[HISTORY: Adopted by the Board of Trustees
of the Village of Fayetteville 1-12-1981 by L.L. No. 1-1981; amended in its entirety 1-14-2013 by L.L. No. 1-2013. Subsequent amendments noted where applicable.]
The purpose and intent of this Chapter shall be to coordinate
the inspections and reinspections of all electrical installations
regulated by the National Electric Code, the New York State Fire Prevention
and Building Code, and/or the Code of the Village of Fayetteville
in the Village of Fayetteville.
A.
Scope. Unless otherwise expressly stated, the words and terms shall,
for the purposes of the Code of the Village of Fayetteville, have
the meanings shown in this Chapter.
B.
Interchangeability. Words used in the present tense include the future;
words stated in the masculine gender include the feminine and neuter
genders; and the singular number includes the plural, while the plural
number includes the singular. The word "shall" is always mandatory;
the words "may" or "will" are always permissive.
C.
Terms defined in other codes. Where terms are defined in the National
Electric Code (NEC) or in the Code of Village of Fayetteville and
are defined in the New York State Uniform Fire Prevention and Building
Code (Uniform Code), such terms shall have the meanings ascribed to
them as in those codes.
D.
Terms not defined. Where terms are not defined through the methods
authorized by this Chapter, such terms shall have ordinarily accepted
meanings such as the context implies. Webster's Third International
Dictionary of the English Language, Unabridged, shall be considered
as providing ordinarily accepted meanings.
E.
Parts. Whenever the words "dwelling unit," "dwelling," "premises,"
"building," "rooming house," "rooming unit," "housekeeping unit,"
or "story" are stated in the Code of the Village of Fayetteville,
they shall be construed as though they were followed by the words
"or any part thereof."
F.
APPROVED ELECTRICAL INSPECTOR
CODES ENFORCEMENT OFFICER
COMMERCIAL ELECTRICAL INSPECTOR
ELECTRICAL INSPECTION AGENCY
INSPECTION REPORT FORM
NATIONAL ELECTRIC CODE (NEC)
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE (UNIFORM
CODE) AS AMENDED
RESIDENTIAL ELECTRICAL INSPECTOR
The following words or phrases, as used in this Chapter, are defined
as follows:
A residential or commercial electrical inspector approved
to inspect occupancies in the Village of Fayetteville.
An employee or representative of the Village of Fayetteville
who is appointed or authorized by the Board of Trustees of the Village
of Fayetteville.
An electrical inspector who inspects only assembly, business,
educational, factory industrial, high hazard, institutional, mercantile,
residential other than one- or two-family housing, storage and miscellaneous
occupancies as defined in the New York State Uniform Fire Prevention
and Building Code.
An entity or organization that employs or contracts with
approved residential and/or commercial electrical inspectors.
A form that is approved by the Codes Enforcement Officer
of the Village of Fayetteville on which the electrical inspector or
electrical inspection agency shall report any violation, deviation,
or compliance with the National Electric Code, New York State Uniform
Fire Prevention and Building Code and/or Code of the Village of Fayetteville.
Published by the National Fire Protection Association (NFPA
70-08)
The Residential, the Building, Existing Building, Fire, Mechanical,
Fuel Gas, and Energy Conservation Construction Codes of New York State.
An electrical inspector who inspects only one- or two-family
housing.
A.
The Codes Enforcement Officer shall enforce all provisions of this
Chapter.
B.
The Codes Enforcement Officer shall be and is hereby authorized to
appoint an electrical inspector(s) and/or electrical inspection agency(s)
for the purpose of making electrical and related inspections and reinspections,
at reasonable times and places and upon reasonable notice.
C.
The Codes Enforcement Officer shall be and is hereby authorized to
approve the qualifications of all electrical inspector(s) who, in
his opinion and discretion, are qualified to conduct electrical inspections.
(1)
The minimum qualifications of an electrical inspector shall be in accordance with § 70-3 of this Chapter.
(2)
If an electrical inspector's qualifications are not acceptable,
the electrical inspector or electrical inspection agency may appeal
the Codes Enforcement Officer's decision to the Village of Fayetteville's
Board of Trustees.
D.
In no event shall the cost or expense of such inspections or reinspections
be a charge against the Village of Fayetteville, except that such
inspection or reinspection is:
A.
Residential electrical inspector: successful completion of a certification
course offered by a nationally or New York State recognized agency
such as the International Code Council's (ICC) Test E1; or International
Association of Electrical Inspectors' Test, One- and Two-family
(2A).
B.
