[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties 7-16-1984
by L.L. No. 1-1984 as Ch. 57 of the 1984 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 100.
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Electrical Examiners of the Village of Saugerties, New
York, established by this chapter.
A certificate issued by the New York Board of Fire Underwriters.
The person or persons authorized and required by this chapter to
make electrical inspection within the Village of Saugerties, New York.
Includes any person who engages in or carries on the business of
installing, erecting, altering or repairing electrical wiring, apparatus,
fixtures, devices, appliances and equipment utilized or designed for the utilization
of electricity for light, heat or power purposes or for signaling systems
operating on 50 volts or more, and any person who performs or supervises the
performance of work done in connection with the installation, erection, alteration,
extension or repair of electrical wiring, apparatus, fixtures, devices, appliances
and equipment for light, heat or power purposes or for signaling systems operating
on 50 volts or more, and any person who contracts to do any of the foregoing.
Includes any person, who engages in or carries on the business of
installing, erecting, altering or repairing electrical wiring for heating,
furnace apparatus and equipment utilized or designed for the utilization of
electricity operating on 50 volts or more, and any person who performs or
supervises the performance of work done in connection with the installation,
erection, alteration or repair of heating furnace apparatus and equipment
operating on 50 volts or more and any person who contracts to do any of the
foregoing.
Includes an individual, firm, partnership or corporation.
Includes any person who is in the exclusive employ of the owner,
lessee or manager of a building, plant or structure and whose employment consists
wholly or partly of the work of maintaining and repairing electrical wiring,
apparatus, fixtures, devices, appliances and equipment utilized or designed
for the utilization of electricity for light, heat or power purposes or for
signaling systems operating on 50 volts or more.
A.
No person shall hereafter engage in, carry on, or conduct
the business of master electrician or do or perform or offer or undertake
or contract to do or perform the work of a master electrician within the Village
of Saugerties, New York, or hold himself out to the public, directly or indirectly,
as being able so to do unless licensed therefor pursuant to this chapter or
unless employed by and working under the direction of a person so licensed.
B.
No person shall hereafter engage in, carry on or conduct
the business of master electrician limited or do or perform or offer or undertake
or contract to do or perform the work of a master electrician limited within
the Village of Saugerties, New York, or hold himself out to the public, directly
or indirectly, as being able so to do unless licensed therefor pursuant to
this chapter or unless employed by and working under the direction of a person
so licensed.
C.
No person shall hereafter engage in, undertake or perform
the work of a special electrician or agree to do or perform such work within
the Village of Saugerties, New York, or hold himself out to the public, directly
or indirectly, as being able so to do unless licensed therefor pursuant to
this chapter, and no person shall directly or indirectly hire, employ, engage
or suffer or permit any person to do the work of a special electrician unless
such person is licensed as a special electrician pursuant to this chapter.
[Amended 12-21-1992 by L.L. No. 1-1992]
A.
There is hereby established in and for the Village of
Saugerties, New York, a board to be known as the "Board of Electrical Examiners
of the Village of Saugerties, New York." This Board shall consist of six persons
who shall be residents or have business affiliations in the Village of Saugerties,
New York, and who shall be appointed by the Mayor. One of such persons shall
be a representative of a public service corporation furnishing electricity
for public use in the Village of Saugerties, New York; one shall be a representative
of the New York State Board of Fire Underwriters; three shall be licensed
master electricians who have at least 10 years' experience in electrical
contracting and construction work; and the sixth shall be the Village Building
Inspector.
B.
All members of the Board of Electrical Examiners shall
serve a one-year term and until his or her successor have been duly appointed.
C.
A vacancy occurring in the membership of the Board from
any cause shall be filled by the Mayor for the unexpired term of the member
whose office has become vacant.
D.
A member of the Board may be removed by the Mayor for
misfeasance or malfeasance in office, incompetency, incapacity, neglect of
duty or other good and sufficient cause, after giving to such member a copy
of the charges against him and an opportunity to be heard in his defense in
person and/or by counsel.
E.
A majority of the Board shall constitute a quorum for
the transaction of business.
The Board shall have the following powers and duties in addition to
those elsewhere prescribed in this chapter.
A.
