[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 9-15-1969 as Ord. No. 867, approved 9-15-1969. Amendments
noted where applicable.]
[Amended 4-4-1977 by Ord. No. 948, approved 4-4-1977; 8-11-1981 by Ord. No.
1003, approved 8-11-1981]
The Borough of Prospect Park does hereby adopt
the National Electric Code, NFPA No. 70-1981, being particularly the
1981 Edition thereof, and the whole thereof and such amendments thereto,
are hereby adopted as the Electrical Code of the Borough of Prospect
Park.
For the purposes of this chapter, said Borough
hereby categorizes all electrical work being performed and to be performed
in the Borough of Prospect Park into six classifications, as follows:
A.
APPRENTICE ELECTRICIAN
BOARD OF APPEALS
BOROUGH
BOROUGH COUNCIL
CHIEF PLANT ELECTRICIAN
CODE
DOMESTIC ELECTRICAL APPLIANCES AND FIXTURES
ELECTRICAL EXAMINING BOARD
EMPLOYEE
INSPECTOR or INSPECTING AGENCY
JOURNEYMAN ELECTRICIAN
MASTER ELECTRICAL CONTRACTOR
NATIONAL ELECTRICAL CODE
OIL BURNER SERVICE DEALER
PUBLIC UTILITY COMPANY
REFRIGERATION SERVICE DEALER
RULES AND REGULATIONS
Definitions. Unless otherwise expressly stated herein,
the following words shall, for the purpose of this chapter, have the
meanings as indicated below:
Any person who shall have qualified as an apprentice electrician
and registered in accordance with the terms of this chapter and under
the rules and regulations of the said Examining Board hereinafter
created.
The Board of Appeals as provided for and adopted under this
chapter.
The Borough of Prospect Park.
The Borough Council of the Borough of Prospect Park.
Any person, firm, partnership or corporation who shall have
qualified as a chief plant electrician and registered in accordance
with the terms of this chapter and under the rules and regulations
of the Examining Board hereinafter created.
The Electrical Code of the Borough of Prospect Park.
Any electrical appliance which is severable and not affixed
to any structure, including incandescent lamps, television broadcasting
sets, radio broadcasting receiving apparatus and automotive electrical
equipment.
The Electrical Examining Board hereinafter created under
this chapter.
Any employee of any electrical firm, partnership or corporation
or of any individual so designated under this chapter.
Any electrical inspector or electrical inspecting agency
designated under this chapter for the purpose of inspecting the electrical
equipment, installations and work which is to be regulated by the
said chapter.
Any person who shall have passed the journeyman electrician's
examination and qualified and registered in accordance with the terms
of this chapter and under the rules and regulations of the said Examining
Board hereinafter created.
Any person, firm, partnership or corporation who or which
shall have qualified or registered as a master electrical contractor
in accordance with the terms of this chapter and under the rules and
regulations of the Examining Board hereinafter created.
Specifically the 1975 Edition of the code adopted by the
National Fire Protection Association as NFPA No. 70--1975.[1]
Any person, firm, partnership or corporation who or which
shall have qualified and registered as an oil burner service dealer
in accordance with the terms of this chapter and under the rules and
regulations of the said Examining Board hereinafter created.
Any corporation qualifying as a public utility under the
laws and statutes of the Commonwealth of Pennsylvania.
Any person, partnership, firm or corporation who shall have
qualified and registered as a refrigeration service dealer in accordance
with the terms of this chapter and under the rules and regulations
of the said Examining Board hereinafter created.
The rules and regulations adopted pursuant to this chapter.
[1]
Editor's Note: Amended 4-4-1977 by Ord. No.
948, approved 4-4-1977.
B.
Word usage. The terms "materials," "electrical or
electrical work," "electrical materials," "electrical supplies," "electrical
appliances" and "electrical fixtures" or any other terms used in this
chapter to designate electrical apparatus, electrical appliances,
electrical wiring, electrical fixtures, electrical work or electrical
supplies of whatever kind and nature and for whatever use which shall
be used in any installations for the transmission or consumption of
electrical energy of any form shall be given the meaning set forth
in the National Electrical Code.
