[HISTORY: Adopted by the City Council of
the City of Jamestown 3-26-1962 as Ch. 10 of the 1962 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch.
140.
Licenses and permits — See Ch.
175.
Parks and public lands — See Ch.
193.
Property rehabilitation and conservation — See Ch.
215.
Signs and encroachments — See Ch.
245.
A. There is hereby created a Board of Electrical Examiners,
which shall consist of five members appointed by the Mayor of the
City, subject to confirmation by the City Council. Such Board shall
include the Deputy Chief of the Fire Department, or his designee,
who shall act as Chairman of the Board, the Building Inspector of
the City, who shall act as Secretary of the Board without additional
compensation; one representative of the Board of Public Utilities,
or his designee, one electrical contractor with 10 years' continuous
experience in the electrical contracting business; and one electrician
of 10 years' continuous experience installing electrical work. The
local inspector of an approved electrical inspection company shall
be retained in an advisory capacity at no remuneration.
[Amended 2-24-2003; 10-27-2014; 4-27-2015]
B. Within 30 days from the date of this chapter, the
Mayor shall appoint the members of the Board for terms of two years,
but any member may, for cause, be removed from office at any time
by the Mayor. All appointed members of the Board must be residents
of the City. Vacancies occurring by death, removal, inability to act,
resignation or removal from the City of any member shall be filled
by the Mayor by appointment of a person with the same qualifications
and for a term expiring at the same time as the member whose office
has terminated. All members of the Board shall serve without compensation.
[Amended 9-26-2022]
C. The Board of Electrical Examiners may elect its own
Vice Chairman. A majority of the membership of the Board shall constitute
a quorum to transact the business of the Board. It shall be the duty
of the Board to hold a regular meeting at least once during each month
at a time and place to be determined by the Board. Special meetings
may be called at any time by the Chairman on three days' notice to
members by mail. He shall call a special meeting on written request
of the Mayor or the Director of Public Works.
D. It shall be the duty of this Board to receive from the Secretary
of the Board all applications for licenses as master electricians
and as journeymen electricians.
[Amended 5-15-2000; 9-26-2022]
(1) The Board shall examine the applicants for such licenses at the earliest
convening Board meeting from the date of the filing thereof with the
Secretary of the Board as to their knowledge of the rules and regulations
for the installation of electrical wiring, devices, appliances and
equipment as set forth in the statutes of the state or as issued under
the authority of the statutes of the state in the ordinances of the
City and in the National Electrical Code. The Board shall determine
the general qualifications of each applicant for executing electrical
work.
(2) The nature of the examinations conducted under this section shall
be determined by the Board, and the Board shall adopt such rules and
regulations as it may deem necessary for such examinations.
(3) Upon written acknowledgement from the Board of Electrical Examiners
that an applicant is eligible to sit for the Class 2 exam, such applicant
may perform any and all electrical work while under the supervision
of a Class 1 licensee for a period not to exceed 30 days. After this
thirty-day period, said applicant shall be required to hold a Class
2 electrician's license to perform electrical work, until such
exam is taken and a passing grade is obtained. Under normal circumstances
this should be accomplished within 30 days. The Board may retract
any prior approval of an applicant and may fine the Class 1 license
holder for the applicant's failure to comply.
E. Examinations shall be either written or web based, and a complete record of every examination or certificates of successful completion of acceptable independent testing agency shall be kept on file until three years after the date of the examination. The Board shall cause licenses to be issued by the Director of Administrative Services/City Clerk to qualified applicants, and the Board shall certify to the Director of Administrative Services/City Clerk those applicants who shall show proper qualifications. In every case the license shall not be granted until after the prescribed fee has been paid. It shall also be the duty of the Board to revoke any license for good and sufficient causes as prescribed in §
131-8.
[Amended 4-27-2015; 2-10-2006 by L.L.
No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020; 9-26-2022]
F. It shall be the further duty of the Board to conduct
public hearings on any complaints made by the Deputy Chief of the
Fire Department or the Building Inspector of the City against any
electrical contractor and to review electrical matters in dispute
between the Building Inspector and property owners, electrical contractors
or others in case of appeal and to render decisions in all matters
brought before it.
