HomeMy WebLinkAboutOrdinance 05-129COUNTY OF HAWAII
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STATE OF HAWAII
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BILL NO. 126
ORDINANCE NO. CJS 129
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, Hawaii County Code 1983 (June
2005 edition), is amended to read as follows:
"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 [4414] 2002 National
Electrical Code and the following:
f(a4 }(1) Electrical work on buildings or premises owned by or under the direct control of'
the Federal government.
{03440 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, Hawaii Revised Statutes.
{(s}](3) 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*tj) 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.
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 devices shall be removed.
{{f}](6) 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, dumbwaiters,
escalators, moving walks, and manlifts.
[(g*L7) Replacement or repair of devices and apparatus of air conditioning and
refrigeration systems, except electrical work on overcurrent devices which arc
not physically attached to, or physically mounted on, such systems.
{(-k�4(8) The construction, alteration or repair of electrical devices commonly used in the
home such as television sets, radios, tape recorders, movie projectors and the
like."
SECTION 2. Chapter 9, article 1, section 9 -5, Hawaii County Code 1983 (updated
June 2005), is amended by amending the definitions of "Electrical contractor,"
"Electrical specialty contractor," "Electrical wiring," and "Inundation level" to read as
follows:
` ° Electrical contractor' means any person who is licensed under the provisions of
chapter 444, Hawaii Revised Statutes, and possesses a valid, [unehpired aad unre ek@ddl
and active license qualifying [h4i1] such person to perform electrical work."
"'Electrical specialty contractor' means any person who is licensed under the
provision of chapter 444, Hawaii Revised Statutes, and possesses a valid, [tom expired,
and nrevel4e4] and active license qualifying [h4m] such person to perform electrical
specialty work."
"`Electrical wiring' means any conductor, material, device, fitting, apparatus,
appliance, fixture, 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."
"`Inundation level' means the maximum expected water level due to flooding by
rainfall runoff, wind, waves, and tsunamis as established by the administrative authority."
SECTION 3. Chapter 9, article 2, section 9 -9, Hawaii County Code 1983 (updated
June 2005), is amended to read as follows:
"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 [pen+iittee] permit applicant 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), Affordable Housing (chapter 11), Plumbing (chapter 17),
and Outdoor Lighting (chapter 14, article 9) applicable to the use and /or structure
have been satisfied.
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(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.
2
(e) Fixtures, appliances, devices, or equipment shall not be connected to any electric
wiring until the rough electric wiring, including conductors, have been inspected and
approved, except as otherwise satisfactory to the department.
(f) All obstructions, covers, plates, tapes, light fixtures, etc., which make 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.
(g) The supervising electrician or electrical contractor shall be present on the job site
upon request of the administrative authority."
SECTION 4. Chapter 9, article 2, section 9 -10, Hawaii County Code 1983
(updated June 2005), 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 [ther@@R]
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
other person in control to make the 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 5. Chapter 9, article 2, subsection 9- 11(c), IIawai`i County Code 1983
(updated June 2005), is amended to read as follows:
"(c) 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 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."
SECTION 6. Chapter 9, article 2, section 9 -12, Hawai` i County Code 1983
(updated June 2005), is amended to read as follows:
"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 (chapter 5), Electricity (chapter 9), Affordable Housing (chapter
11), Plumbing (chapter 17), and Outdoor Lighting (chapter 14, article 9) applicable
to the use and /or structure have been satisfied.
EXCEPTION: Power to test an electrical installation may be granted by the
administrative authority for commercial installations, provided all of the following
conditions are met:
(1) The service main disconnect must be capable of being padlocked in the open
position;
(2) There must be a need to test the installation; and
(3) The electrical contractor must remain in direct control of the installation while it
is energized.
Permission may be granted for testing to proceed for ten day periods, not to exceed
thirty days total. When testing is completed or the permitted amount of testing time
has expired, the contractor shall notify the administrative authority to lock the main
service disconnect in the open position.
(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 the job site upon the request of the
administrative authority.
