1971-05-03 Regular Meeting~ szo
rINUTES OF TF~ BOARD OF EQ.UALIZATION & RE~rIEW - APRIL 23, 1971 -(CONTINUED) -
Chairman Mears Harriss made a motion to accept the recommendation of the Tax Supervisor
for no change and was seconded by H. A. Marks and carried by the board.
The Board of Equalization & Review ruled that the follovaing listing penalties should
not be removed:
Mrs. Lula S. Johnson
Lt. Co. Joseph F. Dunn
Mr. W. L. Harris
Mrs. John E. Evans
Mr. Frank M. Skillman
Mrs. Gardner 47. Blizzard
Conor Land Co.
The Board of Equalization & Review ruled they would compromise on the followin~ listing
penalties, but they ~vould retain a fb1.00 charge on each:
Aerounautics Inc.
Mr. Lewis E. Jolly
Mrs. Helen Powell
Mrs. Ii. G. Stutz
Mrs. I,illian H. Ely
Mr. G. W. Graves for Graves Electric Co.
Mr. John R. Murchison for J. W. Murchison Co.
Mr. C. S. Lowrimore for Electric Repair & Service Co.
Fountain Tire Service, Inc.
Pine Valley Country Club
Pepsi Cola Bottling Co.
Mr. Swinson for R. C. Fowler
R. C. Fowler Properties, Inc.
Carolina Treet, Inc.
Sanitary Utilities, Inc.
Traco Dev. Co.
Chairman Nears Harriss suggested the Tax Supervisor send a letter to each business when
they apply for extension, advising them of the listing dates for real estate. Also to ad-
vertise in the news media.
The Tax Supervisor advised the board £or the need for tax mapping and revaluation of
New Hanover County. Mr. Powell stated he had a presentation from a company with slides
that he would like to present to the Board of Commissioners. Chairman Mears Harriss stated
the board would like to review the material.
The Tax Supervisor stated at this time that Bradley Creek Marina and Harrelson Marina
Service had £urnished the tax office with a list of boat owners and addresses as requested.
The Board of Equalization & Review at this time thanked the Tax Supervisor and his
staff for a well planned presentation of the complaints of property owners in New Hanover
County.
Chairman, Near Harriss made a motion at 1:45 P.r. to adjourn the Board of Equalization
& Review ior the year 19~1. The motion was seconded by H. A. Marks and carried by the board.
Respectfully submitted,
Betty Ayala
MINUTES OF TE~ MEETING - MAY 3, 1971 - 9:00 A.M. -
ASSEMBI,Y -
The regular semi-monthly meeting of the New Hanover County Board of Commissioners was
held on the above date and time in the Commission Building with the following present:
Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall,
Jr., H. A. Marks, Jor.n R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry She-
pard; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board.
IPNOCATION
Chairman Harriss called the meeting to order and asked Rev. Herbert Aman, Rector, St.
Andrew's Episcopal Church, to give the invocation.
,
kPPROVAL OF MINUTES -
Mr. Williams requested the following correction be made to the minutes of ineeting of
April 19, 19'71: On Page 11, sixth paragraph should show "Mutual Assistance Agreement Between
the City of LJilmington and New Hanover County for Police Work."
Mr. Narks requested correction on Page 1 under heading "Approval of Minutes of Regu3ar
Meeting, April 5th", fifth paragraph, second sentence should read" .... which it will cost...".
Following tnese corrections, Mr. Williams moved, seconded by Mr. Hall, that the minutes
be approved as corrected. Motion carried unanimously.
ASSISTANT TAX COLLECTOR'S REPORT -
Mrs. Janie B. Straughn, Acting Tax Collector, presented following report: Charged
per Scroll $5,183,67'7.50, charged per Supplement $30,g93.36, added by Tax ,Supervisor ~p2'7,202.62,
less abatements $28,083.`74, total $5,213,`789.74; Collections through April and Prepayments
$~4,789,330.33, balance due $424,459.41. Back taxes collected in April $9,088.j0, brin~ing
total collected to date ~129,06~.96, leaving balance due ~302,044.4']. Delinquent Personal
Property Taxes collected during April $'71'].58, brin~ing total collected to date ~620,881.14.
,
621
MINUTES OF THE MEETING - MAY 3, 19~1 -~CONTINUED) -
ASSISTANT TAX COLLECTOR'S REPORT - (CONTINUED) -
Mr. Hall inquirea tahether the Tax Collector's office had done anything about garnishment.
Mrs. Straughn advised the Board she had talked with Mr. Henry I,ewis and Mr. Campbell when
they were here about a setup on garnishment. She stated that in prior years all personal
property had been in a separate book, but now the books involved are mixed in with real estate.
Mrs. Straughn stated the computer program is fouled up this year and the office is having to
go back and t~pe manually advertising lists that the office was supposed to have ~otten from
IDP. This is requiring overtime work because there is a dead line on getting the lists in
the paper. Mrs. Strau~hn advised that IDP had not made corrections during the year that
were sent to them and neither had the abatements been taken into consideration. Mr. Bowden
stated this was the first he had heard of any difficulty with the computer service. The
Tax Collector's office is a separate contract from the Tax Supervisor's office and the
Tax Supervisor's office had experienced no more than the expected problems with the service.
Mr. Harriss requested Mr. Bowden look into the matter.
By common consent report from the Acting Tax Collector oras accepted.
ESTIMATE AID TO BLIND PROGRAM 1971-72 -
Miss Hall recommended to the Board of Commissioaers, which the Social Services Board
had already approved, that the appropriation stand the same as last ,year; namely, County's
share $25,423.80. Miss Hall stated expenditures to date are in line with estimate for
next 3rear.
Mr. Marks moved, seconded by Mr. Hall, that the Board approve this budget on the same
basis as last year. Motion carried unanimously.
SOCIAI, SERVICES - TRANSFER OF FUNDS - .
Miss Hall stated due to burglaries of money in the safe last year at the Social Services
building a check from insurance had been received but pointed out that it could not be de-
posited to the County due to the fact it involves State and Federal monies and monies of
clients with whom her department was working at the time.
Mr. Marks moved, seconded by Mr. Hall, that the Auditor and Miss Hall be authorized to
determine the procedures for replacing the funds to the owners who have claims a~ainst
the Social Services and distribute the money from Unanicipated Revenue rahere Mr. Shepard
3~as deposited it.
Miss Hall requested transfer of $2,000 to Travel Account and $200 to Telephone from
Unexpended Salaries. Also, Miss Hall requested $23,000 be transferred to Medicaid which she
stated should probably come from other public assistance categories.
Mr. Glilliams reminded Miss Hall of the standard procedure that any requests for transfers,
where possible, be made known to the Commissioners a few days in advance in case the Com-
missioners have any questions.
Mr. Williams moved, seconded by Mr. Hall, that the transfers requested be approved.
Motion carried unanimously,
SCHOOL BOARD REOUESTS -
Mr. Shepard advised the School Board is requesting $3,100 be transferred from their
Regular Budget-Instructional Supplies to,Legal E~pense. Also, the School Board is requesting
$18,500 be transferred from their Re~u],ar Budget-Repairs to Building and Grounds to Re~ular
Budget-Heating, Lighting and Plumbing.
Mr. Marks moved, seconded by Mr. Williams, that these two transfers be approved.
Motion carried unanimously.
Mr. Shepard advised the School Board is requesting $1,2'74.50 to supplement the 9$3,000
estimated by Dr. Bellamy and appropriated by the Commissioners for identification equipment
and materials to be used for the high schools. Mr. Shepard recommended the $1,2']4.50 come
from ,School Regular Surplus.
Mr. Hall moved, seconded by Mr. Oxenfeld, that the transfer be approved as recom-
mended by Mr. Shepard. Motion carried unanimously.
INSUFtANCE ON VOTING MACAINES -
Mr. Shepard advised he was in receipt of a bill for additional insurance premium in amount
of $41.00 for amending value on 60 Shoup voting machines. Mr. Shepard recommended this amount
come from the General Contingency Fund to the Election Board.
By common consent it was agreed to refer this bill to the Election Board for their
recommendation.
AUDITOR'S REQUEST FOR TRkNSFERS AND APPROPRIATIONS -
P7r. Shepard requested following transfers: To Commissioner's Advertising $150, Com-
munity Hospital (one-half collected to collection agency for collection o£ accounts) $150,
No Wake Signs ~S55o (~'750 was appropriated originally but si~ns cost $1,264), Sheriff's IIonds
$150, all from General Contingency Fund in amount of 9$1,000. Mr. Williams moved, seconded
by Mr. Oxenfeld, approval of the above transfers. Plotion carried unanimously.
Mr. Shepard requested transfer of 9G200 to Electrical Inspector's Office Supplies from
Electrical Inspector's Travel and ~1800 to Electrical Inspector for 2-Wa,y Radios f.rom Elec-
trical Inspector's Salaries (when Electrical Inspectors resigned, the 2-Way radios they o~ere
using were turned over to the Plumbin~ Inspectors who had none).
Mr. Marks moved, seconded by Mr. Hall, these two transfers be approved. Motion carried
unanimously.
Mr. Shepard requested ~66.40 be transferred to A& E Reports from A& E Farm Reports-Un-
anticipated Revenue. Mr. Williams moved, seconded by Mr. Hall, this transfer be approved.
Motion carried unanimously.
Mr. Shepard requested transfer of $25 to Mental Health Janitorial Supplies and $200 to
Mental Health Telephone from Mental Health Salaries. Mr. Hall moved, seconded by Mr. Marks,
that these trans£ers be approved. Motion carried unanimously.
62~
MINUTES OF THE MEETING - MAY 3, 1971 -(CONTINUED) -
MUSEUM - TRANSFER OF FUNDS -
Mr. Shepard requested transfer of $1']3.28 from Heat Account to Electricity and $500 from
Insurance Account to Capital Outlay-Displays. P1r. Hall moved, seconded by Mr. Oxenfeld,
that the transfers be approved. Motion carried unanimousl,y.
FORMAL APPROVAL PURCHASE OF LAW BOOKS FOR COUNTY LIBRARY -
Mr. Bo~~rden requested formal approval of purchase of law books as outlined in letter d.a-
ted April 19, 19'71, from Nr. Burt Nontague, Director, Administrative Office of the Courts.
Cost of the Books is $940.50; County to pay matching share in amount of y~235.12. Mr. Williams
moved, seconded by Mr. Hall, formal approval be given, funds to come from Court Facilities
Fees.
Discussion of having Law Library incorporated in the Court System was held. Mr. Williams
was agreeable if the State would not red.uce the Court Facilities Fees to the County. Mr.
Fox advised present library is financed through the Court Facilities Fees, but this partic-
ular appropriation for purchase of these books is not related to the I,aw Library, but to
match State funds for I,aw and Order grant to put certain reports in the Court Rooms orhere
most of the criminal cases are being tried. It was suggested Mr. Bowden request our legis-
lators to endeavor to have the law library placed in the category of State's Court Expense.
Mr. Williams suggested Mr. Bov~den write Executive Secretary of the North Carolina Associa-
tion of County Commissioners because this will not come through the General Assembly as
a special act and will have to have statewide application, in his opinion, in order to pass.
By common consent it was agreed Mr. Bowden
tors requesting that the State assume financial
any reduction in Facilities Fees.
write Mr, Morrisey with copy to our legisla-
responsibility for the Law Library without
FORP'iAL APPROVAL FOR SHERIFF'S DEPARTMENT TO USE $3~000 ORIGINALI,Y APPROPRIATED FOR STAR-
TRON NIGHT SCOPE FOR OTHER SPECIAL EQUIPMENT -
Mr. Bowd.en discussed Sheriff Millis' letter of April 21, ly6`] for permission to use
money originally appropriated for Star-Tron Night Scope. It does not come up to expecta-
tions £or this amount of money and definitely would not be a good buy at this time. Ae
would like to use this money for other special equipment.
Mr. Williams moved, seconded by Mr. Hall, that the Sherif£ be permitted to use the
~3,000 for other special equipment in line with the Commissioners' informal approval on
April 21, 1971. Motion carried unanimously.
