[Adopted 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 42, Art. I, of the 1984 Code]
As used in this article, the following terms shall have the following meanings unless the context requires otherwise:
BOARD
The Board of Electrical Examiners of the City of Kingston, New York, established by this article.
CERTIFICATE OF APPROVAL
A certificate issued by the inspector.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009]
INSPECTOR
The person or persons authorized and required by this article to make electrical inspection within the City of Kingston, New York.
MASTER ELECTRICIAN
Includes any person who engages in or carries on the business of installing, erecting, altering or repairing electrical wiring, apparatus, fixtures, devices, appliances and equipment utilized or designed for the utilization of electricity for light, heat or power purposes or for signaling systems operating on 50 volts or more, any person who performs or supervises the performance of work done in connection with the installation, erection, alteration, extension or repair of electrical wiring, apparatus, fixtures, devices, appliances and equipment for light, heat or power purposes or for signaling systems operating on 50 volts or more and any person who contracts to do any of the foregoing.
[1]
PERSON
Includes an individual, firm, partnership or corporation.
[2]
[1]
Editor’s Note: The former definition of “master electrician limited,” which immediately followed this definition, was repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.
[2]
Editor’s Note: The former definition of “special electrician,” which immediately followed this definition, was repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.
A. 
No person shall hereafter engage in, carry on or conduct the business of master electrician or do or perform or offer or undertake or contract to do or perform the work of a master electrician within the City of Kingston, New York, or hold himself out to the public, directly or indirectly, as being able so to do, unless licensed therefor pursuant to this article or unless employed by and working under the direction of a person so licensed.
B. 
No person other than the one limited electrician left shall hereafter engage in, carry on or conduct the business of master electrician limited or do or perform or offer or undertake or contract to do or perform the work of a master electrician limited within the City of Kingston, New York, or hold himself out to the public, directly or indirectly as being able to do so, since the City of Kingston no longer offers said license.
[Amended 9-12-2018, approved 10-1-2018[1]]
[1]
Editor’s Note: This local law also repealed former Subsection C, concerning special electricians, which immediately followed this subsection.
A. 
There is hereby established in and for the City of Kingston, New York, a board to be known as the “Board of Electrical Examiners of the City of Kingston, New York.” This Board shall consist of five persons who shall be appointed by the Mayor. One of such members shall be the Fire Chief of the City of Kingston, New York; one shall be a representative of a public service corporation furnishing electricity for public use in the City of Kingston, New York; one shall be a master electrician who has had at least 10 years’ experience in electrical contracting and construction work; and one shall be a journeyman electrician who has had at least 10 years’ practical experience in electrical construction work.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009]
B. 
Of the members first appointed, one shall be appointed for a term of one year, two for a term of two years and two for a term of three years; except that they may continue to serve after the expiration of their respective terms of office until their successors have been appointed and have qualified. The successors of all such members shall be appointed for terms of three years; except that they may continue to serve after the expiration of their respective terms of office until their successors have been appointed and have qualified.
C. 
A vacancy occurring in the membership of the Board from any cause shall be filled by the Mayor for the unexpired term of the member whose office has become vacant.
D. 
A member of the Board may be removed by the Mayor for misfeasance or malfeasance in office, incompetence, incapacity, neglect of duty or other good and sufficient cause, after giving to such member a copy of the charges against him and an opportunity to be heard in his defense in person and/or by counsel.
E. 
The Board shall elect a Chairman from its membership. The Fire Chief of the City of Kingston, New York shall be the Secretary of said Board and shall serve as such Secretary without pay. The Secretary shall determine if the fees for members of the Board shall be waived.
[Amended 9-12-2018, approved 10-1-2018]
F. 
A majority of the Board shall constitute a quorum for the transaction of business.
The Board shall have the following powers and duties, in addition to those elsewhere prescribed in this article:
A. 
To hold at least one meeting in each month and as many other meetings at such other times as, in the opinion of the Chairman or a majority of the Board, are necessary or desirable for the efficient discharge of the business of the Board. All members of the Board present at any meeting shall sign the minutes of such meeting.
B. 
To examine into the qualifications and fitness of applicants for licenses under this article, or of the representatives of such applicants designated for such purpose.
C. 
To grant and issue licenses as master electricians to applicants possessing or whose representatives possess the requisite qualifications and to grant and issue licenses as special electricians to applicants possessing the requisite qualifications. Licenses shall be signed by the Chairman and Secretary.
