[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]
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.
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.
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]
For the purpose of this article, the terms used herein are defined as
follows:
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.
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.
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]
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:
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.
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.
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.
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.