[1973 Code § 71-1]
For the purpose of this chapter, the terms used herein are defined
as follows:
Shall mean any work having to do with the installation of
electrical wiring, fixtures, motors, electrical appurtenances and
currents for the furnishing of light, heat or power.
Shall mean any person to whom a registration certificate
is issued as hereinafter provided.
[1973 Code § 71-2]
In order to safeguard life, health and property and promote
the public welfare, any person engaging in or who shall hereafter
engage in the business of doing electrical work for hire in the Town
of Kearny shall apply for a written examination to the Board of Electrical
Examiners, hereinafter created, and after satisfying the Board, as
hereinafter provided, as to the applicant's qualifications, the
applicant shall be registered by the Board and receive from it a registration
certificate valid for one year, signed by the President or Vice-President
and attested by the Secretary of the Board of Electrical Examiners,
which certificate shall not be assignable or transferable.
[1973 Code § 71-3]
a.
No person shall be eligible for examination unless he is a citizen
of the United States, at least 21 years of age and have at least five
years' experience in electrical wiring and installations.
b.
Applications must be made on forms prescribed and furnished for that
purpose by the Board of Electrical Examiners and shall contain statements
under oath showing the applicant's name, age, education, experience,
place of business, place of residence, citizenship and at least three
references of persons having personal knowledge of the applicant's
electrical experience.
c.
Applications must be filed at least two weeks prior to the meeting
of the Board and must be accompanied by an examination fee of $10.
Examination shall be in writing and shall relate to the National Electrical
Code, the rules and regulations of the Town of Kearny pertaining to
electrical installations and the utility supplying the current in
the Town.
d.
An applicant who shall fail in his first examination shall not be
eligible for another examination for three months, and a period of
six months shall elapse after each subsequent examination.
[1973 Code § 71-4]
a.
The initial registration fee shall be $50, and each renewal thereof
shall be $10. One examination fee of $10 shall be applied on account
of the initial registration fee.
b.
No examination shall be necessary for the renewal of a registration
certificate, provided application for the renewal is made not later
than 30 days after the expiration date of the previously issued registration
certificate.
[1973 Code § 71-5]
Any master electrician registered under the provisions of this
section shall not undertake to do any electrical work in the Town
unless and until he shall have entered into a bond in favor of the
Town of Kearny in the sum of $1,000, executed by a surety company
authorized to transact business in the State of New Jersey, and conditioned
on the faithful performance of the provisions of this section, and
of all work in connection with the restoration of sidewalk and street
areas to normal conditions previously excavated or disturbed by reason
of the installation of wires, wiring or cable, the laying of conduits,
and the construction of manholes and appurtenances thereto. The aforesaid
bond shall be for the term of 12 months and must be renewed upon expiration
for a similar period of time for each renewal of the master electrician's
registration certificate.
[1973 Code § 71-6]
a.
To carry out the provisions of this section, there is hereby created
a Board of Electrical Examiners, which Board shall consist of three
members who shall serve without compensation and who shall be appointed
by the Mayor of the Town of Kearny with the approval of the Town Council
within 30 days after the passage of this section. The first members
of the Board shall be appointed to serve for terms of one, two and
three years, respectively, so that one term shall expire each year.
Upon expiration of each of the terms; all succeeding appointments
shall be for a period of three years. Each member shall hold office
after expiration of his term until his successor shall be duly appointed
and qualified. Vacancies in the membership of the Board, however created,
shall be filled by appointment by the Mayor of Kearny, with the approval
of the Town Council, for the unexpired term and until a successor
is duly appointed and qualified.
b.
All persons appointed to the Board of Electrical Examiners shall
be citizens of the United States and residents of the Town of Kearny.
At least two of the persons appointed shall have 15 or more years'
experience in electrical work and shall be, at the time of appointment,
actively engaged in electrical work, and at least one of the aforesaid
two persons shall be an electrical contractor.
c.
Each person appointed to the Board of Electrical Examiners actively
engaged and experienced in electrical work, as above stated, shall,
by virtue of the appointment, be entitled to a registration certificate
without examination, but must pay the required registration fee and
comply with all other provisions of this section.
d.
The Mayor of the Town of Kearny may remove any member of the Board
of Electrical Examiners, after a hearing, for misconduct, incompetency,
neglect of duty or for any other sufficient cause.
e.
The term of office of the members of the Board of Electrical Examiners
shall commence on the first day of September. All fees received by
the Board for examinations and registrations shall be paid to the
Treasurer of the Town of Kearny.
[1973 Code § 71-7]
a.
The Board of Electrical Examiners shall, at its annual meeting to
be held on the first Monday in September, organize by electing a President,
Vice-President and Secretary, all of whom shall be members of the
Board. The Board shall meet at least every two months, and special
meetings may be held at such times as called by the President. The
Board shall keep a record of its proceedings and a record of all applicants
for registration, and the action taken thereon, and shall keep a record
of all persons to whom registration certificates are issued, showing
their names and addresses of business and residence.
b.
The Board of Electrical Examiners shall have the power to revoke
the registration certificate of any master electrician registered
hereunder who is found guilty by the Board of violating the provisions
of this section or of any fraud or deceit in obtaining a registration
certificate, or of gross negligence, incompetency or misconduct in
doing electrical work.
c.
