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HomeMy WebLinkAboutCreating the Office of Electrical Inspector and Prescribing his DutiesORDINANCE No. 3913 (AS AMENDED Passed by the Common Council of the City of South Bend, MARCH 23RD, 1933 W Presented by me to the Mayor of the City of South Bend, Clerk of Common Council Approved and signed by me MARCH 24TH, ICA3 Clerk ORDINANCE NO: 3913 (AS AXWED) i AN ORDINANCE FOR SAFEGUARDING PER80II8 Al✓D PROPERTY AND PROMOTIiIG TY.E WELFARE OF THE PUBLIC: CREATIKG THE OFFICE OF ELECTRICAL INSPECTOR AND PRE.. ".CRIB1110 HIS DUTI : ES- TABLISHING STANDARDS FOR ELEOTRIC.JL EQUIP - MENT AIJD FOR ITS INSTALLATION AIID REQUIR- II✓G CO iFORL"ITY THEREWITH: HAYING IT VYLA67- FUL TO UNDERTAKE THE IR'STALLATI011 OF ELEC- TRICAL EQUIPMENT iITHOUT A PERMIT THEPEFORE, AND CREATIFG AN ELECTRICAL EXAMINI1I0, BOARD AND A BOARD OF REVIEW A11D PRESCRIBING THEIR DUTIES: PROVIDING FOR THE LICEIJSIIIG OF PERSOIIS, FIRIVI AND CORPORATIONS UNDERTAK- ING THE INSTALLATION OF ELECTRICAL EQUIPMENT, AND OPERATORS OF MOVII✓G PICTURE PROJECTORS, AND ELECTRICAL CONTRACTORS AIID DEALERS IF ELECTRICAL EQUIPMENT, AND HAZING IT UNLAW- FUL TO UNDERTAKE THE INSTALLATION OF ELEC- TRICAL EQUIPMENT OR OPERATION OF MOVING PICTURE PROJECTORS WITHOUT A LICEIISE EXCEPT AS OTHERWISE PROVIDED: PILOVIDIiYG PElfALTIES FOR THE VIOLATION OF THIS ORDIYAIJCE, AND REPEALING ALL ORDINAIICES AIJD PARTS OF ORDINANCES IN OOWFLIOT HERP1ITH. BE IT ORDAINED BY THE COIiiC0N COU11CIL OF 2HE CITY OF SOUTH BEYD, INDIANA THAT. SECTION 1. Application of Provisions of this Ordinance. The provisions of this Ordinance shall apply to all installations of electrical conductors, fittings, devices, appli- ances and fixtures, hereinafter referred to as "electrical equip- ment" within or on private and public buildings and premises, with exceptions as prmvided in Section 8 and with the following general exceptions: The provisions of the Ordinance shall not apply to installations in railway cars, commercial or governmental radio transmission beyond the point of energy to the individual units, nor to installations and equipment employed by an electrical supply or communication agency in the generation, transmission or distribution of electrical energy or for the operation of signals or the transmission of intelligence in the exercise of its function as a utility. As used in this Ordinance, "reasonably safe to persons and property" as applied to electrical installations and electrical equipment, means safe to use in the service for which the Install- ation or equipment is intended without unnecessary hazard to life, limb or property. -2- SECTION 2. ELECTRICAL IIISPECTOR - QUALIFICATIONS AND APPOINTS ;PENT . There is hereby created the office of Electrical Inspector. The person chosen to fill the office of Electrical Inspector shall be of good moral character, shall be possessed of such executive ability as is requisite for the performance of his duties and shall have a thorough knowledge of the standard mater- ials and methods used in the installation of electrical equipment; shall be well versed in approved methods of construction for safety to persons and property, the statutes of the State of Indiana relating to electrical work, and any orders, rules, and regulations issued by authority hereof, and the National Electric Code as approved by the American Standards Association; shall have had at least six (6) years experience in the lines of elec- trical installation for which he would be responsible as inspector, or in lieu of such experience shall be a graduate of some recogni- zed electrical engineering college or university and in addition shall have three (3) years practical experience in electrical wiring installations. The Electrical Inspector shall be appointed by the Mayor as provided by law. The Electrical Inspector shall have police powers restricted to the enforcement of this Ordinance only. The salary to be paid to the Electrical Inspector shall be determined by the Mayor and City Council. Before entering upon the discharge of his duties, he shall file a bond in the sum of One Thousand (01,000. ) Dollars payable to the City of South Bend, said bond to be approved by the Mayor and filed with the City Controller and conditioned upon the faithful performance of his duties. The Electrical Inspector shall also take and subscribe an oath, which together with the certificate of his appointment, shall be filed with the City Clerk. SECTION 3, Duties of Electrical Inspector It shall be the duty of the Electrical Inspector to en- force the provisions of this Ordinance. He shall, upon application grant permits for the installation or alteration of electrical equipment, and shall make inspections of electrical installations, all as provided in this Ordinance, <3. He shall keep complete records of all permits issued, inspections and re•tnspections made and other official work performed in accordance with the provisions of the Ordinance. He shall also keep on file a list of inspected