This chapter is adopted pursuant to the delegation of authority
as set forth in the Municipal Home Rule Law § 10(1)(ii)(a)(12).
As used in this chapter, the following terms shall have the
meanings indicated:
LICENSE
A document authorizing a duly qualified electrical inspector
to perform electrical inspections in the Village of Chester.
LICENSED INSPECTOR
A person or entity licensed by the Village of Chester to
perform electrical inspections.
No licensed inspector shall be deemed to be qualified within
the meaning of this chapter unless such licensed inspector has first
complied with all requirements set forth in this chapter and continues
to comply with these requirements as follows:
A. The licensed inspector shall furnish the Village of Chester with
currently effective and valid certificates of insurance including
statutory workers' compensation insurance for its employees,
public liability insurance for property damage in the minimum amount
of $1,000,000 and personal injury claims in the minimum amount of
$1,000,000. The licensed inspector shall maintain such insurance policies
in full force and effect during the period the license is effective
and such policies shall name the Village of Chester as an additional
insured. All cancellation notices must be sent to the Village of Chester
upon issuance by the insurance agency.
B. Any person, if using a trade name or otherwise doing business under
another name other than his or her own name, and all partnerships,
corporations, limited liability companies, or other businesses or
entities that is a licensed inspector shall furnish the Village of
Chester Building Department with proof of filing of the proper business,
partnership or corporate certificate with the appropriate recording
office.
C. A licensed inspector shall not solicit of any person or entity or
require, as a condition of inspection, any waiver of responsibility
of an error, omission or recommendation made by its employees, agents
or officers or for any other action of its employees, agents or officers.
D. A licensed inspector shall require all electrical work to meet standards
of the latest revision of the New York State Uniform Fire Prevention
and Building Code (hereinafter referred to as the "State Code") including
the regulations of the applicable National Electric Code and all other
applicable codes prescribed by the State of New York and the Village
of Chester in which the inspected premises are located and also the
applicable rules and regulations of the appropriate utility company.
All references in this chapter to the State Code and other applicable
codes, rules and regulations shall be deemed to include all amendments
to same which may occur after the adoption of this chapter.
E. A licensed inspector shall not compete with others in any manner
which would cause it to reduce the quality of its inspections. A licensed
inspector shall not knowingly accept an application at any given location
from any applicant who has received violations from another inspector,
agency, utility company, insurance examiner and/or municipal official.
F. Each licensed inspector performing inspections must annually file
a list of current inspection charges and fees with the Village of
Chester. Established charges and fees will be applied uniformly and
in no event shall a fee charged to any person exceed the fee set forth
in the licensed inspector's schedule of fees. Inspections and
reports shall be made only by licensed inspectors permitted to make
such inspections by this chapter and by the relevant codes, utility
companies and all other applicable governmental requirements. The
licensed inspector shall insure that the inspectors they employ or
any agent performing inspections on their behalf have adequate experience,
education and training as follows:
(1) Have a working knowledge of the principles of electricity necessary
to interpret the National Electric Code (NEC), the Code of New York
and other applicable requirements.
(2) Know the requirements of the NEC, the Code and other applicable requirements.
(3) Be familiar with the construction practices of the electrical wiring
trade.
(4) Each inspector shall submit written proof of successful completion
of one of the following courses together with updates as required:
(a)
International Association of Electrical Inspector's (IAEI)
National Certification Program for Electrical Inspectors.
(b)
National Certification Program for Construction Code (Electrical)
Inspectors.
(c)
The National Fire Protection Association's "National Electric
Code 32 Hour Course."
(d)
Any other comparable course as approved by the Village of Chester
Code Enforcement Officer.
G. A licensed inspector and its employees or agents shall comply with
all federal, state and local laws, ordinances, rules and regulations
pertaining to any electrical inspection.
H. Licensed inspectors agree to maintain adequate records so that the
licensed inspector can provide the Village of Chester and applicable
officials with records of inspections when requested. Such records
shall be maintained by the licensed inspector for a minimum of five
years.
I. For good cause and when requested by the Village of Chester prior
to issuance of a certificate of occupancy, the licensed inspector
will perform a reinspection of an existing electrical service and
related components and submit a formal report to the utility company,
Village of Chester Building Department, applicant and/or landowner
in letter form.
J. All inspections will be completed and certificates issued in a timely
manner to ensure that applicants are not subjected to undue delay
in receiving electric service. Inspections shall normally be made
within 48 hours of the request for inspection. Inspection reports
and certificates will be submitted to the Building Department within
48 hours of inspection.
K. All licensed inspectors, upon request of the Village of Chester Code
Enforcement Officer, shall submit proof to such Department as to the
requirements set forth in this chapter as to their individual qualifications
and competence. The Village of Chester Code Enforcement Officer shall
have the authority to determine that the particular licensed inspector
is unqualified to perform such inspections in the Village of Chester
for good cause, including, without limitation, such licensed inspector's
exhibited lack of knowledge of the particular codes and regulations.
Prior to making such determination, the Code Enforcement Officer shall
provide written notice to the licensed inspector setting forth the
reasons for the particular concerns. The licensed inspector shall
be afforded 10 days from the date of such notice to submit written
proof to the Code Enforcement Officer in response to the issue of
the qualifications and competence of the licensed inspector. Within
10 days of receipt of such response or if no response is received,
within 10 days of the mailing of the notice, the Code Enforcement
Officer shall render a final determination in writing setting forth
the reasons for such determination.
L. All licensed inspectors shall avoid conflicts of interest with a
client or owner of a property that is subject to an inspection by
the licensed inspector. Any appearance of a conflict of interest shall
be promptly disclosed by the licensed inspector prior to conducting
any inspection. Failure to disclose a conflict of interest shall result
in the immediate suspension or revocation of the licensed inspector's
license.
M. No licensed inspectors will perform or provide any electrician services
in the Village of Chester.
N. Failure of any licensed inspector to abide by the provisions of this
local law shall be grounds for the Village of Chester to provide notice
to such licensed inspector, applicant and landowner that such licensed
inspector is no longer qualified to perform such inspections in the
Village of Chester.