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HomeMy WebLinkAboutORD 1994-072 1992-1994COUNTY OF HAWA~~ STATE OF HAWAII BILL NO. 2 s s (Draft 3) ORDINANCE NO. ~`~ 7" AN ORDINANCE REPEALING ORDINANCE NO. 94-36 AND AMENDING CHAPTER 9 OF THE HAWAII COUNTY CODE 1983 BY REPEALING THE CHAPTER AND BY ADDING A NEW CHAPTER RELATING TO THE COUNTY ELECTRICAL CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 94-36 is hereby repealed. SECTION 2. Chapter 9, Articles 1 through 5, of the Hawaii County Code 1983 is repealed. SECTION 3. The Hawaii County Code 1983 is amended by adding a New Chapter 9 to be numbered and to read as follows: CHAPTER 9 ELECTRICITY Article 1. General Provisions Section 9-1 Title Section 9-2 Purpose Section 9-3 Scope; exceptions Section 9-4 Similar provisions; greater safety to prevail Section 9-5 Definitions Article 2. Administration and enforcement Section 9-6 Administration and enforcement Section 9-7 Nonliability of County for damages Section 9-8 Right of entry Section 9-9 Inspections Section 9-10 Non-conforming and defective installations Section 9-11 Request for inspection Section 9-12 Final inspection required Section 9-13 Responsibility for compliance Article 3. National Electrical Code Section 9-14 National Electrical Code adopted Section 9-15 Compliance; standards of performance Section 9-16 Qualification to perform work Section 9-17 Variances Section 9-18 Appeals regarding alternate materials and methods of construction Section 9-19 Other appeals Section 9-20 Adoption of rules by the board of appeals Section 9-21 Violations and penalty Section 9-22 Prior offenses Article 4. Modifications to Electrical Code Section 9-23 Amending section 600-4 Section 9-24 Amending the Electrical Code by adding material Section 9-25 Amending the Electrical Code by adding material Article 5. Permits for Electrical Work Division 1. Application, Issuance and Contents Section 9-26 Permit required; exceptions Section 9-27 Permit scope 2 Section 9-28 Emergency work Section 9-29 Separate permits required; exception Section 9-30 Permit application; filing; content Section 9-31 Permit issuance; fees Section 9-32 Permit application; immediate action not required Section 9-33 Plans and specifications requirements; deviations Section 9-34 Issuance Section 9-35 Persons to whom permit may be issued Section 9-36 Permit content; posting; time limit for suspension of work Section 9-37 Permit transferability Section 9-38 Suspension or revocation of permit Division 2. Fees and Charges Section 9-39 Fee payment Section 9-40 Fee schedule Section 9-41 Additional fee for work begun without permits Section 9-42 County exception Section 9-43 Charge for extra inspections Section 9-44 Fee for miscellaneous inspections 3 Article 1. General Provisions Section 9-1. Title. This chapter shall be known and may be cited as the County Electrical Code. Section 9-2. Purpose. The purpose of this chapter is to reduce the hazards to persons and property from electrical causes. To accomplish this, the requirements set forth herein are intended to provide a minimum standard for electrical installations in the County. 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 National Electrical Code and the following: (a) Electrical work on buildings or premises owned by or under the direct control of the Federal Government. (b) Electrical work by employees of a public utility within the State under a franchise or charter granted by the State which is regulated by the public utility commission and community antenna television company, while so employed, pursuant to section 448E-13 of the Hawaii Revised Statutes. (c) The provisions of this chapter shall not apply to a municipal system for street lighting, traffic signal or police and fire alarm where installed outside of buildings on public property. 4 (d) Existing electrical installations which complied with the laws, ordinances and regulations in effect when the electrical work thereon was performed, provided that such installations shall be subject to the provisions of section 9-4. (e) All buildings moved into or relocated within the County shall comply with all requirements of this chapter for new buildings and all unused or abandoned wiring and device shall be removed. (f) Electrical work related to work regulated by chapter 397, Hawaii Revised Statutes, as amended relating to the Elevator Code, but not including electrical work for the supply of power to the control panels of elevators, dumb-waiters, escalators, moving walks and manlifts. (q) Replacement or repair of devices and apparatus of air conditioning and refrigeration systems, except electrical work on overcurrent devices which are not physically attached to, or physically mounted on, such systems. (h) The construction, alteration or repair of electrical devices commonly used in the home such as T.V. sets, radios, tape recorders, movie projectors and the like. Section 9-4. Similar provisions; greater safety to prevail. If there are two or more provisions in this chapter or any other chapter, ordinance or statutes, covering the same subject matter, the provisions which provide the greater safety to life or limb, property or public welfare shall prevail. 