City of Bethlehem - Article 1703

ARTICLE 1703

Requirements and Qualifications to Obtain Licensing
to Perform Electrical Work Within the
City of Bethlehem

1703.01 Definitions.
1703.02 Applicants’ Qualifications, Applications and Examinations.
1703.03 Geographical Requirement.
1703.04 Licenses and Fees.
1703.05 Change in Registration.
1703.06 Proof of Responsibility.
1703.07 Suspensions or Revocations.
1703.08 Non-Licensed Work.
1703.09 False Statements.
1703.10 Reciprocity.
1703.11 Escrow.
1703.12 License Board.
1703.13 Owner Performance.
1703.14 Designation of Telecommunication Installation Companies.

CROSS REFERENCES

Adoption by reference - See 3rd Class Charter Law §608(a)
[53 P.S. §41608(a)]; 3rd Class §2403(67) [53 P.S. §37403(67)]
Electrical system - See BLDG. Art. 1733
Pennsylvania Uniform Construction Code – See Article 1701

1703.00 Scope

This section shall regulate the business of installing, altering, or repairing wiring and appliances for electric light, heat, and power within the City of Bethlehem, and to provide for the licensing of all persons who engage in such business. The purpose of this licensing procedure is to foster the safety of those who reside, work or visit in the City of Bethlehem. This licensing procedure shall not be construed in such a manner as to provide artificial and unnecessary barriers to the conduct of electrical work by firms located both inside and outside of the City limits. Telecommunication installations, outside of this scope shall be covered by Section 1703.14 of this Ordinance.

1703.01 Definitions

For the purposes of this article the following definitions shall apply:

(a) Master Electrician shall mean any person, or employee of a proprietorship, partnership, or corporation who, within the City of Bethlehem, engages in or carries on the business of installing, erecting, altering, extending, maintaining, or repairing electrical wiring, apparatus, fixtures, devices, appliances, or equipment utilized or designated for the utilization of electricity for light, heat, or power purposes or for signaling systems, and who carries on such business as an independent contractor or employee of a proprietorship, partnership or corporation and who has the final determination and the full responsibility for the manner in which the work is done, for the materials used and for the selection, supervision and control of Journeyman Electricians and apprentices employed on the work engaged in by said person, proprietorship, partnership, or corporation.

(b) Master Electrician's License shall mean a license issued to a Master Electrician as herein defined, who, by passing the required examination and tests, has qualified as a competent person to be a Master Electrician.

(c) Residential Electrician shall mean any person, or an employee of a proprietorship, partnership or corporation who, within the City of Bethlehem, engages in or carries on the business of installing, erecting, altering, extending, maintaining or repairing electrical wiring, apparatus, fixtures, devices, appliances or equipment utilized or designated for the utilization of electricity for light, heat or power purposes, or signaling systems, and who carries on such business as an independent contractor, or employee of a proprietorship, partnership, or corporation and who has the final determination and the full responsibility for the manner in which the work is done, and for the materials used and for the selection supervision and control of any workers engaged by said person, proprietorship, partnership or corporation.

Such licensed electrician shall be restricted to residential electrical work in one (1) and two (2) family dwelling and dwelling units. Work may not be performed in non-residential buildings nor in mixed-use buildings where a single electrical service is utilized for the entire building. Residential electricians are restricted to the installation of 600 amp single phase services or less and in buildings of not more than three (3) stories.
(Ord. 2012-7 – 3/6/12)

(d) Residential Electrician's License shall mean a license issued to a Residential Electrician as herein defined, who, by passing the required examination and tests, has qualified as a competent person to be a Residential Electrician. At least one licensed Residential Electrician is required per job. (Ord. 2012-7 – 3/6/12)

(e) Journeyman Electrician shall mean any person who shall have passed the Journeyman Electrician's examination and qualified and registered in accordance with the terms of this article and under the rules and regulations of the said Examining Board, and one who is the holder of a Journeyman Electrician's License and is employed as defined in the definition of Master Electrician.

