shall be the phase wire having the highest voltage to ground.
(4) 
When parallel services are run, each set of conductors shall be similarly marked.
The consumer shall provide a solid support bolt and bracket for attachment of the Borough's service wires not less than 15 feet above the ground line, and the consumer's entrance conduit or cable shall be extended to meet this point of attachment.
A. 
Right to remove Borough's equipment. All meters, transformers or other equipment supplied by the Borough shall remain its exclusive property. The Borough shall have the right to remove all its property from the premises of the consumer at any time after the termination of service, whatever may have been the reason for such termination.
B. 
Interference with Borough's property. Where the service metering has been disconnected or reconnected without the permission of the Borough and facilities or other equipment has been tampered with, resulting in improper measurement of the service supplied, the consumer shall be required to pay for such electric service as the Borough may estimate, from available information, to have been used but not registered by Borough's meters and, in addition thereto, shall be required to bear all costs incurred by the Borough for investigations, inspections, and repairs and for such protective equipment as, in the judgment of the Borough, may be necessary. In addition, the consumer shall be subject to a fine of not less than $50 and not to exceed $1,000 when it shall be determined that such tampering had been willfully done.
[Amended 12-26-1995 by Ord. No. 12-1995]
C. 
Reverse registration. The Borough may, by ratchet or other device, control its meter so as to prevent reverse registration.
D. 
Special metering requirements. When, in the interests of public safety, it is necessary to provide a separate service for exit lighting or other emergency purposes in theaters, hospitals, hotels, etc., all such meter readings will be combined for billing purposes.
E. 
Graphic meters. In all cases where the character of service rendered requires graphic meters, the consumer shall, when requested by the Borough, provide attendants to care and change, as required, Borough's meter charts.
A. 
Adjustment of error. The consumer shall accept as a standard of measurement the meter or meters installed by the Borough. Should the meter or meters become defective or fail to register correctly, the amount of energy used shall be determined by a test of the meter or meters, by the registration of a meter or meters replacing the defective meter or meters during the period next following or by the amount of energy used during a corresponding period of the preceding year. In the event that it is ascertained that the meter is registering at a rate of 1% or more faster than normal, then the consumer shall receive a credit adjustment based upon the consumer's (or his predecessor's) kilowatt-hour consumption during the two-year period preceding the testing of the meter.
B. 
Meter tests. The Borough, at its own expense, will make periodic tests and inspections of its meters in order to maintain them at a high standard of accuracy, but the Borough reserves the right to make a charge, at a rate as from time to time shall be determined by Borough Council,[1] for any additional tests or inspections made at the request of the consumer, provided that such test finds the meter to be correct within prescribed tolerances of accuracy.
[1]
Editor's Note: See Ch. A231, Fees.
A. 
Notice of trouble. The consumer shall notify the Borough promptly of any defect in, accident to or trouble with or damage to Borough lines or property that he or she may discover.
B. 
Continuity of service. The Borough will use reasonable diligence to preserve as nearly as possible the continuity of its service, but in the event of failure of service, in whole or in part, the Borough shall not be subject to any liability, penalty or payment for or on account of any such failure, and in no event shall the Borough be liable for consequential damages.
A. 
Resale of service. Unless there is a tariff provision to the contrary, service shall not be used for any purpose or in any place other than that stipulated in the contract or rate schedule, nor shall the energy supplied by the Borough be resold or used by other than the consumer contracting with the Borough.
B. 
Unbalanced load. The consumer shall at all times take and use energy in such a manner that it will be taken equally between phases, and the consumer shall, at his or her own cost and expense, make all necessary changes as provided for and regulated by this article to ensure such balancing. In addition, when the unbalancing equals or exceeds 10% of the lesser phase, the consumer shall be billed on the assumption that the energy taken from each phase is equal to the amount taken from the greater phase.
C. 
Fluctuations. The consumer shall not use his or her electric service in such a manner as to cause excessive voltage fluctuations or cause or generate R-F interference or disturbances within the Borough's electric distribution system. The Borough shall not be obligated to supply service or to continue to supply service to any consumer's installation which causes fluctuations that interfere with or disturb the Borough's electric distribution system in any manner unless corrective measures are promptly taken or corrective equipment is promptly installed by the consumer, as provided for and regulated by this article, at the consumer's sole expense.
D. 
Change of installation. The service connections, transformers, meters and appliances have a limited capacity, and no addition to the equipment or load of the consumer connected shall be made without the prior written consent of the Borough. The consumer shall be liable for any damages resulting from his or her violation of this provision.
A. 
Right to inspect. The Borough shall have the right, but shall not be obliged, to examine the consumer's installation at the time service is first supplied or at any time thereafter.
B. 
Defective installations. If at any time the electrical wiring, fixtures or appliances of the consumer are determined by the Borough to be defective or dangerous, service may be refused or discontinued until the consumer has the condition corrected.
C. 
