[Derived from Art. XX of Ch. V of the Charter and Ordinances, 1974]
As used in this article, the following terms shall have the meanings indicated:
FACTORY-CERTIFIED SERVICE TECHNICIAN
A person employed by a factory or plant which manufactures equipment, devices, fixtures, components, assemblies, controls, and other similar parts for the electrical, elevators, fuel devices or plumbing trades, who has the working knowledge of the trade manufactured for and of the equipment, etc., manufactured by such factory, and has been trained and certified by such manufacturer as being knowledgeable and capable of installing and servicing the equipment and components, etc. in the field wherever it is installed.
[Added 7-20-2004, effective 8-2-2004]
MAINTENANCE PERSONNEL
For a commercial building, one of the following categories:
[Added 7-20-2004, effective 8-2-2004]
A. 
The individual property owner (or owners), who is capable and has a working knowledge of repairs and replacements in-kind in the fields of work called for in properly maintaining his/her building and site.
B. 
Any employee(s) in the direct employ of the owner(s), not as a contractor or subcontractor, but as an actual employee, whose job it is to maintain the property and who is capable and has a working knowledge of repairs and replacements in-kind in the fields of work called for in properly maintaining the building and site that he/she has been employed by the owner to maintain.
MASTER ELECTRICIANS
Includes any and all persons, copartnerships, associations and corporations engaged in or holding themselves out as engaged in the business of electrical contracting or construction, installing, erecting, altering and repairing or contracting to install, erect, alter or repair any electric wires or other conductors used or to be used for the transmission of electric current for electric light, heat or power purposes, moldings, ducts, raceways, conduits or other appliances or devices for the reception or protection of such wires or conductors or any electrical machine, machinery, apparatus, device, medium or factor used or to be used for electric light, heat or power purposes, excepting persons, copartnerships, associations and corporations regularly employing electricians for the maintenance, repair, alterations and extensions of the electric wires, conductors, electrical machinery, apparatus or appliances on their own property, and also excepting electric corporations as defined in the Transportation Corporations Law of this state and their employees engaged in performing such work in the conduct of the business of such corporations.
PERSON
Includes a copartnership, association and corporation.
A. 
No person shall engage in or conduct the business of a master electrician in the City of Buffalo until such person shall apply for and obtain a license to engage in such business as herein provided.
B. 
Any violation of this section shall be deemed to be the commission of an unclassified misdemeanor and shall be punishable by a fine or penalty of not more than $1,000 or by imprisonment for not more than 60 days, or by both such fine and imprisonment, for each such offense.
A. 
The Council, upon nomination by the Mayor, shall appoint an Examining Board of Electricians of five members to examine and determine the qualifications and fitness of applicants for such licenses and other purposes as herein provided. The members of such Board shall be electricians of at least five years' practical experience. At least three out of the five Board members shall be City residents. Such proportion shall be maintained, with any variation thereof requiring the approval of the Mayor and the Common Council.
[Amended 7-20-2004, effective 8-2-2004]
B. 
The members constituting such Board first appointed hereunder shall hold office as nominated by the Mayor and appointed by the Common Council, and shall hold a term of office not to exceed three years from the date of appointment.
[Amended 7-20-2004, effective 8-2-2004]
C. 
Vacancies occurring by the expiration of a term shall be filled by the Council upon nomination by the Mayor, and the members appointed to fill such vacancies shall hold office for the term of three years each. Vacancies occurring otherwise than by reason of the expiration of a term shall be filled by the Council upon nomination by the Mayor for the unexpired term.
A. 
The Board shall meet and organize within 10 days after the appointment of its members and, at such meeting, shall elect one of its members Chairman and one Secretary of the Board to serve during the term to be fixed by the rules and regulations to be adopted by the Board and shall certify such determination to the City Clerk in writing, signed by each member.
B. 
The Board shall meet regularly once in each month at a time and place to be fixed by it and at such other times as it may deem necessary for the consideration of applications for licenses and for the transaction of such other business as properly may come before it. Special meetings shall be called as in the rules and regulations provided.
A. 
The Board shall adopt an order of procedure, rules and regulations, not inconsistent with this article, for the receiving of applications for licenses, the investigation and examination of applicants, the conduct of meetings and business of the Board, fixing the term of office and prescribing the duties of its Chairman and Secretary and other matters incidental to the powers and duties of the Board as herein provided and shall have power to change and amend such order of procedure, rules and regulations by majority vote of the whole Board at any time, at any regular or special meeting, after giving all the members 30 days' written notice of the proposed change or amendment.
B. 