5 Section 9-5. Definitions. (a) As used in this chapter, the following words shall have the meaning ascribed to them unless it is apparent from the contest that a different meaning is intended: (1) "Administrative authority" means the chief engineer of the County department of public works or his authorized representative. (2) "Assistant" means the authorized representatives of the administrative authority. (3) "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, or journeyman specialty electrician. (4) "Board" means the board of appeals. (5) "Department" means the department of public works of the County. (6) "Electrical contractor" means any person who is licensed under the provision of chapter 444 of the Hawaii Revised Statutes, and possesses a valid, unexpired, and unrevoked license qualifying him to perform electrical work. (7) "Electrical specialty contractor" means any person who is licensed under the provision of chapter 444 of the Hawaii Revised Statutes, and possesses a valid, unexpired, and unrevoked license qualifying him to perform electrical specialty work. 6 (8) "Electrical wiring" means any conductor, material, device, fitting, apparatus, appliance, future, or 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 thereof is designed, intended, or used to generate, transmit, transform, or utilize electrical energy within the scope and purpose of the National Electrical Code. (9) "Electrical work" means the installation, alteration, reconstruction, or repair of electrical wiring. (10) "Emergency electrical work" means the repair of electrical wiring to restore electrical service to a building following a fire, remedy a power failure, and protect persons and property against short circuiting and open circuits. (11) "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. (12) "Journeyman specialty electrician" means any person who has been licensed by the board of electricians and plumbers as a journeyman specialty electrician under the provisions of chapter 448E of the Hawaii Revised Statutes. (13) "Maintenance work" means the keeping in repair and operation of any electrical installation, apparatus, fixtures, appliance, or equipment. 7 (14) "Person" means any individual, firm, partnership, association or corporation. However, a firm, partnership, association or corporation are not included within the meaning of person found in the definitions for journeyman electrician, journeyman specialty electrician, supervising electrician, and supervising specialty electrician. (15) "Supervising electrician" means any person licensed by the board of electricians and plumbers as a supervising electrician under the provisions of chapter 448E of the Hawaii Revised Statutes. (16) "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. (17) "Inundation level" means the maximum expected water level due to flooding by rainfall runoff, wind waves and tsunamis as established by the administrative authority. (18) "Water-tight," when referring to construction below the inundation level, means constructed to exclude moisture and withstand the hydraulic pressure resulting from the anticipated depth of inundation. 8 Article 2. Administration and Enforcement Section 9-6. Administration and enforcement. Unless otherwise provided for by law, the department of public works of the County shall have jurisdiction over and administer all matters covered by this chapter. Section 9-7. Nonliability of County for damages. (a) This chapter shall not be construed to relieve from or lessen the responsibility of such person owning, operating or installing any electrical wires, appliances, apparatus, construction, or equipment for damages to any one injured by any defect therein. (b) Neither the County nor any department, board, commission, officer, employee, or the administrative authority shall be held liable or responsible for any damage or injury caused by or resulting from the issuance of any permit issued, or any inspection or approval or issuance of a certificate of inspection, made under the provisions of this chapter. Section 9-8. Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the administrative authority or his assistant has reasonable cause to believe that there ezists in any building, structure or premises hazards to persons and property from electrical causes, the administrative authority or his assistant may enter such building, structure, or premises at 9 all reasonable times to inspect the same or to perform any duty imposed upon the administrative authority by this chapter; provided, that if such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, or premises and demand entry. If such entry is refused, the administrative authority or his assistant shall have recourse to every remedy provided by law to secure entry. Section 9-9. Inspections. (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 permittee prior to the energizing or use of such wiring. (b) No person shall use, operate, or maintain, or cause or permit to be used, operated, or maintained, any electric wiring until it is inspected and approved. (c) No serving agency shall supply, or cause or permit to be supplied, electric energy to any electric wiring until the wiring has been inspected and approved, and all code and permit requirements of the Hawaii County Code relating to Building (Chapter 5), Electricity (Chapter 9), Housing (Chapter 11), and Plumbing (Chapter 17), and Outdoor Lighting (Chapter 14, Art. 9) applicable to the use and/or structure have been satisfied. 