[HISTORY: Adopted by the Town Board of the Town of New Hartford 2-11-2015 by L.L. No.
2-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building code administration and enforcement — See Ch. 65.
[1]
Editor's Note: This local law provided an effective date
of 4-1-2015 and repealed former Ch. 59, Electrical Standards, adopted
5-6-1959, as amended.
This chapter shall be known as the "Electrical Code of the Town
of New Hartford."
Whereas it is in the best interest of the public safety, health
and welfare that all work concerning electrical installations and
alterations or wiring for electric power in excess of 50 volts on
all real property within the Town of New Hartford, New York, be made
subject to the National Electrical Code (NEC), also known as the "National
Fire Protection Association Standard No. 70," as amended, as approved
and adopted by New York State, and whereas, in order to ensure that
the provisions of said National Electrical Code are enforced in the
Town of New Hartford, New York, it is necessary that inspection services
be performed therein by duly qualified and responsible agencies, requiring
the registration of inspection agencies, this chapter is hereby enacted
to provide for the registration of approved electrical inspection
agencies within the Town of New Hartford, New York.
An "approved agency" hereunder shall mean any person, firm or
corporation engaged in the business of performing electrical inspections;
provided, however, that:
A.
Such agency is duly qualified to do business in the State of New
York.
B.
Such agency is acceptable, as an independent electrical inspection
agency, to the electrical utility or utilities furnishing electrical
energy in and to the Town of New Hartford, New York.
C.
All persons acting in a capacity as an electrical inspector shall
be certified by either the International Association of Electrical
Inspectors (Certified Electrical Inspector Master) or the International
Codes Council as an electrical inspector (E1 and E2), or the latest
equivalent rating by either organization. The certification shall
be filed with the Town of New Hartford Codes Department and remain
in full force and effect at all times such inspector conducts inspections
of electrical installations in the Town of New Hartford. An approved
electrical inspection agency shall file with the Codes Department
a copy of the certification for each electrical inspector who shall
operate on its behalf within the Town.
D.
Such agency shall file with the Codes Department suitable proof of
current liability insurance of not less than $3,000,000, including
errors and omissions, for each person and each occurrence, and name
the Town of New Hartford as "additionally insured" to satisfy claims
or judgment for property damage and/or personal injury arising out
of failure of its inspector to properly discharge his or her duties
and responsibilities. Additionally, all agencies shall maintain the
required workers' compensation and disability coverage naming
the Town of New Hartford as a certificate holder.
E.
Such agency shall pay an annual fee of $250, regardless of the number
of inspectors they employ, to perform inspections in the Town of New
Hartford. Registration shall commence on the first working day of
December and end on the last working day of December for the subsequent
year.
[Amended 2-8-2017 by L.L.
No. 1-2017]
F.
Such agency shall provide the Town with a schedule of fees for the
calendar year in which it is applying and in no case change those
fees during that year unless a sixty-day advance notice is given to
the Town.
G.
The Town Board may at any time, upon its own initiative or upon the
recommendation of the Code Enforcement Officer, terminate the authority
of any authorized electrical inspection agency or electrical inspector
to conduct electrical inspections hereunder, and the Code Enforcement
Officer may, upon the noncompliance by such agency or inspector with
the provisions herein or upon the inconsistent application of the
standards for electrical installations to different premises by either,
suspend the approval of any such agency or inspector upon notice to
the Town Board, which suspension shall continue until further action
by the Town Board. Any registration fee paid shall not be reimbursed
unless the Town Board resolves to reimburse said agency.
H.
Each approved electrical inspection agency is hereby authorized to
conduct inspections and reinspections of electrical installations
in buildings and premises within the Town of New Hartford, for compliance
with the Electrical Code, and to approve or disapprove the same, and
in no event shall the cost or expense of such inspections and/or reinspections
be a charge to the Town of New Hartford, and all costs for inspections
or reinspections required by this section shall be paid by the applicant.
Each certified inspector of an approved electrical inspection agency
is hereby designated and authorized to serve as an electrical inspector
for the Town of New Hartford.
I.
No electrical inspector or electrical inspection agency approved
hereunder shall inspect and approve or issue a certificate of compliance
for any property for which there has been issued a notice of noncompliance
by another electrical inspector or electrical inspection agency authorized
hereunder unless the inspection of corrected work was required by
the Code Enforcement Officer of the Town of New Hartford.
