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]
[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]
(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]
[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.
[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.