(f) Journeyman Electrician's License shall mean a license issued to a Journeyman Electrician as herein defined, who, by passing the required examination and tests, has qualified as a competent person to be a Journeyman Electrician. At least one licensed Journeyman is required per job.
(Ord. 2012-7 – 3/6/12)

(g) Special Electrician shall mean any person, who installs, alters or repairs electrical wiring, appliances for heat, light, power, and or signaling systems in or on buildings or lots in the City, and who is an employee of a proprietorship, partnership or corporation which owns, leases, or manages a building, buildings, or parts thereon situated in the City of Bethlehem. The Special Electrician so employed shall be authorized to determine the method of doing the electrical work the materials to be used and the persons to be employed on such work.

(h) Special Electrician's License shall mean a license issued to a Special Electrician, as herein defined whom, by passing the required examination and tests has qualified as a competent person to be a Special Electrician.

(i) Electrical Appliance Installer shall mean any person, or employee of a proprietorship, partnership or corporation who, within the City of Bethlehem engages in or carries on the business of installing and/or repairing electrical equipment, air conditioning, signs, or equipment utilized or designated for the utilization of electricity for heat, power, or lighting purposes, and who has the final determination and the full responsibility for the manner in which the work is done, for the material used and for the selection, supervision, and control of any persons employed on the work engaged in by said proprietorship, partnership or corporation.

Such licensed installer shall be limited to the installation only of, circuit and control wiring and connection to motors rated not in excess of five (5) horsepower, heating equipment loads not in excess of ten (10) KW and sign equipment loads not in excess of two and one-half (2-1/2) KW. When necessary to alter or increase service board equipment, service feeders, or distribution to accommodate any additional light, heat, or power loads, such changes shall be performed by a registered Master Electrician or Residential Electrician, as appropriate.

(j) Electrical Appliance Installer's License shall mean a license issued to an Electrical Appliance Installer, who, by passing the required examinations and tests has qualified as a competent person to be an Electrical Appliance Installer.

(k) Items covered defined - "Materials, "Electrical" or "Electrical Work", "Electrical materials", "Electrical Appliances" and "Electrical Fixtures" shall mean and include all electrical apparatus, electrical appliances, electric wiring, electrical fixtures, and all electrical supplies of whatever kind or nature used as a part of any installation for the transmission or consumption of electrical energy, including the electrical installation and apparatus used in a connection with and adjunctive to heating, cooking plumbing, ventilating and refrigerating equipment, display and advertising signs and water heaters, provided, however, said terms shall not include incandescent lamps, domestic electrical appliances severable from the freehold without material damage thereto.

(l) Public Services Corporation - This code shall not apply to the following: electrical equipment used in connection with railroads, television receiving, telephone communication which is P.U.C. regulated, radio broadcasting, elevators, and dumbwaiters and electric stairs, nor shall this code apply to electrical equipment used in connection with lighting and power companies as shown in NFPA 70-2002 (2002 National Electrical Code).

1703.02 Applicants' Qualifications, Applications and Examinations

(a) Applicants' Qualifications: Every applicant for a Master or Residential Electrician's license shall be over the age of twenty-one (21) years. An applicant for a Master Electrician's license or a Journeyman Electrician's License, at the time of application, shall have had a least four (4) years practical experience in the installation, alteration, and repair of wiring and electrical construction for electric light, heat, and power in or on buildings. An applicant for a Residential Electrician's License or a Special Electrician's License at the time of application, shall have had not less than two (2) years practical experience. An applicant for an Electrical Installer's License at the time of application shall have had not less than one (1) year practical experience.

(b) Applications: Every application for a license shall be made in writing in such form and shall furnish such information as the Electricians Examining Board may, from time to time, require.

Applications must be filed at least thirty (30) days prior to the date of examinations as hereinafter provided.

(c) Examinations: Written, or written and practical examinations shall be prepared by the Electricians Examining Board and/or International Code Council (ICC) and administered by it to applicants to test each applicant's knowledge of the provisions of this Code and the work covered thereby and no license shall be issued unless the applicant attains a passing mark in such examination.
(Ord. 2012-7 – 3/6/12)

1703.03 Geographical Requirement

No restriction based on location shall be made on applicants for Master, Residential, Journeyman, or Special Licenses who reside, or whose business is located, or who are employed by a business with its headquarters located outside the City of Bethlehem.

