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Township of Lower Merion, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Merion 9-17-1975 by Ord. No. 1746. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 51.
Building construction — See Ch. 62.
Rules and regulations of the Electrical Examining Board — See Ch. A166.
Fees — See Ch. A167.
As used in this chapter and in the code adopted hereby, the following terms shall have the meanings indicated:
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 Examining Board.
APPROVED INSPECTING AGENCY
Alan Blau Electrical Inspection, Inc., Atlantic-Inland, Inc., Burns Electrical Inspection Service, Inc., Codes Inspections, Inc., Lancaster and Suburban Electrical Inspector Co., Lehigh Valley Electrical Inspection Service, Middle-Atlantic Electrical Inspection Service, Inc., Middle Department Inspection Agency and such other inspecting agency or agencies as shall hereafter be approved by resolution of the Board of Commissioners.
[Amended 1-19-1994 by Ord. No. 3344]
CHIEF PLANT ELECTRICIAN
Any person who shall have qualified and registered as a chief plant electrician in accordance with the terms of this chapter and under the rules and regulations of the Examining Board.
CODE OFFICIAL
The Superintendent of Building Inspection or his duly authorized representative or agent (also known as "Director of Building and Planning").
[Amended 1-19-1994 by Ord. No. 3344; 1-19-2002 by Ord. No. 3631]
ELECTRICAL WORK
Any installation, construction, alteration or assembly of any device, equipment, apparatus or any other object which is used or intended to be used for the transmission of an electrical energy or impulse, except when performed by or on behalf of any regulated public utility or regulated radio or television transmissions system on equipment, cables or wires or equivalent facilities or on electrical circuits connected to or supported by such equipment or facilities if the use of the equipment or facilities is required in the operation of or services rendered by the regulated entity. Electrical work shall not include the manufacturing of any device, equipment, apparatus or other object used or intended to be used for the transmission of an electrical energy or impulse, nor shall it include the installation of protective signaling devices regulated by Chapter 51, Alarm Systems, of the Code of the Township of Lower Merion. Electrical work shall include electrical wiring systems connected to air-conditioning equipment and swimming pools.
[Amended 4-15-1987 by Ord. No. 3046]
JOURNEYMAN ELECTRICIAN
Any person who is qualified and registered in accordance with the terms of this chapter and under the rules and regulations of the Examining Board.
[Amended 1-19-1994 by Ord. No. 3344]
MASTER ELECTRICAL CONTRACTOR
Any person, firm or corporation who shall have qualified and registered as a master electrical contractor in accordance with the terms of this chapter and under the rules and regulations of the Electrical Examining Board hereinafter created and hereinafter referred to as the "Examining Board."
MASTER ELECTRICIAN LIMITED SPECIAL
Any person who shall have qualified and registered as a master electrician limited special to perform electrical repairs and/or replacement to a single-family dwelling, but shall not include new electrical service or equipment.
NATIONAL ELECTRICAL CODE
That document known as the "1993 Edition of the National Electrical Code" adopted by the National Fire Protection Association at its annual meeting held May 21, 1992, in New Orleans, Louisiana.
[Amended 5-17-1978 by Ord. No. 1820; 1-19-1994 by Ord. No. 3344]
OIL BURNER AND GAS BURNER SERVICE DEALER
Any person, firm or corporation who shall have qualified and registered as an oil burner and gas burner service dealer in accordance with the terms of this chapter and under the rules and regulations of the Examining Board.
REFRIGERATION SERVICE DEALER
Any person, firm or corporation who shall have qualified as a refrigeration service dealer in accordance with the terms of this chapter and under the rules and regulations of the Examining Board.
[Amended 1-19-1994 by Ord. No. 3344]
A. 
The Examining Board shall consist of five qualified persons appointed by the Board of Commissioners. Such persons may be electrical contractors, electrical engineers or electrical teachers of trade schools.
B. 
The members of the Examining Board shall hold office for a period of three years or until their successor or successors are duly qualified in office; provided, however, that the original members of the Examining Board shall be appointed to hold office for terms of one, two and three years, respectively.
C. 
Three members of the Examining Board shall constitute a quorum for the transaction of any and all business.
