# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 17. Electricity.

### Article I. General Provisions.

**Sec. 17-1. Scope and applicability of chapter.**

  (a)   Except as otherwise provided, the provisions of this Chapter apply to all electrical equipment and the installation thereof for light, heat or power within or on public or private buildings, structures or premises, including yards, carnivals and parking lots and industrial substations, and all electrical equipment, and the installation thereof, used for power supply to radio and television transmitting and receiving systems in or on such buildings, structures or premises, in the County.

  (b)   The provisions of this Chapter do not apply to any electrical work or equipment installed by or for any electric company, telegraph or telephone company, where such electrical work or equipment is owned and maintained by such company and is an integral part of the plant or service used by such company in rendering its service to the public.

  (c)   The provisions of this Chapter do not apply to installations in mines, ships or railway cars or to vehicular equipment.

  (d)   The provisions of this Chapter do not apply to installations or equipment employed by the United States government.

  (e)   A permit is not required for any minor repair, as defined in this Chapter.

**Sec. 17-2. Regulations.**

  (a)   The Director may recommend regulations for the administration of this Chapter, including a schedule of fees, and may, at the Director’s discretion, hold public hearings as part of this regulation-making process. Such regulations and amendments thereto must not conflict with nor waive any provisions of this Chapter nor be less restrictive than its provisions and must be adopted under Method (2) of section 2A-15 of this Code.

  (b)   The Director must hold a public hearing, upon adequate public notice, before proposing regulations setting forth the standards and requirements for all installations of electrical equipment within the County. Such regulations must be based upon a designated edition of the National Electrical Code and local amendments thereto, including but not limited to those for the installation of fire alarm systems. Such regulations and amendments must be adopted under Method (2) of section 2A-15 of this Code.

**Sec. 17-3. Adoption of basic electrical code.**

  All electrical installations and equipment must meet the standards and requirements set forth in section 17-2 of this Chapter. The edition of the National Electrical Code and any local amendments thereto, which are adopted in accordance with procedures established in section 17-2 of this Chapter are known as the basic electrical code for the County.

**Sec. 17-4. Administration and enforcement of chapter.**

  This Chapter is administered and enforced by the Department of Permitting Services.

**Sec. 17-5. Right of entry of departmental personnel.**

  The Director, upon exhibiting proper credentials or proof of identity on request, may enter any non-residential building, structure or premises, without consent of the occupants, at any time during business or operating hours, and at such other times as may be necessary in an emergency that immediately endangers life, property or public safety, for the purpose of performing duties under this Chapter or enforcing the provisions thereof.  In the case of multi-family dwellings, the Director may enter without consent only those spaces to which the public is ordinarily admitted, such as hallways, basements and similar spaces; provided, however, the Director may enter any private residence or dwelling for the purpose of enforcing this Chapter with the consent of the occupant thereof, or without such consent if the Director first obtains a search warrant in accordance with prescribed legal procedures, or if there is a present emergency such as a fire, explosion or the like, or immediately following such emergency.

**Sec. 17-6. Unlawful maintenance of installations.**

  When a permit is required under this Chapter, it is unlawful for any person to maintain or allow to be maintained an electrical installation without a permit.

**Sec. 17-7. Notice of electrical requirements to purchasers of air conditioners and major appliances.**

  (a)   It is unlawful for any person in business of selling air conditioners or major appliances to sell or offer these items for sale without attaching to each item or its sealed carton when sold in this manner so as to be readily observable by all purchasers, written notice of the electrical wiring requirements of each, all in conformity with standards of this electrical code.

  (b)   It is unlawful for any person who engaged in such sales to fail to display at a prominent location on the premises of such sales the wiring requirement for such appliances as set forth in this chapter.

**Sec. 17-8. Penalty for violations of chapter; injunctive action.**

  A person has committed a Class A violation if the person violates any provision of this Chapter or any regulation promulgated hereunder. Each day a violation continues to exist constitutes a separate offense.

**Sec. 17-9. Emergency disconnections.**

  In cases of emergency where any electrical equipment, whether installed before or after the enactment of this Chapter, is an immediate threat to the safety of persons or property, or where it may interfere with the fire protection service of any fire department in the County, the Director may disconnect the electrical equipment immediately and without notice to the owner thereof.

**Sec. 17-10. Fees.**

  Before the Department issues a permit or license as provided for in this Chapter, the applicant must pay to the County a fee in accordance with the schedule of fees established, and revised from time to time, by the County Executive, in an amount not to exceed the cost of administering and enforcing this Chapter.

**Sec. 17-11. Definitions.**

  As used in this Chapter, the following words and phrases have the following meanings:

  Department means the Department of Permitting Services.

  Director means the Director of the Department of Permitting Services, or the Director’s designee.

  Electrical equipment includes electrical conductors, raceways, wiring fittings, devices, appliances, fixtures, apparatus, and any other equipment coming within the purview of the electrical code of the County.

  Electrical code means the designated edition of the National Electrical Code as adopted and amended under this Chapter.

  Electrical services means the definition given to “provide electrical services” by section 6-101 of the Business Occupations and Professions Article of the Annotated Code of Maryland, as amended.

  Install, repair or maintain includes all installations, repairs or maintenance of any or all electrical equipment or circuits, or any parts thereof, including new work, alterations, renewals or extensions coming within the purview of this Chapter and the electrical code.

  Inspector means an authorized agent of the Department.

  Major appliance means laundry or kitchen appliances which are permanently connected or occupy fifty (50) percent or more of the circuit.

  Minor repair means the repair of portable electrical equipment or lighting fixtures, the repair or replacement of receptacles, snap switches, or plugs with a rating up to 20 amperes and 120 volts, or other minor repairs at existing outlets, or the repair or replacement of motors with a rating 1/3 hp or less and 120 volts.

  National Electrical Code means the edition of the National Electrical Code published by the National Fire Protection Association as adopted under this Chapter.