[HISTORY: Adopted by the Town Board of the Town of Tonawanda 3-14-1994
by L.L. No. 4-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration and enforcement — See Ch. 54.
For the purpose of this chapter, the terms used herein are defined as
follows:
The installation, maintenance, extension and alteration of wiring,
fixtures, appliances and appurtenances in connection with all of the following:
electrical distribution, wiring and protection, methods and materials, special
occupancies, grounding, motors and controls, transformers, fire protection
systems, optical fiber systems and communications systems, and any other type
of installations as required by the National Electrical Code, as amended from
time to time.
Any person, firm or corporation engaged in the business of installing,
altering or repairing of electrical wiring, systems or equipment in the Town
of Tonawanda, exclusive of the Village of Kenmore, who holds a valid master
electrician certificate issued by the Town of Tonawanda, New York.
A.
It shall be unlawful for any person, firm or corporation to engage in, carry on or conduct or to hold himself or itself out as being able to engage in, carry on or conduct any business involving electrical work in the Town of Tonawanda, New York, exclusive of the Village of Kenmore, unless such business shall be conducted under a current electrician's license issued in accordance with the provisions hereof. A person, firm or corporation shall be deemed to be licensed if such person, firm or corporation is a license holder or if such person, firm or corporation is an employee or subcontractor of a licensed person, firm or corporation in accordance with the provisions of § 75-3G(2) herein contained.
B.
A licensee may hire employees to do electrical work or
may subcontract such work, but in any event all electrical work must be done
by or under the supervision of a master electrician.
C.
Electrical work performed by a utility company in its
normal function of supplying its particular service to the meter of any building,
structure or premises may be performed without a license and need not be under
the supervision of a master electrician.
A.
The Code Enforcement Officer shall issue an electrician's
license to any qualified person, firm or corporation upon presentation of
a duly completed and executed application, payment of the fee as required
herein and filing of the certificate of insurance as required herein. The
information required in the application shall be determined by the Code Enforcement
Officer.
[Amended 3-26-2007 by L.L. No. 2-2007]
B.
An applicant for an electrician's license shall
be deemed qualified as follows:
(1)
If a person, such person or at least one full-time employee
of that person must hold a master electrician certificate.
(2)
If a firm, in the case of a partnership, at least one
active partner or full-time employee thereof holds a master electrician certificate
or, in the case of a sole proprietorship, the owner or at least one full-time
employee holds a master electrician certificate.
(3)
If a corporation, such corporation has at least one full-time
employee holding a master electrician certificate.
C.
An application for an electrician's license shall
be duly completed when the following requirements are met:
(1)
A qualified person states his name and address, the name
and address of his business establishment and the name and address of the
master electrician in his employ.
(2)
A qualified firm or corporation states the name and address
of the business establishment and the names and addresses of its partners
in the case of a partnership, its owner's name and address in the case
of a sole proprietorship or the names and addresses of its officers and directors
in the case of a corporation; in addition, such firm, corporation, partnership
or sole proprietorship shall also disclose the name and address of the master
electrician in its employ.
(3)
Such qualified person, firm or corporation shall complete
and execute an application for an electrician's license in such form
as may be prescribed and amended from time to time by the Code Enforcement
Officer and furnish such information as the Code Enforcement Officer shall
require.
[Amended 3-26-2007 by L.L. No. 2-2007]
D.
The required fee shall be $100 per year.
E.
The licensee shall file with the Code Enforcement Officer
a policy or certificate of insurance evidencing coverage for the licensee's
operations and naming the Town of Tonawanda, New York, as an additional insured
in the amount of $1,000,000 combined single limit for bodily injury and property
damage liability.
[Amended 3-26-2007 by L.L. No. 2-2007; 3-26-2007
by L.L. No. 4-2007]
F.
Such license shall be valid January 1 to December 31
in each year. The licensee may renew the license by submitting to the Code
Enforcement Officer within 30 days preceding expiration of the license, such
documentation and information as the Code Enforcement Officer may require,
paying the required fee and furnishing the certificate of insurance required
by this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
G.
Restriction on use of license.
(1)
Except as herein provided, no licensed person, firm or corporation duly licensed pursuant to this chapter shall allow his name to be used by any other person, firm or corporation, either for the purpose of obtaining a license under this chapter, a permit under Chapter 54, Building, Plumbing and Electrical Standards, of the Code of the Town of Tonawanda, New York, or doing any work under his license.
(2)
This restriction shall not prohibit a person, firm or corporation, duly licensed pursuant to this chapter, from subletting an electrical job or portion thereof to another person, firm or corporation, provided that such arrangement is disclosed on the application for an electrical permit as prescribed by Chapter 54, Building, Plumbing and Electrical Standards, of the Code of the Town of Tonawanda, New York, and that the licensed person, firm or corporation subletting such work shall be responsible for all such work.
(3)
A license is not transferable or assignable to any successor
in the business or to any person whosoever under any circumstances.
H.
Within seven days of the change, any licensed person,
firm or corporation, as applicable, shall notify the Code Enforcement Officer,
in writing, of the following:
[Amended 3-26-2007 by L.L. No. 2-2007]
I.
During any license year, it shall be the obligation of
every licensed person, firm or corporation to be in continuous compliance
with the qualifications and requirements needed to obtain an electrician's
license, and in the event of a failure to do so, the license issued shall
become null and void and the licensee shall immediately surrender such license
to the Code Enforcement Officer.
