[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 11-16-1981
by L.L. No. 8-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 109.
It shall be unlawful to install, maintain and/or use electrical
devices or wiring for light, heat or power or to alter, extend or repair any
existing electrical device or wiring system within the Village of Elmsford,
except in conformity with the provisions of this chapter.
For the purpose of interpreting and applying the provisions of this
chapter, the following definitions shall have the meanings indicated:
The Board of Electrical Control as provided herein.
The Building Inspector of the Village of Elmsford, the chief inspector
and each of the duly appointed inspectors of the New York Board of Fire Underwriters
or other qualified inspection agency approved by the Village, who are hereby
authorized and deputized as agents of the Village to make inspections and
reinspections of all electrical installations heretofore and hereafter described
and to approve or disapprove the same. In no event, however, will the cost
or expense of such inspections and reinspections be a charge against the Village.
[Amended 11-6-2000 by L.L. No. 7-2000]
Includes installation, alteration, extension and/or repair of wiring
or electrical devices.
Any person, firm, copartnership, association or corporation having
a regular place of business, who performs the work or who is engaged in the
business of electrical contracting and/or installing, altering and repairing
or contracting to install, alter or repair any electrical wires or wiring,
apparatus, fixtures and other appliances (except small plug-in appliances)
used or to be used for the transmission of electricity for light, heat or
power or signaling systems where more than 50 volts are required.
Any person who is in the exclusive employ of a commercial or industrial
corporation or other enterprise whose duty it is to install, alter or repair
electrical wiring or appliances for light, heat or power or signaling systems
where more than 50 volts are required.
The Village of Elmsford as defined on the Tax Maps filed with the
County of Westchester.
Includes installation, alteration, extension and repair of electrical
devices or wiring for light, heat or power or signaling systems where more
than 50 volts are required.
A.Â
It shall be unlawful to install electrical devices or
wiring for light, heat or power or to alter or extend or repair any existing
electrical device or wiring system or to maintain and use electrical devices
or wiring within the Village, except in conformance with the most approved
methods and practices for safety of life and property.
B.Â
Except as may be provided otherwise in this chapter or
in amendments hereto, the requirements of the National Electrical Code, being
the regulations of the National Board of Fire Underwriters for electric wiring
and apparatus, as revised from time to time and approved by the electrical
utility company and the American Standards Association, shall be deemed to
be such most approved methods and practices.
C.Â
Except as may be provided otherwise in this chapter or
in amendments hereto, only the materials, fittings and devices approved by
Underwriters' Laboratories, the electric utility company and/or other
laboratories acceptable and recognized by the Village for use under this chapter
shall be accepted as suitable.
A.Â
Inspections shall be made as requested by the inspector
and/or electrician during the installation of an electrical device or wiring
system to assure compliance with this chapter. It shall be a violation of
this chapter to install or cause to be installed or to alter or to repair
electrical wiring for light, heat or power in or on properties in the Village
until an application has been filed and accepted by New York Board of Fire
Underwriters or other qualified inspection agency approved by the Village.
[Amended 11-6-2000 by L.L. No. 7-2000]
B.Â
No work in connection with an electrical installation
shall be covered or concealed until it has been inspected as prescribed in
this section and permission to do so has been given by the inspector.
C.Â
The inspector shall, within a reasonable time after notice
of the completion of any electrical installation (which shall come under the
provisions of this chapter), make an inspection of such work and perform such
tests as may be necessary to determine that it conforms to all standards.
D.Â
The inspector shall make a reinspection of an electrical
installation whenever he deems it necessary in the interest of public safety.
E.Â
If an electrical installation is found to be defective
or unsafe, the inspector shall revoke all certificates in effect at that time
relating to such installations, and the use of such installation shall be
discontinued until it has been made to conform to this chapter and a new certificate
has been issued by the inspector. In cases of safety, the Building Inspector
or inspector may instruct the utility company to discontinue and secure the
service until the condition is corrected as provided herein.
[Amended 11-6-2000 by L.L. No. 7-2000]
If it is found that an electrical device or wiring system is lawfully
installed or altered, the inspector shall issue a certificate of approval
to that effect. To cover the intent and purpose of this section, a certificate
of approval as issued by the State of New York Board of Fire Underwriters
or other qualified inspection agency approved by the Village shall be deemed
sufficient evidence of conformity with the provisions of this chapter.
A.Â
It shall be unlawful to use or permit the use of or to
supply current for electric devices or wiring for light, heat or power within
the Village unless the required certificate of inspection and approval has
been issued.
B.Â
The inspector may, in his discretion, give temporary
permission for a reasonable time to supply and use current in part of an electrical
installation before such installation has been fully completed.
C.Â
When, in the opinion of the inspector or a Fire Chief,
any electric current is dangerous to life or property or may interfere with
the work of the Fire Department, either of them may disconnect or cause to
be disconnected said current.
D.Â
It shall be a violation of this chapter 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 prior to the issuance of a temporary certificate or a certificate of
compliance by the New York Board of Fire Underwriters or other qualified inspection
agency approved by the Village.
