[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 9-27-1948 by Ord. No. 81. Amendments noted where
applicable.]
In the interest of public safety, safeguarding
of buildings and their contents from electrical hazards arising from
the use of electricity for light, heat, power and for other purposes,
and in order to establish minimum standard practices, and pursuant
to authority vested in the Board of Trustees of the Incorporated Village
of Valley Stream, County of Nassau, said Village Board hereby ordains
and enacts and publishes as follows.
[Amended 7-9-1962; 5-23-1977 by L.L. No. 6-1977; 1-13-2003 by L.L. No.
1-2003]
This chapter shall be known as the “Electrical Code” of the Incorporated Village of Valley Stream, County of Nassau, New York, and for all intents and purposes the Building Code of New York State, Chapter 27, is hereby adopted and made part of this code.
[Amended 5-23-1977 by L.L. No. 6-1977; 1-13-2003 by L.L. No.
1-2003]
A.
General. It shall be unlawful to install, maintain or use any electrical wiring, devices, materials, apparatus or equipment hereinafter installed, except in conformance with the Building Code of New York State, Chapter 27.
B.
Exceptions: public service corporations. The provisions
of this code shall not apply to:
(1)
Electrical equipment used in connection with railroads.
(3)
The electrical equipment hereinabove referred shall
be owned or leased and operated by, or for the exclusive benefit of,
persons or corporations subject to the jurisdiction of either the
public service commissions of the State of New York or their successors.
The Board of Trustees or their duly appointed
officers or employees are empowered to:
A.
Make rules and regulations respecting the installation,
alteration or repair of electrical wiring or appliances for light,
heat or power in or upon any building.
B.
Cause any electric wiring or appliances for light,
heat or power in or upon any building to be examined and inspected
by any officer or employee designated for that purpose.
C.
It shall be the duty of the enforcing officer or employees
to keep a record of licenses issued, fees collected, reports and notices
or orders issued. He shall make a monthly report to the Village Board
of licenses issued, fees collected, etc.
[Amended 11-26-1962; 5-23-1966; 5-23-1977 by L.L. No. 7-1998; 1-13-2003 by L.L. No.
1-2003]
A.
General. No person shall install, alter or repair,
or cause to be installed, altered or repaired, electric wiring or
appliances for light, heat or power in any building, except a person
holding a master electrician’s license, as defined in this code,
or a person employed and working under the general supervision of
the holder of a master’s license.
[Amended 8-17-1998 by L.L. No. 7-1998; 1-13-2003 by L.L. No. 1-2003]
All electric work, electric wiring and materials for light, heat or power and all lighting fixtures, apparatus or appliances for furnishing light, heat or power shall be installed in compliance with the New York State Building Code, Chapter 27, and such wiring materials, apparatus, fixtures or appliances shall not be placed in use or operation until certificates of inspection and approval are obtained from a qualified electrical inspection by a electrical certification agency certified and approved by resolution of the Board of Trustees of the Incorporated Village of Valley Stream to furnish inspection and certification services in accordance with any rules and regulations promulgated pursuant to § 23-11.
[Amended 3-23-1987 by L.L. No. 5-1987]
A.
No person, firm or corporation shall supply, or cause
to be supplied or used, electrical current for light, heat or power
to any wiring or appliances in any building, unless a certificate
of inspection, temporary or final, approving said wiring and appliances
shall have been issued by a qualified electrical inspection and certification
agency certified and approved by resolution of the Board of Trustees.
[Amended 8-17-1998 by L.L. No. 7-1998]
B.
Permit required. No person, firm, corporation or purveyor
of electricity shall install, or cause to be installed, any electric
meter, whether in connection with supplying current for a new or existing
building or structure or for an increased load in a new or existing
building or structure, nor shall any person, firm or corporation install,
alter or repair or cause to be installed, altered or repaired electric
wiring or appliances for light, heat or power in any building, structure
or real property within the building lines of any premises in the
Incorporated Village of Valley Stream without first obtaining a permit
therefor from the Building Department.
D.
