A. 
Application for building permit, plumbing, and electrical permit.
[Amended 5-14-2024 by L.L. No. 5-2024]
(1) 
No person, firm or corporation shall commence erection, construction, removal, enlargement, alteration, renovation, improvement, demolition, conversion or installation therein of any building or structure or change in nature the occupancy of any building or structure without first obtaining an appropriate permit from the Inspector, except that no permit shall be required for the performance of repairs which are not structural in nature and do not entail plumbing, electrical, heating or venting.
(2) 
Application for a permit shall be made to the Inspector on forms available in the Building Inspection Department. Applicants shall provide information and documents as may be required at the discretion of the Inspector or required in accordance with his/her established policy and procedure or rules and regulations and as otherwise required by this code or other applicable codes and ordinances, rules or regulations of the Town.
(3) 
Application for a permit shall be made by the owner or lessee, or the agent of either, or by the architect, engineer or builder employed in connection with the proposed work.
(4) 
Each application for a building permit shall be accompanied by plans and specifications bearing the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the original seal of a licensed architect or a licensed professional engineer.
(5) 
In all cases where there is to be installation of new plumbing or alteration of existing plumbing, a plumbing permit must be obtained by a plumber licensed by the Town of Cheektowaga.
(6) 
Amendments to the application or to the plans and specifications may be filed at any time prior to completion of the work. Such amendments shall likewise be subject to the approval of the Inspector.
B. 
Issuance or denial of building permits.
(1) 
The Inspector shall review or cause to be reviewed all applications for permits, together with the plans, specifications and documents filed therewith. They shall approve or disapprove the application within 60 days from the date of submission of the application.
[Amended 5-14-2024 by L.L. No. 5-2024]
(2) 
Upon approval of the application and upon the receipt of any and all required fees therefor, the Inspector shall issue a permit to the applicant upon the form prescribed by the Inspector and shall affix his/her signature or cause his/her signature to be affixed thereto.
(3) 
Fees collected shall be as specified on the Permit Fee Schedule for building, plumbing, and electrical, as approved by Town Board resolution.
[Amended 5-14-2024 by L.L. No. 5-2024]
C. 
Performance of work under building permit or plumbing permit; conditions of permit.
(1) 
A building/plumbing permit shall be considered authorization to work, for a period of one year after the date of its issuance, in accordance with the application, plans and specifications as approved by the Inspector. For permits issued for demolition purposes, work shall commence within 45 days of the date of issuance. A project shall be deemed abandoned if the project is not started prior to the permit expiration date, except that the Inspector may postpone such expiration date not more than six months at his/her discretion, provided the postponement is requested within 30 days of the expiration date. In the event a permit expires 18 months after the date of issuance and the work has not been substantially completed, then the permit may be renewed, only once, by submission of a new application and a fee equal to the full current permit fees. This renewal permit may not be extended beyond the expiration date.
[Amended 5-14-2024 by L.L. No. 5-2024]
(2) 
It shall be unlawful to reduce or diminish the area of any lot or plot for which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in condition shall have been filed and approved; provided, however, that this shall not apply when the lot area is reduced by reason of a street opening or widening or other public improvement.
(3) 
The location of a new building or structure or an extension of an existing building or structure shown on an accepted and approved plot diagram or an approved amendment thereof shall be strictly adhered to.
(4) 
Permits, plans and surveys approved by the Inspector shall be available on the job site at all times during the progress of construction. Permits issued by the Inspector shall be displayed and affixed so as to be readily seen from adjacent thoroughfares during this period.
(5) 
Where a permit is required for the construction or erection of walls, ceilings or partitions or where such work is done in conjunction with other work requiring a permit, the Inspector shall be notified and permission shall be secured before installing insulation, lath, plaster, plasterboard or any other covering thereon.
(6) 
Three weeks prior to demolition of a building, or part thereof, the premises shall be baited for rodent control by a licensed exterminator.
D. 
