ORDINANCE 277e
ORDINANCE NO. 277
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, REGULATING THE SALE OR
DISPOSAL OF ELECTRICAL MATERIALS,
DEVICES AND APPLIANCES.
The City Council of the City of El Segundo,
California, does ordain as follows:
SECTION 1. SCOPE: From and after the effective
date of this ordinance, no person, firm or corporation
shall sell, offer for sale, loan, rent, dispose of by
gift or premium, give or otherwise furnish, provide or
make available for use any electrical material, device or
appliance, designed or intended for attachment, directly
or indirectly to any electrical system, circuit or elect-
rical service for light, heat or power in the City of
E1 Segundo, unless such electrical material, device or
appliance complies with the provisions of this ordinance.
SECTION 2. RATING: All electrical materials,
devices and appliances 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 this
ordinance and of rules and regulations adopted pursuant
hereto. 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 volts
and amperes or volts and watts shall be stated and no
person, firm or corporation shall remove, alter, deface
or obliterate any such marking.
1-
SECTION 3, ADOPTION OF STANDARDS: All
electrical materials, devices and appliances covered by
and intended to be regulated by this ordinance shall
conform with the code of safety standards for such
materials, devices and appliances hereby adopted and
approved, entitled "Code of Standards for Electrical
Materials, Devices and Appliances in the City of
El Segundo" which code is hereby adopted by reference
as though herein set out in full. Three copies of such
code are on file for use and examination by the public
in the office of the City Clerk of said City.
SECTION 4. DECLARATION OF LEGISLATIVE POLICY
AS TO SAFETY STANDARDS: The City Council hereby declares
that the national safety standards for such materials,
devices and appliances on file in the office of the
United States Bureau of Standards are the minimum stand-
ards required to provide an adequate degree of safety to
life and property in said City, and further declares
that it has incorporated said national safety standards
in its "Code of Standards for Electrical Materials, Devices
and Appliances in the City of E1 Segundo ".
The City Council hereby declares that there
Is need for uniformity between national safety standards
and local standards and that it is one of the objects of
this ordinance that as technological progress and refine-
ments are made in national safety standards that similar
progress and refinements be made in local safety standards,
and to that end the City Council hereby declares that it
is necessary that certain administrative rule making
power be vested in the Chief Electrical Inspector of
the City in order to carry out the intent and purpose
of this ordinance and to provide the City and its
2-
J
inhabitants with the degree of safety required to
adequately safeguard life and property in said City.
SECTION 5. ADMINISTRATIVE POWERS OF THE CHIEF
ELECTRICAL INSPECTOR: Whenever the Chief Electrical
Inspector of the City shall determine that there is a
lack of uniformity between the national safety standards
on file in the office of the United States Bureau of
Standards and the code of standards adopted by this
ordinance, and as and when refinements are made in the
national safety standards which have not been incorporated
as a part of the code of standards hereby adopted, the
Chief Electrical Inspector of the City is hereby empowered
to adopt and promulgate such rules and regulations as he
shall deem necessary to bring such code of standards into
harmony with the national safety standards. Before any
rule or regulation may be adopted hereunder, the proposed
rule or regulation, in writing, dated and signed by such
officer, shall be filed with the said "Code of Standards
for Electrical Materials, Devices and Appliances in the
City of E1 Segundo" hereby adopted. Three copies of such
rule or regulation shall be filed with the three copies
of the said code on file in the office of the City Clerk.
Such copies shall be available for use and examination
by the public. Thereupon and thereafter such rule or
regulation shall have full force and effect as though
originally set forth in the code of standards hereby
adopted.
SECTION 6. EVIDENCE OF COMPLIANCE: Listing or
labeling of materials, devices and appliances by the
Underwriters Laboratories, Inc. or other testing laboratory
approved by the Chief Electrical Inspector as complying
3-
with standards on file with the United States Bureau
of Standards may be accepted by the Chief Electrical Inspector as
prima facie evidence of the conformity of such materials,
devices and appliances with corresponding provisions of
the code of standards of said City or of corresponding
rules and regulations adopted hereunder.