To hold as many meetings at such times as, in the opinion
of the Chairman, or a majority of the Board, are necessary or desirable for
the efficient discharge of the business of the Board. All members of the Board
present at any meeting shall sign the minutes of such meeting.
B.
To examine into the qualifications and fitness of applicants
for licenses under this chapter or of the representatives of such applicants
designated for such purpose.
C.
To grant and issue licenses as master electricians to
applicants possessing or whose representatives possess the requisite qualifications;
to grant and issue licenses as special electricians to applicants possessing
the requisite qualifications. Licenses shall be signed by the Chairman and
Secretary.
F.
To keep records of all meetings and proceedings and of
all licenses issued, suspended or revoked by it, and to make such records
available for public inspection.
G.
To adopt such rules and regulations as may be necessary,
not inconsistent with the provisions of this chapter, with respect to the
form and content of applications for licenses, the reception thereof, the
investigation and examination of applicants and their qualifications, the
conduct of the meetings and the business of the Board, and the other matters
incidental or appropriate to the powers and duties of the Board as prescribed
by this chapter and for the proper administration and enforcement of the provisions
of this chapter, and to amend or repeal any of such rules and regulations,
by a majority vote, at any special or regular meeting, upon notice of at least
30 days to each member thereof.
H.
To file a copy of all of its rules and regulations and
of all changes therein, duly certified by the Secretary, with the Village
Clerk immediately upon the adoption thereof, which copy shall be available
for public inspection during the regular business hours of the day.
[Amended 12-21-1992 by L.L. No. 1-1992]
The Board may issue licenses under this chapter as follows:
A.
Master electrician's license - Class A. A master electrician's license Class A shall authorize the licensee to engage in the business of master electrician within the Village of Saugerties, New York, for a period ending December 31 of the year in which it is issued, except that a licensed master electrician regularly and exclusively employed by a person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial or industrial purposes may not perform the work or engage in the business of a master electrician outside of such plant; and except, further, that the work of master electrician may not be performed under a license granted on application made pursuant to § 93-6B outside of the plant mentioned and described in such application. The fee for such license shall be determined from time to time by resolution of the Village Board. Such a license may be renewed annually on or before the expiration thereof for a period of one year upon the payment of an annual renewal fee which shall be determined from time to time by resolution of the Village Board.
B.
Master electrician's license - Class B (one job
permit). A master electrician's license Class B shall authorize the licensee
to engage in the business of master electrician in the Village of Saugerties,
New York, but only for the purpose of undertaking, performing and completing
a single continuous job or installation at one location or property. The fee
for such license shall be determined from time to time by resolution of the
Village Board for a period ending December 31 for the year for which it is
issued. Such a license may be renewed on or before the expiration thereof
for a period of time necessary to complete the job for which it is issued,
and a renewal fee shall be determined from time to time by resolution of the
Village Board. No person shall receive more than two master electrician Class
B permits.
C.
Master electrician limited license shall authorize the
licensee to engage in the business of wiring of air-conditioners and oil burners
within the Village of Saugerties, New York, for a period ending December 31
of the year in which it is issued. The fee for such license shall be determined
from time to time by resolution of the Village Board. Such license may be
renewed annually on or before the expiration thereof for a period of one year
on payment of an annual renewal fee which shall be determined from time to
time by resolution of the Village Board.
[Amended 12-21-1992 by L.L. No. 1-1992]
A.
Every person desiring a license as a master electrician
under this chapter shall make application therefor to the Board in such form
and detail as the Board may prescribe. Such application shall state, among
other things, the name and place of business of the applicant, the class of
license applied for and the name of the representative of the applicant who
will act as the supervisor of the work to be done under the license, if granted.
If the applicant is a corporation, any one of the officers of the corporation
who owns and holds at least 25% of the issued and outstanding capital stock
may be designated as the representative of the applicant for such purposes.
B.
A person who owns, leases, manages, maintains or operates
one or more buildings or structures constituting a plant occupied or used
for commercial or industrial purposes desiring a license as a master electrician
so that the work of the master electrician may be regularly performed in such
plant may make application therefor to the Board in such form and detain as
the Board may prescribe or may regularly employ a licensed master electrician
for such purpose. Such application shall state the applicant, the location
and description of the buildings or structures constituting the plant of the
applicant where the work of a master electrician will be performed under the
license, if granted, and the name of the representative of the applicant,
who will take the examination for the license and who will act as the supervisor
of the work to be done under the license granted.
