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Ord 230-38 ELECTRICAL ORDINANCE CITY OF DELRAY BEACH. Providing for Electrical Inspection and for the Licensing of Electrical Contractors and Regulating the Sale of Certain Electrical Products. TITLE An Ordinance for safeguarding life and property by regUlating,and providing for the inspection or,electric wiring, devices, appliances and equipment; creating the office of Electrical Inspector and prescribing his authority and duties' requiring that no electric wiring, devices, fix- tures, appliances or equipment shall be installed without first securing a permit therefor; creating a Board of Electrical Examiners~ providing for the licensing of persons, firms and corporations engaging in the business of electrical contracting or employing electricians to do certain electrical v~rk on limited premises; making it un- lawful to engage in the business of electrical contracting or to und~ertake the execution of electrical work without a license, except as otherwise provided~ making it unlawful to sell at retail certain electrical products unless such products have been approved by the Electrical Inspector~ providing penalties for the violation of this ordinance and repealing all ordinances and parts of ordinances in conflict with the provisions of this ordinance. WHEREAS, an emergency exists in the City of Delray Beach,. Florida, due to the fact that there is not now in force any ordinance safeguarding the life and property of the citizens of Delray Beach by regulating the installation and repair of electric wiring, devices, appliances, fixtures 'and equipment, now, therefore, BE IT ORDAINED By the City Council of the CITY of DELRAY BEACH, FLORIDA, as follows: SECTION l, Electrical Inspector- Qualifications and Appointment. There is hereby created the office of Electrical Inspector. The person chosen to fill the office of Electrical Inspector shall be a competent electrician of good moral character, shall be possessed of such executive ability as is requisite for the efficient perform- anco of his duties and shall have a thorough knowledge of the standard materials and methods used in the installation of electric wiring, devices, appliances and equipment: shall be well versed in approved methods of electrical conStruction for safety to life and property, the statutes of the State of Florida relating to electrical work, the rules and regulations issued under authority of the statutes, the National Electrical Code, as approved by the American Standards Association: the National Electrical Safety Code, as approved by the and the electrical provisions of American Standards Association, other installation and safety codes approved by the American Standards Association. The Electrical Inspector shall be appointed by the City Council of the City of Delray Beach. The salary to be paid ~o the Electrical Inspector shall be determined by the City Council. Before entering upon the discharge of his duties he shall file a bond in the sum of FIVE HUNDRED DOLLARS, Electrical 0 dinance. ~0 Page #2. payable to the City of Delray Beach, said bond to be approved by the City Council and conditioned upon the faithful performance of his duties. The Electrical Inspector shall also take and subscribe an oath, which, together v~th the certificate of his appointment, shall be filed with the City Clerk. He shall be removed from office for cause only, after ~ full hearing by the City Council. Any vio- lation of the provisions of any section of this ordinance by the Electrical Inspector shall be sufficient cause for his removal from office but he may be removed for other just cause. SECTION 2. Duties of Electrical Inspector. 1~- It shall be the duty of the Electrical Inspector to see that the provisions of this ordinance are enforced. He shall, upon application, grant permits for the installation or alteration of electric wiring, devices, appliances, fixtures and equipment, and shall make inspec- tions of all new electrical installations and reinspections of all electrical installations, all as provided in this ordinance. He shall keep complete records of all permits issued, inspections and reinspec- tions made and other official work performed in accordance with ~ne provisions of this ordinance. He ~hall also keep on file a list of inspected electrical appliances issued by br for Underwriters' Labora- tortes, Inc., which list shall be accessible for public reference during regular office hours. He shall hold membership in the National Fire Protection Association and the International Association of Electrical Inspectors and'shall serve on any electrical committee of these associations to which he may be appointed. Ail e~penses in connection with such activities shall be charged against the receipts of the Electrical Inspector's office provided, however, that any anticipated expense in excess of TWENTY-FIVEDOTJ.~S shall first be approved by the City Council. 2.- The Electrical Inspector is empowered to employ, after receiving the approval of the City Council, any assistant inspectors and clerical assistants necessary for the proper conduct of his office and the inspection and reinspection of electrical installations as provided for in this ordinance. The salary of such assistants shall be deter- mined by the City Council. 3.