LITTER BUGGING IN NEW HANOVER COUNTY -
Mr. Williams began discussion of litter bug6ing b3r stating the concern of this Board
and others about the problem in the County. A year or so ago the Board discussed means
whereby the Board might improve the enforcement of anti-litter bugging legislation.
Hiring of special people to enforce the law was considered at one time but instead personnel
of the Sherif£'s Department was increased and they vaere asked along with all other law en-
forcement agencies in the County to assume the responsibility. Mr. Williams stated numerous
groups and individ.uals have been picking up the trash, but after a week it looks as bad
as ever. Mr. Williams stated he felt anti-litter bugging laws should be enforced, and he
felt.there is a need to intensify our efforts to rid New Hanover Count,y of this blight.
The following were present, at the request cf Mr. Williams, for this discussion: Hon.
Gilbert Burnett, Sheriff Marion Millis, Sgt. Stewart, and Dr. Knox to advise what they are
doing in this connection and to offer suggestions as to what can be done. Also, Mr. Wil-
liams wrote a letter to the Count~ Attorney regarding legislation that might be needed.
Jud~e Burnett spoke advising there are some statutes; namely G.S. 14-399 concerning litter
bug~ing on right-of-way of. public road and the punishment permitted. He advised the punish-
ment he gives when they come into his court is fines and requirement they pick up trash and
dispose of it. Judge Burnett advised there is also a statute covering dumping trash on
navigable waters; namely G.S. '76-40 and a statute, G.S. 14-134.1, regarding dumping trash
or garbage on the lands of another.
Judge Burnett stated Count,y has laws available and it would be ideal if citizens who
see someone littering to take out a oaarrant, but citizens will not do this because of the
inconvenience o£ losin~ a day or turo of work. It appears the Sheriff's Department (or
Si;ate Patrol) should keep a closer oratch, by going into areas more often and bringing the
violators to court.
Sgt. Stevaart stated the County has laws to protect against litter, but a person has to
be gositively identified. He suggested persons not be permitted to have beer or iahiskey
in cars, thus eliminatin~ some bottles being thrown out of the cars.
Sheriff Millis stated his department had made a number o£ arrests since last Fall and
the Court had. done a good job in sentencing the violators.
Judge Burnett suggested publicit~~ concerning the landfills, letting the people know
where they are located and possibly they should be open during the weekends.
Dr. Knox stated if the County were to have the cooperation of the people in disposing
of trash, the County would be swamped and still leave the trash on the right-of-way tiahere
it is now. Dr. Knox spoke of the time it takes for some trash to disintegrate. The Acalth
Department is trying to find out who the Commercial Haulers are and to see they are pro-
perl~ licensed and that they haul the trash to the proper place.
Mr. Bowden stated ef£orts had been made to locate, with the Health Department and
State, a sanitar~,~ landfill on the river, road but have been unsuccessful. Mr. Bowden stated
County will have to make a good size investment, if recommended by the State, but today
tke State does not see the need of the tnr.ee sanitary landfill sites to include the City
of Wilmington,
The persons present for this discussion were thanked and encoura~ed. to increase their
efforts to apprehend the law b•reakers. Mr. Williams sug~ested the Chairman be authorized
to appoint a committee of his choosing, Mr. Harriss', to study the problem more in depth
and come back ~aith some specific recommendations. Mr. Harriss said he would be glad to
appoint such a committee and horoefully will have some recommendation from the committee
that will help.
~~~ ~
MINUTES OP THE MEETING - MAY 3, 1971 -(CONTINUED) -
LITTER BUGGING IN NEW HANOVER COUNTY -(CONTINUED). -
Meeting recessed at 10:25 A.M.
Metting reconvened at 10:30 A.M.
RESOLUTION ON AUDITOR'S POSITION -
Mr. Harriss presented following resolution wherein the Board of County Commissioners
take the position they believe in the need of an appointive auditor:
"RESOLUTION
WHEREAS, previous Boards of New Hanover Count~ Commissioners have requested
and sought the office of County Auditor be made an appointive office, and
4JI~REAS, this Board and recent Boards have witnessed the continued and in-
creasing need of assuring that a Professional Accountant occupies this posi-
tion, and
WHEREAS, such assurance is not guaranteed by a popular election, and
WHEREAS, there are no policy making decisions created by this office,
but rather, the carrying out of policy established by the General Statutes and
the Board of Commissioners,
NOW THEREFORE BE IT RESOLVED, that the New Hanover County Board of Com-
missioners con£irm their belief in the need of an appointive Fiscal Officer
and do her.eby urge the Zegislators representing New Hanover County to repeal
the Special Act, Chapter 493 of the Public Zocal Laws of 1Q13, for election
of County Auditor thereby placing this office under the North Carolina Gen-
eral Statutes.
Hereby resolved this ~ day of M~, 19'71.
~s)
Meares Harriss, Jr.
Chairman
Board of County Commissioners"
Mr. Harriss stated this had been discussed with the Auditor, and the present Auditor
had told the Commissioners he did not have any intention of continuing in office after his
present term expires, and that this would not affect him and that he,has no comments to
make.
Mr. Harriss stated the County had been fortunate in the past in getting good auditors
through the elective process and before the County does get in a position where this becomes
a political office, rather than a professional and technical ofiice, the County needs this
change in its latias.
- Mr. Hall moved, seconded by Mr. Marks, the adoption of the resolution and the Chair-
man be authorized to sign the resolution and forward to our representatives. Motion
carried unanimously.
Mr. Oxenfeld stated he felt the Board should express to the present Auditor this
is no reflection on him. All the Commissioners concurred in this.
BID OPENING - CAR, SHERIPF'S DEPARTMENT -
The following bids were received:
Cape Fear Motor Sales,
Tom Reich Chevrolet,
Port City Chrysler Plymouth Co.,
$3,092.66, not including N.C. Sales Tax
>,153.25, not including N.C. Sales Tax
3,3~7.00, no mention of Sales Tax
Mr. Williams moved, seconded by Mr. Marks, that the County Administrator and County
Auditor check the bids and award order to low bid meeting specifications, funds coming Srom
Interest on Investments, CD Interest General Fund. Motion carried unanimously.
FiUMANE SOCIETY -
Miss Camile Carroll of the Humane Society stated she was still trying to get sewerage
for the proposed animal shelter on 23rd Street E~tension, but the cost of connecting to
the City's line is prohibitive. She read suggested solution from Mr. G. Samuel Cox of
the Soil Conservation Service which was to reshape the lot, leveling it and filling the low,
wet area with soil from high level and after reshaping the lot, install tile drains for
lovrering the water table.
Niss Carroll wanted to knoc,~ if this h~ere done if the Commissioners thought it would
pass the perk test. Mr. Bovrden stated we would. have no way of knowing and it would have to
be approved by the Health Department. ~
Discussion of whether the County would assist the Humane ,Society in connecting to the
City's line if the above e£fort failed was held. Mr. Williams raised question of legality
of this and Nr. Fox stated he had grave doubts of'.the County being able to appropriate funds
to the Society.
Mr. Hall moved, seconded by Mr. Marks, that the Humane Society be permitted to have
the lot reshaped and install the drains for lowering the water table. Moti:on carried
unanimously.
.
624
MINtJTES OF THE MEETING - MAY 3, 1971 - CONTINUED -
N. C. DEPARTMETIT OF LOCAL AFFAIRS -
Mr. Jean 0. Melvin and Mr. Ralph Lassiter of the N. C. Department of Local Affairs ap-
peared before the Commissioners to acquaint them with the services their or~anization is able
to offer local governments in helping them to become eligible for receiving funds, filling
out application blanks, etc. Mr. Melvin stated he is in governmental relations and Mr. Las-
siter in housing. Mr. Melvin stated his agency would help on any program the County may have,
recreation, law and order, etc. Mr. Melvin stated they have a computer in Raleigh connected
with Washington orhich ~ould tell where funds may be available under various federal programs.
Nir. Nelvin invited the Board to contact his organization on any program it feels it needs
assistance.
Mr. Williams asked rr. Melvin if the computer can tell which agencies that have been
authorized for jail construction have actually been funded; so many have not. Mr. Melvin
stated this had been a problem; they have been advised programs are available when they
are not.
Mr. Williams stated it was his understandin~ that the office of Intergovernmental Re-
lations is in the process of being abolished and if so, oaould it mean that he, Mr. Melvin,
would. be transferred to another department within the Department of Local Affairs? Mr. Melvin
stated this was true but he felt this was the first reaction of the committee hearing and
that Governmental Relations ~vill not be abolished; this is one of the main £unctions of the
Department of Local Affairs. If so, Mr. Melvin said he felt sure it would £unction under
some other agency.
Mr. Harriss thanked Mr. Melvin and Mr. Lassiter for appearing.
PETITION REQ,UESTING COUNTY PASS ORDINANCE TO CONTROL FOX HUNTING -
Mr. Bob Bishop appeared before the Board with a petition signed by 46 persons requestin$
the Board to adopt an ordinance forbidding fox hunting in the Fort Fisher area since it is
a nuisance for large packs of dogs to be let loose at all hours of the night.
Nr. Fox expressed opinion it is possible Legislature has given the N. C. Wildlite Com-
mission au.thority to control the seaSons on game and it may be they have preempted the Sield
so as to limit the County's authority to act under the general ordinance making power.
By common consent it was agreed to request the County Attorne5* to research the problem
between now and the next meeting and report to the Board at that time what the Board can do.
At that time the Board can decide orhat to try and do.
A.B.C. PERMIT REQUESTS -
The followin~ A.B.C. Permit Requests vrere presented to the Board: Queen's Tire Service,
Rt. 1, Box 2, Castle Ha,yne; Beach Party Beverages, 124 Wrightsville Causeway; The Beverage
Center, 34 N. Zumina Ave.; Oleander Produce, 5124 Oleander Drive; The Empire Club, 6318 Market
Street; and Riche's Recreation Center, 45 Cape Fear Blvd.
Mr. Williams moved, seconded by Mr. Oxenfeld, that the requests be referred to the
Sheriff's Department for investigation and recommendations.
APPROVkL SUBDIVISION PLAT - WALNUT HILL, SECTION 1-
Mr. Mallory, Planning Director, presented a subdivision plat o£ Walnut Hill, Section 1,
located off of the Rock Hill Road in the northern part of the County. There are about 86
lots in this section of the subdivision and it will have a community water system and a
package treatment plant. Some of the improvements have been made but in order to cover the
cost of all improvements a letter of credit has been obtained from Cameron-Brown in the
amount of $86,100, and based on the letter of credit to insure the installation of the required
improvements, the Planning Commission recommends the Chairman sign the map so it can be re-
corded.
Mr. Williams moved, seconded by Mr. Oxenfeld, that the subdivision plat be approved and
the chairman be authorized to sign the plat. Motion carried unanimously.
DISCUSSION OF NE6J HANOVER COUNTY PIZOT DEI°iONSTRATION OF TI~ PLAN FOR THE N. C. ESTUARY STUDY
BY REYRESENT~ITIVE OF THE DIVISION OF COMNERCIAL AND SPORTS FISHERIES, N. C. DEPARTMIIVT OF
CONSERUATION AND DEVELOPMENT -
~r. Nallory, Plannin; Director, stated several gentlemen were present to present a Pi-
lot Demonstration of the Esturine Study for New Hanover Ccunty which ~,~as done by Coastal
Zone Resources Corporation. It was done in behalf of the State, the Department of Conser-
vation and Development Division o£ Commercial and Sports Fisheries. Mr. Ed Wade, Assistant
Commissioner, ~aas present ~rom the Division of Commercial and Sports Fisheries. Nr. Jim
Aud~ens and Dr. Dave kdams from the Coastal Zone Resources Corporation were also present.
Mr. Wade spoke first saying the 1969 General Assembly enacted a law requirin~ the Divi-
sion of Commercial and Sports Fisheries to conduct a study o£ our Coastal Area, and based on
several £actors New I3anover CountS was selected as the first Count,y for the study to be
conducted in.