Consumer's responsibility. The consumer assumes full responsibility for the energy at and from the point of delivery thereof and for the wires, apparatus, devices and appurtenances thereon used in connection with the service. The consumer is responsible for the risk of damage to property and the risk of fire or personal injury resulting from improper wiring and manner of attachment or use and maintenance of electrical wiring, equipment, appliances, fixtures and apparatus, and no one, except electricians licensed pursuant to § 107-4 of this article, shall install or make any change, alteration, addition or repair to any part of consumer's installation. The consumer shall indemnify, save harmless and defend the Borough against all claims, demands, costs or expenses for loss, damage or injury to persons or property in any manner directly or indirectly arising from, connected with or growing out of the transmission or use of current by the consumer at or on consumer's side of the point of delivery.
A. 
Extension of single-phase and three-phase from overhead distribution lines. The Borough's single-phase and three-phase overhead distribution system will be extended to supply a new consumer, the cost of such construction to be paid by the new consumer. Prior to such extension being made, the consumer shall deposit with the Borough Manager an amount equal to the cost of such construction as estimated by the Borough Manager. Any excess of said deposit shall be refunded to the consumer without interest within 45 days after completion of the extension; in the event, however, that the consumer's deposit is less than the actual costs incurred by the Borough, the consumer shall reimburse the Borough for the additional amount within said forty-five-day time period.
(1) 
Where application is received for overhead extension of service into a tract of land being subdivided or proposed to be subdivided for residential purposes, the applicant shall deposit with the Borough a non-interest-bearing deposit in the amount of the estimated costs to serve the entire tract of land, said estimate to be prepared by the Borough Manager. Upon completion of all extensions within the subdivision or proposed subdivision, the Borough shall refund to the applicant, without interest and within 45 days after such completion, any excess of said deposits; in the event that the deposit is less than the actual costs incurred by the Borough, the applicant shall reimburse the Borough for the amount of such additional costs within said forty-five-day time period.
(2) 
The contract for service shall be for a term of not less than one year and the minimum charge is applicable under this line extension of the contract term.
(3) 
The applicant or applicants requesting the line extension shall furnish without expense to the Borough all necessary rights-of-way.
(4) 
The Borough may delay the construction of any line extension until the applicant or applicants have completed the wiring and installation of equipment necessary to receive and use service.
B. 
Other extensions. The Borough's obligation to extend its facilities to a new point of delivery, other than as set forth above in this section, is limited to the assumption of new investment to the extent warranted by the revenue anticipated from the service to be supplied. Where the anticipated revenue does not warrant the investment required to serve, the Borough will determine in each case what guaranties of revenue, financing or terms of contract shall be required of the consumer.
A. 
Nonpayment shutoff. The Borough reserves the right to disconnect its service to any consumer on 10 calendar days' notice and remove its equipment in case of nonpayment of bill.
B. 
Violation of rules and regulations. The Borough may, upon 10 days' notice, disconnect service to any consumer because of violation of this article or any of the Borough's applicable rules and regulations.
C. 
Safety shutoff. The Borough may disconnect without notice its service to any consumer if the consumer's installation has become dangerous or defective or if upon examination of the consumer's installation by an inspection agency approved by the Borough a certificate of approval is refused.
D. 
Shutoff for fraud. The Borough may disconnect its service to any consumer without notice for abuse, fraud or tampering with the meters, connections or other equipment of the Borough.
E. 
Reconnection charge. Service disconnected by the Borough under the provisions of Subsections A, B and D of this section will be restored only on payment in advance of a fee, which shall be from time to time determined by resolution of Borough Council,[1] in addition to all arrearages due by the consumer, except when it has been necessary to remove service wires to affect discontinuance of service. In the latter case, service will be restored only on payment to the Borough of all costs of discontinuance and restoration in addition to all such arrearages.
[1]
Editor's Note: See Ch. A231, Fees.
A. 
Notice to discontinue. The consumer shall give the Borough at least three days' notice to discontinue service, and the consumer shall be liable for service taken until the meter shall have been disconnected. Such notice prior to the expiration of a contract term will not relieve the consumer from any minimum or guaranteed payments under any contract rate.
B. 
Final bill. The final bill for service is due and payable immediately after notice is received by the Borough to discontinue and the final billing is sent to the consumer.
A. 
Load inspections. Where the supply of service is under rates which base the billing demand or minimum charge upon the consumer's connected load, the Borough's representative shall have access to the premises of the consumer at all reasonable times to inspect and count the connected load.
B. 
Billing changes. Where, as a result of investigation made at the consumer's request or by routine inspection, demands are reassessed or redetermined or power factor recomputed or remeasured or the consumer is found to be on an improper rate, the change of billing to the new demand or power factor or to the proper rate will apply to the bill for the month during which the investigation is made and each month thereafter.
C. 
Change in rate. The Borough will, after notice of service conditions, compute bills under the applicable rate most advantageous to the consumer and will notify the consumer in writing or by new contract of the change in rate contemplated, provided that not more than one such change of rate shall be made in any twelve-month period, except as hereinafter provided in Subsection D.
D. 
Billing during period of construction or emergency.
(1) 
The Borough reserves the right to base its bills for service upon the applicable rate most advantageous to the consumer or to modify or waive the requirements of the applicable rate as to billing demand, minimum billing demand and/or minimum monthly charge when:
(a) 
The consumer is forced to suspend operations, in part or entirely, due to fire or flood;
(b) 
Unusual high demands are established by emergency pumping or other abnormal load conditions; or
(c) 
The consumer's plant is under construction or gradual electrification.