Nothing in this chapter shall apply to the work
performed by any public utility company or any of its employees while
engaged in the regular line of duty of the said utility company.
A.
There is hereby created and established an Electrical
Examining Board, which is defined as above under Definitions.
B.
The said Electrical Examining Board shall consist
of two registered master electricians, one of whom shall reside in
the Borough of Prospect Park and shall be duly licensed and qualified
in accordance with this chapter. The third member of the said Board
shall be the Electrical Inspector of the Borough of Prospect Park.
C.
The said members of the Electrical Examining Board
shall be appointed on a yearly basis by the Borough Council of the
Borough of Prospect Park, at the first official meeting of the Borough
Council of the Borough of Prospect Park.
D.
The purpose of the said Examining Board shall be to
receive applications for the licensing as required under this chapter
and to conduct the proper and pertinent examinations for each form
of license applied for and to grant or refuse licenses in the categories
set forth above.
E.
The Electrical Examining Board, after being duly appointed
by the Borough Council of the Borough of Prospect Park, shall organize
and elect from its members a Chairman and shall thereafter meet at
times to be set by the said Examining Board for the purposes of their
appointment.
F.
Any two members of the said Examining Board shall
constitute a quorum for the transaction of any and all business, and
the findings of the Board shall be set forth in writing if required
by the Borough Council. Said Examining Board shall have the power
to make its own rules and regulations for the internal operation of
the said Board and shall meet as frequently as the proper and efficient
discharge of its business shall require.
G.
The said Examining Board shall keep a record of its
deliberations and determinations and shall, at any time required by
the Borough Council, submit a written report to the Borough Council
of the Borough of Prospect Park containing said record.
No person, firm, corporation or partnership
desiring to engage in the business or occupation of electrician, electrical
contractor, chief plant electrician, apprentice electrician or any
of the other categories of work to be licensed shall perform any electrical
work whatsoever in the Borough of Prospect Park without first applying
to the Electrical Examining Board for a proper examination and procuring
from the said Board the license required for the type of work which
the said person, firm, corporation or partnership intends to perform.
If the Board shall find upon due application
and examination that the applicant presenting himself is qualified
for a license for the type of electrical work for which he applies,
the Electrical Examining Board shall, upon proof of payment of the
fee herein provided below, issue to said person, partnership, firm
or corporation, without further charge, a license for the type of
electrical work for which the applicant qualifies. Said license shall
continue in full force and effect following its issuance until the
31st day of December of the year of issuance unless sooner revoked
by proper authority.
[Amended 2-12-1981 by Ord. No. 998, approved 2-12-1981; 12-13-1988 by Ord. No.
1094, approved 12-13-1988; 12-14-1993 by Ord. No. 1147,
approved 12-14-1993[1]]
The fees required for licensing by the Electrical
Examining Board are as fixed by resolution of the Borough Council
and may be amended from time to time.[2]
Any applicant who is unsuccessful in passing
the examination given to him may be permitted to take a reexamination
not less than 60 days after the date of the unsuccessful prior examination
and without payment of any additional fee. If said applicant shall
be unsuccessful in the reexamination, he shall not apply for a further
examination for a period of six months, and such reapplication shall
be accompanied by proof of the payment of the fee as if the application
were an original application.
Any master electrical contractor, chief plant
electrician, oil burner service dealer, refrigeration service dealer,
journeyman electrician or apprentice electrician, as the case may
be, desiring to continue in the practice of the profession or trade
for which he is licensed for the year following the expiration of
his license shall, between the first and 31st days of December of
each and every year, surrender his license for the then current year
to the Chairman of the Electrical Examining Board, who shall forthwith,
upon proof of the payment of the fee herein provided, issue to the
applicant the proper license for the ensuing year without further
accompanying the original application as provided above.
