ARTICLE V, Equipment Requirements

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Chapter 143, Housing Standards

Part 1, Residential Premises

ARTICLE V, Equipment Requirements

§ 143-23. General requirements

A Plumbing, heating, electrical, ventilating, air-conditioning, refrigerating, cooking, fire protection and radiation production equipment, elevators, dumbwaiters, escalators and other mechanical additions, installations or systems for the use of the building shall be installed, located and maintained so that, under normal conditions of use, such equipment and systems will not be a danger to health or welfare, a danger because of structural defects or a source of ignition or a radiation hazard and will not create excessive noise or otherwise become a nuisance. Equipment and systems include but are not limited to apparatus, devices, fixtures, piping, pipe hangers, pipe covering, wiring, fittings and materials used as part of or in connection with such installations.

B Equipment and systems subject to damage from freezing shall be adequately protected against freezing.

C Moving parts of equipment which may be a potential hazard shall be guarded to protect against accidental contact.

§ 143-24. Plumbing

A General requirements.

(1) Plumbing systems shall be maintained in sanitary and serviceable condition.

(2) Plumbing systems shall be maintained so as not to weaken structural members nor cause damage or deterioration to any part of the building through fixture usage.

B Water supply.

(1) Potable water from an approved source shall be available at all times in residential buildings. The domestic water supply system of the building shall be connected to such approved source and shall not be subject to contamination. When supplied from a public source, the potable water supply system shall not be connected to private or unsafe water supplies.

(2) Water supply systems shall be installed and maintained so as to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily and without undue noise under all normal conditions of use.

(3) Water supply systems shall be installed and maintained so that water used for purposes of cooling or heating shall not be reintroduced into the domestic water supply system nor be distributed through such equipment to plumbing fixtures.

(4) Hot-water supply systems shall be provided with safety devices arranged to relieve hazardous pressures and excessive temperatures.

C Sewage drainage system.

(1) Plumbing fixtures shall be drained to a sewage drainage system, and such system shall be connected to a public sewer or to an adequate and approved system of sewage disposal.

(2) Where a public sewer is not available, a system shall be provided to receive and dispose of sewage without health hazard or nuisance.

(3) Sewage or other waste which may be deleterious to surface or subsurface waters shall not be discharged into the ground or into a waterway unless it has first been rendered harmless through subjection to treatment in conformity with generally accepted standards, and no sewage from a plumbing system shall be discharged into the waters of the State of New York (as defined in the State Public Health Law), unless specifically approved by the authority having jurisdiction, under and in accordance with the State Public Health Law.

(4) Substances which will clog the pipes, produce explosive mixtures, destroy the pipes or their joints or interfere unduly with the sewage disposal process shall not be discharged into the building drainage system unless it is provided with approved devices suitable for intercepting such substances.

(5) Each fixture directly connected to the sewage drainage system shall be equipped with a water seal trap.

(6) Adequate cleanouts shall be provided and maintained so that the pipes may be readily cleaned.

(7) The drainage system and its attendant vent piping shall be maintained so as to provide adequate circulation of air in all pipes in order that siphonage, aspiration or pressure will not cause a loss of trap seal under ordinary conditions of use.

(8) Each vent terminal to the outer air shall be installed and maintained so as to minimize the possibilities of clogging, frost closure, the return of foul air to the building or the creation of a nuisance to adjacent premises.

(9) Drains provided for fixtures, devices, appliances or apparatus containing food, water, sterile goods or similar materials shall be equipped with air breaks adequate to prevent contamination of such contents from any possible backup of sewage through the direct or indirect drainage piping.

D Storm drainage.

(1) Roofs and paved areas, including yards and courts, shall be drained. Storm drainage shall be conveyed to an adequate and approved system of stormwater disposal, where available.

Storm drains shall be discharged in such a manner that water will not flow onto sidewalks, roofs and paved areas, yards and courts and other open areas on the premises.

(2) Where a drainage system may be subject to backwater, suitable provision shall be made to prevent its overflow into the building.

(3) Leaders and gutters, if used, shall be constructed of noncombustible material, except that wood leaders and gutters may be used for buildings not more than three (3) stories high.

