[HISTORY: Adopted by the Town Board of the Town of Avon 6-10-2010 by L.L. No.
2-2010. Amendments noted where applicable.]
The Town of Avon, by enactment of Local Law No. 2 of the year
2010, has provided for enforcement of the New York State Uniform Fire
Prevention and Building Code, and recognizing that said code in Part
VIII, Chapters 33 through 42 (residential portion of code), Chapter
26 (commercial portion of code) and Chapter 6, Section 605 (fire prevention
portion of code), provides minimum parameters for the design, installation,
and location of electrical wiring, systems and equipment operating
on 50 volts or more, wishes to more fully implement the aforesaid
provisions and facilitate enforcement of same.
All electrical installations detailed above, and all others
regulated by the New York State Uniform Fire Prevention and Building
Code, shall be made in conformity with the requirements of the National
Electrical Code and the requirements of National Grid's Specifications
for Electrical Installations, Bulletin No. 750, except when the provisions
of this chapter or any other local law, ordinance or building code
of the Town provides otherwise, in which event compliance with the
provisions of such local law, ordinance or building code shall be
recognized as proper compliance with this chapter. The requirements
of the National Electrical Code shall be those known as the "National
Fire Protection Association Pamphlet No. 70," as approved and adopted
by the American Standards Association.
A.
Appointment. The Code Enforcement Officer of the Town of Avon shall
be and is hereby authorized to appoint and deputize as agents of the
Town of Avon, for the purpose of making inspections and reinspections,
at reasonable times and places and upon reasonable notice, of all
electrical installations regulated and covered by the New York State
Uniform Fire Prevention and Building Code and/or National Grid's
Specifications for Electrical Installations, Bulletin No. 750, and
to approve or disapprove the said installations, such persons, agencies
or organizations as, in the opinion and discretion of the Code Enforcement
Officer, shall be qualified to conduct the same. In no event shall
the cost of such inspections or reinspections be a charge against
the Town of Avon.
B.
Duties.
(1)
It shall be the duty of such person, organization or agency duly
appointed and deputized as provided in this chapter to report in writing
to the Code Enforcement Officer of the Town of Avon all violations
of or deviations from the provisions of the National Electrical Code
and/or National Grid's Specifications for Electrical Installations,
Bulletin No. 750, and all local laws and the building code insofar
as any of the same shall apply to electrical wiring, systems and equipment
covered by this chapter. Such deputized inspector shall make inspections
and reinspections of electrical installations in and on properties
in the Town of Avon upon the written request of the Town of Avon Code
Enforcement Officer.
(2)
It shall be the duty of such appointed and deputized electrical inspector
to issue a certificate of compliance only when electrical installations
and equipment are found to be in conformity with the provisions of
the National Electrical Code, National Grid's Specifications
for Electrical Installations, Bulletin No. 750, and this chapter.
Said inspector shall direct a copy of the certificate of compliance
or the official denial thereof to the Code Enforcement Officer of
the Town of Avon. In the case of a denial, the inspector shall detail
specific deficiencies and appropriate remediation, if any.
C.
Approval by Code Enforcement Officer.
(1)
Any persons, agencies, businesses or organizations wishing to conduct
electrical inspections within the Town of Avon must first be approved
by the Code Enforcement Officer of the Town of Avon and deputized
according to the provisions herein. It shall be unlawful for any persons,
agencies, businesses or organizations to inspect any electrical improvements
or repairs contemplated herein without first complying with the requirement
to become an approved and deputized inspector.
(2)
No persons, agencies, businesses or organizations shall be approved
by the Code Enforcement Officer to conduct electrical inspections
without entering into a formal written agreement with the Town of
Avon (which may be adopted and subsequently modified from time to
time by the Town Board of the Town of Avon), which shall set forth
the respective rights and responsibilities of the parties, including
representations of qualifications, insurance and indemnification provisions.
A.
Any installation or alteration of an electrical system or electrical
wiring that is covered and regulated by the provisions of the New
York State Uniform Fire Prevention and Building Code, the National
Electrical Code, National Grid's Specifications for Electrical
Installations, Bulletin No. 750, or a local law of the Town of Avon
without the issuance of a certificate of compliance as hereinabove
provided shall be a violation of this chapter. Any person, firm, or
corporation who shall violate the provisions of this chapter with
regard to electrical system or electrical wiring installation, modification
or repair shall be subject to all penalties and remedies provided
by Article 18 of the Executive Law of the State of New York, as the
same pertains to violations of the New York Uniform Fire Prevention
and Building Code.
B.
Any inspection of an electrical system or electrical wiring that is not performed in full accordance with this chapter shall be deemed a violation of this chapter. Any person, firm, or corporation who shall violate the provisions of this chapter with regard to inspections shall be subject to penalties and remedies as set forth in Chapter 1, Article I, § 1-3 of the Avon Town Code.
The provisions of this chapter shall not apply to the electrical
installations in mines, ships, railway cars, automotive equipment
or the installations or equipment employed by a railway, electrical
or communications utility in the exercise of its function as a utility
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 is owned or leased in its entirety by the government
of the United States of America or the State of New York.
This chapter shall not be construed to relieve from or lessen
the liability of any person owning, operating, controlling or installing
any electrical wiring, devices, appliances, or equipment for loss
of life, injury, casualty or damage to person or property caused by
any defect therein, nor shall the Town of Avon, its Code Enforcement
Officer, or the deputized electrical inspector be deemed to have assumed
any such liability by reason of any inspection made pursuant to this
chapter.
