[HISTORY: Adopted by the Town Board of the Town of Montgomery 4-15-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 97.
A.
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.
B.
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:
A.
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 policies 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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
Have a working knowledge of the principles of electricity necessary
to interpret the NEC, the Code and other applicable requirements.
(2)
Know the requirements of the NEC, the Code and other applicable requirements.
(3)
Be familiar with the construction practices of the electrical wiring
trade.
(4)
Each particular inspector shall submit written proof of successful
completion of one of the following courses together with updates as
required:
(a)
International Association of Electrical Inspector's (IAEI)
National Certification Program for Electrical Inspectors.
(b)
National Certification Program for Construction Code (Electrical)
Inspectors.
(c)
The National Fire Protection Association's "National Electric
Code 32 Hour Course."
(d)
Any other comparable course as approved by the Town of Montgomery
Code Enforcement Officer.
G.
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.
H.
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.
I.
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.
J.
The person or agency performing the electrical inspection shall establish
a system to receive applications and issue inspection reports in accordance
with the following:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
K.
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.
L.
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.
M.
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.
N.
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.
A.
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.
B.
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.[1]
C.
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.
