[HISTORY: Adopted by the Common Council of the City of Oswego: Art. I, 5-12-1980 as Ch. 42 of the 1980 Code; Art. II, 5-12-1980 as Ch. 43 of the 1980 Code. Amendments noted where applicable.]
[Adopted 5-12-1980 as Ch. 42 of the 1980 Code]
This article shall be known as the "Electrical Code of the City of Oswego, New York."
Since there is danger to life and property inherent in the use of electrical energy, this article is enacted to regulate the installation, alteration or repair of wiring for electric light, heat or power and signal systems operating on 20 volts, or more, including all fire-alarm systems, in or on all real property within the City of Oswego, New York, excluding minor repairs possible to property owners themselves.
All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electrical Code, except where the provisions of this article or any other local law, ordinance or building code of the City of Oswego shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or building code shall be recognized as proper compliance with this article. The requirements of the National Electrical Code shall be those known as National Fire Protection Association Pamphlet No. 70, as approved and adopted by the American Standards Association.
Inspectors who have been approved by the Common Council shall be appointed and are hereby authorized to make inspections and reinspections of electrical installations described by this article and to approve or disapprove of same. These inspections are to be made under the auspices of the Building Inspector and, at his request, with the cost of expenses of said inspections being no charge against the City of Oswego.
It shall be the duty of the inspectors to report, in writing, to the Building Inspector, whose duty it shall be to enforce all the provisions of this Code, all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code and of all local laws, ordinances and the Building Code as referred to in this article, insofar as any of the same apply to electrical wiring. Inspectors shall make inspections and reinspections of the electrical installations in and on properties in the City of Oswego upon the written request of an authorized official of the City of Oswego or as herein provided. An inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in and on properties within the City of Oswego where he deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of an inspector to make electrical inspections upon the oral request of an official or officer of the City of Oswego. It shall be the duty of an inspector to furnish written reports to the proper official of the City of Oswego and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this article. He shall direct that a copy of the certificate of compliance be sent to the City of Oswego to the attention of the Building Inspector.
It shall be a violation of this article for any person, firm or corporation to install or cause to be installed or to alter or repair electrical wiring for light, heat or power in or on properties in the City of Oswego without an application for inspection being filed with a duly appointed electrical inspector. It 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 for light, heat or power to any source of electrical energy supply without the issuance of a temporary certificate or a certificate of compliance by a duly appointed electrical inspector.
Any person, firm or corporation who shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of disorderly conduct and shall be a disorderly person and, upon conviction thereof, may be punished by a fine of not more than $100, and each day on which such violation continues shall constitute a separate offense.
The provisions of this article shall not apply to the electrical installations in mines, ships, railway cars, automotive equipment or the installations or equipment employed by a railway, electrical or communications utility in the exercise of its function as a utility and located outdoors or in the buildings used exclusively for that purpose. This article shall not apply 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 their principal business. This article shall not apply to manufacturing units which have regular maintenance personnel in the operation of such maintenance work only. It shall not apply to any building which is owned or leased in its entirety by the government of the United States or the State of New York.
This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring, devices, appliance or equipment for loss of life or damage to person or property caused by a defect therein, nor shall the City of Oswego or any duly appointed electrical inspector be deemed to have assumed any such liability by reason of any inspection made pursuant to this article. Any firm or person engaged commercially in electrical wiring shall carry a minimum insurance policy within the limits of $100,000 to $300,000.
[Adopted 5-12-1980 as Ch. 43 of the 1980 Code]
As used in this article, the following words shall have the meanings indicated:
- BOARD OF EXAMINERS
- The Electrical Licensing Board of Examiners.
- MASTER ELECTRICIAN
- Includes any person engaged in or holding himself out to the public as engaged in the business of contracting to install or alter electrical equipment or apparatus for utilization of electricity supply for light, heat or power.
- Includes persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
No person, firm or corporation shall, within the City of Oswego, engage in or carry on the business of installing, maintaining, altering or repairing any electrical wiring, appliances, devices or equipment unless such person, firm or corporation or officer, director, partner, superintendent or employee thereof having direct supervision over such work shall have received a master electrician's license and a certificate thereof, nor shall any person, firm or corporation execute any work of installing, maintaining, altering or repairing any electrical wiring, device, appliance or equipment unless such person, firm or corporation is the holder of a master electrician's license or said work is done under the supervision of and pursuant to the direction of an officer, director, partner, superintendent or employee of said person, firm or corporation who is the holder of a master electrician's license. No such license shall be required in order to execute any of the following classes of work:
The installation, alteration or repair of any wiring devices or equipment by any person, firm or corporation when performed on the premises owned by such person, firm or corporation or performed on premises leased for at least one year by such person, firm or corporation.
Minor repair work, the replacement of lamps and the connection of portable devices to suitable receptacles which have been permanently installed.
