(A) The enforcement authority, as chief administrative officer of the Department of Engineering, Traffic and Inspection Services, or their designee, shall be authorized to administer and to proceed under the provisions of this subchapter in ordering the compliance with this subchapter.
(B) Duties.
(1) The enforcement authority shall insure compliance with the provisions of this subchapter and shall take all measures necessary to provide enforcement of the provisions hereinafter set forth.
(2) The enforcement authority shall be responsible for the preparation and issuance of all permits required under this subchapter and shall keep complete records of all permits issued.
(3) The enforcement authority shall be responsible for all inspections and reinspections hereinafter required and shall keep complete records thereof.
(4) The enforcement authority shall perform such duties as are prescribed by the Mayor and the Board of Public Works and Safety.
(5) The enforcement authority may hold membership in a nationally recognized professional electrical organization, and with the consent of the Department of Engineering, Traffic and Inspection Services, may serve on its committees or hold offices in those organizations to which he or she may be elected or appointed.
(6) In the event the state mandates specific testing or licensing requirements for electrical inspectors, the city will adopt the state requirements in lieu of similar local requirements for the enforcement authority.
(7) The powers and duties of the enforcement authority concerning enforcement of electrical codes are hereby consolidated with the Electrical Inspector, unless determined otherwise by the Director of the Department of Engineering, Traffic and Inspection Services, or his or her designee.
(C) Authority.
(1) The enforcement authority is the authority as that term is defined in I.C. 36-7-9-1 et seq. in all matters electrical, or pertaining to electrical equipment, within the corporate limits of the city for the purpose of enforcing provisions of I.C. 36-7-9-1 et seq.
(2) When, in the course of carrying out the inspections required in this subchapter, the enforcement authority finds electrical equipment which, by reason of its application or installation, is in noncompliance with the standards so established, he or she shall notify the person, firm, or corporation responsible for the electrical equipment, in writing, of the nature of the noncompliance. Such notification shall be by means of certified mail or personal service.
(3) Should such changes or repairs not be made within ten days of written notification, or any longer period specified in the notification, the enforcement authority shall have the authority to order disconnection of electrical service by the appropriate electrical utility.
(4) Division (C)(3) above notwithstanding, in cases of emergency, or where necessary for safety of persons or property, or where electrical equipment may interfere with fire or police personnel of the city, the enforcement authority or the authorized agents or employees of the appropriate electric utility shall have the authority to immediately disconnect or cause the disconnection or reconnection of any electrical equipment or service for a period of time coterminous with the period of the emergency or until the safety hazard is corrected. Provided, however, that should any person other than an authorized agent or employee of the appropriate electric utility undertake to make a disconnection under cases of emergency provided for in this division, then in that event, the appropriate electric utility shall not be liable to such person for any damage or injuries resulting from such undertaking. All reasonable efforts shall be made to obtain the aid and assistance of authorized utility employees in such emergency situations.
(5) Authority conferred upon the enforcement authority may be delegated by him or her to such assistants as may, from time to time, be employed by the city to aid the enforcement authority to carry out his or her duties.
(6) The enforcement authority shall have the authority to remove or cause to be removed, any obstructions which may prevent a complete inspection of any electrical installation.
(7) Whenever necessary to make an inspection to enforce any of the provisions of these rules, or whenever the enforcement authority or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the enforcement authority or his or her authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the enforcement authority by these rules, provided that if such building or premises be occupied he or she shall first present proper credentials and request entry; or if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the enforcement authority or his or her authorized representative shall have recourse to every remedy provided by law to secure entry.
(8) When the enforcement authority or his or her authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the enforcement authority or his or her authorized representative for the purpose of inspection and examination pursuant to these rules.
(9) Upon a finding by the enforcement authority that a building or structure, or portion thereof, is "unsafe" as defined by I.C. 36-7-9-1 et seq., § 150.45, or in noncompliance with this subchapter, the enforcement authority shall cause the issue of a stop work order which shall cause all work to be stopped or cause the building, structure, or portion thereof to be sealed against intrusion by unauthorized personnel pursuant to the provisions and administrative procedures set out in I.C. 36-7-9-5 et seq. Such a stop work order may be withdrawn by the enforcement authority when he or she has cause to believe that the conditions constituting the noncompliance have been properly repaired, removed, or corrected.
(10) Upon finding, by the enforcement authority, that a project is in noncompliance with the applicable codes, the contractor in accordance with I.C. 22-12-7-11 et seq. may appeal such a decision to the Fire Prevention and Building Safety Commission of the state for a determination of variance of the rule applying to any commercial, industrial, or multi-family structure.
(11) The enforcement authority or his or her designee shall be the final authority on code in all electrical installations in or on structures not identified in division (C)(10) of this section subject to the procedures outlined in § 150.68.
(Ord. 5560, passed 11-3-86; Am. Ord. 5630, passed 2-22-88; Am. Ord. 6073, passed 12-8-97; Am. Ord. 6477, passed 4-23-07)