1703.04 Licenses and Fees

(a) Application Fee: At the time of filing application for an examination, each applicant shall pay a fee. The application fee will be based on the cost of administering the exam and will be assessed at the time of the examination.

(b) License Fees: Before any license will be issued to an approved applicant, the applicant shall pay a fee as per the Fee Schedule Section 1703.04(g).

(d) License Term: Each license shall be issued for the calendar year during which it is issued and the full fee shall be payable irrespective of the date of issue.

Each license shall continue in force only so long as the employee continues to be associated with the license holder same proprietorship, partnership or corporation.

(e) License Renewal: Any license issued hereunder may be renewed without examination, provided application or renewal is accompanied by the renewal fee prescribed hereinafter. Where an applicant can show good and sufficient cause for his or her inability to renew his or her license before January 1st of any year, the Director of Community and Economic Development may within thirty (30) days thereafter, permit the issuance without examination of a license upon payment of the prescribed fee for such new license within said thirty (30) days.

(1) All master and residential licensees shall be required to provide written evidence that they have satisfactorily completed 30 hours of continuing education in electrical code compliance and an additional 6 hours of safety continuing education within the three years prior to the license renewal date.

For the purposes of the license renewals that become effective for the 36 months following the passage of this ordinance the license renewal requirement shall be limited to 0 credits within 0-12 months of the date of the ordinance, 12 credits within 13-24 months of the ordinance and the full 36 credits within 25-36 months of the ordinance and all renewals thereafter.

(2) All Journeyman shall be required to provide written evidence that they have satisfactorily completed 24 hours of Electricians Examining Board approved continuing education, of which at least 6 hours shall be safety continuing education and the remaining hours shall be electrical code compliance, continuing education, within a three (3) year period.

(Ord. 4471 – 2/5/08; Ord. 2012-7 – 3/6/12; Ord. 2012-42 – 12/20/12.)

(f) Renewal Fees: The fees as required herein are to be established in accordance with the requirements as per Fee Schedule Section 1703.04(g).

(g) Electricians License Fee

The yearly electricians license fee, renewable January 1 through January 31 each year, shall be:

$75.00 Master Electrician License;

$65.00 Residential Electrician License;

$50.00 Journeyman Electrician License;

$40.00 Special Electrician License;

$40.00 Electrician Appliance Installer License;

$40.00 Telecommunications Installer (no test required).

1703.05 Change in Registration:

(a) An application for a change of license from Master Electrician to a Residential, Special or Journeyman Electrician shall be granted without examination.

(b) An application for a change of license from Residential Electrician to Special or Journeyman Electrician shall be granted without examination.

(c) An application for a change of license from Residential, Special or Journeyman Electrician to Master Electrician shall be granted only upon compliance by the applicant with all applicable provisions of this code.

1703.06 Proof of Responsibility

At the time of issuance of all permits, the applicant shall furnish a certificate evidencing proof of Workmen's Compensation, Bodily Injury and Property Damage Insurance applicable to the applicant, unless such evidence is currently on file in the Bureau of Inspections.

1703.07 Suspensions or Revocations

Every holder of a license, upon retiring from the electrical business or upon the occurrence of any other cause for suspension or revocation of such license, shall notify the Director of Community and Economic Development in writing of such fact, at the same time enclosing the license certificate and identification card. The Director of Community and Economic Development may, by an order in writing, suspend or revoke any license issued by him after a hearing on notice before the Electricians Examining Board and, upon good cause shown, including but not limited to the following: permitting unauthorized or fraudulent use of the license by another, failure to file applications for certificates performing work which fails to meet the Electrical Code, fraudulent dealing, or misrepresentation.