10 EXCEPTION: Temporary construction services as prescribed under this chapter and to be used during construction only. (d) No person shall conceal, enclose, or cover, or cause or permit to be concealed, enclosed, or covered, any portion of any electric wiring or equipment in any manner which will interfere with or prevent the inspection and approval thereof. (e) Fiztures, appliances, devices, or equipment shall not be connected to any electric wiring until the rough electric wiring, including conductors, have been inspected and approved, ezcept as otherwise satisfactory to the department. (f) All obstructions, covers, plates, tapes, light fiztures, etc., which makes impracticable the making of a thorough inspection of electric wiring shall be removed upon notice (either verbal or in writing) to do so, and shall be kept removed until the electric wiring has been inspected and approved. Section 9-10. Non-conforming 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 ezisting laws, ordinances, and regulations in effect when the electrical work thereon was performed, is found to be unsafe or 11 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 other person in control to make the corrections to be set forth in the written notice. Section 9-11. Request for inspection. Whenever any work regulated by this chapter, or any portion thereof, is ready for inspection, the administrative authority shall be notified by the permit holder that same is ready for inspection. The notice shall be in writing on forms furnished by the administrative authority, or may be by telephone at the option of the administrative authority. The notice shall be filed with the department not less than forty-eight hours and not more than seventy-two hours before any such inspection is desired. (a) The administrative authority shall proceed to inspect the same or to make inspection arrangements within forty-eight hours, not including weekends or holidays, after receipt of such notice. When work conforms in all respects with the provisions of this chapter, a notice granting authority to proceed with installations shall be given. (b) No electrical wiring shall be covered or concealed until the forty-eight hours have expired after the scheduled inspection or until the administrative authority has approved 12 the installation and given permission to cover or conceal the same. Should the administrative authority condemn any of said work or equipment as not being in accordance with the provisions of this chapter, notice in writing to that effect shall be given by them to the person engaged in the work. (c) Within a reasonable time thereafter, the work or equipment shall be altered or removed as required, and necessary changes shall be made so that all such work and equipment may fully comply with the provisions of this chapter before further work is connected on or with the condemned work or equipment. In default, the electrical contractor shall be liable to the penalties provided in this chapter, and any and every owner, contractor or other person engaged in construction of the building or structure, or otherwise, covering or allowing to be covered such portion of work or equipment, or removing any notice not to cover same placed thereon by the administrative authority shall likewise be liable to the penalties provided for in this chapter. Section 9-12. Final inspection required. (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 13 (Chapter 5), Electricity (Chapter 9), Housing (Chapter 11), Plumbing (Chapter 17) and Outdoor Lighting (Chapter 14, Art. 9) applicable to the use and/or structure have been satisfied. (b) Whenever electric wiring has been approved, a certificate of inspection therefor shall be issued on demand, provided all fees required by this chapter have been paid. (c) The supervising electrician shall be present on job site upon the request of the administrative authority. Section 9-13. Responsibility for compliance. Every person installing, altering, repairing, using, or maintaining electric wiring shall be responsible for compliance with this chapter. 14 Article 3. National Electrical Code Section 9-14. National Electrical Code adopted. The National Electrical Code, 1993 Edition, copyrighted 1992 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 the Code, provided there are no specific provisions in any other section of this Code covering the particular matter. Section 9-15. Compliance; standards of performance. (a) No person shall do or cause to be done any electrical work which does not comply with the provisions of this chapter. (b) No person shall perform any work covered by this chapter in violation of the provisions of chapter 448E of the Hawaii Revised Statutes. Section 9-16. Qualification to perform work. (a) It shall be unlawful for any permittee 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. 15 (b) Any person engaged in a business involving performance of electrical work covered by this chapter, shall maintain a place of business in a business or industrial zone in accordance to the provisions of the zoning chapter, with a listed telephone number and be principally engaged in said business during the normal business hours for said place of business. Section 9-17. Variances. Whenever strict application of any provision of this chapter, except for the provisions relating to materials, methods of construction, equipment, fixtures, devices, or appliances, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, the owner may petition the board of appeals for a variance from the provision. In granting a variance, the board of appeals shall prescribe any conditions that it deems to be necessary or desirable. However, no variance from the strict application of this chapter shall be granted by the board of appeals unless it finds: (a) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the neighborhood or surrounding property, and that the circumstances or conditions are such that the strict 16 