This article shall be known as the "Electrical
Licensing Ordinance."
For the purposes of this article, the following
terms shall have the meanings set forth in this section, unless different
meanings are clearly indicated by the context in which they appear:
The Director of the Office of Planning and Neighborhood Development
or his/her designee.
[Added 5-20-1996 by Ord. No. 10.51.96]
A person employed by a licensed master electrician performing
electrical work for which a permit is required under the direct and
immediate supervision of a journeyman electrician. An "apprentice"
must be at least 18 years of age.
A permit issued by the Board. It allows a person to be employed
by a licensed master electrician to do electrical work for which a
permit is required, under the supervision of a journeyman electrician.
The Electrical Examining Board of the City of Albany.
A person who meets any of the following qualifications:
Five years' experience doing electrical work
for which a permit is required under the supervision of a licensed
master electrician.
Four years' experience doing electrical work
for which a permit is required under the supervision of a licensed
master electrician plus the equivalent of one year of schooling at
an accredited electrical trade school or in an approved apprentice
training school.
A permit issued by the Board. It allows a person with the
requisite journeyman electrician qualifications to supervise apprentice
electricians as provided in this article.
A person who has passed the examination given by the Board
of Electrical Examiners and who holds a valid license issued in accordance
with the provisions of this article.
[Amended 5-20-1996 by Ord. No. 10.51.96]
A natural person, corporation, partnership, association,
joint venture or any other entity however termed.
[Amended 5-20-1996 by Ord. No. 10.51.96; 1-24-2008 by Ord. No. 3.21.07]
There is hereby created the Electrical Examining
Board. The Board shall consist of five members, who shall be appointed
by the Mayor. The composition of the five members shall be as follows:
A.
The Director of the Division of Buildings and Codes.
B.
An authorized representative of National Grid (power
utility).
C.
Two master electricians engaged in electrical work,
employing one or more electricians, and who have been continuously
licensed by the City of Albany for at least five years.
D.
One NYS-licensed fire alarm installer, who shall be
certified to NICET Level 4.
A.
The Director of the Division of Buildings and Codes
shall be a member of the Board as long as he holds his position as
Director. The remaining members shall serve for terms of three years.
[Amended 5-20-1996 by Ord. No. 10.51.96; 1-24-2008 by Ord. No. 3.21.07]
B.
The members constituting such Board first appointed
shall hold office for the following terms and until their successors
are appointed: two (2) to and including December 31, 1980; two (2)
to and including December 31, 1981. The certificate of appointment
shall designate the terms of each appointee.
C.
Thereafter, at the expiration of the term for which
each member shall be appointed, the Mayor shall fill the vacancy by
appointment of the person with the same qualifications of the member
whose office has terminated.
The Board shall elect a Chairman and Secretary
from its membership, who shall retain voting rights identical with
those of the remainder of the Board.
Three (3) members of the Board shall constitute
a quorum for the transaction of business. All actions of the Board
shall be by majority vote of the quorum present, except that action
resulting in the issuance, modification, suspension or revocation
of a license shall be by at least three (3) affirmative votes.
[Amended 5-20-1996 by Ord. No. 10.51.96]
Except for the Director of the Office of Planning
and Neighborhood Development, who shall serve without pay, the other
members of the Board shall receive such compensation as may be authorized
from time to time by the Common Council.
The Board shall meet at least once each month
and at such other times as the Mayor, the Chairman or a majority of
the Board deems necessary for the effective discharge of the business
of the Board.
A.
The Board shall investigate and examine the knowledge
and technical ability of each license applicant. The qualifications
shall be determined in part by an examination of a practical and elementary
character sufficiently rigid to test the knowledge of the applicant
with respect to performing electrical work which is in compliance
with City ordinances and the applicable standards of the State Building
Code. The type of examination shall be determined by the Board and
may be written, oral and demonstrative.
B.
The Board shall investigate and examine the knowledge, technical ability and past record of each applicant for renewal of a license. Where there is substantial evidence that the renewal applicant's past performance of electrical work has been inferior or has violated City ordinances, the Board may require, in addition to any other remedies, that the applicant be reexamined, as provided in Subsection A above.
C.
The Board shall authorize the issuance of licenses
by the Administrator as provided by ordinance. The Board shall not
limit the number of licenses that shall be issued.
