City of Port Jervis, NY Licensing of Electricians

One Electrical Inspector representing the New York Board of Fire Underwriters, Bureau of Electricity.

Two electricians appointed by the Mayor, at least one of whom shall be a licensed master electrician, Class A.

One authorized representative of the utility company supplying electrical energy to the City of Port Jervis.

(4)

One professional engineer or registered architect, appointed by the Mayor.

[Amended 5-23-1988 by L.L. No. 2-1988]

(5)

Two lay citizens of the City of Port Jervis, appointed by the Mayor.

(6)

One member of the Common Council.

[Amended 5-23-1988 by L.L. No. 2-1988]

(7)

A representative of the Building Department.

[Amended 5-23-1988 by L.L. No. 2-1988]

Term of office. Subject to confirmation by the Common Council, members of the Board shall hold office for three years. Meetings shall be held at least once each month.

[Amended 10-13-1987 by L.L. No. 7-1987; 5-23-1988 by L.L. No. 2-1988; 6-27-2011 by L.L. No. 2-2011]

A vacancy occurring in the membership of the Board from any cause shall be filled by the Mayor for the unexpired term of the member whose office has become vacant, such appointment being subject to confirmation by the Common Council.

A member of the Board may be removed by the Mayor for misfeasance or malfeasance in office, incompetency, incapacity, neglect of duty or other good and sufficient cause, after giving to such member a copy of the charges against him and an opportunity to be heard in his defense in person and/or by counsel.

The Board shall elect a Chairman and a Secretary from its membership.

A majority of the Board shall constitute a quorum for the transaction of business.

Compensation. Board members who are not otherwise employed by the City of Port Jervis shall be paid $15 each regular, monthly meeting attended.

[Added 6-27-2011 by L.L. No. 2-2011]

§ 267-14 Powers and duties of Board.

The Board shall have the following powers and duties, in addition to those elsewhere prescribed in this article:

Meetings. To hold at least one meeting in each month and as many other meetings at such other times as, in the opinion of the Chairman or a majority of the Board, are necessary or desirable for the efficient discharge of the business of the Board.

[Amended 10-13-1987 by L.L. No. 7-1987]

Examinations. To examine into the qualifications and fitness of applicants for licenses under this article or of the representatives of such applicants designated for such purpose.

Issue licenses. To grant and issue licenses as master electricians to applicants possessing or whose representatives possess the requisite qualifications, and to grant and issue licenses as special electricians to applicants possessing the requisite qualifications. Licenses shall be signed by the Chairman and Secretary.

Suspend or revoke licenses. To suspend or revoke licenses for cause as prescribed in § 267-21.

Impose and collect fines. To impose and collect fines for violations as prescribed in § 267-21.

Keep records. To keep records of all its meetings and proceedings and of all licenses issued, suspended or revoked by it and to make such records available for public inspection.

Prepare manual. To prepare a manual of its rules and regulations for the conduct of examinations and to furnish copies thereof to persons desiring the same.

Promulgate rules. To adopt such rules and regulations as may be necessary, not inconsistent with the provisions of this article, with respect to the form and content of applications for licenses, the reception thereof, the investigation and examination of applicants and their qualifications, the conduct of the meetings and the business of the Board and the other matters incidental or appropriate to the powers and duties of the Board as prescribed by this article and for the proper administration and enforcement of the provisions of this article, and to amend or repeal any of such rules and regulations, by a majority vote, at any special or regular meeting, upon notice of at least 30 days to each member thereof.

File copy of rules. To file a copy of all of its rules and regulations and of all changes therein, duly certified by the Secretary, with the City Clerk-Treasurer immediately upon the adoption thereof, which copy shall be available for public inspection during the regular business hours of the day.

§ 267-15 Electrician's license required.

Master electrician. No person shall hereafter engage 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 and supervision of a person so licensed, who shall be responsible for ensuring that all work performed by such employees is done in compliance with the National Electrical Code.

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 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, and no person shall, directly or indirectly, hire, employ, engage or suffer or permit any person to do the work of a special electrician unless such person is licensed as a special electrician pursuant to this article.

Exceptions.

Unless otherwise provided in this chapter, all electrical work performed in the City shall be done by an electrician licensed under this article; provided, however, that in those situations where an individual owner of a residential property desires to do work in the residence in which he dwells, the requirement as to work being performed by a licensed electrician may be suspended, provided that all other requirements of this chapter and the National Electrical Code are fully complied with by said individual. In the case of an individual owning a two-family or multifamily residence, such exception shall apply only to the dwelling unit in which the individual resides.