Stop-work orders. Whenever the Inspector has reasonable grounds to believe that work on or in any building or structure is being prosecuted in violation of the provisions of the applicable building or plumbing laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he/she shall notify the owner of the property, or the owner's agent, or the person performing the work to suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of same by certified mail.
E. 
Revocation of permits. The Inspector shall have authority to revoke permits theretofore issued in the following instances:
(1) 
Where he/she finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specification on which the building permit was based;
(2) 
Where he/she finds that the permit was issued in error and should not have been issued in accordance with the applicable law;
(3) 
Where he/she finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications; or
(4) 
Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Inspector.
The Inspector, upon the showing of proper credentials and in the discharge of his/her duties, may enter upon any building, structure or premises at any reasonable hour in reference to inspections in connection with this chapter. The owner or tenant will have been deemed to have consented to such inspection.
A. 
No building which is to have a total floor area in excess of 10,000 square feet shall be constructed except under the supervision/observation of a professional engineer or architect licensed or registered in the State of New York.
B. 
No permit will be issued for the construction of a building which is to have a total floor area in excess of 10,000 square feet until an affidavit is filed with the Inspector certifying that the construction of such building will be supervised/observed by a professional engineer or architect licensed or registered in the State of New York. The affidavit shall be signed and sworn to by the engineer or architect who will supervise/observe the construction of such building and shall have his professional seal affixed. In the event that such engineer or architect shall, for any reason, discontinue his supervision of the building at any time prior to the completion, he shall immediately notify the Inspector of such fact, and thereupon the building permit issued for such construction shall be suspended and no further work shall be done thereunder until another such affidavit shall be filed with the Inspector certifying that supervision of the construction has been resumed by another or the same engineer or architect.
C. 
No certificate of occupancy will be issued for a building having a total floor area in excess of 10,000 square feet until a final certificate is filed with the Inspector by the engineer or architect who supervised construction that the building was in fact erected in conformity with the plans therefor filed with the Inspector.
In the event of the abandonment of any building project, it shall be the duty of the holder of the permit or the owner of the premises, his agent or duly authorized representative to backfill any open excavation up to the street or ground level; in case the construction of the building or structure has proceeded beyond the cellar excavation, all incomplete structures or openings shall be completely boarded up so as to prevent access to the building or structure, in order to limit and prevent danger to persons or property and possible fire hazards.
A. 
No building permit shall hereafter be issued for the construction of a building upon any property located within the boundaries of any existing sanitary sewer district or extension thereof, unless the highway adjoining the property upon which said structure is to be placed has the following improvements:
(1) 
A highway constructed and completed to comply with specifications of the Town Highway Superintendent and other regulations of the Town of Cheektowaga, New York.
(2) 
A lateral sanitary sewer in the highway, connected with the sanitary sewer system of the sanitary sewer district in which the property is located to comply with the rules and regulations of the New York State and/or the Erie County Health Department.
(3) 
A waterline in the highway or on private property constructed to conform to the rules and regulations of the Erie County Water Authority or satisfactory proof that a contract has been entered into with the Erie County Water Authority for such construction.
B. 
In the event that all of the aforementioned utilities are not installed at the time the application for a building permit is made, the Town Board may issue a permit, provided that the applicant for a permit furnishes the Town of Cheektowaga with a surety bond in an amount fixed by the Town Board, conditioned that the highway and the sanitary sewer serving such structure will be constructed within one year after the issuance of the building permit and that all other provisions of this chapter will be fully complied with.
C. 
All newly constructed buildings, additions and renovated buildings, even if unoccupied without tenants, shall have all exterior walls completed, including all exterior finishes, windows and doors.
A. 
Certificate of occupancy; requirements.
(1) 
No building hereafter erected, enlarged, extended or altered shall be used or occupied in whole or in part until a certificate of occupancy/compliance shall have been issued by the Inspector.
(2) 
No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Inspector.
(3) 
Before the issuance of a certificate of occupancy, there shall be filed with the Inspector a survey of the land and structures under the seal and signature of a land surveyor authorized to practice in the State of New York and any other documents that may be required by the Inspector.
