City of Fulton, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Fulton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Contractors — See Ch. 277.
Plumbing — See Ch. 468.
[Adopted 10-1-1996 by L.L. No. 14-1996 (Ch. 62 of the 1991 Code)]
This article is adopted pursuant to General City Law § 20, Subdivision 13.
[Amended 2-15-2000 by L.L. No. 2-2000]
This article shall be known as the "Mechanical/HVAC Code of the City of Fulton."
The purpose of this article is to provide for the protection of life and property by ensuring the proper installation of any and all mechanical equipment/systems in the City of Fulton as provided herein.
The requirements of this article shall be applicable to the installation, erection, alteration and maintenance of any and all mechanical equipment/systems, as defined herein, within the City of Fulton. The installation of such equipment shall be adequate for its intended use and shall comply with the requirements of 9 NYCRR and maintained per the requirements of Chapter 475, Property Conservation, of the Code of the City of Fulton so as not to be a potential hazard to life and safety.
As used in this article, the following terms shall have the meanings indicated:
AIR-CONDITIONING SYSTEM
An installation of air-conditioning equipment, appurtenances, piping or duct work in connection with a system intended and/or designed to control temperature, humidity, air movement and cleaning of air in a confined space.
BOARD
The Board of Mechanical/HVAC Examiners, pursuant to §§ 300-6 and 300-7 contained herein.
[Amended 2-15-2000 by L.L. No. 2-2000]
CERTIFICATE OF COMPETENCY
A certificate issued by the Board of Mechanical Examiners to an applicant who has successfully passed a written examination to determine his or her fitness and qualifications for conducting a business requiring such a certificate.
CITY
The City of Fulton, New York.
COMMISSIONER
The Commissioner of Water and Sanitation or his legally designated representative.
ELECTRICAL HEATING SYSTEM
Any warm-air or hydronic heating system whose primary fuel is electricity and any heating system involving an electrical heat element or cooling element and/or fan unit placed at the heat source or in ducts feeding individual rooms or sections of buildings.
EMERGENCY REPAIR
Any repair which is commenced and necessitated by an equipment failure which occurs at a time when the Bureau of Code Enforcement office is not open for the issuance of permits.
HEATING SYSTEM
An installation of any heating equipment, appurtenances, piping, duct work and fuel storage tanks in connection with a warm-air and/or hydronic heating system.
HVAC
Heating, ventilation and air-conditioning equipment and/or system.
HYDRONIC HEATING SYSTEM
One or more steam, hot-water or any other liquid boiler using coal, oil, gas, electricity or other fuel, together with necessary appurtenances thereto, consisting of a fuel system with necessary controls, smoke pipe, prefabricated flues or gas vents and fittings, condensate pumps, liquid-fuel pumps, piping, heat exchangers, radiators, connectors, unit heaters and necessary safety controls used for space heating of buildings or integral to process heating systems.
LICENSE
A written license duly issued by the City of Fulton authorizing the individual named therein to carry on the business or businesses for which a certificate of competency has been issued by the Board of Mechanical Examiners.
PERMIT
A written order issued by the Bureau of Code Enforcement to a person duly licensed hereunder, authorizing the erection, construction, installation or alteration of any mechanical equipment or system.
VENTILATION
A mechanical system of equipment, appurtenances and piping duct work for the purpose of changing air in a given area.
WARM-AIR HEATING SYSTEM
One or more air furnaces using coal, oil, gas or electricity as fuel, together with necessary appurtenances thereto, consisting of warm- or cold-air pipes, fittings, ducts, boxes, registers, grills and prefabricated flues or gas vents, which is intended for heating buildings or structures in which they are installed.
[Amended 3-4-1997 by L.L. No. 4-1997; 2-15-2000 by L.L. No. 2-2000]
A. 
Composition; voting members. The Board of Mechanical/HVAC Examiners shall consist of the Board of Plumbing Examiners. (See § 468-7.)
B. 
