[HISTORY: Adopted by the City Council of the City of Newburgh 11-13-1967 (Ch. 8, Arts. I and II, Secs. 8-1 through 8-12, of the Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Board of Electrical Examiners — See Ch. 30.
Building construction — See Ch. 122.
Fees — See Ch. 163.
As used in this chapter, the following terms shall have the following meanings, unless the context requires otherwise:
BOARD
The Board of Electrical Examiners of the City established by this Code.[1]
CERTIFICATE OF APPROVAL
A certificate issued by an electrical inspection agency approved by the Chief of the Fire Department of the City.
[Amended 6-13-1988 by L.L. No. 4-1988]
INSPECTOR
The person or persons authorized and required by this article to make electrical inspections within the City.
MASTER ELECTRICIAN
Includes any person who engages in or carries on the business of installing, erecting, altering or repairing electrical wiring, apparatus, fixtures, devices, appliances and equipment utilized or designed for the utilization of electricity for light, heat or power purposes or for signaling systems operating on 50 volts or more and any person who performs or supervises the performances of work done in connection with the installation, erection, alteration, extension or repair of electrical wiring, apparatus, fixtures, devices, appliances and equipment for light, heat or power purposes or for signaling systems operating on 50 volts or more and any person who contracts to do any of the foregoing.
SPECIAL ELECTRICIAN
Includes any person who is in the exclusive employ of the owner, lessee or manager of a building, plant or structure and whose employment consists wholly or partly of the work of maintaining and repairing electrical wiring, apparatus, fixtures, devices, appliances and equipment utilized or designed for the utilization of electricity for light, heat or power purposes or for signaling systems operating on 50 volts or more.
[1]
Editor's Note: See Ch. 30, Electrical Examiners, Board of.
[Amended 10-9-1979 by Ord. No. 2; 1-24-1994 by Ord. No. 2-94; 5-10-2010 by Ord. No. 7-2010]
The National Electrical Code, most recent edition, as published by the National Fire Protection Association, shall constitute the Electrical Code of the City. A copy of this code shall be placed on file in the office of the City Clerk.
All installations of electrical work, all extensions thereto and all alterations thereof within the City shall be in conformity with the provisions of this chapter and of any other law or of any ordinance, local law or Building Code[1] of the City pertaining thereto and shall also be in conformity with approved standards for safety to life and property. In every case where no specific type or class of material or no specific standards are prescribed by law, conformity with the regulations and requirements contained in the National Electrical Code as approved by the American National Standards Institute shall be prima facie evidence of conformity with approved standards for safety to life and property.
[1]
Editor's Note: See Ch. 122, Building Construction.
The provisions of this chapter shall not apply to:
A. 
Persons engaged solely in selling or solely in the attachment of ordinary electric appliances to existing circuits where no joining or splicing of electrical conductors is required.
B. 
Installation, maintenance or repair of elevators.
C. 
Any work involved in the manufacture, assembly, test or repair of electrical machinery, apparatus, materials and equipment by a person engaged in electrical manufacturing as their principal business.
D. 
The work in connection with the erection, construction, maintenance or repair of lines and facilities for the generation, transmission and distribution of electricity from the source of supply to the service connection on the premises where used by public service companies as defined by the Transportation Corporations Law of this state or municipal plants authorized to generate or sell electricity, nor to the work of such companies or plants in installing, maintaining and repairing on the consumer's premises of service connections, meters and other apparatus and appliances remaining on the property of such companies or plants after installation.
E. 
Emergency repairs of wiring and appliances on consumer's premises necessary for the protection of life or property.
F. 
The work of companies incorporated for the transmission of intelligence by electricity in installing, maintaining or repairing wires, apparatus or fixtures or other appliances.
[Amended 10-9-1979 by Ord. No. 2]
A. 
Required. It shall be a violation of this chapter for any person to install, alter or repair any electric wiring in the City until such time as proper application has been filed with an electrical inspection agency approved by the Chief of the Fire Department of the City and a permit obtained.
[Amended 6-13-1988 by L.L. No. 4-1988]
B. 
