[HISTORY: Adopted by the Town Board of the Town of Rush 4-22-1986 by L.L. No. 2-1986. Amendments noted where applicable.]
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:
It must be authorized by the State of New York to conduct business within the boundaries of New York State.
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.
Such insurance shall meet the following minimum requirements:
[Amended 9-10-1997 by L.L. No. 4-1997]
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.
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.
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.
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.
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.
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:
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.
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.
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.
Inspections and reports shall be made only by qualified electrical inspectors.
It shall have a minimum of two employees in the Monroe County area.
It shall insure that the inspectors it employs have adequate experience, education and training, including the following:
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.
A working knowledge of the requirements of the National Electrical Codes, New York State Codes and other applicable requirements.
A working knowledge of the construction practices of the electrical wiring trade.
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.
It, its employees and agents shall comply with all federal, state and local laws, ordinances, rules and regulations pertaining to all electrical inspections.
It shall establish a system to receive applications and issue inspection reports in accordance with the following:
It shall provide an application form which shall include a copy for the Code Enforcement Officer and the applicant/customer.
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.
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.
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.
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]
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.