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Subdivision A
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General Provisions
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[Ord. No. 74, 5-7-2008; amended 6-3-2020 by Ord. No. 170]
The duties of the Electrical Inspector are:
(a)
The Electrical Inspector and/or his/her designees are authorized
as agents of the City to make inspections and reinspections of electrical
installations heretofore and hereafter required and to approve and
disapprove the installations. In no event, however, will the cost
or expense of inspections and reinspections be charged against the
City.
(b)
The Electrical Inspector or his designee shall receive all applications,
and, at the Electrical Inspector's discretion, he/she may require
plans and specifications for electrical wiring and equipment installations
to be submitted at the time of application; and shall review them
for conformance with the requirements of the National Electrical Code;
and to issue permits for the work to be performed; and shall make
inspections of all new and additional electrical installations and
reinspections of all existing electrical installations.
(c)
The Electrical Inspector or his/her designee shall keep complete
records of all inspections made and other official work performed
under the provisions of this article.
(d)
The Electrical Inspector, upon notification by the Bureau of Fire
Prevention, may order the discontinuance of electrical service to
any electrical installation found to be defectively installed, not
in conformity with the provisions of this article, in cases of emergency
where the electrical currents are dangerous to life and property or
where the wires may interfere with the work of the Bureau of Fire
Prevention.
(e)
The Electrical Inspector or his/her designee shall inspect all electrical
wiring and equipment installation to assure compliance with the requirements
of the National Electrical Code, and report, in writing, to the Code
Commissioner all violations of the provisions of this article and
the National Electrical Code.
(f)
The Electrical Inspector or his/her designee shall receive and review
applications and issue permits for the purpose of ensuring compliance
with this article.
(g)
The Electrical Inspector or his/her designee shall make periodic
inspections and reinspections of electrical wiring and equipment installation
work while underway and a final inspection of all such work.
(h)
The Electrical Inspector or his/her designee shall issue a certificate
of compliance/approval following final inspection for work that he/she
finds is in compliance with the National Electrical Code and this
article.
[Ord. No. 74, 5-7-2008]
(a)
The inspection agent may make periodic reinspections of all electrical
installations now installed or that may hereafter be installed within
the scope of this article. When electrical installations are found
to be in a dangerous or unsafe condition, the person owning, using
or operating the installation shall be notified in writing of the
defects.
(b)
The necessary repairs or changes required to place the electrical
installations in safe condition shall be completed within 10 days
or a longer period as may be specified by the Bureau of Fire Prevention.
(c)
The electrical service to all electrical installations found to be
in a dangerous or unsafe condition may be ordered disconnected until
the installation has been made safe and approved by the inspection
agent.
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Subdivision B
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Electrical Board
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[Ord. No. 74, 5-7-2008]
The Electrical Board is created.
[Ord. No. 74, 5-7-2008]
(a)
The Electrical Board shall consist of the Commissioner of Codes Enforcement
or the Commissioner's designated representative who shall be ex officio
member of the Board; one employee of the City, other than the Commissioner
of Codes Enforcement, who shall be ex officio member and Secretary
of the Board; the Chief of the Bureau of Fire Prevention who shall
be ex officio member; two electrical contractors who are engaged in
the business of the installation of electrical equipment and who are
the holders of unexpired, unsuspended, unrevoked master electrician's
licenses, one of whom shall be a member of the National Electrical
Contractors' Association and one of whom shall be a member of the
Central New York Electrical Contractors' Association; one journeyman
electrician who is engaged with the tools of the trade as a journeyman
electrician or who is an electrical foreman and who is the holder
of an unexpired, unsuspended, unrevoked journeyman electrician's license;
a member of the International Brotherhood of Electrical Workers; one
electrical sign contractor who is engaged in the business of the installation
of electrical signs and outline lighting and who is the holder of
an unexpired, unsuspended, unrevoked master sign specialist's license;
one representative of the Niagara Mohawk Power Corporation; and one
representative of a local inspection agency approved by the Commissioner
of Codes Enforcement. Each duly appointed member of the Board, including
ex officio members, shall have equal voice in all matters coming before
the Board.
(b)
Each of the Board members shall be appointed by the Mayor. The terms
of the Board members, other than the ex officio members, shall expire
as follows: three members on December 31, 1984, and three members
on December 31, 1986. Thereafter, each member, other than ex officio
members, shall be appointed for a term of three years.
(c)
Each member, other than ex officio members, shall be paid by the
City an annual salary of $500. The salary of the Secretary to the
Board shall be established according to law by the Board of Estimate
and Apportionment.
(d)
Employment of one member of the Board by another member of the Board
for as long as two consecutive calendar months shall automatically
disqualify the employed member for as long as the employed member
is so employed. Upon disqualification, a successor shall be appointed
by the Mayor to serve the remainder of the disqualified member's appointed
term.
