[Amended 6-15-1999 by Ord. No. 15-1999]
A. It is the intent and purpose of this chapter to adopt a modern electrical
code which will prescribe effective standards and minimum requirements
for the safeguarding of persons and buildings located in the City
and their contents from hazards arising from the use of electricity
for light, heat, power, radio signaling, low-voltage electrical communications,
as well as other purposes related thereto.
B. Council finds that the performance of electrical and low-voltage
electrical cabling work in the City involves a potentially serious
hazard to the health, safety and welfare of the inhabitants of the
City, and that it is necessary to regulate and license persons engaged
in such electrical and low-voltage electrical cabling work.
[Ord. No. 18-1994; amended 6-15-1999 by Ord. No. 15-1999; 9-23-2003 by Ord. No.
25-2003]
In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, as amended, 53 P.S. § 41608, and Section 4130 of the Third Class City Code, Act of June 23, 1931, as amended, 53 P.S. § 39130(b), there is hereby adopted by the City, for the purpose of prescribing specifications and standards in order to achieve the purpose for which this chapter is enacted as set forth in §
8-103.1, those certain electrical codes known as the "ICC Electrical Code, Administrative Provisions, 2003 Edition," as supplemented and published by the International Code Council, and the "National Electrical Code, 2002 Edition," as promulgated by the National Fire Protection Association, except such provisions which are in conflict with regulations promulgated by the Pennsylvania Department of Labor and Industry interpreting the Uniform Construction Code pursuant to Section 301 of the Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, 35 P.S. § 7210.301, or any other state law on the subject or regulations issued by a state agency by virtue of a state law. Ten copies of the adopted Electrical Code are presently on file in the office of the City Clerk, and such code is hereby incorporated as fully as if set forth at length herein. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the limits of the City, except as modified herein and any subsequent amendments hereto.
[Ord. No. 18-1994; amended 9-23-2003 by Ord. No. 25-2003]
The Department of Building and Housing Development, or any other
department, bureau or division of the City designated by the Mayor,
shall administer and enforce this chapter or any part thereof, and
the executive official in charge thereof shall be known as the "Codes
Administrator." All technical interpretations of the Electrical Code
shall be made by the Codes Administrator or designee.
[Ord. No. 18-1994]
Any person, firm, corporation, association, or other entity aggrieved by a ruling, decision or action of any department, bureau or division of the City in regard to the administration or enforcement of any of the provisions of this Electrical Code, except for those concerning license issuance and revocation, may appeal the ruling, decision or action complained of to the Building and Housing Code Board of Appeals of the City of Harrisburg in the manner and in accordance with the procedures set forth in Chapter
8-501. Appeals regarding license issuance and revocation are to be filed with the Electrical Code Advisory and Licensing Board of the City, pursuant to §
8-103.13.
The department, bureau or division of the City designated by
the Mayor to administer and enforce this chapter, through its duly
authorized agents, shall make or cause to be made inspections to determine
the conditions of buildings, structures or work in order to make certain
that the construction work being performed on all buildings and structures
within the City complies with the provisions of this chapter. Any
such representative is authorized to enter any building or structure
and to inspect any work being performed, at any reasonable time, for
the aforesaid purpose. The owner, operator or occupant of any such
building or structure and the person in charge of any work being performed
within the City shall give the aforesaid representative access thereto
and to all parts at all reasonable times for the purposes of such
inspection.
[Ord. No. 18-1994]
Electrical installations and all subsequent additions shall
be inspected and approved by an inspector authorized by the Codes
Administrator or designee before connections are made for service
from any local utility company.
If any owner, operator or occupant of any building or structure,
or the person in charge of any work being performed within the City,
refuses, impedes, inhibits, interferes with, restricts, or obstructs
entry and free access to any part of the building, structure, or work
where an inspection authorized by this chapter is sought, the representative
of the City attempting to make the inspection may seek to have issued
a search warrant by a competent issuing authority for the purpose
of compelling such owner, operator, occupant, or person in charge
of any work to permit an inspection of the building, structure or
work involved for the purpose of determining whether any provision
of this chapter is being violated.
[Ord. No. 18-1994; Ord. No. 15-1995; amended 6-15-1999 by Ord. No. 15-1999]
As used in this chapter, certain terms are defined as follows,
unless the content clearly indicates otherwise:
APPRENTICE ELECTRICIAN
A person who, prior to July 1, 1974, has been issued an apprentice
electrician's certificate or license or who, subsequent thereto, is
issued such a license or certificate by the Licensing Board by demonstrating
to such Board his or her skill and that he or she is learning the
electrical trade by working and assisting a journeyman or a master
electrician or by fulfilling all the qualifications established by
the Licensing Board for the issuance of such certificate or license,
which qualifications shall be set forth in the rules and regulations
promulgated by such Electrical Code Advisory and Licensing Board.
