[HISTORY: Adopted by the Legislature of the County of Putnam 12-30-1991 by L.L. No.
2-1992; amended in its entirety 9-5-2017 by L.L. No.
9-2017. Subsequent amendments noted where applicable.]
This chapter of the Code of Putnam County shall be entitled
and known as the "Putnam County Electrical Licensing Law."
It is the intent of this chapter to regulate and license the
business of electricians within the County of Putnam in order to protect
and promote the health, safety and welfare of the residents of Putnam
County. This chapter, which amends L.L. No. 2-1992 (and any amendments
thereto), seeks to protect against the loss of life and property by
seeking to ensure, through examination and licensure, that the installation
and repair of electrical wiring is undertaken by persons with experience
and training in the field of installing, altering and/or repairing
electrical wiring and appliances for light, heat, cooling, power (including
solar), and signaling systems.
The provisions of this chapter shall not apply to persons engaged
solely in the following types of activities:
A.
The sale of ordinary electrical appliances and devices.
B.
The attachment or plug in of ordinary electrical appliances and devices
to existing electrical circuits, provided that no joining and/or splicing
of electrical conductors is required.
C.
The installation (excepting the installation of electrical feeds),
maintenance or repair of elevators, dumbwaiters and escalators.
D.
The repair of heating systems other than electrical heating systems.
E.
Any work involved in the manufacture, assembly, testing or repair
of electrical machinery, apparatus, materials or equipment performed
by a person, firm or corporation whose primary business consists of
electrical manufacturing.
F.
Any work performed in connection with the erection, construction,
maintenance and/or repair of lines and facilities for the generation,
transmission and delivery of electricity by an electric utility and/or
corporation (as defined by the New York Transportation Corporations
Law); nor to any work performed by such companies in connection with
the installation, maintenance and/or repair of service connections,
meters and other apparatus on a consumer's premises, provided that
such apparatus remains the property of such company.
G.
Emergency repairs of wiring and/or electrical apparatus performed
by a utility corporation necessary for the protection of life and/or
property.
H.
Any work performed by a company for transmission of electronic data
and information, excluding communication services up to their demarcation
point, in connection with the installation, maintenance and/or repair
of electrical wiring or apparatus.
I.
Any electrical work performed by or in furtherance of the business
and/or operation of a telephone, radio broadcasting system, amplifiers,
or any device that generates a signal, provided that such work is
an integral part of providing a duly authorized service to the general
public and excepting electrical work performed in the administration
offices of such companies.
J.
Electrical work performed by or pursuant to contract with any federal
or state government agency.
[Amended 12-18-2019 by L.L. No. 1-2020; 10-5-2021 by L.L. No. 11-2021]
For the purposes of this chapter, the following terms shall
have the following meanings, unless otherwise indicated by context:
A written notice issued and subscribed by the Director of
Consumer Affairs, or his or her designee, directing a person to appear
at a designated future time in connection with the alleged commission
of a violation of this chapter. A notice conforming to such definition
constitutes an appearance ticket even if referred to by any other
name or title.
The Board of Electrical Examiners for the County of Putnam
as provided for by the provisions of this chapter.
As used in this chapter, the term "business entity" shall
include any corporation, partnership, limited partnership or joint
venture formed for the purpose of engaging in the business and/or
trade of electrical work and low-voltage/limited-data communications.
All references to the "County" will be to the County of Putnam,
unless otherwise indicated.
The County Executive of Putnam County.
Any and all removal, relocation, disconnection or disassembly
of electrical equipment, live or dead.
The Director of the Putnam County Office of Consumer Affairs/Weights
and Measures/Trades Licensing and Registration.
The installation, erection, alteration or repair of electrical
wiring, apparatus, fixtures, devices or other equipment used or to
be used for the transmission of electricity for electric light, heat,
cooling, power (including solar), signaling, communication, alarm
or data transmission.
A specific number of memberships established in the rules
governing an organization. Specifically, the fixed membership of the
Board of Electrical Examiners is nine.
A person who is registered in Putnam County while employed
by and working under the supervision of a licensed master electrician
or journeyman electrician.
A person who has successfully completed an examination for
licensure as a journeyman who works within the County and is employed
by and works under the supervision of a licensed master electrician,
with a minimum of 10,000 hours of experience as a helper or equivalent.
The Putnam County Legislature.
A license issued by the Board to persons who have successfully
completed an examination for master electrician, special electrician,
low-voltage/limited-data communications technician and journeyman
electrician as provided for by the provisions of this chapter. The
terms "licensed" or "licensing" as used in this chapter shall also
specifically refer to a Putnam County issued license.
Any person licensed by the State of New York as provided
in Article 6-D of the New York State General Business Law for installing
fire and security systems along with associated equipment.
Any person with a minimum of 8,000 hours' experience
who has successfully completed an examination for licensure in low-voltage/limited-data
communications technician, who furnishes and/or installs, repairs,
maintains or alters cabling systems for computer networking, telecommunications,
cable television, intercom, audio/video, fiber optics, video surveillance
systems and any other system operating at 90 volts or less and a maximum
of five amperes where such work commences at an outlet receptacle
or connection previously installed by a person holding the proper
electrical license. For purposes of this definition, any master electrician
is qualified to do the work of a low-voltage/limited-data communications
technician.
Any person who has successfully completed a minimum of 10,000
hours' experience as a helper and a minimum of 5,000 hours'
experience as a journeyman electrician (or their equivalent), who
has successfully passed an examination for licensure as a master electrician
and who performs or supervises the installation, erection, extension,
alteration and/or repair of electrical wiring, apparatus, fixtures,
devices or other equipment utilized or designed for the utilization
of electricity for light, heat, cooling, power (including solar) or
signaling.
