ARTICLE I. IN GENERAL
12-1 Code adopted.
(a) For the purpose of establishing uniform rules and regulations for electrical wiring and apparatus, the city hereby adopts that code known as the National Electric Code, as currently adopted by the State of Vermont. There is also adopted those codes known as the National Electrical Safety Code, as currently adopted by the State of Vermont, the Lightning Protection Code, as currently adopted by the State of Vermont, and the Residential Safety Code, as currently adopted by the State of Vermont. The city also adopts the set of rules known as The Vermont Electrical Safety Rules as currently adopted and amended from time to time hereafter. The same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling in the construction or alteration or repair of all buildings and structures within the corporate limits of the city.
(b) In the event there is a conflict between the provisions of the code adopted by reference within this section and the other provisions of this Code or ordinances of the city, the other provisions of this Code or ordinances of the city shall prevail.
(Ord. of 3-10-86; Ord. of 3-7-88; Ord. of 1-11-93; Ord. of 11-8-93; Ord. of 5-20-96; Ord. of 10-27-03, eff. 11-26-03; Ord. of 12-01-03. eff. 12-31-03; Ord. of 12-11-06, eff. 1-10-07)
Cross reference—Building code adopted, § 8-2; BOCA Basic Fire Code adopted, § 13-1; gas codes adopted, §§ 15-1, 15-2; minimum standards for housing, § 18-70 et seq.
State law reference—Authority of municipality to adopt codes by reference, 24 V.S.A. § 101(c).
12-2 Regulations for operation of department.
(a) Authority to adopt regulations. The electric light commissioners are hereby empowered to make such rules and regulations as in their judgment may be necessary for the satisfactory operation of the municipal electric department, which rules and regulations shall become effective upon approval by the city council.
(b) Liens for unpaid bills:
(1) Definitions:
a. Delinquency is defined as the failure of the ratepayer to tender payment for a valid bill or charge within thirty (30) days of the postmark date of that bill or charge or by a "due date" at least thirty (30) days after mailing, which shall be printed on the bill and which shall control in the absence of a postmark.
b. Ratepayer is defined as the person or persons deemed to be the actual user of electric service as reflected in the records of the Burlington Electric Department.
(2) Bills for electric service shall become due when rendered.
(3) All owners of real estate property, whether residing within or without the City of Burlington, to which electric service is supplied are liable to the City of Burlington for the charges for providing such electric service.
(4) Charges for electric service shall be a lien upon the real estate pursuant to 32 V.S.A., Section 5061 and Section 114 of the Burlington City Charter, so long as the lien is recorded with the Burlington City Clerk.
(5) Notwithstanding the provisions of subparagraphs (3) and (4) above, the lien shall not be enforceable against the owner of the real estate property if the owner does not occupy said real estate property and/or does not otherwise have an account for electrical service to that property. In that event, the sole remedy for delinquencies shall be against the ratepayer and the ratepayer shall be liable for charges for electric service attributable to the ratepayer.
(6) In the event that the owner is but one of several ratepayers occupying said real estate property, the lien shall be enforceable only to the extent of the electric charges actually attributable to the owner.
(Rev. Ords. 1962, § 401; Ord. of 10-9-90; Ord. of 10-27-03, eff. 11-26-03)
12-3 Reservation of space on poles for signaling systems.
On every pole erected in any public street or on city property for sustaining wires for any purpose, the zone below the wires of all electric distribution systems and above the wires and cables of telephone and telegraph companies is hereby and shall be reserved to the city for the installation of all municipal signaling systems.
(Rev. Ords. 1962, § 834; Ord. of 10-27-03, eff. 11-26-03)
12-4 Combustible wiring methods within the inner fire district.
Within the inner fire district as defined in Sec 8-9, buildings or structures shall be wired using non-combustible wiring methods only, with the following exceptions:
(1) A building of type 5A, 5B or of type 3B construction occupied exclusively as a private garage or, not more than one story in height, nor more that seven hundred fifty (750) square feet in area, located on the same lot with a dwelling and at least five (5) feet of distance from any lot line of adjoining property.