- It shall be unlawful for the Electrical Inspector or any of his assistants to engage in the business of the sale, installation or maintenance of electric wiring, devices, appliances, fixtures or equip- ment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the City of Delray Beach at any time while holding such office as herein provided for. SECTION 3. Authority Granted to Electrical Inspector. The Electrical Inspector shall have the right during reasonable hours to enter any building in the discharge of his official duties, or for the purpose ofmaking any inspection, reinspection or test of the installation of electric wiring, devices, appliances, fixtures and equipment contained therein, and shall have the authority to cut or disconnect any wire in case of emergency where necessary for safety to life or property, or where such wire may interfere with the work of the fire department. Said Electrical Inspector is hereby authorized to disconnect or order the discontinuance of electrical service to any electric wiring, devices, appliances, fixtures or equipment found to be dangerous to life or property because they are defective or defectively installed until such Miring, devices, appliances, fixtures and equip- ment and their installation have been made safe and approved by said Electrical Inspector. The Electrical Inspector may delegate any of his powers or duties to any of his assistants. SECTION 4. Permits. No electric wiring, devices, appliances, fixtures or equipment Electrical Ordinance, Page #3. L, shall be installed within or on any building, structure or premises nor shall any alteration or addition be made in any such existing wiring, devices, appliances, fixtures, equipment or any temporary wiring, which is to exist for more than twenty-four hours, be installed without first securing a permit therefor from the Elec- trical Inspector, except as stated in the following paragraphs l, 2, 3 and 4. Such permit shall be s~cured and proof thereof dis- played in a conspicuous place on the premises where the work is to be done, before any such work shall be started. 1. No permit shall be required for minor repair work, the replace- ment of lamps or the connection of portable devices to suitable re- ceptacles which have been permanently installed. 2. No permit shall be required for the installation, alteration or repair of wiring, devices, appliances, fixtures or equipment for the operation of signals or the transmission of intelligence, where such wiring, devices, appliances, fixtures or equipment operate at a voltage not exceeding 50 betweenconductors and do not include generating or transforming equipment capable of supplying more than 50 watts of energy. 3. No permit shall be required for the installation, alteration or repair of electric wiring, devices, appliances, fixtures and equipment installed by or for an electrical public service corporation for the use of such a corporation in the generation, transmission, distribution 6r metering of electrical energy, or for the use of such a corporation in the operation of signals or the transmission of intelligence. 4. No permit shall be required for the installation of temporary wiring for testing electrical apparatus or equipment. 5. Application for such permit, describing the work to be done, shall be made in writing on a form issued from the Electrical Inspector's office, to the Electrical Inspector by the person, firm, or corporation installing the work. The application shall be filled out complete and accompanied by such plans, specifications, and schedules as may be nec- essary to determine whether the installation as described will be in conformity with the requirements of this ordinance. If it shall be found that the installation, as described, will in general conform with the requirments of this ordinance, and if the applicant has complied with all provisions of this ordinance, a permit for such installation shall be issued; provided, however, that the issuance of the permit shall not be taken as permission to violate any of the requirements of this ordinance. 6. The permit,when issued, shall be for such installation as is described in the application and no deviation shall be made from the installation so described without the written approval of the Elec- trical Inspector. 7. In lieu of an individual permit for each installation or altera- tion, an annual permit shall, upon application therefor, be issued to any person, firm or corporation regularly employing one or more elec- tricians for the installation and maintenance of electric wiring, devices, appliances, fixtures and equipment on premises owned or occu- pied by the applicant for the permit. The application for such annual permit shall be made in writing to the Electrical Inspector and shall contain a description of the premises within which work is to be done under the permit. The person, firm, or corporation to which an annual permit is issued shall keep a record of all electric wiring, devices, appliances, fixtures and equipment installed under said permit and the Electrical Inspector shall have access to such record. Each annual permit shall expire on September 30th of the year in which it was issued. 8. No permit for the installation or alteration of any electric wiring, devices, appliances, fixtures or equipment shall be issued to any person, firm or corporation unless such person, firm or corporation is the holder of a license entitling such person, firm or corporation Electrical Ordinance. page to secure permits for and to execute the work described in the application for the permit, except that upon application and pay- ment of the fee therefor, permits shall be issued to unlicensed persons, firms and corporations for work which the provisions of this ordinance specifically permit them to execute without a license as provided for in Section 2. SECTION 5. Fees for Permits and Inspection. Before any permit is granted for the installation or alteration of electric wiring, devices, appliances, fixtures or equipment, the person, firm or corporation making application for such permit shall pay to the office of Electrical Inspector a fee in such amount as specified below: l. Service and Outlets Service and ten (10) outlets for lights or receptacles ............. $ 1.§0 Each additional outlet .............. 