[HISTORY: Adopted by the Town Board of the Town of Potsdam 12-30-1985 by L.L. No. 7-1985 (Ch. 56 of the 1986 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
Since there is danger to life and property inherent in the use of electrical energy, this chapter is enacted to regulate the installation, alteration or repair of wiring for electric lights, heat or power, and signal systems operating on 50 volts or more, including all fire alarm systems, in or on all real property within the Town of Potsdam, New York.
All electrical installations, alterations or repairs heretofore mentioned shall be made in conformity with the requirements of the National Electrical Code (NEC) and applicable sections of the New York State Uniform Fire Prevention and Building Code except where provisions of this chapter or any other local law, ordinance, or building code of the Town of Potsdam shall be more stringent and shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or building code shall be recognized as proper compliance with this chapter. The requirements of the National Electrical Code shall be those known as "National Fire Protection Association Pamphlet No. 70," as adopted by the American Standards Association, and as amended from time to time.
A building permit from the Town of Potsdam Code Enforcement Officer is required for all electrical installations, alterations or repairs as described in Chapter 120, § 120-4, Building permits.
The Code Enforcement Officer of the Town of Potsdam shall be, and is hereby, authorized to appoint and deputize as agents of the Town of Potsdam, and by resolution of the Town Board, for the purpose of making inspections and reinspections, at reasonable times and places and upon reasonable notice, of all electrical installations regulated and covered by the National Electrical Code as described in § 134-2, and to approve or disapprove said installations, such persons, agencies or organizations as, in the opinion and discretion of the Code Enforcement Officer, shall be qualified to conduct the same. In no event shall the cost or expense of such inspections or reinspections be a charge against the Town of Potsdam.
A. 
It shall be the duty of such person, organization or agency duly appointed and deputized as provided in this chapter to report, in writing, to the Code Enforcement Officer, whose duty it shall be to enforce all the provisions of this code, all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code (NEC), and of all local laws, ordinances and the Building Code as referred to in this chapter, insofar as any of the same apply to electrical wiring, systems and equipment covered by this chapter.
B. 
The inspector shall make inspections and reinspections of the electrical installations in and on properties in the Town of Potsdam upon the written request of the building permit holder or the Town of Potsdam Code Enforcement Officer. The inspector is authorized to make inspections and reinspections of all electrical work for which a building permit was issued.
C. 
In the event of an emergency, it is the duty of the inspector to make electrical inspections upon the oral request of an official or officer of the Town of Potsdam. It shall be the duty of the inspector to furnish written reports to the proper official of the Town of Potsdam and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection.
D. 
The inspector shall authorize the issuing of a certificate of compliance, pursuant to § 120-7 of this Code, when electrical work for which a building permit was issued are in conformity with this chapter. The certificate of compliance, or copy of same, shall be sent to the Town of Potsdam Code Enforcement Officer.
A. 
Any installation or alteration of an electrical system or electrical wiring that is covered and regulated by the provisions of the New York State Uniform Fire Prevention and Building Code, the National Electrical Code or a local law of the Town of Potsdam without the issuance of a building permit and certificate of compliance as hereinabove provided shall be a violation of this chapter.
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 to any source of electrical energy supply without the issuance of a temporary certificate or a certificate of compliance by an authorized inspection agency.
C. 
It shall be a violation of this chapter for any person, firm or corporation to permit to remain connected defective electrical wiring, installations or equipment for light, heat or power after inspection and written notice of such defect.
Any person, firm or corporation who shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall be guilty of a violation and, upon conviction thereof, may be punished by a fine not less than $250, imprisonment not to exceed 15 days, or both, and each day on which such violations continue shall constitute a separate offense.
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 the buildings used exclusively for that purpose. This chapter shall not apply to any work involved in the manufacture, assembly, test or repair of electrical machinery, apparatus, materials and equipment by a person, firm or corporation engaged in electrical manufacturing as their principal business. This chapter shall not apply to manufacturing units which have regular electrical maintenance personnel. It 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.
A. 
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 a defect therein, nor shall the Town of Potsdam or any authorized inspection agency be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.
B. 
Any firm or person engaged commercially in electrical wiring shall carry a minimum insurance policy within limits of $500,000 general liability, $300,000 bodily injury, $300,000 property damage and workers' compensation as required by the State of New York. This requirement shall be satisfied immediately, by those contractors not on file with the Town of Potsdam Code Enforcement Office, upon enactment of this chapter.
Any person, agency or organization authorized to perform inspections on behalf of the Town of Potsdam shall register with the Town of Potsdam and shall agree to furnish within 10 days reports to the Town of Potsdam Code Enforcement Office. No such agency shall be permitted to inspect prior to registration.
For willful misconduct, failure to submit reports as provided by this chapter, lack of performance, or for other just cause, the Code Enforcement Officer may recommend to the Town Board, or the Town Board upon its own motion may move, that one or more persons, agencies or organizations be suspended or removed. Within 30 days of such action, the Town Board shall hold a hearing to determine whether such action should be taken. The agency shall be given written notice of the hearing, personally served or by certified mail, at least eight days prior to such hearing and shall have the opportunity to be heard. The Town Board may suspend an agency found to be in violation for a period of not less than three months or more than five years, or remove an agency for at least five years. The decision of the Board shall be rendered within 30 days after the conclusion of a hearing.
No authorized inspector shall inspect any work and furnish an interim or final report for any job which has previously been inspected by another authorized inspector. An inspector that performs the initial inspection shall perform all subsequent inspections through the final inspection.
A. 
From time to time, it is anticipated that, in the opinion of the Code Enforcement Officer, a violation of the code exists, at which time he shall issue a written notice to the alleged violator. The notice shall specify the sections of the code of which the individual is in violation and shall require that the individual comply within 14 days of the date of the notice or file an appeal to the Board of Appeals as established by the Town Board. The penalties for failure to comply are as noted under § 134-7.
B. 
In such instances in which the State Code shall create such difficulties or hardship, an appeal or variance may be applied for in accordance with 19 NYCRR Part 1205.
C. 
An appeal shall stay all proceedings in furtherance of the action unless the Code Enforcement Officer, from whom the appeal is taken, certifies that the stay would cause imminent peril to life and property.