Chapter 8.76 — ELECTRICAL MATERIALS SAFETY STANDARDS

From and after the effective date of the ordinance codified herein, 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 electrical system, circuit or electrical service for light, heat or power in the city unless such electrical material, device or appliance complies with the provisions of this chapter.

(Ord. 3968 § 1, 1947)

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 this chapter and of rules and regulations adopted pursuant hereto. Each of such articles 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 volts and amperes or volts and watts shall be stated and no person, firm or corporation shall remove, alter, deface or obliterate any such marking.

(Ord. 3968 § 2, 1947)

All electrical materials, devices and appliances covered by and intended to be regulated by this chapter shall conform with the code of safety standards for such materials, devices and appliances hereby adopted and approved, entitled "Code of Standards for Electrical Materials, Devices and Appliances in the City of Pasadena," which code is adopted by reference as though herein set out in full and hereinafter referred to as "code of standards." Three copies of the code of standards are on file for the use and examination by the public in the office of the city clerk of the city.

(Ord. 3968 § 3, 1947)

A.

It is declared that the national safety standards for such materials, devices and appliances on file in the office of the United States Bureau of Standards are the minimum standards required to provide an adequate degree of safety to life and property in the city, and further that the national safety standards have been incorporated in the code of standards.

B.

It is declared that there is need for uniformity between national safety standards and local standards and that it is one of the objects of this chapter that as technological progress and refinement is made in national safety standards that similar progress and refinements be made in local safety standards and to that end it is necessary that certain administrative rule-

making power be vested in the superintendent of building in order to carry out the intent and purpose of this chapter and to provide the city and its inhabitants with the degree of safety required to adequately safeguard life and property in the city.

(Ord. 3968 § 4, 1947)

Whenever the superintendent of building shall determine that there is a lack of uniformity between the national safety standards on file in the office of the United States Bureau of Standards and the code of standards and as and when refinements are made in the national safety standards which have not been incorporated as a part of the code of standards, the superintendent of building is empowered to adopt and promulgate such rules and regulations as he shall deem necessary to bring the code of standards into harmony with the national safety standards. Before any rule or regulation may be adopted hereunder, 3 copies thereof dated and signed by the superintendent of building shall be filed with the code of standards. Said 3 copies shall be available for use and examination by the public. After such rule or regulation is so filed it shall have full force and effect as though originally set forth in the code of standards.

(Ord. 3968 § 5, 1947)

Listing or labeling of materials, devices and appliances by the Underwriters Laboratories, Inc. or other testing laboratory approved by the superintendent of building as complying with standards on file with the United States Bureau of Standards may be accepted by the superintendent of building as prima facie evidence of the conformity of such materials, devices and appliances with corresponding provisions of the code of standards of the city or of corresponding rules and regulations adopted hereunder.

(Ord. 3968 § 6, 1947)

Where no standards have been adopted for any such materials, devices or appliances, the superintendent of building may require that such materials, devices or appliances be submitted to a testing laboratory or laboratories deemed qualified by him for testing same. Upon receipt of a report from such laboratory or laboratories, he may designate a standard for each such article submitted and tested, which designation shall be in writing and shall be adopted and promulgated as a rule or regulation in the manner herein provided. Any such standards so prescribed shall be designed to provide as a minimum the degree of safety to life and property as is required by the standards hereby adopted for materials, devices or appliances of similar or related character or nature.

(Ord. 3968 § 7, 1947)

Any approval granted by the superintendent of building may be revoked by him if the electrical materials, devices or appliances are found to be hazardous to life and property for the purpose used or intended, or do not conform with the standards under which they were approved for use. Before any approval may be withdrawn, the superintendent of building shall give notice in writing to the person to whom approval was granted of his intention to withdraw approval and shall afford such person an opportunity to be heard with respect thereto at a public hearing to be held thereon. In the event that approval is withdrawn or modified by the superintendent of building after such hearing, any person aggrieved thereby may appeal from the ruling of the superintendent of building to the board of directors of the city in the manner provided in this chapter for the consideration by the board of directors of appeals.

(Ord. 3968 § 8, 1947)

The provisions of this chapter shall not apply to electrical materials, devices and appliances which are the subject matter of regulation in city building and wiring ordinances heretofore adopted and in effect as of the date hereof.