(4) The means for stormwater disposal for a one- or two-family dwelling shall be a public storm or combined sewer system, when it is within one hundred (100) feet of the premises on which the building is located, measured along a street, alley or right-of-way, and a connection may lawfully be made thereto.

(5) The means for stormwater disposal for a multiple dwelling shall be a public storm or combined sewer system, when it is within five hundred (500) feet of the premises on which the building is located, measured along a street, alley or right-of-way, and a connection may lawfully be made thereto.

(6) No stormwater shall be drained into sewers intended for sewage only.

E Plumbing facilities.

(1) Buildings and portions thereof shall be provided with plumbing systems designed to dispose of the sewage from all fixtures and to furnish cold water to every water closet and urinal and hot and cold water to every sink, lavatory, bathtub and shower required therein.

(2) In one- and two-family dwellings not wholly owner-occupied and in all multiple dwellings, hot water shall be furnished within a temperature range of one hundred thirty degrees to one hundred forty degrees Fahrenheit (130° to 140° F.) from 6:00 a.m. to 12:00 midnight.

i) There shall be provided within each dwelling unit plumbing fixtures consisting of at least

(a) One (1) kitchen sink.

(b) One (1) water closet.

(c) One (1) bathtub or shower.

(d) One (1) lavatory.

(2) In multiple dwellings, each communal kitchen shall contain at least one (1) kitchen sink.

(3) In multiple dwellings where hotel units or lodging units are not provided with sanitary facilities therein, for each multiple of six (6) male or six (6) female occupants to be accommodated, or fractions thereof, there shall be provided, in separate rooms for each sex, plumbing fixtures consisting of at least:

(a) One (1) water closet.

(b) One (1) bathtub or shower.

(c) One (1) lavatory.

(4) In multiple dwellings where sleeping accommodations are arranged as dormitory units, for each multiple of ten (10) male or eight (8) female occupants to be accommodated, or fractions thereof, there shall be provided, in separate rooms for each sex, plumbing fixtures consisting of at least:

(a) One (1) water closet.

(b) One (1) bathtub or shower.

(c) One (1) lavatory.

(5) Urinals may be substituted in men's toilet rooms for not more than one-third (1/3) of the required number of water closets.

(6) Privies, privy vaults and outhouses shall be prohibited on residential premises.

F Plumbing fixtures.

(1) Plumbing fixtures shall be made of smooth nonabsorbent material and shall be free from concealed fouling surfaces.

(2) Plumbing fixtures shall be so spaced as to be reasonably accessible for their intended use.

(3) Plumbing fixtures shall be located in spaces that are accessible, lighted and ventilated.

G Swimming pools.

(1) Water supply used for filling or for cleaning of a pool shall be clean. Water supply shall be protected against potential pollution from all sources, including cross-connection and backflow.

(2) Drains shall be provided so that the pool can be safely and adequately drained. Drains shall be provided in floors surrounding the swimming pool and arranged so that water from such areas will drain without entering the pool.

(3) Filtering, sterilizing and auxiliary equipment, where required, shall be adequate to maintain the sanitary quality of water during each period the pool is in use. Equipment containing gases of disinfectants capable of giving off irritating, toxic or flammable fumes shall be located in ventilated rooms.

(4) The installation shall be arranged and maintained to prevent dirt, sand or other foreign matter from entering the bathing area.

H Water supply tanks.

(1) Water supply tanks shall be installed and maintained so as to be watertight, verminproof, rodentproof, resistant to corrosion and capable of withstanding the working pressures under normal operation.

(2) Supports for tanks shall be of noncombustible construction.

(3) Tanks and their supports shall not be used to support equipment or structures other than for tank use, except where specially designed for such other use.

(4) Means for emptying water supply tanks shall be provided and maintained in proper working condition.

(5) Potable water supply tanks for domestic supply and standpipe or automatic sprinkler systems shall be installed and maintained to furnish water in sufficient quantity and pressure for such systems.

§ 143-25. Fuel gas

A General requirements.

(1) Fuel gas piping systems shall be installed and maintained so as to remain gastight, safe and operative under conditions of use.

