[HISTORY: Adopted by the Township Council
of the Township of Lower Saucon 5-20-1998 by Ord. No. 98-12.
Amendments noted where applicable.]
A.
The "National Electrical Code, 1996," (hereinafter
"NEC"), being the model electrical regulation for the protection of
public health, safety and welfare as promulgated by the National Fire
Protection Association, Batterymarch Park, Quincy, Massachusetts,
is hereby adopted, incorporated by reference and enacted as an ordinance
for the Township of Lower Saucon, with the following modifications,
deletions, additions and changes. Three copies of the code and this
chapter are filed in and available for inspection at the offices of
the Manager for the Township of Lower Saucon during normal business
hours.
B.
Code Enforcement Officer. The authority having jurisdiction
for the enforcement of the Electrical Code for the Township of Lower
Saucon shall be the Code Official as designated under the BOCA Ordinance
No. 98-10[1] for the Township of Lower Saucon, or his designee, who
shall have the powers, duties and responsibilities as the Code Official
for this code and also as provided hereinafter.
The National Electrical Code, 1996, is amended
as follows:
A.
Section 90-2(c) shall be amended to read as follows:
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90-2(c). Special Permission. The
Code Official may grant exception for the installation of conductors
and equipment that are not under the exclusive control of the electric
utilities and are used to connect the electric utility supply system
to the service-entrance conductors of the premises served, provided
that such installations are outside a building or terminate immediately
inside a building wall.
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B.
Section 90-4 shall be amended to read as follows:
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90-4. Enforcement. This code is
intended to be suitable for mandatory application by governmental
bodies exercising legal jurisdiction over electrical installations
and for use by insurance inspectors. The Code Official will have the
responsibility for making interpretations of the rules, for deciding
upon the approval of equipment and materials and for granting the
special permission contemplated in a number of the rules.
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The Code Official may waive specific requirements
in this code or permit alternate methods where it is assured that
equivalent objectives can be achieved by establishing and maintaining
effective safety.
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This code may require new products, constructions
or materials that may not yet be available at the time the code is
adopted. In such event, the Code Official may permit the use of the
products, constructions or materials that comply with the most recent
previous edition of this code adopted by the jurisdiction.
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C.
Sections 90-10 through 90-69 shall be added and read as follows:
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90-10. Existing Structures. The
legal occupancy of any structure existing on the date of adoption
of this code, or for which it has been heretofore approved, shall
be permitted to continue without change, except as is specifically
covered in this code, or as is deemed necessary by the Code Official
for the general safety and welfare of the occupants and the public.
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90-10.1. Whenever alterations in
electrical wiring require a permit, the physical conditions and the
capacity of the existing electrical service shall be reviewed and
when required shall be upgraded in accordance with the requirements
of the code.
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90-10.2. Basement wiring shall
be upgraded to conform to these minimum standards as prescribed by
this chapter if, in the opinion of the inspection agency, unsafe conditions
exist. This includes removing knob and tube wiring located in basements
through or below the joists if tapped or spliced. All other wiring
shall be corrected to meet wiring specifications contained in the
National Electrical Code.
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90-10.3. Whenever any provision
or requirement of the regulations of the Department of Labor and Industry
of the Commonwealth of Pennsylvania is more stringent or stricter
than a provision or requirement of this chapter or code, the applicable
provision or requirement of the regulations of said Department of
Labor and Industry shall supersede any such provision or requirement
of this chapter or code.
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90-10.4. Buildings or structures
moved into or within the Township shall comply with the provisions
of this code for new building and structures.
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90-10.5. The owner of any building
or structure shall be responsible for the safety and maintenance of
the electrical system and/or equipment of the building or structures
at all times. Any electrician, electrical contractor or installer
shall be jointly and severally responsible with the owner for the
safety and maintenance of any electrical installation or modification.
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90-10.6. All installed but abandoned
or unusual wiring within any structure, for any type occupancy, shall
be capped off and ended inside an enclosure (such as a junction box)
or removed completely.
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90-11. Matters Not Provided For. Any requirements that are essential for the structural, fire or
sanitary safety of an existing or proposed building or structure,
or for the safety of the occupants thereof, which are not specifically
provided for by this code, shall be determined by the Code Official.
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90-12. Partial Invalidity. In the
event that any part or provision of this code is held to be illegal
or void, this shall not have the effect of making void or illegal
any of the other parts or provisions thereof which are determined
to be legal, and it shall be presumed that this code would have been
passed without such illegal or invalid parts or provisions.
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90-13. Segregation of Invalid Provisions. Any invalid part of this code shall be segregated from the remainder
of this code by the court holding such part invalid, and the remainder
shall remain effective.