electrical appliances issued by or for Underwriters Laboratories, Inc„ which list shall be accessible for public reference during regular office hours. He shall hold membership in the International Association of Electri- cal Inspectors and shall serve on any electrical committee of this Association to which he may be appointed and shall be allowed all necessary expenses in connection with such activities. The Electrical Inspector is empowered to employ, after receiving the approval of the Mayor, any assistants necessary for the proper conduct of his office and the inspection of electrical installations as provided for in the Ordinance, The salary of such assistants shall be determined by the Mayor and the City Council. It shall be unlawful for the Electrical Inspector or any of his assistants to engage in the business of the sale, in- stallatton or maintenance of electrical equipment, either direct- ly or indirectly, and he shall have no financial interest in any concern engaged in such business at any time while holding such office as herein provided for. SECTION 4. Authority oP Electrical Inspector The Electrical Inspector shall have the authority to make electrical inspections and when any electrical equipment is found by the Electrical Inspector to be dangerous to persons or to property because it is defective or defectively installed, the person, firm or corporation responsible for the electrical equip. ment shall be notified in writing and shall make any changes or repairs required in the judgment of the Electrical Inspector to place such equipment in safe condition and if such work is not completed within fifteen (15) days or any longer period that may be specified by the Electrical Inspector in said notice, the Electrical Inspector shall have the authority to disconnect or order the discontinuance of electric service to said electrical equipment, ..41. In cases of emergency, where necessary for safety to persons or property, or where electrical equipment may interfere with the work of the fire department, the Electrical Inspector shall have the authority to immediately disconnect or cause the disconnect- ions of any electrical equipment, The Electrical Inspector may delegate any of his powers or duties to any of his assistants. SECTION 5. Electrical Examining Board Created. There is hereby created an Electrical Examining Board of the City of South Bend, hereinafter designated as the "Board`, which shall consist of five (5) members to be appointed by the Mayor, as follows: Three (3) members shall be Class A Contractors.. one (1) member shall be a professional electrical engineer, and one (1) member shall be a Class A Electrical construction Journey- man. Of the five (5) members appointed, two (2) shall serve for a term of (1) year, two (2) for a term of two (2) years, and one (1) for a term of three (3) years., and thereafter each appoint- ment shall be for a term of three (3) years or until a successor is appointed. The Mayor shall appoint one of the members to act as Chairman of the Board. Any appointed member may be removed from office by the Mayor, Each appointed member shall receive the sum of Five (.,5.00) Dollars for each day during which he has attended a meeting of the Board. Records of the meetings of the Board shall be open to the public for inspection at all times, The Board shall keep a record of all licenses and certificates and shall have printed a manual of its rules and regulations for the conduct of examinations. SECTION 6. Duties and Authority of Electrical Examining Board The Board shall hold a regular meeting twice during each year on the first Monday in March and the first Monday in August, at the call of the Mayor and Chairman of the Board, for the examin- ation of applicants for licenses providing any such applications are pending. It shall be the duty o" said Board to examine the reports of persons, firms or corporations who apply for licenses; to issue certificates therefore to qualified applicants who have paid the prescribed fees, and to revoke or suspend any license on the grounds set forth in this Ordinance. -s- Four (4) members of the Board present at any meeting shall consti- tute a quorum for the transaction of business, but any action' taken at any meeting shall require the affirmative vote of at least four (4) members. SECTION 7. Standards or.the Installation of Elect)-ical Equipment. All installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the provisions of this Ordinance and the applicable statutes of the State of Indiana. Conformity of installations of electrical equipment with this Ordinance and with applicable regulations set forth in the National Electric Code, or electrical provisions of other safety codes, which have been approved by the American Standards Associar/ tion, shall be prima facie evidence that such installations are , reasonably safe to persons and property. The Electrical Inspector shall permit trial installations of new methods of installing electrical equipment. COim