[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.
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING INSPECTOR
- The Town of Greece official charged with the enforcement of the Electrical Law.
- ELECTRICAL INSPECTOR
- A person, firm or organization licensed according to the provisions of this chapter to perform electrical inspections in the Town of Greece.
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 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.
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.
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.
The electrical inspector shall be authorized by the State of New York to conduct business within the boundaries of the State of New York.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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.