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HomeMy WebLinkAboutOrdinance 322 (Safeguarding Life and Property)CHARTER ORDINANCE NO. C32-2 AN ORDINAI10E PROVIDING FOR THE SAFEGUARDING OF LIFE AND PROPERTY BY PROHIBITING THE SALE, REI,; TAL OR DISPOSAL OF SUB -STANDARD AI,?D UNSAFE ELECTRICAL MATERIALS, DEVICES AND APPLIANCES; PROVIDING FOR TIIE APPROVAL OF ELECTRICAL I'VIATERIALS, DEVICES AND APPLIANCES '.THEN FOUND TO BE IN CONFOR11ITY 711ITH THE SAFETY i:IEASURES AND PROVISIONS OF THIS ORDINANCE; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL OTHER ORDINAP.*CES AND PARTS OF ORDINANCES III CONFLICT 1ITH THIS ORDINANCE. The City Council of The City of San .Rafael does ordain, as follot,Is : Section 1. Scope: From and after tine effective date of this ordi- nance, no person, firm or corporation shall sell, offer for sale, loan, rent, dispose of by rift or premium, give or otherwise furnish, pro- vide or mare available for use any electrical material, device or appliance, designed or intended for attachment, directly or indirectly to any electri•ca1 system, circuit or electrical service for light, heat or power in the City of San Rafael unless such electrical material, device or appliance complies with the provisions of this ordinance. Section 2. Rating: All electrical materials, devices and appli- ances 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 Sec- tion 3 hereof. Each such article shall bear or contain the maker's name, trademark or identification symbol, together with such rating by the manufacturer as may be necessary to determine the intended use. The correct operating voltage, amperage and total ,atts shall be stated and no person, firm or corporation shall remove, alter, deface or obliterate any such marking. Section 3. ApDro.yals: (a) All electrical materials, devices and appliances covered by and intended to be regulated by this ordinance shall conform with the latest published national safety standards for such materials, devices, and appliances on file in the office of the United States Bureau of Standards, MARTINELLI & GARDINER ' ATTORNEYS AT LAW 418 ALBERT BIIILDIND BAN RAMEL. CALIF. -1- provided copies of such standards are on file in the office of the Chief Electrical Inspector of said City and open to'inspection by the public. (b) Listing or labeling by the Underwriters Labora- tories, Inc. or other recognized testing laboratory 1Ilrhose standards are on file r7ith the United States Bureau of Standards, as required in Section 3-(a) hereof shall be prima facie evidence of conformity vrith these required standards. (c) :'There no such standards exist for any material, device or appliance, the Chief Electrical Inspector may designate a standard for each such article submitted, which shall specify the tests necessary to provide the degree of safety to life and property as is generally re- quired by the national standards for approved materials, devices or appliances of similar or related character or nature. Section 4. Revocation: Any approval granted by the Chief Elec- trical Inspector may be revoked by hire for proper cause, and any such approval granted shall be revoked if the electrical material, device or appliance is found to be hazardous, unsuitable for the purpose used or intended, or does not conform with the standards under which it was approved for use. MARTINELLI & GARDINER ATTORNEYS AT LAW 418 ALSERT BIIILDIND BAN RAFAEL, CALIF. Section Exceptions: (a) The provisions of this ordinance shall not be deemed to apply to safe, substantial used or second-hand devices or appliances, provided that all parts or equipment used in rebuilding or reconstruction shall conform in all par- tifulars with the national standards for such article; and provided further that such articles when offered for sale, shall have the same degree of safety to life and prop- erty as may then be required in a new article of the same type. (b) The provisions of this ordinance shall not be deemed to apply to electrical materials, devices and appliances which are safe and suitable for the purpose used or intended, provided such materials, devices and appliances are already fully covered and regulated by existing laws and ordinances now in effect. (c) The provisions of this ordinance shall not be deemed to apply to vehicles or motor vehicle equipment. (d) The provisions