10 2. Master Services Master Service and any ten (10) outlets... 1.50 Each additional service ................. 3. Beat Circuits Range outlets, each ........................ §0 Space heaters and all other permanently connected heating appliances ........... 25 4. Motors Each motor up to 1 H. P ........ Each motor from 1 H. P. to 5 H. P. · 1.§0 Each motor from § H. P~ to 25 H. P.. 2.50 Each motor from 25 H. P. and over 3.50 5. Gas Tube Signs and Transformers First transformer ....................... 1.00 Each additional transformer .............. 6. Electric Signs and Cluster Li6ht~ng One (1) to twenty (20) lights inclusive 1.00 Each additional 20 lights or fraction thereof .50 7. Changes, Alterations and Repairs Change of Service .................. General Repairs to other wiring ..... Additional outlets to existing wiring, each...10 (Large Jobs may be classed under (M SGELLANEOUS.) 8. Fixtures Permits One (1) to five (5) outlets inclusive ........ Five and all over .................. 1.00 9. Isolated Plants For wiring of generator and switch board a Permit Fee of from $3.00 to $15.00 shall be paid; said fee to be determined by the Electrical Inspector. Electrical 0rdiance. 2 ~6 Page #5. 10, Miscellaneous Fees. For Miscellaneous Permits, such as general repairs, defective wiring systems or installing temporary work, radio transmitting stations, receiving stations, carnivals, circuses, road shows and similar organizations, a Permit Fee from $0.75 to $15.00 shall be paid~ said fee to be determined by the Electrical Inspector~ 11. Outlets Outlets considered in the inspection fees not already mentioned are as follows: Any and all light outlets, including switches, single or double convenience receptacles, bell transformer outlets and distribution cabinets. 12. Fixtures The basis for fees for fixtures shall be determined by the number of lighting fixtures connected to light outlets, and shall include ornamental side brackets, ceiling type residential and commercial, and drop cords. A fee of $5.00 shall be paid for each annual permit at the time when such permit is issued. Fees for all new work installed under such a permit since the date of the last previous inspection shall be paid, according to the above schedule, at the time when such work is inspected; these fees shall be in addition to the fee paid at the time when the annual permit is issued. SECTION 6. Inspection and Certificates. Upon the completion of the wor~ which has been authorized by issuance of any permit, except an annual permit, it shall be the duty of the person, firm or corporation installing the same to notify the Electrical Inspector, who shall inspect the installation within 24 hours, exclusive of Saturdays, Sundays and holidays, of the time such notice is given or as soon thereafter as practicable. Where the Electrical Inspector finds the installation to be in conformity with the provisions of this ordinance, he shall issue to the person, firm or corporation making the installation a certificate of approval, with copy for delivery to the owner, authorizing the use of the installation and connection to the source of supply, and shall send written notice of such authorization to the electrical utility furnishing the electric service. Such utility shall not connect to any electrical installation until such certificate of approval has been issued and it shall be unlawful for any person, firm or corpor- ation to reconnect any installation that has been disconnected for repairs, alterations, or enlarging under the authority of a permit, until a certificate of approval has been issued by the Electrical Inspector. When a certificate of approval is issued authorizing the connection and use of temporary work, such certificate shall be issued to expire at a time to be stated therein and shall be revoc- able by the Electrical Inspector for cause. A preliminary certificate of approval may be issued authorizing the connection and use of certain specific portions of an incompleted installation; such certificate shall be revocable at the discretion of the Electrical Inspector. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of the building, the person, Electrical Ordinance. Page # 6, firm or corporation installing the wiring shall notify the Electrical Inspector and such parts of the wiring installation shall not be concealed until they have been inspected and approved by the Electrical Inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such ncti- fication; provided that on large installations, where the conceal- ment of parts of the wiring proceeds continuously, the person, firm or corporation installing the wiring shall give the Electrical Inspector due notice and inspections shall be made periodically during the progress of the work. At least once in each calendar month the Electrical Inspector shall visit all premises where work may be done under annual permits and shall inspect all electric wiring, devices, appliances, fixtures and equipment installed under such a permit since the date of his last previous inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the provisions of this ordinance, after the fee required by Section 5 has been paid. If, upon inspection, the installation is not found to be fully in conformity with the provisions of this ordinance, the Electrical Inspector shall at once forward to the person, firm or corporation making the installation, a written notice stating the defects which have been found to exist. SECTION 7. Reinspection. The Electrical Inspector shall make periodically, a thorough reinspection of the installation of all electric wiring, devices, appliances, fixtures and equipment now installed or that may here- after be installed within the City of Delray Beach and within the scope of this ordinance, and when the installation of any such wiring, devices, appliances, fixtures or equipment