A written notice setting forth the particulars of the alleged violation(s) of this chapter, the date and time of the hearing, and the hearing procedures set out in § 135-22B(1).
For purposes of this chapter, the term "person" shall include
an individual, partnership, corporation, business organization or
other similar entity.
Any person who is in the exclusive employ of the owner, lessee
or manager of particular buildings or other structural facilities
and whose employment consists solely of the work of a licensed master
electrician as defined herein.
Evidence that a reasonable mind could accept as adequate
to support a conclusion; evidence beyond a scintilla.
In addition to such other powers and duties as may be provided
for by local law, the Director shall be responsible for the direct
daily supervision of the Secretary to the Board, the Compliance Enforcement
Officer(s) and any other employees of the Office of Consumer Affairs/Weights
and Measures/Trades Licensing and Registration.
[Amended 12-18-2019 by L.L. No. 1-2020]
A.
Board established. There shall be a Board of Electrical Examiners ("Board") consisting of nine members, each of whom shall be a resident of the County or own a business within the County. (See definition of "fixed membership," § 145-4.)
B.
The Board shall interview all candidates for Board membership and
submit its recommendations with all candidates' resumes to the Legislature.
C.
Board members shall be appointed by a majority vote of the Legislature.
Board members shall serve a term of three years and at the pleasure
of the Legislature.
D.
Composition of board. The composition of the Board shall be a representative
group of people ranging from those with no experience to a master's
level experience with the electrical trade or working as an electrician.
However, the Board must contain at least one electrician at all times.
At no time, shall the composition of the Board interfere with the
viability of the Board to perform its duties and to adhere to its
responsibilities. A representative group may include:
(1)
Licensed, shelved, or former master electricians.
(2)
Licensed, shelved, or former journeymen.
(3)
General contractors who have been in business in Putnam County for
a minimum of seven years.
(4)
Representatives of New York State Electric & Gas (NYSEG), Central
Hudson Gas & Electric (CHGE), Con Edison, or any successors in
interest thereof.
(5)
Licensed, shelved, or former low-voltage/limited-data communications
technicians.
(6)
Citizens who have never been licensed by the County of Putnam to
perform electrical trade work or work as an electrician.
(7)
Current or former Building Inspectors.
(8)
Current members of an electrical union.
E.
Secretary. There shall be a Secretary to the Board who shall be appointed
by the County Executive. The Secretary shall report to the Director
of the Office of Consumer Affairs, Weights and Measures and Trades
Licensing.
F.
Chairperson and Vice Chairperson. The Board, by majority vote of
the fixed Board, shall elect a Chairperson and Vice Chairperson, each
of whom shall serve a one-year term.
G.
Quorum. A majority of the fixed membership of the Board shall constitute
a quorum for the transaction of business. A quorum may be achieved
by members attending in person or by Board-approved electronic means
that allow for simultaneous visual and aural communication throughout
the entire deliberative session.
H.
Vacancies. In the event of a vacancy on the Board, the Board shall
send its recommendation to the Legislature and the remainder of the
vacating member's term shall be filled by appointment by the Legislature.
I.
Removal. A Board member may be removed by majority vote of the Legislature
for misconduct or malfeasance in office, incompetence, incapacity,
neglect of duty, chronic absenteeism, or other good and sufficient
cause.
The Board shall have the following powers and duties:
A.
Rules and regulations. The Board shall promulgate its own rules and
regulations with respect to its proceedings and with respect to any
matter over which it has jurisdiction, including the conduct of examinations,
subject to guidelines set forth in the Putnam County Legislative Manual
for the setting of agendas, conduct of meetings, and keeping of minutes.
The rules and regulations established by the Board shall not supersede
the provisions of this chapter. The Board shall prepare a manual of
its duly adopted rules and regulations, which shall be made available
for public inspection, and file the same with the Clerk of the Legislature.
The Board shall file with the Clerk of the Legislature a copy of every
rule, regulation and/or amendment thereto, and every decision, determination
and/or appeal thereof, and the same shall be public record.
B.
Meetings. The Board shall hold at least seven meetings a year at
the call of the Chairperson and at such other times as the Board may
determine necessary or desirable for the efficient discharge of the
business of the Board at the call of the Chairperson or upon written
request by two Board members. All members shall be provided with a
minimum of one week's prior written or oral notice of a meeting or
otherwise to the extent practicable at a reasonable time prior to
the meeting.
C.
Minutes/voting records. The Board shall keep minutes of its meetings
and proceedings which shall consist of a record or summary of all
motions, proposals, resolutions and any other matter formally voted
upon and shall include a record of the final vote of each member,
including any abstentions (and the reason therefor) or absences.
(1)
Within two weeks from the date of such meeting, the Secretary shall provide the members of the Board with copies of the proposed minutes and shall make copies of such minutes available to the public. The minutes made available to the public shall be clearly identified as "draft" and/or "unapproved." Upon approval of the minutes pursuant to Subsection C(2) and (3) of this section, the Secretary shall replace any draft or unapproved minutes available for public inspection with a copy marked "approved."
(2)
The Board shall consider draft and/or unapproved minutes for approval
at the next regular Board meeting.
(3)
Any mistakes, errors or omissions noted by the Board shall be corrected
by the Secretary, and the revised minutes shall again be considered
by the Board.
(4)
Within 30 days after approval by the Board, the minutes shall be
filed with the Clerk of the Legislature.
(5)
The Office of Consumer Affairs shall retain all tape recordings for
one year.
