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Home My WebLink AboutBIL 069 Draft 01 2004-2006OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Introduced By: Donald Ikeda Date Introduced: August 3, 2005 First Reading: N/A Published: N/A REMARKS: August 3, 2005 - Close File Second Reading: To Mayor: Returned: Effective: Published: REMARKS: Arakaki Chung Elarionoff Jacobson Leithead-Todd Pisicchio Safarik Tyler Yagong Arakaki Chung Elarionoff Jacobson Leithead-Todd Pisicchio Safarik Tyler Yagong ROLL CALL VOTE AYES I NOES I ABS EX ROLL CALL VOTE AYES I NOES I ABS EX I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date COUNCIL CHAIRMAN COUNTY CLERK Bill No.: Approved/Disapproved this clay Reference: Ord No.: qr 20 _ MA YOR, CO UNTY OF HA WAIL a C-185/PWIRC-5 COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 69 AN ORDINANCE TO AMEND CHAPTER 9 OF THE HAWAII COUNTY CODE, RELATING TO ELECTRICITY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 9, article 1, section 9-3 is amended to read as following: Section 9-3. Scope; exceptions. The provisions of this chapter shall apply to all electrical work and installations in the county, with exceptions as covered by section 90-2(b) of the [-1993] 2002 National Electrical Code and the following: SECTION 2. Chapter 9, article 1, section 9-5 is amended to read as follows: Section 9-5. Definitions. As used in this chapter, the following words shall have the meaning ascribed to them unless it is apparent from the context that a different meaning is intended. "Administrative authority" means the chief engineer of the County department of public works or his authorized representative. "Apprentice" means any person who performs electrical work under the direct supervision and in the presence of a supervising electrician, supervising specialty electrician, journeyman electrician orjoumeyman specialty electrician. "Assistant" means the authorized representatives of the administrative authority. "Board" means the board of appeals. "Department" means the department of public works of the county. "Electrical contractor" means any person who is licensed under the provisions of chapter 444 of the Hawaii Revised Statutes, and possesses a valid, [ aswkpired, and unreveke& ] and active license qualifying him to perform electrical work. "Electrical specialty contractor" means any person who is licensed under the provisions of chapter 444 of the Hawaii Revised Statutes, and possesses a valid, { unexpired, and unFevelied ] and active license qualifying him to perform electrical specialty work. "Electrical wiring" means any conductor, material, device, fitting, apparatus, appliance, fixture and equipment constituting a part of or connected to any electrical installation, attached or fastened to any building, structure or premises and which installation or portion is thereof is designed, intended or used to generate, transmit, transform, or utilize electrical energy within the scope and purpose of the National Electrical Code. "Electrical work" means the installation, alteration, reconstruction, or repair of electrical wiring. "Emergency electrical work" means the repair of electrical wiring to restore electrical service to a building following a fire, to remedy a power failure, and to protect persons and property against short circuiting and open circuits. "Inundation level" means the maximum expected water level due to flooding by rainfall runoff, wind waves and tsunamis as established by the administrative authority. "Journeyman electrician" means any person who has been licensed by the board of electricians and plumbers as a journeyman electrician under the provisions of chapter 448E of the Hawaii Revised Statutes. "Journeyman specialty electrician" means any person who has been licensed by the board of electricians and plumbers as ajourneyman specialty electrician under the provisions of chapter 448E of the Hawaii Revised Statutes. "Maintenance work" means the keeping in repair and operation of any electrical installation, apparatus, fixture, appliance, or equipment. "Person" means any individual, fimt, partnership, association or corporation. However, a firm, partnership, association or corporation is not included within the meaning of person found in the definitions for journeyman electrician, journeyman specialty electrician, supervising electrician, and supervising specialty electrician. "Supervising electrician" means any person licensed by the board of electricians and plumber as a supervising electrician under the provisions of chapter 448E of the Hawaii Revised Statutes. "Supervising specialty electrician" means any person licensed by the board of electricians and plumbers as a supervising specialty electrician under the provisions of chapter 448E of the Hawaii Revised Statutes. "Water -tight" when referring to construction below the inundation level, means constructed to exclude moisture and withstand the hydraulic pressure resulted from the anticipated depth of inundation. SECTION 3. Chapter 9, article 2, section 9-9 (a) is amended to read as follows: (a) All electrical wiring, for which a permit is required, shall be inspected and approved by the administrative authority before being concealed, energized, or used. All fees required by this chapter shall be paid by the [-permitee ]permit applicant prior to the energizing or use of such wiring. SECTION 4. Chapter 9, article 2, section 9-9 is amended by adding a new paragraph (g): (g) The supervising electrician or electrical contractor shall be present on the lob site upon request of the administrative authority. SECTION 5. Chapter 9, article 2, section 9-10 is amended to read as follows: Section 9-10. Nonconforming and defective installations. Whenever any electrical installation is found to have been installed, altered, changed, or reconstructed contrary to the provisions of this chapter or any other law, whenever any electrical installation is found to be in use contrary to the provisions of this chapter or any other law, or whenever any electrical installation, which complied with the existing laws, ordinances, and regulations in effect when the electrical work therein was performed, is found to be unsafe or dangerous to persons or property, the administrative authority shall give the owner or the person in control of that installation a written notice stating the findings with respect to that installation and order the owner or person in control to make corrections to be set forth in the written notice. When found to be unsafe or dangerous to persons or property the defective installation shall be disconnected from the power