[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 8-15-1996 by L.L. No. 5-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 41.
Fire prevention and building code administration — See
Ch. 61.
[1]
Editor's Note: This local law also repealed
former Ch. 51, Electrical Standards, adopted 5-7-1987 by L.L. No.
4-1987.
A.
The Town Board of the Town of Wawarsing ("the Town")
hereby finds that to protect the health, safety and welfare of the
occupants and owners of property in the Town, there shall exist a
procedure whereby electrical inspections shall be performed by qualified
inspectors who shall report their findings to the Town but shall not
be agents, employees or contractors of the Town.
B.
The purpose of this chapter is to establish a procedure
whereby such inspectors shall be qualified in accordance with the
standards set forth herein. This chapter also describes the duties
of such inspectors and provides for violations of the provisions of
this chapter.
This chapter is adopted pursuant to the delegation
of authority as set forth in the Municipal Home Rule Law, Article
IX of the New York State Constitution and the Statute of Local Governments.
A.
The Building Inspector of the Town is hereby authorized
to accept electrical inspections from any qualified electrical inspector.
No person or agency shall be deemed to be qualified within the meaning
of this chapter unless such person or agency has first complied with
all of the requirements set forth in this chapter and continues to
comply with these requirements as follows:
(1)
The person or agency shall furnish the Town with currently
effective certificates of insurance including statutory workmen's
compensation insurance for its employees and workmen, public liability
insurance for property damage in the minimum amount of $1,000,000
and personal injury claims in the minimum amount of $1,000,000. The
person or agency shall maintain such insurance policies in full force
and effect while performing inspections and submitting certificates,
and such policies shall name the Town as an additional insured. All
cancellation notices must be sent to the Town upon issuance.
(2)
The person, if using a trade name other than his or
her own name, and all inspection agencies shall furnish the Town Building
Department with a certified copy of the proper business, partnership
or corporate certificate and proof of filing with the appropriate
recording office.
(3)
The person or agency shall not solicit of any person
or entity or require, as a 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 person or agency shall require all wiring to meet
standards of the latest revision of the National Electrical Code (NEC),
the New York State Uniform Fire Prevention and Building Code (hereinafter
referred to as the "code"), including the regulations thereunder,
and all other applicable codes prescribed by the State of New York
or the Town in which the inspected premises are located and also the
applicable rules and regulations of the appropriate utility company.
All references in this chapter to the National Electrical Code, the
New York State Uniform Fire Prevention and Building Code (the "code")
and other applicable codes, rules and regulations shall be deemed
to include all amendments to the same which may occur after the adoption
of this chapter.
(5)
The person or agency shall not compete with others
in any manner which would cause it to reduce the quality if its inspections.
The person or agency shall not knowingly accept an application at
any given location from any applicant who has received violations
from another inspector, agency, utility company, insurance examiner
and/or municipal official.
(6)
Each person or agency performing inspections must
file a list of current inspection charges and fees with the Town.
Established charges will be applied uniformly and will not be discounted.
Inspections and reports shall be made only by qualified electrical
inspectors permitted to make such inspections by this chapter and
by the relevant codes, utility companies and all other applicable
governmental requirements. The person or agency shall ensure that
the inspectors they employ have adequate experience, education and
training as follows:
(a)
Have working knowledge of the principles of
electricity necessary to interpret the NEC, the code and other applicable
requirements.
(b)
Know the requirements of the NEC, the code and
other applicable requirements.
(c)
Be familiar with the construction practices
of the electrical wiring trade.
(d)
Each particular inspector shall submit written
proof of successful completion of one of the following courses, together
with updates as required:
[1]
International Association of Electrical Inspectors'
(IAEI) National Certification program for Electrical Inspectors.
[2]
National Certification Program for Construction
Code (Electrical) Inspectors.
[3]
The National Fire Protection Association's National
Electric Code Thirty-Two-Hour Course.
[4]
Any other comparable course as approved by the
Town Building Inspector.
(7)
The person or agency, its employees and workmen shall
comply with all federal, state and local laws, ordinances, rules and
regulations pertaining to any electrical inspection.
(8)
The person or agency agrees to maintain adequate records
so that it can provide the Town and applicable officials with records
of inspections when requested. Such records will be maintained for
a minimum of five years.