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90-14. Decisions Involving Existing Structures. The invalidity of any provision in any section of this code as applied
to existing buildings and structures shall not be held to affect the
validity of such section in its application to buildings and structures
hereafter erected.
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90-15. Appointment. The Code Official
shall be appointed in accordance with procedure under the BOCA Ordinance
No. 98-10.[1]
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90-16. Organization. The Township
Manager shall appoint such number of officers, technical assistants,
inspectors and other employees as shall be necessary for the administration
of this code and as authorized by the Township Council.
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90-17. Deputy. The Township Manager
is authorized to designate an employee as deputy who shall exercise
all the powers of the Code Official during the temporary absence or
disability of the Code Official.
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90-18. Restriction of Employees. An official or employee connected with the Building Inspector or
inspection agency, except one whose only connection is that of a member
of the Board of Appeals established under the provisions of Section
90-69, shall not be engaged in or directly or indirectly connected
with the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or the preparation of construction
documents thereof unless that person is the owner of the building;
nor shall such officer or employee engage in any work that conflicts
with official duties or with the interests of the department.
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90-19. Relief from Personal Responsibility. The Code Official, officer or employee charged with the enforcement
of this code, while acting with good faith and without actual malice
for the jurisdiction, shall not thereby be rendered liable personally
and is hereby relieved from all personal liability for any damage
accruing to persons or property as a result of any act required or
permitted in the discharge of official duties. Any suit instituted
against an officer or employee because of an act performed by that
officer or employee, with good faith and without actual malice in
the lawful discharge of duties and under the provisions of this code,
shall be defended by the legal representative of the jurisdiction
until the final termination of the proceedings. The Code Official
or any subordinate shall not be liable for costs in any action, suit
or proceeding that is instituted, in pursuance of the provisions of
this code, acting in good faith and without malice, and shall be free
from liability for acts performed under any of its provisions or by
reason of any act or omission in the performance of official duties
in connection therewith. Nothing herein shall be construed to waive
any immunity for the Township or its agents or employees.
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90-20. Official Records. An official
record shall be kept of all business and activities of the department
specified in the provisions of this code, and all such records shall
be open to public inspection at all appropriate times and according
to reasonable rules to maintain the integrity and security of such
records.
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90-21. General. The Code Official shall enforce all of the provisions of this code and shall act on any question relative to the mode or manner of construction and materials to be used in the erection, addition to, alteration, repair, removal and demolition or installation of service equipment of all buildings and structures, except as otherwise specifically provided for by statutory requirements or as provided for in Sections 90-22 through 90-28.
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90-22. Applications and Permits. The Code Official, or his designee, shall receive applications and
issue permits for the electrical installation and alteration of buildings
and structures, inspect the premises for which such permits have been
issued and enforce compliance with the provisions of this code.
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90-23. Notices and Orders. The
Code Official shall issue all necessary notices or orders to ensure
compliance with this code.
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90-24. Inspections. The Code Official
shall review and approve all reports of inspection by approved agencies
or individuals. All reports of such inspections shall be in writing
and be certified by a responsible officer of such approved agency
or by the responsible individual. The Code Official is authorized
to engage such expert opinion as deemed necessary to report upon unusual
technical issues that arise, subject to the approval of the appointing
authority.
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All inspections required under this code for
compliance with these regulations shall be performed by an inspection
agency or individual fully qualified and designated and approved by
the Manager. The permit holder may select an approved inspection agency
or individual from an approved list with the approval of the Code
Official. However, in the event of disagreement with the permit holder
on the selection of the approved inspection agency or individual,
the Code Official shall be responsible to select the appropriate inspection
agency or individual with consideration of all circumstances involved
in the project.
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90-25. Identification. The Code
Official and/or approved agency or individual shall carry proper identification
when inspecting structures or premises in the performance of duties
under this code.
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90-26. Rule-making authority. The
Code Official, with the approval by Council, shall have authority
as necessary in the interest of public health, safety and general
welfare to adopt and promulgate rules and regulations to interpret
and implement the provisions of this code to secure the intent thereof
and to designate requirements applicable because of local climatic
or other conditions. Such rules shall not have the effect of waiving
structural or fire performance requirements specifically provided
for in this code or of violating accepted engineering practice involving
public safety.
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90-27. Department Records. The
Code Official shall keep official records of applications received,
permits and certificates issued, fees collected, reports of inspections
and notices and orders issued. Such records shall be retained in the
official records as long as the building or structure to which they
relate remains in existence, unless otherwise provided for by other
regulations.