[Ord. No. 74, 5-7-2008]
(a)
Notice of a meeting shall take place 10 days prior to the meeting.
(b)
The Electrical Board may make and promulgate its own rules governing
its meetings and proceedings, including selection of a chairperson,
subject to the provisions of this subdivision. Five members of the
Board shall constitute a quorum.
[Ord. No. 74, 5-7-2008]
(a)
The Secretary to the Electrical Board shall keep a record of all
examinations held and of all applicants examined and the results of
the examinations, together with any other records as the Board may
direct. The records of the names and applications of all applicants
shall be kept permanently. Other records or papers may be destroyed
pursuant to the provision of law.
(b)
Examinations shall be held at four-month intervals, when there are
qualified applicants, for a period of three hours, the exact time
and place for the examinations to be set by the Board.
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Subdivision C
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Permits, Inspections, etc.
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[Ord. No.
74, 5-7-2008; amended 4-17-2013 by Ord. No. 88; 6-3-2020 by Ord. No. 170]
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(a)
No license holder shall commence or perform any electrical work within
the City of Utica without first obtaining a permit as provided herein
for each building or structure or installation in which the electrical
work is to be done, nor shall any alteration or addition be made to
any such existing equipment without a permit having first been issued.
(b)
Intrusion alarms and heat/smoke detecting systems.
(1)
For intrusion alarm and heat/smoke detecting systems, a permit
is required for the following instances: new installations of a heat/smoke
detecting or intrusion alarm system.
(2)
Extension of an existing heat/smoke detecting system.
(3)
Change from an interior to a perimeter intrusion alarm system
or the addition of an interior or perimeter intrusion alarm system
to an existing system.
(c)
The Code Commissioner, upon the recommendation of the Electrical
Inspector, may revoke a permit previously issued if he/she finds that:
(1)
There was a false statement or a misrepresentation as to a material
fact in the application, plans, or specifications on the basis of
which the permit was issued; or
(2)
The permit was issued in error or not in accordance with the
applicable law; or
(3)
The work under the permit is not being performed in accordance
with the provisions of the approved application, plans, and specifications;
or
(4)
The person to whom the permit was issued has failed or refused
to comply with an order issued by the Electrical Inspector and/or
Code Commissioner.
(a)
Who may obtain a permit. No permit hereunder for electrical work
shall be issued except to a person holding a current, active master
electrician license duly issued pursuant to this chapter which is
adequate to perform the electrical work described in the application
for such permit.
(b)
Application for permit. An application for an electrical permit shall
be made to the City of Utica Code Department and shall be made on
forms provided by the Electrical Inspector and shall contain the following
information:
(1)
The full name, address and telephone number of the license holder.
(2)
The category, number and date of issuance of the applicant's
licenses.
(3)
A brief description of the nature of the proposed electrical
work.
(4)
The business name, business address, business telephone number
of the person, firm, or corporation who will do the work.
(5)
The site or location of the proposed work, and the name and
address of the owners or agents thereof.
(6)
A statement of the present and proposed use and occupancy of
the premises where the electrical work is to be done.
(7)
The signature of the license holder.
(c)
The Electrical Inspector at his discretion may require an electrical
permit to be accompanied by two copies of plans and specification
including all relevant details of the existing system and proposed
installation or alteration. The aforementioned relevant details should
include the following:
(1)
The name, signature, and address of the person or firm responsible
for preparation of such drawings and specifications, and the seal
of the engineer(s) or architect(s) responsible for the preparation
of such drawings and specifications shall be stamped on each drawing
and signature affixed thereto in accordance with Article 145 or 147
of the Education Law of the State of New York.
(2)
A complete electrical layout with a service diagram showing
load breakdown and sizes of service and feeder conductors for all
electrical wiring and equipment.
(3)
Complete elevator layout.
(4)
Amendments, if any, to the application or to the plans and specifications
accompanying the same shall be filed with the City of Utica Codes
Department and approval therefor obtained prior to the commencement
of any change in the work.
(d)
Each application shall be accompanied by the applicable fee as provided
in this section. When an application, as required herein, detailed
plans and specifications, and in the event such application is not
approved, or the permits not issued for any reason, the applicant
shall be entitled to a refund of 50% of the fee paid or any amount
that is in excess of $25, whichever is higher, provided that no work
has been commenced. If work has been started, no part of the fee shall
be refunded.
(a)
All applications for permits shall be dated, numbered and taken up
in the order received. The Electrical Inspector or his designee shall
examine or cause to be examined all applications for permits and the
plans, specifications and documents filed therewith. Nothing herein
shall require the Electrical Inspector or his designee to approve
or disapprove the application within such period if necessary reviews
by other agencies or departments have not been completed.
