(Log #1768)
1- 3 - (80): Accept
NOTE: The Technical Correlating Committee directs
that this
proposal be reviewed relative to the NFPA
definition of the
"Authority Having Jurisdiction" and
determine if it is appropriate
for this Article. In the Scope, change "shall
be" to "are" to comply
with the NEC Style Manual. The Technical
Correlating Committee
accepts the Scope as modified by this note. This
action will be
considered by the Panel as a Public Comment.
SUBMITTER: Technical
Correlating Committee National
Electrical Code
RECOMMENDATION:
Article 80 - Administration and Enforcement
(This article is informative unless
specifically adopted by the local
jurisdiction adopting the National
Electrical Code. See Section 80-5.)
80-1 Scope. The
following functions shall be covered:
(1) The inspection of electrical installations as
covered by Section 90-2
(2) The investigation of fires caused by
electrical installations
(3) The review of construction plans, drawings,
and specifications
for electrical systems
(4) The design, alteration, modification,
construction,
maintenance, and testing of electrical systems and
equipment
(5) The regulation and control of electrical
installations at special
events including but not limited to exhibits,
trade shows,
amusement parks, and other similar special
occupancies.
80-2 Definitions.
Authority Having Jurisdiction. The
organization, office, or
individual responsible for approving equipment, an
installation, or procedure.
FPN: See 80-13(a) for use of this term.
Electrical Inspector. An
individual meeting the requirements of 80-
27 and authorized to perform electrical
inspections.
Chief Electrical Inspector.
An electrical inspector who is either the
authority having jurisdiction or is designated by
the authority having
jurisdiction and is responsible for administering
the requirements of
this Code.
80-3 Purpose. The
purpose of this article shall be to provide
requirements for administration and enforcement of
the National
Electrical Code.
80-5 Adoption. Article
80 shall not apply unless specifically adopted
by the local jurisdiction adopting the National
Electrical Code.
80-7 Title. The title of
this Code shall be NFPA 70, National
Electrical Code®, of the National Fire Protection
Association. The
short title of this Code shall be the NEC®.
80-9 Application.
(a) New Installations. This
Code applies to new installations.
Buildings with construction permits dated after
the adoption of this
shall comply with the requirements of this Code.
(b) Existing Installations. Existing
electrical installations that do not
comply with the provisions of this Code shall be
permitted to be
continued in use unless the authority having
jurisdiction determines
that the lack of conformity with this Code
presents an imminent
danger to occupants. Where changes are required
for correction of
hazards, a reasonable amount of time shall be
given for compliance,
depending on the degree of the hazard.
(c) Additions, Alterations, or Repairs. Additions,
alterations, or
repairs to any building, structure, or premises
shall conform to that
required of a new building without requiring the
existing building
to comply with all the requirements of this Code.
Additions,
alterations, installations, or repairs shall not
cause an existing
building to become unsafe or adversely affect the
performance of
the building as determined by the authority having
jurisdiction.
Electrical wiring added to an existing service,
feeder, or branch
circuit shall not result in an installation that
violates the provisions
of the Code in force at the time the additions are
made.
80-11 Occupancy of Building or
Structure.
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(a) New Construction. No
newly constructed building shall be
occupied in whole or in part in violation of the
provisions of this Code.
(j) Persons shall not
use a badge, uniform, or other credentials to
impersonate the authority having jurisdiction.
(k) The authority having
jurisdiction shall be permitted to
investigate the cause, origin, and circumstances
of any fire,
explosion, or other hazardous condition.
(l) The authority having
jurisdiction shall be permitted to require
plans and specifications to ensure compliance with
this Code.
(m) Whenever any
installation subject to inspection prior to use is
covered or concealed without having first been
inspected, the
authority having jurisdiction shall be permitted
to require that
such work be exposed for inspection. The authority
having
jurisdiction shall be notified when the
installation is ready for
inspection and shall conduct the inspection within
___ days.
(n) The authority having
jurisdiction shall be permitted to order
the immediate evacuation of any occupied building
deemed
unsafe when such building has hazardous conditions
that
present imminent danger to building occupants.
(o) The authority having
jurisdiction shall be permitted to 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.