This article shall not apply to a plant operated by a municipality authorized to generate or sell electricity nor to electric corporations, as defined in the Transportation Corporations Law, nor to any person or corporation engaged in their behalf, nor to the employees of any of them in performing such work in the conduct of the business of such corporations in installing, maintaining or repairing wires, apparatus or fixtures, or other appliances used by such companies and necessary for or to their business, whether or not such wires, conduits, apparatus, fixtures or other appliances are on their own premises, unless the work in connection therewith is done within a building not owned by such corporation. This article shall not apply to the installation, maintenance or repair of elevators, dumbwaiters and escalators, nor to the electrical work of a telephone, telegraph, central station, of a protective, railroad or radio broadcasting company, nor to persons performing electrical work for such a company where said electrical work is an integral part of the plant or service used by such company in rendering its duly authorized service to the public. This article shall not apply to the maintenance, repairing or operation of electrical equipment within a theater or other place of public assemblage where entertainment or exhibition is provided, motion-picture studio, theatrical studio, or motion-picture film laboratory, nor to the installation of temporary electrical cables, assembling or erecting of such theatrical, sound-recording, sound-reproducing or motion-picture equipment where such equipment is an integral part of the theater, traveling production, motion-picture studio or laboratory used in the production or exhibition of stage or motion picture attractions. Either of said licenses shall be issued upon proof that the applicant has been continuously engaged in work of the character herein defined for a period of five years prior to the enactment of this article, without further examination, provided that such application is made within one year after the enactment of this article.[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 267-16 Effect of license; term; fees; renewal.

[Amended 12-8-1986 by L.L. No. 8-1986; 10-13-1987 by L.L. No. 7-1987; 5-23-1988 by L.L. No. 2-1988; 7-27-1992 by L.L. No. 5-1992; 3-23-1998 by L.L. No. 1-1998[1]]

The Board may issue licenses under this article as follows:

Master electrician's license, Class A. 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 December 31 of the year in which it is issued. The initial fee for such license shall be as provided in Chapter 280, Fees. Such license may be renewed annually on or before the expiration thereof for periods of one year upon payment of an annual renewal fee as provided in Chapter 280, Fees. Any such renewal for a period beginning January 1, 2001, or later shall be granted only if the applicant meets and demonstrates satisfactory compliance with the provisions of Subsection D below.

Master electrician's license, Class B. 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. The initial fee for such license shall be as provided in Chapter 280, Fees, for a period ending December 31 of the year in which it is issued. Such 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 provided in Chapter 280, Fees, per calendar year. Any such renewal for a period beginning January 1, 2001, or later shall be granted only if the applicant meets and demonstrates satisfactory compliance with the provisions of Subsection D below.

Electrician's license, Class C. An electrician's license, Class C, shall authorize the licensee to engage in the business of an electrician in the City only for the purpose of installing, maintaining and repairing electrically operated and/or controlled devices, such as oil burners, stokers and gas burners, or to do other specialized work to be noted and provided for on the license issued. The initial fee for such license shall be as provided in Chapter 280, Fees, for a period ending December 31 of the year in which it is issued. Such a license may be renewed annually on or before the expiration thereof for periods of one year upon payment of an annual renewal fee as provided in Chapter 280, Fees. Any such renewal for a period beginning January 1, 2001, or later shall be granted only if the applicant meets and demonstrates satisfactory compliance with the provisions of Subsection D below.

Any such renewal as set forth in Subsection A, B or C above for a period beginning January 1, 2001, or later shall be granted only if the applicant can show documentation satisfactory to the Electrical Board that said applicant has completed the I.A.E.I. Electrical Seminar or such other electrical seminar as may from time to time be approved by the City of Port Jervis Electrical Board.

Special electrician's license. A special electrician's license shall authorize the licensee to perform only the work of a special electrician for an employer and at a location designated and specified in the license for a period ending December 31 of the year in which it is issued. Such a license shall not authorize the holder thereof to engage in, perform or supervise the work of installing, erecting, altering or extending electrical wiring, apparatus, fixtures, devices, appliances and equipment for light, heat or power purposes or for signaling systems operating on 50 volts or more or otherwise to do or perform the work of a master electrician, and all persons licensed as special electricians under this article are prohibited from performing or supervising such work. The initial fee for such license shall be as provided in Chapter 280, Fees. Such license may be renewed annually on or before the expiration thereof for periods of one year upon payment of an annual renewal fee as provided in Chapter 280, Fees. Upon receipt of a proper application therefor, the Board shall grant the holder of such a license permission to do the work of a special electrician for an employer or at a location not designated in the license in lieu of the one designated therein without any additional fee, and a new license specifying the new employer and/or the new location, as the case may be, shall be issued upon the surrender of the old license.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 267-17 Application for license.