D. 
To suspend or revoke licenses for cause as prescribed in § 208-11.
E. 
To impose and collect fines for violations as prescribed in § 208-11.
F. 
To keep records of all its meetings and proceedings and of all licenses issued, suspended or revoked by it and to make such records available for public inspection.
G. 
To prepare a manual of its rules and regulations for the conduct of examinations and to furnish copies thereof to persons desiring the same, upon payment of a fee at a rate set forth in the fee schedule to be established by resolution of the Common Council of this City.[1]
[Amended 10-4-1988, approved 10-6-1988; 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
[1]
Editor's Note: See Ch. 217, Fees.
H. 
To adopt such rules and regulations as may be necessary, not inconsistent with the provisions of this article, with respect to the form and content of applications for licenses, the reception thereof, the investigation and examination of applicants and their qualifications, the conduct of the meetings and the business of the Board, and the other matters incidental or appropriate to the powers and duties of the Board as prescribed by this article, and for the proper administration and enforcement of the provisions of this article, and to amend or repeal any of such rules and regulations by a majority vote at any special or regular meeting, upon notice of at least 30 days to each member thereof.
I. 
To file a copy of all its rules and regulations and of all changes therein, duly certified by the Secretary with the City Clerk immediately upon the adoption thereof, which copy shall be available for public inspection during the regular business hours of the day.
[Amended 10-4-1988, approved 10-6-1988; 4-1-1997, approved 4-4-1997; 12-16-2008 by L.L. No. 6-2008, approved 12-31-2008; 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
The Board may issue licenses under this article as follows:
A. 
Master electrician's licenses, Class A. A master electrician's license, Class A, shall authorize the licensee to engage in the business of master electrician within the City of Kingston, New York, for a period ending the 31st day of December of the year in which it is issued, except that a licensed master electrician regularly and exclusively employed by a person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial or industrial purposes may not perform the work or engage in the business of a master electrician outside of such plant and except further that the work of a master electrician may not be performed under a license granted on application made pursuant to § 208-6B outside of the plant mentioned and described in such application. Such a license may be renewed annually on or before the expiration thereof for periods of one year upon payment of an annual renewal fee. Thereafter the fees specified herein shall be amended from time to time by resolution of the Common Council of the City of Kingston.[1]
[1]
Editor's Note: See Ch. 217, Fees.
B. 
Master electrician's license, Class B. A master electrician's license, Class B - one job permit shall authorize the licensee to engage in the business of master electrician in the City of Kingston, New York, but only for the purpose of undertaking, performing and completing a single continuous job or installation at one location or property at one time. The fee for such license shall be for a period ending the 31st day of December of the year in which it is issued. This includes solar panel installations and those are required to file building permit applications. All individuals filing for a Class B one job permit must inquire with the Building Department for the necessity of a building permit.
[Amended 9-12-2018, approved 10-1-2018; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, Special electrician's license, was repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.
D. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D, Master electrician limited license, was repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.
E. 
The Board of Electrical Examiners is hereby authorized to add the following charges to the requirements for electrical licenses, valid from January 1 to December 31, to help offset renewal notifications:
(1) 
A late charge fee for all electrical licenses not renewed by January 10 of the new year. The fee specified herein shall be amended from time to time by resolution of the Common Council of the City of Kingston.[4]
[4]
Editor's Note: See Ch. 217, Fees.
(2) 
A fee for all license holders who wish to consider their license inactive (shelved) for the current year. The fee specified herein shall be amended from time to time by resolution of the Common Council of the City of Kingston.[5]
[5]
Editor's Note: See Ch. 217, Fees.
F. 
There shall be fees charged for all licenses issued pursuant to this section. Fees for said licenses shall be in sums as set forth in the fee schedule to be established by resolution of the Common Council of this City.[6]
[6]
Editor's Note: See Ch. 217, Fees.
[Amended 12-6-2005 by L.L. No. 4-2005, approved 12-27-2005; 12-16-2008 by L.L. No. 6-2008, approved 12-31-2008]
A. 
Every person desiring a license as a master electrician under this article shall make application to the Board in such form and detail as the Board may prescribe. The fee for said application shall be at a rate set forth in the fee schedule to be established by resolution of the Common Council of this City.[1] Such application will state, among other things, the applicants name, business name, address and telephone number. If the applicant is a corporation, any one of the officers who owns at least 25% of that corporation may be designated as the representative and is considered the applicant. That person will act as the supervisor of the work being done under the license, if granted. The fee specified herein shall be amended from time to time by resolution of the Common Council of the City of Kingston.