(2) 
Written request for relief must be made stating fully the circumstances upon which the request is based. If appropriate, the contract term shall be extended for a period equal to that of the relief granted.
A. 
The applicant shall:
(1) 
Apply for service at the office of the Borough Electric Department, 45 Railroad Street, Kutztown, Pennsylvania, or such other location as from time to time designated by the Borough Council.
(2) 
Supply and install the following facilities at a location designated by a representative of the Borough Electric Department:
(a) 
Pole if minimum four-by-four-inch timber with bracing.
(b) 
Disconnect switch.
(c) 
Eight-foot ground rod.
(d) 
Ground wire.
(e) 
Entrance cable.
(f) 
Service attachment.
(g) 
Meter base.
(3) 
Install facilities according to the Borough's specifications, which will be furnished to the applicant upon request.
(4) 
File application with an electrical inspection agency approved by the Borough.
B. 
The Borough shall:
(1) 
Designate temporary facility location.
(2) 
Supply and install service cable.
(3) 
Make service connection upon receipt of approval from electrical inspection agency approved by the Borough.
C. 
General.
(1) 
If the Borough's secondary facilities do not come within approximately 100 feet of the applicant's service location, the Borough shall extend facilities after the party requesting services has secured rights-of-way from all property owners involved.
(2) 
Temporary pole must be strong enough to support service cable and crew men making installation.
(3) 
Any exceptions to the policy set forth in this section must be approved by the Borough Manager prior to installation.
D. 
Charges. Charges for such services shall be established as from time to time determined by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A231, Fees.
A. 
The applicant shall:
(1) 
Apply for service at the office of the Borough Electric Department, 45 Railroad Street, Kutztown, Pennsylvania, or such other location as from time to time designated by the Borough Council.
(2) 
Supply and install the following facilities at a location designated by a representative of the Borough Electric Department (location to be a maximum of 20 feet from underground secondary facilities):
(a) 
Pole of four-by-four-inch timber or portable electrical board structure.
(b) 
Disconnect switch.
(c) 
Eight-foot ground rod.
(d) 
Ground wire
(e) 
Conduit riser.
(f) 
Meter base.
(3) 
Install facilities according to the Borough's specifications, which will be furnished to the applicant upon request.
(4) 
Excavate and backfill cable trench (minimum depth of 24 inches) from temporary structure to the consumer's secondary facilities.
(5) 
File application with an electrical inspection agency approved by the Borough.
B. 
The Borough shall:
(1) 
Designate temporary facility location.
(2) 
Supply and install service cable.
(3) 
Make service connection upon receipt of approval from electrical inspection agency approved by the Borough.
C. 
General. Any exceptions to the policy set forth in the section must be approved by the Borough Manager prior to installation.
D. 
Charges. Charges for such services shall be established as from time to time determined by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A231, Fees.
A. 
Exceptions to policy. The policy set forth in this section shall not be applicable to any project which fails to meet any requirements herein set forth; provided, however, that reasonable variances to such requirements shall be considered and may be agreed upon by the applicant and the Borough Manager, but the applicant shall be responsible for any additional costs; provided, further, that where the applicant desires to convert existing overhead facilities to underground, the Borough Electric Department will provide underground service to such areas upon the payment by the applicant of a charge which shall be the estimated cost for the underground system, plus removal cost for the overhead system (with a credit to be applied for salvage).
B. 
Required agreement. In the case of each underground project, the Borough and the applicant shall enter into an appropriate written agreement covering all essential arrangements.
C. 
Applicant's facilities. All applicant-owned facilities installed by the applicant shall be in conformity with the specifications and service entrance requirements of the Borough Electric Department, the National Electrical Code and all other applicable regulations.
D. 
Applicant's charges or costs. The charges or costs applicable to each applicant shall be paid, or other arrangements made which shall be satisfactory to the Borough Electric Department, before construction is commenced. The applicant shall be entitled to no refund, rebate or credit by reason of the fact that any building shall not, in fact, thereafter be constructed or that service is not taken by the applicant at any particular point of delivery.
E. 
Changes. The applicant shall pay to the Borough any additional costs incurred by the Borough Electric Department in providing underground facilities that vary from the underground construction practices and standards established by the Borough Electric Department, where such variances were requested by the applicant. In addition, any additional costs incurred by the Borough Electric Department which result from actions of the applicant or from the applicant's failure to act shall also be charged to and be paid by the applicant.
F. 
Overhead systems. Overhead facilities, whether for transmission or main distribution lines, which are in existence prior to the execution of an agreement or application for underground installations are not to be subject to the agreement or application and may remain in place. Likewise, the agreement or application shall not affect or impair the rights of the Borough Electric Department to construct, operate and maintain new and additional overhead transmission facilities under preexisting easements or rights-of-way, nor shall it preclude the acquisition and use of new rights-of-way for future overhead transmission facilities. An agreement or application for underground service shall apply only to facilities for distribution service to the applicant within the area covered by the agreement or application.
G. 
Communication cables. Primary, secondary and service cables may jointly occupy trenches with communication cables, provided that they are installed so as to comply with the National Electrical Safety Code, any and all applicable laws and all legally effective regulations and requirements and the requirements of all parties involved in such joint occupancy.
H. 
Classifications; standard secondary voltage.