[Amended 3-26-2007 by L.L. No. 2-2007]
J.
Such license shall be subject to revocation, in the discretion of the Code Enforcement Officer, upon conviction of the licensee or any master electrician in the employ of a licensee of a violation of this chapter or Chapter 54, Building, Plumbing and Electrical Standards, of the Code of the Town of Tonawanda, New York. Such license shall not be restored for one year after conviction and thereafter only in the discretion of the Code Enforcement Officer, provided that he is satisfied that the applicant has taken steps to assure that such violation will not occur again.
[Amended 3-26-2007 by L.L. No. 2-2007]
A.
A master electrician shall be a natural person who holds
a master electrician certificate issued pursuant to this chapter.
B.
A master electrician certificate shall be issued by the
Examining Board of Electricians if a person has qualified for and passed an
examination as hereinafter required.
C.
Such examination shall be prepared and reviewed by the
Examining Board of Electricians. It shall consist of a written exam which
will fairly test the qualifications and knowledge of the applicant. In order
to qualify to receive an application to take such examination, a person must:
(1)
Satisfactorily demonstrate to the Examining Board of
Electricians that he has worked under the supervision of a licensed master
electrician as a journeyman electrician for a period of 10,000 hours, performing
the following: the installation, maintenance, extension and alteration of
wiring, fixtures, appliances and appurtenances in connection with all of the
following: electrical distribution, wiring and protection, methods and materials,
special occupancies, grounding, motors and controllers, transformers, fire
protection systems, optical fiber systems, communications systems and any
other type of installation as required by the National Electrical Code, as
amended from time to time.
(2)
Satisfactorily demonstrate to the Examining Board of
Electricians that he has a thorough knowledge and understanding of the National
Electrical Code, as amended from time to time.
(3)
Have paid a fee of $100.
(4)
Satisfactorily demonstrate to the Examining Board of
Electricians that applicant is of good moral character.
D.
Any person who fails, upon demand by the Code Enforcement
Officer, his deputy or assistants to produce a master electrician certificate
within a reasonable time shall be presumed not to be the holder of a master
electrician certificate.
[Amended 3-26-2007 by L.L. No. 2-2007]
E.
It shall be unlawful for any person to hold himself out
as a master electrician unless he is the holder of a valid master electrician
certificate.
F.
Waiver of examination.
(1)
The Examining Board of Electricians is empowered to waive
the examination requirement for any person who currently holds a valid 1994
Master Electrician's license certificate issued by a city, town or village
which has a comprehensive competency examination requirements for the issuance
of a master electrician license.
(2)
Such person must comply with all of the requirements
associated with this chapter.
(3)
In the event that the Examining Board of Electricians
waives the requirement for an examination as provided herein, the person receiving
such waiver shall pay a fee of $100 in order to receive his master electrician's
certificate.
(4)
The Examining Board of Electricians shall not issue any
waivers of examination after December 31, 1994.
A.
The Examining Board of Electricians shall consist of
five persons appointed by the Town Board of the Town of Tonawanda, New York.
Three members shall be master electricians, each having not less than five
years' experience in electrical work. The other two members shall be
the Code Enforcement Officer and his designated electrical inspector.
[Amended 3-26-2007 by L.L. No. 2-2007]
B.
The term of office of each member of such Board shall
commence upon appointment by the Town Board of the Town of Tonawanda and shall
continue for two years from the first day of January of the year following
his appointment, during which period he shall serve at the pleasure of the
Town Board.
C.
All vacancies shall be filled by the Town Board. Vacancies
filled during a term shall be for the duration of the unexpired term.
D.
Compensation.
(1)
The master electricians serving as members of such Board
shall receive $20 compensation for each regular meeting, not to exceed a total
of $240 per member in any one calendar year, payable semiannually.
(2)
It shall be the duty of the Code Enforcement Officer
and his designated electrical inspector to serve as members of the Examining
Board of Electricians without compensation therefor.
[Amended 3-26-2007 by L.L. No. 2-2007]
E.
All members of such Board shall be residents of the Town
of Tonawanda, New York.
F.
The Examining Board of Electricians shall have power
and it shall be its duty:
(1)
To meet as determined by the Code Enforcement Officer
at a location in the Town of Tonawanda, New York. It shall also meet whenever
the Town Board shall, in writing, request it to do so.
[Amended 3-26-2007 by L.L. No. 2-2007]
(2)
To have jurisdiction over and to examine, review and
approve applications for master electrician certificates submitted by qualified
applicants who desire to engage in electrical work in the Town of Tonawanda,
New York, exclusive of the Village of Kenmore.
(3)
To have jurisdiction over and to examine, review and
approve examinations for master electrician certificates taken by qualified
applicants who desire to engage in electrical work in the Town of Tonawanda,
New York, exclusive of the Village of Kenmore.
G.
Office supplies, including stationery, and books in which
to keep records will be furnished for members of the Examining Board of Electricians
by the Town of Tonawanda, New York.
H.
The records of the Examining Board of Electricians shall
be filed in the Code Enforcement Officer's office and shall be open for
inspection during business hours.
[Amended 3-26-2007 by L.L. No. 2-2007]
A.
Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed a violation punishable by a fine
not to exceed $250 or by imprisonment for a period not to exceed 15 days,
or both.
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
D.
In addition to the penalties set forth in this section,
the license shall be subject to the revocation provisions hereinbefore provided.
This chapter shall be applicable in the Town of Tonawanda, exclusive
of the Village of Kenmore.