Commercial electrical inspector: successful completion of a certification
course offered by a nationally or New York State recognized agency
such as the International Code Council's (ICC) Test E2; or International
Association of Electrical Inspectors' Test, Electrical General
(2B).
C.
Electrical plans examiner: successful completion of a certification
course offered by a nationally or New York State recognized agency
such as the International Code Council's (ICC) Tests E1, E2,
E3, O1 and O2; or International Association of Electrical Inspectors'
Tests 2A, 2B, and 2C.
D.
All inspectors and plans examiners: successful completion of 12 hours
of annual in-service certification course offered by a nationally
or New York State recognized agency such as local chapter of International
Association of Electrical Inspectors; six hours of annual in-service
training by a local chapter of NYSBOC related to electrical requirements
of the Uniform Code can be used to offset the 12 hours of required
annual in-service training.
E.
Proof of successful completion of a certification course offered
by a nationally or New York State recognized agency such as the International
Code Council's (ICC) or International Association of Electrical
Inspectors, and/or attendance at an annual in-service from local chapter
of New York State Building Officials Conference or the International
Association of Electrical Inspectors shall be provided annually to
the Codes Enforcement Officer of the Village of Fayetteville.
F.
Provide annually a certificate of insurance naming the Village of
Fayetteville as additional insured for New York State's workers'
compensation and disability insurance.
G.
Provide annually a certificate of insurance naming the Village of
Fayetteville as additional insured for commercial general, automobile
and umbrella liability insurance for a minimum of $1,000,000.
The duly approved residential and/or commercial electrical inspector
is hereby authorized to issue electrical permits and make inspections
and reinspections, at reasonable times and places and upon reasonable
notice, of all electrical installations regulated and covered by the
NEC, the Uniform Code, and/or the Code of the Village of Fayetteville
in the Village of Fayetteville.
A.
The electrical inspector or electrical inspection agency shall instruct
the applicant to post the permit in a conspicuous place at the work
site within 24 hours upon receiving a permit for an electrical inspection.
B.
Upon issuing a permit for an electrical inspection, the electrical
inspector or electrical inspection agency shall immediately fax or
e-mail a copy of the application and permit to the Village of Fayetteville's
Codes Enforcement Officer.
C.
The electrical inspector or electrical inspection agency shall make
inspections and reinspections of electrical installations in and on
properties in the Village of Fayetteville to verify compliance with
the electrical permit that was issued to the applicant. At a minimum:
(1)
There shall be an inspection prior to enclosing any underground areas,
walls, floors or other framing; after the installation of any appliances
and/or equipment, including smoke and/or carbon monoxide detectors
that are hard-wired, generators, solar panels, wind turbines, etc.
(2)
Determine compliance with regard to:
(a)
Material, receptacles, plug fuses, non-ground-type receptacles
and grounding of appliances;
(b)
New installations, existing installations, enclosed areas, kitchens
laundry areas, ground fault circuit interruption, minimum lighting
outlets, utility rooms and basements and clearance for equipment;
and
(c)
Unsafe conditions, service upgrade and number of electrical
outlets.
(3)
Verify that all electrical panels, electrical wiring and equipment
are safe, not hazardous and not being overloaded.
(4)
Confirm that all old wiring, not being used, is removed or properly
capped.
D.
Upon completion of an in-ground, aboveground, rough-in and/or final
inspection, the electrical inspector or electrical inspection agency
shall post in a conspicuous place at the work site an inspection report
form that details what was inspected and whether or not it was in
compliance with the electrical provisions of the NEC, the Uniform
Code, and/or the Code of the Village of Fayetteville as referred to
in this Chapter, insofar as any of the same apply to electrical wiring.
With reference to the Uniform Code, the electrical provisions shall
include, but are not limited to:
(1)
Residential Code of New York State.
(b)
Chapter 34, Electrical Definitions.
(c)
Chapter 35, Services.
(d)
Chapter 36, Branch Circuit and Feeder Requirements.
(e)
Chapter 37, Wiring Methods.
(f)
Chapter 38, Power and Lighting Distribution.
(g)
Chapter 39, Devices and Luminaries.
(h)
Chapter 40, Appliance Installation.
(i)
Chapter 41, Swimming Pools.
(3)
Existing Building Code of New York State.
(a)
Chapter 3, Prescriptive Compliance Method, Section 302.6 Electrical
(Additions, Alterations or Repairs).
(b)
Chapter 3, Prescriptive Compliance Method, Section 305.6 Electrical
(Change of Occupancy).
(c)
Chapter 5, Repairs, Section 507, Electrical.
