[HISTORY: Adopted by the Council of the City
of Beacon 1-17-1972 as Arts. I and III of Ch. 9 of the 1972 Code of
Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the following meanings, unless the context requires otherwise:
A certificate issued by the New York Board of Fire Underwriters,
Bureau of Electricity.[1]
The person or persons authorized and required by this chapter
to make electrical inspections within the City of Beacon, 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 installing signaling systems operating on 50 volts
or more and 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.
Includes an individual, firm, partnership or corporation.
Includes any person who is in the exclusive employ of the
owner, lessee or manager of a building, plant or structure and whose
employment consists wholly or partly of the work of maintaining and
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.
[1]
Editor's Note: The former definition of "Board"
was repealed 5-17-1993.
The provisions of this chapter shall not apply
to persons engaged solely in selling 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 its 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 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 of service connections, meters
and other apparatus and appliances remaining the property of such
companies or plants after installation; nor to emergency repairing
of wiring and appliances on consumer's premises necessary for the
protection of life and 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 5-21-1990; 6-17-1991]
All installations or electrical work, all extensions
thereto and all alterations thereof within the City shall be in conformity
with the provisions of this chapter and of any other law or of any
ordinance, local law or building code of the City 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 where no specific standards are prescribed by law,
conformity with the regulations and requirements contained in the
National Electrical Code referenced and incorporated into the New
York State Uniform Fire Prevention and Building Code shall be prima
facie evidence of conformity with approved standards for safety to
life and property.
A.
The Chief Inspector, duly appointed as the representative
of the New York Board of Fire Underwriters, Bureau of Electricity,
and authorized and required as such representative to make electrical
inspections within the City or within an area which includes the City,
and each of his duly appointed deputy and assistant inspectors are
hereby authorized and deputized as agents of the City to make inspections
and reinspections of all electrical installations within the City
and all extensions thereto and alterations thereof and to approve
or disapprove the same.
B.
No inspector shall engage in the business of master
electrician, either directly or indirectly, nor shall he have any
financial interest in or connection with any person, firm, partnership
or corporation conducting such business.
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 electrical 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 electrical
wiring, devices, appliances or equipment found to be dangerous to
life or property because it is defective or defectively installed,
until it has been made safe and been approved by him.
D.
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 Chief of the Fire Department
of the City, within 24 hours after such occurrence, to report or cause
to be reported to the office of the New York Board of Underwriters,
Bureau of Electricity, from which such inspector operates the address
or location of such premises and to furnish such other information
and assistance with respect thereto as such inspector may require.
E.
The inspector shall make, periodically, a thorough
reinspection of the installation of all electrical wiring, devices,
appliances and equipment now or hereafter installed within the City
and within the scope of this chapter, 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. Upon the expiration of the time specified in the notice
given under this subsection and upon the failure of the person, firm
or corporation owning, using or operating the electrical wiring, devices,
appliances and equipment to comply with the order and notice, the
Building Inspector shall forthwith make an order directing the public
utility which supplies electrical services to the premises and to
any electrical wiring, devices, appliances or equipment to disconnect
and discontinue such electrical service and to remove or lock the
electrical meter of the premises until further notice by the Building
Inspector. A copy of such order shall also be mailed to the person,
firm or corporation owning, using or operating the electrical wiring,
devices, appliances and equipment.
[Amended 5-17-1993]
F.
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 the premises from
any source until a new inspection has been made.
A.
It shall be unlawful for any person, firm or corporation
to make connection from a source of electrical energy to any electrical
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 the use of electrical 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 electrical
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
the use of such electrical wiring, devices, appliances or equipment.
It shall be a violation of this section for
any person to install, alter or repair any electrical wiring in the
City until such time as proper application has been filed with the
New York Board of Fire Underwriters, Bureau of Electricity, and a
permit obtained. 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 chapter.
It shall be unlawful for any person to employ
an unlicensed electrician to do any electrical work in the City.
[Amended 5-17-1993]
All fees, fines and penalties derived by the
Building Inspector from the operation of this chapter shall be turned
over by the Building Inspector to the Treasurer 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 Treasurer
into the general fund of the City and shall be available for use for
any lawful City purpose.
A.
This chapter shall not be construed to relieve from
nor lessen the responsibility of any person owning, operating, controlling
or installing any electrical wiring, devices, appliances or equipment
for loss of life or damage to person or property caused by any defect
therein, nor shall the City be deemed to have assumed any such liability
by reason of any inspection made or license issued pursuant to this
chapter.
B.
Every licensed electrician shall, at the time of the
issuance of a license, the renewal of a license or the issuance of
an electrical permit, carry a minimum of $500,000 in liability insurance
with a stipulation that such insurance names the City of Beacon as
an additional insured. A certificate from the insurance carrier certifying
such coverage shall be filed by the electrician at the time his or
her license is issued, at the time of renewal or when a permit is
granted.
[Added 5-21-1990]
[Amended 5-17-1993]
Any action of the Building Inspector 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 Act.[1]
[1]
Editor's Note: See now Article 78 of the Civil
Practice Law and Rules.
