[HISTORY: Adopted by the Common Council of
the City of Oswego as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-12-1980 as Ch. 42 of
the 1980 Code; amended in its entirety 5-11-2020 by L.L. No. 1-2020]
[Note: The masculine pronoun, whenever used herein, shall include
the feminine, and words in the singular shall include the plural unless
the context indicates otherwise.]
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; amended in its entirety 5-11-2020 by L.L. No. 1-2020]
[Note: The masculine pronoun, whenever used herein, shall include
the feminine, and words in the singular shall include the plural unless
the context indicates otherwise.]
As used in this article, the following words shall have the
meanings indicated:
The Electrical Licensing Board of Examiners.
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.
A.
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:
(1)
The installation, alteration or repair of any wiring devices or equipment
by any person, firm or corporation when performed on the residential
premises owned by such person, firm or corporation or performed on
premises leased for at least one year by such person, firm or corporation.
Commercial properties intended for use or assembly by the public are
not exempt from the licensing requirements of this article.
(2)
The maintenance of any existing electrical system or equipment by
any person, firm or corporation when performed on the premises owned
or leased by such person, firm or corporation with experienced workmen
regularly employed for such purposes provided said maintenance does
not include any new installations or alterations.
(3)
Connection or disconnection of portable plug-in appliances to permanently
installed receptacles, or the attachment or disconnection of input
terminals of electrical appliances; the replacement of defective devices
with directly interchangeable types, e.g., 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;
and the rewinding and repair of motors and similar devices.
(4)
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.
(5)
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.
(6)
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.
B.
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.
A.
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.
B.
Applicants for a master electrician license shall have a minimum
of 10 years' experience directly related to the electrical industry.
Five years of this experience shall have been working directly on
the installation and maintenance of electrical systems and three of
those five years shall have been on new construction of commercial
and/or industrial installations.
C.
Each applicant for a master electrical license shall be of good moral
character so as not to adversely impact the applicant's fitness
to perform the duties and responsibilities of a master electrician.
(1)
"Good moral character" shall be the absence of involvement in the
following activities:
(a)
Being convicted of murder;
(b)
Being convicted of a violent felony or crime which includes:
[1]
Murder, rape or sexual abuse.
[2]
Illicit trafficking in controlled substances.
[3]
Firearms, destructive devices, and explosive materials offenses.
[4]
Money laundering.
[5]
Crimes of violence for which the term of imprisonment could
be at least one year.
[6]
Theft and burglary offenses.
[7]
Crimes involving the demand or receipt of ransom.
[8]
Crimes involving child pornography.
[10]
A second or subsequent gambling offense for which
a one-year or greater term of imprisonment may be imposed.
[11]
Prostitution managing and transporting offenses.
[12]
Offenses involving fraud or deceit.
[13]
Being involved in prostitution.
(2)
In the event that the applicant has been involved in any of the criminal activities set forth in Subsection C(1) above, or other criminal activities affecting good moral character, a finding of lack of good moral character shall be based upon the guidelines set forth in the New York State Correction Law, Article 23-A, §§ 752 and 753.
A.
The Board of Examiners shall hold an examination for licensure two
times per year, on the last Wednesday in January and the last Wednesday
in July.
B.
The Board of Examiners shall publish an application for examination
a minimum of 90 days prior to the scheduled exam. Applicants shall
have a minimum of 60 days to submit an application for admission to
the licensing exam.
C.
The Board of Examiners shall review each application and record a
summary of its decision for approval or disapproval for the applications
received in the meeting minutes.
D.
The Board of Examiners shall notify the applicants of the Board's
approval or disapproval by no later than the last day of the month
preceding an examination.
E.
The Board of Examiners shall produce an exam for each examination.
This examination shall be approved by the majority of the Board in
a regular meeting a minimum of 30 days prior to the examination. This
examination shall not be made available to the public. Each examination
shall be no more than 100 questions.
F.
The Board of Examiners shall grade each exam within 10 days after
the examination. Each examination shall be graded together by two
members of the Board, one of which must be an employee of the City
of Oswego.
G.
Examinees shall be notified of the results of their exam in writing
within 20 days after the examination. This notification shall indicate
the passing or failing mark of the examinee. A passing mark shall
be considered 75% correct or greater.
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 120 days after such termination,
or until the next regularly scheduled master electrician examination,
whichever is later; 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 grace
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.
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.
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. In addition, missing three consecutive
meetings of the Board shall be grounds for removal of any acting Board
member, following a hearing at the discretion of the Mayor.
A.
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.
B.
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.
C.
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. In doing so, the Board
may request any or all of the following:
D.
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.
E.
The Board shall approve and publish all meeting agendas and minutes
to be available to the public within 10 days of a meeting.
A.
Annual fee. A fee of $200 shall be paid for the calendar year in
which the license is issued.
B.
Examination deposit. A nonrefundable deposit equal to the fee for the first year shall accompany each application for a license. The payment of this fee of $200 shall entitle the applicant to take one examination. Upon successful completion of the examination, the applicant's deposit shall be credited as their annual fee for their first year of licensure, expiring as specified in § 108-19 of this article.
C.
Inactive status. 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.
D.
Renewals. All master electrician licenses may be renewed annually
for a fee of $200. All fees shall be paid to the City Clerk of the
City of Oswego.
Each license shall expire at the end of the calendar year in
which it is issued and shall be renewed without further examination
if the renewal fee is paid to the City Clerk 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. A license holder shall not be permitted to sell,
rent, or in any manner transfer or assign their license, name, and/or
license number to any other individual; nor shall any individual make
use of a license, name, or license number which is not actually their
own.
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, or has been convicted of a crime listed in § 108-12C(1) after January 1, 2010, 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, the person, firm or corporation having their license revoked shall have a grace period not to exceed 180 days to complete work they have been issued permits for. Said grace period shall be determined by the Board of Examiners and issued in writing. A new license shall not be granted to the same person, firm or corporation until either a period of at least one year has elapsed after such revocation or after said grace period, whichever date is later.
When the holder of a master electrician license for a partnership
or corporation shall die, the partnership or corporation may continue
to conduct business to complete work they have been issued permits
for during the time necessarily required for the administration of
the estate of such deceased license holder for a period not exceeding
one year, as determined in writing from the Board of Examiners. After
such time, the partnership or corporation shall apply for a new license.
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.
This local law shall take effect upon filing with the Secretary
of State.