(b)
The issuance of a permit shall not be construed as approval of plans,
specifications or schedules of work contemplated by the permit.
(c)
If the Electrical Inspector determines that the application and the
work described therein conform to all the requirements of the applicable
laws, codes and regulations and upon receipt of the legal fees therefor,
the Electrical Inspector shall approve the application and issue an
electrical permit to the applicant upon the form prescribed and shall
affix the date and his signature or cause his signature to be affixed
thereto. The Electrical Inspector, in his/her discretion, may attach
such conditions to this approval of the application and issuance of
the permit as may be required to assure compliance with this code
and other applicable laws or regulations. Where the work to be done
includes the installations of (prefabricated) electrical appliances,
the permit shall be issued subject to the condition that such installation
shall conform to the manufacturer's specifications.
(d)
Upon approval of this application, each set of plans and specifications
shall be endorsed with the date and the word "Approved." One set of
such approved plans and specifications shall be retained in the files
of the Codes Department; one set shall be kept by the applicant at
the building site open to inspection by the Electrical Inspector or
his/her designee at all reasonable times.
(e)
If the application, together with the plans, specifications and other
documents filed therewith, describes proposed work which does not
conform to all of the requirements of the applicable laws, codes and
regulations, the Electrical Inspector shall disapprove the same and
shall return the plans and specifications to the applicant. Upon the
request of the applicant, the Electrical Inspector shall cause such
refusal, together with the reasons therefor, to be transmitted to
the applicant in writing.
(f)
An application which has been disapproved may be resubmitted with
such modifications and support data as the applicant believes will
overcome the objections to its approval, and the Electrical Inspector,
in his discretion, may waive the payment of additional fees if such
application is resubmitted within 180 days of the return to the applicant
of the original plans.
(g)
The issuance of a permit or the approval of drawings and specifications
shall not be construed to be a permit for, nor an approval of, any
violation of or deviation from the provisions of this Code or any
other ordinance, law, rule or regulation. A permit issued shall be
invalid if the work completed is deemed a violation of this Code,
or deviation therefrom ensued. When such violation occurs, the permit
shall be deemed to be cancelled and the electrical installation shall
be made to conform with the provisions of this Code or shall be removed.
(h)
The issuance of a permit based upon drawings and specifications shall
not prevent the Codes Department from thereafter requiring the correction
of errors in said drawings and specifications or from stopping unlawful
electrical installations being carried out thereunder.
(a)
Any permit issued hereunder shall expire:
(1)
If the work authorized by such permit is not commenced within
six months after the date such permit was issued, or within such shorter
period as the Electrical Inspector or his designee in his direction
may specify at the time the permit is issued.
(2)
If the work is suspended or abandoned for a period of 60 days,
or such shorter period as the Electrical Inspector or his/her designee
may specify at the time the permit is issued, after the work has been
started.
(b)
For good cause, the Electrical Inspector may allow an extension of
the foregoing period as his/her discretion.
(c)
Expired permits shall be cancelled and no refund of the permit fee
shall be made. Before the work can be commenced or resumed, a new
permit shall be obtained. The fee thereof shall be twice the amount
required for the original permit, provided that no substantial changes
have been made in the original plans and specifications, and provided
further, that such suspension or abandonment has not exceeded one
year. The Electrical Inspector may waive the fee for such new permit
if the imposition of such fee would pose a hardship on the applicant.
An electrician who obtains a permit to correct violations, for
which notice has been issued by any Electrical Inspector, shall proceed
with the corrective measures within 48 hours and shall complete the
measures within 90 days of the date of issuance of the permit. Where
the required repairs are extensive enough to require a longer period
of time to complete than 90 days, the Commissioner of Codes Enforcement
shall grant as many extensions as are necessary to complete the job,
provided that the applicant for the time extensions furnishes proof
satisfactory to the Commissioner that reasonable and continuous progress
has been made to remove the electrical defects and complete the required
repairs without any unnecessary delays.
Electrical permit numbers and the name of the holder of the
license to whom it was issued shall be publicly and prominently displayed
at the site of any installation for which a permit has been issued.
(a)
Upon the starting of the installation of the electrical work, the
electrician installing the work shall notify the Electrical Inspector
on forms provided for that purpose. The Electrical Inspector shall
inspect the installation within 48 to 72 hours, exclusive of Saturdays,
Sundays and legal holidays, of the time the notice is received. If
the installation is found to be fully in compliance with the National
Electrical Code, and this article and does not constitute a hazard
to life and property, the Electrical Inspector shall issue to the
public utility corporation a temporary (i.e., thirty-, sixty- or ninety-day)
or permanent permit authorizing connection to the electrical service,
the turning on of the current and the use of the installation.