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
[1]
Editor's Note: See Ch. 217, Fees.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, regarding owners, lessees, managers, maintenance persons or operators of property seeking master electrician licenses, was repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.
C. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection C, regarding applications for a special electrician's license, was repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.
D. 
Each application shall be accompanied by cash, check or money order for the amount of the license fee prescribed by this article for the type or class of license desired. Ninety per centum of such fee shall be returned to the applicant upon failure to pass the examination.
A. 
Examinations shall be in writing. A complete record of every examination given will be kept on file until three years after the date of the examination. Examinations shall be held at the times and places prescribed by the Board.
[Amended 10-4-1988; approved 10-6-1988; 12-6-2005 by L.L. No. 4-2005, approved 12-27-2005]
B. 
Examinations for a master electrician limited license shall be written or oral. No license as a master electrician limited shall be granted to any person unless the designated representative shall prove to the satisfaction of the Board that he is a competent electrician and qualified to perform the work of installing electrical wiring for heating furnace apparatus and equipment.
C. 
The applicant or, in the case of those applying for licenses as master electricians, the designated representative of the applicant shall present himself for examination at the time and place specified in a notice to be given by the Board.
D. 
An applicant or the representative of an applicant who has failed in his first examination shall not be eligible for reexamination until one month from the date of such failure; one who fails twice or more shall not be eligible for further reexamination until at least six months have elapsed from the date of such second or subsequent failure.
E. 
No license as a master electrician shall be granted to any person unless the designated representative shall prove to the satisfaction of the Board that he has or will establish a place for the regular transaction of business, if not exclusively employed by a person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial or industrial purposes; is a competent electrician and qualified to do electrical contracting, construction and installation work and electrical wiring; has a working knowledge of electricity and the natural laws, properties and functions of electricity and of appliances, apparatus, materials and devices for electric light, heat, power and signaling purposes used and required in such work, combined with a practical working knowledge of the requirements and provisions of the New York State Uniform Fire Prevention and Building Code and a knowledge of the provisions of this article and the rules and regulations of the Board and the laws of the state, if any, and of the City of Kingston, New York, for installation of electrical wiring, devices, appliances and equipment and of the provisions thereof requiring permits therefor; provided, however, that any person applying therefor within one year after the effective date of this article, who shall have been continuously engaged in the business and work of a master electrician in the City of Kingston, New York, for a period of five years or more preceding such date, shall, upon proof thereof to the satisfaction of the Board, be deemed fit and qualified to receive a license hereunder without further examination, upon payment of the fee prescribed therefor by this article.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009]
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, regarding special electrician's licenses, as amended, was repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.
G. 
No license shall be granted to any person who is less than 21 years of age or does not comply with the New York State Compensation Law.
A. 
No license issued hereunder shall be assignable or transferable.
B. 
Each license as a master electrician issued hereunder shall specify the name of the person, firm, partnership or corporation licensed, who or which shall be known as the holder of the license, and shall also specify the name of the person who has passed the examination, and such person shall be designated in the license as the supervisor of all work to be done under the license.
C. 
The person designated as the supervisor may be a person in the employ of the holder of the license; or, if the holder is an individual, may be the holder himself; or, if the holder is a firm or partnership, may be a member thereof; or, if the holder is a corporation, may be an officer of the corporation, provided he has the requisite qualification of stock ownership herein prescribed therefor.
D. 
The same person shall not be designated as the supervisor in two or more licenses issued to different holders.
E. 
In the event that the business association of the supervisor with or the employment of the supervisor by the holder of the license shall terminate, the holder shall notify the Board of such fact forthwith and shall promptly designate another person as the representative of the holder, who shall submit himself for the examination to the Board when notified so to do. If no such new designation is made within 30 days after the termination of the association or employment of the former supervisor, the license of the holder shall become null and void on the 30th day following such termination.
F. 
All licenses shall be numbered in the order in which they are issued and shall be in such form and of such color and shall contain such information as may be prescribed by the Board.
G. 
Each license shall at all times be kept conspicuously displayed in the place of business or employment, as the case may be, of the licensee.