application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building; and (b) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted is the minimum variance that will accomplish this purpose; and (c) That the granting of the variance will be consistent with the intent and purpose of this chapter, and will not be injurious to persons or property or create additional fire hazards, and will not otherwise be detrimental to the public welfare. in making its determination, the board of appeals shall take into account the character, use, and type of occupancy and construction of adjoining buildings, buildings on adjoining lots, and the building or land involved. Section 9-18. Appeals regarding alternate materials and methods of construction. Any person denied the use of new or alternate materials, methods of construction, equipment, fiztures, devices, or appliances by the administrative authority, may, appeal the decision to the board of appeals. In considering an appeal, the board may require any reasonable test of the proposed material, method of construction, equipment, fizture, device, or appliance, and the appellant shall pay all ezpenses necessary for the test. The board of appeals may affirm the decision of the administrative authority, or it may reverse the decision if it finds: 17 (a) That the new or alternate materials, methods of construction, equipment, fixtures, devices, or appliances meet standards established by this chapter; and (b) That permitting the requested use will not jeopardize the safety of persons or property; and (c) That the requested use will not be contrary to the intent and purpose of this chapter. Section 9-19. Other appeals. Any person aggrieved by the decision of the administrative authority in the administration or application of this chapter, other than that prescribed in sections 9-17 and 9-18, may, within thirty days after the administrative authority's decision, appeal the decision to the board of appeals. The board of appeals may affirm the decision of the administrative authority, or it may reverse or modify the decision if the decision is: (a) In violation of this chapter or other applicable law; or (b) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or (c) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. Section 9-20. Adoption of rules by the board of appeals. The board of appeals shall adopt rules pursuant to chapter 91 of the Hawaii Revised Statutes, necessary for the purposes of this article. 18 "Section 9-21. Violations and Penalties. (a) General. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. (b) Notice of Violation. Whenever any person, firm, or corporation violates any provisions of this code, the building official shall serve a notice of violation to the party responsible for the violation to make the building or structure or portion thereof comply with the requirements of this code. The notice of violation shall include at least the following information: (1) Date of the notice; (2) The name and address of the person noticed and the location of the violation; (3) The section number of the ordinance, code, or rule which has been violated; (4) The nature of the violation; (5) The deadline for compliance with the notice; and (6) Appeal to Building official information. (c) Criminal Prosecution. (1) General. Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed 19 guilty of a separate offense for each and every day or portion thereof during which any violation of any provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both fine and imprisonment. (2) Any officer, or inspector designated by the building official, who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of the Electrical Code (hereinafter referred to as 'Authorized personnel'), may issue a summons or citation in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by warrant or such other judicial process as is permitted by statute or rule of court. (3) Any authorized personnel designated by the building official, upon making an arrest for a violation of the Electrical Code may take the name and address of the alleged violator and shall issue to the violator in writing a summons or citation hereinafter described, notifying the violator to answer the complaint to be entered against the violator at a place and at a time provided in said summons or citation. (4) There shall be provided for use by authorized personnel, a form of summons or citation for use in citing violators of the Electrical Code which does not mandate the 20 physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawaii and the County of Hawaii. (5) In every case when a citation is issued, the original of the same shall be given to the violator; provided that the administrative judge of the district court may prescribe by giving to the violator a carbon copy of the citation and provide for the disposition of the original and any other copies. (6) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. (d) Administrative Enforcement. In lieu of or in addition, if the building official determines that any person, firm, or corporation is not complying with a notice of violation, the building official may have the party responsible for the violations served, by mail or delivery, with an order pursuant to this section. (1) Contents of the Order. (A) The order may require the party responsible for the violation to do any or all of the following: 21 (a) Correct the violation within the time specified in the order; (b) Pay a civil fine not to exceed $1,000 in the manner, at the place and before the date specified in the order; (c) Pay a civil fine not to exceed $1,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. (B) The order shall advise the party responsible for the violation that the order shall become final 30 calendar days after the date of its delivery. The order shall also advise that the building official's action may be appealed to the Board of Appeals. (2) Effect of Order; Right to Appeal. The provisions of the order issued by the building official under this section shall become final 30 calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order to the Board of Appeals as provided by Section 9-18 of this code. The appeal must be received in writing on or before the date the order becomes final. However, an appeal to the Board of Appeals shall not stay any provision of the order. 