City of Jamestown, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Jamestown 3-26-1962 as Ch. 10 of the 1962 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 140.
Licenses and permits — See Ch. 175.
Parks and public lands — See Ch. 193.
Property rehabilitation and conservation — See Ch. 215.
Signs and encroachments — See Ch. 245.
A. 
There is hereby created a Board of Electrical Examiners, which shall consist of five members appointed by the Mayor of the City, subject to confirmation by the City Council. Such Board shall include the Deputy Chief of the Fire Department, or his designee, who shall act as Chairman of the Board, the Building Inspector of the City, who shall act as Secretary of the Board without additional compensation; one representative of the Board of Public Utilities, or his designee, one electrical contractor with 10 years' continuous experience in the electrical contracting business; and one electrician of 10 years' continuous experience installing electrical work. The local inspector of an approved electrical inspection company shall be retained in an advisory capacity at no remuneration.
[Amended 2-24-2003; 10-27-2014; 4-27-2015]
B. 
Within 30 days from the date of this chapter, the Mayor shall appoint the members of the Board for terms of two years, but any member may, for cause, be removed from office at any time by the Mayor. All members of the Board must be residents of the City. Vacancies occurring by death, removal, inability to act, resignation or removal from the City of any member shall be filled by the Mayor by appointment of a person with the same qualifications and for a term expiring at the same time as the member whose office has terminated. All members of the Board shall serve without compensation.
C. 
The Board of Electrical Examiners may elect its own Vice Chairman. A majority of the membership of the Board shall constitute a quorum to transact the business of the Board. It shall be the duty of the Board to hold a regular meeting at least once during each month at a time and place to be determined by the Board. Special meetings may be called at any time by the Chairman on three days' notice to members by mail. He shall call a special meeting on written request of the Mayor or the Director of Public Works.
D. 
It shall be the duty of this Board to receive from the Secretary of the Board all applications for licenses as master electricians and as journeymen electricians. The Board shall examine the applicants for such licenses within 30 days from the date of the filing thereof with the Secretary of the Board as to their knowledge of the rules and regulations for the installation of electrical wiring, devices, appliances and equipment as set forth in the statutes of the state or as issued under the authority of the statutes of the state in the ordinances of the City and in the National Electrical Code. The Board shall determine the general qualifications and fitness of each applicant for executing electrical work. The nature of the examinations conducted under this section shall be determined by the Board, and the Board shall adopt such rules and regulations as it may deem necessary for such examinations. Upon written acknowledgement from the Board of Electrical Examiners that an applicant is eligible to sit for the Class 2 exam, such applicant may perform any and all electrical work while under the supervision of a Class 1 licensee for a period not to exceed 30 days. After this thirty-day period, said applicant shall be required to hold a Class 2 electrician's license to perform electrical work.
[Amended 5-15-2000]
E. 
Examinations shall be either written or web based, and a complete record of every in-house examination given or certificates of successful completion of acceptable independent testing agency shall be kept on file until three years after the date of the examination. The Board shall cause licenses to be issued by the Director of Administrative Services/City Clerk to qualified applicants, and the Board shall certify to the Director of Administrative Services/City Clerk those applicants who shall show proper qualifications. In every case the license shall not be granted until after the prescribed fee has been paid. It shall also be the duty of the Board to revoke any license for good and sufficient causes as prescribed in § 131-8.
[Amended 4-27-2015[1]; 2-10-2006 by L.L. No. 2-2006; 8-28-2017]
[1]
Editor’s Note: Former Subsection F, regarding the period of time applicants who failed examinations were required to wait before taking the examination again, and which immediately followed this subsection, was repealed 4-27-2015. This ordinance also provided for the redesignation of former Subsection G as Subsection F.
F. 
It shall be the further duty of the Board to conduct public hearings on any complaints made by the Deputy Chief of the Fire Department or the Building Inspector of the City against any electrical contractor and to review electrical matters in dispute between the Building Inspector and property owners, electrical contractors or others in case of appeal and to render decisions in all matters brought before it.
[Amended 2-24-2003]
A. 