Technical
documentation shall be submitted to the authority
having
jurisdiction to demonstrate equivalency and the
system,
method, or device is approved for the intended
purpose.
(p) Each application for
a waiver of a specific electrical
requirement shall be filed with the authority
having
jurisdiction and shall be accompanied by such
evidence,
letters, statements, results of tests, or other
supporting
information as required to justify the request.
The authority
having jurisdiction shall keep a record of actions
on such
applications, and a signed copy of the authority
having
jurisdiction's decision shall be provided for the
applicant.
80-15 Electrical Board.
(a) Creation of the Electrical Board. There
is hereby created the
Electrical Board of the _________ of _________
hereinafter
designated as the Board.
(b) Appointments. Board
members shall be appointed by the
Governor with the advice and consent of the Senate
(or by the
Mayor with the advice and consent of the Council,
or the equivalent).
(1) Members of the Board shall be chosen in a
manner to
reflect a balanced representation of individuals
or
organizations. The Chair of the Board shall be
elected by
the Board membership.
(2) The Chief Electrical Inspector in the
jurisdiction adopting
this Article authorized in 80-15(b)(3(a) shall be
the
nonvoting secretary of the Board. Where the Chief
Electrical Inspector of a local municipality
serves a Board
at a state level, he or she shall be permitted to
serve as a
voting member of the Board.
(3) The board shall consist of not fewer than five
voting
members. Board members shall be selected from the
following:
(a) Chief Electrical Inspector from a local
government
(for State Board only)
(b) An electrical contractor operating in the
jurisdiction
(c) A licensed professional engineer engaged
primarily
in the design or maintenance of electrical installations
(d) A journeyman electrician
(4) Additional membership shall be selected from
the:
(a) A master (supervising) electrician
(b) The Fire Marshal (or Fire Chief).
(c) A representative of the property/casualty
insurance industry.
(d) A representative of an electric power utility
operating in the jurisdiction.
(e) A representative of electrical manufacturers
primarily and actively engaged in producing
materials, fittings, devices, appliances,
fixtures, or
apparatus used as part of or in connection with
electrical installations.
(f) A member of the labor organization that
represents
the primary electrical workforce.
(g) A member from the public who is not affiliated
with
any other designated group.
(c) Terms. Of the
members first appointed, _____ shall be
appointed for a term of 1 year, _____ for a term
of 2 years,
_____ for a term of 3 years, and _____ for a term
of 4 years, and
thereafter each appointment shall be for a term of
4 years or
until a successor is appointed. The Chair of the
Board shall
appointed for a term not to exceed ____ years.
(d) Compensation. Each
appointed member shall receive the sum
of ______dollars ($_______) for each day during
which the
member attends a meeting of the Board and, in
addition
thereto, shall be reimbursed for direct lodging,
travel and meal
expenses as covered by policies and procedures
established by
the jurisdiction.
(e) Quorum. A quorum as
established by the Board operating
procedures shall be required to conduct Board
business. The
Board shall hold such meetings as necessary to
carry out the
purposes of Article 80. The Chair or a majority of
the
members of the Board shall have the authority to
call meetings
of the Board.
(f) Duties. It shall be
the duty of the Board to:
(1) Adopt the necessary rules and regulations to
administer
and enforce Article 80.
(2) Establish qualifications of electrical
inspectors.
(3) To revoke or suspend the recognition of any
inspector’s
certificate for the jurisdiction.
(4) After advance notice of the public hearings
and the
execution of such hearings, as established by law,
the
Board is authorized to establish and update the
provisions
for the safety of electrical installations to
conform with
the current edition of the National Electrical
Code (NFPA
70) and other nationally recognized safety
standards for
electrical installations, and;
(5) Establish procedures for recognition of
electrical safety
standards and acceptance of equipment conforming
to
these standards.
(g) Appeals.
(1) Review of Decisions. Any
person, firm or corporation may
register an appeal with the Board for a review of
any
decision of the Chief Electrical Inspector or of
any
Electrical Inspector, provided that such appeal is
made in
writing within fifteen (15) days after such
person, firm or
corporation shall have been notified. Upon receipt
of
such appeal, said Board shall, if requested by the
person
making the appeal, hold a public hearing and
proceed to
determine whether the action of the Board, or the
Chief
Electrical Inspector or of the Electrical
Inspector
complies with this law and, within fifteen (15)
days after
receipt of the appeal or after holding the hearing
shall
make a decision in accordance with its findings.
