[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:
The Board of Electrical Examiners of the City of Kingston,
New York, established by this article.
A certificate issued by the inspector.
[Amended 8-4-2009 by L.L. No. 11-2009, approved 8-13-2009]
The person or persons authorized and required by this article
to make electrical inspection within the City of Kingston, New York.
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]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was repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.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repealed 9-12-2018 by L.L. No. 5-2018, approved 10-1-2018.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.
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]
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]
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]
[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]
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]
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.
A reciprocal license agreement may be arranged
where the license requirements of the counties involved or the political
subdivisions thereof are substantially equivalent.
It shall be unlawful for any person to employ
an unlicensed electrician to do any electrical work in the City of
Kingston, New York.
[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.
This article shall be published once in each
of the newspapers of the City of Kingston, New York, and shall take
effect immediately after such publication.