is found to be in a dangerous or unsafe condition, the person, firm or corporation owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, devices, appliances, fixtures and equipment in safe condition and have such work completed within 15 days or any longer period specified by the Electrical Inspector in said notice. Reinspection shall be made at least once in every yearof all electric wiring, devices~ appliances, fixtures and equipment in all automobile service stations, garages, hotels, rooming houses, apartment buildings, hospitals, schools, churches, theatres, auditoriums, and all other places used for public gatherings and seating more than sixty persons, and when the electrical installation in any such building is found to conform with the provisions of this ordinance the Electrical Inspector shall issue to the owner or occupant thereof a certificate of approval of the installation and no fee shall be charged for such reinspection or certificate. Such certificate shall be kept posted in a conspicu- ous place in or upon such premises. SECTION 8. Connection to Installations. Except where work is done under an annual permit, it shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy or to supply electric service to any electric wiring, devices, appliances, fixtures or equipment for the installation of which a permit is required, unless such person, firm or corporation shall have obtained satisfactory evidence that such wiring, devices, appliances, fixtures or equipment are in all respects in conformity with all applicable legal provisions. It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy or to supply electric service to any electric wiring, devices, appliances, fixtures, or equipment which has been disconnected or ordered to be disconnected by the Electrical Inspector or the use of which has been ordered by the Electrical Ordinance. Page #7. Electrical Inspector to be discontinued until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices, appliances, fixtures or equipment. SECTION 9. Installation Standards. All installations shall be in conformity with the provisions of this ordinance, the statutes of the State of Florida, the Rules and Regulations issued by the Electrical Inspector, and shall be in con- formity with approved standards for safety to life and property. In every case where no specific type or class of material, or no specific standards are prescribed by the statutes of the State of Florida, or by this ordinance, conformity with the regulations as laid down in the National Electrical Code, as approved by the American Standards Association and in the National Electrical Safety Code, as approved by the American Standards Association, and the electrical provisions of other installation and safety codes approved by the American Standards Association shall be prima facie evidence of confSrmity with this ordinance; provided, however, that the Electrical Inspector shall permit trial installations of new wiring methods after such installa- tions shall have been recommended by the Beard of Electrical Examin- ers and approved by the Mayor and City Council. SECTION 10. Special Rules and Regulations. Paragraph l. SERVICE LOCATION. All service drops and metering equipment shall be located on the rear of any building where possible, and in no case shall be located nearer the front than the center line at the side of the building. Paragraph 2. SERVICE CONDUCTORS. All service conductors from the service drop to the metering~equipment and to the interior of the building shall be enclosed in rigid galvanized conduit. The service grounding conductor shall be installed in as straight a line as possible beneath the metering equip- ment to the grounding electrode, except where the service switch is installed ahead of the metering equip- ment,- ink--high caS~ the~gr~unding conductor shall be installed from the service switch. Where such grounding conductor is run on the surface of a wall or structure, it shall be protected from mechanical injury. Paragraph 3. SERVICE SWITCH AND EQUIP~ENT. The service switch and equipment shall be located at the nearest accessible point to the entrance and metering equipment, and if on the outside of the building, shall be fully enclosed in a cabinet suitable to protect same from the weather. The center line of the service switch shall not be less than five (5) feet or more than six feet, ~ix' inches (6',6") above the floor level, unless by special permission of the Electrical Inspector. The service and equipment shall not be located within three feet, six inches (3', 6") of any water piping or plumbing fixtures, unless same is electrically insulated, or so spaced that a person cannot reach both at the same time. Paragraph 4, BRANCH CIRCUITS. Fifteen (15) Ampere Branch Circuits for Dwelling Occupancies: In residences, apartments, guest rooms of hotels and clubs and in other occupancies used for dwelling purposes, the load shall be determined on the basis of 75 watts per outlet Electrical Ordinance. Page #8. for lighting outlets and 150 watts for convenience outlets; an exception to the above, convenience outlets in kitchen and pantry, dining and breakfast room and laundry room where same is intended to be used for heating appliances, shall each have a rating of 500 watts. Capacity shall also be included for any permanently connected appliance load in accordance with the wattage rating of the appliance. All Amp. branch circuits shall be based on a maximum of 1650 watts. Paragraph 5. BRANCH CIRCUIT PROTECTION. Beginning three months after the passage of this ordinance, all plug fuses and fuse holders installed shall be of a non-tamperable type. Compliance with Section 2452 of Article 240 of the 1937 National Electric Code, shall be prima facie evidence of conformity with this ordinance. This type of fuse