[HISTORY: Adopted by the Mayor and Council of the Borough of Port Allegany 10-17-1974 by Ord. No. 313. Section 52-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 42.
Fire prevention — See Ch. 56.
[Amended 11-6-1995 by Ord. No. 400]
A certain document, a copy of which is on file in the office of the Borough Secretary of the Borough of Port Allegany, being marked and designated as the "National Electrical Code," as recommended by the National Fire Protection Association, particularly the 1993 Edition and subsequent editions as are from time to time recommended and maintained by the Building Official and NFPA, be and is hereby adopted as the Electrical Code of the Borough of Port Allegany in the State of Pennsylvania for the purpose of establishing rules and regulations for the installation, renewal, extension and reception of electric wiring and electric apparatus in existing buildings, structures or outdoor electrical displays or signs or in the construction, reconstruction, alteration or repair of buildings, structures or outdoor electrical displays or signs within the corporate limits of the Borough of Port Allegany, as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any.
The National Electrical Code adopted in § 52-1 hereof shall be enforced by the office of the Building Official of the Borough of Port Allegany, heretofore created by ordinance of the borough,[1] and the executive official in charge shall be known as the Building Official. The Building Official shall, upon the installation, renewal, extension and reception of any electric wiring and electric apparatus pursuant to this chapter, cause an inspection to be made by himself or his duly authorized agents, to determine that the electrical work conforms with the provisions of the National Electrical Code and this chapter and the provisions of the ordinances of this borough and the statutes of the State of Pennsylvania.
[1]
Editor's Note: See Ch. 42, Building Construction.
A. 
No persons, copartnership, firm, association, corporation or other legal entity shall hereafter install, receive, renew or extend electrical wire or conductors to be used for the transmission of electric current for electric light, heat or power purposes in existing buildings, structures or outdoor electrical displays or signs or in the construction, reconstruction, alteration or repair of buildings, structures or outdoor electrical displays or signs, without first applying for and obtaining a permit to do so pursuant to the provisions of this chapter.
B. 
All such applications for a permit shall be made to the Building Official in writing on forms supplied by said Building Official.
C. 
Any person making any false answers to any of the questions or items set forth in such application form shall forthwith forfeit and surrender any permit issued pursuant thereto.
D. 
Such application form shall contain questions designed to elicit information to determine whether or not said proposed electric wiring and electric apparatus complies with the National Electrical Code and any other ordinance of this borough or the laws of the State of Pennsylvania.
E. 
Each such application form shall be accompanied by a fee prescribed by this chapter.
F. 
Each applicant for a permit shall furnish to the Building Official proof in writing that an application for inspection of the proposed electric wiring and electric apparatus has been made to the Middle Department Association of Fire Underwriters, a nonprofit corporation, hereinafter referred to as Underwriters, or a similar organization that specializes in such inspections, to determine that the electrical work conforms to the provisions of the National Electrical Code and this chapter. The payment of an inspection fee and the charge of the Underwriters or a similar organization shall be borne by the applicant.
G. 
Each applicant for a permit shall cause the premises covered by the application to be open for inspection or inspections to the Building Official and his agents and the representatives of the Underwriters or similar organizations at all reasonable times.
H. 
Upon the Building Official's determination that the proposed electric wiring and electric apparatus comply with the National Electrical Code, the provisions of this chapter and of the ordinances of this borough and the laws of the State of Pennsylvania, a permit shall be issued forthwith.
I. 
All permits shall expire at the expiration of one year from the date of issuance by the Building Official.
A. 
All inspections shall be made to ensure that the electrical work complies with the provisions of the National Electrical Code. No electric wiring shall be concealed unless inspected and approved by the Building Official and his agents and the representative or representatives of the Underwriters or similar organizations, but such inspection or reinspection shall be made within a reasonable time after notice of the completion of the electrical work sought to be inspected for approval. A duplicate record of each written approval made by the Underwriters or similar organizations shall be filed with the Building Official.
B. 
All decisions made to determine whether or not the proposed electrical work complies with the provisions of the National Electrical Code shall be made by the Building Official.
C. 