Composition; nonvoting/ex officio members. The Bureau Chief of the Bureau of Code Enforcement shall be a nonvoting/ex officio member of the Board of Mechanical/HVAC Examiners; said Chief shall act as an advisor member to the Board regarding code rules and regulations.
C. 
Any reference in this article to a Board or Board of Mechanical Examiners shall henceforth be deemed a reference to the Board of Mechanical/HVAC Examiners.
A. 
Initially, the Mayor of the City of Fulton shall appoint all Board members as follows:
[Amended 3-4-1997 by L.L. No. 4-1997]
(1) 
See Plumbing Code, § 468-8.
B. 
Thereafter, all vacancies occurring by expiration of term shall be filled by the Mayor for terms of three years. Vacancies by death, removal by City, inability to act or resignation of any member shall be filled by the Mayor for the unexpired term.
C. 
Compensation of Board members. The Board members shall receive such compensation for their service as shall be determined by resolution of the Common Council.
D. 
Qualifications. All voting Board members shall be residents of the County of Oswego.
E. 
Quorum of Board. Three voting members of the Board shall constitute a quorum, and the votes of a majority of all voting members present shall be necessary for any official action. In the event that the Chairperson is not present at the meeting, an acting Chairperson will be selected from among the members of the Board present at such meeting.
A. 
Board members shall meet monthly to conduct regular business and at special meetings called at the discretion of the Mayor. It shall be the responsibility of Board members to elect a Chairperson to conduct Board meetings. The Chairperson shall only vote at meetings to break a tie vote of the membership.
B. 
Board members shall be responsible for the preparation of all examinations given by the Board. Examinations shall be designed to test the skills, technical knowledge and knowledge pertinent to laws and regulations, including this article. The exam shall be a written exam. The Board shall review the standards and examinations annually to keep them current with changes in applicable codes and technical standards.
C. 
Board members shall conduct all examinations to determine the applicant's fitness to conduct business in the desired trade(s). The Board shall administer examinations semiannually. Additional special examinations may be given at the discretion of the Board.
D. 
Upon the applicant obtaining a passing grade by written examination, the Board shall issue a certificate of competency to such applicant which entitles the holder to a license issued by the City.
E. 
The Board shall have the responsibility of collecting all application fees for examinations given. All collected moneys shall be paid over by the Board biweekly to the Clerk/Chamberlain.
[Amended 12-1-2009 by L.L. No. 6-2009]
F. 
The Board shall from time to time review the local rules and regulations governing materials, workmanship and conduct relevant to licenses and to make recommendations in the form of a resolution to the Bureau Chief of the Bureau of Code Enforcement to add, amend, alter or adopt such local laws and regulations as deemed necessary. The Bureau Chief shall review such recommendations and then forward to corporation counsel for review and comments. Once legal has approved such recommended resolutions, such resolutions shall be submitted to the Common Council for its consideration and approval or disapproval.
A. 
Application for all mechanical licenses shall be made on forms provided by the Board and shall contain the following information:
(1) 
The category of license being applied for.
(2) 
The name, residence address and telephone number of the applicant.
(3) 
The business address and telephone number of the applicant.
(4) 
A summary of the applicant's experience and training, indicating the beginning and ending dates of employment and education which qualifies the applicant to take the examination, and the name and address of such employers or schools.
(5) 
A statement as to whether the applicant previously held a mechanical license in the City of Fulton and whether such license has ever been revoked or suspended.
(6) 
A statement as to whether the applicant has ever been convicted of a felony or misdemeanor and, if so, the precise nature of such conviction.
(7) 
A statement as to whether the applicant has any criminal charges pending against him or her and, if so, the precise nature of such charge.
B. 
Each application for a license shall be signed by the applicant under penalty of perjury.
C. 
Each application shall be accompanied by a check or money order made out to the City of Fulton for the amount of fee required by Chapter A700, Fees.
A. 
The Board shall determine whether the respective applicant meets the qualifications as prescribed herein. If the applicant qualifies, the Board shall notify the applicant of the time and place of the next examination.
B. 
In the event that the Board finds the applicant not qualified to take the desired examination, it shall so notify the applicant, in writing, and state the reasons for its findings, and the application fee shall be returned to the applicant.