Issuance. No such permit shall be issued to any person unless he is the holder of a license as granted by the Board of Electrical Examiners under this chapter. Exception: an owner who is also an occupant of a single-family or two-family dwelling may be issued such permit for electrical work on the premises in which he resides without being a holder of a license granted by the Board of Electrical Examiners.
[Amended 1-24-1994 by Ord. No. 2-94]
[Amended 10-9-1979 by Ord. No. 2; 6-13-1988 by L.L. No. 4-1988]
No installation shall be connected to any source of any electrical supply until a certificate of inspection and approval has been issued by an electrical inspection agency approved by the Chief of the Fire Department of the City; provided, however, that he may accept reports of recognized inspection agencies after investigation of their qualifications and reliability. No certificates, however, called for by any provision of this chapter shall be based on such reports unless the same are in writing and certified by a responsible officer of such agency.
[Amended 10-9-1979 by Ord. No. 2]
A. 
Authority of inspectors. The chief inspector, duly appointed as the representative of an electrical inspection agency approved by the Chief of the Fire Department of the City, is authorized and required, as such representative, to make electrical inspections within the City or within an area which includes the City, and each of his duly appointed deputies and assistant inspectors are hereby authorized to make inspections and reinspections of all electrical installations within the City and all extensions thereto and alterations thereof and to approve or disapprove same.
[Amended 6-13-1988 by L.L. No. 4-1988]
B. 
Prohibited interests of inspectors. No inspector shall engage in the business of master electrician, either directly or indirectly, nor shall be have any financial interest in or connection with any person conducting such business.
C. 
Right of entry; disconnection of service. The inspector shall have the right during reasonable hours to enter any building in the discharge of his official duties or for the purpose of making any inspection, reinspection or test of the installation of electric wiring, devices, appliances and equipment contained therein and shall have the authority to cut or disconnect any wire in cases of emergency, where necessary for the safety of life or property or where such wire may interfere with the work of the Fire Department. He is also authorized to disconnect or order the discontinuance of electrical service to any electric wiring, devices, appliances or equipment found to be dangerous to life or property because they are defective or defectively installed, until they have been made safe and been approved by him.
D. 
Inspection after fire or explosion. It shall be the duty of the inspector to make an inspection of any premises wherein a fire or explosion has occurred, and, for such purpose, it shall be the duty of the Chief of the Fire Department of the City, within 24 hours after such occurrence, to report or cause to be reported to the office of the New York Fire Insurance Rating Organization from which such inspector operates the address or location of such premises and to furnish such other information and assistance with respect thereto as such inspector may require.
E. 
Periodic reinspections. The inspector shall periodically make a thorough reinspection of the installation of all electrical wiring, devices, appliances and equipment now or hereafter installed within the City and within the scope of this article, and when any such installation if found to be in a dangerous or unsafe condition, the person owning, using or operating the same shall be notified in wiring and shall make the necessary repairs or changes required to place the same in a safe condition and have such work completed within 15 days or such longer time as may be specified by the Inspector in such notice.
F. 
Removal of tenant. When a tenant removes from a building or any portion of a building used wholly or partly for mercantile, industrial or commercial purposes, the electric meter shall be removed or locked by the public utility company furnishing electric service to such tenant, and electricity shall not be resupplied to these premises from any source until a new inspection has been made and a new certificate of approval has been issued if any change has been made in the electrical installation subsequent to the last previous inspection.
A. 
Approval required. It shall be unlawful for any person to make connection from a source of electrical energy to any electric wiring, devices, appliances or equipment for the installation, extension or alteration of which a permit is required by law until a certificate of approval or a permit has been issued authorizing such connection and the use of such wiring, devices, appliances or equipment.
B. 
Application to make reconnection. It shall be unlawful for any person to make connection from a source of electrical energy to any electric wiring, devices, appliances or equipment which has been disconnected or ordered to be disconnected by the inspector, to be discontinued until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices, appliances or equipment.
[Amended 1-24-1994 by Ord. No. 2-94]
A. 
This chapter shall not be construed to relieve from nor lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring, devices, appliances or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the City be deemed to have assumed any such liability by reason of any inspection made or license issued pursuant to this chapter.
B. 
