Electrical work permits, inspections, and enforcement rules

The National Electrical Code is amended by adding a new article to be appropriately designated and to read as follows: ARTICLE 104 ENFORCEMENT, PERMITS, AND INSPECTIONS 104-1. Authority. The director shall administer and enforce the provisions of this Code. 104-2. Right of entry. Upon presentation of proper credentials, the director may enter, at reasonable times, any building, structure, or premises in the County to perform any duty imposed upon the director by this Code. If the owner or the owner's representative does not consent to such entry, the director shall not enter any premises without a warrant or order of a court authorizing such entry. 104-3. Defective electrical installations. Whenever (1) any electrical installation is found to have been installed, altered, changed, or reconstructed contrary to this Code or any other law, (2) any electrical installation is found to be in use contrary to this Code or any other law, or (3) any electrical installation that complied with the laws in effect when the electrical installation was performed is found to be unsafe or dangerous to persons or property, the director shall give the owner or the person responsible for the installation a written notice stating the findings of the director regarding the installation and order the owner or other person to make corrections in accordance with the rules of the department. The director may order the utility provider to stop the supply of electrical power to the installation and order the owner to disconnect the installation from its source of electrical energy. Thereafter, no person shall use or supply electrical energy to the installation before the corrections required by the director have been made. 104-4. Permit required; exceptions. (a) No person shall perform any electrical work or cause or allow the same to be performed unless a permit has been obtained from the director. The following work and installations shall not require a permit: (1) Electrical work and installations for which the provisions of this Code are expressly declared to be not applicable; (2) Electrical work for any County department, provided that the director of said department requests an exemption in writing, on a form prescribed by the director of public works for such purpose; (3) Installation of any portable motor or other portable appliance or equipment, energized by means of a cord or cable having an attachment plug, provided such cord or cable complies with this Code; (4) Repair of any fixed motor or appliance, or replacement of any fixed motor with another fixed motor having the same horsepower rating, situated at the same location, and reconnected to the same circuit; (5) Replacement of an existing luminaire(s) or wiring device(s) including receptacle outlets and switches at its original location(s), where no alteration is made to the existing branch circuit wiring; (6) Maintenance and repair work by an electrician licensed pursuant to chapter 448E, Hawaiʻi Revised Statutes, as amended, for installations at supervised industrial or commercial facilities where down time or equipment failure could result in injury to persons or damage to property and where such maintenance and repair work does not involve adding new circuits or increasing the ampacity of existing circuits; (7) Emergency electrical work by a person to whom a permit may be issued, subject to section 16.18B.104-4(b) of this Code; (8) Residential low-voltage class 2 or class 3 remote-control, signaling, and power-limited circuits, installed within or about a single-family dwelling, including, but not limited to, security alarm and monitoring systems, sprinkler irrigation system control wiring, landscape lighting systems, solar water heater control wiring, home computer system wiring, audio and video systems, telephone systems, garage door operator control wiring, and automated home control systems, excluding any electrical work on the supply side of the class 2 or class 3 power source; (9) Residential low wattage fixtures used for holiday decorations only, provided the fixtures are removed within ninety days after installation; (10) Electrical installations for special events, including temporary electrical services, generators, feeders and circuits for equipment, lighting and receptacle outlets at concession stands, tents, fair rides, and game booths, stages, film screens, and press booths, provided that the electrical installation is performed by a licensed electrical contractor, and the electrical installation is immediately removed upon conclusion of the special event; and (11) Temporary construction power utility services and equipment used for work authorized by a valid building or grading permit or exempt from such a permit, including temporary construction office trailers used only for construction personnel. Any office trailer used as a sales office or place of business where the general public is allowed shall be subject to this Code. The foregoing exceptions from permit requirements shall not apply to any repairs or replacements of electrical installations that were originally done without a permit in violation of applicable law, nor shall these exceptions be deemed to allow any electrical installation to be performed in a manner contrary to other provisions of this Code. (b) When emergency electrical work has commenced without a permit, an application for a permit for the work shall be submitted no later than the first business day following the commencement of the work, pursuant to section 16.18B.104-6 of this Code. 104-5. Separate permits. A separate permit shall be obtained for electrical work at each building or structure. 