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City of Middletown, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Middletown 3-22-1943 (Ch. 31 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 193.
Fire prevention — See Ch. 261.
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 of Middletown established by this chapter.
CERTIFICATE OF APPROVAL
A certificate issued by Tri-State Inspection Agency, Inc., or Swanson Consulting, Inc., or Electrical Underwriters of NY, LLC, or NY Certified Electrical Inspectors, LLC, or Switch-On Electric.
[Amended 4-12-2004; 11-26-2007; 11-9-2009; 9-13-2010; 11-3-2014]
INSPECTOR
The person or persons authorized and required by this chapter to make electrical inspection within the City of Middletown, as more fully provided for in § 235-14A hereof.
MASTER ELECTRICIAN
Includes any person, firm, copartnership, association or corporation having a regular place of business, who or which performs the work of or who is engaged in the business of electrical contracting and/or of installing, altering and repairing or contracting to install, alter or repair any electric wires or wiring apparatus, fixtures and other appliances used or to be used for the transmission of electricity for light, heat or power, or signaling system where more than 50 volts is required for its operation.
[Amended 4-23-2007 by L.L. No. 1-2007]
PERSON
Includes an individual, firm, partnership or corporation.
PRINCIPALLY ENGAGED IN THE BUSINESS AS A MASTER ELECTRICIAN
A person who shall derive not less than 51% of his income from the electrical construction trade during a period of one year or more immediately preceding the application for renewal, of a Class A master electrician's license.
[Added 5-13-1968]
SHELVE
The voluntary placement by a person of his City of Middletown master electrician license in an inactive status. A person with a shelved license shall be unlicensed. This person shall not maintain, conduct, operate, advertise, engage in or transact a business as a master electrician in the City of Middletown.
[Added 8-3-2015]
SPECIAL ELECTRICIAN
Includes any person who is in the exclusive employ of the owner, lessee or manager of a building to install, alter or repair electric wiring or appliances for light, heat or power, or to install, alter or repair signaling systems where more than 50 volts is required for operation. Such license may be limited in its scope to any particular premises to be specified in such license, but if so limited the holder thereof shall be entitled to have such location changed from time to time upon application to the Board.
[Amended 4-23-2007 by L.L. No. 1-2007]
A. 
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 of Middletown, or hold himself out to the public, directly or indirectly, as being able so to do, unless licensed therefor pursuant to this chapter or unless employed by and working under the direction of a person so licensed.
B. 
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 of Middletown, or hold himself out to the public, directly or indirectly, as being able so to do, unless licensed therefor pursuant to this chapter, 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 chapter.
A. 
There is hereby established in and for the City of Middletown a board to be known as the Board of Electrical Examiners of the City of Middletown. This Board shall consist of six persons who shall be residents of the City of Middletown, with the exception of the Inspector representing Tri-State Inspection Agency, Inc., or Swanson Consulting, Inc., or Electrical Underwriters of NY, LLC, or NY Certified Electrical Inspectors, LLC, or Switch-On Electric, and the representative of the utility company, and who shall be appointed by the Mayor, and who shall be a representative of the following. Subject to the confirmation by the Common Council, members of the Board shall hold office for one year and shall serve without compensation. Meetings shall be held at least once each month.
[Amended 5-13-1968; 4-23-2007 by L.L. No. 1-2007; 11-26-2007; 11-9-2009; 9-13-2010; 2-14-2011; 11-3-2014]
(1) 
One City Electrical Inspector or one Electrical Inspector representing Tri-State Inspection Agency, Inc., or Swanson Consulting, Inc., or Electrical Underwriters of NY, LLC, or NY Certified Electrical Inspectors, LLC.
(2) 
One City Inspector of Buildings or the municipal officer performing that duty.
(3) 
One resident master electrician.
(4) 
One resident journeyman electrician.
(5) 
One authorized representative of the utility company supplying electrical energy to the City of Middletown.
(6) 
One professional electrical engineer or registered architect.
B. 
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.