SECTION ?. WHERE NO STANDARDS HAVE BEEN PROVIDED
FOR: Where no standards have been adopted for any such
materials, devices or appliances, the Chief Electrical
Inspector may require that such materials, devices or
appliances be submitted to a testing laboratory or labora-
tories deemed qualified by him for testing same. Upon
receipt of a report from such laboratory or laboratories,
he may designate a standard for each such article submitted
and tested, which designation shall be in writing and shall
be adopted and promulgated as a rule or regulation in the
manner herein provided. Any such standards so prescribed
shall be designed to provide as a minimum the degree of
safety to life and property as is required by the standards
hereby adopted for materials, devices or appliances of
similar or related character or nature.
SECTION 8. REVOCATION OF APPROVAL: Any approval
granted by the Chief Electrical Inspector may be revoked by
him if the electrical materials, devices or appliances are
found to be hazardous to life and property for the purpose
used or intended, or do not conform with the standards under
which they were approved for use. Before any approval may
be withdrawn, the Chief Electrical Inspector shall give
notice in writing to the person to whom approval was
granted of his intention to withdraw approval and shall
afford such person an opportunity to be heard with respect
V
4.
thereto at a public hearing to be held thereon. In the
event that approval is withdrawn or modified by the Chief
Electrical Inspector after such hearing, any person aggrieved
thereby may appeal from the ruling of the Chief Electrical In-
spector to the City Council in the manner provided in this
ordinance for the consideration by the Council of appeals.
SECTION 9. EXCEPTIONS: MATERIALS OTHERWISE COVERED:
The provisions of this ordinance shall not apply to electrical
materials, devices and appliances which are the subject
matter of regulation in El Segundo City building and wiring
ordinances as such ordinances now or may hereafter exist.
SECTION 10. EXCEPTIONS: VEHICLES AND FIRE ZONE
NO. 4: The provisions of this ordinance shall not apply to
motor vehicles or to motor vehicle equipment, or to the area
included within Fire Zone No. 4 of the City of El Segundo,
as same now exists or as same may hereafter exist within
said city.
SECTION 11. EXCEPTIONS: LOW VOLTAGE DEVICES:
The provisions of this ordinance shall not apply to elect.
rioal materials, devices or appliances designed or intended
for attachment directly or indirectly to any electrical
system, circuit or electrical service for light, heat or
power operating at a primary voltage of not more than 25
volts or consuming not more than 50 watts.
SECTION 12. EXCEPTIONS: SPECIAL APPLIANCES;
The provisions of this ordinance shall not apply to those
industrial or commercial appliances which are to be used
In a specific location and which have been submitted to
a laboratory for approval to determine their conformity
with the standards herein provided for but with respect
to which final approval by such laboratory is still
pending, providing that an exception is applied for and
5.
granted in the manner herein prescribed. The person
desiring to make such installation shall submit an appli-
cation in writing for such exception to the Chief Electrical
Inspector accompanied by written evidence satisfactory to
such Inspector indicating that laboratory approval has
been applied for. Such exception if granted by the Chief
Electrical Inspector shall continue in force only during such
time as such Inspector believes that the testing laboratory
will grant final approval certifying compliance to the
prescribed standards. If for any reason the Chief Electrical
Inspector believes that the testing laboratory has not made
an adequate test of materials, devices or appliances, he
may require that the same shall be submitted to some other
laboratory, approved by him, for further tests.
SECTION 13. EXCEPTIONS: GENERATING DEVICES:
The provisions of this ordinance shall not apply to elect -
rioal materials, devices and appliances installed by or for
an electric utility for its use in the generation, trans-
mission, distribution or metering of electrical energy.
SECTION 14. USED OR SECOND-HAND DEVICES: In the
rebuilding or repair of any such electrical materials,
devices or appliances all parts replaced or repaired shall
oonform in all particulars with the code of standards and
the rules or regulations hereby provided for.
SECTION 15. ENFORCEMENT: The Chief Electrical
Inspector is hereby directed to enforce the provisions of
this ordinance. He is hereby authorized to delegate any
of his powers under this ordinance to any of his assistants,
with the sole exception of the power to adopt and promulgate
rules and regulations which power may not be delegated
by him,
l
a
v 9 .
SECTION 16. LIABILITY FOR DAMAGES: This
ordinance shall not be construed as relieving or limiting
in any way the responsibility or liability of any person
owning and operating, controlling or installing any elect-
rical materials, devices or appliances for personal injury
or property damage resulting from the use thereof by
reason of any defect therein or for any other cause, nor
shall it be construed as imposing upon the City or its
officers or employees of any responsibility or liability
by reason of the approval of any materials, devices or
appliances under the provisions of this ordinance.
