[1]
Editor's Note: This local law superseded former
Art. IV, Electrical Inspections, adopted 2-24-1975.
Whereas it is in the best interest of the public safety, health
and welfare that all work concerning electrical installations and
alterations or wiring for electric light, heat, fire and smoke detection
systems or power in or on all real property within the Town of DeWitt,
New York, be made subject to the National Electrical Code, known as
the "National Fire Protection Association Standard No. 70," as amended,
as approved and adopted by New York State, and whereas, in order to
ensure that the provisions of said National Electrical Code and Building
Codes of New York State (BCNYS), as amended, are enforced in the Town
of DeWitt it is necessary that inspection services be performed therein
by duly qualified and responsible agencies, requiring the licensing
of inspection agencies, this article is hereby enacted to provide
for the licensing of inspection agencies within the Town of DeWitt
outside the Village of East Syracuse.
An "approved agency" hereunder shall mean any person, firm or
corporation engaged in the business of performing electrical inspections;
provided, however, that:
A.
Such agency is duly qualified to do business in the State of New
York.
B.
Such agency is acceptable, as an independent electrical inspection
agency, to the electrical utility or utilities furnishing electrical
energy in and to the Town of DeWitt.
C.
All agencies and/or inspectors must be licensed master electricians
licensed by New York State or certified by the International Association
of Electrical Inspectors (IAEI) to perform electrical inspections
as provided by applicable New York State recognized codes. IAEI inspectors
must have current one- and two-family and general electrical inspection
certifications and must maintain continuous training through the IAEI.
Licensed master electricians must have current licenses renewed annually
and maintain continuous training.
[Amended 7-8-2013 by L.L. No. 5-2013]
D.
Such agency has been approved after suitable investigation by the
Town Board of the Town of DeWitt and recommended by the Department
of Planning and Zoning.
E.
Such agency has filed with the Town Clerk suitable proof of current
liability insurance of not less than $3,000,000, including errors
and omissions, for each person and each occurrence to satisfy claims
or judgment for property damage and/or personal injury arising out
of failure of its inspector to properly discharge his duties and responsibilities.
There is hereby adopted by the Town Board of the Town of DeWitt
of the County of Onondaga and State of New York, for the purpose of
prescribing regulations governing the installation or alteration of
electric wiring and appurtenances for heat, light, smoke detection
systems or power, that certain code known as the "National Electrical
Code," as set forth in the National Fire Protection Association Standard
No. 70, as amended, and BCNYS, as amended, annexed hereto and made
a part hereof, and from the effective date of this chapter, the provisions
thereof shall be controlling within the limits of the Town, exclusive
of the incorporated Village of East Syracuse.
A.
It shall be the duty of the agency to report, in writing, to the
Department of Planning and Zoning, whose duty it shall be to enforce
all provisions of this Code, all violations or deviations from or
omissions of the electrical provisions of the National Electrical
Code, known as the "National Fire Protection Standard No. 70," as
amended, and BCNYS, as amended, applicable to the Town of DeWitt,
and of all local laws, ordinances and the Building Code of the Town,
insofar as any of the same apply to electrical wiring, assemblies
or equipment.
B.
The agency shall make inspections and reinspections of electrical
installations in and on properties in the Town of DeWitt, upon the
written request of an authorized official of the Town of DeWitt, or
as herein provided.
C.
The agency is authorized to make inspections and reinspections of
electrical wiring, installations, devices, appliances and equipment
in or on properties within the Town of DeWitt, where it deems it necessary
for the protection of life and property. In the event of an emergency,
it is the duty of the agency to make electrical inspections upon the
oral request of an official or officer of the Town of DeWitt.
D.
It shall be the duty of the agency to furnish written reports to
the Town of DeWitt Department of Planning and Zoning and owners and/or
lessees of property where defective electrical installations and equipment
are found upon inspection. It shall authorize the issuance of a certificate
of compliance when electrical installations and equipment are in conformity
with this article. It shall direct that a copy of the certificate
of compliance be sent to the Town of DeWitt, to the attention of the
Department of Planning and Zoning.
E.
It shall be the duty of the agency to obtain an annual license from
the Town Clerk on or before the end of the prior year. The annual
license fee shall be $250 per agency per year. In addition, the Town
of DeWitt shall receive a surcharge of $3 per electrical application
issued by said agencies and an additional $2 for every fifty-dollar
increment charged by the inspection agency. Such payments shall be
made to the Town of DeWitt's Planning and Zoning Department on
a quarterly basis, payable within 10 working days of the preceding
quarter.
F.
The agency shall provide the Planning and Zoning Department an annual
statement of number of applicants served and gross revenues, as well
as rates to be charged for the upcoming year. An annual report shall
be submitted to the Town Clerk within the first 30 working days of
the preceding year. The schedule of rates shall be provided to the
Town Clerk on or before the last day of the prior year.
A.
It shall be a violation of this article for any person, firm or corporation
to install or cause to be installed or alter electrical wiring for
light, heat, fire and smoke detection systems or power in or on properties
of the Town of DeWitt until an application for inspection has been
filed with an approved agency.
B.
It further shall be a violation of this article for a person, firm
or corporation to connect or cause to be connected electrical wiring
in or on properties in the Town of DeWitt for light, heat, smoke detection
systems or power to any source of electrical equipment prior to the
issuance of a temporary certificate or a certificate of compliance
by an approved electrical inspection agency.
Any person, firm or corporation violating any provision of this
article shall be deemed guilty of a violation and, upon conviction
thereof, shall be punishable by a fine not to exceed $500 or by imprisonment
for a period not to exceed 15 days, or by both fine and imprisonment.
Each separate day or any portion thereof during which any violation
occurs or continues shall be deemed to constitute a separate offense
and, upon conviction thereof, shall be punishable as herein provided.
The services performed by such approval agency shall be rendered
without cost to the Town of DeWitt; provided, however, that nothing
herein contained shall prevent such agency from charging fees to private
applicants for its said services in accordance with its published
schedule of fees, as the same may be amended from time to time, which
said schedules shall be on file with the Town Clerk.
This article shall take effect immediately upon filing with
the Secretary of State.