[Amended 5-20-1996 by Ord. No. 10.51.96]
D.
The Board shall investigate and examine all charges
preferred against any holder of a license and his eligibility to continue
to hold a license.
E.
The Board shall adopt rules and regulations to govern
its actions in exercising its powers and duties. A majority vote of
the whole Board is required for the adoption or amendment of any rule
or regulation. Twenty (20) days' written notice of any proposed amendments
to the rules and regulations must be given to all Board members.
F.
The Board shall maintain an orderly set of records
and shall perform such other duties as are hereinafter required of
it and as may be directed by ordinance of the Common Council.
Every person desiring to engage in any business
or perform any work for which an electrician's license is required
and who has the experience required herein for doing so shall appear
before the Electrical Board and pass an examination as to his qualifications
and competency for the class of license desired by him as required
by the provisions of this article.
[Amended 5-20-1996 by Ord. No. 10.51.96]
A.
The Board shall grade all examinations with not less
than two (2) members present, participating in and concurring with
the gradings. The Board shall certify to the Administrator the name
of each applicant passing an examination and the grade of license
for which he was qualified. A minimum grade of seventy percent (70%)
shall be required as a passing grade.
B.
Upon such certification and the payment of the prescribed
fee and evidence of insurance where insurance is required, the applicant
shall be issued a license of the grade for which he has been certified,
which license shall be signed by the Administrator.
A.
The Board shall conduct examinations at least once
each calendar year and in no case more than 12 months from the date
of the last test.
[Amended 12-21-2009 by Ord. No. 52.71.09]
B.
Applicants failing their first test may be reexamined
at the next scheduled test. Applicants failing more than one test
may be reexamined at yearly intervals only.
An applicant who has passed an examination for
any grade of license must obtain the license by paying the prescribed
fee within 30 days of receiving notice of passing said test. Failure
to do so will require the applicant to again qualify himself by passing
another examination.
The Electrical Board shall notify by mail any
applicant of his grade within 10 days of the examination. Applicants
failing the examination may review their tests at the Building Department
for a period of 30 days after receiving notice of failure. All tests
will be destroyed after the thirty-day period.
[Amended 1-24-2008 by Ord. No. 3.21.07]
A.
Applicants for the master electrician's license examination
must meet the following qualifications:
(1)
They must pay the prescribed fee.
(2)
They must possess the following training or experience.
Said experience, defined as 1,800 work hours, constitutes one year
of experience.
(a)
Either seven years' practical experience under
the supervision of a licensed master electrician performing work for
which an electrical permit is required; or
(b)
A Bachelor of Science degree in electrical power
engineering from a four-year program at an accredited college or university
and at least three years of practical experience, under the supervision
of a licensed master electrician, in the performance of electrical
work for which a permit is required in the City of Albany; or
(c)
An Associate of Science degree or its equivalent,
consisting of a two-year program of study in electrical engineering
from an accredited college or university and at least five years of
practical experience under the supervision of a licensed master electrician
performing electrical work for which a permit is required in the City
of Albany; or
(d)
A degree from an accredited electrical trade
school and at least five years of practical experience under the supervision
of a licensed master electrician performing electrical work for which
a permit is required in the City of Albany; or
(e)
A certificate from a New-York-State-approved
apprenticeship program, with in-service training totaling 5,000 hours
and at least two years of practical experience under the supervision
of a licensed master electrician performing electrical work for which
a permit is required in the City of Albany; or
(f)
A master electrician's license issued by another
licensing jurisdiction, with evidence that the applicant has continuous
practical experience under that license for at least 10 years; or
(g)
Such other electrical schooling or training
which the Board finds to be substantially equivalent to any of the
above plus the requisite number of years of practical experience under
the supervision of a licensed master electrician, so that the time
of training plus practical experience is seven years. Under this subsection,
however, for at least three of the seven years the applicant must
have been performing electrical work under the supervision of a licensed
master electrician for which a permit would have been required.
B.
Proof of training and experience.
(1)
The Board, by rule or regulation, shall set forth
the types of proof required to prove an applicant's qualifications.
Under this section, the experience required may have been under an
electrician licensed by another jurisdiction whose requirements are
substantially similar to those required by this article. Although
various forms of proof of training and experience may be found acceptable
to the Board, the following are typically considered acceptable:
(a)
Notarized testimony from a licensed master electrician,
listing dates, duration and total hours worked by the applicant.