The installation, alteration or repairing of any devices or equipment for the operation of a signal or the transmission of intelligence where such wiring devices, appliances or equipment operate at a voltage not exceeding 50 between conductors and do not include generating or transforming equipment capable of supplying more than 50 watts of energy. The installation, alteration or repairing of any electrical devices appertaining to or part of any gasoline or diesel motor equipment.
The installation, alteration or repair of electrical wiring, devices, appliances or equipment installed by or for an electrical public service corporation for the use of such corporation in the generation, transmission, distribution or metering of electrical energy or for the use of such a corporation in the operation of signals or the transmission of intelligence.
The assembly, erection and connection of electrical apparatus and equipment by the manufacturer of such apparatus and equipment, but not including any electrical wiring other than that involved in making electrical connections on the apparatus or equipment itself or between two or more parts of such apparatus or equipment.
Any master electrician who shall produce good and sufficient proof to the Board of Examiners that he is a master electrician and has been, exclusive of all other occupations, engaged as such for 10 years or more last past shall not be required, before having a license issued to him, to take or submit to any examination as herein provided, but such license shall be issued to him only if the municipality wherein he is duly licensed for 10 years shall reciprocally allow master electricians licensed in the City of Oswego for 10 years to obtain a license in that said community without the necessity of taking a test. The applicant under this section would also pay the required fee for the license.
[Amended 10-28-1996 by L.L. No. 4-1996; 6-10-2002]
Any person desiring to procure a license as herein provided for shall make application for such license to the Secretary of the Board of Examiners of the City of Oswego, stating the name and place of business of the applicant, the name and address of the supervisor of the work done under the license, if someone other than the applicant is to perform the electrical work, and a statement in said application that the person named, being either the applicant or the representative of the applicant, will act as supervisor of the work done under the license. The Secretary of the Board of Examiners shall, within 10 days after receipt by him of any application for a license, accompanied by the proper fee, deliver such application to the Board of Examiners.
Each license shall be issued to a person, firm or corporation to be known as the holder of license. Each license shall designate whether the applicant or a representative or employee of the applicant will be the supervisor of all electrical work to be done by the person, firm or corporation to whom the license is issued. In case the holder of the license is a person, the supervisor shall either be the holder himself or shall be in the employ of the holder. In case the holder of the license is a corporation, the supervisor shall either be an officer of the corporation or shall be in the employ of the corporation. The same person shall not be designated as the supervisor of the electrical work in two or more licenses. In the event that the association or employment of the named supervisor in the license shall terminate, said license shall become null and void 60 days after such termination; provided, however, that, without payment of any further fee, a new license shall be granted to the holder of the expiring license upon application to the Board of Examiners within said sixty-day period and upon the approval of the Board of Examiners of the qualifications of the person named in the application as the supervisor for the person, firm or corporation making the application for the license.
[Amended 4-25-1994; 10-28-1996 by L.L. No. 4-1996]
Upon notification by the Mayor to the City Clerk that the applicant or the representative of the applicant has passed the examination and that the applicant or the representative of the applicant has met all the requirements of the Board to engage in the business of master electrician, the City Clerk, provided that the license fee herein specified is paid, shall issue to the applicant a license to engage in the business as provided for in § 108-11. All licenses shall be numbered in the order in which they are issued, and each license shall state the name and address of the holder, the name of the supervisor and the fee paid.
[Amended 4-25-1994; 6-10-2002; 3-10-2008]
There is hereby created a Board to be known as the "Electrical Licensing Board of Examiners" which shall consist of seven members, and said seven members shall consist of two master electricians, one journeyman, the City Engineer of the City of Oswego, New York, one layman, the Code Enforcement Director, and a duly appointed inspector from an agency approved to perform electrical inspections in the City of Oswego, and all seven members shall be appointed by the Mayor of the City of Oswego. The Mayor of the City of Oswego shall make all appointments to the Board of Examiners within 30 days from the date that this article becomes effective. The certificate of appointment shall be made concurrently with the term of the Mayor. Any appointed member or members may be removed by the Mayor for malfeasance in office, incapability or neglect of duty.
The Board of Examiners shall elect its own Chairman and Secretary, who shall be members of the Board and who shall act as such without compensation. A majority of the membership of the Board shall constitute a quorum to transact business of the Board. The Board shall meet at least once every three months, and special meetings may be called whenever the Chairman, the Secretary or the majority of the Board shall consider said meeting desirable for the proper and efficient conduct of the business of the Board. The Board shall examine applicants or the representatives of applicants for licenses to determine the qualifications and fitness of the applicants or of the person designated in the applicant's application as being the supervisor of their electrical work to receive licenses to engage in business as master electricians. The nature of the examinations conducted under this article shall be determined by the Board, and the Board shall adopt such rules and regulations as it may deem necessary for such examinations. Any applicant who has failed in his/her first examination shall not be entitled to another examination until after one month from the date of such failure, and, if the aforementioned examination has been failed twice or more, the applicant or the representative of the applicant shall not be entitled to any additional examination until six months from the date of the last preceding failure. Final action on any application shall be taken by the Board of Examiners within one month after the receipt of the application by the Secretary of the Board of Examiners, and during said month the Secretary of the Board of Examiners shall, upon recommendation of the Board of Examiners, grant to the applicant or to the representative of the applicant the right to engage in business as a master electrician until final action on the application shall have been taken by the Board of Examiners.
