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 :
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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.
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(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,
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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
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equipment authorized herein.
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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.
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INTRODUCED this day of, 1933, and duly
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and regularly passed this � day of October, 1933, by the
following vote:
AYES, Councilmen:
NOES, Councilmen:
ABSEFT, Councilmen: Jrlll '✓(-e,
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