Electrical work rules, flood safety, meters, and permits

The National Electrical Code is amended by adding thereto a new article to be appropriately designated and to read as follows: ARTICLE 109 MISCELLANEOUS PROVISIONS 109-1. Standards for electrical code. Compliance required. No person shall perform any electrical work or cause any electrical work to be performed that does not comply with this Code or chapter 448E, Hawaiʻi Revised Statutes, as amended. 109-2. Electrical work within flood hazard districts and developments adjacent to drainage facilities. Electrical work within flood hazard districts and developments adjacent to drainage facilities are subject to chapter 16.29 , Maui County Code. (1) Main power service. The incoming main commercial power service equipment, including all metering equipment, shall be located above the flood elevation or in a waterproof enclosure or barrier with ground-fault protection on the main disconnecting means. (2) Distribution, power, or lighting panels, stationary and portable equipment, switchgear, control centers, and transformers shall be located above the regulatory flood elevation or in a waterproof enclosure or barrier with ground-fault protection on the main disconnecting means. Electrical equipment may be located below the regulatory flood elevation if the circuit and equipment is protected with ground-fault circuit interruption; provided that ground-fault circuit interruption is not required for sump pumps and sump pump circuits. Where ground-fault circuit interruption cannot be installed because of amperage size or usage, ground-fault protection shall be installed. (3) Normal and emergency lighting circuits. All non-emergency lighting circuits extending into areas below the regulatory flood elevation shall be energized from a common distribution panel located above the regulatory flood elevation or in a waterproof enclosure or barrier with ground-fault protection. All emergency lighting circuits in areas below the flood elevation shall be energized from an independent distribution panel located above the flood elevation or in a waterproof enclosure or barrier with ground-fault protection. (4) Emergency lighting requirements. All components of an emergency lighting system installed below the regulatory flood elevation shall be located so that no component of the emergency lighting system is within reach of personnel working at floor level in the areas where emergency lighting systems are utilized, unless the emergency lighting circuit(s) has ground-fault circuit interruption. The emergency lighting may be powered by a storage battery, prime mover-generator system, a separate commercial power supply system, the same commercial power system, or a combination thereof, subject to the following provisions: a. Storage battery (including battery-operated lighting units). Battery-operated lighting units shall be completely self-contained and shall indicate the state of charge of the battery at all times. Lighting units shall automatically provide light when the primary source of lighting in the area is de-energized. b. Separate commercial power supply system. Separate commercial power supply systems shall have a degree of reliability satisfactory to the director. A system fed from a transformer other than that used for the regular supply and not on the same pole (except service pole) as the regular supply is deemed to have the required degree of reliability. A secondary circuit fed from the same primary circuit as the regular supply shall be regarded as a separate system. c. Same commercial power supply system. A same commercial power supply system shall be an underground secondary system and a separate service shall be connected on the line side of that service switch or breaker of the regular service. (5) Receptacle circuits below regulatory flood elevation. Receptacle circuits shall be permitted to be installed below the flood elevation, provided that these circuits are protected with ground-fault circuit interruption. 109-3. Miscellaneous provisions. (a) The electrical continuity of metal raceway or metal sheathed cable that contains a conductor other than service conductors shall be secured by installing two locknuts, one inside and one outside of boxes, cabinets, or similar enclosures. (b) Water heaters shall be approved for outdoor installation or be protected from the weather, and the circuit conductors at the water heater shall have a minimum temperature rating of ninety degrees centigrade and shall be enclosed in a flexible metal conduit or other raceway or wiring method acceptable to the director. (c) Electric watt-hour meters shall not be installed to serve illegal dwelling units. No more than one electric watt-hour meter shall be installed per legal dwelling unit on the property. Detached garages and other residential type structures shall be energized from the same electric service metering equipment that energizes a legal dwelling unit on the property. For the purpose of this subsection, an "illegal dwelling unit" is a dwelling unit that is not in compliance with statutes, ordinances, or rules. (d) One additional electric watt-hour meter may be installed to serve a legal dwelling unit, provided that: (1) The meter measures electricity used solely for the purpose of charging an electric vehicle; and (2) An electrical permit