City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 9-27-1960. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 39.
Enforcement procedures — See Ch. 52.
Business and trades licenses — See Ch. 68.
The purpose of this chapter is to provide for the protection of life and property and to avoid the improper installation of electric wiring in the City of Rochester. The provisions contained herein shall constitute the rules regulating a person or persons engaged in the work of electrical installation in the City of Rochester. This chapter shall be known as the "Electrical Licensing Ordinance."
[Amended 9-26-1961; 1-23-1968 by Ord. No. 68-18; 12-26-1968 by Ord. No. 68-422; 8-14-1973 by Ord. No. 73-426; 12-23-1975 by Ord. No. 75-493; 1-24-1978 by Ord. No. 78-54]
For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section, unless different meanings are clearly indicated by the context.
BOARD
The Electrical Examining Board of the City as provided for in Article XII, § 12-39, of the Charter of the City of Rochester.[1]
COMMISSIONER
The Commissioner of Neighborhood and Business Development of the City of Rochester or his or her legally designated representative.
[Amended 2-10-1981 by Ord. No. 81-45; 2-24-1981 by Ord. No. 81-55; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
COMPANY OFFICER
An individual, employed by the company, designated as the licensed electrician of record.
[Added 10-11-2011 by Ord. No. 2011-325]
ELECTRICIAN
One who installs, alters or repairs electrical devices and circuits.
EMPLOYEE
An individual who is on the company payroll and who receives a W2 form as such.
[Added 10-11-2011 by Ord. No. 2011-325]
HONORARY ELECTRICIAN'S LICENSE
A license issued upon request and without charge for life to a person retiring from active practice as an electrician after having held an active electrician's license for at least 10 consecutive years and having reached the age of 60. Such license shall not entitle the holder to engage in the business of installing, altering or repairing electrical wiring, services or equipment. Such license shall be issued in the same category as the most recent active license held by the individual and shall be identified by the prefix "Honorary" on the license certificate and the addition of the letter "H" to the license number. The Board shall be empowered to waive the above requirements for the granting of this honorary license in cases of extenuating circumstances, such as for an electrician who becomes permanently disabled.[2]
[Added 5-22-1984 by Ord. No. 84-170]
MASTER ELECTRICIAN
Any person who possesses or is qualified to possess a master electrician's license in accordance with the provisions of this chapter.
MASTER ELECTRICIAN'S LICENSE
A license which is issued to an electrician who has proven his or her qualifications and ability and has been authorized by the Board to possess this type of license. This license, while in an active status, entitles the holder to engage in the business of installing, altering and repairing electrical wiring, services and equipment in all types of properties, including the specific occupancies described in Chapter V of the National Electrical Code.[3]
[Amended 2-14-2006 by Ord. No. 2006-22]
RESIDENTIAL ELECTRICIAN
Any person who possesses or is qualified to possess a residential electrician's license in accordance with the provisions of this chapter.
[Added 10-11-2011 by Ord. No. 2011-325]
RESIDENTIAL ELECTRICIAN'S LICENSE
A license which is issued to an electrician who has proven his or her qualifications and ability and has been authorized by the Board to possess this type of license. This license, while in an active status, entitles the holder to engage in the business of installing, altering and repairing electrical wiring, services and equipment in all types of properties with the following limitations:
[Added 10-11-2011 by Ord. No. 2011-325]
A. 
Incoming services and installed equipment shall be limited to a single phase.
B. 
The specific occupancies described in Chapter V of the National Electrical Code are excluded.
SERVICE CONNECTION
The point in the electrical system where the wiring owned by the utility servicing the premises connects to that which is owned by the property owner.
[Added 10-11-2011 by Ord. No. 2011-325]
SUPERINTENDENT
An individual, employed by the company, designated as the licensed electrician of record.
[Added 10-11-2011 by Ord. No. 2011-325]
TEMPORARY ELECTRICIAN'S LICENSE
A license which is issued to a person desiring to perform electrical work for a limited period of time or which is issued, at the discretion of the Board, to applicants for a master or single phase electrician's license. A person who is issued a temporary electrician's license must take the next available examination in order to determine his or her qualifications for a master or single phase electrician's license. A temporary electrician's license shall expire 30 days after the Board meets to review and approve the results of the examinations. A person issued a temporary electrician's license is subject to the same regulations as a permanent master or single phase electrician.
[Amended 2-14-2006 by Ord. No. 2006-22]
[1]
Editor's Note: The former definition of "chief inspector," which immediately followed this definition, was repealed 6-16-2009 by Ord. No. 2009-179.
[2]
Editor's Note: The former definition of "inactive license," which immediately followed this definition, as amended 2-24-1981 by Ord. No. 81-55, was repealed 5-22-1984 by Ord. No. 84-170.
[3]
Editor's Note: The former definition of "single phase electrician," and "single phase electrician's license, as amended, which immediately followed this definition, were repealed 10-11-2011 by Ord. No. 2011-325.
A. 