1703.08 Non-Licensed Work

No person not the holder of an appropriate license, nor a proprietorship, partnership or corporation not employing a holder of an appropriate license shall install, alter, or repair any wiring or electrical equipment for electric light, heat, or power in or on any building. No person, proprietorship, partnership or corporation shall cause any such work to be done by any person not the holder of such license, nor by any proprietorship, partnership or corporation not employing a holder of such license as herein defined. For the purpose of all work discussed and regulated by this article, “ under the supervision of a person holding a license” shall be deemed satisfied by the employment and supervision of at least one Journeyman Electrician. No person, not the holder of such license nor proprietorship, partnership or corporation not employing a holder of such license shall falsely represent that he or it holds such license or shall use in any advertising the words "Master Electrician", "Residential Electrician" or the words "Licensed Electrician" or the words "electrical contractor" or any words of similar meaning or import on any sign, card, letterhead, or in any manner.
(Ord. 2012-7 – 3/6/12)

1703.09 False Statements

Any person who, with intent to defraud or deceive, knowingly makes, causes, procures to be made, or aids and assists in the making of a false statement in an application for a license, or the renewal of a license, in an application for a license, or the renewal of a license, in an application for a permit or certificate of electrical inspection and approval, in any application provided for in this title, in any proof or instrument in writing in connection therewith, or who shall in any examination hereunder, deceive or substitute, shall be in violation of this article.

1703.10 Reciprocity

The Director of Community and Economic Development will accept as Master Electricians valid licenses from other municipalities that also recognize a Bethlehem Master Electricians License without formal testing and in addition all other classifications listed in this Code, provided that said municipality has a testing process, provided such licensees comply with all other applicable provisions of this Code, including payment of the applicable permit fee.

1703.11 Escrow

The holder of any valid license as herein defined may, upon written request to the Electricians Examining Board, have the Director of Community and Economic Development hold said license in escrow for a period of up to five (5) years, during which time the licensee may not perform any work which would, under the provisions of this Code, require the issuance of a license. Upon proper application for renewal of the license being held in escrow, applicant shall be granted same without examination provided the Electricians Examining Board is satisfied as to the applicant's fitness to engage in the work covered by said license.

1703.12 License Board

(a) Membership of Board: There shall be appointed by the Mayor, with the advice and consent of City Council, an Examining Board to be known as the Electricians Examining Board, to determine the fitness of applicants for licenses and to investigate and report on all proposed suspensions or revocations of licenses, and the Mayor may, for cause shown, remove any member thereof and shall fill any vacancy therein. Said Board shall consist of two (2) Master Electricians, one (1) Residential Electrician, the City Electrical Inspector, one (1) electrical engineer fully employed by local industry and two (2) citizens-at-large. With the exception of the Master Electrician and Residential Electrician categories, Board membership shall not include representation from the regulated industry.

(b) Terms

The terms of the members of the Electricians Examining Board shall be as follows:

(1) Three (3) members of the Board shall be appointed originally for a term of one (1) year, two (2) members for a term of two (2) years, and two (2) members for a term of three (3) years.

(2) As the terms of office of each of the original member of the Board expires, their successors shall be appointed for a term of three (3) years.

The members of the Electricians Examining Board shall within thirty (30) days from their appointment, meet specially and organize and shall elect from their members a Chairman. They shall also elect a Secretary who need not be a member of the Board. The Board shall meet three (3) times per year, after public notice each and every year, for the purpose of considering and disposing of all applications for licenses, providing, however, that when any of the days appointed for a meeting shall fall on a legal holiday, the Board may hold special meetings as frequently as is necessary for the propriety and efficient discharge of its business. Such meetings shall be held upon forty-eight (48) hours written notice to each member of the Board, stating the purpose of such special meeting. Four (4) members of the Board shall constitute a quorum for the transaction of any and all business. (Ord. 2012-7 – 3/6/12)

(d) Rules and Regulations

The Electricians Examining Board shall formulate its own rules and regulations for all examinations. Such rules and regulations shall become effective immediately upon the adoption by the Board and the approval of the City Council of the City of Bethlehem.

(e) Duties

The Electricians Examining Board shall investigate all applicants for licenses and shall report to the Director of Community and Economic Development the results of all examinations which it shall administer to applicants. It shall investigate and hear all written complaints against holders of such licenses and designations and report to the Director of Community and Economic Development its findings and recommendations. It shall keep minutes of its proceedings and hearings and records of its investigations and examinations of applicants for licenses.