Mr. Wade stated Coastal Zone Resources Corporation was contracted to make the study and
he, Mr. Wade, was seeing it for the £irst time; the reason for this, the Division of Com-
mercial and Sports Fisheries wants to get the same view the Board of Commissioners see and
to hear the Commissioners' comments so that they may be incorporated in their thinking
in what the plan contains.
Mr. Jim Hudgens spoke next. The Pilot Study seeks to provide an index to: the re-
sources of New Hanover CountS, present uses of the resources in the County, management of
resources in-the County, land classifications, and existino and proposed zonin~ ordinances
by the CountS~. The Pilot area report will present recommendations for management of var.ious
land classes and mechanisms for achieving the recommended management alternatives and
benefits or consequences of the various alternative actions.
The County was divided into four physiographic land types: submerged lands, tide lands,
high i.nfluence border lands and other lands. Recommendations were made £or land uses.
Dr. Dave Adams spoke also on the types of land and their uses.
Copies o£ the draft of the Pilot Study were furnished the Commissioner.s for their
study and suggestions.
,
625
MINUTES OF THE MEETING - MAY 3, 1971 -(CONTINUED) -
DISCUSSION OF NEW HANOVEP. COUNTY PILOT DEMONSTRATION OF THE PLAN FOR THE N. C. ESTUARY STUDY
BY REPRESENTATIVE OF THE DIVISION OF COMMERCIAL AND SPORTS FISHERIES, N. C. DEPARTMENT OF
CONSERVATION AND DEVELOPMENT - (CONTINUED)- •
Discussion ~~ras held on jurisdiction of planning and Mr. Williams expressed feeling
planning should be left in hands of local officials and if in the final analysis local
government is not ~oing to do the job then maybe it will have to be given another look.
Dr. Adams advised the Board to furnish comments it has to Dr.'.CL..I~inton, Commissioner,
State Department of Conservation and Development, Division of Commercial Sports and Fisher-
ies, and he will put them with others he ~ets and tell the Coastal Zone Resources Corporation
what he wants done.
Mr. Mallory stated he thought Ne~o Hanover County was very fortunate in bein~ chosen
for the study and also that the study compliments the County's Land Development Plan because
on the map the Planning Department indicated shoreline development and the reason this was
done was because the time the plan was made the Planning Commission did not have technical
information to back it up in some things they felt should be done. Erom this study the
Planning Commission will have this technical data and will be able to go in more detail
when the Land Development Plan is revised. Also, it will be of value when additional
zoning is done along the shoreline, and i£ we become interested in the National Flood In-
surance Program.
Mr. Harriss expressed his thanks for the very fine presentation.
CONSIDERATION OF ENDORSING GOVERNOR'S PROPOSAL TFiAT THE STATE ASSUME RESPONSIBILITY FOR
MEDICAID -
Mr. Williams stated the Governor had recommended the State assume full responsibility
for Medicaid wnich would affect County's tax rate in coming year by approximately four cents.
Mr. Harriss advised that at his direction the County Administrator did write the
legislators involved in,the study, both~in the Senate and House Committees, stating o~
County's position as favoring the State taking over.
Mr. Williams moved, seconded by Mr. Oxenfeld, that the action taken by the Chair-
man be confirmed by this Board of£icially and that if he did not receive a copy of the let-
ter, Mr. John rYorrisey be furnished a copy. Motion carried unanimously.
HOMESTEAD BII,L (SENATE BILL 120) -
rr. Bowden advised Senator Ralph H. Scott has introduced a bill known as the Home-
stead Bill (Senate Bill 120) which would give people who are retired at age 60 or above,
with an income o£ $3,500 or less, and who live in their own home, a homestead exemption
of $5,000 on their property tax. Senator Scott stated in his letter that from preliminary
surveys this would cost the counties very little. Senator Scott also stated property
taxes are going up all the time, and this age group with limited income needs some help.
Senator Scott requested the New Hanover County Commissioners to pass a resolution endorsing
this bill and furnish him a copy.
Mr. Harriss advised if the Tax Supervisor is correct, New Hanover Count,y would lose
$82,000 and the City of Wilmin~ton ~6~0,000.
Mr. Williams stated this bill was discussed by the legislative committee of the North
Carolina Association of County Commissioners and it was their feeling not to give favor-
able consideration to this proposal, since it is another erosion on the tax base. It was
agreed North Carolina Association of County Commissioners would oppose it if they were re-
quested to pass a resblution favoring it.
Mr. Marks moved, seconded by Mr. Williams, that the Board instruct our legislators to
use their influence in defeating this bill as it feels that the continued erosion of the
local tax base should be stopped, and it would adversely a£fect our ability to raise the needed
amount for our County .administration.~ Copy to ~o to Mr. John Norrisey. ~otion carried
unanimously.
l~PPROVAZ BY BUILDING CODE COUNCIL OF COUNTY REGUI,ATORY CODES -
Mr. Bowden advised the Board the office had received official approval from the State
Building Code Council of the Regulatory Codes adopted and Annex A sent them. Copy of
letter is as follows:
"This letter is to confirm an earlier telephone conversation regard-
ing action taken by the State Building Code Council on your County Regu-
latory Codes adopted by the New Hanover County Board of Commissioners
on February l, 19'71.
~ During their March 9, 1971 meeting, the State Building Code Council
accepted the Committee's favorable report on the above mentioned Codes
and the minutes will reflect this approval.
Subsequent action by your County Commissioners to delete reference
to the Electrical Section and resubmitting the approved Annex "A"
as the new Electrical Section was received too late for action at the
March 9, 19'71 Building Code Council meeting. Favorable action was taken
by the Building Code Council, h,owever, during a special meeting on April 16,
1971 and our records now reflect favorable action on the requested change.
I trust that this letter will serve as the official notice which
you requested."
The Regulatory Codes and. Appendix A which were approved are shoorn below:
~
6 2 6 MINUTES OF TFIE MEETING - MAY 3. 1971 -(CONTINUED) -
APPROVAI, BY BUILDING CODE COUNCIZ OF COUNTY REGULATORY CODES -(CONTINiJED) -
"NEW HANOVER COUNTY ORDINANCE PROVIDING FOR THE
ADOPTION, ADMINISTRATION AND ENFORCEP'fENT OF
REGULATORY CODES, AND SPECIFYING
OTHER DUTIES OF
INSPECTION OFFICIALS
Article I. Adoption of Regulatory Codes by Reference (Authority: G. S. 160-
200 (41); 160-237; 143-138 (d), (3))
Section 1-l. Scope of Ordinance and Codes. The provisions of this
ordinance and of the regulatory codes herein adopted shall apply to the fol-
lowing:
(a) The location, design, materials, equipnent, construction, recon-
struction, alteration, repair, maintenance, movin~, demolition,
removal, use, and occupancy of every building or structure or any
appurtenances connected or attached to such build.ing or structure;
(b) The installation, erection, alteration, repair, use and maintenance
o£ plumbing systems consisting of house sevaers, building drains,
waste and vent systems, hot and cold water supply systems, and all
fixtures and appurtenances thereof;
(c) The installation, erection, alteration, repair, use and maintenance
of inechanical systems consisting of heating, ventilating, air.con-
d.itionin~, and refrigeration systems, fuel burnir~ equipment, and
appurtenances thereof;
(d) The installation, erection, alteration, repair, use and maintenance
of electrical systems and appurtenances thereof;
The adoption of this ordinance and the codes herein adopted b reference shall
constitute a resolution within the meaning of G.S. 143-138 (d~ making the re-
gulator,y codes herein adopted applicable to dwellings and out buildings used
in connection therewith and to apartment buildings used eyclusively as the
residence of not more tY~an tv~~o families.
Section 1.2. Building Code Adopted. The 196'7 edition of the North
Carolina State Building Code, Volume I, General Construction, as adopted b,y
the North Carolina Building Code Council and as amended, is hereby adopted
by reference as fully as though set forth herein as the Building Code of the
Count,y to the extent such Code is applicable for safe and stable design, methods
of construction, minimum standards, and use of materials in building or struc-
tures hereafter erected, enlarged, altered, repaired, or otherwise constructed
or reconstructed.
Section 1-3. Flumbing Code Adopted. The 1968 edition of the North
Carolina Plumbin~ Cod:e (North Carolina State Build.ing Code, Volume II, Plumbing)
as adopted and published by the North Carolina Building Code Council and as
amended, is hereby adopted by reference as fully as though set forth herein as
the Plumbing Code for the County.
Section 1-4. Heating Code Adopted. The 1~67 edition o£ the North
Carolina Heating Code (North Carolina State Building Code, Volume III, Heating)
as adopted. and published by the North Carolina Building Code Council and as
amended, is hereby adopted by reference as fully•as though set forth herein
as the Heating Code for the CountS.
Section 1-5- SEE AnTNEX "A", COUNTY OF NEW AANOVER CODE, "ELECTRICITY"
FOZZOWING.
Section 1-6. Residential Building Code. The 1968 edition or later edi-
tion of the North Carolina Uniform Residential Building Code, as adopted
by the North Carolina Building Inspectors Association, and as published by the
North Carolina Build.ing Code Council is hereby adopted by reference as fully
as though set forth herein as the Residential Building Code for one and two
family residential build.ings in the County.
Section 1-'7. Amendments to Codes. Amendments to the regulatory codes
adopted by reference herein, which are from time to time adopted and published
by the agencies or organizations referred to herein shall be effective in the
County at the time such amendments are filed with the County Building Inspec-
tor as provided in Section 1-9•
Section 1-8. Compliance with Codes.
(a) All buildings or structures which are hereafter constructed, recon-
structed, erected, altered, extended, enlarged, repaired, demolished,
or moved shall conform to the requirenents, minimum standards, and
other provisions of either the North Carolina State Building Code,
General Construction, Volume I or the North Carolina Uniform Resi-
dential Building Code, whichever is applicable, or of both if both
are applicable.
(b) Every b~zilding or structure intended for human habitation, occupancy,
cr use shall have plumbing, plumbing systems, or plumbir~ fixtures
installed, constructed, altered., extended, repaired, or reconstructed
in accordance with the minimum standards, re uirements, and other pro-
visions of the North Carolina Plumbing Code ~North Carolina State
Building Code, Volume II, Plumbing).
MINUTES OF THE MEETING - MAY 3, 1971 -(CONTINUED), -
APPROVAZ OF BUIZDING CODE COUNCIL OF COUNTY REGULATORY CODES - CCONTINUED) -
(c) All mechanical systems consisting of heating, ventilating, air con-
ditioning, and refrigeration systems, fuel burning equipment, and
appurtenances shall be installed, erected, altered, repaired, used
and maintained in accordance with the minimum standards, require-
ments, and other provisions of the North Carolina Heatin Code
(North Carolina State Building Code, Volume III, Heating~.
(d) SEE ANNEX "A", COUNTY OF NEW HANOVER CODE, "ELECTRICITY" FOLLOWING.
Section 1-9• Copies of Codes Filed With Clerk. An of£icial copy of each
regulatory code adopted herein, and official copies of all amendments thereto,
shall be kept on file in the office of the County Building Inspector. Such
copies shall be the official copies of the codes and the amendments.
Article II. Inspection Department
Section 2.1. Organization of Department. The Inspection Department shall
consist of a building inspector, plumbing inspector, an electrical inspector,
and such other inspectors or deputy or assistant inspectors as may be author-
ized by the Board of Commissioners. The Board of Commissioners may in its
discretion designate a department head.
Section 2.2. General Duties of Department and Inspectors. It shall be
the duty of the inspection department to enforce all of the provisions oS
this ordinance, the regulatory codes adopted herein, the New Hanover County
Mobile Home and Travel Trailer Ordinance, the rules and regulations promul-
gated by the Commissioner of Insurance under the Uniform Stand.ards Code for
Mobile Homes Act, the subdivision regulations of the County of New Hanover,
New Hanover Count~r Zoning Ordinance, and to make such inspection of school
buildings as are required under N.C. Gen. Stat. 1i5-15o.2, and to make all
inspections necessary to determine Vrhether or not the provisions of said or-
dinances and sueh codes are being met.