C.
Each application shall be accompanied by cash, check
or money order for the payment of an application fee which shall be determined
from time to time by resolution of the Village Board.
[Amended 12-21-1992 by L.L. No. 1-1992]
A.
Examinations shall be in writing. A complete record of
every examination given shall be kept on file until three years after the
date of the examination. Examinations shall be held at such times and places
as the Board may fix.
B.
Examination for a master electrical limited license shall
be in writing or oral. No license as a master electrician limited shall be
granted to any person unless the designated representative shall prove to
the satisfaction of the Board that he is a competent electrician and qualified
to perform the work of installing electrical wiring for heating furnace apparatus
and equipment.
C.
The applicant, or, in the case of those applying for
licenses as master electricians, the designated representative of the applicant
shall present himself for examination at the time and place specified in a
notice to be given by the Board.
D.
An applicant or the representative of an applicant who
has failed in his first examination shall not be eligible for reexamination
until one month from the date of such failure; one who fails twice or more
shall not be eligible for further reexamination until at least six months
have elapsed from the date of such second or subsequent failure.
E.
No license as a master electrician shall be granted to
any person unless the designated representative shall prove to the satisfaction
of the Board that he is a competent electrician and qualified to do electrical
contracting, construction and installation work and electrical wiring; has
a working knowledge of electricity and the natural laws, properties and functions
of electricity and of appliances, apparatus, materials and devices for electric
light, heat, power and signaling purposes used and required in such work,
combined with a practical working knowledge of the requirements and provisions
of the National Electrical Code and a knowledge of the provisions of this
chapter and the rules and regulations of the Board and the laws of the state,
if any, and of the Village of Saugerties, New York, for installation of electrical
wiring, devices, appliances and equipment and of provisions thereof requiring
permits therefor.
F.
No license as a special electrician shall be granted
to any person unless he shall prove to the satisfaction of the Board that
he is a competent electrician and qualified to do electrical repairing and
maintenance work; has a working knowledge of electricity and the natural laws,
properties and functions of electricity and of appliances, apparatus materials
and devices for electric light, heat, power and signaling purposes used or
likely to be used in the building, plant or structure where he is or will
be employed, combined with a practical working knowledge of the requirements
and provisions of the National Electrical Code and a knowledge of the provisions
of this chapter and the rules and regulations of the Board and the laws of
the state, if any, and of the Village of Saugerties, New York, for the repair
and maintenance of electrical wiring, devices, appliances and equipment; provided,
however, that any person applying therefor within one year after the effective
date of this chapter who shall have been continuously engaged in the work
of a special electrician for a period of five years or more preceding such
date shall, upon proof thereof to the satisfaction of the Board, be deemed
fit and qualified to receive a license as a special electrician hereunder
without further examination upon payment of the fee prescribed therefor by
this chapter.
G.
No license shall be granted to any person who is less
than 21 years of age or does not comply with the New York Compensation Law.
Prior to issuance of a license or any renewal, the licensee shall show proof
of compliance with the New York State Workers' Compensation Law and a
minimum public liability insurance policy for each occurrence in the amount
of $200,000.
A.
No license issued hereunder shall be assignable or transferable.
B.
Each license as a master electrician issued hereunder
shall specify the name of the person, firm, partnership or corporation licensed
who or which shall be known as the holder of the license and shall also specify
the name of the person who has passed the examination, and such person shall
be designated in the license as the supervisor of all work to be done under
the license.
C.
The person designated as the supervisor may be a person
in the employ of the holder of the license, or, if the holder be an individual,
may be the holder himself; or, if the holder be a firm or partnership, may
be a member thereof; or, if the holder be a corporation may be an officer
of the corporation, provided that he has the requisite qualification of stock
ownership herein prescribed therefor.
D.
The same person shall not be designated as the supervisor
in two or more licenses issued to different holders.
E.
In the event that the business association of the supervisor
with, or the employment of the supervisor by, the holder of the license shall
terminate, the holder shall notify the Board of such fact forthwith and shall
promptly designate another person as the representative of the holder who
shall submit himself for the examination to the Board when notified so to
do. If no such new designation be made within 30 days after the termination
of the association or employment of the former supervisor, the license of
the holder shall become null and void on the 30th day following such termination.