shall be installed on all new wiring Jobs, all new circuits which are added to existing wiring, and on all remodel Jobs where services are changed or new services are installed. This type of fuse shall be installed on any existing wiring after written notice from the Electrical Inspector to the owner or agent of such existing wiring, in accordance with the provisions of this ordinance. Paragraph 6. GENERAL WIRING. Non-metallic sheathed cable shall not be used on masonry walls with furring strips less than two inches nominal dimension. Where cable is run through furring strips less than two inches from the outside surface of such furring strip it shall be protected with galvanized water pipe or its equivalent. Where non-metallic sheathed cable is run through timbers in partition walls, joists, or rafters of less than four inches nominal, it shall be protected in the above manner. Paragraph ?. Armoured cable shall not be permitted due to climatic conditions, except by special permission of the Electrical Inspector, for alterations, repairs and open wiring, in which case standard connectors shall be used throughout. Paragraph 8. Electrical metallic tubing shall not be used for Underground wiring or buried in concrete slabs in or below the grade floor. Paragraph 9. Rigid metal conduit, electrical metallic tubing, and all metal boxes used in connection with wiring except the service switch shall be galvanized. Paragraph 10. Flush type switches shall not be installed on out- side of walls unless they are sheltered from the weather by a protection that will keep water out of them in ordinary stormy weather of less than hurricane force. Ail electrical equipment placed outside and not so protected shall be of the approved weather- proof type. Electrical Ordinance. Page Paragraph 11. Wooden plugs shall not be used in masonry or other l~ke materials for securing electrical equipment. Paragraph 12. Ail receptacles used on wltages of 220 and up, shall be of the polarized type. Paragraph 13. Ail electrical connections w~ere approved terminals or clamp type lugs are not used shall be dip soldered. Soldering such connections by any other means than dipping is prohibited. Paragraph 14. Bare or uninsulated neutrals shall not be permitted in any underground wiring or any other place where by this ordinance lead covered conductors are required. Paragraph 18. Lead covered conductors shall be required where rigid metal conduit or electrical metallic tubing are formed into a trap in concealed places in outside walls. Paragraph 16. Boxes in floors of show windows: Boxes in floors of show windows shall have covers permanently attached and kept closed when not in use. Single outlets only shall be installed unless the cover is so arranged that when one outlet is in use any others are kept closed. Paragraph 17. Floor Outlets: No outlet shall be installed in a floor unless it is so arranged that water and dirt on the floor under ordinary conditions cannot enter the outlet. SECTION ll. Standard Electrical Material Ail electrical material, devices, appliances, fixtures and equipment installed or used in the City of Delray Beach shall be in conformity with the provisions of this ordinance and ~ules and Regulations of the Electrical Inspector, and in conformity with the approved standards for safety of life and property. Con- formity with the standards of the Underwriters' Laboratories Inc. as approved by the American Standards Association, shall be prima facie evidence of conformity with this ordinance. Except where by for reasons of climatic conditions, the provisions of this ordi- nance a specific class or type of material, device, appliance, fixture or equipment is disapproved for installation or use in the City of Delray Beach. However, the Electrical Inspector shall permit trial installations of new material, devices, appliances, fixtures and equipment after such material, devices, appliances, fixtures and equipment shall have been recommended by the Board of Electrical Examiners and approved by the Mayor and City Council. The maker's name, trademark or other identifications symbol shall be placed on all electrical materials, devices, appliances, fix- tufas and equipment used for installation under this ordinance. SECTION 12. Licenses Required No person, firm or corporation shall in any manner undertake Electrical Ordinance ~ Page ~10 to execute or perform any work of installing, maintaining, altering or repairing any electrical wiring, devices, appliances, fixtures or equipment for which a permit is required by this ordinance unless such person, firm or corporation is the holder of an electrical con- tractor's license or an electrical maintenance license and a cer- tificate therefor, as provided for in SECTION 1~ of this ordinance nor shall any person, firm or corporation execute or perform such wore otherwise than specifically permitted under the class of license held by such person, firm or corporation except that such provisions shall not apply to any person employed by and working under the direction of a holder of an electrical contractor's license or an electrical maintenance license; and except that no license shall be required in order to execute or perform the following worE: 1. Any work involved in the manufacture, test or repair of electric materials, devices, fixtures, appliances or apparatus, but not including any permanent wiring other than that required for testing purposes. 2. The assembly, erection and connection of electric apparatus and equipment by the manufacturer of such apparatus and equipment, but not including any electric wiring other than that involved in making ~tectrical connections on the apparatus or equipment itself or between two or more parts of such apparatus or equip- ment. 3. No license shall be required of a sole owner of ~a single family '~.