(b)
Official school transcripts.
(c)
Apprenticeship training certificate.
(d)
Payroll records or pay stubs with hours worked.
(e)
Copies of an electrical license issued to the
applicant by another licensing jurisdiction, along with an itemization
of that jurisdiction's requirements for licensing.
(f)
Copies of approvals of work issued to the applicant
from a recognized inspection agency, listing the work performed and
the dates completed.
(2)
The Board specifically reserves the right to accept
or reject any of the above items as substantiation of an applicant's
qualification. Any proof of training or experience must clearly identify
the applicant and the individual, agency or institution issuing the
document. Documents must be accompanied by dates of service, contact
information of the individual, agency or institution and the contact
information of an individual familiar with the applicant's work or
schooling.
[Amended 1-24-2008 by Ord. No. 3.21.07]
No person shall contract to or conduct a business
to perform any electrical work in the City of Albany for which a permit
is required unless that person shall hold a valid master electrician's
license or a temporary electrician's license issued by the City of
Albany.
[Amended 5-20-1996 by Ord. No. 10.51.96; 1-24-2008 by Ord. No. 3.21.07]
Upon certification by the Board that an applicant
has met all the qualifications to be issued a master electrician's
license or a temporary master electrician's license, the Director
of the Division of Buildings and Codes shall issue said applicant
a master electrician's license or temporary master electrician's license,
as the case may be.
[Amended 1-24-2008 by Ord. No. 3.21.07]
The Board of Electrical Examiners may, at its
discretion, require the issuance of individual permits for apprentice
and journeyman electricians working in the City of Albany. The Board
shall promulgate the qualifications required, terms under which such
permits may be issued and the fees associated with such permits.
[1]
Editor's Note: Former § 171-36,
Scope of apprentice training permit, was repealed 1-24-2008 by Ord.
No. 3.21.07.
[1]
Editor's Note: Former § 171-37,
Qualifications for journeyman permit, was repealed 1-24-2008 by Ord.
No. 3.21.07.
[1]
Editor's Note: Former § 171-38,
Scope of journeyman permit, was repealed 1-24-2008 by Ord. No. 3.21.07.
[Amended 1-24-2008 by Ord. No. 3.21.07]
A.
In lieu of passing the examination given by the Board, an individual may apply for a temporary master electrician's license. The applicant must present to the Board satisfactory evidence that he or she possesses all the qualifications for a master electrician's license as set forth in § 171-32. In addition, the applicant must also:
(1)
Possess a master electrician's license issued by another licensing jurisdiction whose requirements for licensing are substantially equivalent to those set forth in § 171-32; and
(2)
Demonstrate that he or she has performed work continuously
under the license issued by the other jurisdiction for a period of
not less than 10 consecutive years.
B.
The Board may accept or reject any evidence of qualification
submitted by the applicant. The Board may accept or reject any applicant
for a temporary master electrician's license, regardless of the applicant's
qualifications.
A temporary master electrician's license shall
entitle the holder thereof to carry on the business of a licensed
master electrician, but shall entitle the holder to undertake the
execution of work on a single continuous installation only, such installation
to be confined to one location or property. A temporary master electrician's
license shall be valid for one year from the date of its issuance,
or until the work for which it was issued is completed, whichever
occurs first.
A.
A master electrician's license shall expire one year
after the date of its issuance. Said license may be renewed from year
to year upon tender of a renewal application with the proper fees.
If the application for renewal is made within two months after a license's
expiration, there shall be no need for a further examination.
[Amended 12-21-2009 by Ord. No. 52.71.09]
B.
A temporary master electrician's license shall expire
one year from the date of its issuance or at the time of the completion
of the installation for which said license was issued, whichever occurs
first. If, at the end of the one-year period, the installation work
for which the license was issued is not completed, a new temporary
master electrician's license must be obtained.
No person shall lend, rent, transfer, assign
or exchange, in any manner, his license to any other person; nor shall
any person make use of a license which is not his own.
A.
All holders of master electrician's licenses and temporary
master electrician licenses shall carry workmen's compensation insurance,
unemployment compensation insurance and disability insurance when
required by law.
B.