104-6. Application for permit. All applications for permits shall be made in writing, and be in a form and content as prescribed by the director. 104-7. Plans and specifications. Plans and specifications providing details of the proposed installation shall be submitted with the permit application when required by the director. The plans and specifications shall bear the stamp and signature of an electrical engineer when the demand load of the proposed installation is 30 kilovolt-amperes or more, or when the director has determined that the project is sufficiently complex to require review and approval by a licensed electrical engineer. The electrical engineer shall submit documentation certifying compliance with chapter 16.16 , Maui County Code, or any subsequent Energy Code as may be adopted by the County. The electrical engineer shall also submit documentation certifying compliance with chapter 20.35 , Maui County Code, if applicable. Project permit applications shall not be submitted or accepted in phases or parts. Exception: Electrical work for single-family dwellings with service metering equipment rated no more than 320 amperes continuous, 120/240 volts, single phase, 3 wire, shall not require project drawings by a licensed electrical engineer. 104-8. Building permit required. Whenever a building permit is required by chapter 16.26 , Maui County Code, the electrical permit for the project shall not be issued until a valid building permit has first been issued for the project. 104-9. Issuance. The director shall issue a permit within thirty calendar days of receiving a complete permit application with payment of all fees and all necessary documents, including plans, specifications, calculations, and certifications approved by a licensed engineer, if the installation described in the application conforms to this Code and all applicable laws. If the director fails to review and approve or deny the application within this time period, the application shall be deemed approved. 104-10. Persons to whom permits may be issued. A permit may be issued to: (a) A contractor licensed to perform electrical work within the scope of their specialty classification, under chapter 444, Hawaiʻi Revised Statutes, as amended; (b) A supervising electrician or a journey worker electrician who is employed by the County for work relating to County projects; (c) A supervising electrician or a journey worker electrician who is applying for a permit for electrical work on a dwelling, provided the supervising electrician or journey worker electrician owns and occupies the dwelling. 104-11. Expiration. Every permit issued by the director under this Code shall expire and be deemed void if the director does not approve the initial inspection required pursuant to section 16.18B.104-17(b) of this Code within one year from the date of issuance of the permit. If a permit expires prior to work being completed, a new permit shall be obtained, and if there are no changes on the original plans and the permit has not been expired for more than one year, the fee shall be one-half of the original permit fee. To renew a permit that has been expired for more than one year, the permittee shall pay a new permit fee, including any of the additional fees prescribed in article 107 of this Code. In no event shall a permit remain active longer than five years from the date of issuance of the permit. 104-12. Extension of time. Any permittee with an unexpired permit may apply for an extension of the time to obtain the director's approval of the initial inspection required pursuant to section 16.18B.104-17(b) of this Code, for good cause. The director may extend the deadline for the initial inspection approval upon written request by the permittee showing that circumstances beyond the control of the permittee have delayed the work. The director may extend the deadline only once, and for a period not to exceed one year. 104-13. Transfer of permits. No person to whom a permit is issued under this Code shall assign or transfer the permit to any other person prescribed in section 16.18B.104-10 of this Code without the prior approval of the director. If a permittee cannot complete the electrical installation and wishes to transfer the permit to another person prescribed in section 16.18B.104-10 of this Code to complete the project, the permittee shall submit a request in writing to the director requesting a permit transfer, provided the proposed installation has not changed from the original permit. Approval of a transfer request shall not be unreasonably withheld, provided that the permit is not expired, and the new transferee agrees in writing to comply with the original plans and specifications upon which the original electrical permit was issued and the applicable laws in effect at the time the permit was issued. The transferee shall submit a new permit application to the director. The transferee shall pay a fee for the transfer of the permit, as set forth in the annual budget ordinance. 104-14. Suspension or revocation. The director may, in writing, suspend or revoke a permit issued under this Code whenever the permit has been issued in error or on the basis of incorrect information provided by the applicant, or when the installation is determined to be in violation of this Code or any other law, ordinance, rule, or provision under the jurisdiction of the director. The permit fee shall not be refunded. 