[HISTORY: Adopted by the Board of Commissioners of the Township of
Lower Merion 9-17-1975 by Ord. No. 1746.
Amendments noted where applicable.]
As used in this chapter and in the code adopted hereby, the following
terms shall have the meanings indicated:
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.
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]
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.
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]
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]
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]
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."
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.
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]
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.
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]
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]
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.
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.
[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.
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]
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.
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.