(d)
Chapter 7, Alterations - Level 2, Section 708, Electrical.
(4)
Mechanical Code of New York State.
(a)
Chapter 3, General Regulations, Section 301.7, Electrical Installation.
E.
The electrical inspector or electrical inspection agency shall immediately
fax or e-mail a copy of the inspection report form to the Codes Enforcement
Officer, owners and/or lessees of a property where electrical installations,
wiring and/or installation(s) are found to be in violation or deviation
from or omissions of the electrical provisions of the NEC, the Uniform
Code, and/or the Code of the Village of Fayetteville as referred to
in this Chapter.
F.
The electrical inspector or electrical inspection agency shall make
inspections and reinspections of electrical installations in and on
properties in the Village of Fayetteville upon written request of
the Codes Enforcement Officer, Chief of the Fayetteville Fire Department,
Superintendent of the Department of Public Works, the Mayor or as
herein provided.
G.
In the event of an emergency, the electrical inspector or electrical
inspection agency shall make inspections of electrical installations
in and on properties in the Village of Fayetteville upon the oral
request of the Codes Enforcement Officer, Chief of the Fayetteville
Fire Department, Superintendent of the Department of Public Works,
the Mayor or as herein provided.
H.
The electrical inspector or electrical inspection agency are authorized
to make inspections and reinspections of electrical wiring, installations,
devices, appliances and equipment in or on properties within the Village
of Fayetteville where they deem it necessary for the protection of
life and property.
I.
The electrical inspector or electrical inspection agency are authorized
to issue an electrical temporary certificate of occupancy or certificate
of compliance if a building or other structure or a designated portion
of a building or other structure is sufficiently complete so that
it may be put to the use for which it is intended.
(1)
A temporary certificate of occupancy or certificate of compliance
shall expire 90 days from the date of issuance of the certificate
of occupancy or certificate of compliance.
J.
The electrical inspector or electrical inspection agency shall issue
a temporary or final certificate of occupancy or certificate of compliance
to the applicant when electrical installations and equipment are in
conformity with electrical provisions of the NEC, the Uniform Code,
and/or the Code of the Village of Fayetteville as referred to in this
Chapter.
K.
A copy of the temporary or final certificate of occupancy or certificate
of compliance shall be faxed or e-mailed to the Village of Fayetteville's
Codes Enforcement Officer within 24 hours upon issuance of the temporary
or final certificate of occupancy or certificate of compliance with
a copy of the form that details what was inspected and whether or
not it was in compliance at the time of the rough-in and final inspections.
A.
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.
B.
This Chapter shall not apply to any building which is owned or leased
in its entirety by the government of the United States or the State
of New York.
This Chapter shall not be construed to relieve from or lessen
the responsibility of any person owning, operating, controlling or
installing any electrical wiring, devices, appliances or equipment
for loss of life or damage to person or property caused by any defect
therein, nor shall the Village of Fayetteville or duly appointed approved
electrical inspector or an inspection agency who employs such inspector
that is approved by the Codes Enforcement Officer be deemed to have
assumed any liability by reason of any inspection made pursuant to
this local law.
A.
It shall be a violation of this Chapter and § 78-3A and B for any person, firm or corporation to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties of the Village of Fayetteville until an application for inspection has been filed with a designated electrical inspector.
(2)
When a utility, fire department, or other emergency personnel disconnects
the electricity to a building or portions of a structure, it shall
not be re-energized without an inspection by an electrical inspector
or electrical inspection agency (that employs such approved electrical
inspector).
B.
It shall be a violation of this Chapter for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power, including transformers or fuel, solar or wind generators to any source of electrical energy supply prior to the issuance of an electrical permit (See § 70-5.) by the electrical inspector or electrical inspection agency.
C.
It shall be a violation of this Chapter for a person, firm or corporation who is a property owner or leasing agent to permit the occupancy of any building or other structure that has not been issued a valid temporary or final certificate of occupancy or certificate of compliance by the electrical inspector or electrical inspection agency where one is required by this Chapter or § 78-7.
D.
It shall be a violation of this Chapter for a person to knowingly reside in or occupy any building or other structure that has not been issued a valid temporary or final certificate of occupancy or certificate of compliance by the electrical inspector or electrical inspection agency where one is required by this Chapter or § 78-7.
E.
It shall be a violation of this Chapter or § 78-7 for a building or other portions of a structure to be erected, repaired, altered or requiring a change of occupancy, subject to the Uniform Code and/or this Chapter, to be used or occupied, except to the extent provided in this section, until a temporary or final certificate of occupancy or certificate of compliance has been issued.