The Building Official shall have the power to stop electrical work and order the removal thereof when he determines that such work is being installed not in conformity with the National Electrical Code and this chapter and the provisions of the ordinances of this borough and the laws of the State of Pennsylvania.
D. 
The Building Official may waive his inspection of all or that portion of the proposed electrical work of which he shall have received a duplicate record of approval by the Underwriters or similar organizations that it complies with the provisions of the National Electrical Code and this chapter. Notice of the waiver of inspection shall be served on the applicant so that the approved work can be concealed.
A. 
In order to safeguard persons and property against the hazards and perils incident to defective electric wiring and apparatus that are or may now be in existence within the corporate limits of the borough, the Building Official is hereby given the duty to inspect with his agents and the representative or representatives of the Underwriters or similar organizations, when requested by proper authority or when public interest so requires, any premises within the borough at reasonable times to ensure that the existing electric wiring system and apparatus are not defective and unsafe.
B. 
All decisions that the existing electric wiring system and apparatus are defective shall be made by the Building Official in writing by notice to the owner of the premises served forthwith personally or by regular mail addressed to the owner's address as shown on the latest tax records, with reasons for this decision.
C. 
Upon the Building Official's decision that the existing electric wiring system is defective and unsafe, as aforesaid, the system or portions of the system which are defective and unsafe shall be discontinued until corrected and made to comply with the provisions of the National Electrical Code in accordance with this chapter.
A. 
Every applicant and owner of the premises and other parties in interest shall have the right to demand in writing a hearing before the Building Official to contest any decision or order made by him. Such demand for a hearing shall be signed by the contesting party stating what portions of the Building Official's decision or orders are contested and his, her or their interest in the premises.
B. 
The Building Official shall fix a time and place for the hearing not less than 10 nor more than 30 days after receiving such demand for a hearing and cause a notice of the hearing to be served personally or by regular mail on the contestant, owner of the premises and other parties in interest.
C. 
The contestant, owner of the premises and other parties in interest shall have the right to appear, in person or otherwise, and give testimony at the hearing, and the rules of evidence prevailing in the courts shall not be controlling.
D. 
The Building Official, within a reasonable time after such hearing, shall make his decision, in writing with a finding of the facts and the reasons for his decision, and serve a copy of his decision personally or by regular mail on the contestant, owner of the premises and other parties in interest.
Only the materials, fittings and devices enumerated in the List of Inspected Appliances of Underwriters' Laboratories, Inc., as revised from time to time, shall be used in the electrical work regulated by the National Electrical Code and this chapter.
The Building Official shall have the power to modify any of the provisions of this chapter, upon application in writing by the owner of a premises or his agent, when there are practical difficulties in the way of carrying out the strict letter of this chapter, provided that the spirit of this chapter shall be observed, public safety secured and substantial justice done.
All records of the Building Official pursuant to this chapter shall be open to public inspection for good and sufficient reasons during office hours, but shall not be removed from the office of the Building Official without his written consent.
No permit shall be required under this chapter for the following electrical work:
A. 
Minor repair work, such as the replacement of lamps and fuses.
B. 
The connection of portable electrical appliances to suitable permanently installed appliances.
C. 
Equipment installed or work performed by a railway utility in the exercise of its function as a utility and located in or on its right-of-way.
D. 
Equipment used in connection with commercial radio and television transmission.
E. 
Repair, manufacturing and maintenance work on premises occupied by a firm or corporation and installation work on existing buildings occupied by a firm or corporation and performed by a regular employee who is a qualified journeyman electrician.
Fees for permits or renewals thereof required by this chapter shall be included in the fee charged for a building permit issued pursuant to the Building Code, heretofore enacted by the borough.[1]
[1]
Editor's Note: As to building permit fees, see Ch. 42, Building Construction, § 42-7.
[Amended 6-11-1979 by Ord. No. 339; 11-6-1995 by Ord. No. 400]
Any person who shall violate any of the provisions of this chapter or who shall fail to comply herewith shall, upon conviction before a District Magistrate, be guilty of a summary offense and shall be fined in an amount to be set by the Court, plus costs of prosecution pursuant to law. In the event the fine and costs are not paid, the defendant shall be sentenced to serve not more than 30 days in the McKean County Jail. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.