(2) Conditions. Any
person shall be permitted to appeal a
decision of the authority having jurisdiction to
the Board
when it is claimed that any one or more of the
following
conditions exist:
(a) The true intent of the codes or ordinances
described
in this Code has been incorrectly interpreted
(b) The provisions of the codes or ordinances do
not fully apply
(c) A decision is unreasonable or arbitrary as it
applies
to alternatives or new materials
(3) Submission of Appeals. An
appeal shall be submitted to
the authority having jurisdiction in writing
within 15
calendar days of notification of violation
outlining the
Code provision from which relief is sought and the
remedy proposed.
(h) Meetings and Records. Meetings
and records of the Board
shall conform to the following:
(1) Meetings of the Board shall be open to the
public as
required by law.
(2) Records of meetings of the Board shall be
available for
review during normal business hours, as required
by law.
80-17 Records and Reports. The
authority having jurisdiction shall
retain records as follows:
(a) Retention. The
authority having jurisdiction shall keep a
record of all electrical inspections, including
the date of such
inspections and a summary of any violations found
to exist, the
date of the services of notices, and a record of
the final
disposition of all violations. All required
records shall be
maintained until their usefulness has been served
or as
otherwise required by law.
(b) Availability. A
record of examinations, approvals, and
variances granted shall be maintained by the
authority having
jurisdiction and shall be available for public
review as
prescribed by law during normal business hours.
80-19 Permits and Approvals. Permits
and approvals shall conform
to the following:
(a) Application.
(1) Activity authorized by a permit issued under
this Code shall be
conducted by the permittee or the permittee's
agents or
employees in compliance with all requirements of
this Code
applicable thereto and in accordance with the
approved plans
and specifications. No permit issued under this
Code shall be
interpreted to justify a violation of any
provision of this Code
or any other applicable law or regulation. Any
addition or
alteration of approved plans or specifications
shall be approved
in advance by the authority having jurisdiction,
as evidenced by
the issuance of a new or amended permit.
(2) A copy of the permit shall be posted or
otherwise readily
accessible at each work site or carried by the
permit holder as
specified by the authority having jurisdiction.
(b) Content. Permits
shall be issued by the authority having
jurisdiction and shall bear the name and signature
of the
authority having jurisdiction or that of the
authority having
jurisdiction's designated representative. In
addition, the permit
shall indicate:
(1) Operation or activities for which the permit
is issued.
(2) Address or location where the operation or
activity is to
be conducted
(3) Name and address of the permittee
(4) Permit number and date of issuance
(5) Period of validity of the permit
(6) Inspection requirements
(c) Issuance of Permits. The
authority having jurisdiction shall be
authorized to establish and issue permits,
certificates, notices,
and approvals, or orders pertaining to electrical
safety hazards
pursuant to 80-23, except that no permit will be
required to
execute any of the classes of electrical work
specified in the following:
(1) Installation or replacement of equipment such
as
lamps, and electric utilization equipment approved
for
connection to suitable permanently installed
receptacles.
Replacement of flush or snap switches, fuses, lamp
sockets
and receptacles, and other minor maintenance and
repair
work, such as replacing worn cords and tightening
connections on a wiring device.
(2) The process of manufacturing, testing,
servicing, or
repairing of electric equipment or apparatus.
(d) Annual Permits. In
lieu of an individual permit for each
installation or alteration, an annual permit
shall, upon
application, therefore, be issued to any person,
firm or
corporation regularly employing one or more
employees for
the installation, alteration, and maintenance of
electric
equipment in or on buildings or premises owned or
occupied
by the applicant for the permit. Upon application,
an
electrical contractor as agent for the owner or
tenant shall be
issued an annual permit. The applicant shall keep
records of
all work done and such records shall be
transmitted
periodically to the Electrical
Inspector.
