There is hereby adopted by the Town of Cumberland, for the purpose
of establishing rules and regulations governing the practical safeguarding
of persons and of buildings and their contents from hazards arising
from the use of electricity for light, heat, power, radio, signaling,
and for other purposes, including permits and penalties, that certain
electrical code known as the "National Electrical Code" and the whole
thereof, save and except such portions as are herein deleted, modified
or amended, of which not fewer than three copies were filed with the
Town Clerk of Cumberland at least 30 days prior to adoption of this
chapter and which are on file in said office, and the same is hereby
adopted and incorporated as fully as if set out at length herein,
and from the date on which this chapter shall take effect, the provisions
thereof shall be controlling within the corporate limits of the Town
of Cumberland.
The office of Electrical Inspector is hereby created in accordance
with the Administrative Code, Town of Cumberland, and the executive
officer in charge shall be known as the "Electrical Inspector" who
shall be appointed in accordance with the Administrative Code, Town
of Cumberland.
The Electrical Inspector shall have jurisdiction within the
corporate limits of the Town of Cumberland, which shall include but
not be limited to the thickly settled portion of the Town.
An appeal may be taken from any order of the Electrical Inspector
to the State of Maine Electricians Examining Board and from the Board
to the courts in accordance with statutory law.
The Electrical Inspector or any employee charged with the enforcement
of this code, acting in good faith and without malice for the Town
in the discharge of his duties, shall not thereby render himself liable
personally and he is hereby relieved from all personal liability for
any damage that may occur to persons or property as a result of any
act required or by reason of any act or omission in the discharge
of his duties. Any suit brought against the Electrical Inspector or
employee because of such act or omission performed by him or her in
the enforcement of any provisions of this code shall be defended by
the Legal Department of the Town until final termination of the proceedings.
The Electrical Inspector, in the discharge of his official duties
and upon proper identification, shall have authority to enter any
building, structure, or premises at any reasonable hour.
Electrical permit fees collected by the Electrical Inspector,
or his duly authorized agent, will be deposited with the Town Treasurer
in a form and manner to be determined by said Treasurer. In all instances
where work is started without a permit, an additional late fee shall
be paid prior to the issuance of the permit. Fees shall be set by
order of the Town Council.
All electrical wiring, apparatus or appliances for furnishing
light, heat, or power shall be in strict conformance with the Electrical
Code, the statutes of the State of Maine and approved methods of construction
for safety to life and property.
No wiring in new construction or in existing structures shall
be installed without first obtaining a permit from the Electrical
Inspector and paying the stipulated permit fee. In cases of wiring
in new construction, no connection to the source of power supply shall
be made unless and until the Electrical Inspector shall have examined
the completed installation and approved of the material and workmanship
of the installation.
Unless otherwise specifically provided, whenever a section of
this chapter conflicts with any section of any other ordinance, code,
or regulation, the section which imposes the more stringent requirement
or mandates the greater degree of safety shall have precedence.
The invalidity of any section or provision of this chapter or
of the Electrical Code hereby adopted shall not invalidate other sections
or provisions thereof.
Any person or persons, firm or corporation, being the owner
or having control of any building or structure or part thereof, who
or which violates any of the provisions of the Electrical Code, or
fails to conform to any of the provisions hereof, or fails to obey
any order of any officer charged with the enforcement of the provisions
of the Electrical Code in relation to the matters and things herein
contained, or any architect, engineer, contractor, builder, subcontractor,
foreman, plumber, carpenter, electrician, employee, or other person
who shall assist in the violation of this Electrical Code, or of any
certificate, order, or permit thereunder, shall be guilty of a misdemeanor
and, upon conviction thereof, shall be subject to a fine of not more
than $100. Each and every day on which the person or persons, firm,
or corporation continues to violate the provisions of this chapter,
after having been notified of such violation, shall constitute a separate
offense.