(2) Fuel gas piping systems shall provide a supply of gas sufficient to meet the maximum expected demand of the installed gas-burning appliances connected thereto.

B Shutoff valves.

(1) Gas piping systems shall have at least one (1) accessible means for shutting off all gas supply, and such means shall be maintained in good operating condition.

(2) An easily accessible shutoff valve or cock shall be provided in the piping in close proximity to and ahead of every outlet for gas appliance.

C Service equipment for gas supplied for utility mains. Gas services, gas meters and gas-pressure regulators shall be located so that they are protected from damage.

D Gas refrigerators and ranges. Gas refrigerators and ranges shall be installed with clearance for ventilation and shall be maintained in good operating condition.

E High-pressure gas. Any service connection supplying gas at a pressure in excess of one (1) pound per square inch gauge shall be provided with a device to reduce such pressure to not more than one-half (1/2) pound per square inch gauge prior to entering the meter, except where such service supplies equipment using gas at high pressures.

F Liquefied petroleum gas.

(1) Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in buildings.

(2) Liquefied petroleum gas shall not be vaporized by devices utilizing open flame or open electrical coil.

(3) Where two (2) or more containers are installed, connection shall be arranged so that containers can be replaced without shutting off the flow of gas to equipment.

(4) Containers shall be designed, stored and located so as not to be a hazard to the premises served or to the surrounding property.

(5) Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

(6) Systems shall have at least one (1) accessible means for shutting off the gas. Such means shall be located outside the building and shall be maintained in good operating condition.

§ 143-26. Heating.

A General requirements.

(1) Buildings and structures intended or used for residential occupancy during the period set forth in Subsection A(2) shall be provided with heating equipment of an approved fixed type capable of producing and providing an indoor temperature of seventy degrees Fahrenheit (70° F.) measured at a distance of three (3) feet or more from exterior walls and at a level of five (5) feet above the floor. The capability of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the locality.

(2) In one- and two-family dwellings not wholly owner-occupied and in all multiple dwellings, heat shall be provided whenever occupied, as follows:

i) From 6:00 a.m. to 11:00 p.m., not less than seventy degrees Fahrenheit (70° F.) when the outside temperature falls below fifty-five degrees Fahrenheit (55° F.).

ii) From 11:00 p.m. to 6:00 a.m., not less than fifty-five degrees Fahrenheit (55° F.) when the outside temperature falls below forty degrees Fahrenheit (40° F.).

B Air pollution. Contaminants emitted into the atmosphere from fuel-burning equipment shall not violate air pollution control regulations promulgated pursuant to the State Public Health Law nor that of any other governmental authority having jurisdiction.

C Warm air heating. Ducts and other air-handling equipment used for heating shall conform to the requirements of such equipment used for ventilating purposes.

D Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms.

E Fuel supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. The fuel supply connection to such equipment shall be made with pipe or tubing of solid metal.

F Installation and clearance. Where heat-producing equipment is installed on or adjacent to combustible materials, the location, insulation, clearance and control of the equipment shall be such that the temperature on the surface of the combustible materials will not exceed a safe temperature.

G Air supply.

(1) Direct-fired heat-producing equipment and the enclosure in which it is located shall be provided with a supply of air adequate both for complete combustion at the rated gross output of the equipment and for the ventilation of the enclosure to prevent the accumulation of heat.

(2) Rooms containing fuel-burning equipment shall have such air supply provided by means of one (1) or more openings to the exterior or by means of fixed openings to interior spaces which open to the exterior.

H Removal of products of combustion.

(1) Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or and shall not be connected to gas vents. Unvented heaters burning liquid fuel shall be prohibited.

(2) Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed shall be connected to a suitable chimney, flue or gas vent.

(3) Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when the discharge of products of combustion into the space where the equipment is installed would be a hazard

I Safety devices.

(1) Equipment capable of developing hazardous pressures or temperatures shall be provided with means to relieve safely such pressures and temperatures.

(2) Controls for the safe operation of automatically operated heat-producing equipment shall be provided to function as follows:

i) When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off.

ii) When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate.

iii) When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off.

iv) When failure or interruption of a pilot light or main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off.