A.
It shall be the duty of the inspector to report, in writing, to the
Code Enforcement Officer, whose duty shall be to enforce all the provisions
of this chapter, all violations or deviations from or omissions of
the Electrical Code or the electrical provisions of the New York State
Uniform Fire Prevention and Building Code,[1] as referred to in this chapter, insofar as any of the
same apply to electrical wiring and installations in the Town of New
Hartford, upon written request of the Code Enforcement Officer.
B.
The inspector is authorized to make inspections and reinspections
of electrical wiring, installations, devices, appliances and equipment
in and on properties within the Town of New Hartford where necessary
for the protection of life and property.
C.
In the event of an emergency, or in the event a questionable electrical
installation is observed by a Code Enforcement Officer of the Town
of New Hartford, the Code Enforcement Officer may request that any
approved agency perform an inspection of suspected violations, the
subsequent costs of which shall be paid for by the property owner
or contractor. Any agency called in these situations shall be the
agency of record and shall continue as the inspection agency of record
until all violations are remedied or until their contract is fulfilled.
D.
In all cases, all approved electrical inspection agencies must immediately
notify the Town of New Hartford Codes Department electronically of
all applications and initial inspections of electrical installations,
describing the extent of the work being inspected.
E.
It shall be the duty of the approved electrical inspector to furnish
written reports to the Code Enforcement Officer of the Town of New
Hartford and owners and/or lessees of property where defective electrical
installations and equipment are found upon inspection. He or she shall
also authorize the issuance of a certificate of compliance when electrical
installations and equipment are in conformity with this chapter and
the Electrical Code and only when the prerequisite inspections have
taken place. A copy of such certificate shall be sent to the Town
of New Hartford, to the attention of the Code Enforcement Officer,
and include the building permit number on the report where applicable.
Certificates shall be sent electronically within 48 hours of final
inspection, and a hard copy is to follow no later than 10 days after
final inspection, detailing the extent of the inspection.
F.
All approved electrical inspectors shall be required to provide a
cellular telephone number and e-mail address by which the Town of
New Hartford Codes Department can contact each inspector.
G.
All approved electrical inspectors will be provided with identification
cards which must be displayed at all times during an inspection in
the Town of New Hartford.
Chapter 65 of The Code of the Town of New Hartford accepts the New York State Uniform Fire Prevention and Building Code (Uniform Code) as the building code standard for the Town of New Hartford. Since the Uniform Code accepts "National Fire Protection Association Standard No. 70" (NEC) as the reference standard for electrical codes, the latest version of the NEC or NFPA 70 adopted by the Uniform Code shall be the accepted standard for the Town of New Hartford.
A.
It shall be a violation of this chapter for any person, firm or corporation
to install or cause to be installed or alter electrical wiring (50
volts or greater) in or on properties of the Town of New Hartford,
New York, without obtaining an electrical compliance certificate from
an approved electrical inspector of the Town of New Hartford.
B.
In no case shall an electrical survey be substituted for a full electrical
inspection on new electrical installations. In the event an electrical
inspection is requested or ordered, after electrical work has been
concealed, it shall be the responsibility of each approved electrical
inspector to require any concealed wiring be exposed for the purposes
of inspection to his/her satisfaction so he/she may issue a certificate
of compliance.
C.
It further shall be a violation of this chapter for a person, firm
or corporation to connect or cause to be connected electrical wiring
(50 volts or greater) in or on properties in the Town of New Hartford,
New York, or power to any source of electrical equipment prior to
the issuance of a temporary certificate or a certificate of compliance
by an approved electrical inspection agency.
D.
Further, it shall be a violation for any approved electrical inspection
agency to issue a certificate of compliance without making a thorough
inspection of electrical work.
Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be liable to a civil penalty of a fine and/or imprisonment as prescribed in § 118-124 of the Code of the Town of New Hartford. Each separate day or any portion thereof during which any violation occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided.
The services performed by such approved agency shall be rendered
without cost to the Town of New Hartford, New York; provided, however,
that nothing herein contained shall prevent such agency from charging
fees to private applicants for its said services in accordance with
its published schedule of fees, as the same may be amended from time
to time, which said schedule shall be on file with the Town Clerk.