~!~ dwelling where same is his home. · ~ · ~ SECTION 13. Classes of Licenses Two classes of licenses and certificates therefor shall be issued by the Board of Ele2trical Examiners, which shall be desig- nated respectively as Class 1, Electrical Contractors' Licenses; and Class 2, Electrical~Maintenance Licenses. ~ A Class 1, Electrical Contractor's License shall entitle the holder thereof to' engage in the business of, and to secure permits for, the installation, alteration, and repair of any electric wiring, devices, appliances, fixtures or equipment. A Class 2, Electrical Maintenance License shall entitle the holder thereof to undertake the work of and secure an annual permtt for installing, maintaining, altering, and repairing electric wiring, devices, appliances, fixtures and equipment, provided that the holder of such license regularly employs electricians for such purpose and provided that such work shall be confined to premises owned or occupied by the holder of said license, the location of which premises shall be described in the license. SECTION 1~. Board of Electrical Examiners t. There is hereby created a Board of Electrical Examiners w~ich shall consist of the Electrical Inspector and four (4) other members appointed by the City Council as follows: One (1) representative of the local Power & Light Company; one (1) Electrical Contractor; two (2) members of the City Council. · ~ Appointments shall be made for terms of two years, but any member may, for cause, be removed from office or wubstituted for any length of time, by the City Council. 3 Each appointed member shall receive the sum of One ($1.00) Dollar for each day during which he has attended a meeting of the Board. // Electrical Ordinance Page #11 SECTION 1§.' Duties of Board of Electrical Examiners It shall be the duty of the Board of Electrical Examiners to hold a meeting when called by the Electrical Inspector to examine representatives of applicants for licenses; to grant licenses as applied for and issuecertificates therefor to those applicants who shall show the proper qualifications and who have paid the prescribed fee; to revoke or suspend licenses for good and suf- ficient cause as prescribed in SECTION ~1; to review decisions of the Electrical Inspector as provided for in SECTION Eg, and to take such other actions as may be found necessary or desirable for carrying out the provisions of this ordinance. The Board shall keep record of all meetings which records shall be open for inspection at all times. The Board shall keep a record ~f all licenses issued by it and shall prepare a manual of its rules and regulations for the conduct of examinations. Four (4) members of the Board present at any meeting shall con- stitute a quorum for the granting, revocation, or suspension of licenses and the transaction of other business and a majority vote of such quorum shall prevail; provided however, that any decision of the Board as herein provided for may be appealed to the City Council for review and approval or disapproval. SECTION 1~. APPLICATIONS for LICENSES Applications for licenses shall be made in writing to the Board of Electrical Examiners stating the class of licenses applied for, the name and place of business of~ the applicant, and the name of the representative of the applicant who will act as the supervisor of the work to be done under the license. An application for a Class E license shall also describe the premises within which work will be done under the license if granted. SECTION 17. Examinations. The designated representative of each applicant for a license shall be examined by the Board of Electrical Examiners as to his knowledge of the rules and regulations for the installation of electric wiring, devices, appliances, fixtures and equipment as set forth in the statutes of the State of Florida, in the ordinance of the City of Delray Beach and in the National Electrical Code, and to determine the general qualifications and fitness of each applicant for executing the class of work covered by the license applied for. Examinations shall be in writing and a complete record of every examination given shall be kept on file until three years after the date of the examination. Examinations for license will be held the first week in Sep- tember and February of each year. SECTION 18. Holder of License and Supervisor Each certificate for a license issued in accordance with the provisions of this ordinance shall specify the name of the person, firm or corporation licensed, who shall be known as the holder of the license, and shall specify the name of the person who has passed the examination, and such person shall be designated in the certifi- cate as the supervisor of all work to be done under the license. The person designated as the supervisor may be a person in the employ of the holder of the license; or, if the holder is a person, may be the holder himself; ~r, if the holder is a firm, may be a member of the firm; or, if the holder is a corporation, m~y be an officer of the corporation.' The same person shall not be deaigmated as the supervisor in two or more licenses issued to different persons, firms or corporations. In the event that the business association of the Electrical Ordinance Page #12 supervisor with, or ~mployment of the supervisor by, the holder of the license shall terminate, said license shall become null and void thirty (30) days after such termination. SECTION 19. Fees for Licenses Before a license is granted to any applicant and before any expiring license is renewed, the applicant shall pay to the City of Delray Beach a fee~of: For a 01ass 1' Electrical Contractor's License $$§.00 For a Glass 2, Electrical Maintenance License $10.00 Each license shall expire on September 30th following the date of its issue, and shall be renewed by the Board of