Any person, firm, or corporation engaged in
or practicing the trade of master electrical contractor, chief plant
electrician, oil burner service dealer, refrigeration service dealer,
journeymen electrician or apprentice electrician, as defined in this
chapter, who shall desire to continue the practice of his profession
or trade within the Borough of Prospect Park, may file a written application
with the Examining Board, including his name, residence, address of
his place of business, the name under which he is doing business,
the number of years in the trade or business and the other cities,
boroughs and municipalities in which he holds a license, accompanied
by a statement that, on the effective date of this chapter, such applicant
was actively and actually engaged in the profession or trade of the
categories of electrical work expressed above and that he intends
to continue said practice or trade continuously within the Borough
of Prospect Park. Said written application shall be signed by the
person named therein or persons in authority connected with said firm,
partnership or corporation, if this be the case. Said signature is
to be verified. Upon receipt of the application, accompanied with
proof of payment of the fee hereinbefore provided, the Electrical
Examining Board shall issue to such applicant the class of license
applied for, within its discretion.
A.
Before any master electrical contractor license, oil
burner service dealer license or refrigeration service dealer license
shall be issued or renewed by the Electrical Examining Board, a certificate
of business liability insurance shall be provided to the said Electrical
Examining Board, with minimum limits for public liability coverage
in the sum of $100,000 and property damage in the amount of $50,000.
Said applicant shall also furnish a certificate, provided by a reputable
and duly recognized insurance company that his or her employees are
covered by workmen's compensation insurance in accordance with the
laws of the Commonwealth of Pennsylvania.
B.
Said insurance mentioned above must be maintained
and in effect at all times; and upon cancellation or lapse of the
said insurance, the license afforded under this chapter shall, whether
with or without the knowledge of said insured and licensee hereunder,
become null and void for purposes of this chapter.
A.
All inspections of work performed within the Borough
of Prospect Park pursuant to this chapter shall be done by duly recognized
inspecting agencies which shall register with the Electrical Inspector
and be approved by Borough Council.
B.
The chief plant electrician of any firm, corporation
or partnership or other agency is hereby designated as the inspecting
agency in and for the said plant, corporation, firm or partnership
for whom he is employed, for all maintenance and repair work performed
on the premises of the said plant, corporation, firm or partnership
by the employees of the said plant, firm, corporation or partnership
who are under his supervision and control.
C.
Except in cases of emergency, before the installation,
construction or introduction of electrical current into any electrical
work performed, electrical materials, electrical appliances or electrical
fixtures which are subject to this chapter, any licensee, as defined
in this chapter, shall notify the Electrical Inspector of the initiation
of said work, where the total cost of such work is in the range of
from $1 to $100, and in all cases where the total cost of said work
exceeds $100. Application for permits and the obtaining of permits
shall be carried out in accordance with the procedures as set forth
by the Borough Council and the Electrical Inspector.
D.
No application shall be accepted by the Electrical
Inspector except from a master electrical contractor, chief plant
electrician, oil burner service dealer or refrigeration service dealer,
as defined in this chapter; nor shall an application be accepted by
the Electrical Inspector from a chief plant electrician, duly licensed,
except where the work to be performed or the installation or construction
to take place is in the factory or plant in which said chief plant
electrician is employed.
E.
The aforementioned sections of this chapter requiring
permits shall not apply to:
F.
Fees. Before any electrical work is performed in the
Borough of Prospect Park, a permit shall be obtained pursuant to a
fee schedule as fixed by resolution of the Borough Council and amended
from time to time.[1]
[Amended 2-12-1981 by Ord. No. 998, approved 2-12-1981; 12-13-1988 by Ord. No.
1094, approved 12-13-1988; 12-14-1993 by Ord. No. 1147,
approved 12-14-1993[2] ]
G.
Upon completion of the work applied for and for which
a permit was received, the said permittee shall notify an authorized
inspection agency under this chapter. Said agency, after proper inspection
and approval, shall thereupon issue a cut-in card in triplicate concerning
the work performed and shall forthwith file one copy thereof with
the Electrical Inspector. Said inspection agency, upon completion
of its inspection, shall issue its cut-in card directly to the public
utility agency involved. The third copy of said cut-in card is to
be retained by the said inspection agency.
