[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:
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]
For a commercial building, one of the following categories:
[Added 7-20-2004, effective 8-2-2004]
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.
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.
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.
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]
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.