Once the applicant has taken the examination and attained a passing grade, it shall be the responsibility of the Board to issue a certificate of competency to such applicant, thus allowing the applicant to apply for a license from the City of Fulton.
Upon submission of proof of attaining a certificate of competency, the successful candidate shall make application to the City for a license. After completing the application, submitting proof of insurance and paying the appropriate fee, the City shall issue a license to the successful candidate. The license shall be dated and numbered and shall remain in effect for the duration of the calendar year in which it is issued unless suspended or revoked as provided herein.
A. 
Each license shall expire on December 31 following the date of its issue or renewal and shall be renewed upon application of the holder of the license, the payment of the required fee and submission of proof of the necessary insurance. Failure to renew a license within 30 days of the expiration date shall be considered abandonment of said license. All licenses are renewable for a twelve-month period. Any person holding a valid license will not be subject to a formal examination to obtain a renewal of the license.
B. 
Persons whose licenses have been abandoned may obtain a new license via examination in accordance with the procedures established herein.
C. 
Any City of Fulton employee who holds any license issued pursuant to this article and who is prohibited from utilizing said license while so employed shall, within 30 days of separation from City employment, be permitted to renew his license, upon payment of required fee and submission of proof of insurance, without regard to the amount of elapsed time from the last previously scheduled date for renewal.
D. 
Upon the expiration date of a license, the licensee who no longer desires an active license may apply for an inactive license. The fee for such a license shall be 1/2 that of an active license fee. During the period the license is in an inactive status, the licensee shall not be allowed to do any HVAC work in the City of Fulton which would require a permit. An inactive license can only be renewed for five consecutive years, and, at the end of the five-year period, the inactive license must be activated or abandoned.
[Amended 3-4-1997 by L.L. No. 4-1997]
All certificates of insurance shall demonstrate that the license holder or his employer, if the license holder is an employee, has the statutory worker's compensation and employer's liability insurance in addition to bodily injury and property damage liability coverage. This certificate of insurance shall show that the City of Fulton is an additional insured for any event or occurrence relating to the license and/or any permit issued by the City. The City shall establish minimum limits for insurance coverage.
It shall be the responsibility of each holder of a mechanical license issued hereunto to:
A. 
Procure all necessary permits prior to the commencement of any work and call for inspections required by such permits.
B. 
Perform or cause to be performed all mechanical work done by him or her or under his or her supervision in accordance with this article and other applicable laws, rules or regulations in accordance with the terms, plans and specifications of any permit issued.
C. 
Maintain an active role in the day-to-day direct supervision of any journeyman, apprentice or workman under his or her supervision.
D. 
Obey any order duly issued under the authority of this article.
E. 
Not sell, lend or rent or in any manner transfer or assign his or her license to any individual. (NOTE: Although a licensee may purchase materials or subcontract the fabrication of equipment or systems from a nonlicensed person, the actual installation of such equipment or system shall be the sole responsibility of the licensee. Subcontracting the installation of any permit work is strictly prohibited. Nothing herein shall prevent the licensee from employing nonlicensed individuals on his payroll, provided that such individuals are under the direct supervision of the licensee. However, the City, at its discretion, may request payroll records to substantiate such employment, and the licensee shall be required to comply with such requests. The licensee may form a legal joint venture with nonlicensed individuals for the installation of permit-related work, provided that such a joint venture is approved by the City's corporation counsel's office.)
F. 
Maintain with the Bureau, at all times, an accurate registration of his or her home address, business address and telephone number. [A post office (P.O.) box is not an acceptable home address.]
G. 
Notify the Bureau immediately in the event that he or she, the active license holder, leaves the employ of a firm or corporation or is incapacitated for a period of 30 days so that he or she is unable to fulfill his or her supervisory responsibilities, as specified in Subsections B and C of this section.
H. 
Pay any fee or penalty assessed pursuant to this article.
A. 
It shall be unlawful for any person, firm, corporation or partnership to engage in or perform mechanical work within the City of Fulton, other than such work specifically excluded pursuant to this article, unless such person, firm, corporation or partnership has an active license issued by the City of Fulton.