(4) 
Before issuing a certificate of occupancy or compliance, the Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair or change the use or nature of occupancy, and he/she may conduct such inspections as he/she deems appropriate from time to time during and upon completion of the work for which a building permit or plumbing permit has been issued. There shall be maintained, in the Building Inspection Department, a record of all such examinations and inspections, together with a record of findings of violations of law.
(5) 
When after final inspection it is found that the proposed work has been completed in accordance with applicable code, ordinances, rules and regulations and also in accordance with the application, approved plans and specifications filed in connection with the issuance of a building permit or plumbing permit, the Inspector shall issue a certificate of occupancy/compliance upon the form provided by him/her.
(6) 
If it is found that the proposed work has not been properly completed, the Inspector shall not issue a certificate of occupancy/compliance and shall order the work completed in conformity with the building permit or plumbing permit and in conformity with the applicable code, ordinances, rules and regulations and the approved plans.
(7) 
The Inspector shall act to issue or deny a certificate of occupancy/compliance within 30 days after notification from the owner or contractor that all work has been completed and final inspections can be made.
(8) 
The certificate of occupancy/compliance shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable code, ordinance, rules and regulations and shall specify the use or uses and the extent thereof which the building or structure or its several parts may be put. Except as otherwise provided by law, a certificate of occupancy/compliance issued through error of fact or law shall not be valid.
B. 
Temporary certificate of occupancy. Upon request, the Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public health or welfare. The temporary certificate of occupancy shall remain in effect for the period of time stated in the condition, which period of time may be extended by the Inspector for good cause.
A. 
The Board of Plumbing and Drainage Examiners hereby established and hereafter called the "Board" shall consist of five members as follows: the Supervising Code Enforcement Officer, the Town Engineer and three persons who have actively engaged in the plumbing business for at least 10 years next preceding their membership on such Board. The last three members shall be appointed by the Supervisor by and with the consent of the other members of the Town Board and must be residents of the Town of Cheektowaga. The term of office of the last mentioned three members shall be two years.
B. 
Each member of the Board, except the Town Engineer and the Supervising Code Enforcement Officer, shall receive, as compensation as a Board member, an amount of $50 per meeting, totaling no more than $400 per year. The Town Engineer and the Supervising Code Enforcement Officer shall serve without compensation.
[Amended 4-11-2017 by L.L. No. 2-2017]
A. 
The Board shall make rules and regulations for the conduct of its business as an examining board.
B. 
The Board shall have jurisdiction over and examine each applicant for a license to determine his qualifications for a plumber's license under this code and to issue certificates of competency to all such persons who shall have satisfactorily passed the examination before such Board and shall be by it determined to be qualified for conducting the business of plumbing.
[Amended 6-15-2015 by L.L. No. 7-2015]
No person shall engage in or conduct a business of maintaining, installing or altering, repairing or contracting to install, alter or repair any plumbing in the Town of Cheektowaga until such person shall apply for and obtain a master plumber's license to engage in such business as herein provided.
[Amended 6-15-2015 by L.L. No. 7-2015]
A. 
Except for a homeowner, a master plumber or a sewer contractor, can obtain a permit for plumbing work in the Town of Cheektowaga. Any person desiring to take the examination for a master plumber's certificate of competency must be an American citizen and a journeyman plumber for a minimum of 8,000 hours as an employee of a licensed master plumber. He shall make a sworn application in writing, accompanied by a filing and examination fee as determined by the Town Board, not returnable, and by two photographs of the applicant, approximately 1 1/2 inches by 1 1/2 inches, taken within the past 30 days, to the Inspector, who, if said application is in good order, shall refer it to the Board. The Board shall thereupon arrange and conduct an examination as to the competency and qualifications of such applicant within 12 months of the date of said application. Any person who has successfully completed the New York State plumbers and pipefitters apprentice program shall be allowed to obtain a master's or journeyman's license through the Building and Plumbing Department without taking an exam. The applicant shall produce a copy of their certificate of completion from the New York State Department of Labor.