All holders of such licenses shall furnish proof of
bodily injury, public liability and property damage insurance, exclusive
of motor vehicles, of not less than $100,000 for one person injured
in any one accident and $300,000 for more than one person injured
in any one accident and property damage insurance of not less than
$100,000 per accident.
C.
Proof of required insurance shall be submitted to
the Board at the time of the issuance or renewal of the license.
D.
If a holder of a master electrician's license or temporary
master electrician’s license be regarded as having an inactive
status by the Board, the license holder shall not be obligated to
fulfill the above while said license holder is inactive in the City
of Albany.
[Added 1-24-2008 by Ord. No. 3.21.07]
[1]
Editor's Note: Former § 171-44,
Fees, was repealed 3-20-1995 by Ord. No. 9.32.95. This legislation
was adopted in the 1983 Code numbering and was redesignated by the
Editor to fit the 1995 Code format.
A.
Licenses issued in the name of entities other than
individuals shall also designate the name of the licensed master electrician
who actually holds the license.
B.
Such licensed master electrician shall be an officer,
partner or employee of the firm to which the license is issued.
C.
The same person shall not hold more than one master
electrician's license.
D.
In the event that the licensed master electrician
who holds an entity's license in his name becomes no longer employed
by or associated with said entity, such change in circumstance shall
be reported to the Administrator within 30 days of said change. The
report must be made by both the entity and the actual license holder.
At that time, the entity must certify to the Board the name of another
licensed master electrician who shall hold the entity's license in
his name.
[Amended 5-20-1996 by Ord. No. 10.51.96]
E.
For good cause shown, the Board may extend the time
in which an entity must certify the name of the licensed master electrician
who will hold their license. No extensions shall total more than one
year.
It shall be unlawful for any person to hold
himself out to the public as a master electrician licensed by the
City of Albany unless he possesses a valid master electrician's license
issued by the City of Albany.
A.
In addition to the penalties prescribed below, the
Administrator, upon recommendation of the Board, may suspend or revoke
any electrician's license issued pursuant to this article for violations
of any provisions of this article or any other City ordinance, local
law, state law or rule or regulation of the Board with which said
license holder must comply as an electrician.
[Amended 5-20-1996 by Ord. No. 10.51.96]
B.
Any person violating any provision of this Electrical
Licensing Ordinance shall be guilty of an offense punishable by a
fine not to exceed $1,000 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment, or for a penalty not to exceed
$1,000 to be recovered by the City of Albany in a civil action.
[Amended 5-19-2008 by Ord. No. 25.42.08; 12-21-2009 by Ord. No. 52.71.09]
C.
The City of Albany, in addition to any other penalties
provided for, may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with, or to restrain by injunction
the violation of, any provision of this article.
A.
Any person charged with the violation of any provision
of this article or of any City ordinance with which a licensed electrician
must comply has the right to notice of the charges in writing and
an opportunity to be heard.
B.
Hearings shall be held before three members of the
Board. If a majority of the Board members hearing the case finds that
the person charged has committed the violations, it may recommend
to the Administrator that said person's electrical license be suspended
or revoked. Where the person charged has no electrical license, the
recommendation may be to suspend the person's right to apply for an
electrical license.
[Amended 5-20-1996 by Ord. No. 10.51.96]
C.
Upon recommendation of the Board, the Administrator
may suspend or revoke a person's electrical license as follows:
[Amended 5-20-1996 by Ord. No. 10.51.96]
D.
During a suspension or revocation, the license shall
be null and void. After the termination of the period of a suspension,
such license shall become valid upon tender of any renewal fees that
have become due. Upon permanent revocation, said license holder shall
not be allowed to reapply thereafter.
E.
The suspension or revocation penalties are in addition
to any penalties imposed by the court.
An electrical license is not required for the
following classes of work:
A.
Any work done by persons employed by manufacturers
or purveyors of electrical equipment in servicing their own products.
B.
Any electrical work performed on a system which requires
25 volts or less for its operation.
C.
