[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.