J Heating of garages.

Fuel-burning equipment for garages servicing multiple dwellings shall be located in heater rooms, except that equipment burning gas or liquid fuel located in the vehicle storage space shall be permitted in stories at or above grade where elevated so as not to be exposed to possible accumulation of flammable gases.

§ 143-27. Chimneys, flues and gas vents

A General requirements.

(1) Chimneys, flues, gas vents and their supports shall be installed and maintained so as to be structurally safe, durable, smoketight, noncombustible and capable of withstanding the action of flue gases without softening, cracking, corroding or spalling.

(2) Such facilities shall effectively convey the products of combustion to the outer air.

(3) Masonry chimneys, except approved prefabricated chimneys, shall have noncombustible foundations.

(4) Flue linings shall be capable of withstanding the action of flue gas without softening, cracking, corroding or spalling at the temperature to which they will be subjected.

(5) Openings for smoke pipes or gas vent connections shall be provided with means for easy connection without restriction of the flue.

(6) No flue shall have smoke pipe or gas vent connections in more than one (1) story of a building.

(7) Fuel-burning equipment and fireplaces located in different tenancies shall not be connected to the same flue.

B Fire safety. Chimneys, flues and gas vents shall be installed and maintained so that, under conditions of use, the temperature of any combustible material adjacent thereto, insulated therefrom or in contact therewith does not exceed a safe temperature.

C Spark arresters. A chimney or flue connected to an incinerator and a chimney or flue which may emit sparks shall be provided with a spark arrester of noncombustible construction. Spark arresters shall have sufficient total clear area to permit unrestricted passage of flue gases. Openings in spark arresters shall be of such size as to prevent passage of embers and to minimize clogging by soot.

§ 143-28. Incinerators

A General requirements.

(1) Incinerators shall be of adequate capacity for the intended use.

(2) Flue-fed incinerators shall be equipped with means for burning auxiliary fuel in sufficient quantity to assure complete combustion of refuse.

(3) A flue serving an incinerator shall be provided with a substantially constructed spark arrester.

(4) Incinerators shall be connected to a suitable noncombustible chimney, smokestack or flue.

(5) Connections to incinerators shall provide free passage of refuse without clogging.

B Service openings.

(1) Service openings shall be readily accessible to the building occupants.

(2) Durable signs with plainly legible letters prohibiting disposal of highly flammable substances in incinerators shall be provided near service openings.

§ 143-29. Electrical wiring and equipment

A General requirements.

(1) Electrical wiring and equipment shall be installed in conformity with generally accepted standards and be maintained so as not to be a potential source of ignition of combustible material or a potential source of electrical hazard.

(2) Electrical wiring and equipment shall be firmly secured to the surface on which it is mounted.

(3) Electrical wiring and equipment installed in damp or wet locations or where exposed to explosive or flammable gases or to excessive temperatures shall be of a type approved for the purpose and location.

(4) Electrical wiring and equipment shall be protected against excessive current by properly rated overcurrent devices.

(5) Electrical wiring and equipment shall be grounded or otherwise protected by insulation, isolation or guarding so as to minimize the danger of high voltages from lightning or other causes.

(6) Electrical equipment which in ordinary operation produces arcs or sparks shall be enclosed, unless separated and isolated from all combustible material.

(7) Service equipment and overcurrent protection devices shall be installed and maintained in a readily accessible location.

B Facilities.

(1) A dwelling unit shall be supplied with at least one (1) lighting branch circuit for each multiple of five hundred (500) square feet of floor area, or fraction thereof.

(2) Hotel units, lodging units and dormitory units shall be supplied with at least one (1) lighting branch circuit for each multiple of seven hundred fifty (750) square feet of cumulative floor area, or fraction thereof.

(3) Habitable spaces, except kitchens, shall be provided with at least one (1) receptacle outlet for each multiple of twenty (20) feet, or fraction thereof, of the total distance around the room, measured horizontally along the wall at the floor line. An electric light outlet and fixture may be substituted for only one (1) receptacle outlet.

(4) Kitchens and kitchenettes shall be provided with at least two (2) receptacle outlets and one (1) electric light outlet and fixture.