Electrical Examiners upon application of the holder of the license and payment of the required fee at any time within thirty (S0) days before the date of such expiration. SECTION 20. Display of Certificates Every holder of a license shall keep his, their or its cer- ti£icate of license displayed in a conspicuous place in his, their or its principal place of business. SECTION 21. Revocation and Suspension of Licenses No license and certificate issued in accordance with the pro- visions of SECTION 13 of this ordinance shall be assignable or trans- ferable. Any such license may be suspended for a definite length of time by the Electrical Inspector if the person, firm, or corporation holding such license wilfully, or by reason of incompetence, violates any statutes of the State of Florida or any ordinance, rule or regu- lation of the City of Delray Beach relating to the installation, maintenance, alteration or repair of electric wiring, devices, appliances, fixtures or equipment. Such suspension shall be subject to and heldluntil a hearing of the Board of Electrical Examiners shall sustain or revoke the action of the Electrical Inspector, and who may also, after hearing, add to said suspension or revoke said license. SECTION 22. Scope of Retail Sales Regulations. The provisions of SECTION 23 to 27 inclusive, of this'ordinanme shall apply to the following electrical materials, devices, appliances, fixtures and equipment. 1. All electrical materials, devices, appliances, fixtures and equip- ment which are intended to be used te make an electric wiring installation in conformity with this ordinance, but not includtn~ any generating, transforming or utilization device or devices for measuring or recording current, voltage or power, except as hereinafter specified in paragraphs (2) to (10) inclusive. 2. All lighting fixtures and portable lighting equipment. 3. All incandescent, arc, vapor and gas-tube lamps. 4. All transformers operating at 100 volts or more between any two conductors and having a rated capacity not exceeding l§0 watts. 5. All electrically operated toys. ~ 6. All radio receiving sets. ?. Ail electrically heated cooking equipment intended for domestic use, and all other electrically heated appliances in individual capacities not exceeding 10,000 watts. Electrical Ordinance Page #13 8. Ail other electrical appliances and equipment intended for domestic use. 9. Ail electrically illuminated signs. 10. Ail portable motion picture projectors. SECTION 23. Definition of Retail Sales The term"sale at retail", wherever used in this ordinance, shall mean any sale direct to the ultimate user or consumer, irrespective of whether the sale is made at a wholesale or retail place of business and irrespective of whether the principal business of the seller is selling at wholesale or at retail. SECTION 24. Approval required Every person, firm or corporation, before selling, offering for sale or exposing for sale, at retail, or disposing of by gift as a premtnm or in any similar manner and before granting or offering to grant possession of for rent any electrical m-terial, device, appliance, fixture or equipment specified in SECTION ~2, shall first determine if such electrical material, device, appliance, fixture or equipment is approved for retail sale, installation and use in the City of Delray Beach; and it shall be unlawful for any person, firm or Corporation, or any partner, officer, agent or employee thereof, to sell, offer for sale, or expose for sale, at retail, or to dispose of by gift as a premium or in any similar manner, or to grant or offer to grant possession of for rent any such electrical material, device, appliance, fixture or equipment which is not approved for retail sale, installation and use in the City of Delray Beach. ~ECTION 25° Approval of Electrical Products The electrical Inspector shall approve for retail sale, instal- lation and use in the City of Delray Beach such materials, devices, appliances, fixtures and equipment of the types specified in SECTION 22 and only such, as are in conformity with the ordinance of this City, the statutes of the State of Florida, and all applicable orders issued under the authority of the state statutes, and in conformity with approved standards for safety to life and property. Except where by any ordinance of this City, by any statute of this State or by any order issued under the authority of the State statutes a specific type or class of material, device, appliance, fixture or equipment is disapproved for installation or use, conformity of materials, devices, appliances, fixtures and equipment with the Standards of Underwriters' Laboratories, Inc., as approved by the American Standards Association, shall be prima facie evidence that such materials, devices, appliances, fixtures and equipment are suit- able for approval by the Electrical Inspector. The Electrical Inspector shall prepare or designate a list of electrical materials, devices, appliances, fixtures and equipment that are approved for retail sale, installation or use in the City of Delray Beach, and a copy of such list shall be kept on file in the office of the Electrical Inspector and shall be accessible for public reference during the regular office hours. SECTION 26. Provisional Approval The Electrical Inspector is hereby authorized and empowered to grant provisional approval for the retail sale, installation and use of any electrical ~terial, devices, appliances, fixtures or equip- ment listed in SECTION 22 which has been submitted to him for approval and which, in his Judgment, is reasonably safe but has not yet been finally approved either because no applicable standards have been established, or because, in the opinion of the Electrical Inspector, further examination or experience is necessary or desirable before making final decision as