[HISTORY: Adopted by the Town Board of the Town of Fabius 12-5-1973 by L.L. No. 2-1973. Amendments noted where applicable.]
Since there is danger to life and property inherent in the use of electrical energy, this Electrical Law is enacted to regulate the installation, alteration of wiring for electric light, heat or power and signal systems operating on 50 volts or more, in or on all real property within the Town of Fabius.
All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electric Code, except where the provisions of this chapter or any other local law, ordinance or building code of the Town of Fabius 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 approved and adopted by the American Standards Association.
[Amended 9-24-1981 by L.L. No. 3-1981]
Any electrical inspection company that has been approved by the Niagara Mohawk Power Corporation is hereby authorized and deputized as agent of the Town of Fabius to make inspections and reinspections of all electrical installations heretofore and hereafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Fabius.
It shall be the duty of the Inspector to report in writing to the Chief Building Inspector, 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, and of all local laws, ordinances and the building codes as referred to in this chapter insofar as any of the same apply to electrical wiring. The Inspector shall make inspections and reinspections of electrical installations in and on properties in the Town of Fabius upon the written request of an authorized official of the Town of Fabius or as herein provided. 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 Fabius where he deems it necessary for the protection of life and property. 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 office of the Town of Fabius. It shall be the duty of the Inspector to furnish written reports to the proper officials of the Town of Fabius and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this chapter. He shall direct that a copy of the certificate of compliance be sent to the Town of Fabius to the attention of the Building Inspector.
It shall be a violation of this chapter 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 in the Town of Fabius, until an application for inspection has been filed with the New York Board of Fire Underwriters. 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, prior to the issuance of a temporary certificate, or a certificate of compliance, by the New York Board of Fire Underwriters.
Any person, firm or corporation who shall violate any of the provisions of this chapter or any rule or regulations made pursuant thereto shall be guilty of disorderly conduct and shall be a disorderly person, and, upon conviction thereof, may be punished by a fine of not more than $50, and each day on which such violation continues 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 communication utility in the exercise of its function as a utility, and located outdoors or in 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. It shall not apply to any building which is owned or leased in its entirety by the government of the United States, the State of New York or the County of Onondaga.
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 Town of Fabius or the New York Board of Fire Underwriters be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.
If any part or provisions 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, and the Town Board of the Town of Fabius 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.
This chapter shall take effect immediately.