[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.
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]
The Borough of Kutztown, Berks County, Pennsylvania.
The person so designated by Borough Council or his representative
so designated either by Borough Council or by the Borough Manager.
The Council of the Borough of Kutztown.
The Electric Department of the Borough.
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]
The combined rated capacity of all the consumer's lights,
motors or other energy-consuming devices.
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]
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.
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.
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]
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]
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]
The point where the wires or apparatus of the Borough are
connected to the service leads of the consumer.
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]
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.
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.
(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]
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.
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]
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.
(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], , , , , , and .
(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.
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 request of the Borough specific
information concerning the location of meter and the point of delivery
of service for each installation.
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.
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.
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:
(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:
(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.
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.
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):
(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.
C.
General. Any exceptions to the policy set forth in
the section must be approved by the Borough Manager prior to installation.
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.
(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.
K.
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.
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]
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.
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.
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
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
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.
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.
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:
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§ 90-4. Enforcement.
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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.
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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.
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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.
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[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.
