[HISTORY: Adopted by Common Council of City of North Tonawanda as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
Article II Licensing of Electricians
This article shall be known as the "Electrical Code of the City of North Tonawanda, New York."
Since there is danger to life and property inherent in the use of electrical energy, this electrical ordinance is enacted to regulate the installation, alteration or repair of wiring for electrical light, heat or power and signal systems operating on 50 volts or more in or on all real property within the City of North Tonawanda.
All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electrical Code, except where the provisions of this article or any other local law, ordinance or Building Code of the City of North Tonawanda shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or Building Code shall be recognized as proper compliance with this article. The requirements of the National Electrical Code shall be those known as National Fire Protection Association Pamphlet No. 70 as approved, adopted and amended by the American Standards Association.
Editor's Note: The New York State Building Code was adopted by resolution of the Common Council on 6-2-1958.
The Chief Inspector and each of the duly appointed inspectors of the City of North Tonawanda are hereby authorized to make inspections and reinspections of all electrical installations heretofore and hereafter described and to approve or disapprove the same. In no event, however, will the cost or expense of such inspection and reinspections be a charge against the City of North Tonawanda.
It shall be the duty of the Inspector to report, in writing, to the Building Inspector, whose duty it shall be to enforce all the provisions of this code, all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code and of all local laws, ordinances and the Building Code as referred to in this article 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 City of North Tonawanda upon the written request of an authorized official of the City of North Tonawanda or as herein provided. The Inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in and on properties within the City of North Tonawanda where he deems it necessary for the protection of life and property. In the event of an emergency it is the duty of the Inspector to make electrical inspections upon the oral request of an official or officer of the City of North Tonawanda. It shall be the duty of the Inspector to furnish written reports to the proper officials of the City of North Tonawanda and owners and/or lessees of property where defective installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations are in conformity with this article. He shall direct that a copy of the certificate of compliance be sent to the City of North Tonawanda, to the attention of the Building Inspector.
It shall be a violation of this article for any persons, firm or corporation to install or cause to be installed or to alter or repair electrical wiring for light, heat or power in or on properties in the City of North Tonawanda until an application for inspection has been filed with the Building Inspector. It shall be a violation of this article for a person or firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to the issuance of a temporary certificate or a certificate of compliance by the Building Department.
Any person, firm or corporation who shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation, which for the purposes of this article shall be designated as an offense, and shall be assessed a fee of not more than $100, and each day on which such violation continues shall constitute a separate offense.
The provisions of this article shall not apply to the electrical installations in mines, ships, railway cars, automotive equipment or the installations or equipment employed by a railway, electrical or communication utility in the exercise of its function as a utility and located outdoors or in buildings used exclusively for that purpose. This article shall not apply 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 their principal business. It shall not apply to any building which is owned or leased in its entirety by the government of the United States or the State of New York or any manufacturer or industrial plants employing full-time electricians to do electrical work on their own property.
If any part or provision of this article 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 article or the application thereof to other persons or circumstances, and the Common Council of the City of North Tonawanda hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.
All ordinances and parts of ordinances inconsistent with this article are hereby repealed.
This article shall take effect seven days after publication.
This ordinance shall be known as the "Electrical Licensing Ordinance of the City of North Tonawanda, New York."
For the purpose of this article, the terms used herein are defined as follows:
- ELECTRICAL WORK
- The installation, maintenance, extension and alteration of wiring, fixtures, appliances and appurtenances in connection with all of the following: electrical distribution, wiring and protection, methods and materials, special occupancies, grounding, motors and controls, transformers, fire protection systems, optical fiber systems and communications systems, and any other type of installations as required by the National Electrical Code, as amended from time to time.
- MASTER ELECTRICIAN
- Any person, firm or corporation engaged in the business of installing, altering or repairing of electrical wiring, systems or equipment in the City of North Tonawanda.
It shall be unlawful for any person, firm or corporation to engage in, carry on or conduct or to hold himself or itself out as being able to engage in, carry on or conduct any business involving electrical work in the City of North Tonawanda, unless such business shall be conducted under a current electrician's license issued in accordance with the provisions hereof. A person, firm or corporation shall be deemed to be licensed if such person, firm or corporation is a license holder or if such person, firm or corporation is an employee or subcontractor of a licensed person, firm or corporation.