The North Carolina State Building Code, Volume II, General Construction,
and the North Carolina Uniform Residential Building Code shall be enforced
by the Building Inspector. The North Carolina Plumbing Code shall be enforced
by the Plumbing Inspector. The North Carolina Heating Code shall be enforced
by an inspector designated by the Board of Commissioners. The North Carolina
State Electrical Code shall be enforced by the Electrical Inspector.
Section 2-3. Conflicts of Interest. No officer or employee of the In-
spection Department shall be financially interested in the furnishing of la-
bor, material, or appliances for the construction, alteration, or maintenance
of a building or any part thereof, or in the making of plans or specifications
therefor, unless he is the owner of such building. No officer or employee
of the Inspection Department shall engage in any work which is ineonsistent
with his duties or with the interests of the County.
Section 2-4. Reports and Records. The Inspection Department, and each
inspector, shall keep complete, permanent, and accurate records in convenient
form of all applications received, permits issued, inspections, and rein-
spections made, and all other work and activities of the Inspection Depart-
ment. Periodic reports shall be submitted to the Board of Commissioners, and
to other agencies, as required.
Section 2-5. Inspection Procedure.
(a) Inspections. The Inspection Department shall inspect all buildings
and structures and work therein for vahich a permit of any kind has
been issued as often as necessary in order to determine whether
the work complies with this ordinance and the appropriate codes.
When deemed necessary by the appropriate inspector, materials and
assemblies may be inspected at the point of manufacture or fabrica-
tion, or inspections may be made by approved and recognized inspec-
tion organizations; provided, no approval shall be based upon re-
ports of such organizations unless the same are in writing and
certified by a responsible officer of such organization.
All holders of permits, or their agents, shall noti£y the Inspec-
tion Department and the appropriate inspector at each of the fol-
lowing stages of construction so that approval may be given before
work is continued:
(1) Found.ation Inspection. To be made after trenches are ex-
cavated and the necessary reinforcement and £orms are in
place, and before concrete is placed. Drilled footings,
piles, and similar types of foundations shall be inspected
as installed. ,
(2) Framing Inspection. To be made after all structural fra-
ming is in place and all roughing-in of plumbing and
electrical and heating has been installed, after all fire
blocking, chimnegs, bracing and vents are installed, but
before any of the structure is enclosed or covered. Poured
in place concrete structural elements shall be insp~cted
before each pour of any structural member.
(3) Fireproofing Inspecti.on. To be made after all areas re-
quired to be protected by fireproof is applied.
(4) Final Inspection. To be made after building or structure
has all doors hung, £ixtures set, and ready for occupancy,
but before the building is occupied.
62~
s 2 8 MINUTES OF THE MEETING - MAY 3, 1971 -(CONTINUED) -
APPROVAL BY BUIZDZNG CODE COUNCII, OF COUNTY REGULATORY CODES -(CONTINUED) -
(b) Calls for Inspection. Request for inspections may be made to the office of the
Inspection Department or to the appropriate inspector. The Inspection Department shall
make inspections as soon as practicable after request is made therefor, provided such
work is read~ for inspection at the time the reouest is made.
Reinspections may be made at the convenience of the inspector. No work
shall be inspected until it is in proper and completed condition ready for
inspection. Al1 work i•rhich has been concealed be£ore the inspection..and
approval shall be uncovered at the request of the inspector and placed in
condition for proper inspection. Approval or rejection of the work shall
be furnished by the appropriate inspector in the form of a notice posted
on the building or given to the permit holder or his agent. Failure to
call for inspections or proceeding without approval at each sta~e of construc-
tion shall be deemed a violation of this ordinance.
(c) Street or Alley Lines. Where the applicant for a permit proposes to erect
any building or structure on the line of any street, alley, or other public
place, he shall secure a survey of the line of such street, alley, or other
public place, adjacent to the property upon which such building or struc-
ture is to be erected. before proceeding with construction of such building
or structure. It shall be the duty of the Building Inspector to see that the
buildin~ does not encroach upon such street, alley, or other public place.
(d) Certificate of Compliance. No new building or part thereof shall be occupied,
and no addition or enlargement of any existing building shall be occupied,
and no existing building after being altered or moved shall be occupied, and
no change of occupancy shall be made in any existin~ building or part there-
of, until the Inspection Department has issued a certificate of compliance
therefor. A temporary certificate of compliance may be issued for a portion or por-
tions of a building which may safely be occupied prior to final Completion
and occupancy oi the entire building. Application for a certificate of com-
pliance may be made by the owner or his a~ent after all final inspections
have been made for new buildings, or, in the case of existing build.ings,
after supplying the information and data necessary to determine compliance
with this ordinance, the appropriate regulatory codes and the zoning ord.inance
for the occupancy intended. The 3nspection Department shall issue a certi-
ficate of compliance when, after examination and inspection, it is found
that the building in all respects cenforms to the provisions oF this ordinance,
the regulatory codes, and the zoning ordinance for the occupancy intended.
Section 2-6. Oversight Not to Legalize Violation. No oversight or d.ereliction oS
duty on the part of any inspector or other of£icial or employee of the Inspection Depart-
ment shall be deemed to legalize the violation of any provision of this ordinance or
any provision of an~ regulatory code herein adopted.
Section 2-7. Pourers of Inspection Officials.
(a) Authority. Inspectors are hereby authorized, empowered, and directed to en-
force all the provisions of this ordinance and the regulatory codes herein
adopted.
(b) Right-of-EntrSr. Inspectors shall have the right-of-entry on any premises with-
in the jurisdiction of the regulatory codes herein adopted at reasonable hours
for the purpose of inspection or enforcement of the requirements o£ this or-
dinance and the regulatory codes, upon presentation of proper credentials.
(c) Stop Orders. Whenever any building or structure or part thereof is bein~
demolished, constructed, reconstructed, altered, or repaired in a hazardous
manner, or in violation o£ any provision of this ordinance or any other~
County ordinance, or in violation of any provision of an~ regulatory code
herein adopted, or in violation of the terms of the permit or permits issued
therefore, or in such manner as to endanger life or property, the appropriate
inspector may order such work to be immediately stopped. Such order shall be
in writin6 to the owner of the property or to his agent, or to the person doing
the work, and shall state the reasons there£ore and the conditions under which
the work nay be resumed.
Article III. Enforcement
Section 3-1. Permits Re~uired.
(a) Building Permit. No person shall commence or proceed with the construction,
reconstruction, alteration, repair, removal, or demolition of ar~y buildin~
or other structure, or any part thereof, without a written permit therefore
from the building inspector; provided, however, that no building permit shall
be required for work the total cost of which does not exceed 9~200 set b,y
County Conmissioners and which does not involve any change of the structural
parts or the stairways, elevators, fire escapes or other means of egress of
the building or the structure in question. Zocal Board of Health approval of
property for septic tank required vrhere sewage system cannot be connected to
city sewer.
(b) Plumbin~ Permit. No person shall commence or proceed.r~ith the installation,
extension; or general repair of any plumbing system without a written permit
therefore from the plumbing inspector; provided, however, no permit shall
be required for minor repairs or replacements on the house side of a trap
to an installed system of plumbing if such repairs or replacements do not
disrupt the original water supply or the waste or uentilating s,ystems. Local
Board of Health approval of property for septic tank required where sewage
system cannot be connected to city sewer..
,
62~'
MINUTES OF THE MEETING - MAY 3• 1971 -(CONTINUED) -
APPROVAL BY BUILDING CODE COUNCIL OF COUNTY REGULATORY CODES -(CONTINUED) -
(c) Heating-Air Conditioning Permit. No person shall commence or proceecT
with the installation, extension, alteration or general repair of any
heating or cooling equipment system without a written permit from the
inspector designated by the Soard of Commissioners; provided, however,
no permit shall be required for minor repairs or minor burner services
or filter replacements of warm air furnaces or cooling system.
(d) SEE ANNEX °A", COUNTY OF NEW HF_NOVER CODE, "ELECTRICITY", FOLLOWING.
Section 3-2. Application for Permit. Written application shall be made for
all permits required by this ordinance, and shall be made on forms provided by the
Inspection Department. Such application shall be.made by the owner of the building
or structure affected or by his authorized agent or representative, and, in addi-
tion to such other information as may be required by the appropriate inspector
to enable him to determine whether the permit applied for should be issued, shall
~ show the following:
(a) Name, residence, and business address of owner;
,
(b) Name, residence, and business of authorized representative or agent, if an3>;
(c) Name and address of the contractor, if any, together with evidence that
he has obtained a certificate £rom the appropriate state licensing board
for such contractors, ii such be required for the work involved in the
permit for ~,~hich application is made.
Section 3-3. Plans and Specifications. Detailed plans and specifications
shall accompany each application for permit when the estimated total cost of the
building or structure is in excess of $20,000, and for any other building or struc-
ture where plans and speci£ications are deemed necessary by the appropriate inspec-
tor in order for him to determine whether the proposed work complies with the appro-
priate regulatory codes. Plans shall be drawn to scale with sufficient clarity
to indicate the nature and extent of the i,~ork proposed, and the plans and speci-
fications together shall contain information su£ficient to indicate that the work
proposed will conform to the provisions o£ this ordinance and the appropriate
regulatory codes. Where plans and specifications are required, a copy of the same
shall be ~ept at the work until all authorized operations have been completed and
approved by the appropriate inspector.
Section 3-4. Limitations on Issuance of Permits.
(a) No building permit shall be issued for any buildin~ or structure the es-
timated total cost of which is more than $20,000 unless the work is to
be performed by a licensed general contractor.
(b) No building permit shall be issued for any building or structure, other
than a one or two family dwellin~, the estimated total cost of'wl~ich is
more than f~20,000 unless the plans bear the North Carolina seal of a
. registered architect or a registered engineer.
(c) Where any provision of the General Statutes of North Carolina or of
any ordinance requires that work be done by a licensed specialty contrac-
tor of any kind, no permit for such work shall be issued unless it
is to be performed by such licensed specialty contractor.
(d) Where detailed plans and specifications are required under this ordinance,
no building permit shall be issued unless such plans and specifications
have been provided.
Section 3-5. Tssuance of Permit. When proper application for a permit has
been made, and the appropriate inspector is satisfied that the application and
the proposed iaork comply with the provisions.of this ordinance and the appropriate
regulatory codes, he shall issue such permit, upon payment of the proper fee or
fees as hereinafter provided in Section 3-9.
Section 3-6.; Revocation of Permits. The appropriate inspector may revoke
and require the return of any permit by notifying the permit holder in writing sta-
ting the reason for such revocation. Permits shall be revoked for any material
departure from the approved application, plans, or specifications; for refusal
or failure to comply vrith proper orders of the inspector; £or refusal or failure
to comply with requirements of this ordinance and the appropriate regulatory codes;
or for false statements or misrepresentations made in securin~ such permit.
Section 3-']. Time Limitations on Validit3- of Permits. All permits issued
under this ordinance shall expire by limitation six (6) months after the date o£
issuance if the work autYiorized by the permit has not been commenced. If after
commencement the work is discontinued for a period of twelve (12) months, the
permit therefor shall immediately expire. No work authorized by any permit vrhich
has expired shall thereafter be performed until a new permit therefor has been
secured.
Section 3-8. Changes in Work. After a permit has been issued, chan~es or
deviations from the terms of the application and permit, or changes or deviations
from the plans or specifications involving any work under the jurisdiction of this
ordinance or of any regulatory code adopted herein, shall not be made until specific
written approval of such changes or deviations has been obtained from the appro-
priate inspector.