Any licensee affected by any notice of action
taken by the Borough Council, inspecting agency, Electrical Examining
Board or by any other administrative action concerning this chapter
or any rule or regulation adopted pursuant thereto may, by written
request, ask for and be granted a hearing on the matter involved before
the Borough Council, provided that such person so aggrieved or affected
shall file in the office of the Borough a written request within five
days after the date of the said action complained of. Upon receipt
of said request, the Borough Council shall set a time, date and place
for a hearing and shall notify the party requesting the hearing thereof
by mailing a notice thereof to the said party's registered place of
business. At such hearing, the requesting party shall be given an
opportunity to bring whatever witnesses and evidence he desires and
a complete opportunity to be heard and to show why said notice, action
or any other rule or regulation involved, which aggrieves him, shall
be modified or withdrawn. After a full hearing on the matter, the
Borough Council may modify, sustain or withdraw the notice or the
action taken which aggrieves the party requesting the hearing. If
the Borough Council sustains or modifies said notice or action, it
shall be deemed to be an order of the Borough Council, and a time
for compliance therewith will be set forth in the decision of the
Borough Council.
At the first regularly scheduled meeting of
the Borough Council of the Borough of Prospect Park, the Electrical
Board of Appeals shall be designated to serve for a period of one
year. Said Board of Appeals shall consist of three citizens of the
Borough of Prospect Park, at least two of whom shall be master electrical
contractors; and said Board shall, after its appointment, designate
its Chairman and form its own rules and regulations for the performance
of its business and sit in all matters which it is designated to hear
in the form of appeals from the hearings of the Borough Council.
A.
Should any party be aggrieved by the decision of the
Borough Council in his hearing, said party may, within 10 days of
said decision, appeal to the Board of Appeals. Said appeal shall be
in writing and shall set forth the decision appealed from and the
reasons for the appeal. It shall be verified by affidavit and filed
with the Borough Secretary, with a copy to the Borough Council, and
be accompanied by a filing fee of $25. Notice of the pending appeal
shall then be given by the Borough Secretary to the Chairman of the
Appeal Board, who shall thereafter arrange for a hearing before the
Appeal Board. Said Appeal Board shall conduct a complete hearing on
the matter and render its appropriate decision and keep a record of
its findings.
B.
Should the appealing party be aggrieved by the decision
of the Board of Appeals, said party may then affect a proper appeal
to the Court of Common Pleas of Delaware County in accordance with
the laws of the Commonwealth of Pennsylvania and the Court of Common
Pleas of Delaware County.
C.
Any appeal to the Board of Appeals or any request
for a hearing filed in the office of the Borough shall stay all proceedings
of the matter complained of or appealed from unless the Borough Council,
after proper investigation, certifies that a stay of proceedings would
cause imminent peril to life, health, property, safety or the public
welfare. In such case, the proceedings shall not be stayed and the
order of the Borough Council shall be carried out.
D.
In the event that the appeal is from the hearing of
the Borough Council to the Board of Appeals, the Borough Council shall
certify to the Board of Appeals its findings and its reasons why the
stay of the matter complained of would cause the imminent peril to
life, health, property, safety or the public welfare.
The Board of Appeals shall have the following
powers:
A.
To hear and decide appeals where it is alleged that
there is any error in any order, requirement, decision or determination
made by the Borough Council in the enforcement of this chapter or
of any rule or regulation adopted pursuant thereto.
B.
To authorize, upon appeal, in specific cases, such
variance from the terms of the chapter as will not be contrary to
the public interest where, owing to certain circumstances and conditions,
literal enforcement of the provisions of the chapter will result in
unnecessary hardship, so that the spirit of the chapter shall be observed
and substantial justice done.
C.
The Board may reverse or affirm, wholly or partly,
or may modify in all or in part the order requiring a decision or
determination appealed from, and make any such order, requirement,
decision or determination as ought to be made and to that end shall
have all the powers of the Borough Council.
Notice of the decision of the Board shall be
given to all parties in interest.
A.
All members of the Electrical Examining Board and
Board of Appeals shall be appointed for a period of one year and shall
not be removed without proper cause.
B.
Should a vacancy occur either in the Electrical Examining
Board or the Board of Appeals, the vacancy shall be filled by the
Borough Council of the Borough of Prospect Park for the balance of
the year involved.
