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Copyright © 1993: City of St. John's,
St. John's, Newfoundland, Canada
Important Information
(Includes disclaimer and copyright information and details about the availability of printed and electronic versions of the By-Laws.) |
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Pursuant to the powers vested in it under Section 170 of The City of St. John's Act, RSNL. 1990 c. C-17, and all other powers it enabling, the St. John's Municipal Council in regular session convened on the 22nd day of November, A.D., 1993, hereby passes and enacts the following By-Law relating to electrical wiring and installations and use of electrical energy and relating to the licensing and regulating of Journeyman Electricians and Electrical Contractors engaged in electrical work in the City of St. John's.
BY-LAW
1. This By-Law may be cited as "The St. John's Electrical By-Law".
Definitions
2. In this By-Law unless the context otherwise requires
(a) "Apprentice" shall mean any person other than a Licensed Journeyman Electrician engaged at electrical work as helper or assistant for the purpose of learning the trade of Electrician and who is registered as an apprentice in the electrical trade with the Apprenticeship Board of the Province of Newfoundland.
(b) "The City of St. John's" or "City" shall mean The City of St. John's as defined by The City of St. John's Act.
(c) "Council" shall mean the St. John's Municipal Council as defined by The City of St. John's Act.
(c.1) “Director” shall mean the Director of Building and Property Management or his designate;” and (Amended 2011/09/12/; #1549)
(d) "Electrical Contractor" shall mean and include any person, firm or company who or which is engaged in or carries on any electrical work as defined under this By-Law.
(e) "Electrical Work" shall mean and include the work of placing, connecting, installing, maintaining, repairing, replacing or inspecting in or on any land or building, any conduit of any description designed for the purpose of enclosing or carrying an electrical conductor for light, heat or power purpose upon which is or is to be impressed any electromotive force in excess of thirty volts between any two conductors and ground independent of characteristics of the current; or of placing, connecting, installing, maintaining, repairing, replacing or inspecting in or on any land or building any conductor, switch, attachment, fitting or any element whatsoever of any equipment designed for the purpose of supplying electrical power or energy in excess of thirty volts.
(f) "Electrical Installations" shall mean any wiring, fixture, attachment apparatus or equipment for the purpose of transmitting or using electrical energy.
(g) "Inspector" shall mean any person designated by the council to administer and enforce this By-Law. (Amended 09/12/2011; #1549)
(h) "Journeyman Electrician" shall mean any person who is the holder of an unexpired Journeyman Electrician's License issued to him under this By-Law.
(i) "Journeyman Electrician with Inter-Provincial Qualification" shall mean any person to whom a Certificate of Qualification bearing an Inter-Provincial seal has been issued by the Province of Newfoundland and Labrador, and a Journeyman License has been issued pursuant to and in accordance with Section 27(i) of this By-Law.
Application
3. This By-Law shall apply within the City of St. John's.
4. All electrical work and all electrical installations shall be done and made in all respect in accordance with the provisions of this By-Law.
Permit
5. (1) It shall be unlawful to do or make or cause to be done or made any electrical work or electrical installation unless a permit for such work or installation has been issued by the Inspector under the provisions of this By-Law.
(2) Notwithstanding the provisions of subsection (1), a fully qualified electrician, in accordance with the provisions of this By-Law, may obtain a permit at the applicable rate to wire his/her personal residence without having to first obtain an Electrical Contractor's License, provided that such a permit shall not be issued more than once in a five year period. (Amended 1997/04/22; #1383)
6. Except as provided in section 5(2), a permit for electrical work or installation shall not be issued by the Inspector to anyone other than an Electrical Contractor holding a valid and existing license as such issued to him under this By-Law.
(Amended 1997/04/22; #1383)
7. (1) With respect to an electrical permit issued under this By-Law, it shall be the responsibility of the person to whom the permit was issued to ensure the electrical work done is done or made in compliance with this By-Law and all other rules and regulations applicable herein; (Amended 2007/05/14; #1500)
(2) Electrical contractors, or any other holder of an electrical permit issued under this By-Law, shall be responsible for requesting all inspections required under this By-Law and obtaining a final electrical certificate from the inspector at the conclusion of the electrical work for which the electrical permit was issued; (Amended 2007/05/14; #1500)
(3) An electrical permit issued shall not be transferable; and (Amended 2007/05/14; #1500)
(4) The electrician actually performing the work shall be in the employ of the person to whom the permit was issued. (Amended 2007/05/14; #1500)
Application for Permit
8. Before commencing any electrical work or installations, a person shall file with the Inspector an application for a permit for such work or installation and such application shall describe and specify in detail, with plans if required by the Inspector, the work or installation proposed to be done or made, the materials and apparatus to be used, and the cost of the labour, materials and apparatus to be used, and shall furnish the street address and number of the building, structure or place in or upon which such installation is to be done or made and the name of the owner or occupancy for whom such work or installation is to be performed.