630
MINUTES OF THE MEETING - MAY 3, 1971 -(CONTINUED) -
P.PPROVAL BY BUILDING CODE COUNCIL OF COUNTY REGULkTORY CODES -(CONTINUED) -
Section 3-9. Permit Fees. Fees for permits shall be based upon the total
estimated cost of the proposed work, including all sub-contracts if any, but in
no case shall the total estimated cost be less than the market value of similar
completed work in the County as determined by the appropriate inspector or inspec-
tors. Permit fees shall be as follows:
(a) Buildin Permit Fees (see schedule of fees in office of Building In-
spector~
(b) Plumbin Permit Fees (see schedule of fees in o£fice of Plumbing In-
spector~
(c) Heating-Air Conditioning Permit Fees (see schedule of fees in office of
inspector designated by the Board o£ Commissioners)
(d) Electrical Permit Fees (see schedule of fees in office of Electrical
Inspector)
Article IV. Enforcement of Zoning Ordinance
Section 4-1. Duty of Inspection Department. No permit for alteration, re-
pair or construction of any building or structure shall be issued unless the plans
and specifications show that the building or structure, in its proposed use, will
be in compliance with applicable provisions of the New Hanover Count,y Zoning
Ordinance.
Article [T. Construction of Article
Section 5-l. It is the le~islative intent of the Board of Commissioners that
in enacting this ordinance each section and subdivision is separate and divisible
from any other. section, and if any provision hereof should be held or~declared by
a court o£ competent jurisdiction to be invalid for any reason, such decision or
holding shall not affect the validity of any-other section or provision hereof.
The powers, duties, privileges and responsibilities conferred upon the
Inspection Department under this ordinance are supplemental to the powers, duties,
privileges and responsibilities con£erred upon the Inspection Department by
Article 2~ of Chaptes 153 of the General Statutes of North Carolina."
~~ANNE% ~~A~~
COUNTY OF NEW AANOVER CODE
"ELECTRICITY"
ELECTRICITY
Article I. In General
8-1. Definitions.
8-2. When roughing-in work considered complete.
8-3. Liability for damages.
Article II. Electrical Tnspector
Division l. Generally
.
8-4. Creation of office.
8-5. Qualifications. .
8-6. Appointment.
8-7. Powers and duties generally.
8-8. Enforcement of state law, etc.
8-9. List of inspected and approved electrical materials, etc.
8-10. Records; monthly reports.
8-11. Engaging in business of selling, etc., electric wiring, devices, etc.
8-12. Right of entry.
8-13. Emergency cutting or disconnection of wire.
8-14. Disconnection of or discontinuance of service to dangerous wiring, devices, ete.
8-15. Failure, etc., to correct defects in wiring in building after notice.
8-16. Removal of unsafe poles and towers and relocation of certain installations.
8-1'7. Correction of defects in original wiring system due to additions and alterations.
8-18. Instruments and tools.
Division 2. Permits for Installation o£ Electrical Wiring, Etc.
Subdivision I. Generally
8-19• Required.
8-20. Not required fdr minor repair work.
8-21. Not required £or installation, etc., by electrical public service corporation
for use in generation, etc., of electricity, etc.
8-22. Submission o£ plans of installation, etc.
8-23. Issuance to holder of state license as electrical contractor.
8-24. Requirements as to work done by person upon his own property.
,
~ 6 ~3;1 ~
MINUTES OF THE MEETING - MAY 3 1971~- (CONTINUED) -
APPROVAL BY BUILDING CODE COUNCIL OF COUNTY REGULATORY CODES -(CONTINUED),-
Subdivision II. Annual Permits
8-25.
8-26.
8-2'7.
8-28.
8-29.
8-30.
8-31.
8-32.
8-33.
Issuance. •
Form of application.
Term.
Record of electric wiring, etc., installed.
Subdivision III. Fees
Schedule.
To be charges for inspection.
When paid.
Minimum fee.
For extra electrical inspections.
Dinision 3. Inspection, Certificates of Approval, Etc.
Subdivision I. Generally.
8-34. Inspection of electric wiring, etc., required.
8-35. Notice of completion of installation; inspection upon completion of installation.
8-36. Notice when wiring is to be hidden; inspection upon receipt of,notice as to
hiding of wiring.
8-3'7. Inspection of original wirin~ system upon inspection of changes or alterations
therein.
8-38. Extra electrical inspections.
8-39. Issuance and disposition of certificates of approval generally.
8-40. Certificates o£ approval issued with reference to temporary work.
8-41. Preliminary certiYicates of approval.
Subdivision II. Work Done Under Annual Permit.
8-42. Inspection.
8-43. Certificate of approval.
8-44. Notice and correction of defects.
Article III. Board of Examiners of Electricians.
Division 1. Generally
8-45. Establishment.
8-46. Composition; appointment and term of inembers.
Division 2. Certificates of Competence.
Subdivision I. Generally
8-47. Prerequisite to doing electrical work.
Subdivision II. Electrical Contractors.
8-48. Issuance.
8-49. Prerequisite to electrical contractors engaging in business.
Subdivision III. Journeymen Electricians and Apprentice Electricians.
8-50. To work for electrical contractor. '
8-51. Passage of examination prerequisite to certificate of competence.
8-52. When examination held.
8-53. Examination fee.
8-54. Issuance.
8-55- Appeal from refusal to issue. ,
Article N. Standards and Specifications.
8-56. Installation standards.
8-57. Compliance with laws as to electrical wiring installation and chapter.
8-58. Area of jurisdiction.
Article I. In General.
Sec. 8-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have
the meanings respectively ascribed to them by this section:
Apprentice electrician. The words "apprentice electrician" shall be taken
to mean a person who does any work of installing wires, conduits, apparatus,
fixtures and other appliances for hire under the direction and supervision
of an electrical contractor or a journeyman electrician.
Insbection. The word "inspection" shall be taken to mean the necessary
scrutiny and checking of a wiring installation to determine whether or
not the installation has been made in conformity with state and local laws
governing wiring installations and materials.
Journe.yman electrician. The term "journeyman electrician" shall be taken to
mean a person at least eighteen years of age, who does any work of installing
wires, conduits, apparatus, fixtures and other appliances for hire.
~
s3z
MINUTES OF THE MEETING - MAY 3, 1971 -(CONTINUED) -
APPROVAI~ BY BUILDING ~Oi)F f"~tTNCIL ~F C'OUNTY REGULATORY CODES -(CONTINUED) -
Electrical contractor. The.term "electrical contractor" shall be taken to
mean a person who, by the employment of journeymen electricians or appren-
tice electricians, performs the work of installing wires, conduits, apparatus,
fi~ctures and other appliances for carrying or using electricity for light,
heat and power purposes or who holds himself out to the public or advertises
to take contracts for the installation of electric wires, conduits, apparatus,
£ixtures and other appliances for carrying or using electricity for light,
heat or power or the alteration, renewal or repair of the same.
Sec. 8-2. When roughing-in work considered complete.
In making electrical installation, no roughing-in work shall be considered
complete until all joints are properly made, soldered and taped and until all ser-
vice switches, control switches, circuit cabinets and receptacles, together with
their appropriate trims and covers, are properly placed and the grounding connec-
tions have been made.
Sec. 8-3. Liability for damages.
This chapter shall not be construed to relieve from liability, or less the
responsibility of, an~ person owning, operating, controlling or installing any
electric r~iring, devices, appliances or equipment for damages to person or pro-
perty caused by any defect therein, nor shall the County be held to assume any
such liability by reason of inspection as authorized in this chapter or the certi-
ficate of approval issued as provided in this chapter.
Article II. Electrical Inspector.
DIVISION 1. GIIVERAI,LY.
Sec. 8-4. Creation of Of£ice.
There is hereby created the ofYice o£ electrical inspector.
Sec. 8-5. Qualifications.
The person chosen to fill the office of electrical inspector should have at
least a high school education and shall be a competent electrician of good moral
character. He shall be possessed of such excessive ability as is requisite for
the efficient performance of his duties. He shall have a thorough knowledge
of the standard materials and methods used in the installation of electric wiring,
devices, appliances and equipment. He shall be well versed in.approved methods
of electrical construction for safety to life and property, the statutes of the
state relating to electrical work, the rules and regulations issued under authority
of the statutes, the National Electrical Code, as approved by the American Stand-
ards Association and the Plational Electrical Safety Code, as approved by the Amer-
ican Standards Association. Inspectors to be examined and qualified by the State
Insurance Department. G8 153-9 ~4']A)
Sec. 8-6. Appointment.
The electrical inspector shall be appointed by the County Administrator.
Sec. 8-7. Powers and duties generally.
The electrical inspector shall issue permits for and make inspections oY
all new electrical installations and issue such other permits and make such other
inspections as may be required by the County Commissioners. He shall, upon appli-
cation, grant permits for the installation or alteration of electric wirin$, de-
vices, appliances and equipment. He shall make inspections for all new electrical
installations and reinspections as provided in this article.
Sec. 8-8. Enforcement of state law, etc.
It shall be the duty o£ the electrical inspector to enforce all state and lo-
cal laws governing electrical installations and materials.
Sec. 8-9. List of inspected and approved electrical materials, etc.
The electrical inspector shall keep on file a list of inspected and approved
electrical materials, devices, appliances and equipment issued by Underwriters'
Lab~oratories, Inc., which list shall be accessible for public reference.
Sec. 8-10. Records; monthly reports.
The electrical inspector shall keep complete records of all permits issued,
inspections and reinspections made, fees collected and other official work per-
formed in accordance with the provisions of this chapter. The electrical inspector
shall make a monthly report to the County Administrator of all permits issued,
inspections made and fees collected.
Sec. 8-11. Engaging in business of selling, etc., electric wiring, devices, etc.
The electrical inspector shall not engage in the business of selling, in-
stalling or maintaining electric wiring, devices, appliances or equipment, either
directly or indirectly, and shall have no financial interest in any concern en-
gaged in such business at any time while holding such office as electrical inspec-
tor. This section shall also apply to any assistant to the electrical inspector.
b ~i ~i '
MINUTES OF THE MEETING - MAY 3. 19~1 -(CONTINUED) -
APPROVAL BY BUII,DING CODE COUNCII, OF COUNTY REGULATORY CODES -(CONTINUED) -
Sec. 5-12. Right of entry.
The electrical inspector may, during reasonable hours, enter any building in
the discharge of his official duties or for the purpose of making, under the pro-
visions of this chapter, any inspection, reinspection or test of the installation
o£ electric wiring, devices, appliances and equipment contained therein.
Sec. 8-13. Emergency cutting or disconnection of wire.
The electrical inspector may cut or disconnect any wire in cases of emergency
where necessary for safety to life and property.
,.
Sec. 5-14. Disconnection of or discontinuance of service to dangerous wiring, de-
vices, etc.
The electrical inspector may disconnect or or.der the discontinuance oP elec-
trical service to any electric wiring, devices, appliances or equipment found to
be dangerous to life or property because of defect or defective installation until
such wiring, devices, appliances and equipment and their installations have been
made safe and approved by the electrical inspector.
Sec. 8-15. Failure, etc., to correct defects in wiring in building after notice.
It shall be unlawful for any person to fail, neglect or refuse to correct any
defects in the wiring of a buildin~ within a reasonable specified time after havin~
b.een notified in writing by the electrical inspector.
~. ,~
Sec. 8-16. Removal of unsafe poles and towers and relocation of certain installations.
The electrical inspector, subject to the approval of the County Administrator
may compel the removal of unsafe poles or towers or the relocation of installations
which do not conform to the provisions of sections 8-56 to 8-58. Any person owning
such poles, towers or installations who shall fail or refuse, after five da~s' no-
tice, to remove unsafe poles or towers or relocate such installation as required
by the electrical inspector, subject to the approval of the County Administrator,
shall be guilty of a misdemeanor.
Sec. 8-1~. Correction of defects in original wiring system due to additions and
alterations.
If any defects in the original electric wiring system of a building due to
additions or alterations to such ori~inal electric wiring system are found upon
inspection made pursuant to section 8-3'], the electrical inspector shall require
such corrections as are necessary to take care of the defects and loads which have
been added due to such additions and alterations. ~
Sec. 8-18. Instruments and tools.
The County Administrator shall provide the electrical inspector with'the
instruments necessary for him properly to make electrical inspection. The elec-
trical inspector shall have and use the necessary instruments and tools for testing
each electrical installation as to insulation, continuity, polarity, etc.
DIVISION 2. PERMITS FOR INSTALLATION OF ELECTRICAL WIRING, ETC.
Subdivision I. Generally.