BOARD
The Building and Housing Code Board of Appeals, as defined in Chapter
8-501 of the Codified Ordinances, unless otherwise indicated.
BUREAU
The Bureau of Codes Enforcement, Department of Building and
Housing Development, of the City.
ELECTRICAL CONTRACTOR
Any person who offers to contract as an independent contractor
with another to do electrical work which may require a permit under
the provisions of the Electrical Code. This term does not include
public electric utilities.
ELECTRICAL INSPECTOR
A person holding an electrical inspection license and employed
by an electrical inspection agency recognized by a local utility.
ELECTRICAL INSPECTOR'S LICENSE
A license issued by the Bureau of Codes Enforcement to a
person who has met the qualifications of the Licensing Board and has
passed the required examination.
JOURNEYMAN ELECTRICIAN
Any person who has passed a journeyman electrician's examination
and qualified and registered in accordance with the terms of this
chapter and under the rules and regulations of the Licensing Board,
or one who is the holder of a journeyman electrician's license.
JOURNEYMAN ELECTRICIAN'S LICENSE
A license issued to a journeyman electrician, as herein defined,
who, by passing the required examination and tests, has qualified
as a person competent to be a journeyman electrician.
LOW-VOLTAGE ELECTRICAL LICENSE
The license issued by the Bureau of Codes Enforcement to
a contractor installing telecommunications equipment in both residential
and nonresidential properties, including telephone systems, television
and satellite communications systems, signaling systems, computer
systems, communications links, fiber optics, alarm systems, or any
system designed to carry information, rather than electricity for
the purposes of heat, power or light and to provide for the designation
of those companies which are allowed to perform this work in the City.
Every applicant shall furnish such information as the Electrical Code
Advisory and Licensing Board may require prior to issuance of a license.
No test is required.
MASTER ELECTRICIAN
Any person licensed by the City who, within the City, engages
in or carries on the business of installing, erecting, altering, extending,
maintaining, or repairing electrical wiring, apparatus, fixtures,
devices, appliances, or equipment utilized or designated for the utilization
of electricity for light, heat or power purposes or for signaling
systems and who carries on such business as an independent contractor
having the final determination and the full responsibility for the
manner in which the work is done, for the materials used and for the
selection, supervision and control of journeyman electricians and
apprentices employed on the work engaged in by such person. A partnership
or corporation may engage in such business only through a licensed
individual.
MASTER ELECTRICIAN'S LICENSE
A license issued to a master electrician, as herein defined,
who, by passing the required examination and tests, has qualified
as a person competent to be a master electrician.
A.
In the case of a partnership, the required examination and tests
shall be taken and passed by at least one partner and the master electrician's
license issued to him or her as a representative under the license
issued to the partnership.
B.
In the case of a corporation, the required examination and tests
shall be taken and passed by an officer of the corporation and the
master electrician's license issued to him or her as a representative
under the license issued to the corporation.
RESIDENTIAL PROPERTY OWNER
A person who is the owner or co-owner of a building which
contains no more than three dwelling units and is limited to residential
use.
RESIDENTIAL PROPERTY OWNER ELECTRICIAN'S LICENSE
A license issued to a residential property owner who, by
passing an examination satisfactory to the Licensing Board, has qualified
as a person competent to perform electrical work in property of which
said person is the residential property owner and which property is
serviced by a single-phase two-hundred-amp service for multifamily
dwellings of three units or less. A Class A residential property owner
electrician's license shall be issued to an owner-occupant who swears
or affirms at the time of applying for such license that all work
shall be limited to a single-family residence occupied by said owner.
A Class B residential property owner electrician's license shall be
issued to all other residential property owners applying for such
license.
SPECIAL LICENSE
The license issued by the Codes Administrator to a person
or firm not normally doing electrical work in the City upon presentation
of proper credentials, which shall include an electrician's license
equivalent to a master electrician's license as issued by the Bureau
of Codes Enforcement. The special license shall be for a specific
job or construction project, and its validity will terminate upon
completion of this work. Should such firm or individual desire to
obtain further work in the City, he or she shall be required to fulfill
all requirements as defined by this chapter.
[Amended 6-15-1999 by Ord. No. 15-1999; 10-8-2002 by Ord. No.