F.
All licenses shall be numbered in the order in which
they are issued and shall be in such form and of such color and shall contain
such information as may be prescribed by the Board.
G.
Each license shall at all times be kept conspicuously
displayed in the place of business or employment, as the case may be, of the
licensee.[1]
[1]
Editor's Note: Former §§ 57-9, Renewal of Class
A master electrician's license, and 57-10, Class A master electrician's
license: additional requirements, which sections immediately followed this
one, were deleted 12-21-1992 by L.L. No. 1-1992.
A.
Any license issued hereunder may be suspended or revoked,
in the discretion of the Board, after hearing upon due notice held, upon charges
given to the licensee and an opportunity to be heard in his defense in person
and/or by attorney, if the Board is satisfied that the holder of such license
or any of his or its officers or employees willfully, or by reason of incompetence,
has violated any provision of this chapter or of any other law, or of any
ordinance, local law or building code[1] of the Village of Saugerties, New York, governing electrical work
or requiring permits therefor or any requirement contained in the rules and
regulations of the National Board of Fire Underwriters, known as the "National
Electrical Code."
B.
The Board may, in lieu of suspending or revoking a license
hereunder, impose a fine not exceeding $50 for the first offense, and not
less than $100 nor more than $500 for a subsequent offense and may suspend
the license until such fine is paid.
Any action of the Board may be reviewed by any person aggrieved thereby
in any court of competent jurisdiction by a proceeding instituted under the
provisions of Article 78 of the Civil Practice Law and Rules.
All installations of electrical work, all extensions thereto and all
alterations thereof within the Village of Saugerties, New York, shall be in
conformity with the provisions of this chapter and of any other law, or of
any ordinance, local law or building code of the Village of Saugerties, New
York, pertaining thereto, and shall also be in conformity with approved standards
for safety to life and property. In every case where no specific type or class
of material, or no specific standards are prescribed by law, conformity with
the regulations and requirements contained in the National Electrical Code
as approved by the American Standards Association shall be prima facie evidence
of conformity with approved standards for safety to life and property.
[Amended 12-21-1992 by L.L. No. 1-1992]
A.
The Chief Inspector, duly appointed as a representative
of the New York State Board of Fire Underwriters, or other approved inspecting
agency and authorized and required as such representative to make electrical
inspections within the Village of Saugerties, New York, or within an area
which includes the Village of Saugerties, New York, and each of his duly appointed
deputy and assistant inspectors are hereby authorized and deputized as agents
of the Village of Saugerties, New York, to make inspections and reinspections
of all electrical installations within the Village of Saugerties, New York,
and all extensions thereto and alternations thereof and to approve or disapprove
the same.
B.
No inspector shall engage in the business of master electrician
either directly or indirectly, nor shall he have any financial interest in
or connection with any person, firm, partnership or corporation conducting
such business.
C.
The inspector shall have the right during reasonable
hours to enter any building in the discharge of his official duties, or for
the purpose of making any inspection, reinspection or test of the installation
of electric wiring, devices, appliances and equipment contained therein, and
shall have the authority to cut or disconnect any wire in cases of emergency
where necessary for the safety of life or property, or where such wire may
interfere with the work of the Fire Department. He is also authorized to disconnect
or order the discontinuance of electrical service to any electric wiring,
devices, appliances or equipment found to be dangerous to life or property
because they are defective or defectively installed until they have been made
safe and been approved by him.
D.
It shall be the duty of the inspector or any approved
inspecting agencies to make an inspection of any premises wherein a fire or
explosive has occurred, and for such purpose it shall be the duty of the Chief
of the Fire Department of the Village of Saugerties, New York, within 24 hours
after such occurrence, to report or cause to be reported to the office of
the New York Board of Fire Underwriters from which such inspector operates
the address or location of such premises and to furnish such other information
and assistance with respect thereto as such inspector may require.
E.
The inspector shall make periodically a thorough reinspection
of the installation of all electric wiring, devices, appliances and equipment
now or hereafter installed within the Village of Saugerties, New York, and
within the scope of this chapter, and when any such installation is found
to be in a dangerous or unsafe condition, the person, firm or corporation
owning, using or operating the same shall be notified in writing and shall
make the necessary repairs or changes required to place the same in safe condition
and have such work completed within 15 days or such longer time as may be
specified by the inspector in such notice.