[Amended 4-11-2017 by L.L. No. 2-2017]
B. 
A certified journeyman may not obtain a permit for plumbing work in the Town of Cheektowaga but may work on a site without the presence of, but at all times must be under the guidance of, a master plumber. Any person desiring to take the examination for a journeyman's certificate of competency must be an American citizen and must have worked as an apprentice plumber for a minimum of 4,000 hours as an employee of a licensed master plumber. He shall make a sworn application in writing, accompanied by a filing and examination fee as determined by the Town Board, not returnable, and by two photographs of the applicant, approximately 1 1/2 inches by 1 1/2 inches, taken within the past 30 days, to the Inspector, who, if said application is in good order, shall refer it to the Board. The Board shall thereupon arrange and conduct an examination as to the competency and qualifications of such applicant within 12 months of the date of said application.
C. 
A certified sewer contractor may obtain a permit for sewer work (defined as work between the curb and the exterior of any structure, which includes any storm, hot boxes/RPZ, sanitary sewer and water service within five feet of the building) in the Town of Cheektowaga and may work on a site without the presence of a master plumber. Any person desiring to take the examination for a sewer contractor's certificate of competency must be an American citizen and must have worked as an apprentice plumber for a minimum of 4,000 hours as an employee of a licensed master plumber or a qualified sewer contractor, or must have operated a sewer contractor business for a minimum of 8,000 hours. He shall make a sworn application in writing, accompanied by a filing and examination fee as determined by the Town Board, not returnable, and by two photographs of the applicant, approximately 1 1/2 inches by 1 1/2 inches, taken within the past 30 days, to the Inspector, who, if said application is in good order, shall refer it to the Board. The Board shall thereupon arrange and conduct an examination as to the competency and qualifications of such applicant within 12 months of the date of said application.
[Amended 4-11-2017 by L.L. No. 2-2017]
[Amended 6-15-2015 by L.L. No. 7-2015]
A. 
The Town Clerk shall issue a license authorizing said applicant to conduct such business in the Town of Cheektowaga upon receipt of a certificate of competency from the Board showing that such person, a member of such firm or the superintendent of construction of such corporation has passed an examination by said Board. The certificate of competency must be dated within one year of the date of the application.
B. 
Every applicant shall also maintain in continuous effect the following insurances with insurers authorized to conduct business in New York State:
(1) 
Workers' compensation as required by New York State;
(2) 
New York Disability Law insurance;
(3) 
General liability insurance covering the operations of all licensees and naming the Town as an insured with limits of: $500,000 each occurrence for bodily injury liability; $100,000 each occurrence for property damage liability; or $500,000 each occurrence for bodily injury and property damage liability combined. A certificate of such insurances stating "For Plumbers Bond," and agreeing to notify the Town "Attn: Plumbers Licenses" at least 15 days before cancellation or nonrenewal of coverage, shall be filed with the Town Clerk.
C. 
The fee for the license required by this chapter shall be as determined by the Town Board, charged each year or part thereof, each license expiring on December 31, next after issuance. Once a license has expired, a plumber shall not be issued permits nor be allowed to continue plumbing work in the Town of Cheektowaga until his license has been renewed. Issuance of master plumber's, journeyman plumber's or sewer contractor's license.
[Amended 6-15-2015 by L.L. No. 7-2015]
[Amended 6-15-2015 by L.L. No. 7-2015]
A. 
No licensed plumber shall allow the use of his or its name or master plumber's license by any unlicensed person, firm or corporation for the purpose of defrauding the Town or otherwise. No licensed sewer contractor shall allow the use of his or its name or sewer contractor's license by any unlicensed person, firm or corporation for the purpose of defrauding the Town or otherwise.
B. 
All work must be performed under the direction of or by a licensed master plumber or licensed sewer contractor. A master plumber, or a licensed sewer contractor, must be on site on a regular basis to ensure proper installation and compliance with code requirements, accepted/current building plans and engineering designs and be on site for all Town building and plumbing inspections.