104-15. Cancellation. Permits may be canceled when requested in writing by the permittee or the owner of the property where the permit work is being performed, subject to the approval of the director. If the project has commenced, the director may require a person prescribed in section 16.18B.104-10 of this Code to submit a new permit application prior to cancellation of the original permit, to ensure continuation of the permit work and responsibility for the permit work. 104-16. Refund of fees. If requested in writing by the permittee, the director may refund fifty percent of the paid canceled permit fee when no work has commenced and the permit has not expired as prescribed in section 16.18B.104-11 of this Code. The director shall not refund any fee if any work under the permit has been initiated, if the permit is expired, or if the permit has been revoked. 104-17. Required inspections. (a) No person shall use or supply electrical power to any electrical installation for which electrical work was or is being performed under a permit issued pursuant to this Code unless the director has completed all required inspections and has approved the installation to be energized; provided that the director may grant an exception and authorize the use and supply of electrical power to the installation before completion of all required inspections when the use or supply of electrical power is necessary to complete construction or to protect life or property and adequate safety measures are in place so that the energized installation will not endanger life or property. The director may require the permittee to immediately disconnect from its power source any electrical installation energized without required inspection approval or authorization, and if the permittee fails to comply with the director's request, the director may immediately disconnect the installation from its power source. Thereafter, no person shall supply electrical power to such installation until the required inspection approval(s) have been made, and any penalty prescribed in section 16.18B.107-2(b) of this Code has been paid. (b) No approval shall be granted to use or energize an electrical installation unless the electrical installation has been inspected and approved in accordance with the following: (1) The director has: a. Inspected the roughing-in of all electrical wiring for which a permit is required, prior to any concealment; and b. Determined that the installation is complete and properly connected; and c. Determined that the electrical installation is in compliance with the electrical permit. (2) The complete electrical installation has been inspected after all structural elements and mechanical equipment and system(s) have been installed, including gas, steam, water, sewer, and furnace piping and tubing, located near the electrical installation; and, in the case of an electrical installation that is to be concealed, after all lathing strips, furring, bridging, backing, and headers are in place; and (3) The inspection of the complete installation has not been prevented by obstructions or concealment. (c) The supervising electrician or electrical contractor shall be present at the project site upon the request of the director. (d) The permittee shall cause electrical wiring to be accessible and exposed for inspections. All obstructions, including drywall, ceilings, flooring, backfill, concrete, covers, plates, tapes, and equipment that may impede a thorough inspection of the electric wiring shall be removed upon verbal or written notice from the director, and shall be kept free of obstruction until the electrical wiring has been inspected and approved. When electrical wiring has been concealed prior to inspection and it has been deemed impracticable by the director to re-expose such installation, the property owner may, subject to the approval of the director, submit a certificate, from the responsible electrical contractor or an electrical engineer, certifying that all electrical work done without inspection complies with this Code, and submit a hold harmless agreement executed by the property owner, agreeing to defend, indemnify, and hold harmless the County from any claim for loss, liability, or damage arising from the issuance of the electrical permit, and pay a processing fee as set forth in the annual budget ordinance. The contents of the certificate shall be in a form acceptable to the director, and the contents of the hold harmless agreement shall be in a form acceptable to the corporation counsel. The hold harmless agreement shall be recorded with the State of Hawaiʻi, Bureau of Conveyances or the Land Court, State of Hawaiʻi. The property owner or permittee shall pay for all recordation fees and any applicable fees for concealing work without inspection(s) as prescribed in section 16.18B.107-2(c) of this Code. Upon receiving an acceptable certificate and copy of the fully executed and recorded hold harmless agreement, and payment of applicable fees and fines, if any, the director may approve the electrical installation, pursuant to subsection (a) of this section, indicating that the electrical installation has been exempted from inspections at the property owner's request and is authorized to receive and use the supply of electrical power. (e) Final inspection required. The permittee shall obtain a final electrical inspection approval, confirming the completion of the installation and the proper operation of all energized electrical wiring and equipment. 104-18. Nonliability of County for damages. The director or any other County officer or employee charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of, or by reason of, any act or omission in the discharge of such duties. This Code shall not be construed to relieve or lessen the responsibility of any person owning, operating, or performing any electrical work or installation from liability for injury or damage to property by any defect in an installation or performance. (Ord. No. 3726, § 3, 2010)