Sec. 8-19. Required.
Except as provided in sections 8-20 and 8-21, any person desiring to install
any electric wiring, devices, appliances or equipment within or on any building,
structures or premises in the County or desiring to make any alteration in or
addition to any existing wiring, devices, appliances or equipment within or on
any such building, structure or premises shall secure a permit therefor from the
electrical inspector.
Sec. 8-20. Not required £or minor repair work.
No permit from the electrical inspector shall be required for minor repair work,
such as the replacement of lamps, or the connection of portable devices to suitable
receptacles which have been permanently installed.
Sec. 8-21. Not required for installation, etc., by electrical public service cor-
poration for use in generation, etc., of electricity, etc.
No permit £rom the electrical inspector shall be required
alteration or repair of electrical wiring, devices, appliances
by or £or an electrical public service corporation for the use
in the generation, transmission, distribution or metering of e
the use of such corporation in the operation of signals or the
genc:e.
for the installation,
and equipment installed
of such corporation
Lectrical energy, or for
transmission of intelli-
Sec. 8-22. Submission .of plans of installation, etc.
Any person desiring a permit as required in section 8-.19 sha11, when making
application therefor, Purnish to the electrical inspector such plans of the elec-
trical wiring, devices, appliances or equipment to be installed, altered or added
to pursuant to the permit applied for as may be required by the electrical inspector.
:
634
MINUTES OF THE MEETING - MAY 3, 1971 -(CONTINTJED) -
APPROVAI~ BY BUIL-ING CODE COUNCIL OF COUIVTY REGULATORY CODES -(CONTINUED) -
Sec. 8-23. Issuance to holder of state license as electrical contractor.
No permit as required in section 8-1~, except an annual permit, issued as pro-
vided in section 8-25, or a permit pursuant to which a person may perform electrical
work on his own property, issued as provided in section 8-24, shall be issued to
any person unless such person is the holder of an electrical contractor's license
issued by the state board of examiners o£ electrical contractors.
Sec. 8-24. Requirements as to work done by person upon his own property.
Any person may be permitted to perform electrical work upon his own property,
except property intended for rent, sale or gift; provided, he first obtains a permit
from the electrical inspector to do the specific work contemplated. Any person de-
siring a permit under such circumstances shall make application therefor to the
electrical inspector. He shall also satisfy the electrical inspector that he is com-
petent to perform the work for which permit is requested, in a manner which will
meet all requirements. If so satisfied, the.electrical inspector shall issue a
permit to such applicant personally to perform the particular work for which appli-
cation was made. Such permit shall extend to the applicant only and shall not authorize
the applicant to employ the services of any other person to assist him unless such
other person is an electrical contractor qualified under this chapter. Such permit
shall automatically expire upon completion of the work £or which application was
made and the permit issued. All work done under such permit shall be subject to
regular electrical inspection requirements and fees and shall be required to
satisfy all requirements and regulations applicable to such work.
Subdivision II. Annual Permits
Sec. 8-25. Issuance.
In lieu of an individual permit for each installation or alteration, as required
in section 8-19, an annual permit shall, upon application therefor to the electri-
cal inspector, be issued to any person regularly employing one or more electricians for
the installation and maintenance of electric wiring, devices, appliances and equip-
ment on premises owned or occupied by the applicant for the permit.
Sec. 8-26. Form of application.
The application for an annual permit as provided for in section 8-25 shall
be made in writing, and shall contain a description of the premises within which
work is to be done under the permit.
Sec. 8-2'7. Term.
Each annual permit issued pursuant to section 8-25 shall expire on December
thirty-first of the year in which it was issued.
Sec. 8-28. Record of electric wiring, etc., installed.
The person to whom an annual permit is issued pursuant to section 8-25 shall
keep a record of all electric wiring, devices, appliances and equipment installed
under such permit and the electrical inspector shall have access to such record.
Subdivision III. Fees.
Sec. 8-29• Sehedule.
EStcept as provided in section 8-32, the fees for the inspection of electric
wiring, devices, appliances and equipment in any building in the County, installed
or made pursuant to a permit issued by the electrical inspector under the pro-
visions of this article; shall be as provided in the following schedule:
(a) All outlets for 1i~hts and switches, except main switch, cabinet and meter
outlets installed on all types of construction, as £ollows:
1 to 5 outlets . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.50
6 to 12 outlets . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
13 to 20 outlets . . . . . . . . . . . . . . . . . . . . . . . . . . 2.50
21 to 30 outlets . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00
31 to 45 outlets . . . . . . . . . . . . . . . . . . . . . . . . . . 3.50
46~to 60 outlets . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00
61 to 75 outlets . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50
'76 to 90 outlets . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
And $1.00 for each additional 25 outlets or fraction thereof.
(b) Fixtures and receptacles not included in (c), as follows:
1 to 5 fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.00
6 to 12 fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . 1.25
13 to 20 fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50
21 to 30 fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . ~2.00
31 to 45 fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . 2.50
46 to 60 fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00
61 to 75 fixtures . . . . . . . . . . . . . . . . . . . . . . . . . 3.50
'76;~to 90 fixtures . . . . . . . . . . 4.00
And $1.00 for each~additional 25~fixtures or~fraction thereof.
(c) rotors and generators of more than one-quarter horsepower (those of less
than this shall be considered as an outlet or fixture), as follows:
Less than 5 H. P. .
~ . . . . . . . . . . . . . . . . . . . . 961.50
5 H. P. and less than 10
H. P . . . . . . . . . . . . . . . . . . . . 2.00
10 H. P, and less than 15 H. P . . . . . . . . . . . . . . . . . . . . 2.50
15 H. P, and less than 25 H. P . . . . . . . . . . . . . . . . . . . . 3.00
25 H. P. and less than 50 H. P . . . . . . . . . . . . . . . . . . . . 3.50
b~J
MINUTES OF TfIE MEETING - MAY 3, 1971 -(CONTINUED) -
APPROVAL BY BUILDING CODE COUNCZL OF COUN'i'Y REGUI,ATORY CODES -(CONTINUED). -
50 H. P. and less than ~5 H. P . . . . . . . . . . . . . . . . . . . . 9b4.00
~5 H. P. and less than 100 H. P. . . . . . . . . . . . . . . . . 4.50
And $1.00 for each additional 25 H. P. or fraction~thereof.
(d) Service installations, as follows: •
Up to 100 amperes, each . . . . . . . . . . . . . . . . . . . . . . . . . . ~1.50
Up to 200 amperes, each . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
Up to 400 amperes, each . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00
Over 400 amperes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00
(e) Special circuits, as follows:
Electric Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~1.50
Water Heater . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50
Unspecified Work . . . . . . . . . . . . . . . . . . . . . . . . . 2.OO.to 4.00
Oil Burner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50
Automatic Stoker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50
Light Transformers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50
a/c to 5 x. p. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 1.So
Temporaxg Pole Service . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
Space Heaters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50
Electric Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50
r
(f). For mileage add . . . . . . . . . . . . . . . . . . . . . . ~1.00
(g) Each extra inspection . . . . . . . . . . . . . . . . . . 2.00
h) Any inspection not speciPied . . . . . . . . . . . . . . . . 2.00
~i) Minimum fee per permit . . . . . . . . . . . . . . . . . . . . . 2.00
Sec. 8-30. To be charged for inspection.
The fees provided for in this subdivision are hereby declared and deter-
mined to be proper and necessary charges for adequate and necessary inspections
made pursuant to the provisions of this chapter.
Sec. 8-31. When paid.
The fees provided for in this subdivision shall be paid in advance before
any permit is issued by the electrical inspector under the provisions of this
article, except the fees paid with respect to inspections made pursuant to
an annual permit issued as authorized in section 8-25, which fees so paid with
respect to inspections made pursuant to such annual permit shall be paid at the
time of the making of the inspections.
Sec. 8-32. Minimum £ee.
No permit for the installation oP electrical wiring, devices, appliances or
equipment shall be issued by electrical inspector under the provisions of this
article £or a fee of less than three dollars.
Sec. 8-33. For extra electrical inspections.
The fee for each extra electrical inspection, as provided in section 8-38,
shall be three dollars.
DIVISION 3. INSPECTION, CERTIFICATES OF APPROVAI,, ETC.
Subdivision I. Generally
Sec. 8-34. Inspection oS electric wiring, etc., required.
All electric wiring, devices, appliances or equipment installed within or
on any building, structure or premises in the County and all alterations in or
addition to any existing wiring, devices, appliances or equipment within or on
any such building, structure or premises installed, altered or made pursuant to
a permit as required in this article shall be inspected by the electrical in-
spector.
Sec. 8-35. Notice of completion of installation; inspection upon completion o£
installation.
Except as provided in section 8-36, upon completion of ar~y electrical instal-
lation for which inspection by the electrical inspector is required, as provided
in section 8-34, the person making the installation shall notify the electrical
inspector, who shall inspect the installation within twenty-four hours, exclusive
of Saturdays, Sundays and holidays, of the time such notice is $iven or as soon
thereafter as practicable.
Sec. 8-36. Notice when wiring is to be hidden: inspection upon receipt of
notice as to hiding of wiring.
Then any part of an electric wiring installation is to be hidden from view
by the permanent placement oY parts of the building, the person installing such
wiring shall notify the electrical inspector and such parts of the wiring install-
ation shall not be concealed until they have been inspected and approved by the
electrical inspector or until twenty-four hours exclusive of Saturdays, Sundays
and holidays shall have elapsed from the time of such notification; provided,that
on large installations, where the concealment of parts of the wiring prooeeds con-
tinuously, the person installing the wiring shall give the electrical inspector
due notice and inspections shall be made periodically during the pro~ress of the
work.
• _. _ ~
6`~ 6 MINUTES OF TF~ MEETIRTG - MAY 3. 1971 -(
) -
APPROVAL BY BUZLDING CODE COUNCIL OF COUNTY REGULATORY CODES -(CONTINUED) -
Sec. 8-3']. Inspection of original wiring system upon inspection o£ changes or
alterations therein.
When inspections are necessary due to changes or alterations in the original
wiring system of a building „the electrical inspector shall make an inspection of
the original installation.
Sec. 8-38. Extra electrical inspections.
Additional inspections or inspection trips by the electrical inspector, made
necessary through the failure of any electrical contractor, journeyman electrician
or apprentice electrician in charge oP work to specify the location of the work or
the failure to install electric wiring, devices, appliances or equipment in pro-
per manner or the creation bg any electrical contractor, journeyman electrician
or apprentice electrician in charge of work o£ conditions making such additional
inspections or trips necessary, are hereby designated "extra electrical inspec-
tions." For each such "extra electrical inspection,"''a fee in the amount desig-
nated in section 8-33 shall be charged against and paid to the County by the elec-
trical contractor involved. Nothing in this section shall be construed to require
extra fees for several inspections necessary in the regular order of electrical
construction work.
Sec. 8-39. Issuance and disposition o£ certificates of approval generally.
When, upon inspection, the electrical inspector £inds an electrical install-
ation to be in:~conformity with the provisions of the laws of the state governing
electrical wiring installations and materials and of this chapter, he shall issue,
in duplicate, a certificate of approval, authorizing the connection and use of
the work inspected. One copy of the certi£icate of approval shall be for the
utility furnishing the electrical service and one shall, be for the property owner.
Sec. 8-40. Certificates of approval issued with reference to temporary work.
When a certi£icate of approval is issued authorizing the connection and use
o£ temporary electrical work, such certificate of approval shall be issued to
e~rpire at a time to be stated therein and shall be revocable by the electrical
inspector for cause.
Sec. 8-41. Preliminary certificates o£ approval.
A preliminary certificate of approval may be issued authorizing the connec-
tion and use o£ certain specific portions oS an imcompleted electrical installa-
tion. Such certificate of approval shall be revocable at the discretion of the
electrical inspector.
Subdivision II. Work Done Under Annual Permit.
Sec. 8-42. I~nspection.
At regular periods, the electrical inspector shall visit all premises where
work may tie done under an annual permit issued as provided in section 8-25 and
shall inspect all electric wiring, devices, appliances and equipment installed
under such permit since the date of his last previous inspection.