(5) Bathrooms, toilet rooms and laundry rooms shall be provided with at least one (1) electric light outlet and fixture and one (1) receptacle outlet. Furnace rooms, storage rooms, workshops and similar service rooms shall be provided with at least one (1) electric light outlet and fixture.

(6) Light switches or other devices for controlling lights which illuminate entrances shall be provided at points of entrance to dwelling units, hotel units, lodging units and dormitory units.

C Artificial lighting.

(1) Residential buildings and occupancies shall be wired for electricity, and lighting equipment shall be installed throughout to provide adequate illumination for the intended use of each space. Electric wiring systems shall be connected to an adequate source of supply.

(2) There shall be a switch or other means for controlling a light in each dwelling unit near the point of entrance to such unit.

D Exit and directional signs.

(1) Exits in multiple dwellings shall be provided with exit and directional signs, visible from the approach to the exits, except that such signs shall not be required in those portions of a building which contain dwelling units only or in which exit from sleeping rooms is directly to the outside.

(2) Directional signs shall be provided at locations from which the exit doorway is not readily discernible.

(3) Such signs shall be worded in plainly legible block letters with the word "exit" for exit signs and the words "to exit" with a suitable pointer or arrow indicating the direction of exit for directional signs. Letters for signs shall be conspicuous, readily discernible and at least six (6) inches high, except that for internally illuminated signs the height of such letters shall be at least four and one-half (4 1/2) inches.

(4) Exit and directional signs shall be illuminated externally by electric lights and shall be kept illuminated at all times when the building is occupied.

§ 143-30. Cooking and refrigeration

A General requirements.

(1) Each dwelling unit shall be provided with appropriate cooking and refrigeration equipment

(2) Cooking and refrigeration equipment shall be maintained in good operating condition.

(3) Gas-burning cooking equipment shall be permanently fastened and connected in place. Gas supply connection to such equipment shall be made with pipe or tubing of solid metal.

(4) Solid fuel-burning cooking equipment shall be appropriately vented.

B Communal cooking and dining facilities. Communal kitchens and dining rooms shall comply with the following requirements:

(1) Communal kitchens.

i) Communal kitchens shall contain:

(1) At least one (1) kitchen sink.

(2) At least one (1) kitchen gas or electric stove equipped with an oven and not fewer than four (4) top burners.

(3) At least one (1) electric- or gas-type refrigerator with adequate food storage capacity, but in no case less than eight (8) cubic feet nominal size.

ii) Dining space and eating facilities, where provided in the kitchen area, shall comply with the requirements for communal dining rooms.

(2) Communal dining rooms shall contain at least one (1) dining chair and two (2) linear feet of dining space for each occupant permitted in a dining room at any particular time.

§ 143-31. Air conditioning and ventilation

A One- and two-family dwellings.

(1) Exhaust air from a dwelling unit shall not be circulated to another dwelling unit.

(2) Ducts shall be securely fastened in place and appropriately fire-stopped.

B Multiple dwellings.

(1) Refrigerants.

i) Refrigerants that are highly flammable shall not be used in multiple dwellings.

ii) Direct systems using refrigerants that are flammable or toxic shall not be used for air-conditioning purposes.

(2) Ventilating systems.

i) Ventilating systems shall be installed and maintained so that the rapid spread of heat, flame or smoke through the system will be prevented and so that under conditions of use the temperature of any combustible material adjacent thereto or in contact therewith will not exceed a safe temperature.

ii) Stairways, passageways, exits, shafts, hoistways or attics shall not be used as plenum chambers.

iii) Ducts shall be securely fastened in place and appropriately fire-stopped.

iv) Ducts and other air-handling equipment shall be of noncombustible material.

v) Filters shall be installed and maintained so as not to constitute a fire or smoke hazard.

vi) Ducts passing through or located within combustible construction shall be separated from such construction by a clearance of at least one-half (1/2) inch or by a noncombustible insulating material at least one-fourth (1/4) inch thick.

vii)Air required for ventilation shall be taken from the exterior or shall be quality-controlled.

viii) Exhaust air from a dwelling unit or a space whose contents may emit odors, fumes or vapors shall not be circulated to other occupied spaces within the building.

