[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.]
GENERAL REFERENCES
Building construction — See Ch. 60.
Development — See Ch. 70.
Fire prevention — See Ch. 80.
Health and sanitation — See Ch. 93.
[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. 
Master electrical contractor.
B. 
Chief plant electrician.
C. 
Oil burner service dealer.
D. 
Refrigeration service dealer.
E. 
Journeyman electrician.
F. 
Apprentice electrician.
A. 
Definitions. Unless otherwise expressly stated herein, the following words shall, for the purpose of this chapter, have the meanings as indicated below:
APPRENTICE ELECTRICIAN
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.
BOARD OF APPEALS
The Board of Appeals as provided for and adopted under this chapter.
BOROUGH
The Borough of Prospect Park.
BOROUGH COUNCIL
The Borough Council of the Borough of Prospect Park.
CHIEF PLANT ELECTRICIAN
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.
CODE
The Electrical Code of the Borough of Prospect Park.
DOMESTIC ELECTRICAL APPLIANCES AND FIXTURES
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.
ELECTRICAL EXAMINING BOARD
The Electrical Examining Board hereinafter created under this chapter.
EMPLOYEE
Any employee of any electrical firm, partnership or corporation or of any individual so designated under this chapter.
INSPECTOR or INSPECTING AGENCY
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.
JOURNEYMAN ELECTRICIAN
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.
MASTER ELECTRICAL CONTRACTOR
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.
NATIONAL ELECTRICAL CODE
Specifically the 1975 Edition of the code adopted by the National Fire Protection Association as NFPA No. 70--1975.[1]
OIL BURNER SERVICE DEALER
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.
PUBLIC UTILITY COMPANY
Any corporation qualifying as a public utility under the laws and statutes of the Commonwealth of Pennsylvania.
REFRIGERATION SERVICE DEALER
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.
RULES AND REGULATIONS
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]
[1]
Editor's Note: This ordinance also provided that the original fees remain in full force and effect until the Borough Council enacts changes by resolution.
[2]
Editor's Note: The fees resolution is on file in the Borough Secretary's office.
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:
(1) 
The replacement of light bulbs, fuses or other minor repair work defined as domestic repair work.
(2) 
The connection of any portable electrical appliance or equipment to any permanently installed electric receptacle.
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] ]
[1]
Editor's Note: The fees resolution is on file in the Borough Secretary's office.
[2]
Editor's Note: This ordinance also provided that the original fees remain in full force and effect until the Borough Council enacts changes by resolution.
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.
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.
C. 
The duties of the said Borough Electrical Inspector shall be to:
(1) 
Serve on and be a member of the Electrical Examining Board as aforementioned.
(2) 
Advise the Borough Council at hearings and other proceedings.
(3) 
Issue all permits required by this chapter.
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.