(Amended 2007/12/10; #1513)
Issue of Permit
9. The application and plans and specifications filed by the application for a permit shall be examined by the Inspector and, if it appears to him upon examination thereof and upon inspection of the building, structure or place where or upon which the electrical work or installation is to be done or made, that the application and the plans and specifications conform to the requirements of this By-Law and all other laws, rules or regulations applicable thereto, the Inspector shall issue a permit upon payment by the applicant of all applicable fees as set by Council.
(Amended 2002/11/04; #1458 and 2007/12/10; #1513)
10. If the applicant for a permit shall have committed a breach of any provision of this By-Law in respect of any electrical work or installation and such breach continues up to the date of the application for such permit after notice from the Inspector to remedy the same, the Inspector may refuse such application until such breach shall have been remedied by the applicant.
Posting of Permit
11. Every electrical contractor doing work under a permit issued under this By-Law shall at the commencement of the work post the permit in a conspicuous position outside of and on the front of the building, structure or place where such work is being performed and shall keep the permit so posted during the continuance of the work.
Emergency Repairs
12. Emergency repairs to electric lights, or apparatus may be effected or additional lights, not exceeding three, may be installed without a permit but a permit must be obtained from the Inspector within forty-eight hours excluding statutory holidays and weekends from the time when such repairs were effected or installations made.
Standards
13. The Canadian Electrical Code, 2024, any Supplements to the Canadian Electrical Code, 2024 and the Administrative Requirements for use with the Canadian Electrical Code, 2024, are hereby declared to be, and shall be taken as part and parcel of this By-Law from the date of passing of this By-Law as if same were repeated herein in full. Provided that if any section or part thereof of the said Code and Supplements shall conflict with any other section of this By-Law, then the provisions of the said Code and Supplements shall prevail.
(Amended 2015/08/10; #1579); (Amended 2018/05/14; #1614) Amended 2022/02/07; #1645; Amended 2024/07/09; #1666)
Covering before Inspection
14. (1) Any person desiring to cover or obstruct access to any electrical work or
installation with material or construction of any kind shall notify the Inspector and apply for an inspection and certificate. (Amended 2009/01/26; #1522)
(2) No person shall cover or obstruct access to any electrical work or installation which has not been inspected and approved by the Inspector.
(Amended 2009/01/26; #1522)
14.1 (1) Requests for inspections made under this By-Law shall be made at least two City of St. John’s working days prior to the day required.
(Amended 2006/02/20; #1487)
(2) A fee of One Hundred Dollars ($100.00) may be imposed upon the Electrical Contractor and/or the property owner if the Inspector is required to re-inspect an installation because the installation was not completed properly or previously noted deficiencies were not corrected.
(Amended 2006/02/20; #1487)
Cancellation of Permit
15. All electrical work and installations performed pursuant to a permit issued under this By-Law shall conform to and comply with all the provisions of this By-Law and the Inspector shall have the power to cancel forthwith by notice in writing any permit issued by him where the work or installation is not being performed in accordance with this By-Law.
Certificate of Inspection
16. (1) The Inspector may inspect every electrical work or installation during the course of the work and after completion, and if such work or installation has been performed in accordance with all the requirements of this By-Law and the provisions of all other laws, rules and regulations applicable thereto, the Inspector shall issue, upon payment of the applicable fee, a certificate of inspection certifying compliance with this By-Law and authorizing the supply of electrical energy.
(2) Notwithstanding subsection (1), the Deputy City Manager or designate may, where they consider it necessary or expedient, accept certification from a licensed electrical contractor, or an electrical engineer that the work has been performed in accordance with all the requirements of this By-Law and the provisions of all other laws, rules and regulations applicable thereto. Upon receipt of such certification, in a form acceptable to the Deputy City Manager or designate, the Deputy City Manager or designate shall authorize the supply of electrical energy.”
(Amended 2011/ 09/12; #1549; Amended 2024/07/09; #1666)
17. It is unlawful to connect any electrical work or installation to any electric service line or other source of electrical energy until the work or installation has been duly inspected and a certificate of inspection issued by the Inspector; provided that the Inspector may issue a temporary permit for the supply or use of electrical energy during the course of construction or alteration of any building which permit shall expire when the electrical work or installation has been fully completed.
Preliminary Certificate
18. A preliminary certificate may be issued by the Inspector in the case of completed installation upon which no current will be used in the immediate future and such preliminary certificate shall show that at the date of inspection such installation was made in accordance with the terms of this By-Law; provided however that, before the introduction of the electric current into the said premises or the connection of such installation with any source of electrical energy, a second inspection shall be made, and if the said installation is still in accordance with the terms of this By-Law and after payment of the applicable fees, a complete and final certificate shall be issued. (Amended 2002/11/04; #1458)
Interference with Installations
19. No person shall alter, cut, damage or interfere with any electrical installation which has been inspected and accepted by the Inspector, nor shall any person bring any pipe or any metal work into contact with any electric wires or leave the same in contact therewith.