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90-28. Annual Report. At least annually, any individual appointed pursuant to Section 90-15 shall submit to the Manager a written statement of operations in the form and content as shall be prescribed by the Manager.
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90-29. Permit Application. An application shall be submitted to the Code Official for the following activities, and these activities shall not commence without a permit being issued in accordance with Section 90-35:
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(a)
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Installation, repair and/or replacement of electrical
conductors or service equipment.
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(b)
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Removal of electrical conductors or service
equipment.
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90-30. Form of Application. The
application for a permit shall be submitted in such written form as
the Code Official prescribes and shall be accompanied by the required
fee as prescribed in Section 90-44.
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90-31. By Whom Application is Made. An application for a permit shall be made only by a certified or
licensed electrician to install any or all of the electrical system.
The applicant shall meet all qualifications established by rules promulgated
with this code or otherwise by ordinance, resolution or statute. The
full names and addresses of the owner and of the electrician, contractor
or installer shall be stated in the application.
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90-32. Description of Work. The
application shall contain a general description of the proposed work,
the location of the proposed work, the occupancy of all parts of the
building or structure and such additional information as required
by the Code Official.
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90-32.1. Plans and Specifications. The inspection agency may require the submission and approval of
plans and specifications in duplicate showing the nature and extent
of the proposed work before a permit is issued. If, in the course
of the work, it is found necessary to make any change from the approved
plans and specifications on which a permit has been issued, amended
plan and specifications shall be submitted, and, if approved, a supplementary
permit shall be issued to cover the change.
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90-32.2. Amendments. Subject to
limitations of Subsection 90-32.1 hereof, amendments to a plan, application
or other records accompanying the same may be filed at any time before
the completion of the work for which the permit is sought or issued;
and such amendments shall be deemed part of the original application
and shall be filed therewith.
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90-33. Engineering Details. The
Code Official shall require to be filed adequate details of electrical
work, including computations, and other essential technical data.
All engineering plans and computations shall bear the signature and
seal of the engineer or architect responsible for the design.
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90-34. Time Limitation of Application. An application for a permit for any proposed work shall be deemed
to have been abandoned six months after the date of filing, unless
such application has been diligently prosecuted or a permit shall
have been issued; except that the Code Official shall grant one or
more extensions of time for additional periods not exceeding 90 days
each if there is reasonable cause.
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90-35. Action on Application. The
Code Official shall approve or disapprove all applications for permits
and amendments thereto within 90 days after filing, provided that
the application was submitted with full payment of all fees required
under Section 90-45. If the application or the construction documents
do not conform to the requirements of all pertinent laws, the Code
Official shall reject such application, in writing, stating the reasons
therefor and the manner in which the application can be corrected
and/or modified to obtain required approval. If the Code Official
is satisfied that the proposed work conforms to the requirements of
this code and all laws and ordinances applicable thereto, the Code
Official shall issue a permit within 90 days of filing.
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90-36. Suspension of Permit. Any
permit issued shall become invalid if the authorized work is not commenced
within six months after issuance of the permit or if the authorized
work is suspended or abandoned for a period of six months after the
time of commencing the work, provided that the Code Official upon
good cause shown may extend the permit for an additional six months.
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90-37. Previous Approvals. This
code shall not require changes in the construction documents, construction
or designated use group of a building for which a lawful permit has
been heretofore issued or otherwise lawfully authorized and the construction
of which has been actively prosecuted within 90 days after the effective
date of this code and is completed with dispatch.
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90-38. Signature to Permit. The
Code Official's signature shall be attached to every permit, or the
Code Official shall authorize a subordinate to affix such signature
thereto.
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90-39. Revocation of Permit. The
Code Official shall revoke a permit or approval issued under the provisions
of this code in case of any false statement or misrepresentation of
fact in the application or on the plans on which the permit or approval
was based.
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90-40. Posting of Permit. A weather-proofed
and true copy of the building permit shall be posted on the site of
operations, open to public inspection during the entire time of prosecution
of the work and until the completion of the same.
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90-41. Payment of Fees. A permit
shall not be issued until the fees prescribed in Section 90-44 have
been paid.
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90-42. Compliance with Code. The
permit shall be a license to proceed with the work and shall not be
construed as authority to violate, cancel or set aside any of the
provisions of this code or other applicable Township ordinance/regulation.
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90-43. Compliance with Permit. All
work shall conform to the approved application.
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90-44. General. A permit to begin
work for new construction, alteration, removal, demolition or other
building operation shall not be issued until the fees prescribed in
this section shall have been paid to the Township, nor shall an amendment
to a permit necessitating an additional fee be approved until the
additional fee has been paid.
