Town of East Bloomfield, NY
Ontario County
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[HISTORY: Adopted by the Town Board of the Town of East Bloomfield 9-29-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 63.
All electrical installations or alterations within the Town of East Bloomfield shall be made in conformity with the National Electrical Code, except when the provisions of this chapter, the New York State Uniform Fire Prevention and Building Code[1] or any ordinance or regulation of the Town of East Bloomfield shall have more stringent requirements that shall be recognized as compliance with this chapter. The requirements of the National Electrical Code shall be those known as the "National Fire Protection Association, Pamphlet No. 70-1996" as approved and adopted by the American Standards Association and as may be modified or amended by said Association in the future.
Editor's Note: See Ch. 63, Building Construction and Fire Prevention.
No electrical inspection agency shall make electrical inspections in the Town of East Bloomfield unless licensed to do so by the Town Board of the Town of East Bloomfield.
Application for an electrical inspection license shall be made to the Town Board on application forms prescribed by the Town Board.
An applicant shall certify as part of its application that it accepts and will comply with all the standards and criteria for electrical inspection agencies and all other requirements of this chapter.
A license issued hereunder shall expire on the 31st day of December in the year issued.
The agency shall be authorized to conduct business within the State of New York.
The agency shall maintain an office in the Western New York service area, staffed to receive telephone calls during normal business days for a minimum of six hours per day.
The agency, its employees and workmen shall comply with all federal, state and local laws, ordinances, rules and regulations pertaining to any electrical inspection.
The agency shall maintain adequate records so that it can provide the Town of East Bloomfield or the officials of the town and its customer with records of inspection when requested to do so. Such records will be maintained for a minimum of six years.
The agency 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 an application from any applicant who has received notice of violation(s) from another agency. The agency shall make appropriate inquiry on its standard application forms.
The agency shall maintain and furnish the Code Enforcement Officer with a list of current inspection charges which shall be applied uniformly.
The agency shall certify and demonstrate to the satisfaction of the Town Board that it has personnel with qualifications comparable to those of an individual who has met the requirements of Part 434 of Title 19 of the New York Codes, Rules and Regulations (NYCRR) as those requirements pertain to electrical inspections, and with adequate experience, education and training to meet the following qualifications:
A working knowledge of the principles of electricity necessary to interpret the National Electrical Code and applicable codes of the State of New York and the Town of East Bloomfield and knowledge and understanding of the requirements of such codes.
Familiarity with the construction practices of the electrical wiring trade.
Inspections and reports shall be made only by such qualified personnel.
The agency and each inspector of said agency shall not have any interest, direct or indirect, in any wholesaler or retailer of electrical equipment in the State of New York and shall not engage in the work of an electrician anywhere within the County of Ontario, except that an inspector may do electrical work on his or her own property located within the Town of East Bloomfield. However, if an inspector does perform such electrical work, any required inspections under this code shall be performed by another agency licensed to make inspections in the Town of East Bloomfield.
No applicant for an electrical inspection license will be approved for a license unless the applicant agency has in force and will continue to maintain during the license period the following minimum insurance:
Workmen's compensation and employees liability: statutory.
General liability: $500,000 minimum.
Excess liability: $5,000,000 minimum.
Automobile liability: $500,000 minimum.
Certificates of insurance shall be furnished with each application for an electrical inspection license.
The Town of East Bloomfield shall be named as an additional insured on the Agency's general and excess liability insurance policy, insuring the Town of East Bloomfield against any liability arising out of electrical inspections made in the Town of East Bloomfield.
Any electrical inspection license shall immediately expire upon violation of any of the minimum insurance requirements hereunder.
In the event of a cancellation of any of the above insurance policies, the licensee and/or the insurance carrier must submit to the Town of East Bloomfield notice of cancellation no fewer than 10 days prior to the cancellation date. Failure to comply with this requirement will be sufficient reason for cancellation or suspension of any license issued hereunder.
Upon determination that the electrical service meets code requirements for energizing, the agency shall promptly certify same in writing to the Code Enforcement Officer.
Upon determination that all electrical work is completed and in compliance with the code requirements, the agency shall promptly certify same to the Code Enforcement Officer in a written final inspection report.
Upon determination of any noncompliance with the code requirements, the agency shall provide prompt written notice to the customer and Code Enforcement Officer.
When subsequent progressive inspections are required, the agency shall promptly issue a written certification of compliance and/or notice of noncompliance, as the case may be, to the Code Enforcement Officer.
Failure by an inspection agency to comply with the inspection report provisions or any other provisions herein shall be grounds for revocation or suspension, at the sole discretion of the Town Board, of any license granted hereunder. Revocation or suspension may be imposed upon recommendation of the Code Enforcement Officer but only after a hearing before the Town Board at which the inspection agency shall be given an opportunity to show cause against revocation or suspension. Such a hearing must be conducted if requested by the Code Enforcement Officer and may be conducted upon the Town Board's own motion.
The Town of East Bloomfield shall not be charged or otherwise responsible for costs associated with any inspections required by this chapter or otherwise required by the Town of East Bloomfield.
By the acceptance of an electrical inspection license by an agency, such agency shall, at its own expense, indemnify and hold harmless the Town of East Bloomfield, its officers, agents, servants and employees from all liability, judgments, costs, damages and expenses (including attorney's fees) arising out of any electrical inspection made by the agency in the Town of East Bloomfield.
The Code Enforcement Officer is authorized to promulgate rules and regulations which are deemed necessary by the Code Enforcement Officer to administer the provisions of this chapter. Said rules and regulations shall not become effective prior to approval thereof by resolution of the Town Board.
The provisions of this chapter shall not apply to the electrical installation 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 chapter 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.
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring, devices, appliances or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Town of East Bloomfield be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.
If any part or provision of this chapter or the application thereof to any person or circumstance is 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 persons or circumstances.
Any person violating the provisions of this chapter will be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day's continuation of the offense shall be considered a separate offense.
Notwithstanding anything to the contrary in this chapter or Chapter 63, prior authority to perform electrical inspections in the Town of East Bloomfield may be continued for a period of 90 days following the effective date of this chapter. Thereafter, only those inspection agencies that are duly licensed pursuant to this chapter shall perform electrical inspections in the Town of East Bloomfield.
This chapter shall take effect immediately upon its filing with the Secretary of State pursuant to Section 27 of the Municipal Home Rule Law.