D.
Records. The Board shall maintain a record of all licenses and registrations
issued, suspended or revoked under the provisions of this chapter
in accordance with Putnam County's records retention and disposition
policy.
E.
Examinations and qualifications. The Board shall prescribe the licensing examinations for assessing an applicant's knowledge and expertise in the field of electrical work. In addition to prescribing written examinations, the Board shall investigate the qualifications, fitness and employment history of any applicant requesting licensure pursuant to this chapter. The Board may require, as a condition of examination, that the applicant provide documentation and/or information relating to current or prior employment, qualifications and fitness, as set forth in § 145-9.
F.
Licenses/registrations for master electrician, special electrician,
low-voltage/limited-data communications technician, journeyman electrician
and helper electrician. Upon successful completion of the requisite
examination(s) and upon the Board's satisfaction of the applicant's
qualifications for the license and/or registration sought, the Board
shall grant and issue periodic licenses/registrations for master electrician,
special electrician, low-voltage/limited-data communications technician,
journeyman electrician and helper electrician. Licenses and registrations
shall be signed by the Chairperson or, in his/her absence, the Vice
Chairperson or the Director.
G.
Complaints. The Board shall have the power to hold hearings on charges of violations of this Code, to make formal findings of facts and to impose civil penalties and sanctions in accordance with the law. See § 145-22C.
H.
Subpoena power. Pursuant to New York Civil Practice Law and Rules
§ 2302(a), the Board shall have the power to issue, and
cause to be served, subpoenas for the production of books, records
and documents and appearance of witnesses at any duly convened hearing
of the Board.
I.
J.
Recommendations. The Board shall make recommendations to the Legislature
regarding any matter relating to the administration of this chapter,
including proposed amendments thereto.
K.
Suspension/revocation/civil penalties. The Board shall have the power
to suspend and/or revoke licenses and registrations issued hereunder
and/or assess and impose civil penalties for cause as prescribed by
the provisions of this chapter.
L.
Experts/consultants. Subject to legislative approval and appropriation
of funds, the Board may hire experts and/or consultants and pay for
their services as may be necessary and appropriate in the conduct
of its business.
M.
Oaths. The Chairperson of the Board or his/her designee shall be
empowered to administer oaths.
A.
No person shall engage in, carry on or conduct the business or trade
of master electrician, low-voltage/limited-data communications technician,
special electrician, journeyman electrician, or helper electrician
within the County of Putnam unless duly licensed or registered in
accordance with the provisions of this chapter. Building renovations
and demolitions that involve electrical work require a licensed electrical
contractor for all electrical work.
B.
No person shall represent himself or herself to be, or hold himself
or herself out to the public, or advertise as, or offer or contract
to perform the work of a master electrician, low-voltage/limited-data
communications technician, special electrician, journeyman electrician
or helper electrician within the County of Putnam unless duly licensed/registered
pursuant to this chapter.
C.
Nothing contained in this chapter shall be construed to obviate the
need for procuring any and all permits otherwise required by law for
the performance of electrical work in the County of Putnam.
D.
The Putnam County Electrical Board works in cooperation with Putnam
County municipalities to ensure that all electrical work has been
inspected for safety and is in compliance with the current Code.
[Amended 12-18-2019 by L.L. No. 1-2020]
A.
Written application. Written applications for licensure or registration
as a master electrician, special electrician, low-voltage/limited-data
communications technician, journeyman electrician or helper electrician
shall be submitted to the Secretary of the Board on the form prescribed
by the Board. At a minimum, each application shall set forth the applicant's
name, residence address, business address, email address (if applicable),
telephone numbers and trade names plus such additional information
concerning his or her qualifications and history, including any criminal
record, as the Board may request. Applicants shall include satisfactory
evidence to demonstrate to the Board that they are competent electricians
and qualified to perform electrical contracting, construction and/or
installation work; have working knowledge of electricity, including
the laws, properties and functions of electricity and electrical apparatus;
practical working knowledge of the National Electric Code and all
other applicable provisions of Ohm's Law pertaining to the installation,
repair and maintenance of electrical wiring and apparatus. All applications
shall be signed by the applicant, whose signature shall be notarized.
Applications must be made in the name of the individual seeking licensure.
If the applicant is an officer, owner or employee of an electrical
contracting business, partnership or corporation, then the application
shall set forth the names of all officers and owners thereof as of
the date of application.
B.
Proof of current and prior employment, qualifications and fitness
for licensure. All applicants must provide proof of experience by
providing documentation and information relating to current and prior
employment, qualifications, education and fitness for licensure. Proof
of employment must include the name and address of the current/former
employer, the length of time the applicant worked for the current/former
employer and the type of work the applicant performed while working
for the current/former employer. In addition, one or more of the following
may be required for adequate proof of employment:
C.
Upon receipt of a complete application, including the application
fee, for license testing, the Secretary shall forward a copy of the
same to the Chairperson of the Board.
D.
Board review. Upon receipt of an application to test for a license,
the Board shall review such application to ascertain whether or not
the applicant possesses the minimum qualifications necessary. At the
discretion of the Chairperson, a committee of Board members could
be convened to review and vote upon an individual's application before
being sent to the full Board for final review and vote. Once an affirmative
vote of a majority of the fixed Board has been made, the applicant
shall be permitted to take the licensing examination.
E.
Written examination.
(1)
Either the Board or an approved testing agency shall provide written
examinations. Should the Board administer the examination, it shall
be monitored by at least two members of the Board, who shall sign
their names to all parts of the applicant's examination. The date,
time and place of testing shall be determined by the Board or the
approved testing agency. The Board shall provide applicants with written
notice of testing dates. Results of every examination administered
under the provisions of this chapter shall be kept on file in accordance
with the Putnam County's document retention policies.