(1) 
The installation of underground service of 400 amperes or less at secondary voltages to a permanent point of delivery shall be classified and is hereinafter referred to as "service lateral" and "service lateral replacement," the former being applicable to a new underground service and the latter to the replacement of an existing overhead service lateral with a new underground service.
(2) 
The standard secondary voltages for each of the above classifications are nominally 120/240 volts, single-phase, or 120/208 volts, three-phase. The Borough Electric Department's primaries, transformers, secondaries and other accessories shall be overhead.
I. 
Mutual obligations. The applicant shall, to the extent applicable:
(1) 
In accordance with the Borough Electric Department's System Underground Distribution Standards:
(a) 
Provide all excavation and backfilling for installation of the Borough Electric Department's facilities, including (but without limitation thereto) all sand, fill and concrete, as required, and install warning tape provided by the Borough Electric Department. All service cables installed on the permanent service areas (including but not limited to streets, alleys, driveways, patios and the like) shall be placed in metallic conduit, and the cost of said installation shall be paid for by the applicant. When a trench crosses a street, the applicant shall perform work under and in accordance with the Borough Electric Department's permit(s), shall pay the Borough for any permit fees and be responsible for resurfacing costs.
(b) 
Provide and install meter base and conduit riser in accordance with the Borough Electric Department's requirements for service and meter installations.
(2) 
Agree that all facilities installed by the applicant under Subsection I(1)(a) and (b) above shall be and remain the property of the applicant.
(3) 
At his own cost, clear the ground in which the lines and related facilities are to be laid of trees, stumps and other obstructions and rough grade it to within six inches of final grade, so that the Borough Electric Department's part of the installation shall consist only of laying of the lines and related facilities.
(4) 
Request electric service at such time that the lines and related facilities may be installed before curbs, pavements and sidewalks are laid; keep the route of lines clear of machinery and other obstructions when the installation crew is scheduled to work; and otherwise cooperate with the Borough Electric Department to avoid unnecessary costs.
J. 
The Borough Electric Department shall:
(1) 
Design its underground system with the location of facilities to be mutually agreeable to applicant and the Borough Electric Department.
(2) 
Provide, install [except as provided in Subsection I(1)(a) and (b) above], own and maintain all secondary service facilities to but not including the meter base and conduit riser.
K. 
Treatment of costs.
(1) 
In addition to the performance of all obligations hereinabove set forth, the applicant shall pay the Borough in accordance with the schedule of charges, which shall be made as from time to time determined by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A231, Fees.
(2) 
For purposes of determining charges under this subsection, service lateral length from an overhead secondary system shall be measured from the nearest convenient pole location to the point of delivery.
L. 
Trench excavation. All locations and requirements for secondary and service conduit trenches shall be coordinated with the Borough Electric Department before commencing excavation.
(1) 
All Borough Electric Department conduits and cables shall be separated from sewer, water and gas lines by earth for a minimum horizontal distance of 24 inches. There shall also be a minimum vertical separation of 12 inches of earth where the Borough Electric Department conduits cross other utilities. The conduits or pipes of sewer, water and gas companies must never be in the same trench with Borough cables. There shall be a twelve-inch minimum separation between any telephone facilities.
(2) 
The trench shall be excavated to the minimum dimensions and in accord with the trench details shown on Standard Detail S-E-05 in the Public Improvement Requirement Manual of the Borough for the specific conditions and as approved by the Borough Electric Department.
M. 
Trench backfill. A four-inch bed of sand shall be laid and hand tamped before the Borough Electric Department facilities will be installed.
(1) 
The backfill around all cables shall be with sand and shall be lightly hand tamped. Upon completion of hand tamping, there shall be a minimum of six inches of sand over the top of the cables.
(2) 
The remaining backfill shall be air tamped and water soaked for good earth compaction.
(3) 
Any settling or washing out of earth after the initial installation shall be corrected by the developer or consumer.
(4) 
The Borough Electric Department will provide warning tape for consumer installation 12 inches below grade level.
A. 
Large three-phase service, nonresidential.
(1) 
This section applies to the installation of three-phase underground service to a point of delivery for other than residential purposes having a demand estimated by the Borough to be in excess of 50 kilowatts.
(2) 
Delivery of secondary voltage shall be at the secondary terminals of the transformer, nominally 120/208 volts wye for demand in excess of 50 kilowatts or 277/480 volts for demands in excess of 300 kilowatts. Delivery of the available primary voltage will be at the metering point designated by the Borough.
B. 
Mutual obligations:
(1) 
The applicant shall:
(a) 
Provide the Borough with two copies of the plan of the site showing preferred location of electrical facilities, which plan shall meet all applicable governmental requirements.
(b) 
Grant or cause to be granted to the Borough, without cost to the Borough, all rights-of-way required for all facilities involved in furnishing service to the applicant.
(c) 
Provide all excavation and backfilling for installation of Borough facilities, including (but not limited to) all sand, fill and concrete, as required, and install warning tape provided by the Borough.
(d) 
Provide, install, own and maintain the concrete pad or vault for the Borough's equipment, such as (but not limited to) step-down transformers and switching equipment.
(e) 
When service is at secondary voltage, provide, install, own and maintain all secondary facilities, including cables, conduit and connectors.