F.
When a tenant removes from a building or any portion
of a building used wholly or partly for mercantile, industrial or commercial
purposes, the electric meter shall be removed or locked by the public utility
company furnishing electric service to such tenant, and electricity shall
not be resupplied to these premises from any source until a new inspection
has been made and new certificate of approval has been issued if any change
has been made in the electrical installation subsequent to the last previous
inspection.
A.
It shall be unlawful for any person, firm or corporation
to make connection from a source of electrical energy to any electric wiring,
devices, appliances or equipment for the installation, extension or alteration
of which a permit is required by law until a certificate of approval or a
permit has been issued authorizing such connection and the use of such wiring,
devices, appliance or equipment.
B.
It shall be unlawful for any person, firm or corporation
to make connection from a source of electrical energy to any electric wiring,
devices, appliances or equipment which has been disconnected or ordered to
be disconnected by the inspector or the use of which has been ordered by the
inspector to be discontinued until a certificate of approval has been issued
by him authorizing the reconnection and use of such wiring, devices, appliances
or equipment.
[Amended 12-21-1992 by L.L. No. 1-1992]
A.
It shall be a violation of this chapter for any person
to install, alter or repair any electric wiring in the Village of Saugerties,
New York, until such time as proper application has been filed with the New
York State Board of Fire Underwriters, or any other approved agency, and a
permit obtained.
B.
No such permit shall be issued to any person, firm or
corporation, unless he or it is the holder of a license as a master electrician
under this chapter.
The provisions of this chapter shall not apply to persons engaged solely
in selling or solely in the attachment of ordinary electric appliances to
existing circuits where no joining or splicing of electrical conductors is
required; nor to the installation, maintenance or repair of elevators; nor
to any work involved in the manufacture, assembly, test or repair of electrical
machinery, apparatus, materials and equipment, by a person, firm or corporation
engaged in electrical manufacturing as their principal business; nor to the
work in connection with the erection, construction, maintenance or repair
of lines and facilities for the generation, transmission and distribution
of electricity from the source of supply to the service connection on the
premises where used, by public service companies as defined by the Transportation
Corporations Law of this state or municipal plants authorized to generate
or sell electricity; nor to the work of such companies or plants in installing,
maintaining and repairing on the consumer's premises of service connections,
meters and other apparatus and appliances remaining the property of such companies
or plants after installation; nor to emergency repairs of wiring and appliances
on consumer's premises necessary for the protection of life or property;
nor to the work of companies incorporated for the transmission of intelligence
by electricity in installing, maintaining or repairing wires, apparatus or
fixtures or other appliances.
A reciprocal license agreement may be arranged where the license requirements
of the counties involved or any political subdivisions thereof are substantially
equivalent.
It shall be unlawful for any person to employ an unlicensed electrician
to do any electrical work in the Village of Saugerties, New York.
All fees, fines and penalties derived by the Board from the operation
of this chapter shall be turned over by the Board to the Treasurer or other
fiscal officer of the Village of Saugerties, New York, exercising corresponding
functions within 10 days after they are received, and such moneys shall be
paid by such Treasurer into the general fund of the Village of Saugerties,
New York, and shall be available for use for any lawful Village purpose.
Any person who shall, directly or indirectly, engage in or work at,
the business of master electrician, master electrician limited or special
electrician in the Village of Saugerties, New York, without a master electrician
license, master electrician limited license or special electrician license
or who shall violate any of the provisions of this chapter or of any rule
or regulation made pursuant thereto or who, having had his license suspended
or revoked, shall continue to engage in or work at the business of master,
master limited or special electrician, as the case may be, shall, upon conviction
thereof, be punishable by a fine of not more than $250 or by imprisonment
for a term not more than 15 days, or by both such fine and imprisonment, and
each day on which such violation continues shall constitute a separate offense.
This chapter shall, not be construed to relieve from nor lessen the
responsibility of any person owning, operating, controlling or installing
any electric wiring, devices, appliances or equipment for loss of life or
damage to person or property caused by any defect therein, nor shall the Village
of Saugerties, New York, be deemed to have assumed any such liability by reason
of any inspection made or license issued pursuant to this chapter.
