[HISTORY: Adopted by the Board of Trustees of the Village
of Bloomfield 4-2-1998 by L.L.
No. 2-1998 (Ch. 72 of the 2016 Code). Amendments
noted where applicable.]
All electrical installations or alterations within the Village
of Bloomfield shall be made in conformity with the National Electrical
Code, except when the provisions of this chapter, the New York State
Uniform Fire Prevention and Building Code[1] or any ordinance or regulation of the Village of Bloomfield
shall have more stringent requirements that shall be recognized as
compliance with this chapter. The requirements of the National Electrical
Code shall be those known as the "National Fire Protection Association,
Pamphlet No. 70-1996," as approved and adopted by the American Standards
Association and as may be modified or amended by said Association
in the future.
A.
No electrical inspection agency shall make electrical inspections
in the Village of Bloomfield unless licensed to do so by the Village
Board of the Village of Bloomfield.
B.
Application for an electrical inspection license shall be made to
the Village Board on application forms prescribed by the Village Board.
C.
An applicant shall certify as part of its application that it accepts
and will comply with all the standards and criteria for electrical
inspection agencies and all other requirements of this chapter.
D.
A license issued hereunder shall expire on the 31st day of December
in the year issued.
A.
The agency shall be authorized to conduct business within the State
of New York.
B.
The agency shall maintain an office in the Western New York service
area, staffed to receive telephone calls during normal business days
for a minimum of six hours per day.
C.
The agency, its employees and workmen shall comply with all federal,
state and local laws, ordinances, rules and regulations pertaining
to any electrical inspection.
D.
The agency shall maintain adequate records so that it can provide
the Village of Bloomfield or the officials of the Village and its
customers with records of inspection when requested to do so. Such
records will be maintained for a minimum of six years.
E.
The agency shall not compete with any other agency in any manner
which would cause it to reduce the quality of its inspections. It
shall not knowingly accept an application from any applicant who has
received notice of violation(s) from another agency. The agency shall
make appropriate inquiry on its standard application forms.
F.
The agency shall maintain and furnish the Code Enforcement Officer
with a list of current inspection charges, which shall be applied
uniformly.
G.
The agency shall certify and demonstrate to the satisfaction of the
Village Board that it has personnel with qualifications comparable
to those of an individual who has met the requirements of Part 434
of Title 19 of the New York Codes, Rules and Regulations (NYCRR)[1] as those requirements pertain to electrical inspections,
and with adequate experience, education and training to meet the following
qualifications:
(1)
A working knowledge of the principles of electricity necessary to
interpret the National Electrical Code and applicable codes of the
State of New York and the Village of Bloomfield and knowledge and
understanding of the requirements of such codes.
(2)
Familiarity with the construction practices of the electrical wiring
trade.
(3)
Inspections and reports shall be made only by such qualified personnel.
[1]
Editor's Note: See now 19 NYCRR Part 1208.
H.
The agency and each inspector of said agency shall not have any interest,
direct or indirect, in any wholesaler or retailer of electrical equipment
in the State of New York and shall not engage in the work of an electrician
anywhere within the County of Ontario, except that an inspector may
do electrical work on his or her own property located within the Village
of Bloomfield. However, if an inspector does perform such electrical
work, any required inspections under this code shall be performed by another agency licensed
to make inspections in the Village of Bloomfield.
I.
Insurance.
(1)
No applicant for an electrical inspection license will be approved
for a license unless the applicant agency has in force and will continue
to maintain during the license period the following minimum insurance:
(2)
Certificates of insurance shall be furnished with each application
for an electrical inspection license.
(3)
The Village of Bloomfield shall be named as an additional insured
on the agency's general and excess liability insurance policy, insuring
the Village of Bloomfield against any liability arising out of electrical
inspections made in the Village of Bloomfield.
(4)
Any electrical inspection license shall immediately expire upon violation
of any of the minimum insurance requirements hereunder.
(5)
In the event of a cancellation of any of the above insurance policies,
the licensee and/or the insurance carrier must submit to the Village
of Bloomfield notice of cancellation no fewer than 10 days prior to
the cancellation date. Failure to comply with this requirement will
be sufficient reason for cancellation or suspension of any license
issued hereunder.
A.
Upon determination that the electrical service meets code requirements
for energizing, the agency shall promptly certify same in writing
to the Code Enforcement Officer.
B.
Upon determination that all electrical work is completed and in compliance
with the code requirements, the agency shall promptly certify same
to the Code Enforcement Officer in a written final inspection report.
C.
Upon determination of any noncompliance with the code requirements,
the agency shall provide prompt written notice to the customer and
Code Enforcement Officer.
D.
When subsequent progressive inspections are required, the agency
shall promptly issue a written certification of compliance and/or
notice of noncompliance, as the case may be, to the Code Enforcement
Officer.
Failure by an inspection agency to comply with the inspection
report provisions or any other provisions herein shall be grounds
for revocation or suspension, at the sole discretion of the Village
Board, of any license granted hereunder. Revocation or suspension
may be imposed upon recommendation of the Code Enforcement Officer,
but only after a hearing before the Village Board at which the inspection
agency shall be given an opportunity to show cause against revocation
or suspension. Such a hearing must be conducted if requested by the
Code Enforcement Officer and may be conducted upon the Village Board's
own motion.
The Village of Bloomfield shall not be charged or otherwise
responsible for costs associated with any inspections required by
this chapter or otherwise required by the Village of Bloomfield.
By the acceptance of an electrical inspection license by an
agency, such agency shall, at its own expense, indemnify and hold
harmless the Village of Bloomfield, its officers, agents, servants
and employees from all liability, judgments, costs, damages and expenses
(including attorney's fees) arising out of any electrical inspection
made by the agency in the Village of Bloomfield.
The Code Enforcement Officer is authorized to promulgate rules
and regulations which are deemed necessary by the Code Enforcement
Officer to administer the provisions of this chapter. Said rules and
regulations shall not become effective prior to approval thereof by
resolution of the Village Board.
A.
The provisions of this chapter shall not apply to the electrical
installation 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.
B.
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 or the State of New York.
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 Village of Bloomfield be deemed to have assumed
any such liability by reason of any inspection made pursuant to this
chapter.
If any part or provision of this chapter or the application
thereof to any person or circumstance is 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.
Any person violating the provisions of this chapter will be
guilty of an offense and, upon conviction thereof, shall be punished
by a fine of not more than $250 or imprisonment for not more than
15 days, or both such fine and imprisonment. Each day's continuation
of the offense shall be considered a separate offense.
Notwithstanding anything to the contrary in this chapter or Chapter 63, prior authority to perform electrical inspections in the Village of Bloomfield may be continued for a period of 90 days following the effective date of this chapter. Thereafter, only those inspection agencies that are duly licensed pursuant to this chapter shall perform electrical inspections in the Village of Bloomfield.
This chapter shall take effect immediately upon its filing with
the Secretary of State pursuant to § 27 of the Municipal
Home Rule Law.