B. 
It shall be unlawful to do or cause to be done the installation, construction, alteration or repair of any mechanical work unless a permit has been issued by the Bureau of Code Enforcement for such work. Any licensee found doing mechanical work without first obtaining a permit shall be issued a stop-work order and shall pay a double fee at the time the permit is issued. Exception: When a licensee is conducting an emergency repair, as defined in this article, a permit shall be procured in the first day following the repair when the Code Enforcement office is open for regular business.
C. 
All mechanical work shall be done in compliance with all applicable state and local laws, rules and regulations.
D. 
Nothing herein shall make the requirements of this article applicable to the following types of heating or air-conditioning appliances:
(1) 
Self-contained one-hundred-twenty-volt plug-in-type prefabricated baseboard or space heating units.
(2) 
Self-contained one-hundred-twenty-volt plug-in-type window- or wall-mounted room air-conditioning units.
This article shall not be construed to relieve or lessen the responsibility of any licensee installing, altering or repairing any mechanical appliance or device for damages to person or property caused by improper installation or by defects therein, nor does the City of Fulton hereby assume any liability or responsibility therefor by reason of inspections authorized herein or permit or licenses issued as herein provided.
No person shall be examined by the Board for a HVAC license conferred by this article unless he or she shall possess the following level of training and experience:
A. 
A minimum of six months of formal training in an industrial trade school or the United States Government Armed Services and a minimum of one year of field experience working directly on the installation and maintenance of HVAC equipment and/or systems shall be required.
The owner of a single-family, two-family or multiple dwelling who actually resides within the dwelling unit may make necessary heating repairs or replace fixtures within that unit without a heating license.
The Board shall have enforcement powers relevant to the rules and regulations of this article.
A. 
License holder(s) against whom penalties are proposed shall have written notice thereof and the reasons therefor, shall be furnished a copy of the charges preferred against him or her and shall be allowed at least 10 days for answering the same in writing. Such written notice shall be mailed, by certified mail, to the last address of the license holder filed with the Board.
B. 
The person against whom charges are preferred shall be entitled to be represented by counsel, to summon witnesses on his or her behalf and to cross-examine those witnesses who testify against him or her.
C. 
The burden of proving misconduct shall be upon the person alleging the same. However, compliance with technical rules of evidence shall not be required.
A. 
If the license holder is found guilty of charges pursuant to this article, a penalty may be imposed by the Board. Such a penalty may consist of the following:
(1) 
For a first offense: placing of a license on probationary status for 30 days and/or a civil penalty not to exceed $125, or both.
(2) 
For a second offense: a civil penalty not to exceed $250 and/or suspension of his or her license not to exceed a period of 60 days, or both.
(3) 
For a third offense: a civil penalty not to exceed $500 or a suspension of his or her license not to exceed a period of 90 days, or both.
B. 
A nonlicense holder or license holder who shall violate any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both, for each individual violation. In addition, said violator may be responsible for restitution if it is proved to the satisfaction of the court that, in the course of committing the violation, the violator performed substandard work.
[Amended 2-15-2000 by L.L. No. 2-2000]
C. 
The penalties provided herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Any and all penalties may be pursued concurrently or consecutively, and the pursuit of any penalty shall not be construed as an election or the waiver of the right to pursue any and all of the others.
D. 
Any license holder aggrieved by a decision of the Board pursuant to this article may apply to the Supreme Court for relief by proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be governed by the provisions of Article 78 of the Civil Practice Law and Rules, except that it must be instituted as therein provided within 30 days after service of the Board's decision on the person alleged to be aggrieved.
[Adopted 1-7-1997 by L.L. No. 1-1997 (Ch. 61 of the 1991 Code)]
This article is adopted pursuant to General City Law, Book 20, Art. 2-A, § 20, Subdivision 27(a).
This article shall be known as the "Electrical Code of the City of Fulton."