(2)
Passing grade. Applicants must receive a grade of 75% or higher on
the written examination to qualify for licensure. Applicants shall
be notified of the results of their written examinations within 30
business days after the date of the examination. Activation of licensure
within one year of passing the exam is required.
(3)
If, within one year from application approval, the applicant wishes
to retest, a reapplication fee must be submitted for each retest (see
Fee Schedule). The fee for the examination itself is separately determined
and handled by the testing entity.
(4)
If, after one year from application approval, the applicant has not
passed the examination, a new complete application and application
fee must be submitted to continue seeking licensure (see Fee Schedule).
The fee for the examination itself is separately determined and handled
by the testing entity.
F.
Fees. The fees for applications, licensing, renewal and other fees
provided for under the provisions of this chapter shall be proposed
by the Board and set by resolution of the Legislature. All fees collected
under the provisions of this chapter are nonrefundable.
G.
Exceptions to testing requirements. For possible examination waiver, please see § 145-16, Reciprocity.
H.
Child support obligations. Under New York State General Obligations
Law § 3-503, all applicants for a license or renewal license
must complete a New York State Department of Labor Form GO 1, Appendix
to a License Application, regarding the applicant's child support
obligations.
A.
Initial issuance. Upon approval of an application, successful examination
and payment of the appropriate licensing fee, the Board shall issue
a license/registration to the approved applicant, together with indicia
of licensure or registration evidencing the same (which shall remain
the property of the County of Putnam). Licenses/registrations shall
be issued to individuals only.
B.
Licensing/registration fees. The amounts for licensing/registration
and renewal fees shall be proposed by the Board and set by resolution
of the Legislature. Such fee must be paid by the applicant prior to
the issuance of a license/registration or renewal thereof by the Board.
The fees for applications, licensing/registration, renewal and other
fees provided for under the provisions of this chapter are nonrefundable.
C.
All licenses/registrations shall be numbered in the order in which
they are issued and shall contain such information as prescribed by
the Board.
D.
Licensing and registration term.
(1)
Each master license and low-voltage/limited-data communications technician
license issued hereunder shall expire on the next succeeding 31st
day of December.
(2)
Each journeyman electrician license shall be issued for a two-year
period expiring on the second succeeding 30th day of September and
shall be issued upon the payment of a two-year fee. Thereafter, such
journeyman electrician license shall expire on the 30th day of September
of the licensed term.
E.
Continuing education. Beginning in the year 2019, all new and renewal
licenses shall be subject to the applicant submitting proof of having
completed a continuing education course that has been approved by
the Board. Since this is a new requirement, the Office of Consumer
Affairs will provide up-to-date details with all its written communications
to applicants, on its posted office information and on its website
that will allow ample time for the applicant to comply.
F.
Renewals. Applications for renewal of a license/registration duly
issued under the provisions of this chapter shall be submitted to
the Secretary of the Board on the form prescribed prior to the expiration
date of the license/registration and shall be accompanied by the appropriate
licensing/registration fee.
G.
Late renewal. If application for renewal is not made within the time
prescribed herein, the Board, in its sole discretion, may nevertheless
renew the license/registration. In such event, before the Board may
issue a renewal, the licensee/registrant must pay the appropriate
late fee, as set by the Board and approved by the Legislature, in
addition to the renewal licensing/registration fee.
H.
Revocation of renewal privileges. Failure to renew a license issued
under the provisions of this chapter within 90 days after expiration
thereof may result in the complete revocation of all renewal privileges
hereunder. Any person desiring a license after such revocation of
privileges may be required to reapply for licensure in accordance
with the provisions of this chapter, including the payment of all
applicable fees and successful reexamination.
I.
Severance of business ties. Whenever a licensed master electrician
representing an electrical contracting business, which operates under
a trade, partnership or corporate name, severs his or her relationship
with such business, it shall be the duty of the licensee and the business
to notify the Board of such action within 30 days from the date thereof.
Failure to do so shall be deemed sufficient cause for:
J.
Presentation on demand. All licensees and registrants shall be required
to present evidence of licensure or registration, upon demand by the
Director and/or the Compliance Enforcement Officer(s). Failure to
do so shall constitute a violation of this chapter.
(1)
All licensed master electricians shall require all workers in his/her
employ to carry a Putnam County master, journeyman or helper electrician
identification at all times while on the job site. A violation of
this section shall subject the licensed or registered employee to
a civil penalty as provided for in this chapter.
(2)
Should a licensed or registered employee be charged with a violation of § 145-10J(1) for not carrying identification, the licensed or registered employee shall have two County business days from the date of receipt of an appearance ticket to produce the worker's identification to the Office of Consumer Affairs to avoid a civil penalty.
K.
Military service exception. In the event a licensee/registrant is
called to active duty in the United States military, his or her license
shall be deemed "inactive status" during the period of such active
duty. Upon return from active duty and presentation to the Secretary
of the Board of proof of the dates of active duty, such license or
registration shall be reactivated effective the day after the last
date of active duty. Provided that active duty deployment was greater
than 30 days, the licensee/registrant will be credited for each day
of active duty, and the term of his/her license/registration shall
be credited and all applicable fees will be prorated accordingly.
This exception shall be retroactive to account for any deployment
occurring after September 11, 2001.
[Amended 12-18-2019 by L.L. No. 1-2020; 10-5-2021 by L.L. No. 11-2021]
A.