No person shall engage in or carry on the business of installing, maintaining, altering or repairing within the City any electrical wiring devices, appliances or equipment unless such person is the holder of a master electrician's license and a certificate therefor. No person employed by or working under the direction of a holder of a master electrician's license shall in any manner undertake to execute any electrical work whatsoever except as provided in this chapter, unless such person shall have received an electrician's license and a certificate therefor.
B. 
No license shall be required in order to execute any of the following classes of work:
[Amended 7-14-1997; 4-30-2007]
(1) 
The maintenance and/or repair of any devices or equipment and associated electrical connections in an industrial or institutional facility when performed on the premises owned or leased by that facility and using employees of said facility that are experienced workmen regularly employed for such maintenance purposes.
(2) 
The installation, alteration or repair of any devices or equipment and associated electrical wiring by the owner of the property only when the property is occupied by the owner and is a single-family or two-family residence.
(3) 
Minor repair work, the replacement of lamps and the connection of portable devices to suitable receptacles which have been permanently installed.
(4) 
The installation, alteration or repairing of any wiring device or equipment for the operation of signals or the transmission of intelligence where such wiring, devices, appliances are covered by NFPA 70 Article 100-I Communications Equipment, 645 Information Technology Equipment, 760 Fire alarm Systems, 800 Communication Systems and equipment deemed similar by the Board.
[Amended 4-27-2015]
(5) 
The installation, alteration or repair of electrical wiring, devices, appliances and equipment installed by or for an electrical public utility for the use of such utility in the generation, transmission, distribution, utilization or metering of the electrical energy or for the use of such a public utility in the operation of signals or the transmission of intelligence.
(6) 
Any work involved in the manufacture, test or repair of electrical materials, devices, appliances or apparatus, not including any permanent wiring other than that required for testing purposes.
(7) 
The assembly, erection and connection of electrical apparatus and equipment by the manufacturer of such apparatus and equipment not involving 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.
(8) 
Any work performed by an apprentice who is constantly under the direct control and direction of a holder of a Class 2 license as provided by this chapter; provided, however, that no more than one apprentice shall be permitted to work under the direct control and direction of a holder of a Class 2 license at any one time.
(a) 
The word "apprentice," as used herein, is hereby defined as an individual enrolled in a qualified electrical apprenticeship program recognized and registered with the New York State Department of Labor and/or the United States Department of Labor Bureau of Apprenticeship and Training.
(b) 
A qualified electrical apprenticeship program, as defined herein, shall have an established set of criteria to be followed, including but not limited to required hours of classroom instruction and a defined period of time for on-the-job training, not to exceed five years per individual apprentice.
(c) 
Proof of registration of an apprentice in a qualified electrical apprenticeship program shall be submitted to the Board of Electrical Examiners together with the name of the apprentice qualified under the terms of the exception herein.
(d) 
The administrator of each qualified electrical apprenticeship program shall submit an updated list of qualified apprentices to the Board of Electrical Examiners no later than March 1 of each year.
(9) 
City-licensed electricians shall perform all other electrical work per § 131-3 of the Code of the City of Jamestown.
[Amended 12-20-1999; 2-10-2006 by L.L. No. 2-2006; 8-28-2017]
Two classes of licenses and certificates shall be issued by the Director of Administrative Services/City Clerk after certification of the applicants by the Board of Electrical Examiners, which shall be designated respectively as "Class 1, master electricians, licenses," and "Class 2, electricians' licenses." A Class 1 license shall entitle the holder thereof to all of the rights and privileges of the Class 1 license and also those rights and privileges of a Class 2 license.
A. 
A Class 1 license shall be issued to any person engaged in, or to engage in, the business of the installation, maintenance, alteration or repair of electrical wiring, devices, appliances or equipment who has been qualified under this chapter or to any person who has a partner, employee or officer who has been qualified under this chapter. A Class 1 license shall entitle the holder individually to engage in or to perform the actual work of installation, maintenance, alteration or repair of electrical wiring, devices, appliances or equipment as described in this chapter and shall additionally entitle the holder to direct or supervise such electrical work and conduct business as an electrical contractor. The holder of a Class 1 license shall employ only licensed electricians except as otherwise provided in § 131-2.
B. 
