[HISTORY: Comes from L.L.
No. 14-1976, adopted 2-24-1976, effective 3-1-1976.]
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.
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.
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.
The Examining Board of Electricians shall keep a written record
of all its meetings, proceedings and recommendations.
[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.
[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.
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:
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.
[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.
[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.
[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.
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.
[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.
[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 electrical utility (whether
or not he/she is a licensed electrician as that term is defined herein)
or by an authorized electrical inspection agency, and documentation
of such verification, in a form acceptable to the local utility pursuant
to said utility's emergency procedures, has been filed therewith.
[Amended 9-2-2014 by L.L. No. 79-2014, effective 9-23-2014]
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.
AUTHORIZED ELECTRICAL INSPECTION AGENCY
COMMISSIONER
DEPARTMENT OF BUILDINGS
GEOGRAPHY IN THE TOWN OF HEMPSTEAD or TERRITORY OF THE TOWN
OF HEMPSTEAD
LICENSED ELECTRICIAN
LOCAL ELECTRIC UTILITY
LOCAL STATE OF EMERGENCY
STATE DECLARATION OF DISASTER EMERGENCY
Definitions. As used in this section, the following terms have the
meanings given:
Any electrical inspection agency or company authorized by
Town Board resolution to provide electrical inspection services within
the Town of Hempstead.
[Added 9-2-2014 by L.L. No. 79-2014, effective 9-23-2014]
The Commissioner of the Town of Hempstead Department of Buildings.
The governmental department established by § 52-1 of this Town Code.
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.
A person who has applied for, obtained, and currently holds a master electrician's license pursuant to this Chapter 84.
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.
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.
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).
[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:
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.
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.
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.
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.
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.
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.
[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.
[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.
[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.