Fees. The fee for each permit issued pursuant to this
section shall be as prescribed by resolution of the Board of Trustees,
duly adopted at an open meeting thereof
[Amended 8-17-1998 by L.L. No. 7-1998; 1-13-2003 by L.L. No. 1-2003]
If, in the judgment of the Board of Trustees
or its duly authorized representative after due inspection, the electric
wiring or appliances in any building shall be deemed unsafe or dangerous
to persons or property, said authorization representative shall have
the power to cause such wires or appliances to be disconnected from
the supplying wires or apparatus and to seal the wiring or appliances
so disconnected. Thereafter, no person shall cause or permit electric
current to be supplied to wiring or appliances so sealed until the
same shall have been made safe and a certificate to that effect has
been issued by a qualified electrical inspection by a electrical certification
agency certified and approved by resolution of the Board of Trustees.
[Amended 10-22-1990 by L.L. No. 6-1990; 8-17-1998 by L.L. No. 7-1998]
Any person or persons who shall violate the
provisions of this chapter or regulations adopted thereunder shall
be punishable by a fine of not exceeding $3,000 for every such offense
and, in addition thereto, shall be guilty of disorderly conduct, and
the person or persons, association or corporation violating any of
the provisions or parts of this chapter shall be and are hereby declared
to be disorderly persons and shall be prosecuted as such. The owner
of a building, structure or premises or part thereof where anything
in violation of this chapter shall exist, and any contractor, builder,
architect, agent, person or corporation employed in connection therewith
and who may have assisted in such violation shall be guilty of a separate
offense and, upon conviction thereof, shall be fined as herein provided.
[Amended 5-23-1977 by L.L. No. 6-1977; 1-13-2003 by L.L. No.
1-2003]
A.
Organization. The Board of Trustees shall appoint
an Electricians Examining Board consisting of three members to determine
the fitness of applicants for licenses, and may, for cause shown,
remove any member thereof and fill any vacancy therein which may exist
from time to time. The Board of Trustees shall select a Chairperson.
B.
The term of office of the members of the Electrical
License Board shall be as follows:
C.
The members of the Electrical License Board shall
be persons with not less than 10 years experience in the electrical
trade and possess a Village Electrical License; the members of said
License Board shall be compensated at the rate as may be set by resolution
of the Board of Trustees.
D.
Meetings. The License Board shall meet regularly twice
each month at a time and place to be determined by the Board. The
Chairperson of the Board may call special meetings at his or her discretion
or upon written request of the other two members of the Board. Each
member of the Board shall be entitled to at least 24 hours' notice
of a special meeting.
[Amended 1-13-2003 by L.L. No. 1-2003]
The License Board shall make rules and regulations for the conduct of its business as an examining board, except as may be provided otherwise in this code or by duly adopted regulations of the Board of Trustees. The New York State Building Code, Chapter 27, shall be accepted as suitable for use as a guide to the License Board under this code.
No person or persons shall establish, carry
on or engage in the electrical contracting business in the Incorporated
Village of Valley Stream, in the capacity of a master electrician,
without first having been licensed to do so.
[Amended 10-9-1961; 11-2-1964; 5-23-1977 by L.L. No. 6-1977; 10-22-1990 by L.L. No.
6-1990; 8-17-1998 by L.L. No. 7-1998; 1-13-2003 by L.L. No.
1-2003]
A.
Any person desiring a master electrician’s license
shall make application on the forms provided to the License Board,
which Board shall pass upon the qualifications of the applicant and
shall have jurisdiction either to issue or deny the license to such
applicant.
B.
All applications for a master electrician’s
license shall state the name, place of business and telephone number
of the applicant.
C.
Every application for a master electrician’s
license shall be accompanied by a nonrefundable fee in such amount
as shall from time to time be prescribed by resolution of the Board
of Trustees. Upon issuance of a master electrician’s license,
each applicant shall pay an additional fee therefor, in such amount
as shall from time to time be prescribed by resolution of the Board
of Trustees.
D.
Every license shall expire on the 31st day of December
in the year of its issuance and then may be renewed without examination
for every succeeding year on the payment of a renewal fee in such
amount as shall from time to time be prescribed by resolution of the
Board of Trustees.
E.
A master electrician’s license shall be granted
or denied within 10 days after the applicant has taken the examination.
F.
Failure to register within one year will subject the
applicant to another examination.
H.
