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HomeMy WebLinkAbout1638 OHDINANCE NOJ 18~8 AN ORDINANCE oroviding for the safeguarding of life and property by prohibiting the sale, rental or disposal of sub-standard and unsafe electrical materials, devices and appli~ances; providing for the approval of electrical materials, devices anm appliances when found to be in conformity with the safety measures and provisions of this ordinance; providing penalties for the violation thereof; and repealing all other ordinances and parts of ordinances in conflict with this ordinance. TttE CITY OF BREMERTON DOES ORDAIN: Section 1. SCOPE: From and after the effective date of this ordinance, no person, firm or corporation shall sell, offer for sale, loan, rent, dispose of by gift or premium, give or otherwise furnish, provide or make available for use any electrical material, device or appliance, designed or intended for attachment, directly or indirectly to any electrtcsil system, circuit or electrical service for light, heat, or power in the City of Bremerton, unless such electrical material, device or appliance complies with the provisions of this ordinance. Section 2. RATING: All electrical materials, devices and appliances designed or intended for attachment, directly or indirectly to any electrical system, circuit or electrical service for light, heat or power shall be only those which conform with the requirements of Section Z hereof. Each such article shall bear or contain the maker's name, trademark or identification symbol, together with such rating by the manufacturer as may be necessary to determine the intended use. The correct operating voltage, amperage and total watts shall be stated and no person, firm or corporation shall remove, alter, deface or obliterate any such marking. Section 3. APPROVALS: (a) All electrical materials, devices and appliances covered by and intended to be regulated by this ord~.nance shall conform with the latest published national safety standards for such materials, devices, and appliances on file in the office of the United States Bureau of Standards, provided copies of such standards are on file in the office of the Chief Electrical Inspector of said City ahd open to inspection by the public. (b) Listing or labeling by the Underwriters Laboratories, Inc., or other recognized testing laboratory, whose standards are on file with the United States Bureau of Standards, as required in Section 3-(a) he~eoD shall be Prima facie evidence of conformity wit~ these requi~ed s~an~ard.s.~?~. .~ (c) Where no such standards exist for any material, device or appliance, the Chief Electrical Inspector may designate a standard for each such article submitted, which shall specify bhe tests necessary to prcvide ~. the degree of safety to life an~ property as is generally required by the national standards for approved materials, devices or appliances of similar or related character or nature. Section 4. REVOCATION: Any approval granted by the Chief Electrical Inspector may be revoked by him for proper cause, and any such approval granted shall be revoked if the electrical material, devic~ or appliance is found to be hazardous, unsuitable for the purpose used or intended, or does not conform with the standards under which it was approved for use. Section 5. EXCEPTIONS: (a) The provisions of this ordinance shall not be deemed to apply to safe, substantial used or second-hand devices or appliances, provided that all parts or equipment used in rebuilding or reconstruct- ion shall conform in all particulars with the national standards for such article; and provided further that such articles when offered for sale, shall have the same degree of safety to life and property as may then be required inca new article of the same type. (b) The provisions of this ordinance shall not be deemed to apply to electrical materials, devices and appliances which are safe and suit- able for the purpose used or intended, provided such materials, devices and appliances are already fully covered and regulated by existing laws and ordinances now in effect. (c) The provisions of this ordinance shall not be deemed to apply to vehicles or motor vehicle equipment. Ordinance No. 1638 (cent) (d) The provisions of this ordinance shall not be deemed to apply to electrical materials, devices or appliances designed or intended for attachment directly or indirectly to any electrical system, circuit or electrical service for light, heat or power operating at a primary voltage of not more than 28 volts or consuming more than 50 watts. (e) The provisions of this ordinance shall not be deemed to apply to those industrial or commercial appliances which are to be used in a specific location, and which have been submitted to a recognized laboratory for approval as confoEning to the standards required under Section 3-(a) hereof but on which final approval is still pending; provided however, that such exemption from the provisions of this ordinaDce shall be granted separately for each such device or appliance by the Chief Electrical Inspector only when satisfactory written evidence has been filed with him that laboratory approval has been applied for, and shall continue in force only during such time as ~e Chief Electrical Inspector has reason to believe that the testing laboratory will grant final approval certifying compliance to the prescribed standards. (f) The provisions of this ordinance shall not be deemed to apply to generating, transforming or converting devices or appliances nor to any device or appliance for measuring or recording current voltage or power. Section 6. ENFORCEMENT: The Chief Electrical Inspector is hereby directed to enforce the provisions of this ordinance. The Chief Electrical Inspector shall interpret and deteEnine the meaning and intent of the provisions of this ordinance. The Chief Electrical Inspector may delegate any of his powers under this ordinance to any of his assistants. Section 7. LIABILITY FOR DAMAGES: This ordinance shall not be construed to relieVe from or to ~ seen the responsibility or liability of any party owning, operating, controlling or installing any electrical materials, devices, appliances or equipment for damages to persons or property caused by any defect therein, nor shall the City be held as assuming any such liability by reason of the approval of any material, device, appliance or equipment authorized herein. Section 8. PENALTY: Any person, firm or corporation, or any partner, officer, agent or employee thereof, violating any of the p~ovisions of this ordinance shall be guilty of a misdemeanor and upon conviction ~hereof shall be punished by a fine of not more than three huhdred dollars ($300.00), or by imprisonment in the city Jail of said City, as the committing magistrate may direct, for a period of not more than ninety (90) days, or by both such fine and imprisonment, in the discretion of the court. Section 9. VALIDITY: If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconsitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Bremerton hereby declares that it would have passed this ordinance and each section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitution~ Section 10. REPEAL OF CONFLICTING ORDINANCES: All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed. Section ll. DATE TO TA~GE EFFECT: This ordinance shall take effect and be in force on the thirty-first day from and after its passage and publication. PASSED by the City Council of the City of Bremerton, signed by the Mayor, and attested by the City Clerk in authentication thereof, this Sth day of December, 1945. Attest: Mayor ~ity Clerk ~:~': '~ ~ :~ '"'" ~. ~