No Class A master electrician's license shall be renewed if the licensee has not actively engaged in business as a master electrician during a period of one year or more immediately preceding the application for renewal. Any such licensee not renewed within the time prescribed by this article shall lapse at the expiration of its term, and the holder of such license must thereafter qualify for an original license hereunder and comply with all the requirements and provisions hereof relative thereto.
[Amended 10-4-1988; approved 10-6-1988; 6-8-1999; approved 6-14-1999; 12-6-2005 by L.L. No. 4-2005, approved 12-27-2005]
A. 
Any person to whom such license has been issued who shall loan, rent, sell or transfer the same to another person, whether such person is entitled to receive a similar license or not, or otherwise willfully violates the provisions of this section, shall be punishable by the Board by a fine of not exceeding $50 for the first offense and not less than $100 nor more than $250 for a subsequent offense and, in addition thereto, shall forfeit his or her license hereunder.
B. 
Each Class A master electrician licensed hereunder shall have a telephone listed under his or her name and shall display his or her name on the directory or on the outer entrance of the building in which his or her place of business is located on all stationery, advertisements and other printed matter used in connection with his or her business.
C. 
If any Class A master electrician licensed hereunder does not maintain a regular place of business by reason of the fact that he or she is exclusively employed by a person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial or industrial purposes, such licensee shall not be required to procure or display a sign, have a telephone or display his or her name as provided in this section.
A. 
Any license issued hereunder may be suspended or revoked, in the discretion of the Board, after hearing upon due notice held, upon charges given to the licensee and an opportunity to be heard in his defense in person and/or by attorney, if the Board is satisfied that the holder of such license or any of his or its officers or employees willfully or by reason of incompetence have violated any provision of this article or of any other law or of any ordinance, local law or building code of the City of Kingston, New York, governing electrical work or requiring permits therefor or any requirement contained in the rules and regulations of the New York State Uniform Fire Prevention and Building Code.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009]
B. 
The Board may, in lieu of suspending or revoking a license hereunder, impose a fine not exceeding $200 for the first offense, and not less than $100 nor more than $500 for a subsequent offense, and may suspend the license until such fine is paid.
[Amended 10-4-1988; approved 10-6-1988]
Any action of the Board may be reviewed by any person aggrieved thereby in any court of competent jurisdiction by a proceeding instituted under the provisions of Article 78 of the Civil Practice Law and Rules.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009]
All installations of electrical work, all extensions thereto and all alterations thereof within the City of Kingston, New York, shall be in conformity with the provisions of this article and of any other law or of any ordinance, local law or building code of the City of Kingston, New York, pertaining thereto and shall also be in conformity with approved standards for safety to life and property. In every case where no specific type or class of material or no specific standards are prescribed by law, conformity with the regulations and requirements contained in the New York State Uniform Fire Prevention and Building Code, as approved by the American Standards Association, shall be prima facie evidence of conformity with approved standards for safety to life and property.
A. 
A maximum of seven inspectors (inspection agencies) shall be appointed by the Board of Electrical Examiners of the City of Kingston and are hereby authorized and required, as such representative, to make electrical inspections and inspections of all electrical installations within the City of Kingston, New York, and all extensions thereto and alteration thereof, and approve or disapprove the same.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009; 2-7-2017 by L.L. No. 2-2017, approved 2-22-2017]
(1) 
Must provide proof that the "principal" of the firm is a licensed master electrician (any recognized locality).
(2) 
Proof that the agency is approved by Central Hudson.
(3) 
Must have a calling hour.
(4) 
Must be available for emergencies.
(5) 
Must provide a list of fees.
(6) 
Must provide proof that all of your inspections are certified by International Association of Electrical Inspectors in "one- and two-family" and "general electrical inspections."
(7) 
Must provide proof of insurance minimums if not already provided (liability, disability, workers' compensation).
B. 
It shall be the duty of the inspector to make an inspection of any premises wherein a fire or explosion has occurred, and for such purpose, it shall be the duty of the Fire Chief or his representative of the Kingston Fire Department of the City of Kingston, New York, within 24 hours after such occurrence, to report or cause to be reported to an inspector the address or location of such premises and to furnish such other information and assistance with respect thereto as such inspector may require.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009; 2-7-2017 by L.L. No. 2-2017, approved 2-22-2017]
C. 