A Class 2 license shall be issued to any qualified person and shall entitle the holder thereof to individually engage in and perform the actual work of installation, maintenance, alteration or repair of electrical wiring, devices, appliances or equipment as described in this chapter, but shall not entitle the holder individually to conduct business as an electrical contractor unless licensed as a master electrician.
[Amended 8-10-1992 by L.L. No. 2-1992]
All applications for licenses shall be made, in writing, to the Secretary of the Board, stating the class of license applied for, the name and place of business of the applicant and, in the case of application for a Class 1 license by a partnership, firm or corporation, the name of the partner, employee or officer who holds a Class 1 license. Whenever the holder of a Class 1 license dies or is no longer associated with or employed by a partnership, firm or corporation and the license of such partnership, firm or corporation was issued on the basis of qualifications of such deceased or former employee, the license of such partnership, firm or corporation shall immediately expire. A temporary license allowing the completion of work in process may be granted by the Board to the partnership, firm or corporation, provided that application for a new license is made within 30 days of the date on which the previous license expired. An application for a Class 2 license shall also contain the residence, address and age of the applicant. No application shall be accepted from persons under 18 years of age.
[Amended 2-22-1983; 8-28-1989; 12-26-1990; 1-27-1992; 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No. 2-2006; 8-28-2017]
For the portion of the calendar year for which the license is first issued, a fee as provided in Chapter 175, Licenses and Permits, shall be paid for Class 1 and 2 licenses. A nonrefundable application fee as provided in Chapter 175, Licenses and Permits, shall accompany each application. Both the nonrefundable application fee and the license fees shall be paid to the Director of Administrative Services/City Clerk, who shall deposit monthly such fees with the Director of Administrative Services/City Clerk of the City.
[Amended 2-22-1983; 12-26-1990; 1-27-1992]
A. 
Licenses will be issued by the Director of Administrative Services/City Clerk after receiving a certificate stating that the applicant has qualified, signed by the Secretary of the Board of Electrical Examiners, when the applicant has met all the requirements of the Board with respect to the class of license for which application is made, provided that the license fee specified in this chapter has been fully paid. All licenses shall be numbered in the order of their issuance, and each license shall state the class of license and the name, business and residence of the holder, the fee paid and the dates of issuance and expiration. Each license shall, prior to issuance and validation or renewal thereof, have affixed to it a photograph of the applicant. Said photograph shall be similar in size to that of a passport photograph and shall be provided by the applicant at the applicant's sole expense. Licenses shall thereafter be valid upon signature by the Director of Administrative Services/City Clerk.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017]
B. 
Each Class 1 license shall expire on March 1 and shall be renewed without further examination and with the payment of a renewal fee as provided in Chapter 175, Licenses and Permits, if the application for renewal is filed with the Director of Administrative Services/City Clerk on or before the date of such expiration. After March 1 of each year, each Class 1 license holder shall be entitled to renew such license without further examination and with payment of a renewal fee as provided in Chapter 175, Licenses and Permits, until May 1. After May 1, a Class 1 license holder who has failed to renew said Class 1 license as hereinbefore provided shall not have said license renewed, but instead shall be required to comply with the provisions of §§ 131-4 and 131-5 of this chapter.
[Amended 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No. 2-2006; 8-28-2017]
C. 
Each Class 2 license shall expire on March 1 and shall be renewed without further examination and with the payment of a renewal fee as provided in Chapter 175, Licenses and Permits, if the application for renewal is filed with the Director of Administrative Services/City Clerk on or before the date of such expiration. After March 1 of each year, each Class 2 license holder shall be entitled to renew such license without further examination and with the payment of a renewal fee as provided in Chapter 175, Licenses and Permits, until May 1. After May 1, a Class 2 license holder who has failed to renew said Class 2 license as hereinbefore provided shall not have said license renewed, but instead shall be required to comply with the provisions of §§ 131-4 and 131-5 of this chapter.
[Amended 8-10-1992 by L.L. No. 2-1992; 2-10-2006 by L.L. No. 2-2006; 8-28-2017]
D. 
Each Class 1 and Class 2 license that is renewed after February 1, 1983, shall, prior to renewal, have affixed to such license a photograph of the Class 1 or Class 2 license holder, as the case may be. Said photograph shall be similar in size to that of a passport photograph and shall be provided by the applicant at the applicant's sole expense.