The purpose of this article is to provide for the protection of life and property by ensuring the proper installation of any and all electrical equipment/systems in the City of Fulton as provided herein. The provisions contained herein shall constitute the rules and regulations of any person or persons engaged in this type work within the City of Fulton.
The requirements of this article shall be applicable to the installation, erection, maintenance, alteration or repair of electrical equipment/systems, either permanent or temporary in nature, in the City of Fulton. All new equipment/system installation shall comply with the requirements of 9 NYCRR and NFPA-70 and be maintained per the requirements of Chapter 475, Property Conservation, of the Code of the City of Fulton so as not to be a potential hazard to life and property.
As used in this article, the following terms shall have the meanings indicated:
BOARD
The Board of Electrical Examiners pursuant to § 300-28 contained herein.
BUREAU CHIEF
The Chief of the Bureau of Code Enforcement or his legally designated representative.
CERTIFICATE OF COMPETENCY
A certificate issued by the Board of Electrical Examiners to an applicant who has successfully passed a written examination to determine their fitness and qualifications for conducting a business requiring such a certificate.
CITY
The City of Fulton, New York.
ELECTRICAL HEATING SYSTEM
Any warm-air or hydronic heating system whose primary fuel is electricity, and any heating system involving an electrical heat element or cooling element and/or fan unit placed at a heat source as in ducts feeding rooms or sections of buildings.
EMERGENCY REPAIR
Any repair which is commenced and necessitated by an equipment failure which occurs at a time when the Bureau of Code Enforcement office is not open for the issuance of permits.
LICENSE
A written license duly issued by the City of Fulton authorizing the individual named therein to carry on the business or businesses for which a certificate of competency has been issued by the Board of Electrical Examiners.
MASTER ELECTRICIAN
A person licensed by the City of Fulton who performs the work of or who is engaged in the business of electrical contracting and/or the installing, altering and repairing or contracting to install, alter or repair any electrical wires or wiring apparatus, fixtures and other appliances used for the transmission of electricity for light, heat or power or signaling systems.
PERMIT
A written order issued by the Bureau of Code Enforcement to a person duly licensed hereunder, authorizing the erection, construction, installation or alteration of any electrical equipment or system.
A. 
Composition; voting members. The Board of Electrical Examiners shall consist of the following voting members:
(1) 
One master electrician who holds an active electrical license issued by the City of Fulton.
(2) 
Two master electricians who hold electrical licenses issued by the City of Fulton.
(3) 
One electrical inspector, either employed by the City or employed by an inspection agency assigned to the City of Fulton.
(4) 
One electrical power company manager, owner/manager of a wholesale electrical supply company or an electrical instructor at a BOCES school or similar educational institution.
B. 
Composition; nonvoting/ex officio members. The Board shall consist of the following:
(1) 
One Bureau Chief of Code Enforcement or his legally designated representative. This individual shall act as an advisor member to the Board regarding code rules and regulations.
(2) 
One secretary who shall take and transcribe minutes of each meeting.
A. 
Initially, the Mayor of the City of Fulton shall appoint all Board members as follows:
(1) 
Two master electricians, licensed by the City of Fulton, shall be appointed for a three-year term.
(2) 
One master electrician, licensed by the City of Fulton, shall be appointed for a two-year term.
(3) 
One electrical power company manager, owner/manager of a wholesale electrical supply company or an electrical instructor at a BOCES school or similar educational institution shall be appointed for a one-year term.
(4) 
One electrical inspector shall be appointed for a three-year term.
(5) 
One Bureau Chief of the Bureau of Code Enforcement shall be appointed for a three-year term.
B. 
Thereafter, all vacancies occurring by expiration of term shall be filled by the Mayor for a term of three years. Vacancies by death, removal by City, inability to act or resignation of any member shall be filled by the Mayor for the unexpired term.
C. 
Compensation of Board members. The Board members shall receive such compensation for their service as shall be determined by resolution of the Common Council.
D. 
Qualifications. All voting Board members shall be residents of the County of Oswego or counties which abut Oswego County.
E. 
