[HISTORY: Adopted by the Town Board of the Town of Rush 4-22-1986
by L.L. No. 2-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 36.
Each of the duly appointed inspectors of an agency, company or organization
meeting the criteria set forth herein may be authorized and deputized by the
Code Enforcement Officer as agents of the Town of Rush to make inspections
and reinspections of all electrical installations in the Town of Rush and
to approve or disapprove the same. In no event will the cost or expense of
such inspections and reinspections be a charge against the Town of Rush.
Any agency, company, or organization which desires to be authorized
to conduct electrical inspections in the Town of Rush as agents of the Town
of Rush must meet the following criteria:
A.
It must be authorized by the State of New York to conduct
business within the boundaries of New York State.
B.
It must certify and provide proof that it maintains currently
effective insurance. It shall maintain such insurance policies in full force
and effect while performing inspections and submitting certificates.
(1)
Such insurance shall meet the following minimum requirements:
[Amended 9-10-1997 by L.L. No. 4-1997]
|
Type
|
Amount
| |
|---|---|---|
|
Workers' compensation and employees' liability
|
$500,000
| |
|
General liability
|
$500,000
| |
|
Excess liability
|
$2,000,000
| |
|
Automobile liability
|
$500,000
|
(2)
If any of the above insurance policies are canceled,
the electrical inspection agency and/or the insurance carrier must submit
to the Town of Rush a ten-day notice of cancellation, prior to the cancellation
date. Failure to comply with this requirement will be considered sufficient
reason for cancellation and/or suspension of agency jurisdiction.
C.
It shall furnish the Town of Rush with proof of financial
responsibility and organizational continuity, approval of which lies solely
within the discretion of the Town of Rush.
D.
It shall furnish the Code Enforcement Officer with an
affirmation by the agency, company or organization and each individual inspector
that it, he or she presently does not and will not engage in or have any interest,
direct or indirect, with any wholesaler or retailer of electrical equipment
which transacts any business in the State of New York and that the individual
inspector will not engage in the work of an electrician anywhere within the
State of New York, except that an inspector may do electrical work on his
own personal residence situate in the Town of Rush. However, if an inspector
does electrical work on his own personal residence for which a permit is required
pursuant to this chapter, such electrical work shall be inspected by another
authorized person who is qualified to conduct inspections in the Town of Rush.
E.
It must maintain an office in the Monroe County service
area staffed to receive telephone calls during normal business days for a
minimum of six hours per day.
A.
Any agency, company or organization seeking acceptance
to provide electrical inspection services within the Town of Rush shall submit
documentation certifying the aforementioned requirements to the Code Enforcement
Officer of the Town of Rush. Acceptance or denial in writing from the Code
Enforcement Officer will be provided to the applying electrical inspection
agency upon approval of the documentation of qualifications and compliance
with standards and will be filed with the Town Clerk and be available for
public inspection.
B.
The Code Enforcement Officer shall annually review the
qualifications of each inspection agency, company or organization.
Any change in the above qualifications or change in the status of the
business of any agency will be reported to the Code Enforcement Officer within
30 days thereof in writing signed by the authorized agency, company or organization.
If at any time, any person, including an official or employee of the
Town of Rush, deems that an individual inspector or agency is incompetent,
guilty of misconduct, or unqualified, such person shall file his complaint
in writing with the Town Clerk and the Code Enforcement Officer. The Town
Board shall hear or designate a hearing officer to conduct a hearing within
30 days after the filing of the complaint, at which time the complainant and
the accused agency and/or inspector shall be present and present testimony
and witnesses on their behalf. If a hearing officer is designated, he shall
forward his recommendation and the basis thereof to the Town Board after conducting
said hearing. Within 30 days after receipt thereof or after said hearing,
whichever is later, the Town Board shall, by majority vote, determine whether
to revoke or suspend the agency's or inspector's authority or take no action
on the complaint. Such determination shall be made in writing, and filed with
the Town Clerk and the Code Enforcement Officer within 15 days thereafter.