(Ord. 3968 § 9, 1947)

The provisions of this chapter shall not apply to motor vehicles or to motor vehicle equipment.

(Ord. 3968 § 10, 1947)

The provisions of this chapter shall not 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 25 volts or consuming less than 50 watts.

(Ord. 3968 § 11, 1947)

The provisions of this chapter shall not apply to those industrial or commercial appliances which are to be used in a specific location and which have been submitted to a laboratory for approval to determine their conformity with the standards herein provided for but with respect to which final approval by such laboratory is still pending, providing that an exception is applied for and granted in the manner herein prescribed. The person desiring to make such installation shall submit an application in writing for such exception to the superintendent of building accompanied by written evidence satisfactory to such superintendent of building indicating that laboratory approval has been applied for. Such exception if granted by the superintendent of building shall continue in force only during such time as such superintendent of building believes that the testing laboratory will grant final approval certifying compliance to the prescribed standards. If for any reason the superintendent of building believes that the testing laboratory has not made an adequate test of materials, devices or appliances, he may require that the same shall be submitted to some other laboratory, approved by him, for further tests.

(Ord. 3968 § 12, 1947)

The provisions of this chapter shall not apply to electrical materials, devices and appliances installed by or for an electric utility for its use in the generation, transmission, distribution or metering of electrical energy.

(Ord. 3968 § 13, 1947)

In the rebuilding or repair of any such electrical materials, devices or appliances all parts replaced or repaired shall conform in all particulars with the code of standards and the rules or regulations hereby provided for.

(Ord. 3968 § 14, 1947)

The superintendent of building is directed to enforce the provisions of this chapter. He is authorized to delegate any of his powers under this chapter to any of his assistants, with the sole exception of the power to adopt and promulgate rules and regulations which power may not be delegated by him.

(Ord. 3968 § 15, 1947)

This chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person owning and operating, controlling or installing any electrical materials, devices or appliances for personal injury or property damage resulting from the use thereof by reason of any defect therein or for any other cause, nor shall it be construed as imposing upon the city or its officers or employees of any responsibility or liability by reason of the approval of any materials, devices or appliances under the provisions of this chapter.

(Ord. 3968 § 16, 1947)

A.

In the event that any person believes that unreasonable restrictions or unnecessary and extraordinary hardship or damage will be imposed upon him by the enforcement of any of the provisions of this chapter or by the application of any of the standards adopted or by the adoption or application of any rules or regulations by the superintendent of building, or from any rulings or determinations of such superintendent of building, such person may appeal therefrom to the board of directors in writing and request a public hearing thereon by the board of directors.

B.

In the event of such appeal, the board of directors shall fix a time and place for a public hearing thereon and shall give notice thereof, in writing to the person requesting such hearing by mail, postage prepaid to the address shown in such request, and shall also give notice thereof to the superintendent of building. At the time fixed for such hearing or at any later time to which such hearing may be adjourned, the board of directors shall proceed to hear the testimony of the appellant and of others in his behalf and of the superintendent of building and others in his behalf and of other competent persons who may be present and desire to testify or who may be called by the board of directors to give testimony at such hearing. Upon the conclusion of the hearing, the board of directors shall by resolution declare its findings and decision in the matter. If it finds that unreasonable restrictions or unnecessary and extraordinary hardship or damage will be imposed upon the appellant, then it may grant an exception or variance from the application in whole or in part of such provisions of this chapter or of such standards, rules and regulations, rulings or determinations, or it may modify, rescind or otherwise alter such standards, rules and regulations, rulings or determination, provided that in granting such an exception or variance or in taking such other action as it may deem justified, it may do so only in the event that such action may be taken in harmony with the general purposes and objectives of this chapter to preserve the public health, safety and welfare. The decision of the board of directors rendered after a hearing held in the manner prescribed herein shall be final and conclusive.

(Ord. 3968 § 17, 1947)

Any person, firm or corporation violating any of the provisions of this chapter or of the code of standards or of any rule or regulation adopted pursuant hereto is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.00 or by imprisonment in the city jail for a period of not more than 6 months or by both such fine and imprisonment.

(Ord. 3968 § 18, 1947)