C. 
Any person, firm or corporation doing plumbing work in the Town of Cheektowaga shall exhibit his or its license and approved Town of Cheektowaga building and plumbing permit, upon request, to any peace officer, Town Board member, member of the Board or employee of the Building Inspection Department and shall, while opening any highway for purposes incidental to such work, and where such highway is so opened, exhibit in a conspicuous place adjacent to such opening a sign at least one foot square plainly marked showing the number of such license.
D. 
The dissolution of a firm or corporation shall operate as a cancellation of the license of such firm or corporation.
E. 
Licenses shall not be transferable.
F. 
A license may be suspended or revoked at any time by the Board if, in its judgment, the best interests of the inhabitants of the Town shall be served thereby.
A. 
Where a public sewer is accessible in a street, alley, easement or thoroughfare to a building or premises abutting thereon, the liquid waste from any plumbing system in said building shall be discharged into the public sewer unless otherwise prohibited.
B. 
Where the liquid wastes from any plumbing are not discharged into a public sewer, such wastes shall be so treated or disposed of as recommended by the Erie County Health Department and the State of New York Department of Environmental Conservation.
C. 
Gutters and inside or outside leaders shall be installed on all roofs except sheds (120 square feet or less in area), gazebos and picnic shelters. On existing construction, all downspouts and sump pumps discharging to the sanitary sewer system shall be disconnected. Downspouts and sump pumps may be discharged to curb drains, road ditches or splash blocks. All rear yard drain tile, sump pump or downspout water shall be so directed that it will not flow onto adjacent properties except where directed to a designed drainage swale, catch basin, french drain or natural waterway.
D. 
On new construction, all downspouts shall be discharged to storm sewers or curb drains with bubblers, and all rear yard drainage shall be conveyed to storm sewers, catch basins or channels accepted by the Town of Cheektowaga. Any alternate method of water disposition must be approved by the Town Engineer or Inspector.
E. 
On new construction, all buildings having basements or cellars shall have an adequate sump and sump pump to which any interior or exterior perimeter drain tile and floor drains shall discharge. Sump pumps shall discharge into a storm sewer. Where storm sewers are not available, sump pumps shall discharge into curb drains with bubblers. Any alternate method of water disposition must be approved by the Town Engineer or Inspector.
F. 
No Town drainage easement or natural waterway may be filled in or obstructed in any manner unless an alternative method of water disposition is approved by the Town Engineer.
G. 
The main sanitary drain for any building may be installed hung below the first floor or installed under the cellar floor. Floor drains or perimeter drains are not permitted to discharge into the sanitary sewer. All fixtures installed in cellars and basements shall have a gate valve for their waste lines. All plumbing fixtures installed in cellars and basements shall be on a branch line from the main sanitary drain and shall have a gate valve in this branch line to prevent flooding in the event that the street sanitary sewer becomes clogged. Such gate valves shall be closed at all times except when the fixtures are in use.
H. 
The sanitary sewer between any building and the sanitary street sewer must be of any material approved in the code, except that only cast-iron pipe may be used within a five-foot radius of any building. Vitrified tile must be at least six inches in diameter. Tile pipe for sewers must be of the best, sound, salt-glazed vitrified tile, free from cracks or breaks, with socket joints of uniform shape. No pipe shall have a thickness of less than 1/12 of the internal diameter, and it must be uniform in thickness. The joints for all tile sewers or drains shall be approved slip seal or thoroughly caulked with dry unoiled hemp and not to exceed more than 1/4 of the annular space, the balance to be a heated and poured bituminous sewer joint compound, approved by the Board. For any new installation or repair, a clay dam must be installed. The dam will be a minimum two feet in depth, the width of the trench and must extend to within six inches of the surface grade.
I. 
Plumbing may be installed by an owner himself, within a single-family dwelling or double dwelling unit, provided that all plumbing complies with the requirements of this code, and in such event the word "owner" shall be substituted for the word "plumber" throughout this code, with the exception that the license requirement will be waived.