[Amended 11-6-2000 by L.L. No. 7-2000]
A.Â
It shall be unlawful for any master electrician or special
electrician or owner/electrician or any person to engage in work of the character
herein defined within the Village without first having obtained a license
from the Building Department of the Village of Elmsford.
B.Â
It shall be unlawful for any licensed electrician to allow his license to be used in connection with work not actually done by him or his employees, nor shall any special electrician allow his license to be used in connection with work not actually done by him for his employer. Any master electrician or special electrician performing electrical work under the auspices of an owner/electrician's license or permit will thereby subject his own license to revocation, as determined by a hearing of the Electrical Control Board. Accordingly, any owner/electrician who allows such work on his premises or property shall be subject to penalties as provided in § 146-17.
C.Â
The provisions of this section pertaining to licenses
shall not apply to electrical corporations as defined in the Transportation
Corporations Law of the State of New York, nor to any person or corporations
engaged in their behalf, nor to the employees of any of them in performing
such work in the conduct of the business of such corporation in installing,
maintaining or repairing wires, apparatus or fixtures or other appliances
used by such companies and necessary for or to their business, whether or
not such wires, conduits, apparatus, fixtures or other appliances are on its
own premises, unless the work in connections therewith is done within a building
now owned by such corporation. Such provision shall not apply to the electrical
work of a telephone, telegraph, central station, protective, railroad or radio
broadcasting company nor to those performing electrical work for such a company
where said electrical work is an integral part of the plant or service used
by such company in rendering its duly authorized service to the public.
A.Â
There is hereby created a Board of Electrical Control
composed of five members: one a master or employing electrician, one an inspector
of the New York Board of Fire Underwriters or other qualified inspection agency
approved by the Village, one an authorized representative of the utility supplying
electrical energy to the Village, one an architect, builder or qualified engineer
and the Building Inspector of the Village of Elmsford. The Village Board,
except for the Village Building Inspector, shall have the option to make appointments
to the Board of Electrical Control from any of the other four categories.
However, no less than three of the five categories will be represented on
the full Board of Electrical Control at one time. The Village Board may at
its discretion appoint, as a sixth member of the Board of Electrical Control,
a person qualified under any one of the five categories as set forth above,
even though such category is already represented on this Board, so long as
at least three categories are represented on the Board at all times. Residence
in the Village shall not be required of the inspector from the New York Board
of Fire Underwriters or other qualified inspection agency approved by the
Village, nor the utility representative; however, all other members of the
Board of Electrical Control must be residents of the Village for at least
one year prior to the date of his or their appointment to said Board. The
Chairman shall be recommended by the Mayor and approved and appointed by the
Village Board.
[Amended 11-6-2000 by L.L. No. 7-2000]
B.Â
Of the members first appointed to the Board, one shall
hold office for the term of one year, one for the term of two years, one for
the term of three years, one for the term of four years and one for the term
of five years, from and after his appointment. Their successors shall be appointed
for a term of five years from and after the expiration of the terms of their
predecessors in office, except that the Building Inspector shall be a member
of the Board so long as he holds the office of Building Inspector. Vacancies
in said Board shall be filled by the Mayor for the unexpired term.
C.Â
It shall be the duty of the Board of Electrical Control
to examine and determine the competency of all applicants desiring an electrician's
license. Said Board shall certify to the Building Inspector of the Village
of Elmsford the names of applicants determined by it, after examination, to
be competent to receive a license promptly after such determination is made.
The examining procedure shall be in two parts as follows:
(1)Â
Each applicant will undergo a brief oral interview conducted
by the Electrical Control Board members for the purpose of ascertaining the
applicant's general knowledge of electrical circuitry and construction.
(2)Â
Upon successful completion of the oral interview, each
applicant will be eligible to select a written test from a random sampling
as provided by the Electrical Control Board. A grade of 75% or higher must
be achieved on the written examination in order to be approved for granting
of a license.
D.Â
The Board shall meet as required, at specific times and
dates designated by the Chairman, and special meetings may be called by the
Chairman or by any two members of the Board. Three members shall constitute
a quorum for the transaction of business, and the votes of a majority of all
members shall be necessary for official action.
[Amended 11-6-2000 by L.L. No. 7-2000]
E.Â
Compensation for each member shall be $10 per applicant
paid to each examining member of the Electrical Control Board, with the exception
of the Building Inspector or his duly appointed representative, present to
administer a test to an applicant.
A.Â
It shall be unlawful to install electrical devices or
wiring for light, heat or power or to alter or extend an existing electric
device or wiring system unless a permit has been issued therefor by the Building
Inspector of the Village, except that no permits shall be required for electrical
work for the generation and primary distribution of electrical current or
the secondary distribution system ahead of the meter where such work is an
integral part of the system owned and operated by an electrical light and
power company in rendering its duly authorized service. No permit shall be
issued to any person, firm or corporation other than an electrician licensed
under this chapter, except those required to be licensed by this chapter.
B.Â
Applications for permits shall be made to the Building
Inspector on forms supplied by him.
