[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 12-27-1995 by L.L. No. 5-1995.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 82, Electrical Inspections, adopted 11-28-1973, as amended.
This chapter will be known as the "Electrical
Code of the Town of Wawayanda."
The purpose of the chapter is to regulate the
manner in which electrical wiring is installed for light, heat, power
and signal systems operating on 120 or more volts in or on all real
property within the Town of Wawayanda.
All electrical installations pursuant to the
chapter shall be made in conformity with the requirements of the New
York State Fire Prevention and Building Code (NYSFPBC) and the National
Electrical Code (NEC), as amended from time to time and as adopted
by the National Fire Prevention Association. In the event of any conflict
between the NYSFPBC and the NEC, the provisions of the NEC shall govern
and shall be deemed in compliance with this chapter.
A.Â
Any person or legal entity may apply to the Town Board
for permission to conduct electrical inspections. This application
shall be in writing on forms prescribed by the Town Board by resolution
and shall be accompanied by a nonrefundable fee of $150, together
with an insurance certificate showing statutory workers' compensation
coverage and automobile and public liability coverage for property
damage and personal injury, including wrongful death, naming the Town
of Wawayanda as additionally insured, in an amount not less than $2,000,000.
B.Â
The application shall be submitted to the Building
Inspector who shall review the same and who shall make an investigation
as the qualifications of the applicant. Within 30 days after the submission
of the completed applications, the Building Inspector shall deliver
copies of the complete application to the Town Board with a recommendation
for approval or disapproval. Within 30 days after receipt of the application
and recommendation, the Town Board shall approve the application.
Failure to act within said period shall be deemed an approval of the
application.
C.Â
Upon approval, the Building Inspector shall issue
a letter of certification addressed to the applicant that the Town
Board of the Town of Wawayanda has found the applicant to be a qualified
electrical inspector. Such certification shall remain in full force
and effect until rescinded for cause pursuant to a hearing held on
not less than 10 days' written notice to the inspector. Notice may
be delivered personally or by regular and certified mail. Upon delivery
of such notice or upon the mailing of the same, certification shall
be suspended pending a determination.
D.Â
In the event that an applicant is not approved, the
Town Board may grant the applicant an opportunity to be heard on the
merits of the application at a regular or special meeting of the Town
Board to be held within 60 days after notice of disapproval is made
to the applicant.
E.Â
It shall be the duty of the Building Inspector to
maintain a current list of all qualified electrical inspectors for
the Town of Wawayanda, including their addresses, telephone numbers,
dates of approval by the Town Board and the dates of issuance of the
certification. The Building Inspector will be responsible for providing
a current list of all certified inspectors to the Town Clerk of the
Town of Wawayanda on an annual basis or upon certification or decertification
of an inspector.
A.Â
Electrical inspectors who are approved by certification may make inspections and reinspections of all electrical installations and configurations pursuant to § 82-2 of this chapter and may issue temporary and permanent certificates of compliance. A true copy of such certificate(s) shall be filed by the inspector with the Building Inspector within three days after issuance. Any such inspections shall be at the cost, expense and request of the property owner.
B.Â
It shall be the duty and responsibility of the electrical
inspector to report to the Building Inspector and to specify, in writing
and in reasonable detail, any violations of the NYSFPBC or the NEC.
C.Â
Electrical inspectors shall make inspections and reinspections
upon the written request of the Building Inspector or, in the event
of an emergency, upon the oral request of the Building Inspector or
any other Town official, including the Town Attorney.
This chapter shall not be construed to relieve or diminish the responsibility of any person owning, leasing, operating, controlling or installing any electrical installations or configurations pursuant to § 82-2 of this chapter for loss of life or injury or damage to any person or property caused by any defect or negligence therein, nor shall the Town or any of its agents, servants or employees be deemed to have assumed any such liability for any reason, including any inspection, reinspection or the issuance of any certificates pursuant to this chapter.
The provisions of this chapter shall not apply
to the electrical installations in mines, ships, railway cars, cable
television or automotive equipment or the installations or equipment
employed by a railway, electrical or communications utility or cable
television company in the exercise of its function as a utility or
cable television company and located outdoors or in buildings used
exclusively for that purpose. This chapter shall not apply to any
work involved in the manufacture, assembly, testing or repair of electrical
machinery, apparatus, materials and equipment by a person, firm or
corporation engaged in electrical manufacturing as its principal business.
It shall not apply to any building which owned or leased in its entirety
by the United States government or the State of New York.
Any person, firm or corporation who violates
any of the provisions of this chapter shall be guilty of the offense
of disorderly conduct and, upon conviction thereof, may be fined not
less than $250 nor more than $500. Each day of such violation shall
constitute a separate offense and shall be subject to separate fines.