22 (3) Judicial Enforcement of Order. The building official may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the building official need only show that the notice of violation and order were served, that a civil fine was imposed; the amount of the civil fine imposed and that the fine imposed has not been paid." Section 9-22. Prior offenses. Nothing contained in any provision of this chapter shall apply to an act done or omitted, or to an offense committed at any time before the enactment of this chapter. Such act or omission shall be governed by, and any such offense shall be punished according to the provisions existing when such act, omission or offense, occurred in the same manner as if this chapter has not been enacted. 23 Article 4. Modifications to Electrical Code Section 9-23. Amending section 600-4. Section 600-4 is amended to read: Every electric sign of any type, filed or portable, shall be listed or approved. EXCEPTION: Such approval will not be required provided: 1. The sign is constructed and assembled of approved components in accordance with recognized standards. 2. The sign is inspected and approved before erection. Section 9-24. Amending the Electrical Code by adding material. The National Electrical Code is amended by adding the following: Rain Water and Sea Water Flooding Standards. The following paragraphs shall supplement the requirements of the National Electrical Code for electrical work subject to inundation by rainfall run-off or sea waves: 1. Services: a. Location. Service equipment shall be located above the inundation level or shall be installed in water-tight enclosure, room, or vault, and shall be readily accessible in any case. b. Ground Fault Protection. Ground fault protection shall be provided for all grounded wye electrical services. 24 2. Ground Fault Protection: a. Approved ground fault circuit protection shall be provided for all feeder and branch circuits below or extending into inundation level. 3. Wiring Method and Material: a. Distribution Equipment. Equipment such as transformers, fuses, panelboards, switchboards, disconnects, circuit breakers, controllers and other devices used for control, disconnecting means, ground fault protection, or overcurrent protection shall be located above the inundation level, unless made of water-tight construction. 4. The chief engineer shall have the authority to consider exceptions to the provisions of the requirements of this section and may grant variance from the provisions thereof, if local topographic conditions clearly indicate that the possibility of flooding is not present. Section 9-25. Amending the Electrical Code by adding material. The National Electrical Code is amended by adding the following: Service Mast. Where a service mast is used for the support of service drop for other than electric service the using companies shall obtain approval from Hawaii Electric Light Company prior to attachment of the service to the mast. 25 Article 5. Permits for Electrical Work Division 1. Application, Issuance and Contents Section 9-26. Permit required; exceptions. No person shall perform any electrical work or cause or permit the same to be done, unless a permit therefor has been obtained from the administrative authority with the following exceptions: (a) Electric work and installations to which the provisions of this chapter are expressly declared to be not applicable. (b) Installation of any portable motor or other portable appliance energized by means of a cord or cable having attachment plug and, if such cord or cable is permitted by this chapter. (c) Repair of any fined motor or other appliance, or replacement of any fixed motor with another having the same horsepower rating and situated at the same location. (d) Replacement of attachment plug receptacles, but not the outlet therefor. (e) Maintenance work by a properly licensed electrician. (f) Emergency electrical work by a person to whom a permit may be issued. (g) Radio and television receiving antenna systems other than master or community systems in or about commercial and industrial buildings, including hotels, multiple family dwellings, and apartment houses. 26 (h) Sound recording systems for a single-family or two-family dwelling. (i) The provisions of the foregoing 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. (j) The foregoing exceptions from permit requirements shall not be deemed to allow any electrical wiring to be done in a manner contrary to other provisions of this chapter. Section 9-27. Permit scope. (a) The issuance of a permit is not an approval or an authorization of work specified therein. A permit is merely an application for inspection, the issuance of which entitles the permittee to inspection of the work which is prescribed therein. (b) Neither the issuance of a permit nor the approval by the administrative authority of any document shall constitute an approval of any violation of any provision of this chapter or of any other law or ordinance, and a permit or other document purporting to give authority to violate any law shall not be valid with respect thereto. Section 9-28. Emergency work. When emergency electrical work is commenced without a permit, an application for a permit for the work shall be made pursuant to the provisions of section 9-30, as soon as possible after the work is commenced. 