[Amended 2-24-2003]
[Amended 7-14-1997; 4-30-2007; 4-27-2015; 9-26-2022]
A. No person shall engage in or carry on the business
of installing, maintaining, altering or repairing within the City
any electrical wiring devices, appliances or equipment unless such
person is the holder of a master electrician's license and a
certificate therefor. This shall apply to all work before, up to and
including the service rated disconnect on services within the City
of Jamestown. No person employed by or working under the direction
of a holder of a master electrician's license shall in any manner
undertake to execute any electrical work whatsoever except as provided
in this chapter, unless such person shall have received an electrician's
license and a certificate therefor.
B. No license shall be required in order to execute any
of the following classes of work:
(1) The maintenance and/or repair of any devices or equipment and associated
electrical connections in an industrial, institutional, or commercial
facility (to exclude residential occupancies) when performed on the
premises owned or leased by that facility and using employees of said
facility that are experienced workers regularly employed for such
maintenance purposes.
(2) The installation, alteration or repair of any devices or equipment
after the service rated disconnect and associated electrical wiring
by the owner of the property only when the property is occupied by
the owner and is a single-family or two-family residence. All work
before up to and including the service rated disconnect must be performed
by a City-licensed electrician.
(3) Minor repair work, the replacement of lamps and the connection of
portable devices to suitable receptacles which have been permanently
installed.
(4) The installation, alteration or repairing of any wiring device or
equipment for the operation of signals or the transmission of intelligence
where such wiring, devices, appliances are covered by NFPA 70 Article
100-I Communications Equipment, 645 Information Technology Equipment,
760 Fire Alarm Systems, 800 Communication Systems and equipment deemed
similar by the Board.
(5) The installation, alteration or repair of electrical wiring, devices,
appliances and equipment installed by an electrical public utility
for the use of such utility in the generation, transmission, distribution,
utilization or metering of the electrical energy or for the use of
such a public utility in the operation of signals or the transmission
of intelligence.
(6) Any work involved in the manufacture, test or repair of electrical
materials, devices, appliances or apparatus, not including any permanent
wiring other than that required for testing purposes.
(7) The assembly, erection and connection of electrical apparatus and
equipment by the manufacturer of such apparatus and equipment not
involving any electrical wiring other than that involved in making
electrical connections on the apparatus or equipment itself or between
two or more parts of such apparatus or equipment.
(8) Any work performed by an apprentice who is constantly under the direct
control and direction of a holder of a Class 2 license as provided
by this chapter; provided, however, that no more than one apprentice
shall be permitted to work under the direct control and direction
of a holder of a Class 2 license at any one time.
(a)
The word "apprentice," as used herein, is hereby defined as
an individual enrolled in a qualified electrical apprenticeship program
recognized and registered with the New York State Department of Labor
and/or the United States Department of Labor Bureau of Apprenticeship
and Training.
(b)
A qualified electrical apprenticeship program, as defined herein,
shall have an established set of criteria to be followed, including
but not limited to required hours of classroom instruction and a defined
period of time for on-the-job training, not to exceed five years per
individual apprentice.
(c)
Proof of registration of an apprentice in a qualified electrical
apprenticeship program shall be submitted to the Board of Electrical
Examiners together with the name of the apprentice qualified under
the terms of the exception herein.
(d)
The administrator of each qualified electrical apprenticeship
program shall submit an updated list of qualified apprentices to the
Board of Electrical Examiners no later than March 1 of each year.
(9) Disconnection and reconnection of an appliance or apparatus to existing
wiring.
(10)
City-licensed electricians shall perform all other electrical work per §
131-3 of the Code of the City of Jamestown.
[Amended 12-20-1999; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Two classes of licenses and certificates shall
be issued by the City Clerk/Treasurer after certification of the applicants
by the Board of Electrical Examiners, which shall be designated respectively
as "Class 1, master electricians, licenses," and "Class 2, electricians'
licenses." A Class 1 license shall entitle the holder thereof to all
of the rights and privileges of the Class 1 license and also those
rights and privileges of a Class 2 license.
