The Chief Inspectors and the duly appointed inspectors of any inspection
agency, approved by the City of Canandaigua under the provisions of this chapter
(the Agency), are hereby authorized and deputized as agents of the City of
Canandaigua to make electrical inspections and reinspections of all electrical
installations hereinafter described and to approve or disapprove of such installations.
[Amended 3-4-2004 by Ord. No. 2004-003]
A. Qualifications.
(1) The Agency shall be authorized by the State of New York
to conduct business within New York State.
(2) The Agency shall furnish the City of Canandaigua with
proof of financial responsibility and organizational continuity, approval
of which lies solely within the discretion of the City of Canandaigua.
(3) The Agency shall not solicit of any person or entity
or require as condition of inspection any waiver of responsibility of an error,
omission, or recommendation made by its inspectors, or for any other action
of its inspectors.
(4) The Agency shall require all wiring to meet standards
of the latest revision of the National Electrical Code, and of any applicable
code prescribed by the State of New York and applicable rules and regulations
of the City of Canandaigua.
(5) The Agency shall not compete with any other agency in
any manner which would cause it to reduce the quality of its inspections.
The Agency shall not knowingly accept an application at any given location
from any applicant who has received violations from another Agency. The Agency
shall make such inquiry on its standard application form. The Agency, in order
to be authorized to carry out a particular inspection, must be named on the
building permit application as the inspection Agency. No changing from the
Agency designated on the application to another Agency will be allowed and
inspections by an Agency other than the one designated on the application
will not be accepted.
(6) Each Agency is required to maintain a file of current
inspection charges with the City of Canandaigua. Established charges will
be applied uniformly and will not be discounted. Inspections and reports shall
be made only by qualified electrical inspectors. The Agency shall have a minimum
of two inspectors. The Agency shall insure that the inspectors they employ
have adequate experience, education and training as follows:
(a) Inspectors shall have a minimum of five years' full-time
work experience as a journeyman electrician prior to employment as an electrical
inspector.
(b) New electrical inspectors shall complete a two-month
training program prior to doing electrical inspections as prescribed by the
Agency.
(c) All inspectors shall be a member of the International
Association of Electrical Inspectors.
(d) Have a working knowledge of the principles of electricity
necessary to interpret the National Electrical Codes, New York State Codes,
and the City of Canandaigua Codes.
(e) Know the requirements of the National Electrical Codes,
New York State Codes and any other applicable requirements.
(f) Be familiar with the construction practices of the electrical
wiring trade.
(g) Affirmation by Agency and each individual inspector that
it, he or she presently does not and will not engage in or have any interest,
direct or indirect, with any wholesaler or retailer of electrical equipment
that transacts any business in the State of New York; and that the individual
inspector will not engage in the work of an electrician anywhere within the
State of New York, except that an inspector may do electrical work on his
own personal dwelling residence. However, if any inspector does electrical
work on his own personal dwelling residence in the City of Canandaigua for
which a license is required pursuant to this Code, such electrical work shall
be inspected by another authorized person who is qualified to conduct inspections
in the City of Canandaigua.
(7) The Agency agrees to maintain adequate records so that
it can provide the City of Canandaigua, its customer, and municipal officials
with records of inspection when requested. Such records will be maintained
for a minimum of six years.
(8) The Agency will maintain an office in the Rochester service
area staffed to receive telephone calls during normal business days for a
minimum of six hours per day.
(9) The Agency shall establish a system to receive applications
and issue inspection reports in accordance with the following:
(a) The Agency shall provide an application form and shall
provide a copy to the City of Canandaigua Office of Code Enforcement and the
applicant/customer at the time of application.
(b) The Agency shall issue a certificate to the City of Canandaigua
giving notice that an inspection of the electrical service entrance has been
made, and that it is safe to energize the service. The certificate shall be
issued in a timely manner to insure that customers are not subjected to undue
delay in receiving electrical service.