27 Section 9-29. Separate permits required; exception. A separate permit shall be obtained for each building or structure, ezcept that a permit for a main building may include electrical work for a private garage, shed, or accessory building located on the same premises as the main building, and supplied by a feeder or circuit from the main building. Section 9-30. Permit application; filing; content. (a) To obtain a permit, the applicant shall file an application on forms furnished by the administrative authority. The application shall contain all information necessary to the lawful enforcement of the provisions of this chapter. (b) The application shall be accompanied by approved plans and specifications or a suitable diagram when and as required by section 9-33. Section 9-31. Permit issuance; fees. When the administrative authority determines that the information on the application and plans is in conformance with this chapter, the administrative authority shall issue a permit upon receipt of the total fees. Section 9-32. Permit application; immediate action not required. Nothing contained in this chapter shall be construed to require the administrative authority to immediately accept or reject any application, whenever it is necessary to investigate the proposed wiring and premises as to its compliance with this chapter, or it is necessary to check plans and specifications accompanying the application. 28 Section 9-33. Plans and specifications requirements; deviations. (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. (b) No person shall materially deviate from any approved plan or specifications or fail, neglect or refuse to comply therewith, unless permission to do so has first been obtained from the department. Section 9-34. issuance. If the administrative authority is satisfied that the installation described in the application will conform to the provisions of this chapter and all pertinent laws, and the fee prescribed in division 2 of this article has been paid, he may issue a permit to the persons specified in section 9-35. 29 Section 9-35. Persons to whom permit may be issued. A permit to do electrical work regulated by this chapter may be issued only to: (a) A contractor who is licensed under the provisions of chapter 444 of the Hawaii Revised Statutes, and possesses a valid, unexpired, unrevoked license which qualifies him to perform electrical or electrical specialty work. (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 purposes, provided the owner is a person licensed under Chapter 448E, Hawaii Revised Statutes. Only one such permit may be issued to such home owner unless the administrative authority find 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 home owner from obtaining additional permits for the same building or accessory building on the same lot. (c) A supervising electrician or supervising specialty electrician: (1) Who is employed as a maintenance electrician by someone other than a contractor described above; or (2) Who is donating his services to an eleemosynary institution for temporary electrical installation; or (3) Who is employed by the County or State; or (4) Who is applying for electrical work for his own dwelling. 30 Section 9-36. Permit content; posting; time limit for suspension of work. Every permit shall be issued in such form and detail as shall be prescribed by the administrative authority, shall specify the geographical location of the premises whereon the work authorized thereby is to be done, shall be valid only for the location so specified, and shall be conspicuously posted by the holder thereon on the premises. if the work authorized by any permit shall be continuously suspended for a period of ninety days, such permit shall thereupon, and thereafter, be null and void. Section 9-37. Permit transferability. No permit shall be assigned, transferred or loaned to another by the person to whom it was issued. Section 9-38. Suspension or revocation of permit. The administrative authority may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit has been issued in error or on the basis of incorrect information supplied, or in violation of any ordinance, regulation or provision of this chapter. in such event, the permit fee shall not be refunded. Division 2. Fees and Charges. Section 9-39. Fee payment. A fee in accordance with the schedule set forth in this division shall be paid to the director of finance for each electrical permit. 31 Section 9-40. Fee schedule. (a) issuing Permits. A fee shall be paid for issuing each permit in addition to all other charges specified herein .............................................. $5.00 each (b) Service Installations. For required size of service equipment of single phase construction (including meter loop). Not over 100 amperes .......................... $ 8.00 Over 100 but not over~200 amperes .................. 10.00 Over 200 but not over 400 amperes .................. 12.00 Over 400 amperes ................................... 