[1] 
Current design of pad-mounted transformers limits the secondary cabled usage to six cables per phase. Where designs exceed these amounts, it becomes a nonstandard pad design, and the Borough shall be consulted to consider the possibility of installing a freestanding trough with buss bars and/or a buss duct terminating in a freestanding trough.
[2] 
Minimum length: five feet of cable length recommended above pad.
(f) 
When service is at primary voltage, provide, install, own and maintain all facilities beyond the point of delivery.
(g) 
At the applicant's own cost, clear the ground in which the lines and related facilities may be installed; keep the route of lines clear of machinery and other obstructions when the line installation crew is scheduled to appear; and otherwise cooperate with the crew to avoid unnecessary costs.
(h) 
The consumer will be responsible for the installation of Borough-supplied metering transformers. In addition, both the meter base and conduit between the metering transformers and meter base will be supplied and installed by the consumer.
(i) 
Both primary and secondary conduits (if metallic) shall be bonded to the ground and to the tank. When a pit is provided under compartments, conduits should extend into the pit and be bonded to common ground.
(2) 
The Borough shall:
(a) 
Approve location of the pad-mounted transformer and inspect all phases of pad installation. A working space of 10 feet shall be furnished in front of the terminal compartment.
(b) 
Make all connections to the transformer.
(c) 
Mark the meter location.
(d) 
Provide trenching and pad mount specifications (including, but not limited to, those set forth in Subsection C below).
C. 
Trenching specifications. The purpose of the specifications set forth in this subsection is to promote the highest possible construction quality and efficiency in the installation of an underground electrical system. To accomplish these objectives, it is vital that each party involved understands his or her responsibilities for both the quality of work and the sequence in which each operation is to be done. All locations and requirements for primary service conduit trenches shall be coordinated with the Borough Electric Department before commencing excavation.
(1) 
Trench excavation.
(a) 
All trenches shall be excavated to the minimum dimension and in accordance with the trench details shown on Standard Detail S-E-05 in the Public Improvement Requirement Manual of the Borough for the specific conditions and as approved by the Borough Electric Department.
(b) 
A four-inch bed of approved screening or sand shall be laid the entire length of the trench.
(2) 
Trench backfill.
(a) 
After the Borough has installed the required cable, the applicant shall immediately backfill the trench in accordance with the following specifications:
[1] 
Backfill around all cables with approved screening or sand for a minimum of four inches over the top of the cables.
[2] 
The remaining backfill shall be soil free of rock and other foreign objects and compacted.
[3] 
Any settling or washing out of earth after the initial installation shall be corrected by the applicant.
[4] 
Cables and/or conduits must not be left uncovered in the trench overnight.
[5] 
The Borough will provide warning tape for consumer installation 12 inches below final grade level.
(b) 
All Borough conduits and cables shall be separated by earth for a minimum horizontal distance of 24 inches from sewer, water and gas lines. There shall be a minimum vertical separation of 12 inches of earth where Borough cables cross other utilities. The conduits or pipes of sewer, water and gas companies must never be in the same trench with Borough cables. Unless random lay is specified, there shall be a twelve-inch minimum separation, either horizontally or vertically, between Borough cables and telephone or cable television facilities.
(3) 
Foundation.
(a) 
All foundation pads shall be of concrete and shall be constructed in accordance with Borough specifications which, together with diagrams illustrative thereof, will be given to any applicant by the Borough Electric Department upon the request of such applicant.
(b) 
All primary and secondary conduit bends shall be installed and terminated flush with the top of the transformer pad. Primary conduits will be placed against the left side of the conduit opening, and the secondary conduits will be placed against the right of the conduit opening.
(c) 
All concrete shall meet or exceed the design and test specifications of the American Concrete Institute (ACI), American National Standards Institute (ANSI and ASA) and American Society of Testing Material (ASTM), where applicable. Line loading shall be for H-20 and/or H20-S16 per American Society of State Highway Officials (ASSHO) specifications.
(d) 
When the pad is located in areas exposed to vehicular traffic, a barrier shall be provided to protect the transformer. Such barriers shall consist of a concrete-filled four-inch steel post with three feet below grade and a minimum of four feet above grade or approved protection of equal strength.
(e) 
A twelve-inch moat area, designed to contain the oil in case of a transformer leak, shall surround the pad and remain uncovered.
(f) 
The transformer pad shall be located as far as practical from windows, doors, fire escapes, entrances and ventilating ducts so as not to present physical obstructions. It shall be the applicant's responsibility to secure the approval of an approved electrical inspection agency and to comply with any insurance regulations affecting the installation.
D. 
Treatment of costs. Predicated on a first-year demand estimated by the Borough to be 50 kilowatts or more from data supplied by the applicant and subject to the applicant's performance of all obligations as hereinabove set forth, the Borough will, at no charge to applicant, install a primary cable length not to exceed 300 feet measured from the nearest convenient location of the Borough's facilities to the point of delivery. The Borough's charge to the applicant for the installation of any additional cable length shall be as set from time to time by resolution of the Borough Council per linear foot or such other charge as shall from time to time be established by resolution of Borough Council.[1]
[Amended 12-26-1995 by Ord. No. 1995]
[1]
Editor's Note: See Ch. A231, Fees.
A. 