UIT Rigid conduit, electrical metallic tubing or other approved raceways shall be used for all wiring installed within the fire and fireproof limits of the City of South Bend, as defined in the City Building Code on fire limits, also on all public buildings, all multi — family buildings housing four families or more, or buildings housing more than twenty people, or commercial garages, all manufacturing concerns, all State, County and City buildings, schools, hotels, motion picture houses, theatres, hospitals, asylums, storehouses, church, and all stores and offices within the city limits. BX cable can be. used only by special permission of the Electrical Inspector, SECTION 8. Licenses Required. Except as otherwise provided in Section One (1), no person, firm or corporation shall in any manner undertake to execute or perform any work of installing, maintaining, altering or repairing any electrical equipment unless such person, firm or corporation is the holder of a Class A Electrical Contractors License or a Class B Industrial Electrical License, as defined, and has a certificate therefore as provided for in Section Nine (9) of this Ordinance; nor shall any person., firm or corporation -s.. execute or perform such work otherwise than as specifically permit- ted under the class of license held by such person, firm or corp- oration except that such provision shall not apply to any person employed by and working under the direction of a holder of a Class A Electrical Contractor's License or a Class B Industrial Electri- cal License. Except that no license shall be required in order to execute or perform any of the following electrical work: 1. Installations and equipment employed by an electrical dupply or communication agency in the generation, transmission or distribution of electrical energy in its function as a public utility. 2. The installation, alteration or repair of electrical equipment for the operation of signals or the transmission of intelligence by wire. 3. Any work involved in the manufacturing, testing, servicing, altering or repairing of electrical equipment or appa- ratus except that this exemption shall not include any permanent wiring other than that required for testing purposes, 4. The assembly.. erection and connection of electrical equipment by the manufacturer of such equipment, but not including any electric wiring other than that involved in making electrical connections on the equipment itself or between two or more parts of such equipment. SECTIOAI 9. Classes of Licenses. Four (4) classes of licenses and certificates which shall be known respectively as Class A: Electrical Contractor's Dealers License, and Class B. Industrial Electrical License; and Class C: Motion Picture Operatorts License; and Class D: Dealer's License, CLASS "A" - ELECTRICAL CONTRACTORS'S DZILER LICEIISE: The Holder of a Class "A" Electrical Contractor's Dealers License shall maintain an office and have a business telephone in St. Joseph County and shall be principally engaged in the business of electrical contracting, and it shall entitle the holder,, any person, firm or corporation, or their employees, to perform electrical contracting work and to sell approved electrical appliances, apparatus and devices. .7" CLASS "B" LICENSE — INDUSTRIAL Shall entitle the holder thereof to undertake to execute or perform any work of installing, maintaining, altering, and repairing electrical equipment providing that the holder of such license regularly employs electricians for such purposes and provided that such work shall be confined to the industrial pre- mises, which premises shall be described in the license, No person shall hold more than one (1) Class "B" License at one time. CLASS "C" - MOTION PICTURE OPERATOR 1S LICENSE. Authorizing an individual to operate a motion picture machine in all licensed theatres: The applicant for such license "" shall be not less than eighteen (18) years of age, shall not have less t han two (Q) years' experience in such work, and shall pass a satisfactory examination as to his proficiency and competency before a Committee composed of the Chief Electrical Inspector and two (2) qualified operators. It shall be unlawful to operate a professional motion picture machine in this City without such license, An Operator, when on duty, shall display in plain view, his license with his photograph attached thereto. Each operator shall also fur ZS photograph to be attached to his card in the files of the Electrical Ins ction Department. CLASS "D" - DEALER 18 LICENSE Authorizing the sale of (Underwriters Laboratories, Inc.) approved electrical devices, apparatus or appliances designed for the attachment to or installation on any electrical circuit or system for light, heat or power. Any person, firm or corporation who sells or offers for sale (at retail) any electrical device, apparatus, or equipment, designed for the attachment to or installation on any electrical circuit or system for light, heat or power, must have a license for each