[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 10-28-1963; amended in its entirety 4-9-2001 by L.L. No. 3-2001 (Ch.
71 of the 1976 Code). Subsequent amendments noted where applicable.]
The 1975 Edition of the National Electric Code, as sponsored
by the National Fire Protection Association, and any subsequent amendments
and supplements thereto, is hereby adopted as the electrical code
of the Village of Lancaster.
As used in this chapter, the following terms shall have the
meanings indicated:
An electrical inspection service designated pursuant to this
chapter by the Village Board of the Village of Lancaster as authorized
to perform electrical inspection services within the Village of Lancaster.
The Village of Lancaster Building Inspector.
All installation or altering of electrical wiring for light,
heat or power, which said installation or altering is subject to the
National Electric Code.
A.
Prohibited acts.
(1)
It shall be a violation of this chapter for any person or corporation
to perform, or cause to be performed, electrical work upon any property
within the Village of Lancaster until an application for inspection
has been filed with an authorized electrical inspection service. Said
application shall designate the authorized electrical inspection service
with which said application has been filed.
(2)
It shall be a violation of this chapter for a person or corporation
to connect, or cause to be connected, electrical work to any source
of electrical energy supply prior to the issuance of a temporary certificate
or a certificate of compliance by an authorized electrical inspection
service.
A.
It shall be the duty of the Building Inspector to enforce all provisions
of this chapter. In considering whether electrical work is in compliance
with the National Electric Code, the Building Inspector may receive
and rely upon the certificate of compliance or report of inspection
prepared and submitted by an authorized electrical inspection service.
B.
The Building Inspector shall inspect electrical wiring installations,
devices, appliances and equipment in or on properties within the Village
of Lancaster where he deems such is necessary for the protection of
life or property.
C.
The Building Inspector shall inspect electrical wiring installations,
devices, appliances and equipment in or on properties within the Village
of Lancaster upon the written request of the Police Chief, Fire Chief,
Superintendent of Public Works or a member of the Village Board of
Trustees. In the event of an emergency or imminent emergency, it is
the duty of the Building Inspector to make electrical inspections
upon the oral request of an official or officer of the Village of
Lancaster.
D.
It shall be the duty of the Building Inspector to furnish written
reports to the Fire Chief, Police Chief, Superintendent of Department
of Public Works and the Village Board and, if possible, the owners
and/or lessees of property where defective electrical installations
and equipment are found upon inspection.
E.
It shall be the duty of the Building Inspector to receive, acknowledge,
review and report to the Village Board, within two weeks thereof,
the receipt of a completed application from any party applying to
be designated by the Lancaster Village Board as an approved electrical
inspection service.
F.
If an applicant and the Building Inspector disagree whether an application
to be designated by the Village Board as an authorized electrical
inspection service is complete, then, upon written demand by the applicant,
the Building Inspector shall within five business days specify in
writing the provisions of this chapter with which the application
fails to comply.
G.
The Building Inspector may prepare and distribute forms, questionnaires,
instructions and other materials to assist in the completion and review
of applications by parties seeking to be designated by the Village
Board as an authorized electrical inspection service.
A.
Upon receipt of the report of the Building Inspector of a completed
application from a party applying for designation by the Lancaster
Village Board as an approved electrical inspection service, and unless
the applicant and the Village Board mutually agree otherwise in writing
or during an open meeting, the Village Board must approve or reject
the application within 30 days. If a completed application is rejected,
the reason therefor must be stated.
B.
The applicant, upon receipt of a statement in writing from the Building
Inspector specifying the reason(s) said application is not complete,
may directly petition the Village Board that said application be deemed
complete and that said applicant be designated as an approved electrical
inspection service. Unless the applicant and the Village Board mutually
agree otherwise in writing or during an open meeting, the Village
Board must approve or reject the petition within 30 days.
C.
An electrical inspection service designated as an authorized electrical
inspection service by the Village Board shall from the date of designation
be authorized to perform electrical inspection services within the
Village of Lancaster for the balance of five calendar years. Said
designation will be subject to earlier revocation by the Village Board
upon determination by the Village Board that the electrical inspection
service failed to comply or maintain compliance with the completed
application upon which designation was granted.
A.
A party seeking designation by the Village Board as an approved electrical
inspection service shall submit the following information to the Building
Inspector:
(1)
The name, street address and telephone number of the applicant.