[Amended 12-20-1997]
A. 
No license or certificate issued in accordance with the provisions of this chapter shall be assigned or transferred, and no such license shall be used for the interests of any unlicensed master electrician or electrician.
B. 
Every holder of a Class 1 license shall keep his certificate of license displayed in a conspicuous place in his principal place of business.
C. 
Every holder of a Class 2 license shall keep his certificate of license on his person when he is engaged in doing electrical work for which he has been licensed.[1]
[1]
Editor's Note: Former Section 10.10, which immediately followed this subsection, was deleted 2-22-1983.
D. 
Every apprentice meeting the requirements of § 131-2B(7) of this chapter shall keep on his person, during all times electrical work is being performed by said apprentice pursuant to the provisions of this chapter, proof of said apprentice's registration in a qualified apprentice program.
[Added 7-14-1997]
A. 
Any license or certificate issued in accordance with the provisions of this chapter may, after hearing, be suspended or revoked by the Board of Electrical Examiners if the person holding such license willfully or by reason of incompetence repeatedly violates any statute of the state or any ordinance, rule or regulation of the City relating to the installation, maintenance, alteration or repair of electrical wiring, devices, appliances and equipment.
B. 
Whenever any license or certificate shall have been revoked or suspended, no refund of any unearned portion of the license fee shall be made. When any license has been revoked, no new license shall be granted to the former holder of such license until at least 30 days have elapsed after the date of such revocation.
This chapter shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical wiring, devices, appliances or equipment for damages to person or property caused by any defect therein. The City shall not be held as assuming any such liability by reason of any examination authorized in this chapter or the license and certificate issued as provided in this chapter.
[Amended 10-22-1984; 4-17-1997; 2-24-2003; 11-26-2007]
A. 
Approval of electrical inspection companies. Electrical inspection companies shall provide to the City of Jamestown a certificate of insurance in the amount of at least $1,000,000 naming the City of Jamestown as an additional insured. Upon request, the companies shall provide, at no charge to the City, courtesy inspections.
[Amended 11-23-2009]
B. 
There shall be two classes of electrical inspector. The license shall expire on March 1 each year. For the portion of the calendar year for which the license is first issued a fee as provided in Chapter 175, Licenses and Permits, shall be paid.
(1) 
Electrical Inspector Class 1 shall allow the inspection and reinspection of all portions of electrical services and installations from the weatherhead throughout the building and terminating at the end-use device(s). Qualifications for this license shall be the submission of an application, in writing, on a City of Jamestown form, a copy of the insurance as stated in Subsection A above, and a current copy of both a certification as a New York State Code Enforcement Official and a certification from the International Association of Electrical Inspectors, or other nationally recognized testing agency, for the type of inspection to be performed.
(2) 
Electrical Inspector Class 2 shall allow the inspection and reinspection of only the portion of an electrical installation from the weatherhead leading to and including the first panel containing the main disconnect. Qualifications for the Class 2 license shall be the submission of an application, in writing, on a City of Jamestown form, a certificate of insurance as stated in Subsection A above, and a current copy of certification from the International Association of Electrical Inspectors, or other nationally recognized testing agency, for the type of inspection to be performed.
A. 
All electrical installations, construction and work, except temporary wiring and other work installed for test purposes at power stations and manufacturing plants, shall be done and performed under the provisions of this chapter.
B. 
Any person desiring to do any such electrical work shall file a written application with the electrical inspector on a form provided by the electrical inspector. The name of the person doing the work, the owner of the building or structure, the location of the building or structure and the scope of the work shall be given on this form. The electrical inspector may require that drawings, diagrams or a more complete written description of the proposed work be filed as additional information with the application form. If such proposed work complies with the requirements of this section and is not in conflict with other valid ordinances of the City, the electrical inspector shall issue a permit on a standard form authorizing the work to proceed and stating any conditions that may apply to the proposed work. No permit shall be binding upon the City or the officers named in this chapter unless the same is in writing.
A. 
It shall be the duty of every person doing any work referred to in this chapter to notify the electrical inspector, in writing, at such time as may enable the electrical inspector to properly inspect such work. It shall be the duty of the electrical inspector to thereupon inspect such work and, upon the completion thereof, in accordance with the provisions of this chapter, to issue to such person which did such work his certificate approving such work.