A. A Class 1 license shall be issued to any person engaged in, or to engage in, the business of the installation, maintenance, alteration or repair of electrical wiring, devices, appliances or equipment who has been qualified under this chapter or to any person who has a partner, employee or officer who has been qualified under this chapter. A Class 1 license shall entitle the holder individually to engage in or to perform the actual work of installation, maintenance, alteration or repair of electrical wiring, devices, appliances or equipment as described in this chapter and shall additionally entitle the holder to direct or supervise such electrical work and conduct business as an electrical contractor. The holder of a Class 1 license shall employ only licensed electricians except as otherwise provided in §
131-2.
B. A Class 2 license shall be issued to any qualified
person and shall entitle the holder thereof to individually engage
in and perform the actual work of installation, maintenance, alteration
or repair of electrical wiring, devices, appliances or equipment as
described in this chapter, but shall not entitle the holder individually
to conduct business as an electrical contractor unless licensed as
a master electrician.
[Amended 8-10-1992 by L.L. No. 2-1992; 9-26-2022]
A. All applications for licenses shall be made, in writing, to the Secretary
of the Board, stating the class of license applied for, the name and
place of business of the applicant and, in the case of application
for a Class 1 license by a partnership, firm or corporation, the name
of the partner, employee or officer who holds a Class I license. Whenever
the holder of a Class 1 license dies or is no longer associated with
or employed by a partnership, firm or corporation and the license
of such partnership, firm, or corporation was issued on the basis
of qualifications of such deceased or former employee, the license
of such partnership, firm or corporation shall immediately expire.
A temporary license allowing the completion of work in process may
be granted by the Board to the partnership, firm or corporation, provided
that application for a new license is made within 30 days of the date
on which the previous license expired. An application for a Class
2 license shall also contain the residence, address and age of the
applicant. No application shall be accepted from persons under 18
years of age or, in the case of a Class 1 applicant, less than one
year as a Class 2 license holder.
B. Applicants for a Class 2 license (Journeyman Electrician) are required
to have a minimum of 6,500 on-the-job (OJT) hours executing electrical
work. The following additional criteria is considered, but not limited
to, in obtaining Board approval: electrical education from a college
of technology, degree obtained, and total hours of classroom and hands-on
lab training; enrollment in a NYS approved electrical apprenticeship
program, certificates obtained and total hours of classroom and hands-on
lab training; military training in the electrical field (i.e., as
a member of the Navy Seabees, Air Force Red Horse, Marine Engineers,
Army Engineers, or Coast Guard Engineers), certificates or qualifications
obtained, and total hours of classroom and hands-on training; a passing
grade on a Board-recognized and -approved test; or any state, city
or local license that an applicant possesses.
[Amended 2-22-1983; 8-28-1989; 12-26-1990; 1-27-1992; 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
For the portion of the calendar year for which the license is first issued, a fee as provided in Chapter
175, Licenses and Permits, shall be paid for Class 1 and 2 licenses. A nonrefundable application fee as provided in Chapter
175, Licenses and Permits, shall accompany each application. Both the nonrefundable application fee and the license fees shall be paid to the City Clerk/Treasurer, who shall deposit monthly such fees with the City Clerk/Treasurer of the City.
[Amended 2-22-1983; 12-26-1990; 1-27-1992]
A. Licenses will be issued by the City Clerk/Treasurer
after receiving a certificate stating that the applicant has qualified,
signed by the Secretary of the Board of Electrical Examiners, when
the applicant has met all the requirements of the Board with respect
to the class of license for which application is made, provided that
the license fee specified in this chapter has been fully paid. All
licenses shall be numbered in the order of their issuance, and each
license shall state the class of license and the name, business and
residence of the holder, the fee paid and the dates of issuance and
expiration. Each license shall, prior to issuance and validation or
renewal thereof, have affixed to it a photograph of the applicant.
Said photograph shall be similar in size to that of a passport photograph
and shall be provided by the applicant at the applicant's sole expense.