place of business conducted by such person, firm or corporation, provided that such license may make a temporary demon- stration on such articles elsewhere than at his licensed place of business without having license for such place of temporary demonstration. T he (retail) sale of stokers, oil burners, air condit- toners, ventilating fans, mangles and all other electrical equip- ment of 1500 watts or more shall be reported to the Electrical -8= Inspection Department within fo; ^ty- -ei,nt (48) hours after the sale. SECTION 10. Fees for Licenses and Expiration. Any firm, person or cor'por'ation applying for a Class A license as required by this Ordinance, shall, before being granted a license, give, execute and deliver a surety bond to the City of South Bend, in the penal sum of One Thousand (4,1,000.) Dollars to be approved by the City Attorney and conditioned upon the faithful compliance with the Ordinance and laws regulating electrical work and apparatus, with an agreement to pay all damages., costs and expenses that may be caused by the negligence of such person, firm or corporation through failure to comply with the provisions of said Ordinance. Before a license is granted to any Class "A" applicant a fee of One Hundred (9100.00) Dollars shall be paid, and before any Class "A" expiring license is renewed, a fee of Fifty (#50.00) Dollars shall be paid. A fee of Fifty (J-50.00) Dollars shall be paid for a Class "B" license, and for the renewal of a Class "B" license a fee of Fifteen Dollars shall be paid. A fee of Ten (#10.) shall be paid for a Dealer's License and before any Dealer's license is renewed a fee of Five ($5.00) shall be paid. A fee of Twenty (*20.00) Dollars shall be paid for a Idotion Picture Operator3 license, and a fee of Ten (�10.00�_Dollars for a renewal. SECTION 11. Application for Licenses. Each application for a license shall be made in writing to the Board thirty (30) days before the examination date, stating the class of license applied for, the name and place of business of the applicant and the names of the representatives of the appli- cant responsible for the work to be done under the licensee An examining fce of Ten (,'`10.00) Dollars shall be paid when appli- cation is made. SECTION 12, Examinations. The person designated by the application for a license shall be examined by the Electrical Examining Board as to his knowledge of the rules and regulations for the installation of electrical equipment as set forth in the Ordinance and in the Rational Electrical Code as approved by the American Standards Association; and to determine the general qualifications and fit- -9.. ness of the applicant for executing the class of work covered by the license applied for. In order to obtain a license in Class "A" or Class "B ", the person applying therefor must furnish satisfactory evidence to the Electrical Examining Board that he is of good character and sufficient education, must not be less than twenty -one (21) years old for a Class "A" and not less than twenty -one (21) years old for a Class "B" License, and has not had less than four (4) years experience in the installation, repair and /or maintenance of electrical equipment, apparatus, wiring and appliances, and shall secure a grade of not less than seventy -five (7i5%) percent in a written examination of not less than twenty -five (25) questions, which shall be questions that will show ability and fitness for the license desired. The applicant shall he required to furnish the examining board certified letters from former employers or union that he has had the above mentioned four (4) years experience, The Class "All license is granted for a probationary period of ninety (90) days in which time license holder by prac- tical application must prove his ability to execute the mechanics of the examination from which he secured his passing grade. The examination shall be in writing and a complete record of every examination given shall be kept on file until three (3) years after the date of the examination. Failure to Pass an Examination. Should an applicant fail to pass an examination, said applicant may be re- examined upon submitting application in writ- ing at least thirty (30) days prior to the next examination date and accompanied by the Ten (,j10.00) Tollar examination fee. SECTION 13. Holder of License. The holder of the license shall be the person, firm or corporation to whom the license is issued. The same person shall not be designated as representative in two or more licenses issued to different persons.. firms or corporations. SECTION 14. Change o.P Representative. In the event that the business association of the rep- rescntative with, or employment of the representative by, the holder of the license shall terminate, the holder of the license -10- shall immediately notify the Board of suv?t termination and said license shall become null and void ten (10) days after the next regular examination date. A now license shall be issued to the holder of the expired license