(2) A building of type 5a or 5b construction used exclusively as a single dwelling unit, no more than two (2) stories or forty (40) feet in height and separated by at least five (5) feet from the lot line of adjoining property where the fire hazard is not increased thereby;
(3) Greenhouses not more than fifteen (15) feet in height nor more than five hundred (500) square feet in area and at least five (5) feet distant from any lot line of adjoining property;
(4) Sheds, open on the long side, not more than fifteen (15) feet in height nor more that five hundred (500) square feet in area and at least five (5) feet distant from any lot line of adjoining property;
(5) Builders’ temporary field offices, not more than one story in height, for use only in connection with a duly authorized building operation and located on the same lot with such building operation, on a lot immediately adjoining, on an upper floor of the building under construction or on a sidewalk shed.
(Ord. of 12-11-06, eff. 1-10-07)
12-5 Electrical inspector—Duties.
It shall be the duty of the electrical inspector to:
(a) See that provisions of this chapter are enforced, including the enforcement of the Codes adopted by this chapter;
(b) Grant permits upon application by a licensed master electrician licensed agent thereof, or owner under section 12-60 for the installation or alteration of electrical wiring and equipment on, over or under a street, way or building, or within any building, within the city limits;
(c) Insure that all electrical work is performed in accordance with the rules and regulations of the National Electrical Code and other regulations included in this chapter;
(d) Other related duties as the director of permitting and inspections from time to time directs.
(Rev. Ords. 1962, § 822; Ord. of 3-10-86; Ord. of 10-27-03, eff. 11-26-03; Ord. of 7-18-22)
12-6 Inspector authorized to enter premises for inspections.
The electrical inspector shall have the right, during reasonable hours, to enter any building in the discharge of their duties, or for the purpose of making any inspection, reinspection or test of the installation of electric wires and equipment contained therein and shall have the authority to cut or disconnect any wiring in cases of emergency where necessary for safety to life or property.
(Rev. Ords. 1962, § 823; Ord. of 10-27-03, eff. 11-26-03; Ord. of 7-18-22)
12-7 Discontinuance of service authorized.
The electrical inspector is hereby empowered to order the discontinuance of electrical service to any electric wiring and equipment found to be dangerous to life or property until such wiring or equipment has been made safe.
(Rev. Ords. 1962, § 823; Ord. of 10-27-03, eff. 11-26-03)
12-8 Inspector to keep records of department.
The electrical inspector shall keep an accurate record of all proceedings in their department and report the same to the director of permitting and inspections.
(Rev. Ords. 1962, § 821; Ord. of 3-10-86; Ord. of 10-27-03, eff. 11-26-03; Ord. of 7-18-22)
12-9 Appeals.
(a) If any person feels aggrieved by an order of the electrical inspector made in accordance with the provisions of this chapter they or their contractor may appeal by way of a petition in writing to the director of permitting and inspections setting forth their reasons.
(b) The director of permitting and inspections may affirm such order of the inspector or may modify the same, but such modification shall fall within the express or necessarily implied provisions of this chapter relating to such subject matter so considered.
(c) A person aggrieved by the decision of the director of permitting and inspections may request that this appeal be heard by the public works commission. In such case the director of permitting and inspections shall forward the appeal to the commission chairperson for review under the authority of Section 8-8.
(Rev. Ords. 1962, § 835; Ord. of 3-10-86; Ord. of 1-11-93; Ord. of 10-27-03, eff. 11-26-03; Ord. of 7-18-22)
12-10 Liability for damages.
Nothing in this chapter shall be construed to relieve from or lessen the responsibility or liability of any person owning, operating, controlling or installing any wiring, devices, appliances or equipment for damages to person or property caused by any defect therein nor shall the city or the electric inspector be held as assuming any such liability by reason of the inspection authorized herein or the issuance of a certificate of approval.
(Rev. Ords. 1962, (833); Ord. of 10-27-03, eff. 11-26-03)