(f) Appeals from decisions of the Board shall be made to the Board of Appeals

1703.13 Owner Performance

Any permit required by the Ordinance may be issued to a bona fide owner, occupant of a single family dwelling, which is to be occupied exclusively for living purposes by the owner, to do any work regulated by this Code on the said dwelling and on the condition that the said owner personally purchase all material and perform all labor in connection herewith.
(Ord. 2012-7 – 3/6/12)

1703.14 Designation of Telecommunication Installation Companies

(a) Scope.

This section shall regulate the business of installing telecommunications equipment including telephone systems, signaling systems, computer systems, communication links, fiber optics, alarm systems or any system designed to carry information rather than electricity for the purposes of heat, power or light and to provide for the designation of those companies which are allowed to perform this work in the City of Bethlehem. The purpose of this designation procedure is to foster the safety of those who reside, work or visit the City of Bethlehem. This designation procedure shall not be construed in such a manner as to provide artificial and unnecessary barriers to the conduct of telecommunication work by firms located both inside and outside of the City limits.

(b) Exemption

Public Service Corporations - This section shall not apply to P.U.C. regulated telephone and electric power companies.

(1) Applications: Every application for designation shall be made in writing in such form and shall furnish such information as the Electricians Examining Board may, from time to time, require. No examination shall be required.

(2) Proof of Responsibility: At the time of issuance of all permits, the applicant shall furnish a certificate evidencing proof of Workmen's Compensation, Bodily Injury, and Property Damage Insurance applicable to the applicant unless such evidence is currently on file in the Bureau of Inspections.

(3) Geographical Requirement: No restriction based on location shall be made on applicants who reside, or whose business is located with its headquarters located outside of the City of Bethlehem.

(d) Designation and Fees

(1) Designation Fees

Before any designation will be issued to an applicant's business, the applicant shall pay a fee. The fee as required herein is to be established in accordance with the requirements of the Fee Schedule Section 1703.04(g).

(2) Designation Term

Each designation shall be issued for the calendar year during which it is issued and the full fee shall be payable irrespective of the date of issue.

(3) Transferability

Designations are not transferable.

(4) Suspension or Revocation of Designation

The Director of Community and Economic Development may, by written notice, suspend or revoke any designation issued by him after a hearing on notice before the Electricians Examining Board and, upon good cause shown, including but not limited to the following: permitting unauthorized or fraudulent use of the designation by another, failure to file application for permits, performing work which fails to meet the Electrical Code and other applicable codes, fraudulent dealing, or misrepresentation.

(5) False Statements

Any person who, with intent to defraud or deceive, knowingly makes, causes, procures to be made, or aids and assists in the making of a false statement in an application for a designation, or the renewal of a designation, in an application for a permit or certificate of inspection and approval, in any application provided for in this title, in any proof or instrument in writing in connection therewith, or who shall in any application, hereunder, deceive or substitute, shall be in violation of this article.

(e) Permits

Permits shall be required for all permanent installation of telecommunication equipment, except in one (1) and two (2) family dwellings. Permits shall only be issued to designated companies or homeowners.

(f) Non-Permitted Work

No person, partnership or corporation shall cause any such work to be done by non-designated companies.

(Ord. 4147 – Passed 10/1/02; Ord. 4256 – Passed 6/15/04)

Editor’s Note: The correct reference to Section 1703.04(g) was made in Sections 1703.04(b), 1703.04(f), and 1703.14(d)(1) instead of the previously incorrect reference to Fee Schedule 104 (7).

NOTE: Article 1703, National Electrical Code (1996), of the Codified Ordinances, was deleted in its entirety and replaced with this new Article 1703, Requirements and Qualifications to Obtain Licensing to Perform Electrical Work Within the City of Bethlehem.

ARTICLE 1703

ICC Electrical Code

1703.01 Adoption.
1703.02 Additions and Modifications; Fees; Penalties (1003.1).

CROSS REFERENCES

Adoption by reference - See 3rd Class Charter Law §608(a)
[53 P.S. §41608(a)]; 3rd Class §2403(67) [53 P.S. §37403(67)]
Swimming pool wiring - See BLDG. Art. 1711
Electrical system - See BLDG. Art. 1733

NOTE: This Article was deleted in its entirety and incorporated in new Article 1701, Pennsylvania Uniform Construction Code.
(Ord. 4254 – Passed 6/15/04)

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