D. 
The Examining Board shall hold meetings as frequently as the proper and efficient discharge of its business shall require or for the purpose of considering and disposing of all applications for licenses for master electrical contractor or electrician, oil and gas burner service dealer and refrigeration service dealer.
E. 
The Examining Board shall formulate and publish rules and regulations for the examination, registration and licensing of master electrical or master electricians limited special, chief plant electricians, oil and gas burner service dealers and refrigeration service dealers.[1]
[1]
Editor's Note: For current rules and regulations of the Examining Board, see Ch. A166, Electrical Examining Board: Rules and Regulations.
F. 
The Examining Board or the Code Official may revoke the license of any firm or individual who fails to comply with this chapter.
A. 
Any person, firm or corporation desiring to engage in the business or occupation of a master electrical contractor or master electrician limited special, chief plant electrician, oil and gas burner service dealer, refrigeration service dealer, journeyman electrician or apprentice electrician shall apply to the Examining Board for a license and registration as herein required, and said applicant's application shall be presented to the Examining Board at a time and place fixed by the Board wherein his qualifications and knowledge shall be inquired into. If the Examining Board shall find, upon the examination, that the applicant presenting himself has a reasonable knowledge of electricity and the natural laws and functions of electrical energy and of the provisions of the regulations of the National Board of Fire Underwriters for electric wiring and apparatus, in accordance with the current edition of the National Electrical Code, and is possessed of skill and knowledge in matters pertaining to the science of electricity sufficiently to discharge the profession as a master electrical contractor or master electrician limited special, chief plant electrician, oil and gas burner service dealer, refrigeration service dealer, journeyman or apprentice electrician, then the Examining Board, upon proof of the payment of the fee provided for, shall issue to said person, firm or corporation a license as a master electrical contractor or master electrician limited special, chief plant electrician, oil and gas burner service dealer, journeyman or apprentice electrician, as the case may be. Such license shall continue in full force and effect following an issuance to and including the 31st day of December in the year of its issuance, unless sooner revoked.
[Amended 1-19-1994 by Ord. No. 3344]
B. 
Applications for an examination and license shall be accompanied by proof that the proper fee, as provided for in the Township Schedule of Fees, as adopted and amended from time to time by the Board of Commissioners,[1] has been paid to the Township Treasurer.
[Amended 9-21-1977 by Ord. No. 1802]
[1]
Editor's Note: For the current schedule of fees, see Ch. A167, Fees.
C. 
Any applicant who is unsuccessful in passing the examination prescribed by the Examining Board will be permitted to take a reexamination, not less than 60 days after the date of his unsuccessful examination, without payment of any additional fee. If he shall be unsuccessful upon reexamination, he shall not apply for further examination for a period of six months, and such reapplication shall be accomplished with the proof of the payment of the fee as if the application were an original application.
D. 
The license herein provided shall expire December 31 of the year for which it is issued.
E. 
A master electrical contractor or master electrician limited special, chief plant electrician, oil burner and gas burner service dealer, refrigeration service dealer, journeyman electrician or apprentice electrician, as the case may be, desiring to continue to practice the profession or trade for the year following the expiration of his license shall, between the first and 31st day of December of each and every year, surrender his license for the then-current year to the Secretary of the Examining Board, who shall forthwith, upon proof of the payment of the fee hereinafter provided, issue to the applicant a proper license for the ensuing year.
F. 
Fees for renewal of licenses shall be as set forth in the Township Schedule of Fees, as adopted and amended from time to time by the Board of Commissioners.
[Amended 9-21-1977 by Ord. No. 1802][2]
[2]
Editor's Note: For the current schedule of fees, see Ch. A167, Fees.
G. 
Any person, firm or corporation duly licensed by another Township or municipality in Pennsylvania which has adopted an ordinance substantially identical to this chapter and containing a reciprocity provision shall be permitted to operate in the Township of Lower Merion upon making application for a license accompanied by proof that the proper fee has been paid to the Township Treasurer.