(b)
If, upon inspection, the installation is not found to be fully in
compliance with the National Electrical Code and this article, the
Electrical Inspector shall at once forward written notice, stating
the defects which have been found to exist, to the electrician installing
the work. The electrician shall correct the defects within 24 hours
of receipt of notice and shall notify the Electrical Inspector of
the correction immediately.
(c)
When any part of a wiring installation is to be hidden from view
by the placement of permanent parts of the building, the electrician
installing the wiring shall notify the Electrical Inspector. The wiring
installation shall not be concealed until it has been inspected, provided
that on large installations where the concealment of parts of the
wiring proceeds continuously, inspections shall be made periodically
during the progress of the work.
(d)
If the electrical installation, upon completion, is found to be in
full compliance with this article, the Electrical Inspector shall
issue a final certificate of compliance/approval.
(e)
Responsibilities of permit holder. All work shall conform to the
National Electrical Code, approved application, approved plans and
specifications, and all approved modifications to said plans and specifications
shall be performed in accordance with the provisions herein and any
applicable laws, ordinances, rules, and regulations. The issuance
of a permit shall not be deemed to be a waiver of any requirements
of applicable laws, codes, or regulations, unless otherwise expressly
provided herein. Any work started and not completed shall be left
in a safe and secure condition.
(f)
Revocation of permit. The Electrical Inspector or his/her designee
may revoke a permit issued in the following instances:
(1)
Where he/she finds that there has been any false statement or
misrepresentation to a material fact in the application, plans or
specifications or with applicable laws, codes, regulations or conditions
of the permit; or
(2)
Where he/she finds that the work detailed under the permit was
issued in error and should not have been issued in accordance with
applicable law; or
(3)
Where he finds that the work detailed under the permit is not
being performed in accordance with the provisions of the application,
plans or specification or with applicable laws, codes, regulations,
or conditions of the permit; or
(4)
Where the person to whom a permit has been issued fails or refuses
to comply with a stop-work order issued by the Electrical Inspector
or his/her designee.
(g)
Notice of such revocation and the reason therefor shall be in writing
and shall be served upon the owner and person to whom the permit was
issued.
(h)
Stop-work order.
(1)
Whenever the Electrical Inspector or his/her designee has reasonable
grounds to believe that electrical work on any building, structure,
or property is being performed in violation of the provisions of the
applicable laws, codes, or regulations, or is not in conformity with
the provisions of the application, plans, specifications, or the conditions
on the basis of which the permit was issued, or is being performed
in an unsafe and dangerous manner, he/she shall order the owner of
the property, and the person to whom the permit was issued, if other
than the owner, to suspend all work, and any such persons shall stop
such electrical work and take such precautionary measure as required
for the protection of the public, until the stop-work order has been
rescinded.
(2)
A written copy of such order and notice stating the conditions
under which the work may be resumed shall immediately thereafter be
served upon a person to whom it is directed. No electrical work shall
be resumed on such building, structure or property unless the Electrical
Inspector has rescinded such stop-work order. Upon refusal or failure
to comply with such order, in addition to the penalties otherwise
provided herein, the Electrical Inspector may initiate the necessary
action to compel the cutting of electrical current to such installation
until the same has been placed in a safe condition, if he/she deems
such measure necessary for the protection of the public.
(a)
Permit filing fees.
(1)
The base filing fee for permits for installing, altering or
extending an electrical installment shall be as follows:
a.
Commercial, new construction/additions: $60.
b.
Commercial, renovations/remodeling: $40.
c.
One- and two-family dwellings, new construction/additions: $30
per unit.
d.
One- and two-family dwellings, renovations/remodeling: $25 per
unit.
e.
Multiple dwellings, renovation/remodeling: $25 per unit for
the first three units, plus $5 per unit thereafter.
(2)
In addition to the base filing fees set forth above, an additional
fee of $2 for each opening shall be assessed. For those situations
where no terminations are involved, such as meter sets, service disconnects
and reconnects in which the Codes Department renders solely an administrative
service, the permit fee shall be $25.
(b)
Plan review fees. The fee for the review of those plans submitted,
if required for non-over-the-counter review, shall be $25. This fee
shall be due and payable at the time the plans are submitted for review.
(c)
Payment. No permit shall be issued unless the applicable fee as enumerated
herein shall have been paid. All fees shall be paid by cash, check
or money order payable to the City of Utica.
(d)
No refunds. When a permit shall have been revoked or suspended, no
refund of any portion of the fee shall be made.
(e)
Double fees. Except in the cases of emergency repairs, the fee shall
be doubled when work has been started before the Codes Department
has issued the permit.
(f)
Exempt projects. No fee shall be charged for municipal, county, state
or federal governmental projects.
(g)
A certificate of completion shall be issued only when the requirements
of the permit are satisfied.
