[HISTORY: Adopted by the Common Council of the City of Fulton
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
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.
The City of Fulton, New York.
The Commissioner of Water and Sanitation or his legally designated
representative.
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.
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.
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.
Heating, ventilation and air-conditioning equipment and/or
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.
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.
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.
A mechanical system of equipment, appurtenances and piping
duct work for the purpose of changing air in a given area.
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.
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.
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:
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:
The Board of Electrical Examiners pursuant to § 300-28 contained herein.
The Chief of the Bureau of Code Enforcement or his legally
designated representative.
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.
The City of Fulton, New York.
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.
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.
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.
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.
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:
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.
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:
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.