No person who is licensed pursuant to this chapter shall hire any
person to perform services of a journeyman electrician in Putnam County
unless such person has obtained a journeyman electrician license pursuant
to the requirements of this chapter.
B.
No person who is licensed pursuant to this chapter shall hire any
person to perform services of a helper electrician in Putnam County
unless such person has registered as a helper electrician under this
chapter.
C.
Any licensed master electrician who has hired a licensed journeyman
electrician or registered helper electrician to perform work must
supervise such work as required by this chapter.
D.
No person who is licensed as a journeyman electrician may perform
work within Putnam County unless such work is performed under the
employment and supervision of a licensed master electrician.
E.
No person who is registered as a helper electrician may perform work
within Putnam County unless such work is performed under the employment,
direct supervision, and control of a licensed master electrician or
in the presence of a licensed journeyman.
F.
A licensed master electrician shall respond to the Board's requests
for specific employment information regarding the licensed journeymen
and registered helper electricians employed by the licensed master
electrician. The licensed master electrician must provide the specific
information requested by the Board within the specified time frame
of such request.
[Amended 10-5-2021 by L.L. No. 11-2021]
A.
The Board shall have the power to suspend or revoke any license/registration
duly issued under the provisions of this chapter upon a showing, made
in accordance with the rules and regulations of the Board and supported
by substantial evidence, that:
(1)
The licensee and/or registrant violated any provision of this
chapter, the rules and regulations of the Board, or any other law,
code, rule or ordinance pertaining to electrical trade, including,
but not limited to, the National Electrical Code that relates to health
and safety; or
(2)
The licensee and/or registrant is unfit or incapable of performing
or engaging in the trade for which he or she is licensed, as evidenced
by substantiated complaints and/or charges filed against the licensee
and/or registrant with the Board.
B.
Prior to taking action to suspend or revoke a license or registration,
the Board shall provide notice and conduct a hearing in accordance
with the procedures set forth in the provisions of this chapter.
C.
In the event the Board suspends or revokes a license or registration issued hereunder, it shall set forth in writing the reasons supporting such determination and provide a copy of the same to the licensee/registrant within 10 days after the close of the hearing provided for in § 145-22.
D.
In the event of suspension, said determination shall set forth the
term of the suspension.
E.
In the event of revocation, the licensee/registrant shall not be
eligible for relicensing/reregistration for a period of one year after
the date of the written determination of the Board, and only then
after successful reexamination in accordance with the provisions of
this chapter.
The following acts are strictly prohibited:
A.
Abandonment or failure to perform, without justification, any contract
for electrical work or project engaged in or undertaken by the contractor.
B.
Making any material misrepresentation in the procurement of a contract
for electrical work, or making any false promise likely to influence,
persuade or induce.
C.
Any fraud in the execution of or in the material alteration of a
contract for electrical work, or making any false promise likely to
influence, persuade or induce.
D.
Any fraud in the execution of or in the material alteration of any
contract, promissory note or other document incident to a contract
for electrical work.
E.
Making a false statement or providing false information in making
an application for licensure or registration, including a renewal
or duplicate.
F.
Making a false statement or providing false information when responding
to the Board's request for information regarding licensed journeymen
electricians and registered helper electricians employed or formerly
employed by the licensed master electrician.
G.
Demanding or receiving any payments prior to the signing of a contract
for electrical work.
H.
Directly or indirectly publishing any advertisement relating to electrical
work which contains an assertion, representation or statement of fact
which is false, deceptive or misleading.
I.
Violation of the building, sanitary and health laws of this state
or of any political or municipal subdivision thereof.
J.
Failure to notify the Board, in writing, of any change or control
in ownership, management or business name or location.
L.
Conducting an electrical business in any name other than the one
in which the contractor is registered.
M.
Failure to respond to the Board's request for information regarding
the licensed journeymen electricians and registered helper electricians
employed or formerly employed by the licensed master electrician.
N.
Failure to comply with any order, demand or requirement made by the
Director or Board pursuant to the various provisions of this chapter.
O.
Failure to maintain the proper insurance, surety license and permit bond, as required by § 145-25 hereof.
P.
Any fraud in recommending the installation, repair or replacement
of any item the electrician knew or should have known was not required.
Q.
Work which is not consistent with New York State building codes,
local codes, reference standards or any other applicable codes.
All electrical work performed within Putnam County for which
a license is required under the provisions of this chapter shall be
performed in conformity with all applicable laws, rules, regulations,
standards and/or building codes relating to the installation, repair,
extension and/or alteration of electrical work. In every case where
no specific type or class of material and/or no specific standards
are prescribed by law, conformity with the regulations and requirements
contained in the current National Electric Code shall constitute prima
facie evidence of conformity with approved standards for safety to
life and property.
All electrical work performed in Putnam County must be filed
for inspection with an electrical permit application with the Putnam
County Office of Consumer Affairs prior to commencement of work. A
violation of this section shall subject such person to civil penalties
as provided for in this chapter. The only exception to this requirement
is for any municipality within Putnam County that has opted out of
the Intermunicipal Agreement with Putnam County for Residential and
Commercial Electrical Inspections (IMA).
The inspections made and the certificates of compliance issued
by any Putnam County-approved electrical inspection agency or electrical
inspector for any electrical installation within the County of Putnam
shall be deemed by the Board as evidence of proper installation.
[Amended 10-5-2021 by L.L. No. 11-2021]
A.
Upon receipt of the appropriate licensing fee, the holder of a valid
special electrician license shall be permitted to transfer such license
to a newly designated employer or location at no additional cost.