19-2002; 11-28-2006 by Ord. No. 14-2006]
A. No person shall engage in the performance of electrical work in the
City either on such person's behalf or on behalf of another person,
where permitted, without first obtaining a license from the Bureau
of Codes Enforcement, except that a residential property owner may
replace lighting fixtures, wall- or ceiling-mounted, duplex receptacles
or switches in an existing electrical system without a license so
long as nothing more is required to perform the task than disconnection
of existing mechanical connectors and reconnection with new devices
or fixtures in place. Circuit breakers or fuses may also be replaced.
B. No license shall be issued or renewed by the Bureau unless the applicant
files an application, on forms supplied by the Bureau, setting forth:
(1)
Name and address of the applicant;
(2)
Trade name and business address of the applicant, if applicable;
(3)
City mercantile license number of the applicant, if applicable;
(4)
Satisfactory proof of insurance, such as general liability insurance
and workers' compensation insurance, if applicable;
(5)
Proof of any technical school training in electrical/telecommunications
work received by the applicant;
(6)
Proof of the amount of practical experience received in electrical/telecommunications
work by the applicant;
(7)
City, state and federal employer identification number, if applicable;
and
(8)
Such other information the Bureau deems necessary to determine
the eligibility of the applicant.
C. Before any license is issued or renewed to an approved applicant,
the applicant shall pay a fee to the City Treasurer as follow:
|
License Type
|
Fee
|
---|
|
Electrical inspector
|
$125
|
|
Master
|
$125
|
|
Journeyman
|
$100
|
|
Apprentice
|
$50
|
|
Special
|
$150
|
|
Residential property owner
|
|
|
|
Class B
|
$75
|
|
|
Class A
|
$45
|
|
Communications cabling company
|
$125
|
|
Communications installer
|
$100
|
D. No license shall be transferable.
E. An application for a change of license from special to master electrician
shall be granted only upon compliance by the special electrician with
all applicable provisions of this chapter.
F. Each license shall be valid for the calendar year during which it
is issued, and the full fee shall be payable irrespective of the date
of issuance.
G. Any license issued hereunder may be renewed without examination,
provided application for such renewal is accompanied by the renewal
fee prescribed above. Where an applicant can show good and sufficient
cause for inability to renew a license before January 1 of any year,
the Codes Administrator may, within 30 days thereafter, permit the
issuance, without examination, of a new license upon payment of the
prescribed fee, plus a late fee of $30, for such new license within
such 30 days.
[Amended 11-25-1997 by Ord. No. 16-1997; 6-15-1999 by Ord. No.
15-1999; 11-28-2006 by Ord. No. 14-2006]
A. No license shall be issued unless the applicant presents evidence
that he/she has passed the written examination corresponding to the
type of license for which he/she has applied, as administered by the
International Code Council. The Bureau may grant a license without
examination to the holder of a substantially equivalent license from
another jurisdiction in Pennsylvania upon being satisfied that the
standards and qualifications required by the other jurisdiction are
substantially equivalent to those required by the code and upon the
payment of the applicable fee.
B. An applicant for a Class A residential property owner electrician's license, as defined in §
8-103.8, who, at the time of the application, is the holder of a valid, nonrevoked and nonsuspended journeyman or master electrician's license from the City of Harrisburg may be issued a Class A residential property owner electrician's license without first passing the written examination required for a Class A residential property owner electrician's license. A Class A residential property owner electrician's license issued under this subsection is valid only so long as the holder's journeyman or master electrician's license is valid, nonrevoked and nonsuspended and shall not be valid for more than one year from the date of issue.
[Amended 6-15-1999 by Ord. No. 15-1999]
At the time of filing an application for a license, each applicant
shall register for the appropriate type of licensing examination,
if required, and shall pay the fee prescribed herein for each examination.
Fees paid for licensing examinations shall be nonrefundable for any
reason. The examination fee submitted for an examination upon which
the applicant obtains a passing mark shall be credited on account
for such license. Fees for examination shall be as follows:
Examination Type
|
Fee
|
---|
Master electrician
|
$45
|
Journeyman electrician
|
$30
|
Residential property owner electrician
|
|
|
Class A
|
$5
|
|
Class B
|
$20
|
[Amended 6-15-1999 by Ord. No. 15-1999]
A. Any person who fails to pass an examination given pursuant to an
application for the issuance of a master, journeyman, or residential
property owner electrician's license may apply for a reexamination
after the expiration of 30 days from the date on which written notice
of failure was directed to such person and upon payment of a reexamination
fee, which is not refundable. Subsequent reexamination may be applied
for and given after the expiration of succeeding thirty-day periods
and upon payment of the appropriate reexamination fee. The fee submitted
for a reexamination upon which the applicant ultimately obtains a
passing grade shall be credited on account for such license. Fees
for reexamination shall be as follows:
|
Reexamination Type
|
Fee
|
---|
|
Master electrician
|
$30
|
|
Journeyman electrician
|
$20
|
|
Residential property owner electrician
|
|
|
|
Class A
|
$5
|
|
|
Class B
|
$20
|
B. Inactive license. Electricians who are inactive or without work within
the City may maintain their licenses in good standing by paying the
standard renewal fees but need not maintain their mercantile license
or liability insurance. Upon returning to work within the City, electricians
shall be issued licenses upon proof of the renewal of their mercantile
license and liability insurance and payment of license fees for all
years of inactivity.