Sec. 8-43. Certificate of approval.
I£ the installation of electric wiring, devices, appliances and equipment
done under an annual permit and inspected pursuant to Section 8-42 is found upon
such inspection to be fully in conformity with the provisions of this chapter,
the electrical inspector shall issue a certificate of approval, as provided in
Section 8-39 for such work, after the requisite fee has been paid.
Sec. 8-44. Notice and correction of de£ects.
If the installation of electric wiring, devices, appliances and equipment
done under an annual permit and inspected pursuant to Section 8-42 is not found
upon such inspection to be fully in conformity with the provisions of this chap-
ter, the electrical inspector shall at once forward to the person a written
notice statin$ the defects which have been found and requiring the correction of
such defects within a reasonable time... It shall.be unlawful for ar~y person
receiving such notice to fail, neglect or refuse to comply therewith.
Article III. Board of Examiners of Electricians.
DIVISION 1. Gr.~vr.tcALI,Y.
Sec. 8-45. Establishment.
There is hereby established a board of examiners of electricians.
Sec. 8-46. Composition; appointment and term of inembers.
The board of examiners of electricians shall consist of six members, one of
whom shall be the county electrical inspector, the city electrical inspector, two
electrical contractors, one power company employee and one electrical consulting
engineer. The members of the board of examiners of electricians, with the ex-
ception o£ the city electrical inspector, and county inspector, shall be appointed
by the City Council and New Hanover County Commissioners, and shall serve from the
date of appointment for a period of one year or until their successors are ap-
pointed and qualified.
MINLTTES OF Tf~ MEETING - MAY 3, 1971 -(CONTINUED) - .
APPROVAL BY BUILDING CODE COUNCII, OF COUNTY REGUI~ATORY CODES -(CONTINUED), -
DNISION 2. CERTIFICATES OF COMPETENCE.
Subdivision I. Generally.
. Sec. 8-4'7. Prerequisite to doing electrical work. -
No person, whether for hire or otherwise, shall do, enter into, engage in or
work at the business o£ installing wire, conduits, apparatus, fixtures or other
appliances for carrying or using electricity for lights, heat or power purposes
in the county, either as an electrical contractor, a journeyman electrician or an
apprentice electrician, unless such person shall have a.proper certificate of
competence issued, by the board of examiners of electricians, in accordance with
the provisions set out in this article.
Subdivision II. Electrical Contractors.
Sec. 8-48. Issuance.
A certificate of competence as an electrical contractor, as required in sec-
tion 8-4'7, shall be issued by the board of examiners of electricians to an elec-
trical contractor upon prooY of possession by such electrical contractor of an elec-
trical contractor's license issued by the state board of electrical examincrs.
Sec. 8-49. Prerequisite to electrical contractors engaging in business.
An electrical contractor holding an electrical contractor's license issued
by the state board of examiners of electrical contractors may engage in the busi-
ness of electrical contracting in the county.
Subdivision III. Journeymen Electricians and Apprentice
Electricians.
Sec. 8-50. To work for electrical contractor.
Journeymen electricians and apprentice electricians shall work for an elec-
trical contractor and under the license issued to such electrical contractor.
Sec. 8-51. Passage of examination prerequisite to certificate of competence.
Any person desiring a certificate of competence as a journeyman electrician
or an apprentice electrician, as required in section 8-4'7, shall appear before the
board of examiners of electricians and pass such examination as such board may
deem proper to establish that the applicant for the certificate of competence in
question has sufficient knowledge, both theoretical and practical, and sufficient
experience to qualify him to perform the duties of a journeyman electrician or
apprentice electrician.
Sec. 8-52. When examination held.
It shall be the duty of the board of examiners of electricians, upon the re-
quest of one or more persons desiring to take the examination provided for in
section 8-51, to hold an examination.
Sec. 8-53. E~amination Fee.
Every person desiring to take the examination provided for in section 8-51
shall deposit with the board of examiners of electricians the sum of five dollars
to defray the costs of such examination.
Sec. 8-54. Issuance.
If the board of examiners of electricians is satisfied that a person taking
the examination provided for in section 8-51 has sufficient knowledge and ex-
perience, as required in such section; the board shall issue to such applicant
the appropriate certificate of competence as a journeyman electrician or an
apprentice electrician, as the case may be.
Sec. 8-55. Appeal from refusal to issue.
Should the board of examiners of electricians refuse to issue a certi£icate
of competence as a journeyman electrician or as an apprentice el.ectrician to a
person who has taken the examination provided for in section 8-51, such person
may appeal from such refusal to the County Commissioners. Upon such appeal, the
County Commissioners shall inquire into the fitness of such person to hold the de-
sired certificate of competence and shall either affirm the holding of the board
of examiners o£ electricians in refusing to issue a certificate of competence or,
if such person shall be found by the County Commissioners to be a fit person to
hold such certificate of competence, the County Commissioners may overrule the
decision of the board of examiners of electricians and cause the appropriate
certificate of competence to be issued to such appellant in the conformity with
the provisions of this article.
Article IV. Standards and Specifications.
Sec. 8-56. Installation standards. ,
All installations shall be in conformity with the provisions of the laws of
the state governing electrical wiring installations and materials and this article.
(5-10-65•)
63~
638
MINUTES OF THE MEETING - MAY 3. 1971 -(CONTINUED) -
APPROVAL BY BUILDING CODE COUNCIZ OF COUNTY REGULATORY CODES -(CONTINUED) -
Sec. 8-5']. Compliance with laws as to electrical wiring installation.
SEVEN LOCAL OPTION RULES SUPPLII~NTING NATIONAL ELECTRICAZ CODE REVISED BY TI~
NUR'PH CAROLINA STATE BUILDING CODE COUNCIL OCTOBER 6. 197U
The following rules are intended to apply to permanent buildings or structures
covered by the National Electrical Code:
1. Al1 wiring on or in permanent buildings or structures located within a
defined first fire district shall utilize approved raceways or metal jacketed ca-
bles sueh as MI, ALS or Metal Clad Type MC (Type A. C. not allowed) where permitted
by the National Electrical Code.*
2. (a) All wiring on or in permanent buildings or structures, wherever situ-
ated, which are required to have a Tv~e I Emer~encv Power Source as listed in Table
1125 of the State Building Code shall utilize approved raceways or metal jacketed
cables such as MI, ALS or Metal Clad Type MC (Type A. C. not allowed) where per-
mitted by the National Electrical Code; -- except that all portions of the re-
quired emergency lighting system for the entire building and all power and lighting
wiring within an assembly area of 2500 square feet (200 persons at 12}~z square feet
per person) or more shall be wired in metal raceway, Type ALS, or Type MI cable
where permitted by the National Electrical Code.*
(b) When calculating the total area of a~y specific place of assembly,
the area of connecting rooms with moveable partitions and balconies shall be in-
cluded in the total. The assembly area requirements shall apply to sanctuaries
and similar places of worship. .
3. (a) A11 permanent buildings, wherever situated, which are required to
have a Type II Emergency Power Source as listed in Table 1125 of the State Build-
ing Code, shall have the service entrance conductors enclosed in approved race-
way; and in addition to the above, all portions of the required emergency lighting
system for the entire buildin and all power and lighting wiring within an assem-
bly area oS 2500 square feet ~200 persons at 12}¢ square feet per person) or more
shall be wired in metal raceway, Type ALS, or Type MI cable where permitted by
the National Electrical Code.*
(b) When calculatin$ the total area of any specific place of assembly,
the area of connecting rooms with moveable partitions and balconies shall be in-
cluded in the total. The assembly area requirement shall apply to sanctuaries and
similar places of worship.
4. All permanent buildings or structures, wherever situated, utilizing vol-
tage exceeding 250 volts to ground for power and lighting systems (services, feeders,
and branch circuits, etc.) shall require throughout the use of approved raceways '
or metal jacketed cables such as MI, ALS or Metal Clad Type MC, where permitted
by the National Electrical Code.*
' EXCEPTION
These requirements do not apply to low voltage signal or control circuits
of 50 volts or less except where failure of such circuits would create a
hazard.
5. Each individual gasoline pump, dispenser, lighting standard or other
electrical devices located where gasoline or other volatile flammable liquids
or liquefied flammable gases are transferred to the £uel tank of any motor ve-
hicle shall be sup.plied through an:individual rigid metal conduit. The above
is not intended to prohibit the consolidation of such individual conduits out-
side o£ the hazardous areas.
6. Service equipment shall not be located in any attic, clothes closet,
kitchen storage cabinet, bathroom, toilet room, coal or trash bin.
'7. All panelboards which have spare pole spaces or spare ouer-current
devices and are set flush in masonry or finished walls shall be provided with at
least one metal raceway or other provision for future extensions. Such race-
ways, when required, shall be installed to the basement, crawl space, accessible
ceiling space or attic, or to a junction box in side wall or ceiling.
Sec. 8-58. Area of Jurisdiction.
The foregoing provisions app19 to the area within the County beyond the cor-
porate limits of a municipality not exercising the one mile jurisdiction; and one
mile beyond the corporate city limits Yor all municipalities exercising the one
mile jurisdiction."
The Inspectors and County Attorney will be furnished certified copies.
Mr. Hall inquired about outcome of ineeting on plastic pipe held recently. He was ad-
vised the code permits certain grades of plastic pipe, but some plastic pipe is toxic;
problem is it will be used by part time plumbers.
By common consent it was agreed to write the Building Code Council to get behind
legislation to prevent use oY.plastic pipe which does not meet the State requirements,
with copies of our letter to the State Legislators and Mr. John Morrisey.
MUTUAL ASSISTANCE AGREII"IENT.BETWEEN NEW HANOVER CQUNTY APTD CAROLINA BEACH -
Mr. Harriss advised he had a Mutual Assistance Agreement which has been signed by the
Mayor of Carolina Beach. This agreement authorizes furnishing of police aid in times of
emergencies.
Mr. Williams moved, seconded by Mr. Marks, that the Chairman be authorized to sign
the agreement. Motion carried unanimously.
,
639
MINUTES OF THE MEETING - MAY 3, 19~1 -(CONTINUED) -
MUTUAL ASSISTANCE AGREEMENT BETWEEN NEW HANOVER COUNTY AND CAROI,INA BEACH -(CONTINiJED) -
Mr. Harriss called attention to the fact that as soon as Wrightsville Beach signs,
this will be county-wide.
MEMO OF UNDERSTANDING BETWEEN N. C. AGRICUI,TURAL EXTENSION SERVICE - N. C. STATE uivlv~,RSITY
AND TF~ BOARD OF COUNTY COMMISSIONERS - .
Mr. Harriss stated the Board had been requested to sign "Memorandum of Understanding"
between the N. C. Agricultural E~ctension Service at N. C. State University and New Hanover
County. Mr. Bowden pointed out Item 3 required having annual budget approved by July 1
and the County never has been able to do this, Item 4-that the policies of the North Caro-
lina State University relative to the classification of the employees will app19 to all
County Extension workers, therefore they will not be classified under a County classification
s~stem; and Item 5-that County Extension Agents will be guided by Count~ policies relative
to ofPice hours and holidays. These employees are not in the merit system, not in the
County :system but are in a third system with the N. C. State University and are supposed
to abide by the policies the Commissioners establish insofar as holidays and office hours
are concerned.
~Ir. Marks pointed out County is not in conformity with Item 2- policy established
by the State o£ Idorth Carolina to be used as guide in granting annual, sick, civil and mili-
tary leave for County E~ctension personne]..
By common consent it was agreed to write Mr. Baggett pointing out these items brought
up and get a letter from him which would in effect amend this agreement. GThen the answers
are received, the subject will be discussed again.
SEDC-COUNCIL OF GOVERNMENTS -
Mr. Harriss stated there had been some criticism by one of our local people of the SEDC
and pointed out that on September 8, 19'70 the Board did pass a resolution favorin.g working
relationships between SEDC and Cape Fear Council of Governments. Also, the Board passed a
resolution designating with other counties a regional planning and economic development
commissioner for SEDC.