Defective Installation
20. (1) It shall not be lawful to have any defective or hazardous electrical work or defective or hazardous electrical installation in any building in the City of St. John's.
(2) All electrical work in all buildings in the City of St. John's shall conform at all times to the provisions of the St. John's Electrical By-Law.
(3) The Inspector shall have power to inspect any electrical work or installation heretofore or hereafter done or made, and, if such work or installation or any part thereof is found to be defective, the Inspector may condemn the use thereof in the whole or in part or give the owner and the person using the same a limited time in which to replace, alter or repair the said work or installation.
(4) If the use of any work or installation which is condemned is not discontinued forthwith or if the defective work or installation or part thereof is not replaced, altered or repaired within the time limited by the Inspector, the Inspector shall by written notice require the person supplying the electrical energy to such work or installation to discontinue the supply forthwith. The supplier shall comply immediately with the requirements of the Inspector and shall not restore the supply of electrical energy until receipt of notice from the Inspector that the work or installation has been replaced, altered or repaired to the satisfaction of the Inspector.
Discontinuance of Supply of Energy
21. If any electrical work or installation is done or made in contravention of this By-Law, or if there is any violation of the provisions of this By-Law, the Inspector may, in addition to all other penalties provided by this By-Law, by written order require the supplier of electrical energy to the building, structure or place in respect of which such contravention or violation has occurred, to discontinue the supply of energy and such supplier shall comply immediately with the order of the Inspector.
Change of Source of Supply
22. The electric wires or lines supplying electric energy to any building or premises shall not be changed from one source of supply of electric energy to another source of electric energy without the written permission of the Inspector.
Change of Use or Occupancy
23. (1) In every case of change of use, occupancy or tenancy on any premises containing any electrical installation, the incoming tenant may forthwith apply to the Inspector for a permit to use such installation and pay the applicable fee and cost of inspection. (Amended 2002/11/04; #1458)
(2) The Inspector shall as soon as practicable after receipt of such application cause an inspection to be made of such electrical installation, wiring, fixtures and appliances covered by such application and shall, unless he finds any defect or defects therein rendering the installation or any part thereof unsafe for use, issue a permit to the applicant to make use of the same.
(3) If, upon inspection, the Inspector finds such installation or any part thereof defective, in any way, the powers vested in the Inspector under Section 20 of this By-Law may be exercised by him.
(4) No fee or charge shall be made for any inspection or permit made or issued under this Section where the complete installation was previously inspected and passed by the Inspector.
24. Repealed November 4, 2002 - Amendment No. 1458.
Appeals
25. Where there is to be an appeal from the Inspector's decision with respect to the issuance or revocation of a license or permit, such appeal may be made to the Council.
26. (1) No person other than a Journeyman Electrician who has been issued and currently possesses a Journeyman Electrician's License, shall do or perform or be employed in any electrical work or electrical installations in the City;
(2) Notwithstanding subsection 1 hereof an Apprentice may do or perform any electrical work or electrical installation in the City under the supervision and direction of a Journeyman Electrician who is present at all times and who is taking an active part in the performance of such work; under no circumstances shall an Apprentice be placed in charge of the performance of any electrical work or electrical installation.
27. (1) A Journeyman Electrician's License shall not be issued to any person until he has obtained and produced to the Council a Certificate of the Apprenticeship Board of the Province of Newfoundland granting him a Journeyman status in the electrical trade pursuant to The Apprenticeship Act.
(2) This section shall not apply to any person licensed by the Council as a Journeyman Electrician at any time prior to the enactment of this By-Law.
28. No person, firm or company, shall be engaged in or carry on the business of Electrical Contractor, unless such person, firm or company is the holder of an Electrical Contractor's License duly issued by him or it under this By-Law.