In such event, a new special electrician license shall be issued by
the Board designating the new employer and/or location. The newly
issued license shall expire in accordance with the term of the originally
issued special electrician license. The original special electrician
license, and/or any copies, shall be surrendered to the Board at the
time of application for transfer.
B.
No holder of a master electrician license, special electrician license, low-voltage/limited-data communications technician license, journeyman electrician license or helper electrician registration duly issued under the provisions of this chapter shall, directly or indirectly, authorize, consent to or permit the use of his or her license or registration by or on behalf of any other person or business entity. A violation of this section may be grounds for immediate revocation or suspension of license or registration in accordance with § 145-10.2 of this chapter and shall subject such licensee to penalties as provided for in this chapter.
C.
In addition to its ordinary meaning, a license or registration shall
be deemed to have been assigned or transferred within the meaning
of this chapter if a licensee/registrant or the employer of a licensee/registrant
is not actually engaged in the performance of electrical work and
secures the performance of electrical work by another person.
A.
The Board, with the approval of the County Executive, may waive the
examination requirements and issue a master electrician's license
to any person holding an equivalent current and valid license issued
by other political subdivisions of the State of New York outside of
Putnam County, provided that, in the judgment of the Board, the qualifications
for such licenses by such other political subdivisions are substantially
similar to those required by or permitted pursuant to this chapter.
Furthermore, such political subdivision shall similarly issue a license
without examination to an individual with such qualifications licensed
in Putnam County, as evidenced by local law and/or resolution by such
political subdivision. Both Putnam County and the political subdivision
shall file these reciprocity agreements with their respective County
or Town Clerk. All other requirements for licensure provided for by
this chapter remain applicable to such persons. Such persons are subject
to all provisions of this chapter.
B.
Licenses and registrations issued pursuant to this section may be
renewed in accordance with the provisions of this chapter.
C.
All persons holding a reciprocal license issued under this section
shall be subject to the provisions of this chapter.
A.
No person who has not qualified for and obtained a license or registration
issued under the provisions of this chapter shall represent himself
or herself to the public as, or engage in the work of, a licensed
electrician, licensed journeyman electrician, or registered helper
electrician in Putnam County.
B.
A violation of this section shall subject such person to civil and/or
criminal penalties as provided for in this chapter, except that a
master electrician shall be solely responsible for any and all unregistered
or unlicensed employees.
A.
Each person issued a license or reciprocal license under this chapter
will be issued a written certificate of license and a personal identification
card, each of which will contain the holder's name, Putnam County
license number, and the expiration date thereof.
B.
The personal identification card must be in the holder's possession
at all times while on a job site, and available for inspection.
C.
Each master electrician issued a license under this chapter will
also be issued a vehicle decal, which must be affixed prominently
on all vehicles owned, leased or used by the license holder in the
performance of his or her trade or business.
D.
All vehicles which are owned, leased or used in the name of a business
entity, the owners, principals and/or employees of which are subject
to the provisions of this chapter, must prominently display the business
name.
E.
All Putnam County vehicle decals must be removed prior to the sale
of such vehicle.
F.
Failure to comply in any manner with the provisions of this section
shall be a violation of this chapter and shall subject the licensee
and/or holder to the sanctions provided for herein.
[Amended 12-18-2019 by L.L. No. 1-2020; 12-17-2020 by L.L. No. 1-2021]
Upon written request by any individual licensed under this chapter,
a license may be shelved subject to the following:
A.
Shelving of master electrician.
(1)
Proof
that any open electrical permit applications have been closed.
(2)
The
granting of a request for shelved status shall not be deemed or otherwise
considered a suspension of license.
(3)
Shelved
status may be granted for a period of one year.
(4)
The
period of shelved status shall commence upon expiration of the current
year.
(5)
On
or before December 31 of each year of shelved status, the licensee
must submit a shelving affidavit.
(6)
A
fee shall be assessed against the licensee during any period of approved
shelved status.
(7)
Licensees
can shelve in consecutive years for a maximum of five years without
Board approval. If the licensee wishes to extend shelving beyond five
years, the licensee must submit a letter to the Board providing a
satisfactory reason for continued shelving.
(8)
A
licensee granted shelved status must complete, prior to renewal, any
applicable continuing education that may be required during the period
of time the license is shelved.
(9)
Upon
reactivation, the licensee shall be required to complete a renewal
application and pay the appropriate annual licensing fee regardless
of the time remaining in the calendar year.
(10)
Any licensee of a shelved license found working in Putnam County
shall be deemed unlicensed. He/she shall be subject to fines and penalties
as provided for in this chapter.
B.
Shelving of electrical journeyman.
(1)
The
granting of a request for shelved status shall not be deemed or otherwise
considered a suspension of license.
(2)
Shelved
status may be granted for a period of two years.
(3)
The
period of shelved status shall commence upon expiration of the current
two-year term.
(4)
On
or before September 30 of the even-numbered years of shelved status,
the licensee must submit a shelving affidavit.
(5)
A
fee shall be assessed against the licensee during any period of approved
shelved status.
(6)
Licensees
can shelve consecutively for a maximum of three terms, or a total
of six years, without Board approval. If the licensee wishes to extend
shelving beyond six years, the licensee must submit a letter to the
Board providing a satisfactory reason for continued shelving.
(7)
A
licensee granted shelved status must complete, prior to renewal, any
applicable continuing education that may be required during the period
of time the license is shelved.
(8)
Upon
reactivation, the licensee shall be required to complete a renewal
application and pay the appropriate annual licensing fee regardless
of the time remaining in the calendar year.
