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HomeMy WebLinkAboutOrd 0268AN ORDINANCE REGULATING THE SALE OF ELECTR AL I ATERIAL. AN ORDIPsANCE for safeguarding life and property by prohi:.iting the sale at retail and the disposal of by gift or as premiums, and the loaning or renting out for use of certain electrical materials, devices, appliances and equipment unless approved for retail sale, installation and use; providing for the approval of such electrical materials, devices, appliances and equipment if the same are found to be in conformity with the law and with approved methods of construction for safety to life and property; providing that the maker's name, trademark or other identification symbol shall be placed thereon, together with appropriate ratings, necessary to determine the use for which inten- ded, and that same shall not be removed, altered, changed or defaced; providing penalties for the violation of this ordinance and repealing all ordinances and parts of ordinances in conflict with the provisions of this ordinance. follow s : -O-O-O-O-O- The City Council of the City of Burlingame ordains as Section 1. Definition. The term "sale at retail," wherever usea in this ordinance, shall mean any sale direct to the ultimate user or consumer, irrespective of whether the sale is made at a wholesale or retail place of business and irrespective of whether the principal Business of the seller is selling at wholesale or at retail. Section 2. Scope. The provision;; of this ordinance shall apply to the following electrical materials, devices, appliances and equipment: (a) All electrical materials, devices and equipment which are intended to be used in buildings as electrical conduc- tors or which may be necessary to make an electric wiring installation in a builaing in conformity with the ordinances in force in the City of Burlingame but not including any generating, transforming or converti.ig device, except a.. hereinafter specified nor any device for measuring or recording current_, voltage or power. (b) All liE;hting fixtures and portable lightinIz equip- ment intended for use in buildings. (c) All incandescent, arc, vapor and gas -tube lamps. (d) All transformers operating at 100 volts or more between any tiwo conductors and having a rated capacity not exceed- ing 150 watts. -1- (e) All electrically operated toys. (f) All radio receiving sets. (g) All electrically heated cooking equipment intended for domestic use, and all ether electrically heated appliances in individual capacities not exceeding 10,000 watts. (h) All other electrical appliances and eruipment in- tended for domestic use. (i) All electrically illuminated signs. (j) All portable motion picture projectors. Section 3. ADuroval Required. Every person, firm or corporation, before selling, offering for sale or exposinZ for sale at retail, or disposing of by gift, as premiums or in any similar nanner, any electrical material, device, appliance or equipment specified in Section 2, shall first determine if such electrical material, device, appliance or equipment complies with the provisions of this ordinance and is approved for retail sale, installation and use in the City of Burlingame; and it shall be unlawful for any person, firm, or corporation, or any partner, officer, agent or employee thereof, to sell, offer for sale, or expose for sale, at retail, or to dispose of by gift, as a premium or in any similar manner, any such electrical material, device or equipment which is not approved for retail sale, installation and use in the City of Burlingame or which does not comply with all other provisions of this ordinance. Section 4. Nameplate Markiiks. All electrical mater- ials, devices, appliances and equipment specified in Section 2 which are sold, offered for sale or exposed for sale at retail or disposed of by gift, as premiums or in any similar manner shall have the maker's name, trademark or other identification symbol placed thereon, together with such other markings giving voltage, current, wattage, or other appropriate ratings as may be necessary to determine the character of the material, device, appliance or equipment and the use for which it is intended; and it shall be unlawful for any person, firm or corporation to remove, alter, -2- change or deface the maker's name, trade -mark or other identifi- cation symbol, or any of the necessary ratin7 markings rectrired by this ordinance. Section 5. Approval by Electrical Inspector. The Electrical Inspector of the Cit of Burlingame is hereby authori- zed and empovie3�eu to enforce all of the provisions of this ordinance, and shall approve for retail sale, install=tiorn and use in the City of Burlin�ame such electrical materials, devices, appliances and equipment, and only such, as are found to be in conformity with the law and with approved methods of construction for safety to life and property. Conformity of electrical materials, devices, appliances and equipment -with the standards of Underwriters' Laboratories, Inc., as approved by the American Standards Association, and with other safety standards apl,roved by the American Standards Association, shall be prima facie evidence that such electrical m,-,.terials, devices, appliances and er.uipment comply with approved methods of construction for safety to life and property. The Electrical Inspector shall prepare or designate a list of electrical materials, devices, appliances and equipn.ent that are in accordance with the lava and have the approval of the Underwriters' Laboratories, Inc., as approved by the American Standards Association, and with other safety standards approved by the American Standards Association; a copy of said list shall be kept on file in the office of the :electrical Inspec- tor, a.nd shall be accessible for public reference during the regular office hours. Section 6. Liability for Damages. This ordinance shall not be construed to relieve fron or to lessen the responsibility or liability of any party owning, operating, controlling or installing any electric materials, devices, appliances or erruip- went for damages to persons 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 materiel, device, appliance, or -3- equipment authorized herein. fla Section 7. Penalty. Any person, form or corporation, or any partner, officer, agent or employee thereof, violating any of the provisions of this ordinance shall be guilty of a misde- meanor and upon conviction thereof shall be punished by a fine of not more than three hunared dollars ($300.00), or by imprison- ment in the city jail for a period of not ,J.ore than ninety (90) days, or by both such fine and imprisonment. Section 8. Validity. If any section, sub -section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Burlingame hereby declares that it would have passed this ordinance and each section, sub -section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared unconstitutional. Section 9. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed. Section 10. This ordinance shall be published in the "Burlingame Advance -Star" in the canner and for the time prescribed by law, and shall be in force and effect from and after the date of its passage. i INTRODUCED this day of, 1933, and duly ti and regularly passed this � day of October, 1933, by the following vote: AYES, Councilmen: NOES, Councilmen: ABSEFT, Councilmen: Jrlll '✓(-e, -4- 6Lk�4- 33