[HISTORY: Adopted by the Town Board of the Town of West Bloomfield 4-10-1996
by L.L. No. 3-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 56.
Since there is danger to life and property inherent in the use of electrical
energy, this chapter is enacted to regulate the installation and/or the alteration
of wiring for electric light, heat or power and signal systems, except telephones,
in or on all real property within the Town of West Bloomfield.
No person, firm or corporation shall install or cause to be installed
or alter electrical wiring for light, heat or power in or on properties in
the Town of West Bloomfield until an application for inspection has been duly
filed with an electrical inspection organization which has been licensed by
the Town Board of the Town of West Bloomfield to make electrical inspections
in the Town of West Bloomfield. No person, firm or corporation shall connect
or cause to be connected electrical wiring in or on properties within the
Town of West Bloomfield to any source of electrical energy supply, prior to
the issuance of a temporary certificate, or a certificate of compliance, by
the electrical inspection organization with which the application for inspection
has been filed.
All electrical installations or alterations within the Town of West
Bloomfield shall be made in conformity with the National Electric Code, except
when the provisions of this chapter, the New York State Uniform Fire Prevention
and Building Code or any ordinance or regulation of the Town of West Bloomfield
shall have more stringent requirements shall be recognized as compliance with
this chapter. The requirements of the National Electrical Code shall be those
known as the "National Fire Protection Association, Pamphlet No. 70-1984,"
as approved and adopted by the American Standards Association and as may be
modified or amended by said Association in the future.
A.
No electrical inspection agency shall make electrical
inspections in the Town of West Bloomfield unless licensed to do so by the
Town Board of the Town of West Bloomfield.
B.
Any electrical inspection agency desiring to make electrical
inspections in the Town of West Bloomfield may apply to the Town Board for
an electrical inspection license on application forms prescribed by the Town
Board.
C.
No applicant for a license shall be issued a license unless such applicant shall certify as part of his application that he accepts and will comply with all the standards and criteria for electrical inspection agencies set forth in § 76-5 of this chapter, and the requirements of this law.
The standards and criteria for electrical inspection agencies shall
be as follows:
A.
The agency shall be authorized to conduct business within
the State of New York.
B.
The agency has and will maintain an office in the Western
New York service area, staffed to receive telephone calls during normal business
days for a minimum of six hours per day.
C.
The agency, its employees and workmen shall comply with
all federal, state and local laws, ordinances, rules and regulations pertaining
to any electrical inspection.
D.
The agency shall establish a system to receive applications
and issue inspection reports in accordance with the following:
(1)
The agency shall provide an application form which shall
include a copy for the Municipal Building Department and the customer.
(2)
The agency shall issue in a timely manner a temporary
certificate directly to the utility, indicating that the electrical service
meets code requirements for energizing. When all electrical work is completed
and in compliance with the code requirements, a certificate shall be issued
to the applicant and a copy sent to the Town of West Bloomfield Building Department.
(3)
When subsequent progressive inspections are required,
the agency shall establish a procedure for a prompt notification of any noncompliance.
The notice shall be given to the customer and the Municipal Building Department.
(4)
Upon a finding of compliance, the agency shall promptly
issue a certificate of final compliance and shall provide a copy thereof to
the Building Department and the customer.
E.
The Town of West Bloomfield shall not be charged or otherwise
responsible for costs associated with inspections, reinspection, etc., as
required above, or as may be otherwise required by the Town of West Bloomfield.
F.
The agency agrees to and shall maintain adequate records
so that it can provide the Town of West Bloomfield or the officials of the
town and its customer with records of inspection when requested to do so.
Such records will be maintained for a maximum of six years.
G.
The agency shall require that all wiring inspected meets the standards as set forth in § 76-3 of this chapter.
H.
The agency shall not compete with any other agency in
any manner which would cause it to reduce the quality of its inspections.
It shall not knowingly accept an application from any applicant who has received
notice of violation(s) from another agency. The agency shall make appropriate
inquiry on its standard application forms.
I.
Each licensed agency is required to maintain and furnish
the Town of West Bloomfield with a list of current inspection charges. Established
charges will be applied uniformly. Inspections and reports shall be made only
by qualified electrical inspectors. The agency shall ascertain and ensure
that the inspectors they employ have adequate experience, education and training
to meet the following minimum requirements:
(1)
A working knowledge of the principles of electricity
necessary to interpret the National Electrical Code and applicable codes of
the State of New York and the Town of West Bloomfield and knowledge and understanding
of the requirements of such codes.
(2)
Familiarity with the construction practices of the electrical
wiring trade.
(3)
Affirmation by the agency and each inspector of said
agency that it, he or she does not and will not engage in or have any interest,
direct or indirect, with any wholesaler or retailer of electrical equipment
in the State of New York; and that inspectors will not engage in the work
of an electrician anywhere within the County of Ontario, except that an inspector
may do electrical work on his or her own property located within the Town
of West Bloomfield. However, if an inspector does perform such electrical
work, any required inspections under this code shall be performed by another
agency licensed to make inspections in the Town of West Bloomfield.
J.
No agency will be licensed by the Town of West Bloomfield
without proof that inspections by said agency will be accepted by the electric
utility company serving the Town of West Bloomfield with electric power. In
the event that an agency is acceptable at the time of the license application
but subsequently becomes unacceptable to the utility company, any inspection
license issued by the Town of West Bloomfield shall automatically terminate,
and the agency shall make no further inspections in the Town of West Bloomfield.
K.
Insurance.
(1)
No applicant for an electrical inspection license will
be approved for a license unless the applicant agency has in force and will
continue to maintain during the license period the following minimum insurance.
(2)
A certificate of insurance shall be furnished with each
application for an electrical inspection license.
(3)
In the event of a cancellation of any of the above insurance
policies, the licensee and/or the insurance carrier must submit to the Town
of West Bloomfield 10 days' notice of cancellation prior to the cancellation
date. Failure to comply with this requirement will be sufficient reason for
cancellation or suspension of any license issued hereunder.
L.
By the acceptance of an electrical inspection license
by an agency, such agency shall, at its own expense, indemnify and hold harmless
the Town of West Bloomfield, its officers, agents, servants and employees
from all liability, judgments, costs, damages and expenses (including attorney's
fees) arising out of any electrical inspection made by the agency in the Town
of West Bloomfield. In satisfaction of this requirement, an agency may name
the Town of West Bloomfield as an additional insured on its general and excess
liability insurance policy, insuring the Town of West Bloomfield against any
liability arising out of electrical inspections made in the Town of West Bloomfield.
A.
The provisions of this chapter shall not apply to the
electrical installation in mines, ships, railway cars, automotive equipment
or the installations or equipment employed by a railway, electrical or communication
utility in the exercise of its function as a utility and located outdoors
or in buildings used exclusively for that purpose.
B.
This chapter shall not apply to any work involved in
the manufacture, assembly, test or repair of electrical machinery, apparatus,
materials and equipment by a person, firm or corporation engaged in electrical
manufacturing as their principal business. It shall not apply to any building
which is owned or leased in its entirety by the government of the United States
or the State of New York.
This chapter shall not be construed to relieve from or 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 Town of West Bloomfield
be deemed to have assumed any such liability by reason of any inspection made
pursuant to this chapter.
Any person, firm or corporation who shall violate any of the provisions
of this chapter or any rule or regulation made pursuant thereto shall be guilty
of an offense and, upon conviction thereof, shall be punished by a fine of
not less than $250 nor more than $500 and each day on which such violation
continues shall constitute a separate offense; and, in addition, may be ordered
to pay all costs and expenses relating to such violation.