in accordance with the provisions of the foregoing sections of this Ordinance, except that no fee shall be charged for the unexpired term of said license. SECTION 15. Certificates. Each certificatcfbr a license shall specify the name of the person, firm or corporation to whom the license is issued the name of the person or persons designated as the factory repre- sentative, and the expiration date. Each holder of a license shall keep his, their, or its certificate of license displayed in a conspidbus place in his, their or its principal place of business. �T` SECTION 16. Permits. No electrical wiring or equipment shall be installed within or on any building structure or premises publicly or pri} vately owned, nor shall any alteration or addition be made in any such existing equipment except as provided in Sections One (Z) and Eight (8) without first securing a permit therefor from the Electrical Inspector, or posting a certificate showing permit has been applied for and authorizing contractor to proceed with electrical installation, except a Class "B" License may secure permits on a monthly basis. SECTION 17 Fees for Permits and Inspections. Before any permit is granted for the installation or alteration of electrical equipment, the person, firm or corporation making application for such permit shall pay the clerk a fee in such amount as specified below: A„ Fees will be determined by the number of circuits, not by outlets and fix- tures. For each circuit a fee of #1.00 shall be paid, Four (4)circuits is the minimum number of lighting and appliance circuits(to be provided for) on resid- ential wiring. B. Fees for signs: One circuit of 1,000 watts or less, x`2.00; for each addit- tonal circuit of 1,000 watts or less, $1.00 shall be paid before the sign is hung or re -hung, and the sign shall not be hung until ground inspection is made by the Electrical Inspector. -11+ C. For each unnecessary trip of inspection caused by defective work or incorrect information, a charge of 2.00 shall be made in addition to the regular fee. D. Fees for power installation shall be $2.00 for the first 5h.po or fraction thereof, and ten cents (00410) for each additional h.p. or fraction thereof. No fee shall be charged for replacing one repaired motor with another of same size. E. Fees for rectifiers, commercial and industrial heating equipment and trans- former -type welders shall be X1.00 for the irst h-va or fraction thereof, and .10�for each additional kva or fraction thereof. F. Fees for electric service entrance equip- ment shall be as followsa60 amp., #1.00; 100 amp., #1.50; 200 amp.,02.00; 400 amp., ;4.00; all over 400 amp., 1,5.00. Service and size shall be determined by the electrical capacity in amperes, of the service entrance conductors. Electric ranges and water heaters and other appli- ances shall carry a fee of 1.00 each, except when installed at the same time under the same permit by the same con- tractor when the fee shall be rp1.00 for the complete installation. The fee for services are separate from wiring, etc. G. Fees for electric equipment, outlets and and circuits not otherwise specified herein shall be 1p`1.00 per circuit. H. If any person, firm or corporation shall unlawfully do any work covered by this ordinance w ithout obtaining a permit, he or they shall pay the above fee with a penalty of ;'5.00 and the payment of such penalty shall not release him or them from other penalties provided for in this Ordinance. It shall be unlawful for any licensee to secure a permit under his or his ftrmls _rntktjko enable any person not a bona -fide employee or person or firm holding a license to do electrical work. If work is such that exact number of circuits, or h.p. be unknown,a permit shall be taken for the minimum and a correct- ion made when the work is completed. SECTION 18. Inspection and Certificates. Upon completion of any installation of electrical wiring and equipment which has been made under a permit, it shall be the duty of the person, firm or corporation making the installation to notify the Electrical Inspector, who shall inspect the install- atton within twenty -four (24) hours, exclusive of Saturdays, -12-. Sundays' and holidays, of the time such notice is given or as soon thereafter as practicable except in case of Class "B" License the inspection may be made monthly. Where the Electrical Inspector finds the installation to be in conformity with the provisions of this Ordinance, he shall issue to the person, firm or corporation making the install - ation, a certificate of approval, with duplicate copy for delivery to the owner, authorizing the use of the installation and connect- ion to the supply of electricity and shall send written notice of such authori5ation to the agency supplying the electric service. When a certificate of approval is issued authorizing the connection and use of a temporary installation such certifi- cates shall be issued to expire at a time to be stated therein and shall be revocable by the Electrical Inspector