The inspector shall have the right during reasonable hours to enter any building in the discharge of his official duties or for the purpose of making any inspection, reinspection or test of the installation of electric wiring, devices, appliances and equipment contained therein and shall have the authority to cut or disconnect any wire in cases of emergency where necessary for the safety of life or property or where such wire may interfere with the work of the Fire Department. He is also authorized to disconnect or order the discontinuance of electrical service to any electric wiring, devices, appliances or equipment found to be dangerous to life or property because they are defective or defectively installed until they have been made safe and have been approved by him.[1]
[1]
Editor's Note: Former Subsection D, regarding premises wherein a fire or explosion has occurred, as amended 11-7-2012, approved 11-8-2012, which immediately followed this subsection, was repealed 2-7-2017 by L.L. No. 2-2017, approved 2-22-2017. This local law also provided for the redesignation of former Subsections E and F as Subsections D and E, respectively.
D. 
The inspector shall make periodically a thorough reinspection of the installation of all electric wiring, devices, appliances and equipment now or hereafter installed within the City of Kingston, New York, and within the scope of this article; and when any such installation is found to be in a dangerous or unsafe condition, the person, firm or corporation owning, using or operating the same shall be notified, in writing, and shall make the necessary repairs or changes required to place the same in safe condition and have such work completed within 15 days or such longer time as may be specified by the inspector in such notice.
E. 
When a tenant removes from a building or any portion of a building used wholly or partly for mercantile, industrial or commercial purposes, the electric meter shall be removed or locked by the public utility company furnishing electric service to such tenant, and electricity shall not be resupplied to these premises from any source until a new inspection has been made and new certificate of approval has been issued, if any change has been made in the electrical installation subsequent to the last previous inspection.
A. 
It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy to any electric wiring, devices, appliances or equipment, for the installation, extension or alteration of which a permit is required by law, until a certificate of approval or a permit has been issued authorizing such connection and use of such wiring, devices, appliances or equipment.
B. 
It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy to any electric wiring, devices, appliances or equipment which has been disconnected or ordered to be disconnected by the inspector or the use of which has been ordered by the inspector to be discontinued until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices, appliances or equipment.
A. 
It shall be a violation of this article for any person to install, alter or repair any electric wiring in the City of Kingston, New York, until such time as proper application has been filed with an inspector, and a permit obtained.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009]
B. 
No such permit shall be issued to any person, firm or corporation unless he or it is the holder of a license as a master electrician under this article.
The provisions of this article shall not apply to persons engaged solely in stilling, or solely in the attachment of ordinary electric appliances to existing circuits where no joining or splicing of electrical conductors is required; nor to the installation, maintenance or repair of elevators; nor 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; nor to the work in connection with the erection, construction, maintenance or repair of lines and facilities for the generation, transmission and distribution of electricity from the source of supply to the service connection on the premises, where used, by public service companies as defined by the Transportation Corporations Law of this state, or municipal plants authorized to generate or sell electricity; nor to the work of such companies or plants in installing, maintaining and repairing on the consumer's premises, service connections, meters and other apparatus and appliances remaining the property of such companies or plants after installation; nor to emergency repairs of wiring and appliances on consumer's premises necessary for the protection of life or property; nor to the work of companies incorporated for the transmission of intelligence by electricity in installing, maintaining or repairing wires, apparatus or fixtures or other appliances.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000]
All fees, fines and penalties derived by the Board from the operation of this article shall be turned over by the Board to the Comptroller or other fiscal officer of the city exercising corresponding functions within 10 days after they are received, and such moneys shall be paid by such Comptroller into the general fund of the city and shall be available for use for any lawful city purpose.
Any person who shall, directly or indirectly, engage in or work at the business of master electrician, master electrician limited or special electrician in the City of Kingston, New York, without a master electrician license, master electrician limited license or special electrician license, or who shall violate any of the provisions of this article or of any rule or regulation made pursuant thereto, or who, having had his license suspended or revoked, shall continue to engage in or work at the business of master, master limited or special electrician, as the case may be, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than $50 nor more than $100, or by imprisonment for not less than 10 days nor more than three months, or by both such fine and imprisonment, and each day on which such violation continues shall constitute a separate offense.
This article shall not be construed to relieve from nor lessen the responsibility of any person owning, operating, controlling or installing any electric wiring, devices, appliances or equipment, for loss of life or damage to person or property caused by any defect therein, nor shall the City of Kingston, New York, be deemed to have assumed any such liability by reason of any inspection made or license issued pursuant to this article.