(2)
Whether the applicant is an individual, partnership or corporation.
(3)
Whether the applicant is doing business in another name and, if so,
said name(s).
(4)
The name, address, qualification and training of all individuals
who will be performing electrical inspection services on behalf of
the applicant.
(5)
A schedule of fees.
(6)
A statement whether the applicant intends to utilize independent
contractors; if so, all independent contractor(s) shall be identified
by name, street address and telephone number.
B.
The applicant shall affirm the following either individually or,
if a corporation, by a duly authorized officer:
(1)
All electrical inspection services shall be performed by person(s)
who have documented and current credentials of passing the International
Association of Electrical Inspectors test for the type of inspections
being performed.
(2)
If any information submitted at the time of application shall become
incomplete or outdated, the applicant will notify the Building Inspector
of all changes in writing within 48 hours.
(3)
No person performing electrical inspections within the Village of
Lancaster shall engage in electrical work for compensation or have
any financial interest in any person, partnership or corporation engaged
in performing electrical work within the Village of Lancaster.
(4)
Electrical inspections shall be performed between 7:00 a.m. and 6:30
p.m., Monday through Friday, excluding holidays, unless prior written
consent is obtained from the Building Inspector.
(5)
The report of the final inspection shall be filed with the Building
Inspector within five business days of application for inspection.
Said report shall list the equipment inspected and shall certify whether
the electrical work inspected is in compliance with the National Electric
Code and the New York State Fire Prevention and Building Code.
(6)
The electrical inspection service shall provide to the Building Inspector
a telephone number for which the use thereof will not impose long-distance
charges upon the Village of Lancaster. Calls made by the Building
Inspector to such number shall be returned within 24 hours.
(7)
The electric inspection service will provide complementary inspections
in response to the reasonable request(s) of the Building Inspector.
(8)
The electrical inspection service will provide complementary inspections
in response to the reasonable request(s) of the Village of Lancaster
department heads as to electrical work performed by the Village of
Lancaster.
(9)
Fees charged for inspections will not be fully or partially contingent
upon approval by the electrical inspection service of the electrical
work inspected.
(10)
The electrical inspection service has received approval to perform
inspections by New York State Electric and Gas.
(11)
The electrical inspection service shall not inspect electrical
work which another approved electrical inspection service determined
to be noncompliant with the National Electric Code.
(12)
The electrical inspection service agrees to defend, indemnify
and hold harmless the Village of Lancaster with respect to all claims
of whatever nature arising against the Village of Lancaster, or any
official or employee thereof, with respect to the work performed by
the electrical inspection service.
(13)
If said electrical inspection service intends to utilize independent
contractor(s), the electrical inspection service agrees to defend,
indemnify and hold harmless the Village of Lancaster with respect
to all claims of whatever nature arising against the Village of Lancaster,
or any official or employee thereof, with respect to the work performed
by said independent contractor.
C.
The party seeking to be designated by the Lancaster Village Board
as an approved electrical inspection service shall submit the following:
(1)
Proof of liability insurance in the amount of at least $1,000,000
single limit for personal injury and property damage.
(2)
If said electrical inspection service intends to utilize one or more
independent contractor(s), proof of liability insurance in the amount
of at least $1,000,000 single limit for personal injury and property
damage, identifying as an additional insured each and every independent
contractor to be utilized.
(3)
Policies of liability insurance referenced above shall name as an
additional insured the Village of Lancaster. Said policies shall contain
the following clause: "In the event of any material alteration, nonrenewal
or cancellation of this policy, at least 30 days' notice thereof
shall be given to the Village of Lancaster Clerk-Treasurer, 5423 Broadway,
Lancaster, NY 14086."
(4)
A remittance of $1,000 payable to the Village of Lancaster to include
a nonrefundable application fee in the amount of $250 as the reasonable
expense to the Village in the administration of the application process
and the amount of $750 as the reasonable expense to the Village, over
the balance of five years, in supervising and administrating the electrical
inspection service. The remittance of $750 shall not be refunded once
an applicant is designated as an authorized electrical inspection
service.
This chapter shall become effective 30 days after enacted. To
assure that the Village of Lancaster is able to secure the services
of an authorized electrical inspection service, the New York Board
of Fire Underwriters is hereby provided an interim designation as
authorized electrical inspection service for a period of six months
following the effective date of this chapter.
