Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 3-14-1994 by L.L. No. 4-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 54.

§ 75-1 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
ELECTRICAL WORK
The installation, maintenance, extension and alteration of wiring, fixtures, appliances and appurtenances in connection with all of the following: electrical distribution, wiring and protection, methods and materials, special occupancies, grounding, motors and controls, transformers, fire protection systems, optical fiber systems and communications systems, and any other type of installations as required by the National Electrical Code, as amended from time to time.
MASTER ELECTRICIAN
Any person, firm or corporation engaged in the business of installing, altering or repairing of electrical wiring, systems or equipment in the Town of Tonawanda, exclusive of the Village of Kenmore, who holds a valid master electrician certificate issued by the Town of Tonawanda, New York.

§ 75-2 License required; work performed by utility companies.

A. 
It shall be unlawful for any person, firm or corporation to engage in, carry on or conduct or to hold himself or itself out as being able to engage in, carry on or conduct any business involving electrical work in the Town of Tonawanda, New York, exclusive of the Village of Kenmore, unless such business shall be conducted under a current electrician's license issued in accordance with the provisions hereof. A person, firm or corporation shall be deemed to be licensed if such person, firm or corporation is a license holder or if such person, firm or corporation is an employee or subcontractor of a licensed person, firm or corporation in accordance with the provisions of § 75-3G(2) herein contained.
B. 
A licensee may hire employees to do electrical work or may subcontract such work, but in any event all electrical work must be done by or under the supervision of a master electrician.
C. 
Electrical work performed by a utility company in its normal function of supplying its particular service to the meter of any building, structure or premises may be performed without a license and need not be under the supervision of a master electrician.

§ 75-3 Licensing application and procedure; restrictions; fees.

A. 
The Code Enforcement Officer shall issue an electrician's license to any qualified person, firm or corporation upon presentation of a duly completed and executed application, payment of the fee as required herein and filing of the certificate of insurance as required herein. The information required in the application shall be determined by the Code Enforcement Officer.
[Amended 3-26-2007 by L.L. No. 2-2007]
B. 
An applicant for an electrician's license shall be deemed qualified as follows:
(1) 
If a person, such person or at least one full-time employee of that person must hold a master electrician certificate.
(2) 
If a firm, in the case of a partnership, at least one active partner or full-time employee thereof holds a master electrician certificate or, in the case of a sole proprietorship, the owner or at least one full-time employee holds a master electrician certificate.
(3) 
If a corporation, such corporation has at least one full-time employee holding a master electrician certificate.
C. 
An application for an electrician's license shall be duly completed when the following requirements are met:
(1) 
A qualified person states his name and address, the name and address of his business establishment and the name and address of the master electrician in his employ.
(2) 
A qualified firm or corporation states the name and address of the business establishment and the names and addresses of its partners in the case of a partnership, its owner's name and address in the case of a sole proprietorship or the names and addresses of its officers and directors in the case of a corporation; in addition, such firm, corporation, partnership or sole proprietorship shall also disclose the name and address of the master electrician in its employ.
(3) 
Such qualified person, firm or corporation shall complete and execute an application for an electrician's license in such form as may be prescribed and amended from time to time by the Code Enforcement Officer and furnish such information as the Code Enforcement Officer shall require.
[Amended 3-26-2007 by L.L. No. 2-2007]
D. 
The required fee shall be $100 per year.
E. 
The licensee shall file with the Code Enforcement Officer a policy or certificate of insurance evidencing coverage for the licensee's operations and naming the Town of Tonawanda, New York, as an additional insured in the amount of $1,000,000 combined single limit for bodily injury and property damage liability.
[Amended 3-26-2007 by L.L. No. 2-2007; 3-26-2007 by L.L. No. 4-2007]
F. 
Such license shall be valid January 1 to December 31 in each year. The licensee may renew the license by submitting to the Code Enforcement Officer within 30 days preceding expiration of the license, such documentation and information as the Code Enforcement Officer may require, paying the required fee and furnishing the certificate of insurance required by this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
G. 
Restriction on use of license.
(1) 
Except as herein provided, no licensed person, firm or corporation duly licensed pursuant to this chapter shall allow his name to be used by any other person, firm or corporation, either for the purpose of obtaining a license under this chapter, a permit under Chapter 54, Building, Plumbing and Electrical Standards, of the Code of the Town of Tonawanda, New York, or doing any work under his license.
(2) 
This restriction shall not prohibit a person, firm or corporation, duly licensed pursuant to this chapter, from subletting an electrical job or portion thereof to another person, firm or corporation, provided that such arrangement is disclosed on the application for an electrical permit as prescribed by Chapter 54, Building, Plumbing and Electrical Standards, of the Code of the Town of Tonawanda, New York, and that the licensed person, firm or corporation subletting such work shall be responsible for all such work.
(3) 
A license is not transferable or assignable to any successor in the business or to any person whosoever under any circumstances.
H. 
Within seven days of the change, any licensed person, firm or corporation, as applicable, shall notify the Code Enforcement Officer, in writing, of the following:
[Amended 3-26-2007 by L.L. No. 2-2007]
(1) 
A change with respect to the employment status of a master electrician.
(2) 
A change with respect to the slate of officers and/or directors of a corporation.
(3) 
A change with respect to the partners comprising a partnership.
(4) 
A change with respect to the owner of a sole proprietorship.
I. 
During any license year, it shall be the obligation of every licensed person, firm or corporation to be in continuous compliance with the qualifications and requirements needed to obtain an electrician's license, and in the event of a failure to do so, the license issued shall become null and void and the licensee shall immediately surrender such license to the Code Enforcement Officer.
[Amended 3-26-2007 by L.L. No. 2-2007]
J. 
Such license shall be subject to revocation, in the discretion of the Code Enforcement Officer, upon conviction of the licensee or any master electrician in the employ of a licensee of a violation of this chapter or Chapter 54, Building, Plumbing and Electrical Standards, of the Code of the Town of Tonawanda, New York. Such license shall not be restored for one year after conviction and thereafter only in the discretion of the Code Enforcement Officer, provided that he is satisfied that the applicant has taken steps to assure that such violation will not occur again.
[Amended 3-26-2007 by L.L. No. 2-2007]
K. 
A violation of this chapter or Chapter 54 committed by any agent, servant or employee of a licensee shall also be deemed a violation by the licensed person, firm or corporation and the master electrician under whose employ or supervision such violation occurred.

