Town of Hempstead, NY
Nassau County
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[HISTORY: Comes from L.L. No. 14-1976, adopted 2-24-1976, effective 3-1-1976.]

§ 84-1 Examining Board of Electricians.

The Examining Board of Electricians of the Town of Hempstead shall consist of five members appointed by the Town Board, to hold office at the pleasure of the Town Board, and who shall be licensed master electricians with no less than 10 years' practical experience in the electrical trade. The members shall receive such compensation as shall be determined by the Town Board.

§ 84-2 Promulgation of rules and regulations.

The Examining Board of Electricians may make such rules and regulations for the conduct of its business as may be necessary and proper; provided, however, that said rules and regulations are duly promulgated pursuant to the requirements of the Town Law calling for a public hearing.

§ 84-3 Meetings.

The Examining Board of Electricians shall meet at the call of the Chairman, with notice given, by mail, to each member of the Board and to the Commissioner of Buildings or his designee, at least 24 hours prior to said meeting.

§ 84-4 Required records.

The Examining Board of Electricians shall keep a written record of all its meetings, proceedings and recommendations.

§ 84-5 Master electrician's license required; applications.

[Amended 2-10-1987 by L.L. No. 5-1987, effective 2-20-1987; 1-25-1994 by L.L. No. 7-1994, effective 1-31-1994]
A. 
Except as otherwise permitted in § 84-10 herein, no person shall engage in the installation and wiring of electrical apparatus in the Town of Hempstead in a professional capacity until such person shall apply for and obtain a master electrician's license to engage in such electrical work as herein provided.
B. 
Any person desiring a master electrician's license shall submit the following to the Examining Board of Electricians:
(1) 
An application, in the form prescribed by the Examining Board of Electricians, stating the applicant's name and place of business and, in the case of business under an assumed or trade name, a certified copy of the certificate of registration for such name, as is required by state law, and an application for written examination on a form provided by the educational testing service, together with an examination administration registration fee.
(2) 
Two photographs showing a recent likeness of the applicant and having dimensions of 1 1/2 inches by two inches.
(3) 
Proof of previous employment or the equivalent thereof (as required by the rules and regulations promulgated by the Examining Board of Electricians), with the exception of those individuals duly licensed as master electricians in any other municipality in the State of New York and who maintain their principal places of business in such municipality, provided that such municipality has like requirements and has signified, in writing, its desire to reciprocate with the Examining Board of Electricians of the Town of Hempstead, who must submit a certified copy of their master electricians' licenses.

§ 84-6 Examinations; exemptions.

[Amended 2-10-1987 by L.L. No. 15-1987, effective 2-20-1987; 2-28-1989 by L.L. No. 18-1989, effective 3-6-1989]
The Examining Board of Electricians shall administer a written or oral examination and a practical examination to determine the applicant's knowledge and ability to alter, install, renovate and repair electrical systems, with the exception of those individuals who have been duly licensed as master electricians in any other municipality in the State of New York and who maintain their principal places of business in such municipality, provided that said municipality has like requirements and has signified, in writing, its desire to reciprocate with the Examining Board of Electricians of the Town of Hempstead.

§ 84-7 Insurance.

A. 
Prior to the issuance of a master electrician's license or a renewal thereof, every applicant shall obtain public liability insurance and shall file a certificate thereof with the Department of Buildings in the following amounts:
(1) 
Not less than $100,000 for all damages arising out of bodily injury to one person.
(2) 
Not less than $300,000 for all damages arising out of bodily injury in any one accident.
(3) 
Not less than $50,000 for property damage.
B. 
Said insurance shall remain in full force and effect throughout the license period. Said insurance shall provide that no cancellation or material modification of such policy shall be made unless at least 15 days' prior written notice thereof is given by registered or certified mail to the Commissioner of Buildings of the Town of Hempstead.

§ 84-8 Fees and renewal fees.

[Amended 2-10-1987 by L.L. No. 15-1987, effective 2-20-1987]
The following fees shall be charged to the respective applicants:
A. 
Fifty dollars for filing the application and for examinations, which fee is not refundable.
[Amended 6-23-1998 by L.L. No. 30-1998, effective 7-22-1998]
B. 
One hundred fifty dollars, payable as the master electrician's license is issued.
[Amended 6-23-1998 by L.L. No. 30-1998, effective 7-22-1998]
C. 
Thirty dollars for those applicants who are duly licensed master electricians in any other municipality in the State of New York which has entered into a reciprocity or reciprocal agreement with the Town of Hempstead.
D. 
Forty-five dollars per year as a renewal fee for all applicants.
[Amended 6-23-1998 by L.L. No. 30-1998, effective 7-22-1998][1]
[1]:
Editor's Note: Former Subsection E, which immediately followed this subsection and which dealt with the Education Testing Service fee, was repealed 2-28-1989 by L.L. No. 18-1989, effective 3-6-1989.

§ 84-9 Expiration and renewal of license.