is issued for the installation of the meter socket and charger by the director, pursuant to article 104 of this chapter. (3) In addition to any other electrical permit information required to be provided under this chapter, the permit applicant for the additional electric vehicle charging watt-hour meter shall provide the department with a current certificate of motor vehicle registration, for each electric vehicle to be charged by electricity measured by the meter, to confirm that the owner or occupant is the registered owner of the electric vehicle. (4) Within fifteen days after either: a. An electric vehicle ceases to be under the registered ownership of the dwelling unit owner or occupant; or b. If the registered owner of the electric vehicle no longer resides at the dwelling unit, the property owner or registered electric vehicle owner shall notify the department and the electric utility company responsible for the installation of the electric meter of the occurrence of the event described in (a) or (b). Upon receiving this information, the electric utility company shall de-energize the electric vehicle meter socket, and the County electrical inspector shall confirm the meter socket has been de-energized. (e) Commercial and industrial structures and agricultural buildings that comply with all applicable ordinances and regulations may have individual electric watt-hour meters, upon approval of the director. Non-habitable agricultural structures or buildings for which individual electrical service and metering is requested shall be used for valid commercial agricultural activities only. Agricultural buildings for noncommercial uses shall be energized from farm dwelling electrical service metering equipment on the same property. (f) No electrically charged fences or structures shall be installed, maintained, or used; except that the director may grant approval in writing of such a fence or structure upon finding that measures adequate to protect the safety of the public have been taken by the person installing, maintaining, or using the fence or structure. The director shall require 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 electrically charged fence(s) or structure(s), and shall collect a processing fee as set forth in the annual budget ordinance. The contents of the hold harmless agreement shall be in a form acceptable to the director and the corporation counsel, and shall be recorded with the State of Hawaiʻi, Bureau of Conveyances, or Land Court, State of Hawaiʻi. The property owner or permittee shall pay for all recordation fees. 109-4. Factory-built housing and trailers. No person shall install or relocate any factory-built dwelling, structure, or trailer on any property within the scope of this Code, which requires electrical work, or cause the same to be done, without first obtaining an electrical permit from the director, provided that construction site office trailers may be exempted pursuant to section 16.18B.104-4(a)(11) of this Code. All factory-built dwellings (manufactured homes) installed within the County shall bear the label of certification by the manufacturer verifying that the factory-built dwelling complies with all applicable federal construction and safety standards. The manufacturer's electrical installation in the factory-built dwelling shall be acceptable to the director if the certification is provided and no changes or additions have been made to the manufacturer's electrical installation. Any changes or additions to the factory-built dwelling electrical installation, including utility service connections, shall be subject to this Code. 109-5. Electrical work related to emergency reconstruction of single-family dwellings and accessory structures. The director shall provide a modified application form for an electrical permit for work related to emergency reconstruction of single-family dwellings and accessory structures, pursuant to chapter 16.26.111, Maui County Code. 109-6. Variances. All electrical installations shall be installed in conformance with this Code. If, for good cause, an applicant cannot comply with applicable requirements of this Code, the owner may request a variance from provision(s) of this Code from the board of variances and appeals. A variance from provision(s) of this Code may be granted if the board of variances and appeals finds: (1) That the strict application, operation, or enforcement of the Code provision(s) appealed from would result in practical difficulty or unnecessary hardship to the applicant; (2) That the granting of the variance shall not be detrimental to the public health, safety, or welfare; (3) That the granting of the variance would not be injurious to adjoining lots and the buildings thereon; and (4) That the granting of the variance would not be contrary to the purposes of this Code or the public interest.   109-7. Board of variances and appeals. Any person desiring to use materials or methods of construction other than as specified by this code, may apply to the director for approval. Denial of an application for approval of materials or methods of construction not specified by this code may be appealed to the board of variances and appeals as provided in chapter 16.26B , Maui County Code. ( Ord. No. 5603 , § 4, 2024; Ord. No. 4078, § 5, 2013; Ord. No. 3882, § 1, 2011; Ord. No. 3726, § 3, 2010)