§ 75-4 Master electrician certificate; fee.

A. 
A master electrician shall be a natural person who holds a master electrician certificate issued pursuant to this chapter.
B. 
A master electrician certificate shall be issued by the Examining Board of Electricians if a person has qualified for and passed an examination as hereinafter required.
C. 
Such examination shall be prepared and reviewed by the Examining Board of Electricians. It shall consist of a written exam which will fairly test the qualifications and knowledge of the applicant. In order to qualify to receive an application to take such examination, a person must:
(1) 
Satisfactorily demonstrate to the Examining Board of Electricians that he has worked under the supervision of a licensed master electrician as a journeyman electrician for a period of 10,000 hours, performing the following: the installation, maintenance, extension and alteration of wiring, fixtures, appliances and appurtenances in connection with all of the following: electrical distribution, wiring and protection, methods and materials, special occupancies, grounding, motors and controllers, transformers, fire protection systems, optical fiber systems, communications systems and any other type of installation as required by the National Electrical Code, as amended from time to time.
(2) 
Satisfactorily demonstrate to the Examining Board of Electricians that he has a thorough knowledge and understanding of the National Electrical Code, as amended from time to time.
(3) 
Have paid a fee of $100.
(4) 
Satisfactorily demonstrate to the Examining Board of Electricians that applicant is of good moral character.
D. 
Any person who fails, upon demand by the Code Enforcement Officer, his deputy or assistants to produce a master electrician certificate within a reasonable time shall be presumed not to be the holder of a master electrician certificate.
[Amended 3-26-2007 by L.L. No. 2-2007]
E. 
It shall be unlawful for any person to hold himself out as a master electrician unless he is the holder of a valid master electrician certificate.
F. 
Waiver of examination.
(1) 
The Examining Board of Electricians is empowered to waive the examination requirement for any person who currently holds a valid 1994 Master Electrician's license certificate issued by a city, town or village which has a comprehensive competency examination requirements for the issuance of a master electrician license.
(2) 
Such person must comply with all of the requirements associated with this chapter.
(3) 
In the event that the Examining Board of Electricians waives the requirement for an examination as provided herein, the person receiving such waiver shall pay a fee of $100 in order to receive his master electrician's certificate.
(4) 
The Examining Board of Electricians shall not issue any waivers of examination after December 31, 1994.

§ 75-5 Examining Board of Electricians.

A. 
The Examining Board of Electricians shall consist of five persons appointed by the Town Board of the Town of Tonawanda, New York. Three members shall be master electricians, each having not less than five years' experience in electrical work. The other two members shall be the Code Enforcement Officer and his designated electrical inspector.
[Amended 3-26-2007 by L.L. No. 2-2007]
B. 
The term of office of each member of such Board shall commence upon appointment by the Town Board of the Town of Tonawanda and shall continue for two years from the first day of January of the year following his appointment, during which period he shall serve at the pleasure of the Town Board.
C. 
All vacancies shall be filled by the Town Board. Vacancies filled during a term shall be for the duration of the unexpired term.
D. 
Compensation.
(1) 
The master electricians serving as members of such Board shall receive $20 compensation for each regular meeting, not to exceed a total of $240 per member in any one calendar year, payable semiannually.
(2) 
It shall be the duty of the Code Enforcement Officer and his designated electrical inspector to serve as members of the Examining Board of Electricians without compensation therefor.
[Amended 3-26-2007 by L.L. No. 2-2007]
E. 
All members of such Board shall be residents of the Town of Tonawanda, New York.
F. 
The Examining Board of Electricians shall have power and it shall be its duty:
(1) 
To meet as determined by the Code Enforcement Officer at a location in the Town of Tonawanda, New York. It shall also meet whenever the Town Board shall, in writing, request it to do so.
[Amended 3-26-2007 by L.L. No. 2-2007]
(2) 
To have jurisdiction over and to examine, review and approve applications for master electrician certificates submitted by qualified applicants who desire to engage in electrical work in the Town of Tonawanda, New York, exclusive of the Village of Kenmore.
(3) 
To have jurisdiction over and to examine, review and approve examinations for master electrician certificates taken by qualified applicants who desire to engage in electrical work in the Town of Tonawanda, New York, exclusive of the Village of Kenmore.
G. 
Office supplies, including stationery, and books in which to keep records will be furnished for members of the Examining Board of Electricians by the Town of Tonawanda, New York.
H. 
The records of the Examining Board of Electricians shall be filed in the Code Enforcement Officer's office and shall be open for inspection during business hours.
[Amended 3-26-2007 by L.L. No. 2-2007]

§ 75-6 Penalties for offenses.

A. 
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.
D. 
In addition to the penalties set forth in this section, the license shall be subject to the revocation provisions hereinbefore provided.

§ 75-7 Applicability.

This chapter shall be applicable in the Town of Tonawanda, exclusive of the Village of Kenmore.