This section applies to the installation of large single- and three-phase services supplied overhead to underground in which the underground wiring is to be installed in conduit from an overhead point of delivery. Delivery of secondary voltage shall be at the conduit service head(s).
B. 
Mutual obligations:
(1) 
The applicant shall:
(a) 
Provide the Borough with two copies of the plan of the site showing preferred location of electrical facilities, which plan shall meet all applicable governmental requirements.
(b) 
Grant or cause to be granted to the Borough, without cost to the Borough, all rights-of-way required for all facilities involved in furnishing service to the applicant.
(c) 
Provide, own, maintain and install in accordance with the Borough's specifications and in accordance with the National Electrical Code all underground secondary, conduit, conduit risers and service head(s) required for service to the applicant from the Borough's point of delivery.
(d) 
Be responsible for the installation of metering transformers supplied by the Borough. In addition, both the meter base and conduit between the metering transformers and the meter base will be supplied and installed by the applicant.
(e) 
Provide, install, own and maintain a metering transclosure, said transclosure and its installation to be in accordance with Borough specifications.
(f) 
Bond to the ground both the secondary and metering conduits if said conduits are metallic.
(2) 
The Borough shall:
(a) 
Provide, own, install and maintain an overhead connection point for the applicant at a location mutually agreeable to both the applicant and the Borough.
A. 
At least 150 days prior to the time service will first be required, the applicant will provide the Borough with the following:
(1) 
The estimated date electric service will initially be required and the time schedule for construction of the development or subdivision.
(2) 
Three copies of the approved preliminary subdivision plan of the development and a detailed listing of the electrical load planned for each unit. All measurements for the determination of charges under the current applicable policy shall be taken from such plans which will show specific locations of all streets, curblines, property lines, sidewalks and house locations in sufficient detail to permit the Borough to design the required electric distribution system. No facilities will be installed until the applicant agrees, in writing, to pay for the cost of relocating any facilities which are improperly placed due to error in the information and plans supplied by the applicant or due to subsequent changes in the plans supplied.
(3) 
Where a development or subdivision is divided into sections for purpose of approval by appropriate authorities and construction, the applicant will provide, at the time of the initial application, a preliminary or tentative subdivision map of all the property which the applicant owns or intends to acquire (directly or through an affiliated organization) for subsequent subdivision. This is required to enable the Borough to plan for the ultimate supply of the development. If the applicant subsequently expands the anticipated area or increases the number of units or anticipated electrical load per unit, the applicant will promptly so notify the Borough.
B. 
Prior to the start of construction, the applicant will provide the Borough, at no cost to the Borough, all necessary rights-of-way over lands owned or controlled by the applicant.
C. 
Foreign utility installations. Prior to excavating the electrical trench, the applicant will install any utility, such as water or sanitary sewer lines, which shall be installed at a minimum depth of 48 inches below finished grade. If any utilities are installed above the forty-eight-inch minimum depth, causing the Borough additional expense to tunnel under and around said facilities or to relocate the electrical facilities, the additional expense will be borne by the applicant.
D. 
Grading. The applicant will bring the area to be occupied by the electric facilities to within six inches of its final grade and will clear such areas of trees, tree stumps and other obstructions above or below grade to a width sufficient to permit the use of machinery and equipment required for installation of the electrical facilities. Such clearances and grading shall be maintained by the applicant during all construction by the Borough. If additional costs are incurred because of the applicant's failure to comply with this provision or because of the applicant's changing street or curblines or building location, the applicant shall forthwith pay to the Borough any increases in its anticipated costs before the work progresses further.
E. 
Survey and staking. The applicant will stake and clearly identify the property lines, curblines or street right-of-way lines and the locations of any existing foreign utilities. On apartment and townhouse projects, the staking of parking lot boundaries and sidewalks will also be required.
F. 
Staking of electric facilities. Upon completion of the requirements of Subsections C, D and E above, and prior to the applicant commencing trenching, the Borough will stake the location of the electrical facilities and establish a work schedule for the installation of these facilities. Coordination for staking shall be through the Borough Electric Department.
G. 
Underground facility clearances.
(1) 
All Borough cables shall be separated by earth for a minimum horizontal distance of 24 inches from sewer, water and gas lines.
(2) 
There will be a minimum vertical separation of 12 inches of earth where Borough cables cross other utilities.
(3) 
The conduits or pipes of the sewer, water and gas companies must never be in the same trench with Borough cables. Unless random lay is specified on the construction sketch, there shall be a twelve-inch minimum separation, either horizontally or vertically, between Borough cables and telephone or cable television facilities.
(4) 
Cable should be installed with sufficient clearance from other underground structures, such as steam or cryogenic lines, to avoid thermal damage to the cable.
H. 
Trenching specifications. After the applicant has completed all of the above requirements, trench excavation may commence in accordance with the following specifications:
(1) 
Trench excavation.
(a) 
Excavate a trench to a minimum of 30 inches deep by six inches wide for all service cables, 40 inches deep by six inches wide for all primary and all street crossings and a trench five feet zero inches by five feet zero inches by 36 inches deep for pad-mounted transformer foundations. The width of a trench for any specified condition is a minimum. Equipment or method used for trenching may demand a wider trench for convenience.