Licenses shall thereafter be valid upon signature by the City Clerk/Treasurer.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B. Each Class 1 license shall expire on March 1 and shall be renewed without further examination and with the payment of a renewal fee as provided in Chapter
175, Licenses and Permits, if the application for renewal is filed with the City Clerk/Treasurer on or before the date of such expiration. After March 1 of each year, each Class 1 license holder shall be entitled to renew such license without further examination and with payment of a renewal fee as provided in Chapter
175, Licenses and Permits, until May 1. After May 1, a Class 1 license holder who has failed to renew said Class 1 license as hereinbefore provided shall not have said license renewed, but instead shall be required to comply with the provisions of §§
131-4 and
131-5 of this chapter.
[Amended 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No.
2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
C. Each Class 2 license shall expire on March 1 and shall be renewed without further examination and with the payment of a renewal fee as provided in Chapter
175, Licenses and Permits, if the application for renewal is filed with the City Clerk/Treasurer on or before the date of such expiration. After March 1 of each year, each Class 2 license holder shall be entitled to renew such license without further examination and with the payment of a renewal fee as provided in Chapter
175, Licenses and Permits, until May 1. After May 1, a Class 2 license holder who has failed to renew said Class 2 license as hereinbefore provided shall not have said license renewed, but instead shall be required to comply with the provisions of §§
131-4 and
131-5 of this chapter.
[Amended 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No.
2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
D. Each Class 1 and Class 2 license that is renewed after
February 1, 1983, shall, prior to renewal, have affixed to such license
a photograph of the Class 1 or Class 2 license holder, as the case
may be. Said photograph shall be similar in size to that of a passport
photograph and shall be provided by the applicant at the applicant's
sole expense.
[Amended 12-20-1997]
A. No license or certificate issued in accordance with
the provisions of this chapter shall be assigned or transferred, and
no such license shall be used for the interests of any unlicensed
master electrician or electrician.
B. Every holder of a Class 1 license shall keep his certificate
of license displayed in a conspicuous place in his principal place
of business.
C. Every holder of a Class 2 license shall keep his certificate
of license on his person when he is engaged in doing electrical work
for which he has been licensed.
D. Every apprentice meeting the requirements of §
131-2B(7) of this chapter shall keep on his person, during all times electrical work is being performed by said apprentice pursuant to the provisions of this chapter, proof of said apprentice's registration in a qualified apprentice program.
[Added 7-14-1997]
A. Any license or certificate issued in accordance with
the provisions of this chapter may, after hearing, be suspended or
revoked by the Board of Electrical Examiners if the person holding
such license willfully or by reason of incompetence repeatedly violates
any statute of the state or any ordinance, rule or regulation of the
City relating to the installation, maintenance, alteration or repair
of electrical wiring, devices, appliances and equipment.
B. Whenever any license or certificate shall have been
revoked or suspended, no refund of any unearned portion of the license
fee shall be made. When any license has been revoked, no new license
shall be granted to the former holder of such license until at least
30 days have elapsed after the date of such revocation.
[Amended 9-26-2022]
This chapter shall not be construed to relieve from or lessen
the responsibility or liability of any party owning, operating, controlling
or installing any electrical wiring, devices, appliances or equipment
for damages to person or property caused by any defect therein. The
City shall not be held as assuming any such liability by reason of
any examination authorized in this chapter or the license and certificate
issued as provided within this chapter.
[Amended 10-22-1984; 4-17-1997; 2-24-2003; 11-26-2007]
A. Approval of electrical inspection companies. Electrical
inspection companies shall provide to the City of Jamestown a certificate
of insurance in the amount of at least $1,000,000 naming the City
of Jamestown as an additional insured. Upon request, the companies
shall provide, at no charge to the City, courtesy inspections.
[Amended 11-23-2009]
B. There shall be one class of electrical inspector. The license shall expire on March 1 each year. For the portion of the calendar year for which the license is first issued a fee as provided in Chapter
175, Licenses and Permits, shall be paid.
[Amended 9-26-2022]
(1) Electrical Inspectors Class 1 shall allow the inspection and reinspection of all portions of electrical services and installations from the weatherhead throughout the building and terminating at the end-use device(s). Qualifications for this license shall be the submission of an application, in writing, on a City of Jamestown form, a copy of the insurance as stated in Subsection
A above, and a current copy of both a certification as a New York State Code Enforcement Official and a certification from the International Association of Electrical Inspectors, or other nationally recognized testing agency, for the type of inspection to be performed.