Any person may prefer charges of such violation, fraud, deceit, negligence,
incompetence or misconduct against any master electrician. Such charges
shall be in writing and sworn to by the complainant and submitted
to the Board. Such charges, unless dismissed without hearing by the
Board as unfounded or trivial, shall be heard and determined by the
Board within three months after the date on which they are preferred.
d.
The time and place for such hearing shall be fixed by the Board.
A copy of the charges, together with a notice of the time and place
of hearing shall be served on the accused personally, or by registered
mail, at least 15 days before the day fixed for the hearing. At the
hearing the accused shall have the right to appear personally and
by counsel and to cross-examine witnesses against him and to produce
evidence and witnesses in his defense. If after the hearing two or
more members of the Board vote in favor of finding the accused guilty
of any violation of the provisions of this section, or of any fraud
or deceit in obtaining a registration certificate, or of gross negligence,
incompetence or misconduct in doing electrical work, the Board shall
revoke the registration certificate of the accused for such period
of time as the Board shall deem proper.
[1973 Code § 71-8]
No corporation, firm, partnership or association shall engage
in or offer to engage in the business of doing electrical work for
hire in the Town of Kearny, unless the person or persons in responsible
charge of the electrical work shall be duly registered pursuant to
this section and shall comply with all other provisions thereof.
[1973 Code § 71-9]
The Board of Electrical Examiners may issue a registration certificate
without examination to any person registered or licensed to do electrical
work in any other municipality of the State of New Jersey provided
that a. the qualifications in the other municipality for the registration
or licensing are at least comparable to the qualifications specified
in this chapter; b. the other municipality's ordinance, rules
or regulations provide a similar privilege of registration or licensing
without examination for persons registered by the Town of Kearny under
the provisions herein contained, and c. the person shall pay the registration
fee provided herein and comply with all other provisions of this section.
[1973 Code § 71-10]
Nothing in this section shall apply to:
a.
Any railroad company or to any employee of any railroad company while
engaged upon the work for such railroad company.
b.
Any public utility as defined in Section 48:2-13 of the Revised Statutes
of New Jersey, or to any employee of such public utility while engaged
upon work for such public utility.
c.
Any person, firm or corporation while engaged or employed by any
telephone or telegraph company in the installation, operation, maintenance
or repair of telephone or telegraph apparatus or the equipment appurtenant
thereto.
d.
Any person or persons regularly employed by any person, firm or corporation
not engaged in doing electrical work for hire, and any person, firm
or corporation engaged in the manufacture of electrical products,
appliances or apparatus, or the employees of any such persons, firms
or corporation; provided, however, that such person or persons shall
be limited to maintenance and repair work within the plant in which
they are employed, or on the appliances which they or their employers
have manufactured or sold.
e.
Any person regularly employed by a theater as a moving-picture machine
operator or as a stage electrician; provided, however, that such person
shall not engage in the permanent installation of electrical wiring.
f.
Any employee of a master electrician registered under this section
while the employee is engaged upon work for and under the supervision
of such master electrician.
[1973 Code § 71-11]
In order to permit the Board of Electrical Examiners to organize, prepare application forms, receive applications, hold examinations, issue registration certificates, etc., registration pursuant to the provisions of this section shall not be required for a grace period of two months, commencing on the effective date of this section. From and after the expiration of the grace period, it shall be unlawful for any person to engage in the business of doing electrical work for hire in the Town of Kearny unless such person is duly registered pursuant to this section and complies with all other provisions thereof, and it shall be unlawful from and after the date for any corporation, firm, partnership or association to engage in such a business in the Town of Kearny unless the corporation, firm, partnership or association complies with subsection 33-1.8 of this section.
[1973 Code § 71-12; New]
[1973 Code § 71-13]
It shall be unlawful for any person, firm or corporation to
perform any electrical work for hire in the Town of Kearny without
first having obtained a permit to do so from the Town or its authorized
agent.
[1973 Code § 71-14]
The person designated by the Town is hereby authorized to issue
such permit upon the filing of an application in writing on forms
provided by the Town of Kearny, together with a permit fee of 25%
of the underwriter's roughing and final inspection fee or $5,
whichever sum is the greater. All fees received shall be paid over
to the Treasurer of the Town of Kearny.
[1973 Code § 71-15]
Every such permit shall remain in force and effect until the
electrical work specified therein is completed, but in no event for
a longer period than one year unless extended by the Town of Kearny.
The permit shall not be transferable or assignable.
[1973 Code § 71-16]
Any person, firm or corporation to whom such permit is issued
must display it in a prominent place at the location at which the
work is being performed.
[1973 Code § 71-17]
All permits granted hereunder shall be under the regulation
and control of the Town of Kearny and shall be subject to such regulations
as may be issued from time to time by the State Board of Examiners
of Electrical Contractors.
[1973 Code § 71-18]
The words "electrical work," as used in this section, shall
be construed to mean any work having to do with the installation of
electrical wiring, fixtures, motors, electrical appurtenances and
currents for furnishing light, heat and power.
