[HISTORY: Adopted by the Council of the Borough
of West Chester 1-14-1987 by Ord. No. 1-1987; amended in its entirety 4-21-2004 by Ord. No.
12-2004. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Electrical Code of the Borough of West Chester."
The Borough Council of West Chester hereby adopts
the International Electrical Code- Administrative Provisions, 2003
Edition, as now and as hereafter supplemented, reissued, amended and
revised as published by the International Code Council, Inc. Not fewer
than three copies of the International Electrical Code, 2003 Edition,
are filed in the Borough's office of the Department of Building, Housing
and Codes Enforcement, and the same is hereby adopted and incorporated
as fully as if set out at length herein.
The following amendments, additions, deletions
and changes are hereby made to the ICC Electrical Code, 2003 Edition:
A.
Section 101.1 shall be amended by the deletion of
the words, "[NAME OF JURISDICTION]" and the replacement thereof with
"the Borough of West Chester."
B.
Section 202 shall be amended by deleting the definition
of "Approved Agency" and replacing it with the following definition:
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"APPROVED ELECTRICAL INSPECTION AGENT. An individual or entity that has been licensed and certified by
the Commonwealth of Pennsylvania to perform electrical inspections
and plan reviews."
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C.
Section 301.1 shall be amended to state as follows:
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"301.1 Enforcement Agency. The
Department of Building, Housing and Codes Enforcement shall be responsible
for the administration and enforcement of the provisions of this code.
The Borough and its code officials shall not perform any electrical
inspections, but instead shall rely on an approved electrical inspection
agent to perform such electrical inspections."
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D.
Section 302.5 shall be amended to state as follows:
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"302.5 Inspections.
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A.
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An approved electrical inspection agent shall
inspect the premises in which electrical work was performed pursuant
to this code and issue a certification to the Borough that such work
was performed in accordance with this code.
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B.
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No electrical work shall be concealed unless
and until it has been inspected and approved by an approved electrical
inspection agent. In addition, upon completion of the installation
of any electrical work, an approved electrical inspection agent shall
make a final inspection.
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C.
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All decisions made to determine whether or not
the proposed electrical work complies with the provisions of this
code shall be made by the approved electrical inspection agent.
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D.
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All electrical inspections shall be made promptly
and diligently by the approved electrical inspection agent and shall
take place within a maximum of five days from the receipt of an application
therefor by the person doing the electrical work. The approved electrical
inspection agent, upon completion of such inspection, shall issue
to the code official a duplicate record of approval of any inspection
or inspections showing compliance with the provisions of this code
within five working days after such inspection is completed.
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E.
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Notwithstanding the foregoing, in addition to
the inspections provided for and made by an approved electrical inspection
agency, the code official may make or cause to be made such additional
inspection or inspections, either by himself or herself or his or
her duly authorized agents, as he or she shall deem necessary to ensure
that all electrical work conforms to the provisions of this code.
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F.
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The approved electrical inspection agent or
the code official shall have the power to stop any and all electrical
work and order the removal thereof when either determines that such
work is not in conformity with the provisions of this code. Pursuant
to that power, an approved electrical inspection agent making inspection
of any electrical work shall immediately, but in no event later than
48 hours after such inspection, notify the code official of any work
that is not being installed or has not been installed in conformity
with the provisions hereof. When, in his discretion, such approved
electrical inspection agent determines an emergency to exist with
respect to any electrical installation, he shall order that all such
electrical installation shall cease forthwith and shall direct that
all improper electrical work shall be immediately corrected and the
same reinspected before further electrical installation continues.
Concurrently with such determination, the approved electrical inspection
agent shall notify the code official. Thereafter, such improperly
installed electrical work shall not be utilized or activated in any
manner until further inspection by the approved electrical inspection
agent is made and approval thereof given.
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G.
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Inspections of existing wiring and apparatus.
In order to safeguard persons and property against the hazards and
perils incident to defective electrical wiring or apparatus that may
now or hereafter be in existence within the Borough of West Chester,
it shall be the duty of the code official or an approved electrical
inspection agent designated by the code official, when requested by
the proper authorities or when public interest so requires, to inspect
any premises within the Borough, at reasonable times, in order to
determine whether the existing electrical wiring system or apparatus
is defective and unsafe. Whenever the code official or an approved
electrical inspection agent determines that the existing electrical
wiring or apparatus is defective and unsafe, as aforesaid, the system
or portions of the system which are defective and unsafe shall be
discontinued and not utilized until corrections have been made to
comply with the provisions of this code. All decisions that the existing
electrical wiring or apparatus is defective or unsafe shall be made
by the code official or an approved electrical inspection agent in
writing, and written notice thereof shall be given forthwith to the
owner and/or occupant of the premises, either personally or by regular
mail, to the property address and the owner's address as shown on
the latest tax records. Such notice shall state the nature of the
violation and the time period within which remedial action must be
taken to obtain compliance. If, at the expiration of the time allowed
for compliance, the violation has not been corrected, the code official
shall take whatever action is necessary, at law or in equity, to enforce
the provisions of this code. Such action shall not be construed to
prohibit the invocation of the penalty provisions of this code."
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E.
Section 404.2 shall be amended to state as follows:
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"Section 404.2 Permit fees. The
fee for the permit for electrical work shall be based on the total
valuation of the electrical work and shall be paid in accordance with
the fee schedule approved and adopted by Borough Council, which schedule
shall be available for public inspection at the Department of Building,
Housing and Codes Enforcement. The fee schedule shall be reviewed
and revised as necessary by the Borough Council."
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F.
Section 1003.1 shall be amended to state as follows:
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"1003.1 Penalties. Any person who
shall violate a provision of this code or shall fail to comply with
any of the requirements thereof or who shall erect, construct, alter
or repair a building or structure in violation of an approved plan
or directive of the Codes Enforcement Officer or of a permit or use
and occupancy permit issued under the provisions of this code shall
be guilty of a summary offense, punishable by a fine of not less than
$100 nor more than $1,000 per day, plus costs and attorney's fees,
and, upon default of the payment of the fine and costs, imprisonment
not exceeding 30 days. Each day that a violation continues shall be
deemed a separate offense."
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G.
Chapter 11 shall be deleted and replaced with the following:
[Amended 8-15-2012 by Ord. No. 15-2012; 9-16-2015 by Ord. No. 13-2015]
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"CHAPTER 11 MEANS OF APPEAL. The
Borough, along with five other municipalities in Chester County, is
a member of the West Chester Area Council of Governments (WCACOG)
pursuant to an intergovernmental cooperation agreement to create the
West Chester Area Council of Governments dated the 1st day of April
2003. The WCACOG has formed a Board of Appeals for the members in
the WCACOG, which Board shall hear and decide appeals of orders, decisions
or determinations made by the respective municipalities' building
official relative to the application and interpretation of the municipalities
building code and all other related codes that are published by the
International Code Council, Inc., and are referenced in Chapter 35
of the International Building Code, 2003 Edition, including this electrical
code. The Board of Appeals shall be appointed by the WCACOG and shall
be governed by rules and regulations adopted by the WCACOG pursuant
to the agreement. The Board of Appeals shall adopt rules of procedure
for conducting its business."
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In order to perform the work of any electrician,
master electrical contractor, chief plant electrician, oil burner
and gas burner service dealer, refrigeration and air-conditioner service
dealer or journeyman electrician in the Borough of West Chester, such
person must present proof that he or she was licensed by the Borough
prior to the adoption of this chapter, or has a valid license from
the International Code Council, Inc., to perform such work."