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90-45. Fee Schedule. A fee for
each permit shall be paid in accordance with the schedule attached
hereto. The Township may amend by resolution the Fee Schedule.[2]
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90-46. Account of Fees. The Code
Official shall keep an accurate account of all fees collected; and
such collected fees shall be deposited monthly in the jurisdiction
treasury or otherwise disposed of as required by law.
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90-47. Return of Fees. In the case
of a revocation of a permit or abandonment or discontinuance of a
building project, the portion of the work actually completed shall
be computed, and any excess fee for the incompleted work shall be
returned to the permit holder upon written request. All plan examination
and permit processing fees and all penalties that have been imposed
on the permit holder under the requirements of his code shall first
be collected.
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90-48. Required Inspections. After
issuing a permit, the Code Official and/or Inspection Agency shall
conduct inspections from time to time during and upon completion of
the work for which a permit has been issued. A record of all such
examinations and inspections and of all violations of this code shall
be maintained by the Code Official and/or Inspection Agency.
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90-48.1. Approved Inspection Agencies. The Code Official shall accept reports of inspection agencies approved
in accordance with BOCA Ordinance No. 98-10,[3] provided that such agencies satisfy the requirements as
to qualifications and reliability.
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90-48.2. Inspection Request. Inspection
requests shall be made by the permit holder or his authorized agent
to the inspection agency. Except for unusual or uncontrollable circumstances,
the inspection agency shall conduct personally or provide inspection
in conformance with the provisions of this code within five working
days for rough inspections and seven working days for final inspections
after an inspection request has been made. In no event, however, shall
it be assumed that the work for which a permit has been issued has
been inspected, tested or approved until written notice of said inspection,
test or approval has been given by the inspection agency.
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90-48.3. Rough Inspection. No installation
or work for which a permit is required under the provisions of this
code shall be covered, enclosed or in any other way concealed until
such a work has been inspected, tested and approved, in writing, by
the inspection agency.
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90-48.4. Other Inspections. The
inspection agency shall, in addition to these required inspections,
conduct additional inspections and/or tests as may be necessary to
assure the compliance with the provisions of this code.
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90-49. Final Inspection. Upon completion
and before issuance of the certificate of occupancy, a final inspection
shall be made. All violations of the application and permit shall
be noted, and the holder of the permit shall be notified of the discrepancies.
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90-49.1. Approval. After the prescribed
tests and/or inspection indicate the work or portion thereof complies
in all respects with this code, a written notice of approval shall
be issued by the inspection agency.
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90-50. Right of entry. The Code
Official and/or inspection agency shall have the authority to enter
at any reasonable time any structure or premises for which a permit
has been issued but has not received a certificate of occupancy.
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For all other structures or premises, when the
Code Official has reasonable cause to believe that a code violation
exists, the Code Official is authorized to enter the structure or
premises at reasonable times to inspect, subject to constitutional
restrictions on unreasonable searches and seizures. If entry is refused
or not obtained, the Code Official is authorized to pursue recourse
as provided by law.
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90-51. General. All work shall
be conducted, installed and completed in a workmanlike and acceptable
manner so as to secure the results intended by this code.
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90-52. Unlawful Acts. It shall
be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, remove, demolish or occupy any building, structure
or equipment regulated by this code, or cause same to be done, in
conflict with or in violation of any of the provisions of this code.
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90-53. Notice of Violation. The
Code Official shall serve a notice of violation or order on the owner
and/or person responsible for the erection, construction, alteration,
extension, repair, removal, demolition or occupancy of a building
or structure in violation of the provisions of this code, or in violation
of a detail statement or a plan approved thereunder, or in violation
of a permit or certificate issued under the provisions of this code.
Such order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation.
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Such notice shall be deemed properly served
if a copy thereof is delivered to the owner personally; or sent by
certified or registered mail addressed to the owner at the last known
address with the return receipt requested. If the certified or registered
letter is returned showing that the letter was not delivered, a copy
thereof shall be posted in a conspicuous place in or about the structure
affected by such notice. Service of such notice in the foregoing manner
upon the owner's agent or upon the person responsible for the structure
shall constitute service of notice upon the owner.
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90-54. Prosecution of Violation. If the notice of violation is not complied with promptly, the Code
Official shall request the Solicitor to institute the appropriate
proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful
occupancy of the building or structure in violation of the provisions
of this code or of the order or direction made pursuant thereto.
