[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 3-17-1992. Amendments noted where applicable.]
This chapter is enacted pursuant to 30-A M.R.S.A. § 4171 et seq. This chapter applies to original installations of electrical equipment and to alterations of or additions to existing electrical equipment within any privately or publicly owned building, structure, or premises within the Town of Bar Harbor, unless exempted below. Alterations of or additions to existing electrical equipment within owner-occupied single-family residences shall be exempted from this chapter. The installation or alteration of electrical equipment which does not require a permit or inspection under this chapter shall be governed by 32 M.R.S.A. § 1102-B.
The provisions of this chapter shall be administered and enforced by the Electrical Inspector. The Code Enforcement Officer shall serve as the Electrical Inspector.
No electrical equipment shall be installed in, altered, or added to any building, structure or premises within the territorial limits of the Town of Bar Harbor unless an electrical installation permit has been issued in conformity with this chapter.
No permit shall be required to do minor repair work such as, but not limited to, the following:
Emergency work may be undertaken without first obtaining a permit. A permit must then be obtained as soon as is reasonably possible.
No major deviation may be made from the installation described in the permit without the prior written approval of the Electrical Inspector.
An application for an electrical installation permit shall be made in writing to the Electrical Inspector, in duplicate, and shall be signed by the applicant. Application shall be made on a form provided for that purpose by the Electrical Inspector. The application shall be accompanied by a general description of the electrical work to be done.
In the event that the proposed work is to be performed in a single-family structure by the owner of that structure, the applicant shall be the owner of that structure.
In all other cases the applicant shall be the licensed master electrician employed to do the proposed work; a holder of a limited license who may obtain a permit within such limited licensee's area of expertise; or the general contractor for the construction project of which the proposed work is a part, provided that the contractor shall provide as a part of the application the name, address and license number of the licensed electrician employed to do the proposed work.
Any permit issued under this chapter shall become invalid if:
The authorized work is not commenced within six months after issuance of the permit;
The authorized work is suspended or abandoned for a period of six months after the time of commencing the work;
The authorized work is not completed within 24 months after the issuance of the permit; or
The permit holder fails to correct a violation of any provision of this chapter within the time prescribed in a notice of violation.
Before an electrical installation permit may be issued, the applicant shall pay a fee in accordance with a fee schedule which shall, from time to time, be adopted by the Town Council.
The minimum standards for electrical equipment and installations within the territorial limits of the Town of Bar Harbor are the standards contained in the National Electrical Code 1990 (1990 Edition) designated as the National Fire Protection Association No. 70 and its subsequent amendments, which code is hereby adopted.
The applicant, by obtaining a permit, consents to the inspection by the Electrical Inspector of work and equipment described in the permit at such times and as often as the Electrical Inspector deems reasonably necessary throughout the course of the authorized work so as to ensure compliance with this chapter. A failure to permit such reasonable inspection is expressly made a violation of this chapter.
Prior to the sale, lease, use or occupancy of any building, structure, portion of a structure or premises for which an electrical installation permit has been issued, the permit holder must secure a certificate of acceptance from the Electrical Inspector stating that the electrical equipment is in conformity with the standards set forth for electrical equipment in § 70-7. Prior to the issuance of the certificate of acceptance, the Electrical Inspector will inspect the property to see that all requirements under this chapter have been met. A certificate of acceptance must be issued or denied within two working days of application for inspection by the permit holder. A failure to issue a certificate within two working days shall be deemed a denial of the request for a certificate.
There shall be no charge for any such inspection, except in the case of inspections of commercial property. In the case of inspections of commercial property the permit holder must pay any difference between the fee originally paid for the electrical installation permit and the sum of 1/2 of 1% of the total actual cost of the installation. In the event that 1/2 of 1% of the total actual cost of the installation is less than or equal to the fee originally paid for the permit, there shall be no charge for the inspection. In no case shall any portion of the permit fee originally paid be refunded.
Upon the discovery of any electrical equipment which does not comply with this chapter, any person having the power and duty to enforce the provisions of this chapter may make a written complaint to the State Electrical Inspector in accordance with 32 M.R.S.A. § 1104.
Whenever any person having the power and duty to enforce the provisions of this chapter determines that there is a violation of any provision of this chapter, that person shall give written notice of such violation to the property owner and the person making the installation, if known. Such written notice shall contain:
A description of the building, structure or premises in question in sufficient detail to identify it;
A description of the violation found and a citation to the provisions of this chapter or the NFPA Code violated;
The remedial action required for correction of such violation; and
A date by which such violation must be corrected.
The Code Enforcement Officer shall have the power and duty to prosecute violations of the provisions of this chapter to the extent permitted by law.
Prosecution of violations of this chapter shall be made pursuant to 30-A M.R.S.A § 4452. The penalties for violating this chapter are those set forth at 30-A M.R.S.A. § 4452(3). These penalties include, but are not limited to, fines, injunctive relief and the reimbursement of the Town's attorneys' fees and costs.