(b) 
A four-inch bed of approved screening or sand shall be laid the entire length of the trench.
(c) 
A six-inch fill of approved screening or sand shall be laid for each pad-mounted transformer base.
(d) 
The applicant will obtain at his cost all necessary permits for completion of each project.
(e) 
The contractor of the applicant shall make all arrangements relative to blocking streets, driveways and sidewalks and the placing of barriers.
(f) 
It shall be the responsibility of the applicant and his contractor to see that the job is done in a safe manner at all times. The requirements for proper shoring and bracing shall conform to the Pennsylvania Department of Labor and Industry Regulations for Excavations and Construction as well as any rules of the Borough that may be applicable. The safety of the public is also the responsibility of the applicant and his contractor.
(2) 
Trench backfilling.
(a) 
After the Borough has installed the required cable, the applicant shall immediately backfill the trench in accordance with the following specifications:
[1] 
Backfill around all cables approved screening or sand for a minimum of six inches over the top of the cables.
[2] 
The remaining backfill shall be soil free of rock and other foreign objects and compacted.
[3] 
Any settling or washing out of earth after the initial installation shall be corrected by the applicant.
[4] 
The Borough will provide a warning tape to be installed 12 inches below rough grade level.
(b) 
The applicant should coordinate the installation of any and all utilities who jointly occupy the trench so as to avoid any delays in performing the backfilling requirements.
I. 
Payment of costs. The applicant will pay the Borough, in advance or under such credit terms as the Borough may require, such applicable charges as are provided for in the Borough's schedule of charges, which shall from time to time be established by resolution of Borough Council,[1] for each lot for which the applicant seeks electric service.
[1]
Editor's Note: See Ch. A231, Fees.
A. 
In the case where the consumer requests installation of dusk-to-dawn lighting on existing facilities and adequate clearances can be maintained:
(1) 
The Borough will provide and install the necessary equipment to install the dusk-to-dawn lighting, including up to 100 feet of two-wire overhead cable; and
(2) 
The monthly rental fee shall be governed by the rate schedule of charges for dusk-to-dawn lighting as from time to time adopted by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A231, Fees.
B. 
In the case where the consumer requests installation of dusk-to-dawn lighting and there are no existing facilities or the proper clearance cannot be maintained on existing facilities:
(1) 
The consumer will be required to deposit in advance an amount equal to the estimated cost of constructing the facilities necessary for providing the dusk-to-dawn lighting;
(2) 
If upon completion of the installation it is found that a balance is due, the consumer will be responsible for said balance, which shall be paid within 30 days after being billed therefor by the Borough. However, should there be an overpayment, the Borough will refund said balance at no interest within 30 days of date construction was completed; and
(3) 
The monthly rental fee shall be governed by the rate schedule of charges for dusk-to-dawn lighting as adopted from time to time by resolution of Borough Council.[2]
[2]
Editor's Note: See Ch. A231, Fees.
C. 
Responsibilities.
(1) 
The consumer shall:
(a) 
Provide to the Borough, without cost, right-of-way and free and clear access to the dusk-to-dawn fixtures and their appurtenances for the purpose of maintaining said equipment.
(b) 
Be responsible for reimbursing the Borough for any damage the consumer has caused to said fixtures or their appurtenances.
(2) 
The Borough shall:
(a) 
Perform all maintenance on said dusk-to-dawn fixtures and their appurtenances so as to keep them in proper operating condition.
A. 
The Borough Council by resolution shall from time to time designate electrical inspection agencies which shall be authorized to make inspections of electrical wiring, equipment and/or apparatus as herein defined and installed within the Borough or upon property served by the Borough Electric Department for the purpose of this article. The appointment of an inspection agency hereunder may be terminated by resolution at any time by Borough Council in its sole discretion. Any such electrical inspection agency designated by the Borough Council as hereinbefore provided shall not be an agent of the Borough in any respect whatsoever but in all instances shall remain and be an independent contractor, and the Borough shall not be responsible or liable for any actions, nonactions, approval, disapproval or any other action of any such electrical inspection agency or for any reliance thereon by any consumer.
B. 
Prior to making any such inspections, such inspection agency shall file with the Borough's Code Enforcement Office a certificate of insurance evidencing general public liability insurance coverage for such inspection agency in the minimum occurrence amounts of $1,000,000 for death and bodily injury and $500,000 for property damage. Such certificate of insurance shall confirm that the Borough has been named as an additional insured for the purposes of such coverage and that the Borough shall be given at least 30 days prior written notice before the cancellation of such insurance coverage. A new certificate of insurance shall be delivered to the Borough before the expiration of the then-current insurance policy. Upon the cancellation of such insurance coverage at any time that replacement coverage is not in effect, the aforesaid designation of such inspection agency shall automatically be denied, revoked and terminated without further action of the Borough Council.
[Added 12-26-1995 by Ord. No. 12-1995]
C. 
The consumer's electrical wiring, equipment and apparatus shall be installed, operated and maintained in conformity with any and all local or other governmental requirements and with all rules and requirements of the National Electrical Code 1993 and shall be inspected and approved by an approved inspection agency prior to connection to the Borough's system, as provided for and regulated by this article. All subsequent installations or changes shall also be inspected and approved in advance of connection to the Borough's system. The Borough may examine the consumer's installation at any time and may refuse to make connection to commence or continue service whenever such installation is not in proper operating condition.