B. 
The inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in and on properties within the City where he deems it necessary for the protection of life and property.
[Amended 10-22-1984; 2-24-2003]
The charges for inspections and permits shall be in accordance with the respective schedules filed in the offices of the electrical inspection companies, and such schedules shall be filed in the offices of the Deputy Chief of the Fire Department and the respective electrical inspectors. Such fees and charges shall be payable, as the case may be, to the electrical inspection companies as compensation for the services of the electrical inspector of the inspection company performing an electrical inspection or other related service for which such electrical inspector or inspection agency shall not be otherwise compensated by the City. The electrical inspectors shall not charge an individual, person, firm or corporation any amount in excess of the schedule of the inspection agency thus fixed and filed.
[Amended 2-24-2003]
All electrical installations, construction and wiring for supplying light, heat and power hereafter placed within any building or part of any building used for business purposes or public assembly, now completed or hereafter erected within the City, shall be run in approved raceways, metallic conduit or metal molding. The use of armored cable, except with special permission of the Fire Department, is prohibited after March 1, 1960.
[Amended 2-24-2003; 4-27-2015]
The Deputy Chief of the Fire Department, through the electrical inspectors, is hereby authorized to make and prescribe supplemental rules in addition to this chapter, but not inconsistent therewith, for the purpose of carrying out and facilitating the enforcement of the provisions of this chapter. Such supplemental rules and changes shall not take effect until signed by the electrical inspector and approved, in writing, by the Deputy Chief of the Fire Department, which supplemental rules and changes as thus signed and approved shall be kept at all times while in force at the office of the Fire Department in the City Hall and shall be open for public inspection during the office hours thereof. The electrical inspector and the Deputy Chief of the Fire Department are charged with the duty of administering and enforcing this chapter in a practical and workmanlike manner, and for those purposes they shall be guided by the provisions of this chapter. Where this chapter fails to make provision for a particular type of electrical work, installation or inspection or any other matter in relation thereto, the Deputy Chief of the Fire Department and the electrical inspector shall be guided and governed by the National Electrical Code, as adopted by the National Fire Protection Association and as adopted by § 131-18, which is made a part of this chapter for all purposes.
No person shall make any service connection or furnish current to any building within the City where electrical work has been installed, altered or added, unless the electrical work so installed, altered or added to in such building has been inspected and approved as provided by this chapter or unless the electrical inspector has issued a temporary permit for making such service connections or for furnishing such current during building operations. The electrical inspector may issue a temporary permit for making such service connection or furnishing such current during operations, which permit must expire within the period of time limited therein and which shall extend only so long as may be reasonably necessary and required in connection with such building operation. In the event that any person shall make any service connection or furnish current under such temporary permit, such service must be discontinued, and such current must cease to be furnished upon the expiration of the time limited in such temporary permit.
A. 
The Fire Department is hereby authorized to cause the removal of unlawful or improper installations or construction or work undertaken without a permit and which menace the safety of the occupants of the buildings or the approach of firemen or tend to cause public conflagration or disaster.
[Amended 2-24-2003]
B. 
The summary removal of such installations and the infliction of the money or criminal penalties provided by this chapter shall not be interpreted to prevent the enforced removal of prohibited conditions, installations or construction work.
[Amended 4-17-1978; 4-27-2015]
For the purpose of regulation of the installation, alteration or repair of electrical installations and facilities in the City of Jamestown and except as otherwise provided by this chapter, the current State of New York approved edition of the National Electrical Code, promulgated by the National Fire Protection Association, as it may be from time to time amended, is hereby adopted and made to apply within the City of Jamestown.
[Amended 2-24-2003]
The Deputy Chief of the Fire Department, through the electrical inspectors, is authorized to enforce compliance with this chapter by injunction or other legal process as provided by the Charter of the City.
[Amended 10-8-1992 by L.L. No. 2-1992]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article I, Penalties, and if such person is the holder of a license of any class provided for in this chapter, such conviction shall have the effect of suspending such license until it shall have been reinstated by the Board of Electrical Examiners. The employment of helpers or apprentices working with or under the direct supervision of licensed electricians shall not be construed to be a violation of this chapter.