Building construction — See Ch. 85.
§ 110-1Statement of findings and purpose.
§ 110-2Statement of authority.
§ 110-3Qualifications and duties of electrical inspector.
§ 110-4Electrical inspectors not employees or agents of the Town.
§ 110-5Penalties for offenses.
The Town Board of the Town of Montgomery hereby finds that to protect the health, safety and welfare of the occupants and owners of property in the Town, there shall exist a procedure whereby electrical inspections shall be performed by qualified inspectors who shall report their findings to the Town of Montgomery but shall not be agents, employees or contractors of the Town of Montgomery.
The purpose of this chapter is to establish a procedure whereby such inspectors shall be qualified in accordance with the standards set forth herein. This chapter also describes the duties of such inspectors and provides for violations of the provisions of this chapter.
This chapter is adopted pursuant to the delegation of authority as set forth in the Municipal Home Rule Law; Article IX of the New York State Constitution and the Statute of Local Governments.
The Code Enforcement Officer of the Town of Montgomery is hereby authorized to accept electrical inspections from any qualified electrical inspector. No person or agency shall be deemed to be qualified within the meaning of this chapter unless such person or agency has first complied with all of the requirements set forth in this chapter and continues to comply with these requirements as follows:
The person or agency shall furnish the Town of Montgomery with currently effective certificates of insurance including statutory workmen's compensation insurance for its employees and workmen, public liability insurance for property damage in the minimum amount of $1,000,000 and personal injury claims in the minimum amount of $1,000,000. The person or agency shall maintain such insurance polices in full force and effect while performing inspections and submitting certificates, and such policies shall name the Town of Montgomery as an additional insured. All cancellation notices must be sent to the Town of Montgomery upon issuance.
The person, if using a trade name other than his or her own name, and all inspection agencies shall furnish the Town of Montgomery Building Department with proof of filing of the proper business, partnership or corporate certificate with the appropriate recording office.
The person or agency shall not solicit of any person or entity 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.
The person or agency shall require all wiring to meet standards of the latest revision of the National Electric Code, the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Code") including the regulations thereunder and all other applicable codes prescribed by the State of New York or the Town of Montgomery in which the inspected premises are located and also the applicable rules and regulations of the appropriate utility company. All references in this chapter to the National Electric Code, the New York State Uniform Fire Prevention Code (the "Code") and other applicable codes, rules and regulations shall be deemed to include all amendments to same which may occur after the adoption of this chapter.
The person or agency shall not compete with others in any manner which would cause it to reduce the quality of its inspections. The person or agency shall not knowingly accept an application at any given location from any applicant who has received violations from another inspector, agency, utility company, insurance examiner and/or municipal official.
Each person or agency performing inspections must file a list of current inspection charges and fees with the Town of Montgomery. Established charges will be applied uniformly and will not be discounted. Inspections and reports shall be made only by qualified electrical inspectors permitted to make such inspections by this chapter and by the relevant codes, utility companies and all other applicable governmental requirements. The person or agency shall insure that the inspectors they employ have adequate experience, education and training as follows:
Have a working knowledge of the principles of electricity necessary to interpret the NEC, the Code and other applicable requirements.
Know the requirements of the NEC, the Code and other applicable requirements.
Be familiar with the construction practices of the electrical wiring trade.
Each particular inspector shall submit written proof of successful completion of one of the following courses together with updates as required:
International Association of Electrical Inspector's (IAEI) National Certification Program for Electrical Inspectors.
National Certification Program for Construction Code (Electrical) Inspectors.
The National Fire Protection Association's "National Electric Code 32 Hour Course."
Any other comparable course as approved by the Town of Montgomery Code Enforcement Officer.
The person or agency, its employees and workmen shall comply with all federal, state and local laws, ordinances, rules and regulations pertaining to any electrical inspection.
The person or agency agrees to maintain adequate records so that it can provide the Town of Montgomery and applicable officials with records of inspections when requested. Such records will be maintained for a minimum of five years.
The person or agency will maintain an office within the Town of Montgomery or within a reasonable distance from the Town of Montgomery, which office shall be equipped to receive telephone calls during normal business days for a minimum of six hours per day.