Any person licensed as a master electrician in the City of Newburgh and engaged in installing any electrical wiring, devices, appliances or equipment shall keep the City of Newburgh adequately secured against liability resulting from the bodily injury or death of any person not employed by the licensed electrician or damage to property occurring by reason of an accident resulting from the electrical work performed or in the process of being performed. Such security shall be in the form of a certificate of insurance for general liability insurance. The City Manager shall be named as a certificate holder for this policy, and the City of Newburgh shall be named as an additional insured. The amount shall be not less than $1,000,000, $2,000,000 aggregate. Policy cancellation shall require a minimum of 10 days' written notice of cancellation to the City Manager. Such policy shall be written on an occurrence basis and be issued by a company licensed to do business in New York State. Any licensed master electrician who fails to maintain a current general liability policy shall not be eligible to apply for permits until such time that he or she once again obtains a general liability policy as described above.
[Amended 10-9-1979 by Ord. No. 2; 9-28-1998 by Ord. No. 12-98]
A. 
Any person who shall directly or indirectly engage in or work at the business of electrician in the City without an electrician's license, who shall violate any of the provisions of this chapter or of any rule or regulation made pursuant thereto, who, having had his license suspended or revoked, shall continue to engage in or work at the business of electrician, as the case may be, or who shall fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
B. 
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
C. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Amended 10-9-1979 by Ord. No. 2]
A. 
Master electrician. No person shall hereafter engaged in, carry on or conduct the business of master electrician or do or perform or offer or undertake or contract to do or perform the work of a master electrician within the City or hold himself out to the public, directly or indirectly, as being able so to do unless licensed therefor pursuant to this article or unless employed by and working under the direction of a person so licensed.
B. 
Special electrician. No person shall hereafter engage in, undertake or perform the work of a special electrician or agree to do or perform such work in the City or hold himself out to the public, directly or indirectly, as being able to do so unless licensed therefor pursuant to this article, and no person shall, directly or indirectly, hire, employ, engage or suffer or permit any person to do the work of a special electrician pursuant to this article.
The Board may issue licenses under this article as follows:
A. 
Master electrician's license (Class A).
[Amended 10-9-1979 by Ord. No. 2]
(1) 
A master electrician's license (Class A) shall authorize the licensee to engage in the business of master electrician within the City for a period ending the 31st day of December for the year in which it was issued.
(2) 
The fee for such license shall be as set forth in Chapter 163, Fees, of this Code.
[Amended 6-13-1988 by L.L. No. 4-1988]
(3) 
Such a license may be renewed annually on or before the expiration thereof for periods of one year upon the payment of the annual renewal fee as set forth in Chapter 163, Fees, of this Code.
[Amended 6-13-1988 by L.L. No. 4-1988]
B. 
Master electrician's license (Class B).
[Amended 11-10-1980]
(1) 
A master electrician's license (Class B) shall authorize the licensee to engage in the business of master electrician in the City, but only for the purpose of undertaking, performing and completing a single continuous job or installation at one location or property.
(2) 
The fee for such license shall be as set forth in Chapter 163, Fees, of this Code for a period ending the 31st day of December of the year in which it is issued.
[Amended 6-13-1988 by L.L. No. 4-1988]
(3) 
Such a license may be renewed on or before the expiration thereof for a period of time necessary to complete the job for which it is issued, at a renewal fee as set forth in Chapter 163, Fees, of this Code.
[Amended 6-13-1988 by L.L. No. 4-1988]
C. 
Special electrician's license (Class C).
[Amended 10-9-1979 by Ord. No. 2]
(1) 
A special electrician's license (Class C) shall authorize the licensee to perform only the work of a special electrician for an employer specified in the license for a period ending the 31st day of December of the year in which it is issued. A holder of a Class C license may install and repair appliances, oil and gas heating units with the installation of one branch circuit for the operation of such unit. Any other electrical work must be done by a Class A electrician.
(2) 
The fee for such license shall be as set forth in Chapter 163, Fees, of this Code.
[Amended 6-13-1988 by L.L. No. 4-1988]
(3) 
Such a license may be renewed annually on or before the expiration thereof for period of one year upon payment of an annual renewal fee as set forth in Chapter 163, Fees, of this Code.