A. All electrical installations, construction and work,
except temporary wiring and other work installed for test purposes
at power stations and manufacturing plants, shall be done and performed
under the provisions of this chapter.
B. Any person desiring to do any such electrical work
shall file a written application with the electrical inspector on
a form provided by the electrical inspector. The name of the person
doing the work, the owner of the building or structure, the location
of the building or structure and the scope of the work shall be given
on this form. The electrical inspector may require that drawings,
diagrams or a more complete written description of the proposed work
be filed as additional information with the application form. If such
proposed work complies with the requirements of this section and is
not in conflict with other valid ordinances of the City, the electrical
inspector shall issue a permit on a standard form authorizing the
work to proceed and stating any conditions that may apply to the proposed
work. No permit shall be binding upon the City or the officers named
in this chapter unless the same is in writing.
A. It shall be the duty of every person doing any work
referred to in this chapter to notify the electrical inspector, in
writing, at such time as may enable the electrical inspector to properly
inspect such work. It shall be the duty of the electrical inspector
to thereupon inspect such work and, upon the completion thereof, in
accordance with the provisions of this chapter, to issue to such person
which did such work his certificate approving such work.
B. The inspector is authorized to make inspections and
reinspections of electrical wiring installations, devices, appliances
and/or equipment located within and/or on properties within the City
where he deems it necessary for the protection of life and property.
[Amended 9-26-2022]
[Amended 10-22-1984; 2-24-2003; 9-26-2022]
A. Fees for a general electrical work permit shall be determined by
the estimated cost of the proposed improvement. Such cost shall exclude
the cost of any item where a specific fee is provided herein: up to
$3,000, a fee of $10, plus $2 per thousand dollars or fraction in
excess of $3,000. The minimum fee shall be $10 for residential, $50
for commercial, and $50 for industrial.
B. The charges for inspections shall be in accordance with the respective
schedules filed in the offices of the electrical inspection companies,
and such schedules shall be filed in the offices of the Deputy Chief
of the Fire Department and the respective electrical inspectors. Such
fees and charges shall be payable, as the case may be, to the electrical
inspection companies as compensation for the services of the electrical
inspector of the inspection company performing an electrical inspection
(or other related service) for which such electrical inspector or
inspection agency shall not be otherwise compensated by the City.
The electrical inspectors shall not charge an individual, person,
firm or corporation any amount in excess of the schedule of the inspection
agency thus fixed and filed.
[Amended 2-24-2003]
All electrical installations, construction and
wiring for supplying light, heat and power hereafter placed within
any building or part of any building used for business purposes or
public assembly, now completed or hereafter erected within the City,
shall be run in approved raceways, metallic conduit or metal molding.
The use of armored cable, except with special permission of the Fire
Department, is prohibited after March 1, 1960.
[Amended 2-24-2003; 4-27-2015]
The Deputy Chief of the Fire Department, through the electrical inspectors, is hereby authorized to make and prescribe supplemental rules in addition to this chapter, but not inconsistent therewith, for the purpose of carrying out and facilitating the enforcement of the provisions of this chapter. Such supplemental rules and changes shall not take effect until signed by the electrical inspector and approved, in writing, by the Deputy Chief of the Fire Department, which supplemental rules and changes as thus signed and approved shall be kept at all times while in force at the office of the Fire Department in the City Hall and shall be open for public inspection during the office hours thereof. The electrical inspector and the Deputy Chief of the Fire Department are charged with the duty of administering and enforcing this chapter in a practical and workmanlike manner, and for those purposes they shall be guided by the provisions of this chapter. Where this chapter fails to make provision for a particular type of electrical work, installation or inspection or any other matter in relation thereto, the Deputy Chief of the Fire Department and the electrical inspector shall be guided and governed by the National Electrical Code, as adopted by the National Fire Protection Association and as adopted by §
131-18, which is made a part of this chapter for all purposes.
