City of Albany, NY
Albany County
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Table of Contents
Table of Contents
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:
ADMINISTRATOR
The Director of the Office of Planning and Neighborhood Development or his/her designee.
[Added 5-20-1996 by Ord. No. 10.51.96]
APPRENTICE
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.
APPRENTICE TRAINING PERMIT
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.
BOARD
The Electrical Examining Board of the City of Albany.
JOURNEYMAN ELECTRICIAN 
 A person who meets any of the following qualifications:
A. 
Five years' experience doing electrical work for which a permit is required under the supervision of a licensed master electrician.
B. 
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.
JOURNEYMAN PERMIT
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.
LICENSED MASTER ELECTRICIAN
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]
PERSON
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.
A. 
All vacancies on the Board shall be filled within sixty (60) days by the Mayor for the remaining unexpired term of the person who vacated his membership.
B. 
The service of a member may be terminated by the Mayor at any time for a good cause shown.
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]
(1) 
For the first offense: up to a maximum of six months.
(2) 
For the second offense within one year: up to a maximum of one year.
(3) 
For the third offense within one year: up to a permanent revocation.
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.