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The cost, including engineering and legal fees
for the proceedings shall be borne by the owner. The Solicitor shall
collect all costs, including engineering and attorney's fees, from
the owner together with an administrative fee of 10% of the same,
and the cost unpaid within 20 days shall without further notice become
a municipal lien and recoverable as provided by law for the collection
of municipal claims or by action in assumpsit.
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90-55. Violation 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 Code Official, or of a permit or certificate
issued under the provisions of this code, shall be guilty of a summary
offense punishable by a fine of not more than $1,000 or by imprisonment
to the extent allowed by law for the punishment of summary offenses,
or both such fine and imprisonment. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
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90-56. Abatement of Violation. The
imposition of the penalties herein prescribed shall not preclude the
Solicitor from instituting appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation, or to prevent
illegal occupancy of a building, structure or premises or to stop
an illegal act, conduct, business or occupancy of a building or structure
on or about any premises and collect the cost of all proceedings,
including legal fees, from the violator(s).
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90-57. Notice to Owner. Upon notice
from the Code Official that work on any building or structure is being
prosecuted contrary to the provisions of this code or in an unsafe
and dangerous manner, such work shall be immediately stopped. The
stop-work order shall be in writing and shall be given to the owner
of the property involved or the owner's agent or to the person doing
the work and shall state the conditions under which work will be permitted
to resume.
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90-58. Unlawful Continuance. Any
person who shall continue any work in or about the structure after
having been served with a stop-work order, except such work as that
person is directed to perform to remove a violation or unsafe condition,
shall be liable to a fine not to exceed $1,000 or imprisonment for
not more than 90 days, or both, excluding work that the person is
directed to perform to remove a violation or unsafe condition. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
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90-59. General. A certificate of
occupancy, indicating completion of the work for which a permit was
issued, shall be obtained prior to any occupancy of a structure.
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90-60. Imminent Danger. When, in
opinion of the Code Official, there is imminent danger which endangers
life, because of a violation of this code, the Code Official is hereby
authorized and empowered to order and require the occupants to vacate
the same forthwith. The Code Official shall cause to be posted at
each entrance to such structure a notice reading as follows: "This
structure is unsafe and its occupancy has been prohibited by the Code
Official." It shall be unlawful for any person to enter such structure
except for the purpose of making the required repairs or of demolishing
the same.
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90-61. Temporary Safeguards. When,
in the opinion of the Code Official, there is imminent danger due
to an unsafe condition, the Code Official shall cause the necessary
work to be done to render such structure temporarily safe, whether
or not the legal procedure herein described has been instituted.
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90-62. Closing Streets. When necessary
for the public safety, the Code Official shall temporarily close structures
and close, or order the authority having jurisdiction to close, sidewalks,
streets, public ways and places adjacent to unsafe structures and
prohibit the same from being used.
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90-63. Emergency Repairs. For the
purposes of this section, the Code Official shall employ the necessary
labor and materials to perform the required work as expeditiously
as possible.
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90-64. Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid
by the Township on approval of the Code Official. The Solicitor shall
institute appropriate action against the owner of the premises where
the unsafe structure is or was located.
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The cost, including engineering and legal fees,
for the proceedings shall be borne by the owner. The Solicitor shall
collect all costs, including engineering and attorney's fees, from
the owner together with an administrative fee of 10% of the same;
and the cost unpaid within 20 days shall without further notice become
a municipal lien and recoverable as provided by law for the collection
of municipal claims or by action in assumpsit.
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90-65. Unsafe Equipment. Equipment
deemed unsafe by the Code Official shall not be operated after the
date stated in the notice unless the required repairs or changes have
been made and the equipment has been approved, or unless an extension
of time has been secured from the Code Official in writing.
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90-66. Authority to Seal Equipment. In the case of an emergency, the Code Official shall have the authority
to seal out of service immediately any unsafe device or equipment
regulated by this code.
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90-67. Unlawful to Remove Seal. Any device or equipment sealed out of service by the Code Official
shall be plainly identified in an approved manner. The identification
shall not be tampered with, defaced or removed except by the Code
Official and shall indicate the reason for such sealing.
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90-68. Application for Appeal. Any
person shall have the right to appeal a decision of the Code Official
to the Board of Appeals. An application for appeal shall be based
on a claim that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted, the provisions
of this code do not fully apply or an equivalent form of construction
is to be used.
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90-69. Means of Appeal. The procedure
for appeal, establishment of appeal boards, qualification for members,
hearing notice and procedure, together with decisions of the board
and appeals thereof, shall be governed by procedure as set forth under
Section 121.0 of the BOCA National Building Code, Thirteenth Edition,
1996, as adopted and amended by Ordinance No. 98-10.[4]
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