Quorum of Board. Three voting members of the Board shall constitute a quorum, and the votes of a majority of all voting members present shall be necessary for any official action. In the event that the Chairperson is not present at the meeting, an Acting Chairperson will be selected from among the members of the Board present at such meeting.
A. 
Board members shall meet monthly to conduct regular business and at special meetings called at the discretion of the Mayor. It shall be the responsibility of Board members to elect a Chairperson to conduct Board meetings.
B. 
Board members shall be responsible for the preparation of all examinations given by the Board. Examinations shall be designed to test the skills, technical knowledge and knowledge pertinent to laws and regulations, including this article. The exam shall be a written exam. The Board shall review the standards and examinations annually to keep them current with changes in applicable codes and technical standards.
C. 
Board members shall conduct all examinations to determine the applicant's fitness to conduct business in the desired trade(s). The Board shall administer examinations semiannually. Additional special examinations may be given at the discretion of the Board.
D. 
Upon the applicant obtaining a passing grade by written examination, the Board shall issue a certificate of competency to such applicant which entitles the holder to a license issued by the City.
E. 
The Board shall have the responsibility of collecting all application fees for examinations given. All collected monies shall be paid over by the Board biweekly to the Clerk/Chamberlain.
[Amended 12-1-2009 by L.L. No. 6-2009]
F. 
The Board shall from time to time review the local rules and regulations governing materials, workmanship and conduct relevant to licenses and to make recommendations in the form of a resolution to the Bureau Chief of the Bureau of Code Enforcement to add, amend, alter or adopt such local laws and regulations as deemed necessary. The Bureau Chief shall review such recommendations and then forward to corporation counsel for review and comments. Once legal has approved such recommended resolutions, such resolutions shall be submitted to the Common Council for its consideration and approval or disapproval.
A. 
Application for all electrical licenses shall be made on forms provided by the Board and shall contain the following information:
(1) 
The category of license being applied for.
(2) 
The name, residence address and telephone number of the applicant.
(3) 
The business address and telephone number of the applicant.
(4) 
A summary of the applicant's experience and training indicating the beginning and ending dates of employment, and education which qualifies the applicant to take the examination and the name and address of such employees or schools.
(5) 
A statement as to whether the applicant has previously held an electrical license in the City of Fulton, and whether such license has ever been revoked or suspended.
(6) 
A statement as to whether the applicant has ever been convicted of a felony or misdemeanor and, if so, the precise nature of such conviction.
(7) 
A statement as to whether the applicant has any criminal charges pending against him or her and, if so, the precise nature of such charge.
(8) 
All applicants may be subject to a criminal background investigation.
[Added 9-24-2019 by L.L. No. 5-2019]
B. 
Each application for a license shall be signed by the applicant under penalty of perjury.
C. 
Each application shall be accompanied by a check or money order made out to the City of Fulton for the amount of fee required by Chapter A700, Fees.
A. 
The Board shall determine whether the respective applicant meets the qualifications as prescribed herein. If the applicant qualifies, the Board shall notify the applicant of the time and place of the next examination.
B. 
In the event that the Board finds the applicant not qualified to take the desired examination, it shall so notify the applicant in writing and state the reasons for its findings, and the application fee shall be returned to the applicant.
Once the applicant has taken the examination and attained a passing grade, it shall be the responsibility of the Board to issue a certificate of competency to such applicant, thus allowing the applicant to apply for a license from the City of Fulton.
Upon submission of proof of attaining a certificate of competency, the successful candidate shall make application to the City for a license. After completing the application, submitting proof of insurance and paying the appropriate fee, the City shall issue a license to the successful candidate. The license shall be dated and numbered and shall remain in effect for the duration of the calendar year in which it is issued unless suspended or revoked as provided herein.
A. 
Each license shall expire on December 31 following the date of its issue or renewal and shall be renewed upon application of the holder of the license, the payment of the required fee and submission of proof of the necessary insurance. Failure to renew a license within 30 days of the expiration date shall be considered abandonment of said license. All licenses are renewable upon review and approval of the Electrical Board. Any person holding a valid license will not be subject to a formal examination to obtain a renewal of the license.