[Amended 3-16-1992 by L.L. No. 2-1992]
Any person who shall directly or indirectly engage in or work at the business of master electrician in the City without a license therefor or who shall violate any of the provisions of this chapter or of any rule or regulation made pursuant to thereto or who, having had his license suspended or revoked, shall continue to engage in or work at the business of master electrician shall, upon conviction thereof, be punishable by a penalty as prescribed in § 1-3.
No person shall hereafter engage in, carry on
or conduct the business of master electrician, nor do or perform or
offer or undertake or contract to do or perform the work of a master
electrician within the City, nor 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 under the direction of a person
so licensed.
No person shall hereafter engage in, undertake
or perform the work of a special electrician, nor agree to do or perform
such work in the City, nor hold himself out to the public, directly
or indirectly, as being able so to do unless licensed therefor pursuant
to this article, and no person shall directly or indirectly hire,
employ, engage or suffer or permit any person to do the work of a
special electrician unless such person is licensed as a special electrician
pursuant to this article.
[Amended 5-17-1993]
A.
Every person desiring a license as a master electrician
under this article shall make application therefor to the Building
Inspector in such form and detail as the Building Inspector may prescribe.
Such application shall state, among other things, the name and place
of business of the applicant, the class of license applied for and
the name of the representative of the applicant, who will take the
examination for the license and who will act as the supervisor of
the work to be done under the license, if granted. If the applicant
is a corporation, any one of the officers of the corporation who owns
and holds at least 25% of the issued and outstanding capital stock
may be designated as the representative of the applicant for such
purposes.
B.
A person who owns, leases, manages, maintains or operates
one or more buildings or structures constituting a plant occupied
or used for commercial purposes or industrial purposes, desiring a
license as a master electrician so that the work of a master electrician
may be regularly performed in such a plant, may make application therefor
to the Building Inspector in such form and detail as the Building
Inspector may prescribe or may regularly employ a licensed master
electrician for such purpose. Such application shall state, among
other things, the name and nature of the business of the applicant,
the location and description of the buildings or structures constituting
the plant of the applicant where the work of a master electrician
will be performed under the license, if granted, and the name of the
representative of the applicant who will take the examination for
the license and who will act as the supervisor of the work to be done
under the license granted.
[Amended 5-17-1993]
Every person desiring a license as a special
electrician under this article shall make application therefor to
the Building Inspector in such form and detail as the Building Inspector
may prescribe. Such application shall state, among other things, the
name and residence address of the applicant, the name and business
address of the person employing or who desires to employ the applicant
and the nature and extent of the experience of the applicant in work
as a special electrician.
Each application for a license under this article
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. The fee shall be returned to the applicant upon
failure to pass the examination.
[Amended 5-21-1990; 5-17-1993; 7-6-2010 by L.L. No. 10-2010]
Applicants for the licensure examination must pay a filing fee
of $50 at the time such application is submitted. The initial license
fee as set forth in the City of Beacon fee schedule[1] is also due at that time. If the applicant, upon review,
is found to be ineligible to take the examination, the initial license
fee is hereby refunded to the applicant.
[1]
Editor's Note: The fee schedule is on file in the City
offices.
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.
[Amended 5-17-1993; 6-17-1996 by L.L. No. 5-1996]
No license as a master electrician shall be
granted to any person unless he shall prove to the satisfaction of
the Building Inspector that he is a competent electrician and qualified
to do electrical contracting, construction and installation work and
electrical wiring; and 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 knowledge of the requirements and provisions of the National
Electrical Code, a knowledge of regulations and provisions of the
electrical installation of the public utility company supplying electricity
in the City and a knowledge of the provisions of this chapter and
the rules and regulations of the Building Inspector and the laws of
the state, if any, and of the City for installation of electrical
wiring, devices, appliances and equipment and of the provisions thereof
requiring permits therefor.
[Amended 5-17-1993]
No license as a special electrician shall be
granted to any person unless he shall prove to the satisfaction of
the Building Inspector that he is a competent electrician and qualified
to do electrical repairing and maintenance work; 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 or likely to be used in the
building, plant or structure where he is or will be employed, combined
with a practical working knowledge of the requirements and provisions
of the National Electrical Code; and has a knowledge of the provisions
of this chapter and the rules and regulations of the Building Inspector
and the laws of the state, if any, and of the City for the repair
and maintenance of electrical wiring, devices, appliances and equipment.
No license shall be granted under this article
to any person who is less than 21 years of age or does not comply
with the New York State Workers' Compensation Law.
[Amended 5-21-1990; 5-17-1993; 3-18-2002 by L.L. No. 11-2002; 10-7-2002 by L.L. No. 26-2002; 12-15-2008 by L.L.
No. 15-2008; 7-6-2010 by L.L. No. 10-2010]
The Building Inspector may issue licenses under
this article as follows:
A.