(3) Air intake and exhaust openings.

i) Air intake and exhaust openings shall be installed, located and maintained so as not to constitute a hazard or nuisance and so as to prevent the possibility of fire, smoke, fumes or foreign matter being drawn into the system.

ii) Ventilating systems shall be provided with adequate openings for incoming and outgoing air to obtain the required circulation. Intake openings shall provide air from an uncontaminated source.

iii) Where openings for mechanical exhaust are located in spaces that also contain fuel-burning equipment, there shall be provided fixed-intake openings from the exterior to supply sufficient air so that the fuel-burning equipment is not adversely affected.

iv) Exhaust openings shall be located so that the exhaust air will not create a nuisance.

(4) Ventilation requirements.

i) Enclosures or spaces where heat, gases, vapors or odors may accumulate and become a potential source of hazard or nuisance shall be provided with adequate means of ventilation to remove such excess.

ii) Public spaces shall be provided with means for obtaining air supply for the maximum number of persons for which such spaces are designed.

(5) Safety controls.

i) Manually operated controls shall be provided to stop the operation of all central fan equipment. Such controls shall be conspicuously identified and in readily accessible locations outside the fan room.

ii) Every system using recirculated air and serving an assembly space or more than one (1) fire area or more than one (1) story of a building shall be provided with controls arranged so that under abnormal rise in temperature of the air in the system the fans causing normal circulation shall stop and require manual restart.

iii) Every system for ventilating an assembly space shall be provided with an emergency switch conveniently located and with a durable sign giving instructions for shutting down the system in case of fire.

§ 143-32. Fuel oil

A General requirements. Fuel oil shall be received, stored and conveyed by means of fixed liquid tight equipment.

B Storage tanks.

(1) Tanks shall be provided with means for venting.

(2) Tanks shall be installed and maintained so as not to be a hazard to the premises served or the surrounding property.

C Piping.

(1) Automatically operated boilers and furnaces using fuel oil shall be provided with a remote control to stop the flow of oil during fire or other emergency.

(2) Filling, emptying and venting of tanks shall be by means of fixed piping. Pipes to underground tanks shall be pitched toward tanks. Terminals of fill and vent pipes shall be located outside buildings at a safe distance from building openings.

§ 143-33. Fire protection in multiple dwellings

A Fire alarm systems. Required fire alarm systems shall be maintained in proper operating condition at all times.

B Sprinkler equipment.

(1) Required sprinkler equipment shall be maintained in proper operating condition at all times. Storage of materials shall cause minimum interference to the effective discharge of water.

(2) Valves controlling water supply to sprinklers shall be secured in the open position.

(3) Sprinkler heads shall be maintained free of corrosion and paint.

C Standpipe systems.

(1) Standpipe systems shall be maintained in proper operating condition at all times.

(2) Gate valves at hose stations shall be maintained tight against leaks.

(3) Hose shall be in proper position ready for operation, dry and free of deterioration.

D Portable extinguishers.

(1) Each oil burner for a boiler, furnace or central hot-water heater shall be provided with an approved hand fire extinguisher or two (2) rounded-bottom pails filled with sand.

(2) Portable extinguishers required for fire protection shall be in their designated locations and in a condition which will permit efficient operation without delay.

§ 143-34. Elevators, dumbwaiters and escalators in multiple dwellings

A Elevators, dumbwaiters and escalators shall be maintained so as to be free from physical and fire hazards.

B Elevator and power-operated dumbwaiter cars shall be provided with durable signs in conspicuous locations on which the rated capacity shall be indicated.

C Elevator cars shall be provided with approved means for transmitting a signal outside the hoistway in case of emergency.

D Hoistways and pits shall be maintained free of refuse.

E Machine rooms shall be maintained free of oil and grease and shall not be used for storage of articles or materials unnecessary for the maintenance of the elevator or dumbwaiter. Flammable liquids shall not be kept in such rooms.

F No person shall at any time make any required safety device or electrical protective device inoperative, except where necessary during tests, inspections or maintenance.