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(e) Fees. Any political
subdivision which has been provided for
electrical inspection in accordance with the
provisions of
Article 80 may establish fees which shall be paid
by the
applicant for a permit before the permit is
issued.
(f) Inspection and Approvals.
(1) Upon the completion of any installation of
electrical
equipment which has been made under a permit other
than an annual permit, it shall be the duty of the
person,
firm or corporation making the installation to
notify the
Electrical Inspector having jurisdiction, who
shall inspect
the work within a reasonable time.
(2) Where the Inspector finds the installation to
be in
conformity with the statutes of all applicable
local
ordinances, and all rules and regulations, the
Inspector
shall issue to the person, firm or corporation
making the
installation a certificate of approval, with
duplicate copy
for delivery to the owner, authorizing the
connection to
the supply of electricity and shall send written
notice of
such authorization to the supplier of electric
service.
When a certificate of temporary approval is issued
authorizing the connection of an installation,
such
certificates shall be issued to expire at a time
to be stated
therein and shall be revocable by the Electrical
Inspector
for cause.
(3) When any portion of the electrical
installation within the
jurisdiction of an Electrical Inspector 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 approved
by the
Electrical Inspector or until _____ days have
elapsed from
the time of such notification; provided that on
large
installations, where the concealment of equipment
proceeds continuously, the person, firm or
corporation
installing the equipment shall give the Electrical
Inspector due notice in advance, and inspections
shall be
made periodically during the progress of the work.
(4) At regular intervals, the Electrical Inspector
having
jurisdiction shall visit all buildings and
premises where
work may be done under annual permits and shall
inspect
all electric equipment installed under such
permits since
the date of the previous inspection. The
Electrical
Inspector shall issue a certificate of approval
for such
work as is found to be in conformity with the
provisions of
Article 80 and all applicable ordinances, orders,
rules and
regulations, after payments of all required fees.
(5) If, upon inspection, any installation is found
not be fully
in conformity with the provisions of Article 80,
and all
applicable ordinances, rules and regulations, the
Inspector making the inspection shall at once
forward to
the person, firm or corporation making the
installation a
written notice stating the defects which have been
found
to exist.
Revocation of Permits. Revocation
of permits shall conform to the
following:
(1) The authority having jurisdiction shall be
permitted to
revoke a permit or approval issued if any
violation of this
Code is found upon inspection or in case there
have been
any false statements or misrepresentations
submitted in
the application or plans on which the permit or
approval
was based.
(2) Any attempt to defraud or otherwise
deliberately or
knowingly design, install, service, maintain,
operate, sell,
represent for sale, falsify records, reports, or
applications,
or other related activity in violation of the
requirements
prescribed by this Code shall be a violation of
this Code.
Such violations shall be cause for immediate
suspension
or revocation of any related licenses,
certificates, or
permits issued by this jurisdiction. In addition,
any such
violation shall be subject to any other criminal
or civil
penalties as available by the laws of this
jurisdiction.
(3) Revocation shall be constituted when the
permittee is
duly notified by the authority having
jurisdiction.
(4) Any person who engages in any business,
operation, or
occupation, or uses any premises, after the permit
issued
therefore has been suspended or revoked pursuant
to the
provisions of this Code, and before such suspended
permit has been reinstated or a new permit issued,
shall
be in violation of this Code.
(5) A permit shall be predicated upon compliance
with the
requirements of this Code and shall constitute
written
authority issued by the authority having
jurisdiction to
install electrical equipment. Any permit issued
under this
Code shall not take the place of any other license
or
permit required by other regulations or laws of
this jurisdiction.
(6) The authority having jurisdiction shall be
permitted to
require an inspection prior to the issuance of a
permit.
A permit issued under this Code shall continue
until revoked or for
the period of time designated on the permit. The
permit shall be
issued to one person or business only and for the
location or
purpose described in the permit. Any change that
affects any of the
conditions of the permit shall require a new or
amended permit.
(g) Applications and Extensions. Applications
and extensions of
permits shall conform to the following:
(1) The authority having jurisdiction shall be
permitted to
grant an extension of the permit time period upon
presentation by the permittee of a satisfactory
reason for
failure to start or complete the work or activity
authorized
by the permit.