14.00 For required size of service equipment of three phase construction (including meter loop). Not over 100 amperes ............................. $10.00 Over 100 but not over 200 amperes .................. 12.00 Over 200 but not over 400 amperes .................. 14.00 Over 400 amperes ................................... 16.00 (c) Feeder Circuits equipment. For required size of feeder Not over 100 amperes ........................... $ 6.00 Over 100 but not over•200 amperes .................. 5.00 Over 200 but not over 400 amperes .................. 10.00 Over 400 amperes ................................... 12.00 (d) Wiring circuits in or about commercial and industrial buildings, including hotels, multiple family dwellings and apartment house. Each circuit for general light and convenience outlets ... ................. $ 4.00 Each outlet for radio and television antenna system and loudspeaker ....... ... .... 1.00 Control wiring air-conditioning and refrigeration for each compressor unit ......................... 6.00 Fire and burglar alarm system .. .............. 30.00 ... .. For any other type of circuits and outlets ......... 12.00 32 (e) Wiring circuits in or about a single family dwelling. Each circuit of the first five circuits for general lighting and convenience outlets ................. $ 6.00 Each additional circuit for such outlets ........... 4.00 Fire and burglar alarm system ... .. .......... 6.00 .. ..... For any other type of circuits and outlets ......... 4.00 (f) Cooking Appliances. Single and Multiple Family Dwellings and Apartments. For each electric range circuit .... ......... $ 6.00 ... ... For each built-in counter-top range circuit ........ 6.00 For each built-in oven circuit ..................... 6.00 NOTE: For the purpose of this Code, "range" shall mean a complete self-contained, free standing, cooking unit, containing top cooking units and ovens which is connected to one outlet; a "built-in counter top range" shall mean an assembly of cooking units which is installed in a counter and connected to an outlet separately from an oven; a "built-in oven" shall mean an oven for the preparation of food in a residence and which is connected to a separate outlet. Each oven and each counter top cooking unit assembly shall be served by separate branch circuits. (g) Commercial Cooking Appliances. (Bakers, restaurants, cafeterias, and other establishments preparing food for sale to public.) Range, fry-kettles, oven steam table broiler, roaster and other cooking devices: For each circuit not over 12 kw ..... ....... $ 6.00 For each circuit over 12 kw but not over 24 kw ..... 8.00 For each circuit over 24 kw ........................ 10.00 33 (h) Heaters. (1) Single and Multiple Family Dwellings and Apartments. For each water heater circuit ................. For each air heater circuit, capacity up to 1650 watts .... ..... .......... For each air heater circuit, capacity 1650 watts or more .......................... (2) Commercial or Industrial. $ 6.00 4.00 6.00 Water heaters: Each circuit .................. $ 6.00 Air and/or Space Heaters: For each circuit not over 5 kw .... ... 6.00 For each circuit over 5 kw but not over 15 kw 8.00 For each circuit over 15 kw ................... 10.00 Electric Kilns: For each circuit not over 6 kw ................ $ 6.00 For each circuit over 6 kw but not over 12 kw 8.00 For each circuit over 12 kw but not over 24 kw 10.00 For each circuit over 24 kw ................... 12.00 Electric Furnaces: For each circuit not over 12 kw ............... $ 8.00 For each circuit over 12 kw but not over 24 kw 10.00 For each circuit over 24 kw but not over 48 kw 12.00 For each circuit over 48 kw but not over 96 kw 14.00 For each circuit over 96 kw ................... 16.00 Infra-red heat-treating and paint baking: For each circuit over not over 5 kw ........... $ 6.00 For each circuit over 5 kw but not over 15 kw 8.00 For each circuit over 15 kw but not over 50 kw 10.00 For each circuit over 50 kw but not over 100 kw ........ .................... 16.00 For each circuit over 100 kw .................. 4.00 (i) Laundry Dryer Circuit. (1) Single and Multiple Family Dwellings and Apartments. For each circuit ............................... $6.00 34 (2) Commercial Laundry Dryer Circuit: For each circuit, the fee shall be $4 plus any additional charge for driving motor according to HP as set forth in the schedul e under section 9-40(0). (j) High Potential Gas Tube Lighting and Signs: For each sign or decorative outline tubing ......... $ 6.00 For gas tubing lighting (exclusive of .... ... ... fluorescent lighting) .. .... ........... 4.00 For each flasher in connection with a sign ......... 4.00 For installing flasher on an existing sign ......... 6.00 For connecting a sign after moving to a new location ............ ...... .... ....... 6.00 For reconnecting a removed sign at the previous location ......................................... 6.00 (k) Temporary Lights. Not over 50 lamps .... ............................ $ 8.00 .... .... ... Over 50 but not over 100 lamps .. ...... 14.00 Each succeeding 100 lamps or fraction thereof ...... 6.00 (1) Permanent Decorative Lighting, etc. Decorative lighting, and footlights borders and strips in theatres, where 100 or less sockets are installed ..... ... ..... .......... $12.00 Additional 50 sockets or fraction thereof .......... 