[HISTORY: Adopted by the Common Council of
the City of Middletown 3-22-1943 (Ch. 31 of the 1971 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the following meanings unless the context requires otherwise:
The Board of Electrical Examiners of the City of Middletown
established by this chapter.
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]
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.
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]
Includes an individual, firm, partnership or corporation.
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]
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]
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.
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.
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.