(9)
Any
licensee of a shelved license found working in Putnam County shall
be deemed unlicensed. He/she shall be subject to fines and penalties
as provided for in this chapter.
[Amended 10-5-2021 by L.L. No. 11-2021]
B.
The request for shelved status hereunder shall be made annually by submitting the shelving affidavit and paying the required shelving fee. Upon shelving, the licensee shall surrender his/her license and remove decals from his/her vehicle(s), prior to activation of such shelving status. In no way shall approval of shelved status hereunder be deemed a suspension under § 145-10.2 above.
C.
A fee shall be assessed against the licensee during any period of
approved shelving. If a licensee activates his/her license at any
time during the calendar year, he/she will be responsible for the
full year's fee. Fees will not be prorated.
[Amended 12-18-2019 by L.L. No. 1-2020]
A.
Licenses may not be issued in the name of a corporate or business
entity. In the case of a corporation, partnership, limited partnership
or joint venture, the individual(s) who is responsible for the performance
of work covered by this chapter on behalf of such corporation, partnership,
limited partnership or joint venture, whether he/she is an employee,
officer, owner, or shareholder of the same, must be individually licensed
in accordance with the provisions of this chapter.
B.
Such licensed master electrician shall be solely responsible for
the proper supervision and layout of any electrical work performed
in the name of such business entity. Anyone performing work under
such licensed master electrician must be a licensed journeyman electrician
or a registered helper electrician.
C.
All such corporations, partnerships, limited partnerships or joint
ventures must submit to the Board a certified copy of the applicable
business certification as is on file with the Clerk of the County
where such business entity maintains its principal place of business.
D.
Whenever a Putnam County licensed master electrician who represents
or is employed by an electrical business entity severs his or her
relationship or employment with such business entity, it shall be
the responsibility of such person and the business entity to provide
the Board with written notice of such action within 30 days after
such separation. In such event, such business entity shall provide
the Board with proof that another duly licensed master electrician
is performing the actual work of the business. The failure of the
licensee or the business entity to provide such notice and/or proof
shall be deemed sufficient cause to deny issuance of a new license.
[Amended 10-5-2021 by L.L. No. 11-2021]
A.
There shall be a Compliance Enforcement Officer(s) who shall report
directly to the Director.
B.
Powers and duties. The Compliance Enforcement Officer(s) shall have
the following powers and duties:
(1)
Investigations. Upon receipt of a complaint by any person alleging
a violation of this chapter, or on his or her own initiative based
on personal knowledge of a suspected violation, the Compliance Enforcement
Officer may conduct any independent investigation necessary to carry
out the provisions of this chapter. Pursuant to this power, the Compliance
Enforcement Officer may:
(a)
Appearance tickets. Issue appearance tickets to alleged violators
to compel their appearance before the Board. Such appearance tickets
shall be in a form prescribed by the Board.
(b)
Subpoenas. Make recommendations to the Board to subpoena the
appearance of witnesses to a duly held hearing and/or to compel the
production of any books, records or documents that he or she may deem
material and relevant for the proper prosecution of a violation.
(2)
Prosecutions. The Compliance Enforcement Officer shall be charged with the duty of presenting material and relevant evidence of alleged violation(s) of this chapter at a hearing duly convened by the Board in accordance with § 145-22 of this chapter. The Compliance Enforcement Officer shall designate an alternate to make the presentation to the Board in his/her absence. Such designated alternate shall not be a currently serving member of the Board.
A.
Suspension, revocation and civil fines. Following a hearing as provided
for herein, the Board shall have the power to revoke or suspend, for
such period as the Board may deem appropriate, any license or registration
issued under the provisions of this chapter, and/or assess and impose
civil fines or penalties as provided for herein, provided that a majority
of the Board is satisfied by substantial evidence that the person
or the holder of such license or registration has violated a provision
of this chapter or the rules and regulations of the Board.
B.
Procedure for suspension, revocation and/or imposition of civil fines.
(1)
Notice of charges. Prior to revocation or suspension of a license
or registration and/or the assessment of any civil penalties as provided
for herein, the holder thereof shall receive, in writing, a notice
of charges that includes an appearance ticket and all of the particulars
of the alleged violation. Such notice shall be sent to the alleged
violator by the Compliance Enforcement Officer via registered or certified
mail with return receipt requested in addition to regular first-class
mail to the address provided and shall contain the following information:
(a)
The name and address of the alleged violator;
(b)
The specific section(s) of this chapter alleged to have been
violated;
(c)
A statement of the facts and circumstances supporting the charge(s)
that includes the date and location of the violation;
(d)
The date, time and place where the alleged violator is summoned
to appear before the Board for a hearing on the alleged violation;
(e)
A statement advising the alleged violator that any answer to
the charges must be filed with the Board within 15 days of his or
her receipt thereof, as evidenced by the returned receipt of mailing
or evidence of mail delivery recovered from the United States Postal
Service website;
(f)
A statement of the possible penalties to be imposed in the event
the charges are proven to the Board by substantial evidence;
(g)
A statement advising the alleged violator that a default judgment
will be entered against him or her in the event he or she fails to
appear as directed;
(h)
A statement advising the alleged violator that he or she could
waive his or her right to a hearing and plead guilty to the charges
via mail or in person at the Office of Consumer Affairs;
(i)
A statement advising the alleged violator that he or she has
the right:
(2)
Hearing.
(a)
Timing. The hearing on any alleged violation of this chapter shall be held before the Board within 100 days of the date of the written notice provided for in Subsection B(1).