[Amended 4-11-2017 by L.L. No. 2-2017]
J. 
Floor drains of any type draining areas on which motor vehicles or similar equipment is parked or stored shall drain through an oil and grease separator/interceptor located outside of the building. The size of the separator/interceptor shall be determined by the Town Engineer.
[Amended 9-21-2009 by L.L. No. 3-2009]
A. 
All electrical installations, alterations and repair of wiring for electric light, heat and power shall be made in conformity with the Building Code of New York State, except where the provisions of this chapter or any other local law, ordinance or code of the Town of Cheektowaga shall differently prescribe.
B. 
Inspection required; duties of inspectors.
(1) 
Electrical inspection shall be required on all electrical installations, alterations and repair of wiring for electric light, heat and power and shall be made in conformity with the requirements of the Building Code of New York State, except where the provisions of this chapter or any other local law, ordinance or code of the Town of Cheektowaga shall differently prescribe.
(2) 
Inspections shall be performed only by inspectors who are certified for residential, commercial and industrial inspection by the International Association of Electrical Inspectors or by the International Code Council and who are a certified Code Enforcement Officer. Said inspectors shall apply for designation as electrical inspectors by the Town Board. Applications shall be submitted to the Supervising Code Enforcement Officer with all necessary forms/certificates as set forth herein.
[Amended 5-14-2024 by L.L. No. 5-2024]
(3) 
All designated inspectors are authorized and deputized as agents of the Town of Cheektowaga to make inspections and reinspections of all electrical installations heretofore and hereafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Cheektowaga.
(4) 
All applicable permits are required to be pulled prior to work inspection. A permit number is required to be issued by the Town of Cheektowaga prior to any inspection being performed. If one is not provided, the Inspector must refer the party to the Town of Cheektowaga Building Department to obtain the necessary permits. No inspections should be performed without a valid permit. Any inspections performed without a Town-issued permit number will be considered invalid.
[Added 5-14-2024 by L.L. No. 5-2024]
C. 
A party seeking designation by the Town Board as an approved electrical inspection service shall submit the following information to the Supervising Code Enforcement Officer:
(1) 
The name, street address and telephone number of the applicant.
(2) 
Whether the applicant is an individual, partnership or corporation. The applicant is to provide documentation that they can operate in Erie County.
(3) 
Whether the applicant is doing business in another name, and if so, said name(s).
(4) 
The name, address, qualifications and training, including certificates, of all individuals who will be performing electrical inspection services on behalf of the applicant.
(5) 
A schedule of fees. A new schedule is to be submitted each time fees change.
(6) 
A statement as to whether the applicant intends to utilize independent contractors; if so, all independent contractor(s) shall be identified by name, street address and telephone number along with qualifications/certificates.
D. 
The applicant shall affirm the following either individually or, if a corporation, by a duly authorized officer:
(1) 
All electrical inspecting services shall be performed or overseen by an entity and/or individual(s) who can and have provided the Town with proof of certification as a New York State Code Enforcement Officer and certification under the International Association of Electrical Inspectors, or the International Code Council.
[Amended 5-14-2024 by L.L. No. 5-2024]
(2) 
If any information submitted at the time of application shall become incomplete or outdated, the applicant will notify the Supervising Code Enforcement Officer of all changes in writing within 48 hours.
(3) 
No person performing electrical inspections within the Town of Cheektowaga shall engage in electrical work for compensation or have any financial interest in any person, partnership or corporation engaged in performing electrical work within the Town of Cheektowaga.
(4) 
Electrical inspections can be performed at the convenience of both the Inspection Agency and the requesting party.
[Amended 5-14-2024 by L.L. No. 5-2024]
(5) 
The report of the inspection shall be filed with the Town of Cheektowaga Building Department within one business day of the inspection. Said report shall certify whether the electrical work inspected is in compliance with the applicable codes. The report will be emailed to a specific address given to the inspection agencies by the Building Department. The report must contain the property owner name and address, work inspected, the Town of Cheektowaga building permit number, and code compliance status.