C.Â
Permits shall be issued to the licensed electrician engaged
to perform the work in the form of a poster, which shall bear the name of
the electrician to whom it is issued, the location of the premises and such
other information as the Building Inspector may require. The permit shall
be posted by the electrician on the premises in which the installation is
to be made, adjacent to the existing or proposed location of the electric
service meter.
D.Â
The fee for said permit shall be:
[Amended 9-17-1984 by L.L. No. 2-1984; 2-20-1989
by L.L. No. 1-1989; 5-1-2000]
Cost of Work
|
Permit Fee
| |
---|---|---|
$0 to $499
|
$30
| |
$500 to $999
|
$40
| |
$1,000 to $1,999
|
$50
| |
$2,000 to $3,999
|
$60
| |
$4,000 to $9,999
|
$100
| |
$10,000 to $50,000
|
$200, plus 1% of value over $10,000
| |
$50,000 and over
|
$600
|
Every application for a license pursuant to this chapter shall be made
in writing to the Building Inspector of the Village and shall contain the
following information and shall be subscribed and sworn to by the applicant
in person, if an individual; by all partners, if a partnership; and by the
president or other duly authorized officer, if a corporation:
A.Â
The name of applicant.
B.Â
The applicant's business address.
C.Â
The applicant's home address if he is a natural
person.
D.Â
The purpose for which the license is sought.
E.Â
Whether or not the applicant or, in the case of a corporation,
whether any officer or director thereof, has been convicted of a crime or
violation of any local law of the Village and, if so, the nature of such offense
and the penalty assessed therefor.
F.Â
Satisfactory credentials from his principal, if the applicant
is to act as an agent.
G.Â
Any other data necessary to meet the requirements of
this chapter which, in its discretion, the Board of Electrical Control may
require.
A fee of $40 shall accompany each application ($5 in the case of an
owner/electrician), which fee shall not be refunded in any event. A further
fee of $25 shall be paid by each successful applicant. A fee of $5 shall be
charged for each additional certified copy of a master electrician's
license.[1]
[1]
Editor's Note: Former § 14-12, Bond to be filed, which
immediately followed this section, was repealed 2-3-1992 by L.L. No. 1-1992.
A.Â
Upon compliance with the provisions of this chapter,
a license shall be issued by the Building Inspector of the Village.
B.Â
A special electrician's license may be limited in
its scope to any particular premises within the Village specified therein,
but, if so limited, the licensee shall be entitled to have such location changed
from time to time upon approval by the Board of Electrical Control.
An applicant for a master electrician's license of the Village,
who holds an existing, like license issued to him by another municipality
in the State of New York, upon filing with the Building Inspector of the Village
a copy of such license certified by the appropriate office of the issuing
municipality with proof that it is valid and in force, and upon payment of
a fee of $25, shall be entitled to a master electrician's license of
the Village, provided that said other municipality honors and reciprocates
in a like manner master electrician's licenses issued by the Village
hereunder.
All licenses issued hereunder shall expire on the 31st day of December succeeding the date of its issue and shall be renewed within 30 days preceding such expiration by application to the Building Inspector and the payment of a fee of $25. A license which has been renewed on or before its expiration may be renewed within one year after its expiration upon application to the Building Inspector and the payment of a fee of $25. A license which has not been renewed on or before its expiration may be renewed within one year after its expiration upon application to the Building Inspector and the payment of a fee of $25, which renewal shall be retroactive to the date of such expiration. Any license which is not renewed within a period of one year of expiration shall be considered expired and shall not be renewed unless or until reapplication is made as described in foregoing §§ 146-10 and 146-11 of this chapter.
A.Â
It shall be the duty of the inspector to notify the Electrical
Control Board of any case of incompetence of or of any conviction obtained
in court against a licensed electrician for violations of the provisions of
this chapter. After due notice and hearing, the Electrical Control Board may
recommend to the Building Inspector that he suspend for a period of time to
be determined by the said Board or revoke the license of any electrician who
is found to be incompetent or is convicted in court for a violation of the
provisions of this chapter.
B.Â
After receipt of the recommendation of the Board of Electrical Control, as provided in Subsection A hereof, the Building Inspector shall be empowered and authorized to suspend or revoke the license of any electrician who is found by him to be incompetent or who has been convicted in court for a violation of the provisions of this chapter.
[Amended 11-6-2000 by L.L. No. 7-2000]
This chapter shall not be construed to relieve from or lessen the responsibility
of any person owning, operating, controlling or installing any electrical
wiring, devices, appliances or equipment for loss of life or damage to person
or property caused by any defect therein, nor shall the Village nor the New
York Board of Fire Underwriters or other qualified inspection agency approved
by the Village be deemed to have assumed any such liability by reason of any
inspection made pursuant to this chapter.
[Amended 7-10-2006 by L.L. No. 4-2006]
Any infraction of the provisions of this chapter shall constitute a
violation and shall subject the offender to a penalty of $250 for the first
offense; $500 for the second offense; and up to but not to exceeding $1,000
for the third offense. Each day such infraction continues may be deemed to
constitute a separate offense.