[HISTORY: Adopted by the Town Board of the
Town of Greece 2-3-1987 by L.L. No. 1-1987. Amendments noted where
applicable.]
This chapter shall be known as the "Electrical
Law of the Town of Greece."
Since there is danger to life and property inherent
in the use of electrical energy, this chapter is enacted to regulate
the installation, alteration or repair of wiring for electric light,
heat or power and signal systems operating on 50 volts or more in
or on all property within the Town of Greece.
A.
BUILDING INSPECTOR
ELECTRICAL INSPECTOR
As used in this chapter, the following terms shall
have the meanings indicated:
The Town of Greece official charged with the enforcement
of the Electrical Law.
A person, firm or organization licensed according to the
provisions of this chapter to perform electrical inspections in the
Town of Greece.
B.
Words used in the singular include the plural, and
the plural includes the singular.
All electrical installations, alterations or
repairs of wiring for electric light, heat or power and signal systems
hereafter made in or on real property in the Town of Greece shall
be made in conformity with the requirements of the National Electrical
Code, as cited in the New York State Uniform Fire Prevention and Building
Code and as from time to time amended by the National Fire Protection
Association, except where the provisions of this chapter or any other
law, ordinance or Building Code[1] of the Town of Greece shall differently prescribe, in
which event compliance with the provisions of such law, ordinance
or Building Code shall be recognized as proper compliance with this
chapter.
A.
The Building Inspector through the Town Clerk of the Town of Greece is hereby authorized to license electrical inspectors to make inspections of all electrical installations hereinabove and hereinafter referred to and to approve or disapprove the same pursuant to the standards set forth in § 97-6 below. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Greece.
B.
The Building Inspector is authorized to cause to be
made inspections and reinspections of electrical wiring installations,
devices, appliances and equipment in and on properties within the
Town of Greece where he/she deems it necessary for the protection
of life and property. In such cases, a charge for said services will
be rendered, which charge shall be fixed from time to time by the
Town Board of the Town of Greece.
A.
The electrical inspector shall be authorized by the
State of New York to conduct business within the boundaries of the
State of New York.
B.
The electrical inspector shall maintain insurance
policies in full force and effect while performing inspections and
submitting certificates of inspection and compliance. Said policies
shall include statutory workers' compensation for his/her employees
and workers and public liability insurance of at least $1,000,000
for personal injury, $100,000 for property damage and $5,000,000 for
excess liability. All policies must name the Town of Greece as an
additional insured, and a certificate of insurance showing coverage
in the required amounts shall be submitted to the Town of Greece.
The terms of the policies shall be subject to the approval of the
Town of Greece.
C.
The electrical inspector shall furnish to the Town
of Greece proof of financial responsibility and organizational continuity,
and the approval of such proof shall lie solely within the discretion
of the Town of Greece.
D.
The electrical inspector shall not solicit of any
person, firm or corporation, 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.
Any such waiver shall be void as against public policy.
E.
The electrical inspector shall require all wiring to meet standards of the latest revision of the National Electrical Code, in accordance with § 97-4 of this chapter.
F.
The electrical inspector shall maintain an office
in the Rochester service area, staffed to receive telephone calls
during normal business days for a minimum of eight hours a day. It
shall have at least one full-time employee on staff who shall have
a minimum of 8,000 hours of experience as an electrician, and every
other inspector shall have at least 4,000 hours of experience as an
electrician. All inspectors shall have adequate experience and education
relating to the principles of electricity, construction practices
of the electrical trade and code interpretation. Proof of such qualifications
shall be submitted to the Building Inspector in a form and according
to the rules established by said Building Inspector. The final determination
as to which electrical inspector meets the qualifications shall be
in the sole discretion of the Building Inspector.
G.
The electrical inspector shall maintain a system to
receive applications, to conduct inspections and to issue inspection
reports in accordance with Town of Greece building inspection procedures
as may be established from time to time. All inspection and notification
forms must be approved by the Building Inspector.
H.
The electrical inspector shall provide to the Building Inspector and to the owners and/or lessees written reports of noncompliance of electrical installations and shall forward certificates of compliance in a timely manner when the electrical installation and equipment are in conformity, as outlined in § 97-4 of this chapter. The electrical inspector shall also maintain all records for a minimum of six years and shall provide to the Building Inspector, without cost to the Town of Greece, and to the owners and/or lessees records of inspections when requested.
I.
The electrical inspector shall not compete with others
in any manner which would cause him/her to reduce the quality of his/her
inspections. The electrical inspector shall not accept without Town
of Greece approval an application nor conduct an inspection at any
given location for which the applicant has been informed by another
inspector of existing violations. The electrical inspector shall make
such inquiry on his/her standard application form.
J.
When an electrical inspector finds a violation or refuses to approve work performed, no person, firm or corporation shall request, without the approval of the Town of Greece, inspections or approvals of electrical work from an inspector other than the inspector who found the violation, excepting courtesy and emergency inspections made at the request of the Building Inspector per § 97-9, which shall be done at no charge to either the Town of Greece or the consumer and shall not obligate the consumer to the electrical inspector in any way.
K.
The electrical inspector and each individual inspector
shall affirm that they presently do 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 counties
of Monroe, Orleans, Ontario, Wayne, Genesee and Livingston in the
State of New York and that the individual inspector will not engage
in the work as an electrician anywhere within said counties.
L.
Any change in the status of the electrical inspector,
including but not limited to fee schedules, insurance rates or employee
status, will immediately be reported to the Town Clerk. Failure to
report a change of status within 10 working days shall constitute
a violation of the provisions of this chapter.