A licensee may hire employees to do electrical work or may subcontract such work, but in any event all electrical work must be done by or under the supervision of a master electrician.
Electrical work performed by a utility company in its normal function of supplying its particular service to the meter of any building, structure or premises may be performed without a license and need not be under the supervision of a master electrician.
A license is not required by the provisions of this section for persons executing the following classes of work:
Any electrical work performed in a single-family residence by the owner-occupant, which does not exceed 250 volts.
Any work done by persons employed by manufacturers or purveyors of electrical equipment in servicing their own products.
The connection or disconnection of portable plug-in appliances to permanently installed receptacles or the attachment or disconnection of input terminals of electrical appliances; the replacement of defective devices with directly interchangeable types, i.e., fuses, lamps, switches (when enclosing boxes are not disturbed), receptacles, sockets, motors, transformers, ballasts, relays, timers, heaters, circuit breakers or fuse holders that are part of a control-assembly and similar devices that generally do not disturb the fixed wiring system; any electrical work performed on portables themselves or within the internal assembly of appliances; all classes of normal adjustments to electrical devices; and the rewinding and repair of motors and similar devices.
Transmission lines controlled by the utility from the source of supply to the service connection on the premises where used or any electrical installation that occurs beyond the defined "service connection."
Public service companies authorized to generate or sell electricity.
Automotive, railway, aeronautical or marine equipment.
Such other highly specialized or restricted activities within which the Building Inspector may determine that the need does not exist for requiring licensure on the part of those performing electrical work on such operations, nor is the safety or welfare of the general public jeopardized by the lack of requiring licensure for such operations.
The Building Inspector shall issue an electrician's license to any qualified person, firm or corporation upon presentation of a duly completed and executed application, payment of the fee as required herein and filing of the certificate of insurance as required herein. The information required in the application shall be determined by the Building Inspector.
An applicant for an electrician's license shall be deemed qualified as follows:
If a person, such person or at least one full-time employee of that person must hold a master electrician certificate.
If a firm, in the case of a partnership, at least one active partner or full-time employee thereof holds a master electrician certificate or, in the case of a sole proprietorship, the owner or at least one full-time employee holds a master electrician certificate.
If a corporation, such corporation has at least one full-time employee holding a master electrician certificate.
An application for an electrician's license shall be duly completed when the following requirements are met:
A qualified person states his name and address, the name and address of his business establishment and the name and address of the master electrician in his employ.
A qualified firm or corporation states the name and address of the business establishment and the names and addresses of its partners in the case of a partnership, its owner's name and address in the case of a sole proprietorship or the names and addresses of its officers and directors in the case of a corporation; in addition, such firm, corporation, partnership or sole proprietorship shall also disclose the name and address of the master electrician in its employ.
Such qualified person, firm or corporation shall complete and execute an application for an electrician's license in such form as may be prescribed and amended from time to time by the Building Inspector and furnish such information as the Building Inspector.
All required fees shall be paid by the applicant when filing an application for a license or for a change in type or status or when renewing a license. All fees shall be paid to the Building Department. The required fee shall be $125 per year.
The licensee shall file with the Building Inspector a policy or certificate of insurance evidencing coverage for the licensee's operations and naming the City of North Tonawanda, New York, as an additional insured in the amount of $1,000,000.
Such license shall be valid January 1 to December 31 in each year. The licensee may renew the license by submitting to the Building Inspector, within 30 days preceding expiration of the license, such documentation and information as the Building Inspector may require, paying the required fee and furnishing the certificate of insurance required by this article.
Restriction on use of license.
Except as herein provided, no licensed person, firm or corporation duly licensed pursuant to this article shall allow his name to be used by any other person, firm or corporation.
A license is not transferable or assignable to any successor in the business or to any person whosoever under any circumstances.
Within seven days of the change, any licensed person, firm or corporation, as applicable, shall notify the Building Inspector, in writing, of the following:
During any license year, it shall be the obligation of every licensed person, firm or corporation to be in continuous compliance with the qualifications and requirements needed to obtain an electrician's license, and in the event of a failure to do so, the license issued shall become null and void and the licensee shall immediately surrender such license to the Building Inspector.
