Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wheatfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 69.
[Adopted 12-5-1966]

§ 89-1 Authorized agents.

The Chief Inspector and each of the duly appointed inspectors of the New York Board of Fire Underwriters are hereby authorized and deputized as agents of the Town of Wheatfield to make inspections and reinspections of all electrical installations heretofore and hereafter described and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Wheatfield.

§ 89-2 Powers and duties of electrical inspectors; certificate of compliance.

A. 
It shall be the duty of the inspector to report, in writing, to the Chief Building Inspector, whose duty it shall be to enforce all provisions of this article, all violations or deviations from or omissions of the electrical provisions of Chapter 69, Building Construction and Fire Prevention, applicable to the Town of Wheatfield and of all local laws and ordinances as referred to in this article insofar as any of the same apply to electrical wiring. The inspector shall make inspections and reinspections of electrical installations in and on properties in the Town of Wheatfield upon the written request of an authorized official of the Town of Wheatfield or as herein provided. The inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in or on properties within the Town of Wheatfield where he or she deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of the inspector to make electrical inspections upon the oral request of an official or officer of the Town of Wheatfield.
B. 
It shall be the duty of the inspector to furnish written reports to the proper officials of the Town of Wheatfield and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He or she shall authorize the issuing of a certificate of compliance when the electrical installations and equipment are in conformity with this article. He or she shall direct that a copy of the certificate of compliance be sent to the Town of Wheatfield to the attention of the Building Inspector.

§ 89-3 Violations.

It shall be a violation of this article for any person, firm or corporation to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties of the Town of Wheatfield until an application for inspection has been filed with the New York Board of Fire Underwriters. It shall be a violation of this article for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light or power, to any source of electrical energy supply prior to the issuance of a temporary certificate or a certificate of compliance by the New York Board of Underwriters.
[Adopted 2-9-2004 by L.L. No. 3-2004]

§ 89-4 Definitions.

For the purpose of this article, 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 installation 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 Wheatfield who holds a valid master electrician certificate issued by the Town of Wheatfield, New York.

§ 89-5 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 Wheatfield, New York, 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 this article.
B. 
A licensee may hire employees to do electrical work, but in any event all electrical work must be done by or under the supervision of the master electrician. No person shall solicit to render, contract for, or engage in electrical work without having obtained a license as a master electrician of the Town of Wheatfield. No journeyman electrician or wire man shall solicit to render, contract for, or engage in electrical work except while in the employ of a licensed master electrician. No electrical contracting company, firm or association shall solicit to render, contract for or engage in electrical work unless said company, firm or association has at least one duly licensed master electrician actively employed during normal scheduled working hours of said company to supervise journeymen, apprentices and helpers. No electrical contracting company, firm or association representative or employee shall apply to sign for an electrical work permit for another electrical company, firm or association. Said application must be made by a duly licensed master electrician employed by the company who is or has contracted to perform the work.
[Amended 3-12-2007 by L.L. No. 1-2007]
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.
D. 
The owner of a one- or two-family dwelling within the Town of Wheatfield may perform electrical work on his or her property, provided the necessary permits are obtained and the required inspections are conducted.
[Added 1-23-2006 by L.L. No. 2-2006; amended 3-12-2007 by L.L. No. 1-2007]

§ 89-6 Licensing application and procedure; restrictions; fees.

A. 
The Supervising Building Inspector 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 Supervising Building Inspector.
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 holds 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 Supervising Building Inspector and furnish such information as the Supervising Building Inspector shall require.
D. 
The required fee shall be as set by resolution of the Wheatfield Town Board.
E. 
The licensee shall file with the Supervising Building Inspector a certified of insurance naming the Town of Wheatfield, New York, as an additional insured in the following limits: $1,000,000 combined single limit for bodily injury liability and property damage liability.
F. 
Such license shall expire on the 31st of December in each year. The licensee may renew the license by submitting to the Supervising Building Inspector within 30 days preceding expiration of the license such documentation and information as the Supervising Building Inspector may require, paying the required fee and furnishing the certificate of insurance required by this article.
G. 
Restriction on use of license.
(1) 
Except as herein provided, no licensed person, firm or corporation duly licensed pursuant to this article shall allow his name to be used by any other person, firm or corporation, either for the purpose of obtaining a license under this article, a permit under building, plumbing and electrical standards of the Town of Wheatfield, 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 article, 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 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 Supervising Building Inspector, in writing, of the following:
(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 Supervising Building Inspector.
J. 
Such license shall be subject to revocation, in the discretion of the Wheatfield Town Board, upon conviction of the licensee or any master electrician in the employ of a licensee of a violation of this article or building, plumbing and electrical standards of the Town of Wheatfield, New York. Such license shall not be restored for one year after conviction and thereafter only in the discretion of the Wheatfield Town Board, provided that the Board is satisfied that the applicant has taken steps to assure that such violation will not occur again.
K. 
A violation of this article 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.

§ 89-7 Master electrician certificate; fee.

A. 
A master electrician shall be a natural person who holds a master electrician certificate issued pursuant to this article.
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 years, 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 the required fee.
(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 Supervising Building Inspector, 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.
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, in its sole discretion, is empowered to waive the examination requirement for any person who currently holds a valid master electrician's license certificate issued by a city, town or village which has a comprehensive competency examination requirement for the issuance of a master electrician license.
(2) 
Such person must comply with all of the requirements associated with this article.
(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.

§ 89-8 Examining Board of Electricians.

A. 
The Examining Board of Electricians shall consist of five persons appointed by the Town Board of the Town of Wheatfield, New York. Two members shall be master electricians, each having not less than 10 years' experience in electrical work. The other three members shall be the Building Department Head, the Electrical Inspector and the Secretary.
B. 
The term of office of each member of such Board, except the Building Inspector and the Electrical Inspector, shall commence upon appointment by the Town Board of the Town of Wheatfield and shall continue for two years from the first day of January of the year following his appointment.
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. Members of such Board shall receive compensation for each regular meeting, as set by the Wheatfield Town Board.
E. 
All members of such Board shall be residents of the Town of Wheatfield, New York.
F. 
The Examining Board of Electricians shall have power and it shall be its duty:
(1) 
To meet as determined by the Supervising Building Inspector at a location in the Town of Wheatfield, New York. It shall also meet whenever the Town Board shall request it to do so.
(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 Wheatfield, New York.
(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 Wheatfield, New York.
(4) 
The records of the Examining Board of Electricians shall be filed in the Supervising Building Inspector's office and shall be open for inspection during business hours.

§ 89-9 Penalties for offenses.

A. 
Any violation by a person, firm or corporation of any provision of this article shall be deemed a violation punishable by a fine not to exceed $250 or 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 article shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this article 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.