[HISTORY: Adopted by the Town Board of the Town of Chester 8-7-1973.
Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 50.
[Amended 10-8-1991 by L.L. No. 6-1991; 6-1-2004
by L.L. No. 2-2004]
Duly appointed inspectors of the New York Board of Fire Underwriters,
Middle Department Inspection Agency or such other qualified agency as may
be from time to time designated by the Town Board are hereby authorized and
deputized as agents of the Town of Chester to make inspections and reinspections
of all electrical installation heretofore and hereafter described and to approve
or disapprove the same. In no event, however, will the cost or expense of
such inspections and reinspection be a charge against the Town of Chester.
[Added 6-1-2004 by L.L. No. 2-2004[1]]
All electrical installations pursuant to this chapter shall be made
in conformity with the requirements of the New York State Fire Prevention
and Building Code (NYSFPBC) and the National Electrical Code (NEC), as amended
from time to time and as adopted by the National Fire Prevention Association.
In the event of any conflict between the NYSFPBC and the NEC, the provisions
of the NEC shall govern and shall be deemed in compliance with this chapter.
[Added 6-1-2004 by L.L. No. 2-2004[1]]
A.
Any person or legal entity may apply to the Town Board
for permission to conduct electrical inspections. This application shall be
in writing on forms prescribed by the Town Board by resolution and shall be
accompanied by a nonrefundable fee of $150, together with an insurance certificate
showing statutory workers' compensation coverage and automobile and public
liability coverage for property damage and personal injury, including wrongful
death, naming the Town of Chester as additional insured, in an amount not
less than $1,000,000 or whatever amount the Town deems necessary.
B.
The application shall be submitted to the Building Inspector,
who shall review the same and who shall make an investigation as to qualifications
of the applicant. Within 30 days after the submission of the completed application,
the Building Inspector shall deliver copies of the complete application to
the Town Board with a recommendation for approval or disapproval. Within 30
days after receipt of the application and recommendation, the Town Board shall
approve the application. Failure to act within said period shall be deemed
an approval of the application.
C.
Upon approval, the Building Inspector shall issue a letter
of certification addressed to the applicant that the Town Board of the Town
of Chester has found the applicant to be a qualified electrical inspector.
Such certification shall remain in full force and effect until rescinded for
cause pursuant to a hearing held on not less than 10 days' written notice
to the inspector. Notice may be delivered personally or by regular and certified
mail. Upon delivery of such notice or upon the mailing of the same, certification
shall be suspended pending a determination.
D.
In the event that an applicant is not approved, the Town
Board may grant the applicant an opportunity to be heard on the merits of
the application at a regular or special meeting of the Town Board to be held
within 60 days after notice of disapproval is made to the applicant.
E.
It shall be the duty of the Building Inspector to maintain
a current list of all qualified electrical inspectors for the Town of Chester,
including their addresses, telephone numbers, dates of approval by the Town
Board and the dates of issuance of the certification. The Building Inspector
will be responsible for providing a current list of all certified inspectors
to the Town Clerk of the Town of Chester, on an annual basis or upon certification
or decertification of an inspector.
A.
Duties.
[Amended 6-1-2004 by L.L. No. 2-2004]
(1)
It shall be the duty of the approved inspector and/or
the duly appointed inspectors to report in writing to the Building Inspector
of the Town of Chester, whose duty it shall be to enforce all provisions of
this chapter, all violations or deviations from or omissions of the electrical
provisions of the Building Code applicable to the Town of Chester[1] and of all local laws, ordinances, regulations and the Building
Code as referred to in this chapter insofar as any of the same apply to electrical
wiring.
(2)
The approved inspector and/or the inspectors shall make
inspections and reinspections of electrical installations in and on properties
within the Town of Chester upon the written request of the Building Inspector
of the Town of Chester or the Supervisor of the Town of Chester.
(3)
The approved inspector and/or inspectors are authorized
to make inspections and reinspections of electrical wiring, installations,
devices, appliances and equipment in or on properties within the Town of Chester
where they deem it necessary for the protection of life and property.
(4)
In the event of an emergency, it is the duty of the approved
inspector and/or inspectors to make electrical inspections upon the oral request
of the Building Inspector or the Supervisor of the Town of Chester.
(5)
It shall be the duty of the approved inspector and/or
inspectors to furnish written reports to the Building Inspector of the Town
of Chester and the owners and/or lessees of property where defective electrical
installations and equipment are found upon inspection.
B.
Certificate of compliance. There shall be authorized
the issuance of a certificate of compliance when electrical installations
and equipment are in conformity with this chapter. A copy of the certificate
of compliance shall be sent to the Town of Chester to the attention of the
Building Inspector.
[Added 6-1-2004 by L.L. No. 2-2004]
This chapter shall not be construed to relieve or diminish the responsibility of any person owning, leasing, operating, controlling or installing any electrical installations or configurations pursuant to § 45-1 of this chapter for loss of life or injury or damage to any person or property caused by any defect or negligence therein, nor shall the Town or any of its agents, servants or employees be deemed to have assumed any such liability for any reason, including any inspection, reinspection or the issuance of any certificates pursuant to this chapter.
[Added 6-1-2004 by L.L. No. 2-2004]
The provisions of this chapter shall not apply to the electrical installations
in mines, ships, railway cars, cable television or automotive equipment or
the installations or equipment employed by a railway, electrical or communications
utility or cable television company in the exercise of its function as a utility
or cable television company and located outdoors or in buildings used exclusively
for that purpose. This chapter shall not apply to any work involved in the
manufacture, assembly, testing or repair of electrical machinery, apparatus,
materials and equipment by a person, firm or corporation engaged in electrical
manufacturing as its principal business. It shall not apply to any building
which owned or leased in its entirety by the United States government or the
State of New York.
[Amended 12-10-1980; 6-1-2004
by L.L. No. 2-2004]
It shall be an offense against this chapter for any person, firm or
corporation to install or cause to be installed or to alter electrical wiring
for heat, light or power in or on the properties of the Town of Chester until
an application for inspection has been filed with the New York Board of Fire
Underwriters. It shall be an offense against this chapter for a person, firm
or corporation to connect or cause to be connected electrical wiring in or
on properties for light, heat or power to any source of electrical energy
supply prior to the issuance of a temporary certificate or a certificate of
compliance by the New York Board of Fire Underwriters. An offense against
any provision of this chapter shall, upon conviction, be deemed a violation
pursuant to the Penal Law of the State of New York, punishable by a fine of
not more than $250 or by imprisonment for not more than 15 days, or both.
In addition to the above-provided penalties, the Town Board may also maintain
an action or proceeding in the name of the Town in a court of competent jurisdiction
to compel compliance with or to restrain by injunction any offense against
the terms of this chapter.