General procedure; application contents. Every person desiring a license as a master 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 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. If the applicant is a corporation, any one of the officers of the corporation who owns and holds at least 25% of the issued and outstanding capital stock may be designated as the representative of the applicant for such purposes.

Eligibility qualifications.

In order to be eligible to take an examination, the candidate for a master electrician's license must supply satisfactory proof to the Board of one of the following:

(a)

Five years' apprenticeship under a duly qualified electrician.

(b)

Two years in an accredited electrical trade school or the equivalent and two years as an apprentice under a duly qualified electrician.

[Amended 10-13-1987 by L.L. No. 7-1987]

(c)

A certificate issued by a service-connected trade school for electricians, plus a minimum of two years or more as an apprentice under a duly qualified electrician or such length of time as an apprentice as may be determined by the Board.

(d)

Any equivalent combination of experience and training sufficient to indicate ability to do the work.

[Added 10-13-1987 by L.L. No. 7-1987]

For the purposes of this subsection, "duly qualified electrician" shall mean an electrician holding a master electrician's license from the City of Port Jervis or an electrician holding a license of a substantially similar character to that of a master electrician's license from the City of Port Jervis, as determined at the discretion of the Board.

[Amended 6-27-2011 by L.L. No. 2-2011]

Commercial buildings and industrial plants. 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 and who desires a license as a master electrician so that the work of a master electrician may be regularly performed in such plant may make application therefor to the Board in such form and detail as the Board may prescribe, or may regularly employ a licensed master electrician for such purposes. Such application shall state, among other things, the name and nature of the business of the applicant, the location and description of the buildings or structures constituting the plant of the applicant where the work of a master electrician will be performed under the license, if granted, 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.

Special electrician, Class C. 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 person employing the applicant and establish that the applicant has a minimum of one year of experience in the work of a special electrician.

[Amended 5-23-1988 by L.L. No. 2-1988]

Payment of license fee. Each application shall be accompanied by payment, in full, of the license fee for the license being applied for. Said fee is nonrefundable.

[Amended 10-13-1987 by L.L. No. 7-1987]

City employees. Licenses shall be issued without fee to any employee of the Electrical Department of the City and to any other employee of the City whose work is directly concerned with electric power, provided that such employee held a Class A license before becoming employed by the City. Said licenses shall be renewable without fee, provided that said employees are in the employ of the City at the time of renewal.

All applications will expire and be canceled after a period of three months if the applicant does not appear for examination within that period. The three-month period commences on the date of notification. The fee application is nonrefundable.

[Added 5-23-1988 by L.L. No. 2-1988]

Eligibility qualifications for Class C license. In order to be eligible to take an examination, the candidate for a Class C license must supply satisfactory proof to the Board of one of the following:

[Added 12-12-1988 by L.L. No. 8-1988]

Five years apprenticeship under a duly qualified plumber, heating contractor or air-conditioning contractor.

Two years in an accredited plumbing, heating or air-conditioning trade school or the equivalent and two years as an apprentice under a duly qualified plumber, heating contractor or air-conditioning contractor.

A certificate issued by a service-connected trade school for plumbers, heating or air conditioning, plus a minimum of two years or more as an apprentice under a duly qualified plumber, heating contractor or air-conditioning contractor or such length of time as an apprentice as may be determined by the Board.

(4)

Any equivalent combination of experience and training sufficient to indicate ability to do the work.

§ 267-18 Examinations.

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.

[Amended 10-13-1987 by L.L. No. 7-1987]

Appearance for examination. The applicant or, in the case of those applying for licenses as master electricians, the designated representatives of the applicant shall present himself for examination at the time and place specified in a notice to be given by the Board. Upon the failure of the candidate to appear for examination without due notice or good cause, as determined by the Board, the examination fee shall be forfeited. An examination may be rescheduled for the candidate in such instances upon payment of an additional examination fee as provided in Chapter 280, Fees.

[Amended 7-27-1992 by L.L. No. 5-1992[1]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Reexamination. An applicant or the representative of an applicant who has failed the 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.

Standards and criteria for master electricians. No license as a master electrician shall be granted to any person unless such person or his designated representative shall prove satisfactorily to the Board that:[2]

He is a competent electrician and qualified to do electrical contracting, construction and installation work and electrical wiring.

He 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 chapter and the rules and regulations of the Board and the laws of the state and City, if any, for installation of electrical wiring, devices, appliances and equipment, and of the provisions thereof requiring permits therefor.

[2]

Editor's Note: Former Subsection D(1), regarding the requirement of establishment of business within the City, was repealed 6-23-1986 by L.L. No. 4-1986.