[Amended 9-24-2019 by L.L. No. 5-2019]
B. 
Persons whose licenses have been abandoned may obtain a new license via examination in accordance with the procedures established herein.
C. 
Any City of Fulton electrical inspector who holds an electrical license issued pursuant to this article and who is prohibited from utilizing said license while so employed shall, within 30 days of separation from City employment, be permitted to renew his license upon payment of required fee and submission of proof of insurance without regard to the amount of elapsed time from the last previously scheduled date for renewal.
D. 
Upon the expiration date of a license, the licensee who no longer desires an active license may apply for an inactive license. The fee for such a license shall be 1/2 that of an active license fee. During the period the license is in an inactive status, the licensee shall not be allowed to do any electrical work in the City of Fulton which would require a permit.
E. 
Master electricians over age 65 may shelve their license and be exempt from the annual shelving fee, providing they have an application on file.
[Added 12-2-1997 by L.L. No. 14-1997; amended 9-24-2019 by L.L. No. 5-2019]
[Amended 9-24-2019 by L.L. No. 5-2019]
Any master electrician who shall produce good and sufficient proof to the Board of Electrical Examiners of the City of Fulton that he or she is a licensed master electrician in another municipality, who by written agreement may reciprocally allow master electricians licensed in the City of Fulton to obtain a license in that said community, without the necessity of taking an examination, may be entitled to obtain an electrical license in the City of Fulton, upon Board approval. The confirmation in writing from the reciprocating City needs to be provided.
All certificates of insurance shall demonstrate that the license holder or his employer, if the license holder is an employee, has the statutory worker's compensation and employer's liability insurance in addition to bodily injury and property damage liability coverage. This certificate of insurance shall show the City of Fulton is an additional insured for any event or occurrence relating to the license and/or any permit issued by the City. The City shall establish minimum limits for insurance coverage.
It shall be the responsibility of each holder of an electrical license issued hereunto to:
A. 
Procure all necessary permits prior to the commencement of any work and call for inspections required by such permits.
B. 
Perform or cause to be performed all electrical work done by him or her or under his or her supervision in accordance with this article and other applicable laws, rules or regulations in accordance with the terms, plans and specifications of any permit issued.
C. 
Maintain an active role in the day-to-day direct supervision of any journeyman, apprentice or workman under his or her supervision.
D. 
Obey any order duly issued under the authority of this article.
E. 
Not sell, lend or rent or in any manner transfer or assign his or her license to any individual. (NOTE: Although a licensee may purchase materials or subcontract the fabrication of equipment or systems from a nonlicensed person, the actual installation of such equipment or system shall be the sole responsibility of the licensee. Subcontracting the installation of any permit work is strictly prohibited except to another City of Fulton licensed individual. Nothing herein shall prevent the licensee from employing nonlicensed individuals on his payroll, provided that such individuals are under the direct supervision of the licensee. However, the City, at its discretion, may request payroll records to substantiate such employment, and the licensee shall be required to comply with such requests. The licensee may form a legal joint venture with nonlicensed individuals for the installation of permit-related work, provided that such a joint venture is approved by the City's Attorney.)
F. 
Maintain with the Bureau, at all times, an accurate registration of his or her home address, business address and telephone number. [A post office (P.O.) box is not an acceptable home address.]
G. 
Notify the Bureau immediately in the event that he or she, the active license holder, leaves the employ of a firm or corporation or is incapacitated for a period of 30 days so that he or she is unable to fulfill his or her supervisory responsibilities, as specified in Subsections B and C of this section.
H. 
Pay any fee or penalty assessed pursuant to this article.
I. 
A licensed electrician shall be responsible for obtaining an electrical permit for each job and close out the permit by providing a third party electrical inspection certificate.
[Added 9-24-2019 by L.L. No. 5-2019]
A. 
It shall be unlawful for any person, firm, corporation or partnership to engage in or perform electrical work within the City of Fulton, other than such work specifically excluded pursuant to this article, unless such person, firm, corporation or partnership has an active license issued by the City of Fulton.