No person shall make any service connection
or furnish current to any building within the City where electrical
work has been installed, altered or added, unless the electrical work
so installed, altered or added to in such building has been inspected
and approved as provided by this chapter or unless the electrical
inspector has issued a temporary permit for making such service connections
or for furnishing such current during building operations. The electrical
inspector may issue a temporary permit for making such service connection
or furnishing such current during operations, which permit must expire
within the period of time limited therein and which shall extend only
so long as may be reasonably necessary and required in connection
with such building operation. In the event that any person shall make
any service connection or furnish current under such temporary permit,
such service must be discontinued, and such current must cease to
be furnished upon the expiration of the time limited in such temporary
permit.
A. The Fire Department is hereby authorized to cause
the removal of unlawful or improper installations or construction
or work undertaken without a permit and which menace the safety of
the occupants of the buildings or the approach of firefighters or
tend to cause public conflagration or disaster.
[Amended 2-24-2003; 9-26-2022]
B. The summary removal of such installations and the
infliction of the money or criminal penalties provided by this chapter
shall not be interpreted to prevent the enforced removal of prohibited
conditions, installations or construction work.
[Amended 4-17-1978; 4-27-2015]
For the purpose of regulation of the installation,
alteration or repair of electrical installations and facilities in
the City of Jamestown and except as otherwise provided by this chapter,
the current State of New York approved edition of the National Electrical
Code, promulgated by the National Fire Protection Association, as
it may be from time to time amended, is hereby adopted and made to
apply within the City of Jamestown.
[Amended 2-24-2003]
The Deputy Chief of the Fire Department, through
the electrical inspectors, is authorized to enforce compliance with
this chapter by injunction or other legal process as provided by the
Charter of the City.
[Added 9-26-2022]
A. Appropriate action and proceedings may be taken at law or in equity
to prevent unlawful construction or electrical work or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent an illegal act, conduct,
business or use in or about any premises. These remedies shall be
in addition to penalties otherwise prescribed by law, and the imposition
of the penalties herein prescribed shall not preclude the City of
Jamestown from instituting an appropriate action or proceeding to
prevent an unlawful erection, construction, reconstruction, alteration,
repair, conversion or maintenance of use or to restrain, correct or
abate a violation or to prevent the occupancy of a building, structure
or premises or to prevent an illegal act, conduct, business or use
in or about any premises.
B. Notwithstanding anything in Subsection
A of this section, the Code Enforcement Officer(s) shall have the power to issue an appearance ticket for legal proceedings in the City of Jamestown Court upon failure of the responsible party to comply with a written order of the Code Enforcement Officer(s) within the time fixed for compliance specified therein. The Code Enforcement Officer(s) shall request the Office of Corporation Counsel of the municipality to appear on behalf of the City at such proceeding.
[Amended 10-8-1992 by L.L. No. 2-1992; 9-26-2022]
In accordance with Article 18 of the Executive Law of the State
of New York:
A. It shall be unlawful for any person to construct, alter, repair,
move, equip, use or occupy any building or structure, or portion thereof
in violation of any provision of this chapter or any applicable law
or ordinance, as well as any regulation or rule promulgated by the
Building Inspector, or to fail in any manner to comply with a notice,
directive or order of the Building Inspector or to construct, alter,
use or occupy any building or structure or part thereof in a manner
not permitted by an approved building permit or certificate of occupancy.
B. Any person who shall fail to comply with any provision of this chapter
or a written order of the Code Enforcement Officer(s) or Deputy Fire
Chief within the time fixed for compliance therewith, and any owner,
builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents, or any other person taking part or
assisting in the construction or use of any building, who shall knowingly
violate any of the applicable provisions of law or any lawful order,
notice, directive, permit or certificate of the Building Inspector
made thereunder shall be punishable by fine (plus applicable permit
and/or reinspection fees) according to the following schedule:
(3) Third offense: up to 14 days in jail.
C. Class 1 license holders may face a possible license suspension, or
revocation for knowingly hiring a nonlicensed electrician to perform
work in the City of Jamestown.
D. The employment of helpers or apprentices working with or under the
direct supervision of licensed electricians shall not be construed
to be a violation of this chapter.
E. Except as provided otherwise by law, such a violation shall not be
a crime, and the penalty or punishment imposed therefor shall not
be deemed for any purpose a penal or criminal penalty or punishment
and shall not impose any disability upon or affect or impair the credibility
as a witness or otherwise, of any person found guilty of such an offense.