8.00 (m) Portable Electric Signs. A "portable electric sign" means a small advertising contrivance operated with electricity and used in interior of buildings only which is capable of being moved or removed at will without damaging or altering the structure or finish at or adjacent to the location thereof, and which is not attached or fastened in place by nails, screws, bolts, conductors, wiring enclosures or in any other manner. No fee shall be required for such portable electric signs when the outlet and circuit to which it is attached has been installed pursuant to a valid permit. 35 (n) Lighting Fiztures. For each set of ten fiztures or fraction thereof: (fees to be charged only when circuit wiring is ezcluded.) .................................... $ 8.00 (o) Motors. For each separate motor fiaed: Not over 1/3 HP ................................ $ 4.00 Over 1/3 HP but not•over 1 HP ...................... 6.00 Over 1 HP but not over 3 HP ........................ 8.00 Over 3 HP but not over 8 HP ........................ 10.00 Over 8 HP but not over 15 HP ....................... 12.00 Over 15 HP but not over 50 HP ...................... 14.00 Over 50 HP but not over 100 HP ..................... 16.00 Over 100 HP ........................................ 40.00 (p) Temporary Motors, Installation. First 2 circuits ............................. $12.00 Each additional circuit ............................ 8.00 No fee shall be required for moving any temporary construction motor from one place to another, when such temporary motor is attached to an outlet for which a permit has been issued and the permit fee therefor has been once paid. Temporary motor installations for carnival rides, etc., a flat fee of $50 shall be charged. (q) Generators, Capacitors, Reactors, Transformers Fized, and all other alternate energy power sources. For the purpose of this subsection 1 KW is equivalent to 1 KVA. Not more than 5 KW ... .......................... $10.00 Over 5 KW but not over•15•Kw ....................... 24.00 Over 15 KW ......................................... 40.00 36 (r) Miscellaneous. Each motion picture projection machine using 35 mm or larger film ............................. $30.00 Each X-ray machine outlet .......................... 10.00 Each dental chair outlet ........................... 12.00 Each electric organ outlet ........................ 8.00 Each electric welder outlet ... ................ 10.00 .. ... Each street lighting standard or fixture ........... 8.00 Each transfer switch (double throw) ................ 20.00 For conduit and raceway installation, a fee of $6 shall be charged for each two hundred lineal feet of conduit and raceway or any fraction thereof. (Fees are to be charged only when circuit wiring is excluded.) (s) Repairs, Alterations, Additions. Permit fees for additions to or alterations of e$isting work shall be the same as for new work. Permit fees for repair or for work for which a permit is required but for which no fee is herein provided shall be $5. Section 9-41. Additional fee for work begun without permits. Where work for which a permit is required by this chapter is started or proceeded prior to obtaining of said permit, the fee shall be $100 plus the fees specified by section 9-40 or the fees specified by section 9-40 be doubled, whichever is greater, but payment of such fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein. This provision does not apply to emergency work when proved to the satisfaction of the 37 administrative authority that such work was urgently necessary and it was not practical to obtain a permit therefore before the commencement of work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such a permit, the penalty will be charged. Section 9-42. County exception. The County and all contractors performing work under authority of the County shall be exempt from the requirements to pay permit fees. Section 9-43. Additional and Miscellaneous Inspections. A requested or scheduled inspection wherein the work to be inspected is not complete or ready for inspection, the permit holder of the permit shall pay the Director of Finance $50 for each inspection. A requested inspection wherein no permit has been issued or for general requirements regarding the health, safety or welfare of the people, the person requesting the inspection shall pay the Director of Finance $50 foz each inspection. SECTION 4. If any provision of this ordinance or 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. 36 SECTION 5. This ordinance shall take effect upon the Mayor's approval. INTRODUCED BY: c COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: June 1, 1994 Date of 1st Reading: June 1, 1994 Date of 2nd Reading: June 15, 1994 Effective Date: June 17, 1994 l~~°?~~'~!EO ^es t~ y/~{~ r 't` CGb'ipr )~~ i :>I1 r PJ EL C Date __...fr.~_[~{- 'f l ••-------•~ 39 OFFICE OF THE COUNTY CLERK ~ ., County of Hawaii Hilo ,Hawaii 'gy JUr i i F~~`{ b Introduced By: Robert Rosehill Date Introduced: June 1, 1994 First Reading: June 1, 1994 Published: June 6. 1994 REMARKS: Second Reading: June 15, 1994 To Mayor: June 15, 1994 Returned: June 17 , 1994 Effective: June 17, 1994 Published: June 23, 1994 REMARKS: ( DRAFT 3) ., ,. , . I.,.,;I I ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X BONK-ABRAMSON X CHILDS X _ __ DE LIMA X DOMINGO X iini.E X RnTx X ROSEHILL X SCHUTCE X 9 0 0 0 (DRAFT 3) ROLL CALL VOTE AYES NOES ABS EX ARAKAHI X BONK-ABRAMSON X CHILDS X DE LIMA DOMINGO X HALE RATH X ROSEHILL X SCHUTTE I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. _ APFItOVED as to FORl~1 and LEGALII t CORPORATION (ZOUN~EL COUNTY OF tiAWAlI Date Approved/Domed this / ~ day of , 19 9~ _ ~~ MAYOR, COUNTY OF HAWAII Bill No.: 255 ;Draft 3 ) Reference: Ord. No.: q~ '72