Whenever a person, designated by a license to act
as a representative before the License Board, severs his or her connection
with such licensee, it shall be the duty of both the licensee and
the representative to notify the duly authorized representative of
the Board of Trustees or the License Board within 10 days from date
thereof. Failure on part of either the representative or licensee
to file this notice shall be sufficient cause for refusal to issue
another license to either the representative or licensee, or both.
I.
Licenses may be suspended or revoked by violation
of any of the following rules and regulations and also by any of the
following causes:
(1)
Failure to file an application with the Building Department
of the Incorporated Village of Valley Stream for a permit prior to
the beginning of actual work. The fee for electrical permits from
time to time will be prescribed by resolution of the Board of Trustees.
(2)
Failure to file application for a certificate of inspection
of a qualified electrical inspection and certification agency certified
and approved by resolution of the Board of Trustees prior to the beginning
of actual work.
(3)
Failure, upon receipt of a violation notice, to take
action called for by such notice.
(4)
Performance of electrical work in any manner contrary
to the requirements of this code.
(5)
Any improper or fraudulent practice shown, to the
satisfaction of the License Board, to exist after a hearing.
J.
Where an applicant is, at the time of making the application,
a duly licensed master electrician in any other municipality in the
County of Nassau and shall submit a certified copy of such license,
and if he shall maintain his or her principal place of business in
such municipality, the examination hereinafter provided for shall
be waived, provided that such municipality has duly adopted an ordinance
reciprocating in like manner and extending the same privilege to persons
licensed as master electricians by the Electrical Examining Board
of the Incorporated Village of Valley Stream. The, fee however, in
such cases shall be the same as for those requiring the examination
by the Electrical Examining Board.
[Amended 10-22-1990 by L.L. No. 6-1990; 1-13-2003 by L.L. No. 1-2003]
A.
The term “master electrician,” as used
in this code, means a person, firm or corporation engaged, by contract
or otherwise, in any other capacity than as employee to a duly licensed
master electrician, in the work of installing, setting up or putting
together any electrical wiring devices, material, apparatus, equipment
or appliances for light, heat or power.
B.
No master electrician shall directly or indirectly
allow his or her license to be used in connection with work not actually
done by him or her or under his or her supervision.
C.
Prior to the issuance of a master electrician’s
license or a renewal thereof, every applicant shall maintain at a
minimum the following insurance, giving evidence of same to the Building
Department of the Incorporated Village of Valley Stream in the form
of certificates of insurance or complete copies of policies. All insurance
carriers must be New York State licensed with an A. M. Best rating
of at least A-IX.
(2)
Commercial general liability.
(5)
Hold harmless agreement. The contractor shall indemnify
and hold the Incorporated Village of Valley Stream harmless against
any claim of liability or loss including the cost of defense for personal
injury or property damage resulting from or arising directly or indirectly
out of or resulting from the permit holder's operations within the
Incorporated Village of Valley Stream, including losses arising out
of the negligent acts or omissions of the contractor, its servants
or agents, and any subcontractors, its servants or agents.
D.
Said insurance shall remain in full force and effect
throughout the license period. Said insurance shall provide that no
cancellation or material modification of such policy shall be made
unless at least 15 days prior written notice thereof is given by registered
or certified mail to the Building Department.[1]
[1]
Editor's Note: Former Subsection E, requiring
transmission of surety bonds to the Village Clerk, which immediately
followed this subsection, was repealed 10-22-1990 by L.L. No. 6-1990.
E.
The insurance requirements as indicated in this section
may be changed or amended by resolution of the Board of Trustees,
duly adopted at an open meeting thereof.
The right is reserved by the Board of Trustees
of the Incorporated Village of Valley Stream to modify, amend or repeal
any of the provisions of this chapter upon proper notice.
[Amended 1-13-2003 by L.L. No. 1-2003[1]]
Any person, association or corporation deeming
himself, herself, themselves or itself aggrieved by any ruling, decision
or order of the Superintendent of Public Works or the authorized representative
of the Board of Trustees made under this chapter, may apply in writing
to the Board of Trustees at any meeting thereof, but no later than
thirty days from the date the ruling, decision, order was filed with
the Village Clerk, for review of such ruling, decision or order and,
upon good and sufficient cause being shown thereof, remit any penalty
which may have been incurred.
[1]
Editor's Note: This local law also repealed
former §§ 23-17, Repealer, and 23-18, When effective,
which immediately followed this section.