(2) Applications for permits shall be made to the
authority
having jurisdiction on forms provided by the
jurisdiction
and shall include the applicant's answers in full
to
inquiries set forth on such forms. Applications
for permits
shall be accompanied by such data as required by
the
authority having jurisdiction, such as plans and
specifications, location, etc. Fees shall be
determined as
required by local laws.
(3) The authority having jurisdiction shall review
all
applications submitted and issue permits as
required. If
an application for a permit is rejected by the
authority
having jurisdiction, the applicant shall be
advised of the
reasons for such rejection. Permits for activities
requiring
evidence of financial responsibility by the
jurisdiction
shall not be issued unless proof of required
financial
responsibility is
furnished.
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80-21 Plans Review. Review
of plans and specifications shall
conform to the following:
(a) Authority. For new
construction, modification, or rehabilitation,
the authority having jurisdiction shall be
permitted to review
construction documents and drawings.
(b) Responsibility of the Applicant. It
shall be the responsibility of
the applicant to ensure that:
(1) The construction documents include all of the
electrical requirements
(2) The construction documents and drawings are
correct
and in compliance with the applicable codes and
standards
(c) Responsibility of the Authority Having
Jurisdiction. It shall be
the responsibility of the authority having
jurisdiction to
promulgate rules that cover the following:
(1) Review of construction documents and drawings
within
established time frames for the purpose of
acceptance or
providing reasons for non-acceptance
(2) Review and approval by the authority having
jurisdiction
shall not relieve the applicant of the
responsibility of
compliance with this Code.
(3) Where field conditions necessitate any
substantial change
from the approved plan, the authority having
jurisdiction
shall be permitted to require the corrected plans
be
submitted for approval.
80-23 Notice of Violations, Penalties. Notice
of violations and
penalties shall conform to the following:
(a) Violations.
(1) Whenever the authority having jurisdiction
determines
that there are violations of this Code, a written
notice
shall be issued to confirm such findings.
(2) Any order or notice issued pursuant to this
Code shall be
served upon the owner, operator, occupant, or
other
person responsible for the condition or violation,
either
by personal service, mail, or by delivering the
same to,
and leaving it with, some person of responsibility
upon
the premises. For unattended or abandoned
locations, a
copy of such order or notice shall be posted on
the
premises in a conspicuous place at or near the
entrance
to such premises and the order or notice shall be
mailed
by registered or certified mail, with return
receipt
requested, to the last known address of the owner,
occupant, or both.
(b) Penalties.
(1) Any person who fails to comply with the
provisions of this
Code or who fails to carry out an order made
pursuant of
this Code or violates any condition attached to a
permit,
approval, or certificate shall be subject to the
penalties
established by this jurisdiction.
(2) Failure to comply with the time limits of an
abatement
notice or other corrective notice issued by the
authority
having jurisdiction shall result in each day that
such
violation continues being regarded as a new and
separate offense.
(3) Any person, firm, or corporation who shall
willfully violate
any of the applicable provisions of this article
shall be
guilty of a misdemeanor and, and upon conviction
thereof, shall be punished by a fine of not less
than
_____dollars ($________) nor more than
_______dollars
($_____) for each offense, together with the costs
of
prosecution and/or imprisonment for not less
than___________(_________) days nor more
than_______(______)days.
80-25 Connection to Electricity Supply. Connections
to the electric
supply shall conform to the following:
(a) Authorization. Except
where work is done under an annual
permit and except as otherwise provided in 80-25,
it shall be
unlawful for any person, firm or corporation to
make
connection to a supply of electricity or to supply
electricity to
any electric equipment installation for which a
permit is
required or which has been disconnected or ordered
to be
disconnected.
(b) Special Consideration. By
special permission of the authority
having jurisdiction, temporary power shall be
permitted to be
supplied to the premises for specific needs of the
construction
project. The Board shall determine what needs are
permitted
under this provision.
(c) Notification. If,
within _____ business days after the Electrical
Inspector is notified of the completion of an
installation of
electric equipment, other than a temporary
approval
installation, the Electrical Inspector has neither
authorized
connection nor disapproved the installation, the
supplier of
electricity is authorized to make connections and
supply
electricity to such installation.