[Amended 9-14-1987; 6-10-2002]
For the calendar year in which the license is first issued, a fee of $200 shall be paid. For each renewal of a license after the first year, a fee of $200 shall be paid. A deposit equal to the fee for the first year shall accompany each application for a license. All applicants for master electrician examinations shall pay a fee of $200. The payment of this fee of $200 shall entitle the applicant to take two examinations, if necessary. The applicant shall pay a fee of $25 for each additional examination after the second. The test shall be given two times per year, with exceptions granted under special circumstances to be determined by and at the discretion of the majority of the Electrical Board. A fee of $100 shall be required for special tests given by the Electrical Board. This fee will be in addition to the application fee of $200. A fee of $50 shall be required to place a license on "inactive status." A license may become inactive upon application to and approval of the Board. No person shall be issued an inactive license. An inactive license may be brought to active status by paying the difference in fees. All fees shall be paid to the City Clerk of the City of Oswego and shall be paid by him into the treasury of the City of Oswego.
Renewals. All master electrician licenses may be renewed annually for a fee of $200. Renewal applications shall be available with the City Clerk on December 1.
[Amended 10-28-1996 by L.L. No. 4-1996]
Each license shall expire at the end of the calendar year in which it is issued and shall be renewed without further examination if application for renewal, accompanied by the renewal fee, is filed with the Secretary of the Board of Examiners before the date of expiration.
No license granted under this article shall be transferable, and no such license shall be used for the interests of any unlicensed master electrician.
Upon presentation to the Board of Examiners of charges that the holder of any license has willfully and persistently violated any provisions of any ordinance of the City of Oswego applying to electrical work or is incompetent to comply with such provisions, the Board of Examiners shall fix a time and place for a meeting to consider such charges and shall notify the holder of the license to be present at such meeting. Such notification shall be in writing and shall be delivered to the holder at least five days in advance of the meeting. When any certificate or license has been revoked or suspended, no refund or any unearned portion thereof shall be made. If, upon a hearing by the Board of Examiners of all evidence offered, it shall be decided by the Board of Examiners that said holder of a license has willfully and persistently violated any of the provisions of any such ordinance or by continued violation has proven his incompetence to comply with any of the provisions of such ordinance, then the Board of Examiners shall revoke the license of said holder. When a license has been revoked, a new license shall not be granted to the same person, firm or corporation until a period of at least one year has elapsed after such revocation.
The provisions of this article shall not apply to 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; nor to persons, firms, copartnerships, associations and corporations regularly employing electricians for the installation, maintenance, repair, alteration and extension of the electric wires, conductors, electrical machinery, apparatus or appliances in their own property and/or property occupied by them; nor to the installation, maintenance or repair of elevators; nor to any work involved in the manufacture, test or repair of electrical machinery, apparatus, materials and equipment or to its assembly, installation and wiring when such assembly, installation and wiring are done by a person, firm or corporation engaged in electrical manufacturing as their principal business; nor to work in connection with the erection, construction, maintenance or repair of lines for the transmission of electricity from the source of supply to the service connection on the premises where used by public service companies, municipal plants authorized to generate or sell electricity or to work of such companies installing, maintaining and repairing on the consumer's premises of service connections, meters and other apparatus and appliances remaining the property of such companies after installation or to emergency repairs of wiring and appliances on consumer's premises necessary for the protection of life or property; nor to work of companies incorporated for the transmission of intelligence by electricity in installing, maintaining or repairing wires, apparatus or fixtures or other appliances. Nothing herein contained, however, shall be construed so as to prohibit or prevent any person from installing, altering or extending the electric wires, conductors, apparatus, fixtures, machinery, appliances or appurtenances in his own property and/or property occupied by him.
Any person who shall violate any provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $50 or more than $100 or to imprisonment for not less than 10 days and not more than 30 days, or to both such fines and imprisonment, and each day on which such violation continues shall constitute a separate offense. In addition to the penalty imposed, the license of the person violating the same may be revoked.
This article shall not be construed to relieve or lessen the responsibility or liability of any parties owning, operating or installing any electrical devices, appliances or equipment for damages to person or property caused by any defect therein, nor shall the City of Oswego be held as assuming any such liability by reason of examination authorized therein or the license and certificate issued, as herein provided.