The person or agency performing the electrical inspection shall establish a system to receive applications and issue inspection reports in accordance with the following:
The person or agency shall provide an application form which shall include a copy for the Town of Montgomery, for the applicable utility company and for the landowner or applicant. The form shall contain or have attached a statement that the person or agency has no knowledge of any other violations previously issued for the property or if such violations were issued, the form shall state how such violations were or will be corrected.
The person or agency shall issue a temporary certificate to the Town of Montgomery giving notice that a preliminary inspection has been made and it is safe to energize the service. A copy of same shall be filed with the applicable utility company.
The person or agency shall establish a procedure for prompt notification of any noncompliance. This notice shall be served on the Town of Montgomery Building Department, the applicable utility company and the applicant and landowner, if different.
The person or agency shall issue a certificate of compliance on a form acceptable to the Town of Montgomery and shall provide a copy of the certificate to the Town of Montgomery Building Department, the applicable utility company and the applicant and landowner, if different. All such certificates of compliance must be filed with the Town of Montgomery Building Department and accepted as complete before the certificate of occupancy can be granted.
For good cause and when requested by the Town of Montgomery prior to issuance of a certificate of occupancy, the person or agency will perform a reinspection of an existing electrical service and related components and submit a formal report to the utility company, Town of Montgomery Building Department, applicant and/or landowner in letter form.
All inspections will be completed and certificates issued in a timely manner to insure that applicants are not subjected to undue delay in receiving electric service. Inspections shall normally be made within 48 hours of the receipt of the application.
All inspectors upon request of the Town of Montgomery Building Department shall submit proof to such Department as to the requirements set forth in this chapter inclusive of any special standards for the particular structure to be inspected. The Town of Montgomery Code Enforcement Officer shall have the authority to determine the particular inspector unqualified to perform such inspections in the Town of Montgomery for good cause, including, without limitation, such inspector's exhibited lack of knowledge of the particular codes and regulations. Prior to making such determination, the Code Enforcement Officer shall provide written notice to the particular inspector or agency setting forth the reasons for the particular concerns and the inspector or agency shall have not more than 10 days from receipt of the notice to submit written proof to the Code Enforcement Officer on the issue of the qualifications and competence of the particular inspector or agency. Within 10 days of receipt of this written proof or if no proof is received, within 25 days of the mailing of the notice, the Code Enforcement Officer shall render a final determination in writing setting forth the reasons for such determination.
Failure of any person or agency to abide by the above requirements shall be grounds for the Town of Montgomery to provide notice to the person, agency, utility company, applicant and landowner that such inspector is no longer qualified to perform such inspections in the Town of Montgomery.
The inspector shall not be deemed to be an employee or agent of the Town; rather the inspector shall be an independent contractor who shall be hired by the property owner or applicant and whose fees shall be paid by the property owner or applicant. The inspector shall remain at all times liable to the landowner and/or applicant for any damages related to the acts or omissions of said inspector, and the Town of Montgomery assumes no liability therein.
It shall remain the duty of the Code Enforcement Officer to enforce all provisions of the New York State Uniform Fire Prevention and Building Code, including all violations or deviations from or omissions of the electrical provisions of said Code and also of any other local laws and/or ordinances of the Town insofar as any of the same apply to electrical wiring. The Town Code Enforcement Officer or his or her duly authorized designee retains at all times the right to make inspections and reinspections of electrical wiring, installations, devices, appliances and equipment, in or on properties within the Town of Montgomery where he or she deems it necessary for the protection of life and property.
Nothing in this chapter shall be interpreted to require the Town of Montgomery to pay for any costs, expenses or fees relative to the work of the electrical inspectors authorized hereunder.
It shall be a violation of this chapter for any person, firm, entity or corporation to install or cause to be installed, or to alter electrical wiring for light, heat or power in or on properties of the Town of Montgomery until an application for inspection has been filed with the Town of Montgomery Building Department. It shall be a violation of this chapter for a person, firm, entity or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power, to any source of electrical energy supply, prior to the filing with and acceptance by the Town of Montgomery of a certificate of compliance by an inspector as qualified herein. The penalty for a violation of this chapter shall be a fine up to $250 or up to 15 days in jail, or both such fine and jail sentence. Each day that a violation has been in existence shall be deemed to be a separate violation.