(d) Any installation in violation of this section shall be subject to discontinuance of
electrical service by the administrative authority."
SECTION 7. Chapter 9, article 3, section 9 -14, Hawaii County Code 1983
(updated June 2005), is amended to read as follows:
"Section 9 -14. National Electrical Code adopted.
The National Electrical Code, [449 -3] 2002 Edition, copyrighted [449 -] 2001 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 8. Chapter 9, article 3, subsection 9- 16(a), Hawaii County Code 1983
(updated June 2005), is amended to read as follows:
"(a) It shall be unlawful for any [wee] permit applicant to perform or allow to
be performed any work covered by the permit issued under this chapter in
violation of chapter 444, Hawaii Revised Statutes, relating to the licensing of
contractors, and chapter 448E, Hawaii Revised Statutes, relating to the
licensing of electricians and plumbers."
4
SECTION 9. Chapter 9, article 3, section 9 -17, Hawaii County Code 1983
(updated June 2005), is amended to read as follows:
"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:
{{aj]LD 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 application of the provisions
of this chapter would deprive the applicant of the reasonable use of the land or
building;
R-"(2) 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
{{e) }(3) 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 10. Chapter 9, article 3, section 9 -18, Hawaii County Code 1983
(updated June 2005), is amended to read as follows:
"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, fixtures, 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, fixture,
device, or appliance, and the appellant shall pay all expenses 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:
{(a4]I I ) That the new or alternate materials, methods of construction, equipment,
fixtures, devices, or appliances meet standards established by this chapter; [a*4]
{(bq(2) That permitting the requested use will not jeopardize the safety of persons or
property; and
{{s}}(3) That the requested use will not be contrary to the intent and purpose of this
chapter."
SECTION 11. Chapter 9, article 3, section 9 -19 is amended to read as follows:
"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)] (I ) In violation of this chapter or other applicable law; [9f]
{(44(2) Clearly erroneous in view of the reliable, probative and substantial evidence on
the whole record; or
{{e4 4(3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly
unwarranted exercise of discretion."
SECTION 12. Chapter 9, article 3, subsection 9- 21(c), Hawaii County Code 1983
(updated June 2005), is amended to read as follows:
"(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 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 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 [carkenl 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 [earken] copy shall
bear the number of its respective original."
SECTION 13. Chapter 9, article 4, section 9 -25, Hawaii County Code 1983
(updated .Tune 2005), is amended to read as follows:
"Section 9 -25. [Amending
— Code by adding mateFinl;
Amending the National Electrical Code by deleting article 80,
Administration and Enforcement.
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SECTION 14. Chapter 9, article 5, section 9 -26, Hawaii County Code 1983
(updated June 2005), is amended to read as follows:
"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:
{Ea}} Electric work and installations to which the provisions of this chapter are
expressly declared to be not applicable.
1(44 (2) Installation of any portable motor or other portable appliance energized by
means of a cord or cable having an attachment plug, and if such cord or
cable is permitted by this chapter.
4444 (3) Repair of any fixed motor or other appliance, or replacement of any fixed
motor with another having the same horsepower rating and situated at the
same location.
44)4 (4) [Replasoment of attachment plug reeeptaeles, but Rot ;he au;iet th@r@t;9r.1
Replacement of receptacles and switches.
4@44 (5) Maintenance work by a properly licensed electrician.
SECTION 14. Chapter 9, article 5, section 9 -26, Hawaii County Code 1983
(updated June 2005), is amended to read as follows:
"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:
{Ea}} Electric work and installations to which the provisions of this chapter are
expressly declared to be not applicable.
1(44 (2) Installation of any portable motor or other portable appliance energized by
means of a cord or cable having an attachment plug, and if such cord or
cable is permitted by this chapter.
4444 (3) Repair of any fixed motor or other appliance, or replacement of any fixed
motor with another having the same horsepower rating and situated at the
same location.
44)4 (4) [Replasoment of attachment plug reeeptaeles, but Rot ;he au;iet th@r@t;9r.1
Replacement of receptacles and switches.