[Amended 5-17-1978 by Ord. No. 1820; 1-19-1994 by Ord. No. 3344; 3-18-1998 by Ord. No. 3479; 1-19-2002 by Ord. No. 3629; 6-16-2004 by Ord. No. 3714]
A certain document, three copies of which have been and are presently on file in the office of the Township Secretary or the Building and Planning Department of the Township of Lower Merion, being marked and designated as the "ICC Electrical Code" published by the International Code Council, has been adopted as the Electrical Code of the Township of Lower Merion as provided in Chapter 143 hereof, Uniform Construction Code. Each and all of the regulations of the ICC Electrical Code are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the following additions, insertions, deletions and changes.
A. 
In Section 101.1, Title, insert "Lower Merion Township" in the (name of jurisdiction) blank.
B. 
In Section 404.2, Fees, insert "Fees for all electrical work shall be as indicated in Chapter A167" in the (appropriate schedule) blank.
[Amended 6-16-2004 by Ord. No. 3714]
Any electrical work in the Township shall be performed in accordance with the requirements and standards of the ICC Electrical Code and this chapter.
[Amended 1-19-1994 by Ord. No. 3344]
No person shall perform any electrical work in the Township unless he first obtains a permit from the Code Official. An applicant for a permit shall make application on a form supplied by the Township setting forth:
A. 
The nature of the electrical work to be performed.
B. 
The place where the electrical work will be done.
C. 
Plans and specifications for the electrical work to be done. Electrical drawings will be required for all new commercial, public and industrial buildings and apartments, signed by an architect or a professional electrical engineer qualified in the commonwealth to prepare such final drawings, plans and specifications, unless the estimated cost of electrical work is less than $7,500.
D. 
The name and address of the person who will perform the electrical work.
E. 
Any other information which the Code Official deems necessary or desirable.
The provisions of the National Electrical Code and this chapter shall not apply to:
A. 
The replacement of light bulbs or fuses or other minor repair work.
B. 
The connection of any portable electrical appliance to any permanently installed electrical receptacle.
A. 
Permit fees. Applicants for permits to be issued under this chapter shall pay, at the time of application to the Township Treasurer, the fees prescribed in the Township Schedule of Fees, as adopted and amended from time to time by the Board of Commissioners.[1]
[Amended 9-21-1977 by Ord. No. 1802]
[1]
Editor's Note: For the current schedule of fees, see Ch. A167, Fees.
B. 
Annual permits.
(1) 
Annual permits for the routine repairs, maintenance and replacement of electrical work and equipment may be issued to owners or occupants of a building regularly employing one or more electricians on the premises.
(2) 
Prior to the issuance of any annual permit, a complete list of all predesignated sites shall be determined by the Examining Board.
(3) 
Each holder of an annual permit shall maintain a record of all work in the nature of replacement of repairs.
[Amended 1-19-1994 by Ord. No. 3344]
A. 
Inspections and tests to determine whether the provisions of the National Electrical Code and this chapter have been complied with shall be made by the Code Official or an approved inspecting agency, or both. Upon completion of any electrical work, if inspections or tests are done by an approved inspecting agency, a certificate of inspection and approval issued by such inspection agency shall be furnished to the Code Official not later than 15 days after completion of the installation of the electrical work. A contractor will not be issued another permit to work in Lower Merion Township if a final inspection card has not been submitted for all previous permits which have been outstanding for more than 15 days after the completion of the electrical work. Schedules of the fees charged by each inspecting agency shall at all times be kept on file in the office of the Code Official and open to public inspection.
B. 
All decisions as to whether or not electrical work complies with the provisions of the National Electrical Code and this chapter shall be made by the Code Official, who is hereby authorized to stop any electrical work in process and order the removal thereof if he shall determine that such work is not being installed in conformity with the provisions of the National Electrical Code and this chapter.
C. 
The Code Official is hereby authorized to waive inspection of a portion of or all electrical work for which he shall have received a duplicate record of approval from an approved inspecting agency certifying that such work complies with the provisions of the National Electrical Code and this chapter. Notice of such waiver of inspection shall be given to the applicant so that the approved work can thereafter be concealed.
D. 