B. 
It shall be unlawful to do or cause to be done the installation, construction, alteration or repair of any electrical work unless a permit has been issued by the Bureau of Code Enforcement for such work. Any licensee found doing electrical work without first obtaining a permit shall be issued a stop-work order and shall pay a double fee at the time the permit is issued. Exception: when a licensee is conducting an emergency repair, as defined in this article, a permit shall be procured in the first day following the repair when the Code Enforcement office is open for regular business.
C. 
All electrical work shall be done in compliance with all applicable state and local laws, rules and regulations.
D. 
Nothing herein shall make the requirements of this article applicable to the following types of electrical appliances:
(1) 
Self-contained one-hundred-twenty-volt plug-in-type prefabricated baseboard or space heating units.
(2) 
Self-contained one-hundred-twenty-volt plug-in-type window or wall-mounted room air-conditioning units.
This article shall not be construed to relieve or lessen the responsibility of any licensee installing, altering or repairing any mechanical appliance or device for damages to person or property caused by improper installation or by defects therein, nor does the City of Fulton hereby assume any liability or responsibility therefor by reason of inspections authorized herein or permit or licenses issued as herein provided.
No person shall be examined by the Board for an electrical license conferred by this article unless he or she shall possess the following level of training and experience:
A. 
A minimum of six months of formal training in an industrial trade school or the United States Government Armed Services and a minimum five years of field experience working directly on the installation and maintenance of electrical equipment and/or systems.
[Amended 9-24-2019 by L.L. No. 5-2019]
The owner of a single-family dwelling unit, who actually resides within the dwelling unit, may replace existing fixtures, switches and receptacles within that unit occupied by the owner without an electrical license. All other alterations and/or extensions must be made by a licensed electrician.
The Board shall have enforcement powers relevant to the rules and regulations of this article.
A. 
License holder(s) against whom penalties are proposed shall have written notice thereof, and the reasons therefor, shall be furnished a copy of the charges preferred against him or her and shall be allowed at least 10 days for answering the same in writing. Such written notice shall be mailed by certified mail to the last address of the license holder filed with the Board.
B. 
The person against whom charges are preferred shall be entitled to be represented by counsel, to summon witnesses on his or her behalf and to cross-examine those witnesses who testify against him or her.
C. 
The burden of proving misconduct shall be upon the person alleging the same. However, compliance with technical rules of evidence shall not be required.
A. 
If the license holder is found guilty of charges pursuant to this article, a penalty may be imposed by the Board. Such a penalty may consist of the following:
(1) 
For a first offense: placing of a license on probationary status for 30 days and/or a civil penalty not to exceed $125, or both.
(2) 
For a second offense: a civil penalty not to exceed $250 and/or suspension of his or her license not to exceed a period of 60 days, or both.
(3) 
For a third offense: a civil penalty not to exceed $500 or a suspension of his or her license not to exceed a period of 90 days, or both.
B. 
A nonlicense holder or license holder who shall violate any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both, for each individual violation. In addition, said violator may be responsible for restitution if it is proved to the satisfaction of the court that, in the course of committing the violation, the violator performed substandard work.
[Amended 3-7-2000 by L.L. No. 5-2000]
C. 
The penalties provided herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Any and all penalties may be pursued concurrently or consecutively, and the pursuit of any penalty shall not be construed as an election or the waiver of the right to pursue any and all of the others.
D. 
Any license holder aggrieved by a decision of the Board pursuant to this article may apply to the Supreme Court for relief by proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be governed by the provisions of Article 78 of the Civil Practice Law Rules, except that it must be instituted as therein provided within 30 days after service of the Board's decision on the person alleged to be aggrieved.
[Added 9-24-2019 by L.L. No. 5-2019]
A. 
Any electrical inspectors doing inspections in the City of Fulton must be certified by a nationally recognized organization and be insured within the City of Fulton. Certification shall be updated annually.
B. 
Inspectors should only inspect work when contacted by the electrician whose name is on the permit.
C. 
All licensed electricians will be given a list of registered inspectors for the City of Fulton.