(c) The Agency, in subsequent inspections of the wiring system,
shall provide within three business days written notification of any noncompliance.
This notice shall be served on the City of Canandaigua Office of Code Enforcement
and the applicant/customer.
(d) Upon a finding of compliance, the Agency shall issue
a certificate of final compliance and shall provide a copy of the certificate
to the City of Canandaigua Office of Code Enforcement and the applicant/customer.
(10) When requested by the City of Canandaigua, the Agency
will perform inspection and reinspection of an existing dwelling and submit
a formal report to the City of Canandaigua Office of Code Enforcement and
customer in letter form.
(11) All charges for inspections, reinspections and reports
regarding same, as provided above, shall be without cost to the City of Canandaigua.
(12) Each Agency seeking acceptance to provide electrical
inspection services within the City of Canandaigua shall submit documentation
certifying the aforementioned requirements of the City Manager, Code Enforcement
Officer, and the Fire Chief must unanimously approve such application for
the Agency to be approved as an electrical inspection agency. Acceptance or
denial in writing from the City Manager will be provided to the applying electrical
inspection agency upon approval of documentation of qualification and compliance
with standards. Qualifications and standards will be filed with the City Clerk/Treasurer
and be available for public inspection.
(13) Any departure from the above standards or change in the
status of the business of the Agency will be reported to the Code Enforcement
Officer of the City of Canandaigua within 30 days thereof in written form
signed by the licensee.
B. Suspension or revocation of license.
(1) If at any time any person believes that an individual
inspector or Agency is incompetent, guilty of misconduct, or unqualified such
person shall file a complaint in writing with the City Manager. The City Manager,
Code Enforcement Officer and Fire Chief shall conduct a hearing within 30
days after the filing of the complaint, at which time the complainant and
the accused Agency and/or inspector shall be given the opportunity to be present
and present testimony and witnesses on its behalf. The City Manager, Code
Enforcement Officer and Fire Chief shall determine by majority vote whether
to revoke, suspend or take no action on the complaint, such determination
to be made in writing, and filed with the City Clerk/Treasurer and the enforcing
officers within 15 days after said hearing is closed. If the City Manager,
Code Enforcement Officer or Fire Chief shall be the complainant, such complainant
shall not be entitled to vote upon such complaint and the Chief of Police
shall take the place of the complainant in conducting the hearing and voting
upon the complaint.
(2) If any required insurance coverages shall be canceled
or revoked, or otherwise lapse, the license of the Agency to carry on its
work in the City shall be automatically suspended.
C. No waiver or assumption of liability. These standards
shall not be construed to relieve from or lessen the responsibility of any
Agency or person owning, operating, controlling or installing any electrical
wiring devices, or equipment for loss of life, or damage to person and property
caused by and defect therein, nor shall the City of Canandaigua or its inspectors
be deemed to have assumed any such liability by reason of any inspection made
pursuant to these standards.
D. Insurance requirements.
(1) Agencies authorized to carry out electrical inspections
in this City must supply valid certificates of insurance to the City showing
statutory worker's compensation coverage and automobile and public liability
coverage for property damage and personal injury, including wrongful death
as set forth below:
(a) Worker's compensation and New York State disability:
Statutory requirement.
(b) General liability: $1,000,000 per occurrence; $2,000,000
aggregate minimum.
(c) Umbrella liability: $5,000,000 minimum.
(d) Automobile liability: $1,000,000 combined single limit.
(2) In the event of cancellation of any of the above insurance
policies, the Electrical Inspection Agency and/or the insurance carrier must
submit to the City Clerk/Treasurer's Office, City of Canandaigua, a ten-day
notice of cancellation of any of the Insurance policies in effect prior to
the cancellation date.
(3) Failure to comply with this request will be considered
sufficient reason for cancellation and/or suspension of agency jurisdiction.
The schedule of rates as determined by each Agency for electrical inspections
shall be filed with the Code Enforcement Officer and City Clerk/Treasurer
of the City of Canandaigua.