[Amended 6-13-1988 by L.L. No. 4-1988]
[Amended 10-9-1979 by Ord. No. 2]
A. 
Master electrician's license. Every person desiring a license as a master electrician under this article shall make application therefor to the Board of Electrical Examiners in such form and detail as the Board may prescribe. Such application shall state, among other things, the name and place of business of the applicant, the class of license applied for and the name of the representative of the applicant who will take the examination for the license and who will act as the supervisor of the work to be done under the license if granted.
B. 
Special electrician's license. Every person desiring a license as a special electrician under this article shall make application therefor to the Board in such form and detail as the Board may prescribe. Such application shall state, among other things, the name and residence address of the applicant, the name and business address of the person employing or who desires to employ the applicant and the nature and extent of the experience of the applicant in work as a special electrician.
C. 
License fee to accompany application. Each application shall be accompanied by cash, check or money order for the amount of the license fee prescribed by this article for the type or class of license desired. Ninety percent of such fee shall be returned to the applicant upon failure to pass the examination.
A. 
Generally. Examinations shall be in writing. A complete record of every examination given shall be kept on file until three years after the date of the examination. Examinations shall be held at such times and places as the Board may fix.
B. 
Presentation for examination. The applicant or, in the case of those applying for licenses as master electricians, the designated representative of the applicant shall present himself for examination at the time and place specified in a notice to be given by the Board.
C. 
Reexamination. An applicant or the representative of an applicant who has failed in his first examination shall not be eligible for reexamination until one month from the date of such failure; one who fails twice or more shall not be eligible for further reexamination until at least six months have elapsed from the date of such second or subsequent failure.
[Amended 10-9-1979 by Ord. No. 2]
A. 
Qualifications. No license as a master electrician shall be granted to any person unless the designated representative shall prove to the satisfaction of the Board that he:
(1) 
Has or will establish a place for the regular transaction of business if not exclusively employed by a person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial purposes.
(2) 
Is a competent electrician and qualified to do electrical contracting, construction and installation work and electrical wiring.
(3) 
Has a working knowledge of electricity and the natural laws, properties and functions of electricity and of appliances, apparatus, materials and devices for electric light, heat, power and signaling purposes used and required in such work, combined with a practical working knowledge of the requirements and provisions of the National Electrical Code and a knowledge of the provisions of this article and rules and regulations of the Board and laws of the state, if any, and the City for installation of electrical wiring, devices, appliances and equipment and of the provisions thereof requiring permits therefor.
B. 
Experience; references; criminal record. In order to be eligible for a license as a master electrician under this article, the applicant must first produce evidence of having served at least five years of practical experience as an electrician, must produce two acceptable character references and must never have been convicted of a felony.
[Amended 10-9-1979 by Ord. No. 2]
No license as a special electrician shall be granted to any person unless he shall prove to the satisfaction of the Board that he:
A. 
Is a competent electrician and qualified to do electrical repairing and maintenance work.
B. 
Has a working knowledge of electricity and the natural laws, properties and functions of electricity and of appliances, apparatus, materials and devices for electric light, heat, power and signaling purposes used or likely to be used in the building, plant or structure where he is or will be employed, combined with a practical working knowledge of the requirements and provisions of the National Electrical Code.
C. 
Has a knowledge of the provisions of this article and the rules and regulations of the Board and the laws of the state, if any, and of the City for the repair and maintenance of electrical wiring, devices, appliances and equipment.
A. 
Assignment; transfer. No license issued hereunder shall be assignable or transferable.
B. 
Identification of licensee. Each license as a master electrician issued hereunder shall specify the name of the person licensed, who shall be known as the holder of the license, and shall also specify the name of the person who has passed the examination, and such person shall be designated in the license as the supervisor of all work to be done under the license.
C. 
Designation of supervisor. The person designated as the supervisor may be a person in the employ of the holder of the license or, if the holder is an individual, may be the holder himself; or, if the holder is a firm or partnership, may be a member thereof; or if the holder is a corporation, may be an officer of the corporation, provided that he has the requisite qualification of stock ownership herein prescribed therefor.