Standards and criteria for special electricians. No license as a special electrician shall be granted to any person unless he shall prove to the satisfaction of the Board that:

He is a competent electrician and qualified to do electrical repairing and maintenance work.

He 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 and a knowledge of the provisions of this chapter and the rules and regulations of the Board and the laws of the state and City, if any, for the repair and maintenance of electrical wiring, devices, appliances and equipment.

Minimum age; requirements of Compensation Law. No license shall be granted to any person under the age of 21 years or who does not comply with the New York Workers' Compensation Law.

[Amended 10-13-1987 by L.L. No. 7-1987]

§ 267-19 License conditions and regulations.

Nonassignable. No license issued hereunder shall be assignable or transferable.

Contents of master electrician's license. 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.

Supervisor designated. The person designated as the supervisor may be a person in the employ of the holder of the license or, if the holder be an individual, may be the holder himself or, if the holder be a firm or partnership, may be a member thereof or, if the holder be a corporation, may be an officer of the corporation, provided that he has the requisite qualification of stock ownership herein prescribed therefor.

Same supervisor prohibited in more than one license. The same person shall not be designated as the supervisor in two or more licenses issued to different holders.

Termination of supervisor's employment. In the event that 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 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 will become null and void on the 30th day following such termination.

Licenses to be numbered. 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.

License to be displayed. 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.

§ 267-20 Renewal of Class A master electrician's license.

[Amended 10-13-1987 by L.L. No. 7-1987]

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.[1]

Editor's Note: Original § 80-21, Display of sign by master electrician, Class A, which immediately followed this section, was repealed 10-13-1987 by L.L. No. 7-1987.

§ 267-21 Suspension and revocation of licenses; fines.

Any license issued hereunder may be suspended or 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, ordinance, resolution or building code governing electrical work or requiring permits therefor or any requirement contained in the rules and regulations of the National Board of Fire Underwriters, known as the "National Electrical Code."

The Board may, in lieu of suspending or revoking a license hereunder, impose a fine not to exceed $100 for the first offense and not more than $200 for a subsequent offense and may suspend the license until such fine is paid.

[Amended 10-13-1987 by L.L. No. 7-1987; 5-23-1988 by L.L. No. 2-1988]

§ 267-22 Review of Board action.

Any action of the Board of Electrical Examiners may be reviewed by any person aggrieved thereby in any court of competent jurisdiction by a proceeding instituted under the provisions of Article 78 of the Civil Practice Law and Rules.

§ 267-23 Employment of unlicensed electricians restricted.

It shall be unlawful for any person other than a licensed master electrician to employ an unlicensed electrician to do any electrical work in the City, except as stated in § 267-4.

§ 267-24 Disposition of fees, fines and penalties.

All fees, fines and penalties derived by the Board from the operation of this article shall be turned over by the Board to the City Clerk-Treasurer within 10 days after they are received, and such moneys shall be paid by such Clerk-Treasurer into the general fund of the City and shall be available for use for any lawful City purpose.

§ 267-25 Reciprocal and one-time licenses.

Notwithstanding any other provisions of this chapter, reciprocal and one-time licenses may be issued as follows:

Reciprocal licenses. Any person, firm or corporation duly licensed by another municipality in New York State which has licensing standards and requirements, including examinations, substantially the same as those provided by this chapter, and which has reciprocity provisions applicable to licensees of the City of Port Jervis, may be issued, without examination, a license equivalent to that held in the other municipality, subject to all other conditions and provisions of this chapter. As a prerequisite to the issuance of such a reciprocal license, the candidate shall:

Submit substantiating documents and evidence supporting the claim that he is the holder of a valid license from the other municipality.

Complete the appropriate application forms for the City of Port Jervis.

Pay an annual renewal fee equal to the annual fee charged by the municipality in which he is licensed.

[Amended 6-23-1986 by L.L. No. 4-1986]

One-time licenses. Any person, firm or corporation duly licensed by another municipality which has licensing standards and requirements, including examinations, substantially the same as those provided by this chapter, may be issued, without examination, a one-time license, equivalent to that held in the other municipality, for the performance of a specific contract or job, upon application to and approval by the Board.

[Amended 5-23-1988 by L.L. No. 2-1988]

Such application shall be accompanied by substantiating documents and evidence supporting the claim that he is the holder of a valid license from the other municipality and by a fee as provided in Chapter 280, Fees.

[Amended 6-2-1986 by L.L. No. 4-1986; 7-27-1992 by L.L. No. 5-1992; 4-8-1996 by L.L. No. 5-1996[1]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Such one-time license shall be valid only for a specific contract or job, at a specific location, and shall expire upon issuance of a certificate of compliance for the work covered by the contract or job.