The connection or disconnection of portable plug-in
appliances to permanently installed receptacles, or the attachment
or disconnect of input terminals of electrical appliances; the replacement
of defective devices with directly interchangeable types, i.e., fuses,
lamps, switches (when enclosing boxes are not disturbed), receptacles,
sockets, motors, transformers, ballasts, relays, timers, heaters,
circuit breakers or fuse holders that are part of a control assembly,
and similar devices that generally do not disturb the fixed wiring
system, any electrical work performed on portables themselves or within
the internal assembly of appliances; all classes of normal adjustments
to electrical devices; the rewinding and repair of motors and similar
devices.
D.
Persons engaged solely in selling or solely in the
attachment of ordinary electrical appliances to existing circuits
where no joining or splicing of electrical conductors is required.
E.
Work in connection with the installation, maintenance
and repair of elevators by persons principally engaged in this business.
F.
Work involved in the manufacture, test, assembly and
repair of electrical machinery, apparatus, materials and equipment
when performed by persons engaged in manufacturing as their principal
business.
G.
Work in connection with the erection, construction,
maintenance or repair of lines for the transmission of electricity
from the source of supply, to and including the service connection
on the premises of the consumer by authorized public service companies.
H.
Work of companies incorporated for the transmission
of communications by electricity in the installation, maintenance
or repair of wires, apparatus, fixtures or other appliances in connection
therewith.
I.
Work in connection with the installation, maintenance
or repair of electric wiring and equipment of establishments having
their own high-voltage distribution system, provided that said work
is performed by regularly assigned and trained electrical crews being
employees of the owner (owners) of said establishment, and provided
further that the electric wiring and equipment are subject to periodic
inspection by an approved industrial insurance carrier or fire-rating
organization. "High voltage," as used herein, shall be defined as
a minimum of 2,300 volts.
A.
For work to be done in the City of Albany, it shall
be unlawful for any person to contract for, allow or perform the installation
of electrical wiring or equipment unless:
(1)
Prior to any such installation the proper electrical
permit is obtained from the Administrator; and
[Amended 5-20-1996 by Ord. No. 10.51.96]
(2)
The work is performed by or under the supervision
of a licensed or temporarily licensed master electrician, if said
worker is employed by the licensed master electrician supervising
same work.
[Amended 12-21-2009 by Ord. No. 52.71.09]
B.
For the purpose of this article, electrical wiring
or equipment shall include but not be limited to the following: electrical
conductors; fittings; devices; raceways; signs; fixtures; motors;
generators; starters; controllers; controls, motors and related electrical
equipment for heating units; that part of elevator or escalator equipment
consisting of feeder conductors and raceways to motor and generator
disconnect switches and controllers; service, supply equipment and
receptacles for trailer connections; and to all electrical equipment
used for power supply to radio and television transmitting equipment,
unless otherwise provided.
C.
An electrical permit shall be issued only to a licensed
or temporarily licensed master electrician.
D.
It shall be unlawful for a person to employ anyone
who is not a licensed or temporarily licensed master electrician to
perform electrical work for which a permit is required.
E.
It shall be unlawful for any person to make a 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, until the work has been inspected and
approved by an electrical inspector employed by the City of Albany's
Bureau of Buildings.
F.
An electrical permit is not required for work described in § 171-49, provided that the work is performed by the person designated in that section as the proper person to perform it.
G.
A final inspection of finished work shall be preformed
to close out all electrical permits. If a license holder fails to
schedule or arrange for a final inspection of the work, the license
holder may be brought before the Board to show cause. If it is determined
that the license holder cannot provide adequate cause for failure
to close out the permit, the license may be revoked or suspended.
If, through no fault of the license holder, the inspector cannot gain
access to the premises to inspect the work, the property owner shall
be required to allow entry to perform the inspection.
[Added 1-24-2008 by Ord. No. 3.21.07]
H.
The City of Albany will apply the standards set forth
by the most current addition of the New York State Building Code.
[Added 1-24-2008 by Ord. No. 3.21.07; amended 12-21-2009 by Ord. No. 52.71.09]
I.
Inspection
requests shall be made by the permit holder only.
[Added 12-21-2009 by Ord. No. 52.71.09]
A.
Upon the effective date of this article, persons holding
valid Class A licenses may exchange them for master electricians'
licenses under the terms governing renewal of master electricians'
licenses.
B.
Class B licenses shall expire according to the applicable
provisions of the ordinance which governed their issuance.
C.
Class C licenses are abolished.
If any portion of this article shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the portion thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This article shall take effect January 1, 1979.