[Amended 12-26-1995 by Ord. No. 12-1995]
D. 
As authorized by the Borough Council, the Borough Code Enforcement Officer or other designated Borough employee may make inspections of permitted electrical work as follows:
(1) 
The inspections shall be limited to the addition of branch circuits in one- and two-family dwellings and/or dwelling units licensed under the Borough Housing Code.[1]
[1]
Editor's Note: See Ch. 135, Housing Standards.
(2) 
The Borough reserves the right to refer any such inspection to the inspection agencies noted in Subsection A.
(3) 
A fee as from time to time determined by resolution of Borough Council[2] shall be charged for inspections performed by the Borough.
[2]
Editor's Note: See Ch. A231, Fees.
E. 
The inspection agencies noted in Subsection A, the Borough and any agency authorized by the Commonwealth of Pennsylvania shall perform inspections of permitted electrical work within the limits of the Borough in the event that the utility provider is other than the Borough.
F. 
Inspection and enforcement. Notwithstanding anything in this article to the contrary, inspection and enforcement of the wiring and connections between the Borough's electric lines and the consumer's main breaker panel shall be done by the Borough's Electric Department. Enforcement of the provisions of this article insofar as they apply to wiring and connections from the main breaker panel and throughout the consumer's property shall be done by the Code Enforcement Office of the Borough.
[Amended 12-26-1995 by Ord. No. 12-1995]
Persons, firms, corporations, associations, trusts, partnerships or other entities shall not permit electrical energy to be used in connection with or introduced into any new installation of electrical wiring, equipment or apparatus unless and until such installation has been approved by an approved inspection agency and until a cut-in card is duly issued and signed by the person making the inspection in accordance with the provisions of § 107-33 of this article and received by the Borough Electric Department certifying that the installation has been inspected and approved. Where electrical permits are required for electrical work in existing buildings, the registered electrician or owner shall, upon completion, apply for inspection.
[Added 12-26-1995 by Ord. No. 12-1995]
The approved inspection agencies, upon final inspection of any electrical wiring, equipment or apparatus, shall notify the Borough, in writing, and such notice shall be signed by the person making such inspection certifying that the installation has been inspected and approved. Any inspection agency which does not comply with the requirements of this section and § 107-34 may, upon resolution of the Borough Council, be prohibited from making inspections within the Borough of Kutztown.
The schedule of fees of said authorized inspection agencies from time to time in effect are hereby approved and adopted as a schedule of fees to be paid to the inspection agencies for inspection as provided for in this article.
A. 
The Borough Manager, Code Enforcement Officer or other designated employee shall have the authority to stop electrical work when such work is being performed in a manner not in conformity with the National Electrical Code or this article or upon notification of an authorized inspection agency.
B. 
In the case of an existing building, if upon inspection it is found that the existing electrical wiring, equipment or apparatus is defective and/or unsafe, upon notification by the Borough Manager and/or Code Enforcement Officer, all use thereof shall be discontinued until it has been corrected and made to conform to the requirements of the National Electrical Code and this article and approved by an authorized inspection agency or the Borough as provided for in § 107-33 of this article.
[Amended 12-26-1995 by Ord. No. 12-1995]
Any person, partnership, agency, corporation, trust or other legal entity subject to the provisions of this article who or which shall do or perform any electrical work or who, as owner or lessee, shall permit any electrical work to be done or performed as provided herein without complying with the provisions of this article or who shall in any way violate the provisions of this article shall, upon conviction thereof before any District Justice, be fined an amount not less than $50 nor more than $1,000 for each offense and, in default of payment thereof, undergo imprisonment in the county jail for a period not exceeding 30 days. Each day that a violation continues shall be deemed as a separate offense.
[Added 7-13-1999 by Ord. No. 9-1999]
Section 90-4 of the National Electrical Code 1996, entitled "Enforcement," is amended and restated in its entirety so as to henceforth read as follows:
§ 90-4. Enforcement.
This Code is enacted to be suitable for mandatory application by governmental bodies exercising legal jurisdiction over electrical installations and for use by insurance inspectors. The Code Enforcement Officer of the Borough of Kutztown is responsible for enforcement of the applicable provisions of this Code. The Borough of Kutztown Code Enforcement Officer has the responsibility for making interpretations of the rules, for deciding upon the approval of equipment and materials and for granting the special permission contemplated in a number of the rules.
The Borough of Kutztown Code Appeals Board (Code Appeals Board) may waive specific requirements in this Code or permit alternate methods where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety.
This Code may require new products, constructions or materials that may not yet be available at the time the Code is adopted. In such event, the Code Enforcement Officer of the Borough of Kutztown may permit the use of the products, constructions or materials that comply with the most recent previous addition of this Code adopted by the Borough.
[Added 7-13-1999 by Ord. No. 9-1999]
Any person shall have the right to appeal or request a permitted modification or waiver with respect to a decision of the Code Enforcement Officer of the Borough of Kutztown. An application for appeal or request for permitted modification or waiver shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equivalent form of construction is to be used. Such appeals and request shall be filed and heard as prescribed in Chapter 12 of the Code of the Borough of Kutztown.