C. 
A member of the Board may be removed by the Mayor for misfeasance or malfeasance in office, incompetence, 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.
D. 
The Board shall elect a Chairman and a Secretary from its membership.
E. 
A majority of the Board shall constitute a quorum for the transaction of business.
[Amended 1-27-2008; 2-14-2011]
The Board shall have the following powers and duties, in addition to those elsewhere prescribed in this chapter:
A. 
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. All members of the Board present at any meeting shall sign the minutes of such meeting.
B. 
To accept applications for licenses under this chapter, accompanied by an application fee as determined from time to time by the Common Council of the City of Middletown in accordance with the fee schedule adopted by the Common Council.
C. 
To grant and issue licenses as master electricians and special electricians to applicants who satisfactorily pass any qualifying examination conducted by an appropriate agency or testing company chosen by the Commissioner of Public Works of the City. Licenses shall be signed by the Chairman and Secretary of the Board. All fees and expenses associated with such examination(s) must be paid by the individual applicant to the City or the agency or testing company, as the case may be, prior to the applicant taking such examination.
D. 
To suspend or revoke licenses for cause as prescribed in § 235-11A.
E. 
To impose and collect fines for violations as prescribed in § 235-11B.
F. 
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.
G. 
Subject to the approval of the Common Council of the City, to adopt such rules and regulations as may be necessary, not inconsistent with the provisions of this chapter, with respect to the form and content of applications for licenses, 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 chapter, and for the proper administration and enforcement of the provisions of this chapter; and, subject to the approval of the Common Council of the City, to amend or repeal any 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.
H. 
To file a copy of all of its rules, regulations and application forms and of all changes therein, duly certified by the Secretary, with the City Clerk, immediately upon the adoption thereof and after approval of the same by the Common Council of the City, which copy shall be available for the public inspection during the regular business hours of the day.
[Amended 8-11-1952; 5-29-1979]
The Board may issue licenses under this chapter as follows:
A. 
Master electrician's license: Class A.
(1) 
A master electrician's license, Class A, shall authorize the licensee to engage in the business of master electrician within the City of Middletown for a period ending the 31st day of December of the year in which it is issued, except that a licensed master electrician regularly and 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 may not perform the work or engage in the business of a master electrician outside of such plant, and except further that the work of a master electrician may not be performed, under a license granted on application made pursuant to § 235-6B, outside of the plant mentioned and described in such application.
(2) 
The fee for such license shall be $300 per year, commencing January 1 of said year.
[Amended 5-13-1968; 5-29-1979; 12-27-2005; 11-2-2015]
B. 
Master electrician's license: Class B.
(1) 
A master electrician's license, Class B, shall authorize he licensee to engage in the business of master electrician in the City of Middletown but only for the purpose of undertaking, performing and completing a single continuous job or installation at one location or property.
(2) 
Electricians licensed by the City of Newburgh, New York, and the City of Port Jervis, New York, will be allowed to obtain a master electrician’s license, Class B, upon payment of the fee set forth in § 235-5B(3). Such electricians shall be subject to the restrictions contained in § 235-5B(1).
[Added 4-3-2012[1]]
[1]
Editor's Note: This resolution also redesignated former Subsection B(2) as Subsection B(3).
(3) 
The fee for a Class B license shall be $300, and a one-time license shall be $750 per job.
[Amended 5-13-1968: 5-29-1979; 2-7-1995; 12-27-2005; 11-2-2015]
C. 
Master electrician's license: Class C.
[Added 5-24-1943; amended 5-13-1968; 5-29-1979]
(1) 
A master electrician's license, Class C, shall authorize the licensee to engage in the business of a master electrician in the City of Middletown for a period ending the 31st day of December of the year in which it is issued, but only for the purpose of installing, wiring and repairing oil burners and stokers or to do other specialized work, to be noted or provided for on the license issued.
(2) 
The fee for such license shall be $300 per year, commencing January 1 of said year.
[Amended 12-27-2005; 11-2-2015]
D. 