[Amended 5-14-2024 by L.L. No. 5-2024]
(6) 
The Inspector is required to leave an inspection tag at the electrical panel. The tag must list the business name, inspector name, inspection date, work inspected, Town permit number, and a dated signature of the Inspector.
[Amended 5-14-2024 by L.L. No. 5-2024]
(7) 
The electrical inspection service will provide complimentary inspections in response to the reasonable request(s) of the Supervising Code Enforcement Officer.
(8) 
Fees charged for inspections will not be fully or partially contingent upon approval by the electrical inspection service of the electrical work inspected.
(9) 
The electrical inspection service has received approval to perform inspections by New York State Electric & Gas and National Grid.
(10) 
The electrical inspection service shall not inspect electrical work which another approved electrical inspection service determined to be noncompliant with the code(s).
(11) 
The electrical inspection service agrees to defend, indemnify and hold harmless the Town of Cheektowaga with respect to all claims of whatever nature arising against the Town of Cheektowaga or any official or employee thereof with respect to the work performed by the electrical inspection service.
(12) 
If said electrical inspection service intends to utilize independent contractor(s), the electrical inspection service agrees to defend, indemnify and hold harmless the Town of Cheektowaga with respect to all claims of whatever nature arising against the Town of Cheektowaga or any official or employee thereof with respect to the work performed by said independent contractor.
(13) 
Designation of an electrical inspector may be revoked by the Supervising Code Enforcement Officer prior to the expiration date for violating the provisions of this chapter or for making any materially false statement on the application.
E. 
In the event that the Supervising Code Enforcement Officer refuses to renew or revokes or suspends a designation for an electrical inspector, the electrical inspector shall have the right to appeal such refusal, revocation or suspension to the Town Board, in accordance with the following provisions:
(1) 
Refusal, revocation or suspension of a designation shall be determined by the Town Board after a hearing held pursuant to the notification procedure listed in Subsection E(2) through (4) of this section.
(2) 
Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Town Board.
(3) 
The Town Clerk of the Town of Cheektowaga shall give notice of any hearing to be held hereunder, stating the name and business address of the electrical inspector concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing to the business address shown upon the most recent application of such electrical inspector at least 10 days prior to the date of such hearing.
(4) 
At any hearing held for the refusal, revocation, suspension or removal of an electrical inspector from a list, such electrical inspector shall be entitled to be represented by legal counsel and to present testimony or other evidence in his own behalf, as may be relevant to the subject matter of the hearing.
F. 
The party seeking to be designated by the Cheektowaga Town Board as an approved electrical inspection service shall submit the following:
(1) 
Proof of liability insurance in the amount of at least $2,000,000 single limit for general liability, personal injury and property damage; professional liability of $3,000,000; automobile liability of $1,000,000; workmen's compensation and employees' disability.
(2) 
If said electrical inspection service intends to utilize one or more independent contractor(s), proof of liability insurance in the amount of at least $1,000,000 single limit for personal injury and property damage identifying as an additional insured each and every independent contractor to be utilized.
(3) 
Policies of liability insurance referenced above shall name as an additional insured the Town of Cheektowaga. Said policies shall contain the following clause: "In the event of any material alteration, nonrenewal, or cancellation of this policy, at least 30 days notice thereof shall be given to the Town of Cheektowaga Town Clerk, 3301 Broadway, Cheektowaga, New York 14227."
(4) 
An annual administration fee of $250 USD is required and due to the Town of Cheektowaga Building Department by January 15, or the previous business day if the 15th is on a weekend in that year. Agencies or individuals newly certified by the Town Board are required to pay the annual administration fee within five business days upon receipt of the written resolution signaling approval. Then, the January schedule will be followed. $250 is a reasonable expense to the Town in the administration of the process. The remittance of $250 shall not be refundable.
[Amended 5-14-2024 by L.L. No. 5-2024]
G. 
Effective date will be updated based on Town Board and NYS approval.
[Amended 5-14-2024 by L.L. No. 5-2024]