D. 
Supervisor for more than one license prohibited. The same person shall not be designated as the supervisor in two or more licenses issued to different holders.
E. 
Termination of supervisor's employment. In the event the business association of the supervisor with or the employment of the supervisor by the holder of the license shall terminate, the holder shall notify the Board of such fact forthwith and shall promptly designate another person as the representative of the holder, who shall submit himself for the examination to the Board when notified so to do. If no such new designation is made within 30 days after the termination of the association or employment of the former supervisor, the license of the holder shall become null and void on the 30th day following such termination.
F. 
Numbering, form, color, etc. All licenses shall be numbered in the order in which they are issued and shall be in such form and of such color and shall contain such information as may be prescribed by the Board.
G. 
Display. Each license shall at all times be kept conspicuously displayed in the place of business or employment, as the case may be, of the licensee.
No Class A master electrician's license shall be renewed if the licensee has not actively engaged in the business as a master electrician during a period of one year or more immediately preceding the application for renewal. Any such license not renewed within the time prescribed by this article shall lapse at the expiration of its term, and the holder of such license must thereafter qualify for an original license hereunder and comply with all the requirements and provisions hereof relative thereto.
A. 
Plate or sign required. No person otherwise qualified shall engage in, carry on or conduct the business of master electrician within the City until he has first procured from the Board a metal, glass or wood plate or sign appropriately lettered or marked "Licensed Master Electrician," such plate or sign to be conspicuously posted in the window or on the door or outer entrance, visible from the street, of the place of business of the licensee. A person retiring, abandoning or not actually engaged in the business of master electrician or whose license has expired or has been suspended or revoked shall surrender to the Board such plate or sign and shall not again engage in such business until he is licensed and/or has again procured such plate or sign as herein provided.
B. 
Specifications; fee for sign. The Board shall prepare metal, glass, and/or wood plates or signs at least 14 inches wide and not less than 22 inches in length, appropriately lettered or marked "Licensed Master Electrician," the lines of each letter to be not less than three inches long and 5/8 of an inch wide. Such plate or sign shall, on some part thereof, contain an identification number, which number, together with the name and location of the place of business of the person to whom issued, shall be recorded in the office of the Board. Every person to whom a Class A master electrician's license is granted under this article, upon the payment of a fee as set forth in Chapter 163, Fees, of this Code to the Board, shall have issued to him a plate or sign as herein described.
[Amended 10-9-1979 by Ord. No. 2; 6-13-1988 by L.L. No. 4-1988]
C. 
Misuse of plate or sign; penalty. Any person to whom such plate or sign has been issued who shall loan, rent, sell or transfer the same to another person, whether such person is entitled to receive a similar plate or sign or not, or otherwise willfully violates the provisions of this section shall be punishable by the Board by a fine not exceeding $50 for the first offense and not less than $100 nor more than $250 for a subsequent offense and, in addition thereto, shall forfeit his license hereunder.
D. 
Telephone listing; advertising. Each Class A master electrician licensed hereunder shall have a telephone listed under his name and shall display his name on the directory or on the outer entrance of the building in which his place of business is located and on all stationery, advertisements and other printed matter used in connection with his business.
E. 
Exception to requirements. If any Class A master electrician licensed hereunder does not maintain a regular place of business by reason of the fact that he is exclusively employed by a person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial or industrial purposes, such licensee shall not be required to procure or display a sign, have a telephone or display his name as provided in this section.
[Amended 10-9-1979 by Ord. No. 2; 2-20-2020 by Ord. No. 3-2020]
A. 
Any license issued hereunder may be suspended for a period of up to one year, or a license may be revoked, in the discretion of the Board, after hearing upon due notice held, upon charges given to the licensee and an opportunity to be heard in his defense in person and/or by attorney, if the Board is satisfied that the holder of such license or any of his or its officers or employees willfully or by reason of incompetence has violated any provision of this article or of any other law or of any ordinance, local law, or provision of the New York State Uniform Fire Prevention and Building Code governing electrical work or requiring permits therefor.
B. 