29. (1)(i) An Electrical Contractor’s License shall not be issued to any person, firm or company unless he or it has in his or its employ, as manager of his or its electrical contracting department, a Journeyman Electrician with Inter-Provincial Qualification with at least two (2) years experience as a Journeyman Electrician, and in such case all electrical work shall be done by or under the superintendence and direction of such Journeyman Electrician who shall ensure that the said work is carried out in accordance with these regulations and all other applicable laws, rules and regulations;
(ii) Notwithstanding section 29(1)(i) an Electrical Contractor’s License may be issued to a person, firm or company if the applicant has in its permanent employ a person who is the holder of an unexpired Journeyman Certificate with Inter-Provincial Qualification issued from the Province of Newfoundland and Labrador, is qualified to be issued a Journeyman License under this By-Law and such person has acquired at least two (2) years experience licensed under this By-Law; or such a person can provide a sworn affidavit to confirm he or she has at least two (2) years experience as a Journeyman Electrician; and
(iii) Notwithstanding sections 29(1)(i) and (ii) an Electrical Contractor’s License may be issued to a Registered Electrical Contractor as defined in section 2(9) of the Electrical Regulations made under the Occupational Health and Safety Act, (Newfoundland Regulation 117/94). (Amended 1998/05/19; #1406)
(2) Electrical Contractors licensed by the City of St. John’s under section 29(1)(iii) are subject to those restrictions as provided in the Electrical Regulations made under the Occupational Health and Safety Act (Newfoundland Regulation 117/94). (Amended 1998/05/19; #1406)
(3) An Electrical Contractor licensed by the City of St. John’s under section 29(1)(iii) shall notify the Supervisor of Electrical Inspections within 5 days of any change in the status or conditions of his Provincial license. (Amended 1998/05/19; #1406)
30. Notwithstanding any provision of this By-Law, a Master Electrician licensed by the Council prior to the enactment of this By-Law shall be treated for all purposes as a Journeyman Electrician with Inter-Provincial Qualification.
31. The Council may issue to any person a special license authorizing the installation, repairing, renewing and adjusting by such person of electrical attachments and equipment for oil burning furnaces, elevators, or for electrical signage (provided that such license shall not extend to or permit any electrical work in connection with the main electrical circuit to which any oil burning furnaces, elevators or electrical signage are intended to be connected) notwithstanding that such person may not be qualified or entitled to receive a license as a Journeyman Electrician under this By-Law. No such special license shall be issued by the Council until it is satisfied that the applicant therefore is, or has in its employ, a person who is, by training and experience fully qualified in the opinion of the Inspector to property perform the special electrical work required in connection with such installations and equipment.
(Amended 1995/11/14; #1361 & 2002/11/04; #1458)
32. The Council may issue to any applicant any of the following licenses provided the applicant therefore has complied with all the provisions of this By-Law and the Land Use Zoning and Subdivision Regulations.
(a) A Journeyman Electrician License, in respect of which an annual fee shall be established by and payable to the Council; and
(b) An Electrical Contractor's License, in respect of which an annual fee shall be established by and payable to the Council. (Amended 1998/02/02; #1396)
33. All licenses issued under this By-Law shall be for a period of 12 months from the date of issue and are not transferrable. (Amended 2008/07/28; #1518)
34. Any Electrical Contractor carrying on electrical work shall cause both the location and the mailing address of his or its place of business to be registered in the office of the Inspector and shall notify the Inspector in writing of any change in the location of such place of business. The license of the Journeyman Electrician with Inter-Provincial Qualification owning or managing such business, as the case may be, shall be displayed in a conspicuous position at the registered place of business. (Amended 1995/07/24; #1354)
35. Any license issued under this By-Law may be revoked at any time by the Inspector for incompetency, dereliction of duty, or fraudulent use of such license or for refusing or neglecting or failing to comply with any of the provisions of this By-Law.
35.1 Notwithstanding any other provision of this By-Law any person who owes outstanding fines to the City of St. John’s for a by-law or regulatory violation for which he has been convicted shall not be entitled to a license or permit issued pursuant to this By-Law until such time as all such outstanding fines have been paid and proof of payment, in a form acceptable to the Inspector, has been provided to the Inspector. (Amended 2008/04/07; #1515)
36. This By-Law shall not apply to:
(a) Any electrical work or installation done or located within any power house, sub-station or other place wherein electric power is generated or distributed by a public utility corporation or by a municipal department where such work or installation is done or made by employees of such corporation or department under the direction of its officers, provided that this exemption shall not extend to any building, structure or place to which any person other than the employees of such corporation or municipal department has access on business.
(b) Electrical work on motors or on railway cars or locomotives, the property of any public service corporation or Municipal Department, where such work is performed by employees under the direction of any officer of such public service corporation or Municipal Department.
(c) The insertion of lamps in sockets or receptacles or replacement of such lamps; the lawful connection of utilization equipment by means of attachment plugs or the use or operation of the same or the lawful replacement of fuse controlling circuits or equipment.
(d) The erection, installation or maintenance of works and apparatus for telephone purposes.
37. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act.
(Amended 2007/11/05; #1508)
38. (1) The St. John's Electrical By-Law passed by Council on the 21st day of December, A.D., 1977 and all amendments thereto, are repealed.
(2) Notwithstanding s. 41(1), all permits and licenses in effect at the date of passage of this By-Law and all notices outstanding shall be continued as though issued under this By-Law. |
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