for cause. When any electrical equipment is to be hidden from view by the permanent placement of parts of the building$ the person, firm or corporation installing the equipment shall notify the Electrical Inspector, and such equipment shall not be concealed until it has been inspected and approved by the Electrical Ins- pector: provided that on large installations where the conceal- ment of equipment proceeds continuously, the person, firm or corporation installing the electrical equipment shall give the Electrical Inspector due notice and inspectionsshall be made periodically during the progress of the work. If, upon inspection, the installation is not found to be fully in conformity with the provisions of this Ordinance, the Electrical Inspector shall at once forward to the person, firm corporation making the installation, notice to ma,<e the necessary correction immediately and call for re— inspection. SECTIO1 19. Connections to Installations. It shall be unlawful for any person, firm or corporation to make connection from a supply of electricity or to supply electricity to any electrical equipment for the installation of which a permit is required or which has been disconnected or ordered to be disconnected by the Electrical Inspector, until approval -13- has been issued by the Electrical Inspector authorizing the connection and use of such equipment, All services that have been disconnected shall not be re- connected until approval is issued by the Electrical Inspector, SECTION 20. Board of Review. There is hereby created a Board of Review which shall consist of the four (4) members of the Examining Board, and a fifth member, (other than City Electrical Inspector), who is a citizen of South Bend, and a freeholder and who shall be Chairman of said Board, to be appointed annually by the Mayor. The Board shall be paid the sum of five (;25.00) Dollars per member for each day of service. Any person, firm or corporation may register an appeal with the Board of Review for a review of any decision of the Electrical Inspector provided that such appeal is made in writing within ten (10) days after such person, firm or corpor- ation shall have been notified of such decision by the Electrical Inspector. Upon receipt of such appeal, the said Board shall proceed to determine whether the action of the Electrical Inspector complies with this Ordinance and within ten (10) days shall make a decision in accordance with its findings. Three (3) members of the Board present at any meeting shall constitute a quorum for the transaction of business, and any action taken at any meeting shall require the affirmative vote of at least three (3) members. SECTION 21. Revocation and Suspension of Licenses and Certificates. No license or certificate issued in accordance with the provisions of this Ordinance shall be assignable or transferable. Any such license may, after hearing, be suspended for a definite length of time, or revoked by the Board of Review, if the person, firm or corporation holding such license wilfully or by reason of incompetence, violates any Ordinance of the City of South Bend, or any statute of the State of Indiana, relating to the install- ation, maintenance, alterations or repair of electrical equipment, or any orders, rules, or regulations issued by authority thereof. SECTION 22. Penalties. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misde- meanor and upon conviction hereof shall be punished by a fine of .14- not less than Ten (`10.00) Dollars, nor more than One Hundred ( #100.00) Dollars for each offense, together with the costs, of the prosecution, and if such person, firm or corporation is the holder of any license provided for in this Ordinance, such con- viction shall have the effect of suspending said license until such time as such suspension shall have been lifted by the Board. SECTION 23. Liability for Damages. This Ordinance shall not be construed to relieve from or lessen the responsiblility or 14,abtlity of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property, caused by any defect therein, nor shall the City of South Bend, be held as assuming any such lia- bility by reason of the examination authorized herein or by the license and certificate therefore issued as heroin provided. SECTION 24. Validity. If any section, sub - section, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. The City Council of the City of South Bond, hereby declares that it would have passed this Ordinance and each section, sub - section, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more sections, sub - sections, sentences, clauses or phrases be declared unconstitutional. SECTION £5. Repeal of Conflicting Ordinances. All ordinances or parts of : Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 26, Date to tare Effect. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. lot & 2nd READING /,;, — 9 —S ,7— CWMITTEE 9F THE WWL1 9- �-a3 PUBLIC NEARING JI 3rd READING WT WRCYED REFERRED PASSED 3 -a 3 - X5`•3 Member of the Vormnon Uounail