No person, firm, partnership or corporation
licensed under this chapter shall permit or allow his or its name
to be used by any person other than himself or itself, directly or
indirectly, for the purpose of obtaining a permit or the solicitation
of business, or to perform any electrical work within the Borough
of Prospect Park; and it shall be presumed that any work performed
or any permits obtained in a firm name or in the name of a party shall
be the work performed on the permit of that party so named for the
purposes of this chapter and its enforcement.
No person, other than those licensed under this
chapter, shall carry on the trade of or engage in the electrical business
or profession within the Borough of Prospect Park. No alteration,
repair, erection, installation, introduction or addition to any electrical
work, electrical materials, electrical appliances or any electrical
fixtures covered by this chapter shall be performed by anyone other
than a master electrical contractor.
A.
The introduction or use of materials, as defined in
this chapter, which do not bear the seal of approval of the Underwriters'
Laboratories is prohibited, except:
(1)
Materials required for the repair and maintenance
of traffic lights and traffic signals.
(2)
Repair or replacements for foreign-made machinery.
(3)
Temporary repairs or replacement of a similar standard
to machinery not foreign-made.
(4)
Materials and parts manufactured by the firm, partnership,
corporation or agency making the said repairs, provided that the said
repairs are to the machinery of the said firm, partnership, corporation
or agency.
(5)
Devices and materials specified as acceptable to a
public utility company for use in conjunction with measurement and
control of the electrical supply provided by said public utility.
B.
Nor shall any firm, partnership, corporation or agency
sell, offer to sell or offer to exchange any electrical materials,
electrical appliances or any other electrical equipment, whether new
or secondhand, unless such electrical materials, electrical appliances
or electrical equipment bears the seal of approval of the Underwriters'
Laboratories, except as in the exceptions listed above.
All electrical work performed within the Borough
of Prospect Park shall be governed by this chapter and by the 1975
Edition of the National Electrical Code, NFPA No. 70 — 1975.[1]
[1]
Editor's Note: Amended 4-4-1977 by Ord. No.
948, approved 4-4-1977.
A.
There is hereby created the office of Borough Electrical
Inspector.
B.
The said Borough Electrical Inspector shall be a duly
qualified electrician and a citizen of the Borough of Prospect Park.
D.
Said Borough Electrical Inspector shall be appointed
on a yearly basis by the Borough Council of the Borough of Prospect
Park, at the first official meeting of the Borough Council of the
Borough of Prospect Park.
E.
In the event of a vacancy created in the office of
the Borough Electrical Inspector, the said vacancy shall be filled
by the Borough Council of the Borough of Prospect Park for the balance
of the term involved.
A.
Any person or persons, firm or corporation violating
any of the provisions of this chapter shall, upon summary conviction
thereof, in a summary proceeding before the Mayor or any District
Justice of the Borough of Prospect Park, be sentenced to pay a fine
of not less than $25 nor more than $300 and, in default of the payment
of such fine and costs, be imprisoned in the county jail for a period
not exceeding 30 days. Each and every day upon which any person or
persons, firm or corporation violates or continues to violate the
provisions of this chapter shall constitute a separate offense.[1]
[1]
Editor's Note: Amended 4-4-1977 by Ord. No.
948, approved 4-4-1977.
B.
Conviction before a District Justice in the Borough
of Prospect Park or any other activity on behalf of any electrician
licensed under this chapter shall violate the provisions herein provided
and shall constitute grounds for the revocation of the license of
said electrician. All notices, hearings and other matters pertinent
to revocation of licenses shall be governed by the sections covering
hearings and appeals, as set forth herein above.
A.
In any case where a provision of this chapter is found
to be in conflict with a provision of any zoning, building, fire,
safety or health ordinance or code of this Borough existing on the
effective date of this chapter, the provision which establishes the
higher standard for the promotion and protection of health, welfare
and safety of the people of the Borough of Prospect Park shall prevail.
B.
In any case where a provision of this chapter is found
to be in conflict with a provision of any other ordinance or code
of this Borough existing on the effective date of this chapter which
establishes a lower standard for the promotion and protection of the
health, life, safety and welfare of the people of the Borough of Prospect
Park, the provisions of this chapter shall be deemed to prevail; and
such ordinances or codes are hereby declared to be repealed to the
extent that they may be found to be in conflict with this chapter.