Special electrician's license.
(1) 
A special electrician's license shall authorize the licensee to perform only the work of a special electrician for any employer and at a location designated and specified in the license for a period ending the 31st day of December of the year in which it is issued. Such 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 chapter are prohibited from performing or supervising such work.
[Amended 5-29-1979]
(2) 
The fee for such license shall be $25 per year, commencing January 1 of said year.
[Amended 9-9-1974; 5-29-1979]
(3) 
Upon receipt of a proper application therefor, the Board shall grant the holder of such 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.
E. 
Renewals of electrical licenses shall be for a period of one year, commencing on the first day of January and ending the 31st day of December of said year. The fees shall be as follows:
[Added 5-29-1979; amended 11-2-2015]
(1) 
Class A: $200.
(2) 
Class B: $200.
(3) 
Class C: $200.
(4) 
Class D: $200.
A. 
Every person desiring a license as a master electrician under this chapter 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 be 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.
[Amended 5-29-1979]
B. 
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, desiring a license as a master electrician so that the work of the 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 purpose. 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 to the work to be done under the license, if granted.
C. 
Every person, desiring a license as a special electrician under this chapter 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, or who desires to employ the applicant, and the nature and extent of the experience of the applicant in work as a special electrician.
D. 
Each application shall also be accompanied by cash, check or money order in the amount of $15, which amount shall not be refunded.
[Amended 5-29-1979]
E. 
Unless amended by the Board with the approval of the Common Council, the form of application to obtain a master electrician license is attached to and made a part of this chapter as Appendix A, and the form of application to obtain a special electrician license is attached to and made a part of this chapter as Appendix B.[1]
[Added 2-14-2011]
[1]
Editor's Note: Appendix A and Appendix B are on file in the City offices.
[Amended 2-14-2011]
A. 
Examinations shall be conducted by an appropriate agency or testing company chosen by the Commissioner of Public Works of the City. Examinations shall be conducted from time to time and as needed based on applications submitted to the Board, but in no event less than three times each year. A complete record of every examination given shall be kept on file for three years after the date of the examination. All fees and expenses associated with such examination(s) must be paid by the individual applicant to the City or the agency or testing company, as the case may be, prior to the applicant taking such examination.
B. 
The applicant or the designated representative of the applicant shall present himself or herself for examination at the time and place specified by the appropriate agency or testing company chosen by the Commissioner of Public Works of the City.
C. 
An applicant or the representative of an applicant who has failed in his or her 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.
D. 
No license as a master electrician shall be granted to any person unless the applicant, or the applicant's designated representative, shall provide satisfactorily to an appropriate agency or testing company chosen by the Commissioner of Public Works of the City that he or she is a competent electrician and qualified to do electrical contracting, construction and installation work and electrical wiring; 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 current National Electric Code[1] applicable to the City of Middletown along with a knowledge of the provisions of this chapter and other laws of the state and the City, if any, applicable to the installation of electrical wiring devices, appliances and equipment and of the provisions thereof requiring permits therefore.
[1]
Editor's Note: Copies of the National Electrical Code are available for inspection in the office of the Commissioner of Public Works.
E. 
No license as a special electrician shall be granted to any person unless such person proves to the satisfaction of an appropriate agency or testing company chosen by the Commissioner of Public Works of the City that he or she is a competent electrician and qualified to do electrical repairing and maintenance work; has a working knowledge of electricity and the 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 or she is or will be employed, combined with a practical working knowledge of the requirements and provisions of the current National Electric Code applicable to the City of Middletown along with a knowledge of the provisions of this chapter and other laws of the state and the City, if any, for the repair and maintenance of electrical wiring, devices, appliances and equipment.
F. 
No license shall be granted to any person who is less than 21 years of age or who does not comply with the New York State workers' compensation law.
A. 
No license issued hereunder shall be assignable or transferable.
B. 
Each license as a master electrician issued hereunder shall specify the name of the person, firm, partnership or corporation licensed, who or which 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. 