to approval. Electrical Ordinance Page Provisional approval shall continue in force only for such time as is necessary to definitely determine whether the material, device, appliance, fixture or equipment complies with approved standards for safety to life and property. Any individual article of material, devices, appliances, fixtures or equipment which have been sold at retail under provisional approval shall thereafter be considered as approved for installation and use, even though the ~rovisional approval shall have been withdrawn and no final approval of the particular type of material, device, appliance, fixture or equipment shall have been granted. SECTION 27. Identification Markings All electrical materials, devices, appliances, fixtures and equip- ment specified in SECTION ~2 which are sold, offered for sale, or exposed for sale at retail, or disposed of by gift as a premium or in any similar ~-BBer, or which are rented or offered for rent, shall have the maker's name, trade mark or other identification symbol placed thereon, together with such other markings giving voltage, current, wattage, or other appropriate ratings as may be necessary; and it shall be unlawful for any person, firm or corporation, to remove, alter, change or deface the maker's name, trademark or other identification symbol, or any of the necessary rating markings required by this ordi- nance. SECTION 28. Registration of Retail Dealers Every person, firm or corporation before engaging in the selling, offering for sale or exposing for sale, at retail of any electrical materials, devices, appliances, fixtures and equipment specified in SECTION 22 of this ordinance, except a holder of a Class 1, Electrical Contractor's License as referred to in SECTION l~ of this ordinance, shall register with the Electrical Inspector and ahall receive from the Electrical Inspector a certificate of registration. Such regis- tration and certificate shall expire on the 30th day of September of the year in which it is issued and shall be renewed by the Electrical Inspector upon application of the holder of the certificate and payment of the required fee at any time within thirty days before the date of such expiration. A fee of Two ($2.00) Dollars per year shall be paid for such registration and for each ~nnual renewal thereafter. SECTION 29. Review of Decisions and Proposals for Trial Installations Any person, firm or corporation may register an appeal with the Board of Electrical Examiners for a review of any decision of the Electrical Inspector provided that such appeal is made in writing within five days after such person, firm or corporation shall have been notified of such decision by the Electrical Inspector. Upon receipt of such appeal the said Board shall proceed to determine whether the action of the Electrical Inspector complies with this ordinance, and within five days shall make a decision in accordance with its 2indings. Any proposals for trial installations of new wiring methods, ~eterials, fixtures or devices shall be submitted to the Board of Electrical Examiners. If on investigation the Board should consider it advantageous to permit such trial installations in the City o f Delray Beach, the Board shall submit its finds to the Mayor and City Council for approval. Such trial installations shall only be made · after the approval of the Mayor and City Council is obtained. SECTION 30. Penalties ~y person, firm or corporationwho shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars for each offense, together with the costs of prosecution, and in default of payment thereof by imprisonment for not less than five (5) days nor more than fifty (50) days, or by both such fine and Electrical Ordinance Page #15 imprisonment, in the discretion of the Court, and if such person, firm or corporation is the holder of a license of either class provided for in this ordinance, such conviction shall have the effect of suspending said license until such time as it shall have been reinstated by the Board of Electrical Examiners. SECTION 31. Liability for Damages This ordinance shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, con- trolling or installing any electric wiring, devices, appliances, fixtures or equipment for damages to person or property caused by any defect therein, nor shall the City'of DeLray Beach be held as assuming any such liability by reason of the inspection or the examination authorized herein or the certificate of approval or the license and certificate therefor issued~as herein provided or by reason of the approval or disapproval of any materials, devices, appliances or equip- merit authorized herein. SECTION 32. Validity If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining of this ordinance. The City Council of the City of Delray Beach 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 unconstitutional. SECTION 33. Repeal of Conflicting Acts All'ordinances or parts of ordinances conflicting with the pro- visions of this are hereby repealed. ordinance SECTION 34. Date to Take Effect This ordinance shall take effect immediately after its passage and publication, which publication shall be by caption only. Passed on second and final reading, on the ~l day of Pre - unci~ Attest: Appro~,d: City'Clerk / Mayor-- last appoint a~ Eleotrleal Xnspeotor (1Io texan m~tione~ ~ o~a~e ~t o~s~er ~t for 2 years, s~ean ~sorlbe to oath ' ~ Z Of ~ T0 BE FI~ T0~E~. ~ lieense ap~lie~ for t~o~ Clerk to ~ of ~ lie~aes to be lss~ b2 C~r~ on ~asa~e ~ app~l of (appointe~ ~r. ~year .te~) ~eptember ~8~ ~ ~eot~oal Cont~otor ~.W. ~ Ce~lficates of ~gist~tl~ ~o~ s~e of eleotri~ ~eot~o~ Contraotor~s lioen~ $ ~natlon fee~: Contraotora ~STIONS & THIN~ B~EDED TO 0~~ ~ ~O~ Hee~ appl~ati~ for~ for applloants, ~" ~ms ~e~ for Ctfse of ~glst~tion for sa~ ,.Does e~one ~ to nt~ ex--ties, this Fa~5