A master electrician shall be a natural person who holds a master electrician certificate issued pursuant to this article.
A master electrician certificate shall be issued by the Building Inspector if a person has qualified for and passed an examination as hereinafter required.
Such examination shall be prepared and reviewed by an approved third-party examiner. It shall consist of a written exam which will fairly test the qualifications and knowledge of the applicant. In order to qualify to receive an application to take such examination, a person must:
Satisfactorily demonstrate to the Building Inspector that he has worked under the supervision of a licensed master electrician for a period of 10,000 hours, performing the following: the installation, maintenance, extension and alteration of wiring, fixtures, appliances and appurtenances in connection with all of the following: electrical distribution, wiring and protection, methods and materials, special occupancies, grounding, motors and controllers, transformers, fire protection systems, optical fiber systems, communications systems and any other type of installation as required by the National Electrical Code, as amended from time to time.
Have paid a fee of $125.
Satisfactorily demonstrate to the Examining Board of Electricians that the applicant is of good moral character.
It shall be unlawful for any person to hold himself out as a master electrician unless he is the holder of a valid master electrician certificate.
Waiver of examination.
The Building Inspector is empowered to waive the examination requirement for any person who currently holds a valid master electrician's license certificate issued by a city, town or village which has a comprehensive competency examination requirement for the issuance of a master electrician's license.
Such person must comply with all of the requirements associated with this article.
In the event that the Building Inspector waives the requirement for an examination as provided herein, the person receiving such waiver shall pay a fee of S125 in order to receive his master electrician's certificate.
All licenses shall expire each year on the 31st day of December.
Each license issued shall be posted in a conspicuous place on the contracting establishment.
Any license which has not been suspended or revoked may, upon the payment of a fee prescribed by this article, be renewed for additional period of one year from its expiration upon the filing of an application for renewal on a form to be prescribed by the Building Inspector upon payment of the fee prescribed therefor by this article.
A duplicate contractor's license may be issued for a lost, destroyed or mutilated license upon application therefor to the Building Inspector and upon payment of a license replacement fee of S100.
No license shall be assignable or transferable.
A renewal license for a master electrician or residential electrician shall be issued by the Building Department each year to any person, firm or corporation holding the same license at the expiration of the preceding year, without examination, upon payment of the license fee provided for such license.
The application for renewal of a license shall take the form or forms prescribed by the Building Department. The applicant shall make application for renewal of a license in the office of the Building Inspector no later than January 31. The applicant shall specifically state the type of license for which renewal application is made. The applicant shall pay a total license fee for renewal at the time application for renewal is made.
All licenses are renewable for a twelve-month period. Any person holding a valid license will not be subject to a formal examination to obtain renewal of a license, provided that a renewal application is submitted and all required fees are paid by January 31. Late renewal applications (submitted February 1 to February 28/29) may also be made without examination upon payment of an additional late renewal fee. Failure to renew a license by the February 28/29 expiration date will result in automatic revocation of the license. In the event of a disability or serious illness of the licensee, the Building Inspector may, in its discretion, extend the renewal date without penalty up to one year beyond the February 28/29 expiration date.
Licenses which have been suspended or revoked may be renewed with or without examination in accordance with the rules and regulations of the Building Inspector. In the event that a license is suspended during the time required for its renewal, the applicant shall apply for renewal on the regular prescribed forms but will be required to pay the additional fee as hereinafter prescribed and be subject to reinstatement at a date different than the normal renewal date. In the event that a license has been revoked, a new application for a license may be made by the applicant. No portion of previous fees paid are redeemable because of lost time during the suspension or revocation of a license.
No individual shall falsely represent himself or herself as a master electrician or employing electrician by the use of the words "master electrician," "special electrician," "licensed electrical contractor" or words of similar import or meaning on signs, cards, stationery, telephone directories or in any other manner whatsoever.
Violations of this article may also be enforced pursuant to § 28A-10 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
If a person, firm or corporation does not renew, then later wishes to do business inside of the City of North Tonawanda, they will owe the fee for every prior year that they were not licensed.
If any section, subsection, sentence, clause, phrase or portion of this article is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
All ordinances and parts of ordinances inconsistent with this article are hereby repealed.
This ordinance shall take effect January 1, 2018.