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 he has the requisite qualification of stock ownership herein prescribed therefor.
D. 
The same person shall not be designated as the supervisor in two or more licenses issued to different holders.
E. 
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. If that person is required to but does not hold a license designated under this chapter, that person must apply for such license and be examined as provided in this chapter. 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 be deemed to be null and void on the 30th day following such termination.
[Amended 2-14-2011]
F. 
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. 
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.
[Amended 5-13-1968]
A. 
No Class A master electrician's license shall be renewed if the licensee has not principally engaged in 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 chapter 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.
B. 
Licensed master electricians who are not actively engaged in the business of master electrician may shelve such a license for a fee of $100 per year.
[Added 8-3-2015]
[Amended 5-29-1979]
No person otherwise qualified shall engage in, carry on or conduct the business of master electrician within the City of Middletown until he has first procured from the Board a sign appropriately lettered or marked "Licensed Master Electrician," such sign to be conspicuously displayed on every automobile or truck used by said master electrician in connection with his business. A person retiring, abandoning or not actually engaged in the business of master electrician or whose license has expired or been suspended or revoked shall surrender to the Board such sign and shall not again engage in such business until he is licensed and/or has again procured such sign as herein provided.
[Amended 5-13-1968; 2-14-2011]
A. 
Any license issued hereunder may be suspended or revoked in the reasonable discretion of the Board after a hearing in front of the Board upon both due notice and charges given to the licensee and an opportunity to be heard by the Board in his, her or its defense in person and/or by an attorney. If, after a hearing in front of the Board, the Board is satisfied that the holder of such license or any of his or her or its officers or employees willfully, or by reason of incompetence, has violated any provision of this chapter or of any other law, ordinance, local law, resolution or building or electrical code governing electrical work or requiring permits therefore in the City, then the Board may suspend or revoke such license.
B. 
After a hearing in front of the Board as set forth in § 235-11A, the Board, in lieu of suspending or revoking a license issued pursuant to this chapter, may impose a fine not exceeding $50 for the first offense, and not less than $100 nor more than $500 for a second or subsequent offense, and the Board may suspend the license until such fine is paid.
[Amended 2-14-2011]
Any action of the Board 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 New York Civil Practice Law and Rules.
All installations of electrical work, all extensions thereto and all alterations thereof within the City of Middletown shall be in conformity with the provisions of this chapter and of any other applicable local law, resolution, ordinance or building code pertaining thereto and shall also be in conformity with approved standards for safety to life and property. In every case where no specified 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 Standards Association shall be prima facie evidence of conformity with approved standards for safety to life and property.
A. 
The Commissioner of Public Works or his representative and the Fire Inspector of the City of Middletown, if any, and the Chief Inspectors, duly appointed as the representatives of the Tri-State Inspection Agency, Inc., and Swanson Consulting, Inc., and Electrical Underwriters of NY, LLC, NY Certified Electrical Inspectors, LLC, Switch-on Electric, Northeast Electrical Inspections, LLC, NY Electrical Inspections and Consulting, LLC, or NY Electrical Inspectors, Inc. are authorized to make electrical inspections within the City of Middletown, and each of the Chief Inspectors' duly appointed deputy and assistant inspectors are hereby authorized to make inspections and reinspections of all electrical installations within the City of Middletown and all extensions thereto and alterations thereof and to approve or disapprove the same.
[Amended 5-13-1968; 5-29-1979; 4-12-2004; 11-26-2007; 11-9-2009; 9-13-2010; 11-3-2014; 5-16-2017]
B. 
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 persons, firm, partnership or corporation conducting such business.
C. 
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 electrical 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. 
It shall be the duty of the Inspector to make an inspection of any premises wherein a fire or explosion has occurred within, and for such purpose it shall be the duty of the Chief of the Fire Department or the head of the fire protection agency of the City of Middletown, 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. 