(b)
Adjournments. Any requests for an adjournment must be made in writing and may be granted at the sole discretion of the Board. Any granted adjournment shall nullify the one-hundred-day period of § 145-22B(2)(a).
(c)
Record. A stenographic or audio recording of the hearing shall
be made by the Board.
(d)
Rules of evidence. Compliance with the technical rules of evidence
shall not be required, but all evidence presented must be material
and relevant as determined by the presiding officer.
(e)
Presiding officer. The hearing shall be conducted by the Board
and shall be presided over by the Chairperson of the Board or, in
his or her absence, the Vice Chairperson or another Board member designated
by the Chairperson or Vice Chairperson.
(f)
Presentation of evidence in support of the charges. Evidence
of the alleged violation shall be presented to the Board by the issuing
Compliance Enforcement Officer, or his/her designee, who shall be
subject to questioning/cross-examination by the alleged violator or
his or her legal representative.
(g)
Burden of proof. The charges contained in the notice shall be
proven by substantial evidence.
(h)
Findings of fact and decision. Within 30 days from the submission
of all evidence and the close of the hearing, the Board shall issue
a written decision on the charges, setting forth therein:
[1]
Its findings of fact as determined by the evidence presented
at the hearing;
[2]
Its decision regarding the alleged violator's guilt or innocence
of the charges set forth in the notice of charges;
[3]
A statement of the reasons supporting its decision;
[4]
The penalty, if any, to be imposed, including any relevant effective
date(s) or period(s) of duration as determined by the Board; and
[5]
A statement regarding the right to challenge the Board's decision
pursuant to Article 78 of the New York Civil Practice Law and Rules.
(i)
Notice of decision. The Board shall immediately cause a written
copy of its findings of fact and decision to be delivered to the alleged
violator via registered or certified mail with a return receipt requested.
(j)
Judicial review. The decision of the Board shall be subject
to judicial review in accordance with Article 78 of the New York Civil
Practice Law and Rules.
C.
Permissible penalties. The Board, following a determination that
the charges have been proven by substantial evidence, may impose the
following penalties:
(1)
Issuance of an official reprimand and warning letter, a copy of which
shall be retained by the Board and considered in connection with future
applications for licensure and/or renewal;
(2)
Imposition of a civil penalty in an amount authorized by resolution
of the Putnam County Legislature, but not to exceed $5,000 for each
violation of this chapter;
(3)
Revocation/suspension. The Board, in its judgment as to the seriousness
of the charges, may suspend or revoke the electrical license or registration
of any electrical license or registration holder who, at a duly called
hearing, has been found guilty by substantial evidence. Additionally,
the Board may suspend or revoke an electrical license or registration
if the electrical license or registration holder has been convicted
of a crime by a court of competent jurisdiction where there is a direct
relationship between the crime and the specific license/registration
sought; or if the issuance and/or holding of the license would involve
an unreasonable risk to property or to the safety or welfare of specific
individuals or to the general public.
D.
Litigation costs. In the event the County is required to institute
legal proceedings to collect any portion of a fine or penalty imposed
under this chapter, the County shall be entitled to recover from the
licensee/certificate holder/applicant any and all associated costs
thereof, including attorneys' fees and interest on any unpaid fine
or penalty calculated at the statutory rate.
The Board may refer any matter that it suspects may constitute
a criminal offense to the Putnam County Sheriff's office or to other
appropriate law enforcement authority for further review.
A.
In addition to any civil penalties that may be imposed pursuant to § 145-26 of this chapter, it shall be a Class A misdemeanor, as defined in New York State Penal Law, punishable by a term of imprisonment not exceeding one year and a fine not exceeding $1,000, to directly or indirectly engage in or work at the business of master electrician or limited master electrician, as provided for herein, in the County of Putnam without the applicable license or registration or while his or her license or registration is suspended or revoked.
B.
This section shall be enforced by the Putnam County Sheriff's Department.
Arrests made pursuant to this section shall be made by a police officer
or a peace officer acting under his or her special duties.
Nothing set forth in this chapter shall subject the County of
Putnam, its officers, agents or employees, including the Board and
the Compliance Enforcement Officer, to any liability for damages arising
out of or related to the conduct of any person licensed by the County
of Putnam.
A.
Prior to the issuance of any license, registration, permit or renewal
thereof, the applicant must provide the Board with the following proofs
of insurance and bonding information, as follows:
B.
All insurance policies shall contain a provision of continued liability
and name Putnam County as an additional insured and certificate holder.
C.
All bonds shall contain a provision identifying Putnam County as
an obligee. Notwithstanding the foregoing, any payment issued on behalf
of a claim for an aggrieved individual or company, shall be paid directly
to said individual or company by the bond company.
The provisions of this chapter are intended for the protection
of an owner and shall not be subject to waiver by an owner in an electrical
work contract otherwise.
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances.
The County of Putnam hereby declares that it would have passed this
chapter or the remainder thereof had such invalid application or invalid
provision been apparent.
All ordinances, local laws and parts thereof inconsistent with
this chapter are hereby repealed; provided, however, that such repeal
shall not affect or impair any act done or right accruing, accrued
or acquired, or penalty, charge, liability, forfeiture or punishment
incurred or owing prior to the time such repeal takes effect, but
the same may be enjoyed, asserted, collected, enforced, prosecuted
or inflicted as fully and to the same extent as if such repeal had
not been effected. All actions and proceedings, civil or criminal,
commenced under or by virtue of any provision of any County of Putnam
local law, ordinance or resolution so repealed, and pending immediately
prior to the taking effect of such repeal, may be prosecuted and defended
to final effect in the same manner as they might if such provisions
were not so repealed.