[Added 9-23-2003 by Ord. No. 25-2003]
[Ord. No. 18-1994; amended 6-15-1999 by Ord. No. 15-1999]
A. The Codes Administrator or designee may reprimand, suspend or revoke
any license issued pursuant to this chapter, or any license issued
by the City prior hereto, for any violation of this code or any rule
or regulation issued pursuant thereto.
B. Notice of such action shall be served personally upon the licensee
or agent of said licensee at the place of business of the licensee
in the City or personal residence, if located in the City. If the
licensee neither maintains a place of business nor resides within
the City, then the notice shall be mailed to the licensee, addressed
to the last known residence or place of business, by certified mail,
return receipt requested, and by regular mail.
C. The licensee against whom action to suspend or revoke a license was
initiated may appeal, within 20 days of the date of the notice, to
the Licensing Board, listing in detail the reason or reasons the action
of the Codes Administrator was improper or circumstances which would
mitigate against it.
D. The Licensing Board shall convene a hearing of the facts of the matter
within 30 days following receipt of the appeal.
E. At the hearing, the licensee shall be given an opportunity to present
testimony, oral or written, and shall have the right of cross-examination
of witnesses and representation by counsel. All testimony shall be
preserved by sound recording under oath. The Licensing Board shall
have power to administer oaths, issue subpoenas and compel the attendance
of witnesses. The decision of the Licensing Board shall be in writing
and based upon evidence produced at the hearing and made a part of
the record thereof. A copy of said decision shall be provided to the
licensee and to the Codes Administrator and shall be issued within
30 days from the date of the hearing.
F. A person whose license has been revoked shall not be permitted to
apply for a new license within one year from the date of revocation.
However, a person whose license revocation has been sustained by the
Licensing Board may appeal such revocation to the courts in accordance
with the provisions of the Local Agency Law, 2 Pa.C.S.A. §§ 105,
551 to 555 and 751 to 754, as amended. If the decision of the Licensing
Board is finally reversed, the license shall be reinstated. Any court
may grant a supersedeas, whereby the license of an appellant is restored
pending a final determination of the appeal. A person whose license
has been revoked and who is applying for a new license shall be reexamined
and pay such fees as are prescribed in this chapter.
Upon notice from the Bureau of Codes Enforcement that electrical
work on any building or structure is being done contrary to the provisions
of this chapter or in an unsafe or dangerous manner, such work shall
stop immediately. The stop-work order shall be in writing and shall
be given to the owner of the property involved, or to the owner's
agent and to the person doing the work, and shall state the conditions
under which work may be resumed.
Any person who continues any electrical work in or about a building or structure after having been served with a stop-work order, except such work as he or she is directed to perform to remove a violation or unsafe condition, shall, upon conviction therefor, be subject to the penalties set forth in §
8-103.99.
[Amended 9-23-2003 by Ord. No. 25-2003]
A. Any person, whether individually or as a member or employee of a
partnership, or any officer, agent or employee of a corporation who
directs or knowingly permits any violation of any of the provisions
of the sections of this Electrical Code, or who aids or assists therein,
either on his/her own behalf or in the interests of his/her employer
or principal, or who fails to comply with any order made thereunder,
or who builds in violation of any detailed statement of specifications
or plans submitted and approved in accordance with this code or any
certificate of approval issued thereto and from which no appeal has
been taken, or who fails to comply with such order as affirmed or
modified by the City shall, upon conviction thereof, severally and
for each violation and noncompliance, respectively, be fined not less
than $50 nor more than $1,000, plus costs, or shall be imprisoned
in the Dauphin County Prison for not more than 90 days for each separate
violation, or both. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue, and all persons
required to do so shall correct and remedy violations or defects within
a reasonable time, and, when not otherwise specified, each five days
that the prohibited conditions are maintained shall constitute a separate
offense.
B. The application of the above penalty shall not prevent the enforced
removal of the prohibited conditions or device or any other remedy
at law or equity available to the City for enforcement of this chapter.