M.
These standards shall not be construed to relieve
from or lessen the responsibility of any inspector, agency or person
owning, operating, controlling or installing any electrical wiring
devices or equipment for loss of life or damage to person and/or property
caused by any defect therein, nor shall the Town of Greece or its
inspectors be deemed to have assumed any such liability by reason
of any inspection made pursuant to this chapter.
N.
All electrical inspectors shall submit an annual report
no later than February 1, covering the period of January through December
of the previous year. The report shall reflect the electrical inspector's
current fee schedule, insurance limits and staffing. The report shall
also show the number of certificates of compliance issued and fees
collected for the previous year. The report shall be in a form acceptable
to the Building Inspector and the Town Clerk. Failure to submit such
report in a timely manner shall constitute a violation of the provisions
of this chapter.
A.
If at any time any person, including an official or
employee of the Town of Greece, deems that an electrical inspector
is incompetent, unqualified or has violated this chapter, such person
shall file a written complaint with the Town Clerk and the Building
Inspector. The Town Board shall conduct or designate a hearing officer
to conduct a hearing after service of a notice of hearing. Service
of such notice shall be made 10 days prior to the hearing date and
may be made in person or by certified mail. If mailed to the inspector's
place of business as filed with the Town of Greece, such service shall
be deemed sufficient notice. At said hearing, the complainant and
responding inspector may be in attendance to present testimony and
witnesses on their behalf. If a hearing officer has been designated,
he/she shall thereafter forward his/her recommendations and the basis
therefor to the Town Board. The Town Board shall, by majority vote,
determine whether to revoke, suspend, reinstate or take no action
on the complaint. Such determination shall be made in writing and
filed with the Town Clerk. If any member of the Town Board shall be
the complainant, such member shall not be entitled to vote.
B.
When the Building Inspector determines that there
is sufficient danger to the public or to the health, safety and welfare
of any resident of the Town of Greece, he/she may suspend any license
granted under this chapter for a period of 30 days pending a hearing
as herein provided.
A.
It shall be the duty of the electrical inspector to
report, in writing, to the Building Inspector all violations of or
deviations from or omissions of the electrical provisions of the National
Electrical Code and of all laws, ordinances and the Building Code
as referred to in this chapter insofar as any of the same apply to
electrical wiring.
B.
The inspector shall make inspections and reinspections
of electrical installations in and on properties in the Town of Greece
upon written request of an authorized official of the Town of Greece
or as herein provided.
C.
In the event of an emergency, it is the duty of the
inspector to make electrical inspections upon the oral request of
an official or officer of the Town of Greece. It shall be the duty
of the inspector to furnish written reports to the proper officials
of the Town of Greece and to the owners and/or lessees of property
where defective electrical installations and equipment are found upon
inspection.
D.
He/She shall authorize the issuing of a certificate
of compliance when electrical installations and equipment are in conformity
with this chapter. He/She shall direct that a copy of the certificate
of compliance be sent to the Building Inspector.
E.
When an inspection or reinspection shows a defective
electrical installation or a defective electrical device, appliance
or equipment, the electrical inspector making the same shall submit
a written disapproval report thereof to the Building Inspector and
cause a copy of such report to be sent to the owners and/or lessees
of the property inspected.
A.
It shall be a violation of this chapter for any person,
firm or corporation to install or cause to be installed or to alter
or repair electrical wiring for light, heat or power in or on properties
in the Town of Greece until a written application for the inspection
has been filed with the electrical inspector. The electrical inspector
shall forward to the Building Inspector a record of all such applications
received by him/her.
B.
It shall be a violation of this chapter for any person,
firm or corporation to connect or cause to be connected electrical
wiring in or on properties in the Town of Greece for light, heat or
power to any source of electrical energy supply prior to the issuance
of a temporary certificate of compliance by the electrical inspector.
The electrical inspector shall forward to the Building Inspector a
record of all temporary certificates issued by him/her.
[Amended 3-17-1992 by L.L. No. 1-1992]
A.
Any person, firm or corporation violating any provision
of this chapter shall be guilty of a misdemeanor and shall be subject
to a fine of up to $250 or imprisonment for a term not to exceed 15
days, or both. The imposition of one penalty for any violation shall
not excuse the violation nor permit it to continue. Each and every
day such violation continues, and each and every inspection done in
violation of this chapter, shall constitute a separate offense.
B.
The application of the above penalty or the prosecution
of a violation of the provisions of this chapter shall not be held
to prevent the enforcement of this chapter by other action. Such action
or proceeding in the name of the Town of Greece may be commenced in
any court of competent jurisdiction to compel compliance with or restrain
by injunction the violation of any provision of this chapter.
The provisions of this chapter shall not apply
to the electrical installations in mines, ships, railway cars, automotive
equipment or the installations on equipment employed by a railroad,
electrical or communication utility in the exercise of its function
for that purpose. This chapter shall not apply to any work involved
in the manufacture, assembly, test or repair of electrical machinery,
apparatus, materials and equipment by a person, firm or corporation
engaged in electrical manufacturing as his/her/its principal business.
It shall not apply to any building which is owned or leased in its
entirety by the governments of the United States or the State of New
York.
This chapter shall not be construed to hold
the Town of Greece responsible for any damage to person or property
by reason of the inspection or reinspection authorized herein, or
failure to inspect or reinspect required under this chapter; nor shall
the Town of Greece be liable for any damage to person or property
by reason of the Building Inspector exercising his/her discretion
as provided for in this chapter.