SECTION 17. APPEALS: In the event that any
person believes that unreasonable restrictions or unnecess-
ary and extraordinary hardship or damage will be imposed
upon him by the enforcement of any of the provisions of
this ordinance or by the application of any of the stand-
ards hereby adopted or by the adoption or application of
any rules or regulations by the Chief Electrical Inspector,
or from any rulings or determinations of such Inspector,
such person may appeal therefrom to the City Council in
writing and request a public hearing thereon by the City
Council.
In the event of such appeal, the City Council
shall fix a time and place for a public hearing thereon
and shall give notice thereof in writing to the person
requesting such hearing by mail, postage prepaid to the
address shown in such request, and shall also give notice
thereof to the Chief Electrical Inspector. At the time
fixed for such hearing or at any later time to which such
hearing may be adjourned, the City Council shall proceed
to hear the testimony of the appellant and of others in
his behalf and of the Chief Electrical Inspector and
7-
others in his behalf and of other competent persons who
may be present and desire to testify or who may be called
by the City Council to give testimony at such hearing.
Upon the conclusion of said hearing said City Council
shall by resolution declare its findings and decision in
the matter. If it finds that unreasonable restrictions
or unnecessary and extraordinary hardship or damage will
be imposed upon the appellant, then it may grant an excep..
tion or variance from the application in whole or in part
of such provisions of this ordinance or of such standards,
rules and regulations, rulings or determinations, or it
may modify, rescind or otherwise alter such standards, rules
and regulations, rulings or determinations, provided that
in granting such an exception or variance or in taking such
other action as it may deem justified, it may do so only in
the event that such action may be taken in harmony with the
general purposes and objectives of this ordinance to pre.
serve the public health, safety and welfare. The decision
of the City Council rendered after a hearing held in the
manner prescribed herein shall be final and conclusive.
SECTION 18. PENALTY: Any person, firm or eor-
poration, or any partner, officer, agent or employee thereof,
violating any of the provisions of this ordinance or of the
"Code of Standards for Electrical Materials, Devices and
Appliances in the City of El Segundo" hereby adopted, or
of any rule or regulation, promulgated, established or adopted
pursuant hereto, shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not more
than three hundred dollars ($300.00), or by imprisonment in
the city jail of the City of E1 Segundo, or in the county
jail of Los Angeles County, California, as the committing
magistrate may direct, for a period of not more than three
(3) months, or by both such fine and imprisonment.
[:!1
SECTION 19. SEVERABILITY: If any provision
of this ordinance, or the application thereof, to any
person or circumstances, is held invalid, the remainder
of the ordinance or the application of such provision to
other persons or circumstances, shall not be affected
thereby.
SECTION 20. REPEALS: All ordinances or parts
of ordinances in conflict herewith are hereby repealed.
SECTION 21. The City Clerk shall certify to
the passage and adoption of this ordinance, and shall cause
the same to be published once in the official paper of
said city, to -wit: the El Segundo Herald, a weekly news-
paper published and circulated within said city, and
which is hereby designated for that purpose.
SECTION 22. That this ordinance shall become
effective at midnight on the thirtieth day from and after
the date of the final passage and adoption thereof.
Passed, approved and adopted this 17th day of
VaY , A. D. , 1944.
(SEAL)
M
Ayor oe the City of
1 Segundo, California.
0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF EL S EGUN DO )
I. Victor D. McCarthy, City Clerk of the City
of El Segundo, California, do hereby certify that the
whole number of members of the City Council of the said
city is five; that the foregoing ordinance, being
Ordinance No. 277 was duly passed and adopted by the said
City Council, approved and signed by the Mayor of said
city, and attested by the City Clerk of said city, all at
a regular meeting of the said Council held on the 17th
day of
May
, A. D., 1944, and that the same was so
passed and adopted by the following vote:
AYES: Councilmen Messer, ^eterson, Selby, Skelley
and B:_ayor Love
NOES: Councilmen None
ABSENT: Councilmen none
City Clerk of y
E1 Segundo, California
10-
CLERKIS CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF EL SEGUNDO )
I. Victor D. McCarthy, City Clerk of the City
of E1 Segundo, California, do hereby certify that the
whole number of members of the City Council of the said
City is five; that the foregoing ordinance, being
Ordinance No. 277, is a full, true and correct original
of Ordinance No. 277 of the said City of El Segundo,
California, entitled:
"AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, REGULATING THE SALE OR
DISPOSAL OF ELECTRICAL MATERIALS, DEVICES
AND APPLIANCES. ".