Master electrician's license, Class A. A master electrician's
license, Class A, shall authorize the licensee to engage in the business
of master electrician within the City. In order to change the expiration
date of all electricians' licenses to December 31 of each calendar
year in which they are issued, it is provided that as of June 30,
2002, electricians are hereby given the option of obtaining a six-month
license to end on December 31, 2002. A fee for such licenses shall
be collected as set forth in the City of Beacon fee schedule.[1]
[1]
Editor's Note: The fee schedule is on file in the City
offices.
B.
Master electrician's license, Class B. A master
electrician's license, Class B, shall authorize the licensee
to engage in the business of master electrician in the City, but only
for the purpose of undertaking, performing and completing a single
continuous job or installation at one location or property. Properties
with multiple buildings shall require a separate Class B license for
each building. The master electrician's license Class B shall
end at the conclusion of the single continuous job or installation
at one location or property for which it is issued. A fee for such
licenses shall be collected as set forth in the City of Beacon fee
schedule.
C.
Special electrician's license. A special electrician's
license shall authorize the licensee to perform only the work of a
special electrician for an employer and at a location designated and
specified in the license for a period ending the 31st of December
of the year in which it is issued. Such a license shall not authorize
the holder thereof to engage in, perform or supervise the work of
installing, erecting, altering or extending electrical wiring, apparatus,
fixtures, devices, appliances and equipment for light, heat or power
purposes or for signaling systems operating on 50 volts or more or
otherwise to do or perform the work of a master electrician, and all
persons licensed as special electricians under this article are prohibited
from performing or supervising such work. The fee for such license
is as set forth in the City of Beacon fee schedule. 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 set forth in the
City of Beacon fee schedule. Upon receipt of a proper application
therefor, the Building Inspector shall grant the holder of such a
license permission to do the work of a special electrician for an
employer or at a location not designated in the license in lieu of
the one designated therein without any additional fee, and a new license
specifying the new employer and/or the new location, as the case may
be, is hereby issued upon the surrender of the old license.
No license issued under this article shall be
assignable or transferable.
A.
Each license as a master electrician issued under
this article 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.
B.
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 that he has the requisite
qualifications of stock ownership prescribed in this article therefor.
C.
The same person shall not be designated as the supervisor
in two or more licenses issued to different holders.
D.
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 Building
Inspector of that fact forthwith and shall promptly designate another
person as the representative of the holder, who shall submit himself
for the examination to the Building Inspector 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.
[Amended 5-17-1993]
E.
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 Building Inspector.
[Amended 5-17-1993]
Each license issued under this article 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 license not renewed
within the time prescribed by this section shall lapse at the expiration
of its term, and the holder of such license must thereafter qualify
for an original license under this article and comply with all the
requirements and provisions of this article relative thereto.
A.
No person otherwise qualified shall engage in, carry
on or conduct the business of master electrician within the City until
he has first procured from the Building Inspector a metal, glass or
wood plate or sign appropriately lettered or marked "Licensed Master
Electrician," such plate or sign to be conspicuously posted in the
window or on the door or outer entrance, visible from the street,
of the place of business of the licensee, not in violation of any
Zoning Ordinance. A person retiring, abandoning or not actually engaged
in the business of master electrician, or whose license has expired
or has been suspended or revoked, shall surrender to the Building
Inspector such plate or sign and shall not again engage in such business
until he is licensed and/or has again procured such plate or sign
as herein provided.
[Amended 5-17-1993]
B.
The Building Inspector shall prepare metal, glass
and/or wood plates or signs, at least 14 inches wide and not less
than 22 inches in length appropriately lettered or marked "Licensed
Master Electrician," the lines of each letter to be not less than
three inches long and five-eighths (5/8) of an inch wide; such plate
or sign shall, on some part thereof, contain an identification number,
which number, together with the name and location of the place of
business of the person to whom issued, shall be recorded in the office
of the Building Inspector. Every person to whom a Class A master electrician's
license is granted under this article, upon the payment of a fee equal
to the cost of the plate or sign to the Building Inspector, shall
have issued to him a plate or sign as herein described.
[Amended 5-21-1990; 5-17-1993]
C.
Any person to whom such plate or sign has been issued
who shall loan, rent, sell or transfer the same to another person,
whether such person is entitled to receive a similar plate or sign
or not, or otherwise willfully violate the provisions of this section
shall be punishable by the Building Inspector by a fine 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
license under this article.
[Amended 5-17-1993]
D.
Each Class A master electrician licensed under this
article shall have a telephone listed under his name and shall display
his name on the directory or on the outer entrance of the building
in which his place of business is located and on all stationery, advertisements
and other printed matter used in connection with his business.
E.
If any Class A master electrician licensed under this
article does not maintain a regular place of business by reason of
the fact that he 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 name as provided in this section.
[Amended 5-21-1990; 3-16-1992 by L.L. No. 2-1992; 5-17-1993]
A.
Any license issued under this article may be suspended
or revoked, in the discretion of the Building Inspector, 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 Building
Inspector is so 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 chapter or of any other law or
of any ordinance, local law or the building code of the City governing
electrical work or requiring permits therefor or any requirement contained
in the rules and regulations of the current National Electrical Code,
National Fire Protection Association.