The Board may, in addition to suspending or revoking a license hereunder, impose a fine of not exceeding $1,000 for each offense and may suspend the license until such fine is paid.
A. 
Effect of suspension. No person whose license shall have been suspended shall engage in the electrical business in the City for the period of time in which he may be under suspension.
B. 
Effect of revocation. No person whose license shall have been revoked shall engage in the electrical business in the City for a period of one year from the date of revocation of such license.
All fees, fines and penalties derived by the Board from the operation of this chapter shall be turned over by the Board to the Comptroller of the City within 10 days after they are received, and such moneys shall be paid by such Comptroller into the general fund of the City and shall be available for use for any lawful City purpose.
[Added 1-24-1994 by Ord. No. 2-94]
A. 
Any organization wishing to be approved by the Chief of the Fire Department as an electrical inspection agency for the City of Newburgh shall submit an application to be considered as an inspection agency for the City of Newburgh. Applicants shall make such application on an affidavit form provided by the Chief of the Fire Department and shall contain the following information:
(1) 
Applicant's name and address.
(2) 
Applicant's federal identification number.
(3) 
Applicant's date of incorporation, place and type of corporation.
(4) 
List of current officers of the corporation and their current addresses.
(5) 
Applicant's place or places of business.
(6) 
Applicant's local telephone number and place of business as an electrical inspector.
(7) 
Local inspector's name, address and residential telephone number.
(8) 
A copy of public liability insurance. Upon approval as an electrical inspection agency, the applicant shall present certificate(s) of insurance. The City of Newburgh shall be named as a certificate holder for these policies and as an additional insured. Such policy shall be written on an occurrence basis and be issued by a company licensed to do business in New York State. Policy cancellation shall require a minimum of 10 days' written notice of cancellation to the City Manager. Policy amounts shall be in the following minimum:
(a) 
Workmen's compensation: as required by law.
(b) 
General liability: $3,000,000.
(c) 
Excess liability: $5,000,000.
(d) 
Automobile liability: $1,000,000.
B. 
In addition to the above, the applicant shall provide the City of Newburgh Fire Chief with a proposal detailing the history of the organization making application. Proposal shall include a list of all cities, villages and townships in which the applicant is currently conducting electrical inspections in the State of New York. The proposal shall additionally provide information as to the services that will be provided to the City of Newburgh. For example:
(1) 
Will the City of Newburgh be charged a fee for inspection of City-owned properties?
(2) 
Will the City of Newburgh be charged a fee for a survey inspection when code violations are suspected?
(3) 
How soon will the applicant's organization be able to respond to requests for inspections?
C. 
In addition to the above, effective one year from the date of passage of this chapter, any inspector making electrical inspections in the City of Newburgh shall provide certification by the International Association of Electrical Inspectors. Said inspector shall have successfully passed written examinations for electrical one- and two-family dwellings, for electrical general and for electrical plan review.
D. 
In addition to the above, the applicant shall provide to the City of Newburgh a letter of approval from Central Hudson Gas and Electric Corporation that the applicant's organization has been approved by Central Hudson Gas and Electric Corporation to conduct electrical inspections.
E. 
In addition to the above, the applicant shall provide the City of Newburgh Fire Chief with a current copy of a fee schedule that will be used to determine fees for electrical inspections.
F. 
In addition to the above, the applicant shall provide the City of Newburgh Fire Chief with a list and copy of all forms, stickers and certifications that are proposed to be used by the applicant's organization.
G. 
In addition to the above, the applicant shall provide the City of Newburgh Fire Chief with an overview of the electrical inspection procedure to be used by the electrical inspection organization.
[Added 5-8-2017 by L.L. No. 1-2017]
Notwithstanding the requirements found contained in this chapter, the Board is hereby authorized to enter into reciprocal licensing agreements with other municipalities in which a holder in good standing of a current master electrician's license or special electrician's license in one municipality shall be allowed to perform work in the other municipality. Such agreements shall be executed only upon a review of the examination standards of the other municipality and a determination that those standards meet or exceed the standards required by this chapter and any additional standards adopted by the Board. The licensee shall be responsible for the payment of the license fees in each jurisdiction.