The Board shall file a copy of its order of procedure, rules and regulations and of any changes or amendments thereof, certified by the Secretary, with the City Clerk forthwith upon the adoption of the same, which at all reasonable times shall be open to public inspection.
[Amended 12-9-2003, effective 12-19-2003]
The Board shall investigate and examine as to the qualifications and fitness of each applicant for a license hereunder, all charges preferred against any person holding a license granted hereunder and as to the fitness to continue to hold a license granted hereunder of any person against whom such charges shall have been preferred. Within five days after the completion of any such investigation or examination, the Board shall report to the Commissioner of Permit and Inspection Services, in writing, signed by the Chairman and Secretary, its findings and recommendations in each case.
Applicants for licenses and persons desiring to prefer charges against any holder of a license granted hereunder shall conform to and comply with all rules and regulations of the Board respecting the application for licenses and the preferring and hearing of such charges and shall present themselves for investigation and examination or for a hearing or trial of such charges at such time and place as the Board shall fix.
No such license shall be granted to any person unless he shall prove to the satisfaction of the Board that he has an established place for the regular transaction of business; is a competent electrician and qualified to do electrical contracting, construction and installation work and electrical wiring; and has a working knowledge of electricity and the natural laws and functions of electricity and of appliances, apparatus and devices for electric light, heat and power purposes used and required in such work, combined with a practical working knowledge of the City ordinances relating to electrical work and the National Electric Code requirements.
On at least an annual basis, the Board shall administer an examination for all applicants for such licenses, unless the Common Council authorizes a longer period between examinations.
[Amended 5-22-1995, effective 6-2-1995; 12-9-2003, effective 12-19-2003]
Upon determining the qualifications and fitness of any applicant to receive such license, the Board shall recommend, in writing, to the Commissioner of Permit and Inspection Services that, upon payment of the fees as herein provided, a license be issued to such applicant to engage in such business. Such license shall be valid and operative until and including the 31st day of December. Thereafter, such license shall expire every two years on the expiration date.
[Amended 12-9-2003, effective 12-19-2003]
Upon the written recommendation of the Board filed with the Commissioner of Permit and Inspection Services, he forthwith shall issue to such applicant a license hereunder authorizing the holder thereof to engage in the business of master electrician within the City of Buffalo and shall register his name, alphabetically, business address number and date of license in a book to be kept in his office for that purpose.
A. 
Upon making application for a license, the applicant shall deposit with the Commissioner of Permit and Inspection Services the sum as provided in Chapter 175, Fees, and file with the Board a receipt of the Commissioner of Permit and Inspection Services showing that such sum has been so deposited. If, thereafter, upon recommendation of the Board, a license shall be issued to such applicant, he shall pay to the Commissioner of Permit and Inspection Services a further sum which, with the initial deposit as provided in Chapter 175, Fees, shall be equivalent to or at the rate as provided in Chapter 175, Fees, for the year. The minimum fee shall be as provided in Chapter 175, and the sum to be paid in excess of said minimum fee shall be in proportion to the term of such license, computing the time from the date of granting the same to the 31st day of December next ensuing.
[Amended 12-9-2003, effective 12-19-2003]
B. 
Should such license be denied, the minimum fee portion of the initial deposit deposited with the Commissioner of Permit and Inspection Services by the applicant shall be returned to him.
[Amended 12-9-2003, effective 12-19-2003]
C. 
The biennial renewal fee for all licenses after the first, issued to the same person, shall be as provided in Chapter 175, Fees.
A. 
No individual, partnership or corporation shall lend, rent or in any manner transfer or assign his or its license name and/or license number to any other individual, partnership or corporation; nor shall any individual, partnership or corporation make use of a license name or license number which is not actually his or its own. Every such license may, after due notice to the holder thereof and opportunity to be heard, be suspended or revoked by the Commissioner of Permit and Inspection Services upon recommendation of the Board for failure or refusal of the licensee to comply with the City Code and National Electrical Code requirements or for other cause deemed sufficient by the Board.
[Amended 12-9-2003, effective 12-19-2003]
B. 
No individual, partnership or corporation shall falsely represent himself or themselves as a master or employing electrician by the use of the words "master electrician" or "electrical contractor" or words of a similar import or meaning on signs, cards, stationery or in any other manner whatsoever.
Any person having secured such license as herein provided, unless such license shall have been revoked or suspended upon recommendation of the Board, shall be granted a renewal of such license without further examination, provided that application for such renewal is made to the Board within 30 days preceding its expiration and by such holder, within such 30 days, paying the renewal fee as hereinbefore prescribed. Such renewal shall be for the period of two years from January 1 next ensuing, and repeated renewals for two years shall be granted in like manner and upon like application and conditions.