which was duly passed and adopted by the said City Council,
approved and signed by the Mayor of said city, and attested
by the City Clerk of said city, all at a regular meeting of
the said Council held on the 17th day of ,ay ,
1944, and that the same was so passed and adopted by the
following vote:
AYES: Councilmen Hesser, Peterson, Selby, Skelley
a n(? ?:'ayor Love
NOES: Councilmen none .
ABSENT: Councilmen None .
I do hereby further certify that pursuant to the
provisions of Section 878 of Act 5233 of the General Laws
of the State of California, (Deering 1923 Edition) as
amended to date, that the foregoing Ordinance No. 277
was dul,; and regularly published according to law and the
order of the City Council of said city in the E1 Segundo
Herald, a weekly newspaper of general circulation, printed,
published and circulated within the said city, and that
the same was so published therein on the following date,
to—wit: Lay 25, ',"',44. .
WITNESS my hand and the seal of said city this
26th day of T,-.ay , 1944.
City Clerk of fh y o
E1 Segundo, California.
(SEAL)
11»
Affidavit of Publication
STATE OF CAI1"01% IA,
COUNTY OF LOS ANGELES, ML
CITY OF EL SEGUNDO,
..... _ .... _ .............. _ ..................... r'ra171. L. 3110tid being first duly sworn, deposes and says: That he
is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over
the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he
was, at, and during all of the time of the publication of the instrument hereunto attached the ..... _. _
:suitor
printer and publisher of EL SEGUNDO HERALD, a newspaper of general circulation, printed, pub-
lished and circulated WEEKLY in the City of El Segundo, in said County and State; that said news-
paper has been so printed, published and circulated at regular intervals of one week for more than one
year immediately preceding the publication of the instrument hereunto annexed; that said newspaper
is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning
of Section 4460 of the Political Code of the State of California; that as provided by said section, said
newspaper is published for the dissemination of local or telegraphic news and intelligence of a gen-
eral character, having a bona fide subscription list of paying subscribers; that said newspaper is not
and was not at any of the times herein referred to, devoted to the interests, or published for the enter-
tainment or instruction of a particular class, profession, trade, calling, race or denomination, or for
any number of such classes, professions, trades, callings, races or denominations, and that said news-
paper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to
or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes,
professions, trades, callings, races or denominations, or any of such classes, professions, trades, call-
ings, races or denominations.
That the notice, order, ordinance, resolution or instrument hereunto attached on page........ numbered
........................... .. - --- -- ----------- ---- - -- _..
hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and
correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as
published; that the same was set and printed in type not smaller than nonpareil and that the body of
the same was preceded with words printed in black- face type not smaller than nonpareil, describing
and expressing in general terms the purpose and character of the notice, order, ordinance, resolution
or instrument intended to be published, as will ap- pear from an inspection of the said annexed instru-
ment; that the U ra 117 cal C e ; , o . 7 7
•.......... •-•- ----- ----- -•-- -•-_-•- -••-•- ------------------------ --------- - ------------ -..- ---------------------- - ------------------------------- -- - - ------ - - - - --
of which the annexed is a printed copy as herein above stated, was published and printed in said
newspaper at least.- QT1Ce ...... AN W......., by ----------- - ---- -. --- - ---- AdNeWOUM a publication...., 4mmm1MWMW on the
_� J - -- ri.. -day of _ _ `� J!...- A D. 194..__
� to-wit- ------- -- ........................ - ............... - .............. ........................... — ---------------------------------------------- ------ --•--
`2!iur5day, i.: ;; 2b, 1944
- -- - - - - -- -------------------------------------- ------------- - - - - -- - .......... ••- •• - - -•- ...._.
Subscribed n sworn to before me this .5�- .. - - -...
dayof ... .................................................. A. D. 194.
City Clerk of the City of E , ou' t
of Los Angeles, State of Cal ornia
By................................. __ .
Deputy City Clerk of Said City.