[Amended 2-10-1987 by L.L. No. 15-1987, effective 2-20-1987]
A. 
Every master electrician's license shall expire two years from December 31 next succeeding the date it shall have been issued and may be renewed, without examination, for the succeeding three years upon the payment of a fee of $90, as required by § 84-8D, if said renewal application is filed prior to January 31 of the year following the year of expiration. This subdivision shall become effective on January 1, 1987. Of the renewal applications due on or before December 31, 1986, by lottery, 1/3 of the total number of said licenses shall be renewed for a period of one year, 1/3 shall be renewed for a period of two years and 1/3 shall be renewed for a period of three years. If a renewal application is filed after January 31 but prior to December 31 of the year following the year of expiration, a renewal payment of $100 will be required.
B. 
If a renewal is filed after December 31 of the year following the year of expiration, all procedures heretofore set forth concerning new applications shall apply, including the payment of a thirty-dollar filing and examination fee and a one-hundred-dollar fee at the time the license is issued.

§ 84-10 Electrical wiring by home owner.

[Amended 1-25-1994 by L.L. No. 7-1994, effective 1-31-1994]
A. 
A person performing electrical work in his own home and personal residence shall be granted temporary permission to perform said electrical work, provided that an affidavit is filed with the Commissioner of Buildings stating that the owner resides on said premises and will perform electrical work in said residence.
B. 
An application from an inspection agency certified and approved by the Examining Board of Electricians of the Town of Hempstead shall accompany said affidavit. An oral examination shall be given to the homeowner to ascertain his or her qualifications to perform the work indicated on the application from an inspection agency certified and approved by the Examining Board of Electricians of the Town of Hempstead.

§ 84-11 Accepted methods and practices.

A. 
Except as may be provided otherwise in duly adopted rules and regulations, the regulations of the most current issue of the National Electric Code, or its equivalent, shall be deemed the accepted methods and practices of the electrical trade in the Town of Hempstead.
B. 
Except as may be provided otherwise in duly adopted rules and regulations, the materials, fittings and devices enumerated in the Underwriters' Laboratories, Inc., list of inspected electrical appliances, as revised, or those materials, fittings and devices enumerated in such list's equivalent shall be deemed those suitable for use by the electrical trade in the Town of Hempstead.

§ 84-12 Final inspection.

[Amended 1-25-1994 by L.L. No. 7-1994, effective 1-31-1994]
No electrical wiring, materials, apparatus, fixtures or appliances shall be placed in use until an application for a final inspection has been filed and the final certificate of compliance has been obtained from an inspection agency certified and approved by the Examining Board of Electricians of the Town of Hempstead.

§ 84-12.1 Reenergizing premises in an emergency.

[Added 6-24-2014 by L.L. No. 51-2014, effective 7-2-2014]
A. 
Notwithstanding § 84-12 hereof and/or any other rule, regulation, ordinance or local law to the contrary, the local electric utility may reenergize premises in which electrical wiring, materials, apparatus, fixtures or appliances have been installed but a certificate of compliance has not been obtained, provided that:
(1) 
The installation involved was necessary to repair flood damage, was performed within a geographic area covered by a state declaration of disaster emergency, or a local state of emergency, and was completed during the period in which the disaster emergency or state of emergency was in effect or within 30 days thereafter or such other period as the Commissioner may direct; or
(2) 
The installation involved was necessary to repair damage caused by flooding or other emergency conditions that caused the local electric utility to operate, in the community in which the involved premises are located, pursuant to its own emergency procedures; and
(3) 
The installation has been certified, by a licensed electrician as being compliant with all codes, ordinances, etc., applicable to the premises involved; or
(4) 
The installation has been verified safe by an electrician whose credentials are satisfactory to the local electric utility (whether or not he/she is a licensed electrician as that term is defined herein) and documentation of such verification, in a form acceptable to the local utility pursuant to said utility's emergency procedures, has been filed therewith.
B. 
Notwithstanding § 84-5A hereof and/or any other rule, regulation, ordinance or local law to the contrary, authority to reenergize premises under this section exists whether the installation involved was made by a licensed electrician (as that term is defined herein) or by an electrician duly licensed by another municipality.
C. 
Definitions. As used in this section, the following terms have the meanings given:
COMMISSIONER
The Commissioner of the Town of Hempstead Department of Buildings.
DEPARTMENT OF BUILDINGS
The governmental department established by § 52-1 of this Town Code.
GEOGRAPHY IN THE TOWN OF HEMPSTEAD or TERRITORY OF THE TOWN OF HEMPSTEAD
Includes only those portions of the Town in which the Department of Buildings has charge of the administration and enforcement of Building, Plumbing, Electrical and Housing Codes; ordinances, rules and regulations with respect to unsafe buildings, multiple residences, and places of public assembly; and other laws, ordinances, rules and regulations relating to the use or occupancy of real property or buildings or structures located thereon.
LICENSED ELECTRICIAN
A person who has applied for, obtained, and currently holds a master electrician's license pursuant to this Chapter 84.
LOCAL ELECTRIC UTILITY
The Long Island Power Authority, PSEG Long Island or their successors or any other commercial or governmental utility which provides electric service to premises under the jurisdiction of the Town of Hempstead Department of Buildings.
LOCAL STATE OF EMERGENCY
The proclamation, provided for in § 24 of the Executive Law of the State of New York, duly made by the Chief Executive of Nassau County (provided that such proclamation includes geography in the Town of Hempstead) or the Chief Executive of the Town of Hempstead.
STATE DECLARATION OF DISASTER EMERGENCY
The declaration, provided for by § 28 of the Executive Law of the State of New York and duly made by the governor of the State of New York (provided that such proclamation includes territory of the Town of Hempstead).