4@44 (5) Maintenance work by a properly licensed electrician.
{(I)] ((6) Emergency electrical work by a person to whom a permit may be issued[.. -]
(see sections 9 -28 and 9 -41 of this chapter.)
{(gA (7 ) 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.
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{(4})4 (88,) The provisions of the forgoing exceptions shall not apply to any repairs or
replacement 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 a part of any hazardous or
illegal wiring system.
J(i)4 (9) The forgoing 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 15. Chapter 9, article 5, section 9 -33, Hawaii County Code 1983 (updated
June 2005), is amended to read as follows:
"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 [e44eF] a professional
electrical engineer registered in the State of Hawaii, [as espeeially qualified :«
the eleetr:aal hraneh of engineering or a ref ss:onal 4461et A other
:..t.�. -od in rho Ctnto ..f WaWa and qualified : .eh , erk by
Provided that :fthe da.....nnd l,.ad ..fthe proposed installat:e« is
lens than thirty kilw,'Rltn«n «eren th:.. r ent shall he a «l:Sahle 814 if tl.,,
so direetal
EXCEPTIONS:
(1) If the demand load of the proposed installation is less than thirt
kilovoltamperes, this requirement shall be applicable only if the
administrative authority so directs.
(2) For single family dwellings, plans and specifications shall not be required
provided the installation meets all of the following criteria:
(A) The installation shall not be located in a rain water or sea water flood
zone; an d
(B) Service size disconnect does not exceed 200 amperes.
(C) For single phase installations, plans and specifications shall not be
required.
(b) No person shall materially deviate from any approved plan or
specifications or fail, neglect or refuse to comply herewith, unless
permission to do so has first been obtained from the department."
SECTION 16. Chapter 9, article 5, section 9 -35, Hawaii County Code 1983
(updated June 2005), is amended to read as follows:
"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}} (1) A contractor who is licensed under the provisions of chapter 444, Hawai'i
Revised Statutes, and possesses a valid, unexpired, unrevoked license
which qualifies the contractor to perform electrical or electrical specialty
work.
R4)4 (2) A permit may also be issued to a homeowner 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 [p@Fsan]
journeyman electrician, journeyman 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.
R(s)} (3) A supervising electrician or supervising specialty electrician:
R(4A (AA) Who is employed as a maintenance electrician by someone
other than a contractor described above; fa+4
42A B) Who is donating services to an eleemosynary institution for
temporary electrical installation; f-94
J(3A (C) Who is employed by the County or State; or
R{4)4 (D ) Who is applying for electrical work for such person's own
dwelling."
SECTION 17. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 18. Material to be repealed is bracketed. New material is underscored.
In printing this ordinance, the brackets, bracketed material, and underscoring need not be
included.
0'
SECTION 19. This ordinance shall take effect sixty days after the date of its approval.
INTRODUCED BY:
COUNCIL MEMBER,
COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 17, 2005
Date of Ist Reading: August 17, 2005
Date of 2nd Reading: September 8, 2005
Effective Date: November 13, 2005
fctfZa NCE: Comm: 375
]0
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By:
Donald
Ikeda
Date Introduced:
August
17, 2005
First Reading:
August
17, 2005
Published:
Auqust
28, 2005
REMARKS:
Second Reading: September 8, 2005
To Mavor: September 9, 2005
Returned: September 14, 2005
Effective: November 13 2005
Published: October 4 , 2495__
REMARKS:
-" `" -' 1 110 t CALL VOTE
AYES
NOES
ABS
EX
Arakefyj,
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
8
0
1
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
8
0
1
0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
6EPUTY CORP61RATION COUNSEL
COUNTY OF HAWAI'I
Date
Approve Disapproved this I� day
0
�Fm^ , 20 0S
c
MAYOR, CY IN7 OF H 1WAPi
COUNCIL CHAIRMAN
C?a� 1(ri6a,4
COUNTY CLERK
Bill No.:
Reference:
126
C- 375 /PWIRC -18
Ord No.: 05 129