Mr. Marks moved, seconded by Mr. WiTliams, that the Board hereby rea£firm its position
of working agreement with the Cape Fear Council of Governments and the SEDC adopted by this
Board September 8, 1970. Motion carried unanimously. Mr. Harriss suggested press be
furnished this information.
MR. GEORGE GROOM -
Mr. George Croom spoke at this point e~ressing his dissatisfaction over several matters
of the County; namely, office of County Auditor being appointive rather than elective and
consolidation of City ancl County ~overnments.
FUNDS FOR STATE HIGHWAY COMMISSION MEETING AT BLOCSADE RLivivr.x. MAY 4 AND 5. 1971 -
Letter was received from the City of Wilmington asking the County to agree to appro-
priate $500 for entertainment of this group.
Mr. Marks moved, seconded by Mr. Hall, that the Board advise City of Wilmington the
County will share fi£ty-fi£ty with the City up to limit of $500 by County, funds to come
from the General Contingency Fund. Motion carried unanimously.
WRIGHTSVILLE BEACH BRIDGE -
Mr. Harriss read a letter £rom Mr. Hardy
Channel between Highways 'J4 and '76 bridges to
Wessell calling attention to section of Banks
be cut off by construction of the new bridge.
Mr. Wessell also pointed out section of Banks Channel is rapidly becoming a marsh land
and remainder of sound is being filled with silt. Mr. Wessell•is deeply concerned about it
becoming marsh land and thinks something should be done to get the area dredged. The Board
concurred with Mr. Wessell's views.
By common consent it was agreed the Chairman and County Administrator make the views
of the Board on this known to the proper authorities. Mr. Bowden will discuss this with
the proper people.
TAX COLLECTOR'S OFFICE -
Mr. Sowden advised the Board rr. Brandon had polled the Council members who are very
agreeable with the recommendations.made by Mr. Henry Lewis to reconstitute the Tax Col-
lector's office. ~
CHANGE OF NAME OF WATER AUTHORITY -
Mr. Bowden advised it will be necessary to hold a public hearing,•and he recommended
it be held at the next regular meeting, to change the name of the Wilmington-New Hanover
Water and Sewer Authority to Lower Cape Fear Water and Sewer Authority.
Discussion was held on question of another county needing water supply who feels if this
is a regional authority that county should have opportunity to appoint members to it. Mr.
Marks was of opinion Water Authority will appoint members from the counties. Mr. Williams
stated the counties would rather do it themselves than have someone else do it.
Mr. Marks moved, seconded by Mr. Oxenfeld, that the Chairman be authorized to sign
resolution authorizing publication of notice of ineeting to be held at 10:30 A.M. on Monday,
Ma~ 1'J, 19'71. Motion carried unanimously. Following is the resolution:
"RESOLUTION AUTHORIZING AND DIRECTING THE PUB-
LICATION OF A NOTICE OF PUBLIC HEARING ON THE
PROPOSED CHANGE OF NAME OF WILMINGTON- NEW HAN-
OVER WATER AND SEWER AUTHORITY TO LOWER CAPE
FEAR WATER AND SEWER AUTHORITY.
BE IT RESOLVED by the Board of Commissioners of New Hanover County that:
Section 1. The Board of Commissioners hereby finds, determines and de-
clares that on May 13, 19']0, the Secretary of 6tate of North Carolina issued a
Certificate of Incorporation for Wilmington-New Hanover Water and Sewer Authorit~*,
pursuant to the provisions of Chapter 162A of the General Statutes of North Car-
olina; that on December 29, 19']0, the Board of Directors of said Wilmington-
New Hanover Water and Sewer Authority adopted a resolution recommending that the
Articles of Incorporation of said Wilmington-New Hanover Water and Sewer Authority
640
MINUTES OF THE MEETING - MAY 3, 1971 -(CONTINUED) -
CHANGE OF NAME ~F WATER AUTHORITY -(CONTINtJED~ -
be amended to change the name thereof to 'Lower Cape Fear Water and Sewer Authority",
and that it is in the best interests of New Hanover County to join with the City of
Wilmington in approving an amendment to the Articles o£ Incorporation of said Wil-
mington-New Hanover Water and Sewer Authority changing the name thereof to "Lower
Cape Fear Water and Sewer Authority".
5ection 2. A public hearin~ will be held at 10:30 A.M., Ma.y 17, 19~1,
at the Commission Buildin~, 14 N. ,3rd St., Wilmin~ton, North Carolina, the regular
place of ineeting of the Board of Commissioners of New Hanover County, on a reso-
lution proposed to be adopted by the Board of Commissioners signiYying its deter-
mination to approve an amendment to the Articles of Incorporation of Wilmington-
New Hanover Water and Sewer Authority to change the name thereof to "Lower Cape
Fear Water and Sewer Authority".
Section 3. The Clerk of the Board of Commissioners of New Hanover County
is hereby authorized and directed to cause a notice of the public hearing to be
given by publication at least once, not less than 10 days prior to Mav 17, 1971,
the date fixed for such hearin~, in a newspaper having general circulation in New
Hanover County. Such notice shall be in substantially the following form:
NOTICE OF PUBLIC HEARING
ON Tf~ PROPOSED AMENDMENT TO THE ARTICLES OF INCORPORATION
OF YJILMINGTON-NEW HANOVER WATER AND SEWER AUTHORITY CHANGING
THE NAME •rnr:xEOF TO LOWER CAPE FEAR WATER AND SEWER AUTfiORITY
Notice is hereby giv.en that, pursuant to the North Carolina Water and
Sewer Authorities Act (Chapter 162A of the General Statutes of North Carolina, as
amended), a public hearing will be held at 10:30 A.M., on Monday, May 17, 1971,
at the Commission Buildin~, 14 N. 3rd St., Wilmin~ton, North Carolina, the regular
place of ineetin~ of the Board of Commissioners of New Hanover County, North Car-
olina, on a resolution proposed to be adopted by said Board o£ Commissioners signi-
£yin$ its determination to approve an amendment to the Articles of Incorporation
of Wilmington;New Hanover Water and Sewer Authority to change the name thereof to
"Zower Cape Fear Water and Sewer Authority", which resolution will authorize the
execution o£ the Amendment of the Articles of Incorporation of the Wilmington-
New Hanover Water and Sewer Authority substantially in the form set forth below.
The proposed Amendment of the Articles of Incorporation of the Wilming-
ton-New Iianover Water and Sewer Authority is as follows:
AMENDMENT OF R'HE
ARTICLES OF INCORPORATION
OF TIiE
WII,MINGTON-PTEW HANOVER WATER AND SEWER AUTHORITY
In compliance with the North Carolina Water and Sewer Authorities Act,
being Chapter 162A of the General Statutes of North Carolina, as amended, the City
Council of the City of Wilmington, North Carolina, pursuant to a resolution signi-
fying its determination to approve an amendment to the Articles of Incorporation
of Wilmington-New Hanover Water and Sewer Authority, and the Board of Commissioners
of New Hanover County, North Carolina, pursuant to a resolution signifying its
determination to approve an amendment to the Articles of Incorporation of Wil-
mington-New Hanover Water and Sewer kuthority, hereby certify that:
(a) The Board of Directors o£ Wilmington-New Hanover Water and Sewer Author-
ity on December 29, 1970, adopted the following resolution:
"BE IT RESOLVED:
"THAT Wf~REAS, the meinbers and directors are of the opinion
that the name of the corporation should be changed and the Board
of Directors has reeommended that the charter of ~he incorporation
be amended as follows:
"That Article (a) of the Articles of Incorporation be amended
to read as follows:
"(a) This Authority is organized under said North Carolina
Water and Sewer AuthoTities Act, its name shall be 'LOWER CAPE FEAR
WATER AND SEWER AUTHORITY' and the address of its principal o£fice
shall be Wilmington, North Carolina.
"That the first line of Article (c) of the Articles of Incor-
poration be amended to read as follows:
"(c) The Lower Cape Fear Water and Sewer Authority ...
"And it being the consensus of all the members that the above named
changes would be in the best interests of the corporation and should
be approved."
(b) The resolution adopted by the Board of Directors of Wilmington-New
Hanover Water and Sewer Authority set forth above was approved by the City Coun-
cil o£ the City of Wilmington, North Carolina, and by the Board of Commissioners
of New Hanover County.
IN WITNESS WFIEREOF, the City of Wilmin~ton, North Carolina, has caused
this Amendment of the Articles of Incorporation to be executed by its Mayor and
its corporate seal to be affixed hereto and attested by its City Clerk, and New
Hanover County has caused this Amendment of the Articles of Incorporation to
be executed by the Chairman of its Board of Commissioners and the official seal
of said Board of Commissioners to be affixed hereto and attested by the Clerk
of said Board, all as of this day of , 19']1.
Mayor of the City of,
Wilmington, North Carolina
4
641
MINUTES OF Tf~ MEETING - MAY 3. 19~1 -(CONTINUED) -
CHANGE OF NAME OF WATER AUTHORITY -(CONTlivu~L) -
(SEAL)
Attest:
(s)
City Clerk of the City of
Wilmington, North Carolina
(SEAL)
Attest:
(s) Hazel Sava~e
Clerk of the Board of
Commissioners of New
Hanover County
. Chairman of the
Board of Commissioners oP
New Hanover County
At the time and place above stated ax~y resident of New Hanover County
or any other interested person may appear and be heard.
Dated this 6th day o£ M~, 19'71.
(s) Hazel Sava~e
Clerk of the Board of Commissioners
of New Hanover County
Section 4. This resolution shall take effect upon its passage.
Thereupon Commissioner Marks moved the passage of the foregoing re-
solution: "RESOLUTION 9UTHORIZING AND DIRECTING T1iE PUBLICATION OF A NOTICE OF
PUBLIC HEARING ON 'PHE PROPOSED CHANGE OF NAME OF WII,MINGTON-NEW HANOVER WATER
AND SEWER AUTHORITY TO LOWER CAPE FEAR WATER AND SEWER AUTHORITY", and the
resolution was passed by the following vote:
Ayes: Commissioners Meares Harriss, Jr.. Berr.v A. Williams, J. M.
Hall, Jr., H. A. Marks, John R. Oxenfeld
Noes: None."
SALE OF FARM HOUSE
Mr. Bowden called attention to the fact nothing had been done about selling the
farm house to Mr. Mintz and this would have to be done or rent should be charged Mr.
Mintz who is still livin~ there. Mr. Bowden stated he felt the appraised amount is
high. Mr. Bowden requested permission to offer house to Mr. Mintz at appraised value
or on a rental basis of $50 to $60 per month.
Mr. Hall moved, seconded by Mr. Oxenfeld, that the house be disposed o£ for its
assessed value, and if unable to attain that amount, that it be put up for sale at
best of£er. In the meantime, house should be rented to Mr. Mintz for $50 per month.
Motion carried unanimously.
ADJOURNMF,NT - ~
There being no further business to come before the Board, Mr. Williams moved, seconded
by Mr. Hall, that the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
~
HS/bh
Hazel Savage
Clerk to the Board
MINTJTES OF THE MEETING - MAY 17, 1971 - 9:00 A.M.
ASSEMBLY -
The regular semi-monthly meeting of the New Hanover County Board of Commissioners was
held on the above date and time in the Commission Buildin~ with the £ollowing present:
Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall,
Jr., H. A. Marks, John R. Oxenfeld; County Auditor Perry Shepard; County Administrator
Laurence 0. Bowden; and Hazel Sava$e, Clerk to the Board. County Attorney James C. Fox
was absent.
INVOCATION -
Chairman Harriss called the meeting to order and asked Rev. Neil McMillan, Pastor,
Winter Park Presbyterian Church, to give the invocation.
tsutuvING OF HEMENWAY HAZL -
Chairman Harriss stated it was in order to officially recognize the task that is facing
the Superintendent and his aids in bringing order out of the chaos in which the destruction
o£ Hemenway Hall is cast along with the entire school system, and to pledge the Commissioners'
efforts in assisting him and the school system in anyway possible. By common consent the
Board agreed to do this. o