of this ordinance shall not be deemed to apply to electrical materia.ls, devices or appliances designed or intended for attachment directly or indirectly to any electrical system, circuit or electrical service for light, heat or povier operating at a primary voltage of not more than 25 volts or consuming more than 50 watts. -2- , S (e) The provisions of this ordinance shall not be deemed to apply to those industrial or commercial appli- ances which are to be used in a specific location, and which have been submitted to a recognized laboratory for approval as conforming to the standards required under Section 3-(a) hereof but on vihich final approval is still pending;; provided, ho?°,lever, t?,at such exemption from the provisions of this ordinance shall be granted separately for'each such device or appliance by the Chief Electrical Inspector only when satisfactory written evidence has been filed vlrith him that laboratory approval has been applied for, and shall continue in force only during si.).ch time as the Chief Electrical Inspector has reason to believe that the testing laboratory will grant final approval certify- ing compliance to the prescribed standards. (f) The provisions of this ordinance shall not be deemed to apply to Eeneratinfl, transforming or cor_verting; devices or appliances nor to any device or appliance for measuring or recording current volta.e or poi,:ler. Section 6. Enforcement: The Chief 111ectrical Inspector is hereby directed to enforce the provisions of this ordinance. The Chief Electrical Inspector shall interpret and determine the meaning and intent of the provisions of this ordinance. The Chief Electrical Inspector may delegate any of his powers under this ordinance to any of his assistant. Section Z. Liability for Damages: This ordinance shall not be c7onstrued to relieve from or to lessen the responsibility or liability of any party owning, operating, controlling or installing any elec- trical materials, devices, appliances or equipment for damages to per- sons or property caused by any defect therein, nor shall the City be held as assuming any such liability by reason of the approval of any material, device, appliance or equipment authorized herein. Section 8. Penalty: Any person, firm or corporation, or any partner,officer, agent or employee thereof, violating any of the pro- visions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or not more _than three hundred dollars ($300.00), or by imprisonment in the city jail of said City or in the county jail of Turin County, as the committing magistrate may direct, for a period of not more than ninety (90) days, or by both MARTINELLI & GARDINER ATTORNEYS AT LAW 418 ALBERT BUILDING BAN RAFAEL, CALIF. -3- N such fine and imprisonment, in the discretion of -the Court. Section. Validity: If any section, sub -section, sentence, clause or phrase of this ordinance is for any reason held to be un- constitutional, such decision shall not affect the validity of the remaining portions of this ordinance, The City Council of the City of :pan Rafael hereby declares that it would have passed this ordi- nance and each section, sub -section, sentence, clause,or phrase thereof, irrespective of the fact that any one or --Wore sections, sub -sections, sentences, clauses or phrases be declared unconstitu- tional. Section 10. ReLeal of Conflictin Ordinances: All ordinances or parts of ordinances conflicting vith the provisions of this ordi- nance are hereby repealed. Section 11. This ordinance shall be published once in full before its final passage in The T-Larin Journal, a wee'_ly newspaper of general circulation, printed, published and circulated in said City and shall be in full force and effect thirty (30) days from and after its final passage. 7 he t losa arll± rsg�:irg Ci>211er Grdirtnce Pio.3�x was read and introduced z a . _ _Wr; ,� .......ci,riai; of the Giiy f'I,tr;.•;i of tr;e Gity of Sbn Waal, hod on!�-�No� the_ __day of._..__. 195R3end ordered Passed to it - - �- t Pr t e follo�� t AYES: CGiJP!I;ILWiJ NOES: M'XIClL1MU-1 > -... - - -- - - - I v and will come up for adopt•on as an ordinance of the of - - .,�t a . � __ a.�% - V meeting rf _..._ the Council to be held on_________y_( the___.___ ay of.___ -___, 19�F �_ CITY CLERK MARTINELLI & GARDINER ATTORNEYS AT LAW 41B ALUERT BUILDIND BAN RAFAELI CALIF.