If any member of the Town Board shall be the complainant, such complainant
shall not be entitled to vote upon such complaint.
This chapter shall not be construed to relieve from or lessen the responsibility
of any agency or person owning, operating, controlling or installing any electrical
wiring devices, or equipment for loss of life, or damage to person or property
caused by any defect therein, nor shall the Town of Rush or its employees
or officers be deemed to have assumed any such liability by reason of any
inspection made pursuant to this chapter.
It shall be the duty of the inspector to report in writing to the Code
Enforcement Officer, whose duty it shall be to enforce all provisions of the
State Uniform Fire Prevention and Building Code, all violations or deviations
from or omissions of the electrical provisions of the code applicable to the
Town of Rush and of all local laws, ordinances and the code as referred to
in this chapter insofar as any of the same apply to electrical wiring. The
inspector shall make inspections and reinspections of electrical installations
in and on properties in the Town of Rush or as herein provided. The inspector
is authorized to make inspections and reinspections of electrical wiring,
installations, devices, appliances and equipment, in or on properties within
the Town of Rush where he deems it necessary for the protection of life and
property. In the event of any emergency it is the duty of the inspector to
make electrical inspections upon the oral requests of any official or officer
of the Town of Rush.
Any agency, company or organization which has been authorized to perform
electrical inspections in the Town of Rush must continually operate in accordance
with the following standards:
A.
It shall not solicit any person or entity or require
as a condition of inspection any waiver or responsibility for an error, omission,
or recommendation made by its inspectors, or for any other action of its inspectors.
B.
It shall not compete with any other agency in any manner
which would cause it to reduce the quality of its inspections. It shall not
knowingly accept any application at any given location from any applicant
who has received a notice of violation from another agency. It shall make
such inquiry on its standard application form.
C.
It shall maintain a file of current inspection charges
with the Town of Rush. Established charges shall be applied uniformly and
shall not be discounted.
D.
Inspections and reports shall be made only by qualified
electrical inspectors.
E.
It shall have a minimum of two employees in the Monroe
County area.
F.
It shall insure that the inspectors it employs have adequate
experience, education and training, including the following:
(1)
A working knowledge of the principles of electricity
necessary to interpret the National Electrical Codes, New York State Codes
and the Town of Rush Codes.
(2)
A working knowledge of the requirements of the National
Electrical Codes, New York State Codes and other applicable requirements.
(3)
A working knowledge of the construction practices of
the electrical wiring trade.
G.
It must maintain adequate records so that it can provide
the Town of Rush, its customers and municipal officials with records of inspection
when requested. Such records shall be maintained for a minimum of six years.
H.
It, its employees and agents shall comply with all federal,
state and local laws, ordinances, rules and regulations pertaining to all
electrical inspections.
I.
It shall establish a system to receive applications and
issue inspection reports in accordance with the following:
(1)
It shall provide an application form which shall include
a copy for the Code Enforcement Officer and the applicant/customer.
(2)
It shall issue a certificate to the Town of Rush giving
notice that an inspection of the electrical service entrance has been made
and it is safe to energize the service. The certificate shall be issued in
a timely manner to insure that customers are not subjected to undue delay
in receiving electric service.
(3)
In subsequent progressive inspections of the wiring system,
it shall establish a procedure for prompt notification of any noncompliance.
This notice shall be served on the Code Enforcement Officer and the applicant/customer.
(4)
Upon a finding of compliance, it shall issue a certificate
of final compliance and shall provide a copy of the certificate to the Code
Enforcement Officer and the applicant/customer.
J.
When requested by the Town of Rush, it will perform reinspection
of an existing dwelling and submit a formal report to the Code Enforcement
Officer and customer in letter form.
[Amended 9-10-1997 by L.L. No. 4-1997[1]]
It shall be a violation of this chapter for any person, firm or corporation
to conduct or cause to conduct electrical inspections if not in compliance
with the terms and conditions of this chapter. A person found guilty of any
violation will be subject to a fine not to exceed $250 or imprisonment for
not more than 15 days, or both, for each time a violation occurs.