§ 84-13 Identification of master electrician.

[Amended 1-25-1994 by L.L. No. 7-1994, effective 1-31-1994]
A. 
Any master electrician licensed by the Town of Hempstead shall be required to indicate the following on any vehicle used in connection with such master electrician's business:
(1) 
The name of the master electrician.
(2) 
That he or she is in possession of a Town of Hempstead master electrician license.
(3) 
The Town of Hempstead master electrician's license number.
B. 
Any master electrician licensed by the Town of Hempstead shall be required to produce to any person upon demand identification that he or she is a licensed master electrician.

§ 84-14 Compliance with laws required.

All master electricians licensed pursuant to this chapter shall strictly comply with all provisions of this chapter, the Code of the Town of Hempstead and all other ordinances of the Town of Hempstead.

§ 84-15 Transfer or assignment of license prohibited.

Under no circumstances shall any licensee hereunder suffer or permit any person, firm, partnership or corporation to use a license not registered in the name of that person, firm, partnership or corporation.

§ 84-16 Post-application changes in status.

A. 
Whenever a licensed master electrician shall retire from business or shall change his place of business from the place named in his license application, the Examining Board of Electricians shall be notified of such retirement or the new address of his place of business.
B. 
Every licensed master electrician shall immediately file with the Examining Board of Electricians any change in the registered name of the business or any change of business affiliation in a firm, partnership, corporation or company.

§ 84-17 Moral character of applicants.

An applicant for an original or renewal license may be denied a license if the applicant is deemed to be not of good moral character or not in good standing professionally or if the applicant has been convicted of a crime or offense.

§ 84-18 Revocation or suspension of license.

A master electrician's license granted under the provisions of this chapter shall be valid until revoked by the Town Board or suspended by the Commissioner of Buildings, after due notice to the licensee of such proposed revocation or suspension and after a hearing on the matter. Said notice shall either be served personally or by registered or certified mail, to the licensee's last known address. Said hearing shall be held after at least 10 days' notice to the licensee. At said hearing the licensee shall have an opportunity to appear and be heard in relation to the proposed revocation or suspension.

§ 84-19 Inspection agencies. [1]

[Added 1-25-1994 by L.L. No. 7-1994, effective 1-31-1994]
A. 
The Examining Board of Electricians of the Town of Hempstead is hereby authorized to certify and approve inspection agencies to perform inspections of electrical wiring, materials, apparatus or appliances in the Town of Hempstead pursuant to the provisions of this chapter.
B. 
Any person employed in a capacity as an electrical inspector must be certified as such by a certified and approved inspection agency in the Town of Hempstead.
C. 
No person, while acting in his or her capacity as certified electrical inspector, shall possess or display a Town of Hempstead master electrician's license.
D. 
Any inspection agency certified and approved to perform electrical inspections in the Town of Hempstead must carry public liability insurance.
(1) 
Such insurance shall:
(a) 
Name the Town of Hempstead as an additional insured.
(b) 
Have not less than $10,000,000 for all damages arising out of bodily injury to one person.
(c) 
Have not less than $10,000,000 for damage arising out of bodily injury in any one accident.
(d) 
Have not less than $10,000,000 for property damage.
(e) 
Remain in full force and effect throughout the period such inspection agency performs electrical inspections in the Town of Hempstead. Said insurance shall provide that no cancellation or material modification of such policy shall be made unless at least 15 days' prior written notice thereof is given by registered or certified mail to the Commissioner of Buildings of the Town of Hempstead and the Examining Board of Electricians.
(2) 
A valid and current certificate of insurance shall be filed with the Examining Board of Electricians and the Department of Buildings.
E. 
No certified and approved inspection agency shall perform any electrical inspection of any installation or premises that such electrical inspection agency has any direct or indirect affiliation with.
[1]:
Editor's Note: Former § 84-19, Penalties for offenses, as amended, was repealed 1-25-1994 by L.L. No. 7-1994, effective 1-31-1994.

§ 84-20 Penalties for offenses.

[Added 1-25-1994 by L.L. No. 7-1994, effective 1-31-1994]
Any person committing an offense against any of the provisions of this chapter or of any rule or regulation made pursuant thereto shall be guilty of a violation punishable by a fine of not more than $1,000 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate additional offense.

§ 84-21 Severability.

[Added 1-25-1994 by L.L. No. 7-1994, effective 1-31-1994]
If any clause, sentence, paragraph, subdivision, section or part of this chapter is adjudged invalid by a court of competent jurisdiction, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part of this chapter that shall be directly involved in the controversy in which such judgment shall have been rendered.