Any public utility company furnishing electric service within the City of Middletown shall, once each month, furnish to the Inspector a written list containing the name and address of each person or corporation supplied by said public utility company with mercantile, commercial or industrial electrical service during the previous month. This provision shall only apply in the case of a new supply or a resumption of supply of electric service.
F. 
Any person or entity authorized to conduct electrical inspections in the City of Middletown must carry insurance coverage for such inspections in an amount and form subject to the approval of the City Corporation Counsel and such policy must name the City of Middletown as an additional insured.
[Added 4-12-2004]
A. 
It shall be unlawful for any person, firm or corporation 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, appliance or equipment.
B. 
It shall be unlawful for any person, firm or corporation 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 or the use of which has been ordered 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.
C. 
It shall be a violation of this chapter for any person to install, alter or repair any electric wiring in the City of Middletown, New York, until such time as proper application has been filed with the City Electrical Inspector or the Electrical Inspector representing the Tri-State Inspection Agency, Inc., or Swanson Consulting, Inc., or Electrical Underwriters of NY, LLC, or NY Certified Electrical Inspectors, LLC, or Switch-On Electric, and a permit obtained.
[Added 5-13-1968; amended 4-23-2007 by L.L. No. 1-2007; 11-26-2007; 11-9-2009; 9-13-2010; 11-3-2014]
D. 
No such permit shall be issued to any person, firm or corporation unless he or it is the holder of a Class A, Class B or Class C, as a Master Electrician under this chapter.
[Added 5-13-1968]
A. 
The provisions of this chapter shall not apply to persons engaged solely in selling or solely in the attachment of ordinary electric appliances to existing circuits where no jointing or splicing or electrical conductors are required; nor to the installation, maintenance or repair of elevators; nor 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 his or its principal business; nor to 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 installing, maintaining and repairing on the consumer's premises of service connections, meters and other apparatus and appliances remaining the property of such companies or plants after installation, nor to emergency repairs of wiring and appliances on consumer's premises necessary for the protection of life or property; nor to the work of companies incorporated for the transmission of intelligence by electricity in installing, maintaining or repairing wires, apparatus or fixtures or other appliances. Neither shall the provisions of this chapter apply to any work required to be done by any company or individual in the servicing of any appliances capable of being plugged in on the customer's premises nor to electrical work performed on the property of any railroad corporations by its employees.
B. 
This chapter shall not be retroactive.
[Amended 5-29-1979; 2-14-2011]
It shall be unlawful for any person to permit an unlicensed electrician to do any electrical work in the City of Middletown, except as stated in § 235-16 of this chapter.
[Amended 1-7-2008; 2-14-2011]
All fees, fines and penalties derived by the Board from the operation of this chapter shall be turned over by the Board to the Treasurer of the City within 10 days after they are received and such moneys shall be paid by such Treasurer into the general fund of the City and shall be available for use for any lawful City purpose.
[Amended 12-13-1976; 3-8-1999]
Any person who shall directly or indirectly engage in or work at the business of a master electrician or special electrician in the City of Middletown without a master electrician's license or special electrician's license, or who shall violate any of the provisions of this chapter or of any rule or regulation made pursuant thereto, or who, having had his license suspended or revoked, shall continue to engage in or work at the business of a master or special electrician, as the case may be, or who shall not obtain permits as outlined in § 235-15, shall be guilty of an offense within the meaning of the Penal Law of the State of New York and, upon conviction thereof, shall be punishable by a fine of not less than $100 nor more than $500 and/or up to 15 days in jail. Each day on which the violation continues shall constitute a separate offense.
This chapter shall not be construed to relieve from, nor lessen the responsibility of any person owning, operating, controlling or installing any electric wiring devices, appliances, or equipment for, loss of life or damage to person or property caused by any defect therein, nor shall the City of Middletown be deemed to have assumed any such liability by reason of any inspection made or license issued pursuant to this chapter.
In any part or provision of this regulation or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other person or circumstances, and the Common Council of the City of Middletown hereby declares that it would have adopted this chapter or the remainder thereof had such invalid application or invalid provision been apparent.