(d) Other Territories. If
an installation or electric equipment is
located in any territory where an Electrical
Inspector has not
been authorized or is not required to make
inspections, the
supplier of electricity is authorized to make
connections and
supply electricity to such installations.
(e) Disconnection. Where
a connection is made to an installation
that has not been inspected, as outlined in the
preceding
paragraphs of this Section, the supplier of
electricity shall
immediately report such connection to the Chief
Electrical
Inspector. If, upon subsequent inspection, it is
found that the
installation is not in conformity with the
provisions of Article
80, the Chief Electrical Inspector shall notify
the person, firm,
or corporation making the installation to rectify
the defects
and, if such work is not completed within fifteen
(15) business
days or a longer period which may be specified by
the Board,
the Board shall have the authority to cause the
disconnection
of that portion of the installation that is not in
conformity.
80-27 Inspector’s Qualifications.
(a) Certificate. All
electrical inspectors shall be certified by a
nationally recognized inspector certification
program accepted
by the Board. The certification program shall
specifically
qualify the inspector in electrical inspections.
No person shall
be employed as an Electrical Inspector unless that
person is the
holder of an Electrical Inspector’s certificate
of qualification
issued by the Board, except that any person who on
the date
on which this law went into effect was serving as
a legally
appointed Electrical Inspector of _________ shall,
upon
application and payment of the prescribed fee and
without
examination, be issued a special certificate
permitting him or
her to continue to serve as an Electrical
Inspector in the same
territory.
(b) Experience. Electrical
inspector applicants shall:
(1) have a demonstrated
knowledge of the standard
materials and methods used in the installation of
electric
equipment, and
(2) be well versed in
the approved methods of
construction for safety to persons and property,
and
(3) be well versed in
the statues of ________ relating to
electrical work and the National Electrical Code,
as
approved by the American National Standards
Institute,
and
(4) have had at least
____ years experience as an
Electrical Inspector or ____ years in the
installation of
electrical equipment. In lieu of such experience,
the
applicant shall be a graduate in electrical
engineering, or
of a similar curriculum of a college or university
considered by the Board as having suitable
requirements
for graduation and shall have had two ____ years
practical
electrical experience.
(c) Re-certification. Electrical
inspectors shall be re-certified as
established by provisions of the applicable
certification
program.
(d) Revocation and Suspension of Authority. The
Board shall have
the authority to revoke an inspector’s authority
to conduct
inspections within a jurisdiction.
80-29 Liability for Damages.
Article 80 shall be construed to affect
the responsibility or liability of any party
owning, operating,
controlling, or installing any electric equipment
for damages to
persons or property caused by an defect therein,
not shall the _____
nor any of its employees be held as assuming any
such liability by
reason of the inspection, re-inspection, or other
examination
authorized.
80-31 Validity. If any
section, subsection, sentence, clause, or
phrase of Article 80 is for any reason held to be
unconstitutional,
such decision shall not affect the validity of the
remaining portions
of Article 80.
80-33 Repeal of Conflicting Acts. All
Acts or parts of Acts in
conflict with the provisions of Article 80 are
hereby repealed.
80-35 Effective Date. Article
80 shall take
effect_________(_________) days after its passage
and publication.
SUBSTANTIATION: This
proposed material was developed to
provide a standardized set of administrative rules
for use with the
National Electrical Code® (NEC®). Standardized
administrative
rules will allow for more consistent adoption,
use, and enforcement
of the NEC®. Additionally, the proposed
requirements develop
requirements for establishment of electrical board
and qualification
requirements for inspection officials. This new
article replaces
NFPA 70L, Administrative Rules, and consolidates
the requirements
of NFPA 70L with the NEC®. NFPA 70L was a
separate document
and has been out of print since 1987. It should be
noted that Article
80 would only be part of the NEC® if specifically
adopted by the
adopting jurisdiction.
The NEC® Task Group on Administrative Rules
developed this
proposal.
PANEL ACTION: Accept.
NUMBER OF PANEL MEMBERS ELIGIBLE TO VOTE: 13
VOTE ON PANEL ACTION:
AFFIRMATIVE: 12
NOT RETURNED: 1 Macias
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