source and tagged as unsafe to operate until corrective action is made, inspected and approved. SECTION 6. Chapter 9, article 2, section 9-12 (a) is amended to read as follows: (a) No person shall use or supply electrical energy to any electrical installation on which electrical work was or is being performed under a permit issued pursuant to the provisions of this chapter before the administrative authority has approved such installation, and all code and permit requirements of the Hawaii County Code relating to Building (chapters), Electricity (chapter 9), Plumbing (chapter 17), and Outdoor Lighting (chapter 14, article 9) applicable to the use/or structure have been satisfied. EXCEPTION. Power to test may be granted by the administrative authority to commercial and industrial installations in increments of ten days at a time, and not to exceed thirty days total. Provided all of the following conditions are met. (1) Service main disconnect must be capable of being padlocked in the open position. (2) There must be a need. (3) The electrical contractor must remain in direct control of the installation while energized. When testing is completed or the agreed amount of testing time has expired the contractor shall notify the administrative authority to lock the main service disconnect in the open position. SECTION 7. Chapter 9, article 2, section 9-12 is amended by adding a new paragraph (d) (d) Any installation in violation of this section shall be subject to discontinuance of electrical service by the administrative authority. SECTION 8. Chapter 9, article 3, section 9-14 is amended to read as follows: Section 9-14. National Electrical Code adopted. The National Electrical Code, [4494] 2002 Edition, copyrighted [449 12001 by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, 02269, is hereby adopted by reference and made a part hereof. Three copies of this code shall be kept on file and be available for public inspection in the clerk's office. The scope, technical specifications and exemptions set forth in this code are hereby adopted as the standard for electrical work covered by this chapter, provided there are no specific provisions in any other section of this chapter covering the particular matter. SECTION 9. Chapter 9, article 3, section 9-16 (a) is amended to read as follows: (a) It shall be unlawful for any [ pet 44ee 1 permit applicant to perform or allow to be performed any work covered by the permit issued under this chapter in violation of chapter 444 of the Hawaii Revised Statutes, relating to the licensing of contractors, and chapter 448E of the Hawaii Revised Statutes, relating to the licensing of electricians and plumbers. SECTION 10. Chapter 9, article 4, section 9-25 is amended to read as follows: Section 9-25.[Amending the Eleet ieal11.ee. ieali Code by adding mat@Fiali c,t... Mast.] Amending the Electrical Code by deleting material; Article 80 Administration and Enforcement. [T .e NAtionA" ;:lest neal Code iso., eRdad by RdiiBg •" xgi S- ,ioa MAs i3hA o spp4AA most issed fer'1 P..F supp.. ef. en i e d_op for other ,.t.. than Cle., the cusing 51...11 obtain appFaval ffem ll The National Electrical Code is amended by deleting the following: Article 80 -Administration and enforcement ( and is replaced by Hawaii County Code Chanter 9 as pertaining to electricity). SECTION 11. Chapter 9, article 5, division 1, section 9-26 (d) is amended to read as follows: lReplacement of receptacles and switches. SECTION 12. Chapter 9, article 5, division 1, section 9-26 (f) is amended to read as follows: (f) Emergency electrical work by a person to whom a permit may be issued Lsee sections 9-28 and 9-41 of this chapter). SECTION 13. Chapter 9, article 5, division 1, section 9-26 (h) is amended to read as follows: (h) The provisions of the forgoing exceptions shall not apply to any repairs or replacements of electrical devices, apparatus or appliances which were originally installed without a permit when such permit is required for the original installation, or when energized by, or which is a part of any hazardous or illegal wiring system. SECTION 14. Chapter 9, article 5, division 1, section 9-26 (i) is amended to read as follows: (i) iRstalla;iefl, of when eflefgized by, BE whieli is a Pao of any hazujous OF illegal winagsystem..] The forgoing exceptions from permit requirements shall not be deemed to allow anv electrical wiring to be done in a manner contrary to other revisions of this chapter SECTION 15. Chapter 9, article 5, division 1, section 9-33 (a) is amended to read as follows: (a) Plans and specifications giving such details of the proposed installation as may be required by the administrative authority shall be filed with the application. Such plans and specifications shall bear the approval of either a professional engineer registered in the State of Hawaii as especially qualified in the electrical branch of engineering, or a professional architect or other engineer registered in the State of Hawaii and qualified in such work by experience, provided that if the demand load of the proposed installation is less than thirty kilovoltamperes, this requirement shall be applicable only if the administrative authority so directs. EXCEPTION: For new single family dwellings only. Plans and specifications shall not be required provided the installation meets all of the following criteria. (1) Shall not be located in a rain water or sea water flood zone, and (2) Service size does not exceed 200 amperes. SECTION 16. Chapter 9, article 5, division 1, section 9-35 (b) is amended to read as follows: (b) A permit may also be issued to a home owner for electrical work on a single family dwelling which the owner will personally occupy and use exclusively for living purpose, provided the owner is a [peesen] Journeyman electrician, ioumevman specialty electrician, supervising electrician, or supervising specialty electrician licensed under chapter 448E, Hawaii Revised Statutes. Only one such permit may be issued to such homeowner unless the administrative authority finds the strict application would result in practical difficulty and hardship and that the granting of a second permit would not be contrary to the purpose of the Code. This does not preclude the homeowner from obtaining additional permits for the same building or accessory building on the same lot. SECTION 17. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect 60 days after the date of its approval. INTRODUCED BY: 1 11-1-tfr COUNCIL MEMBER, COUNTY OF HAWAI'l Hilo, Hawaii Date of Introduction: Date of 1" Reading: Date of 2" Reading: Effective Date: KZFER"' "CE: Comm. 185