(9)
The person or agency performing the electrical inspection
shall establish a system to receive applications and issue inspection
reports in accordance with the following:
(a)
The person or agency shall provide an application
form which shall include a copy for the Town, for the applicable utility
company and for the landowner or applicant. The form shall contain
or have attached a statement that the person or agency has no knowledge
of any other violations previously issued for the property or, if
such violations were issued, the form shall state how such violations
were or will be corrected.
(b)
The person or agency shall issue a temporary
certificate to the Town giving notice that a preliminary inspection
has been made and it is safe to energize the service. A copy of the
same shall be filed with the applicable utility company.
(c)
The person or agency shall establish a procedure
for prompt notification of any noncompliance. This notice shall be
served on the Town Building Department, the applicable utility company
and the applicant and landowner, if different.
(d)
The person or agency shall issue a certificate
of compliance on a form acceptable to the Town and shall provide a
copy of the certificate to the Town Building Department, the applicable
utility company and the applicant and landowner, if different. All
such certificates of compliance must be filed with the Town Building
Department and accepted as complete before the certificate of occupancy
can be granted.
(10)
For good cause and when requested by the Town prior
to issuance of a certificate of occupancy, the person or agency will
perform a reinspection of an existing electrical service and related
components and submit a formal report to the utility company, Town
Building Department, applicant and/or landowner in letter form.
(11)
All inspections will be completed and certificates
issued in a timely manner to ensure that applicants are not subjected
to undue delay in receiving electric service. Inspections shall normally
be made within 48 hours of the receipt of the application.
(12)
All inspectors, upon request of the Town Building
Department, shall submit proof to such Department of meeting the requirements
set forth in this chapter inclusive of any special standards for the
particular structure to be inspected. The Town Building Inspector
shall have the authority to determine the particular inspector unqualified
to perform such inspections in the Town for good cause, including,
without limitation, such inspector's exhibited lack of knowledge of
the particular codes and regulations. Prior to making such determination,
the Building Inspector shall provide written notice to the particular
inspector or agency setting forth the reasons for the particular concerns,
and the inspector or agency shall have not more than 10 days from
receipt of the notice to submit written proof to the Building Inspector
on the issue of the qualifications and competence of the particular
inspector or agency. Within 10 days of receipt of this written proof
or, if no proof is received, within 25 days of the mailing of the
notice, the Building Inspector shall render a final determination
in writing setting forth the reasons for such determination.
B.
Failure of any person or agency to abide by the above
requirements shall be grounds for the Town to provide notice to the
person, agency, utility company, applicant and landowner that such
inspector is no longer qualified to perform such inspections in the
Town.
A.
The inspector shall not be deemed to be an employee
or agent of the Town; rather, the inspector shall be an independent
contractor who shall be hired by the property owner or applicant and
whose fees shall be paid by the property owner or applicant. The inspector
shall remain at all times liable to the landowner and/or applicant
for any damage related to the acts or omissions of said inspector,
and the Town assumes no liability therein.
B.
It shall remain the duty of the Building Inspector
to enforce all provisions of the New York State Uniform Fire Prevention
and Building Code including all violations or deviations from or omissions
of the electrical provisions of said code and also of any other local
laws and/or ordinances of the Town insofar as any of the same apply
to electrical wiring. The Town Building Inspector or his or her duly
authorized designee retains at all times the right to make inspections
and reinspections of electrical wiring, installations, devices, appliances
and equipment in or on properties within the Town where he or she
deems it necessary for the protection of life and property.
C.
Nothing in this chapter shall be interpreted to require
the Town to pay for any costs, expenses or fees relative to the work
of the electrical inspectors authorized hereunder.
It shall be a violation of this chapter for
any person, firm, entity 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 until an application for inspection has
been filed with the Town Building Department. It shall be a violation
of this chapter for a person, firm, entity or corporation to connect
or cause to be connected electrical wiring in or on properties for
light, heat or power to any source of electrical energy supply prior
to the filing with and acceptance by the Town of a certificate of
compliance by an inspector as qualified herein. The penalty for a
violation of this chapter shall be a fine up to $250 or 15 days in
jail, or both such fine and jail sentence. Each day that a violation
has been in existence shall be deemed to be a separate violation.