The Code Official shall not accept any certificate of inspection from an inspecting agency which has not been approved by resolution of the Board of Commissioners, which will investigate the qualifications, method of operation, completeness of inspectional activity and type of report before approving such agency. The Code Official shall establish regulations for the qualification of electrical inspection agencies authorized to perform electrical inspections in Lower Merion Township, which qualification shall include certification of inspectors by a nationally recognized testing agency. These regulations shall be approved by resolution of the Board of Commissioners.
E. 
The Code Official may enter and examine any building or premises at reasonable times and shall have free and unhindered access thereto for the purpose of inspecting the same.
[Amended 1-19-1994 by Ord. No. 3344]
A. 
The Code Official may revoke any permit when:
(1) 
Any work for which a permit is granted is done in violation of the National Electrical Code of this chapter, or of the approved final drawings therefor, or in an unsafe and dangerous manner.
(2) 
Any condition of the permit is violated.
(3) 
Active work thereunder is not commenced within six months from the date of issuance.
B. 
When the Code Official determines that grounds exist for the revocation of a permit, he shall serve notice upon the holder of such permit, stating the nature of the violation and that compliance with all requirements shall be achieved within 30 days of receipt of notice. The notice may also prescribe a course of remedial action.
C. 
If, at the expiration of the time allowed for compliance, the violation has not been corrected, the Code Official shall revoke the permit.
[Amended 9-21-1977 by Ord. No. 1802; 1-19-1994 by Ord. No. 3344]
A. 
In order to safeguard persons and property against the hazards and perils of existing defective electrical wiring, apparatus or equipment, the Code Official is hereby given the authority and the duty to inspect, at reasonable times, any building, structure (including a swimming pool) or premises in the Township to determine whether any electrical work theretofore installed therein is defective or unsafe.
B. 
If the Code Official shall determine that any electrical work in any building, structure (including a swimming pool) or premises is in an unsafe and dangerous condition or not in compliance with the provisions of the National Electrical Code or this chapter, the portion of the existing work which is defective or unsafe shall be discontinued and made to comply with the provisions of the National Electrical Code and this chapter. He shall serve notice upon the owner or occupant thereof, stating the nature of the violation and the compliance with all requirements shall be achieved within the period of time specified in the notice. The notice may also prescribe a course of remedial action.
C. 
If, at the expiration of the time allowed for compliance, the violation has not been corrected, the Code Official shall institute proceedings, as provided in § 72-15 hereof, to collect from the owner or occupant the fines or penalties specified for violations of this chapter.
The installation and maintenance of fluoroscope, X-ray or other electrical apparatus so constructed or so used as to interfere with the communications of the Police Department, the Fire Department or the Public Works Department of the Township is hereby prohibited.
[Amended 1-19-1994 by Ord. No. 3344]
An appeal from any decision of the Building Superintendent, Code Official or his agent may be taken to the Examining Board. The Examining Board's decision shall be a recommendation to the Building and Planning Committee, which shall render a final decision. Appeals from the Building and Planning Committee decision shall be to the Montgomery County Court of Common Pleas. Such appeal shall be made, in writing, within 10 days after such decision has been made, shall be verified by affidavit and filed with the Township Secretary. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. A prompt recommendation of such appeal shall be made by the Examining Board. In making its decision, the Examining Board may vary or modify any provision of this chapter where there are practical difficulties in the way of executing the strict letter of the law, so that the spirit of the law shall be observed, public safety secured and substantial justice done. This recommendation shall be forwarded to the Building and Planning Committee for a hearing at its next monthly meeting. Every action of the Building and Planning Committee on such appeals shall be by resolution, copies of which shall be certified to the Code Official and the appellant.
Any electrical work performed contrary to the provisions of the National Electrical Code or this chapter shall be a common or public nuisance and shall be abatable as such.
[Amended 9-21-1977 by Ord. No. 1802; 8-3-1988 by Ord. No. 3104; 1-19-1994 by Ord. No. 3344]
Any person who shall perform any electrical work contrary to the provisions of the National Electrical Code or this chapter or who shall fail to comply with any regulation, order or direction of the Code Official shall be liable, on conviction thereof, to a fine or penalty not exceeding $1,000 for each and every offense; and whenever such person shall have been notified by the Code Official or by service of summons in a prosecution or in any other way that he is committing such violation of this chapter, each day in which he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.