[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.]
GENERAL REFERENCES
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.
A.
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.
B.
Application for an electrical inspection license shall
be made to the Town Board on application forms prescribed by the Town Board.
C.
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.
D.
A license issued hereunder shall expire on the 31st day
of December in the year issued.
A.
The agency shall be authorized to conduct business within
the State of New York.
B.
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.
C.
The agency, its employees and workmen shall comply with
all federal, state and local laws, ordinances, rules and regulations pertaining
to any electrical inspection.
D.
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.
E.
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.
F.
The agency shall maintain and furnish the Code Enforcement
Officer with a list of current inspection charges which shall be applied uniformly.
G.
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:
(1)
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.
(2)
Familiarity with the construction practices of the electrical
wiring trade.
|
Inspections and reports shall be made only by such qualified personnel.
|
H.
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.
I.
Insurance.
(1)
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:
(2)
Certificates of insurance shall be furnished with each
application for an electrical inspection license.
(3)
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.
(4)
Any electrical inspection license shall immediately expire
upon violation of any of the minimum insurance requirements hereunder.
(5)
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.
A.
Upon determination that the electrical service meets
code requirements for energizing, the agency shall promptly certify same in
writing to the Code Enforcement Officer.
B.
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.
C.
Upon determination of any noncompliance with the code
requirements, the agency shall provide prompt written notice to the customer
and Code Enforcement Officer.
D.
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.
A.
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.
B.
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.