No person shall engage in or conduct the business of installing, altering or repairing any electrical work in the City of Rochester unless licensed therefor pursuant to this chapter, or unless an employee who is working under the direct supervision of an electrician who is licensed pursuant to this chapter or unless working under the general supervision of a superintendent or company officer who is licensed pursuant to this chapter and who carries the full responsibility of the electrical work performed under his or her jurisdiction as his or her primary duty. No proprietorship, partnership, firm or corporation which is engaged in or is conducting the business of installing, altering or repairing any electrical work in the City of Rochester that requires licensure by the terms of this chapter shall perform such work without an owner thereof or at least one person in his or her employ who shall be a qualified electrician, duly licensed in accordance with the provisions of this chapter and who shall assume the responsibility for his or her own work and that of any unlicensed electricians under his or her jurisdiction.
[Amended 4-14-1970 by Ord. No. 70-163; 2-14-2006 by Ord. No. 2006-22; 10-11-2011 by Ord. No. 2011-325]
B. 
A license is not required by the provisions of this section for persons executing the following classes of work:
[Amended 12-26-1968 by Ord. No. 68-422; 1-24-1978 by Ord. No. 78-54]
(1) 
Any electrical work performed in a single-family residence by the owner-occupant, which does not exceed 250 volts.
(2) 
Any work done by persons employed by manufacturers or purveyors of electrical equipment in servicing their own products.
(3) 
The connection or disconnection of portable plug-in appliances to permanently installed receptacles or the attachment or disconnect of input terminals of electrical appliances; the replacement of defective devices with directly interchangeable types, i.e., fuses, lamps, switches (when enclosing boxes are not disturbed), receptacles, sockets, motors, transformers, ballasts, relays, timers, heaters, circuit breakers or fuseholders 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) 
Transmission lines controlled by the utility from the source of supply to the service connection on the premises where used or any electrical installation that occurs beyond the defined "service connection."
[Amended 10-11-2011 by Ord. No. 2011-325]
(5) 
Public service companies authorized to generate or sell electricity.
(6) 
Automotive, railway, aeronautical or marine equipment.
(7) 
Such other highly specialized or restricted activities within which the Board may determine that the need does not exist for requiring licensure on the part of those performing electrical work on such operations, nor is the safety or welfare of the general public jeopardized by the lack of requiring licensure for such operations.
C. 
A license is required by the provisions of this section for persons executing the following classes of work, unless otherwise exempt by the preceding subsection:
(1) 
Electrical work performed for any proprietorship, partnership, corporation or association on premises owned or leased by the employer that is located within the City of Rochester. Either the outside contractor hired to perform electrical work must be duly licensed or the persons on the payroll of the employer that either perform or supervise the work or carry the responsibility for same must be licensed.[1]
[Amended 6-10-1969 by Ord. No. 69-262; 10-11-2011 by Ord. No. 2011-325]
[1]
Editor's Note: Chapter 38 was repealed by Ord. No. 78-53. See now Ch. 39, Building Code.
(2) 
Replacement of branch circuit and feeder protective devices (fuseholders or circuit breakers).
(3) 
Replacement of wire or cable that is a part of a fixed wiring system.
(4) 
Replacement of switches when the enclosing boxes are disturbed.
(5) 
Work performed on supply circuits up to the attachment of input terminals to electrical appliances.
[Added 12-26-1968 by Ord. No. 68-422]
(6) 
Any wiring less than 50 volts which is covered by the National Electrical Code.
[Added 1-24-1978 by Ord. No. 78-54]
[Amended 4-23-1963; 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 4-14-1992 by Ord. No. 92-117]
An applicant shall make application for a license in the office of the Commissioner on forms as prescribed by the Board. The applicant shall specifically state the type of license for which he or she is applying. At the time of application for examination, the applicant shall pay the fee established in § 49-8B(1). The Commissioner shall deliver to the Secretary of the Board all applications to be considered by the Board at a time prescribed by the Board. Upon successful completion of an examination, the applicant shall pay the fee established in § 49-8B(2).
[Amended 1-24-1978 by Ord. No. 78-54]
A. 
A license shall be granted to an applicant who shall prove to the satisfaction of the Board that he or she is a competent electrician qualified to do electrical contracting, construction, installation work and wiring and that he or she possesses a working knowledge of electricity and the natural laws and functions of electricity and of appliances, apparatuses and devices for electric light, heat and power purposes used and required in the scope of work for which he or she is making application, combined with a practical working knowledge of the City ordinances relating to electrical work and the provisions of the National Electrical Code. Said applicant shall submit to an examination by the Board. The Secretary of the Board, or his or her designee, shall send a notice of examination to an applicant, postmarked at least five days prior to the date of the examination, to the last known mailing address of the applicant on record. Each applicant for a residential electrician's license must have at least two years of applicable experience, and each applicant for a master electrician's license shall have at least four years of applicable experience. The Board may specify these experience requirements in more detail in rules and regulations.
[Amended 4-14-1992 by Ord. No. 92-117; 2-14-2006 by Ord. No. 2006-22; 10-11-2011 by Ord. No. 2011-325]
B. 
Notwithstanding the requirements found in Subsection A above, the Mayor is hereby authorized to enter into reciprocal licensing agreements with other municipalities whereby a holder in good standing of a current master electrician's license in one municipality shall be allowed to perform work in the other municipality without further testing. Such agreements shall be executed only upon a recommendation of the Electrical Examining Board made after a review of the examination standards of the other municipality. The licensee shall be responsible for the payment of the license fees in each jurisdiction.[1]
[Added 9-13-1995 by Ord. No. 95-321]
[1]
Editor's Note: Former Subsection B, which pertained to any person holding a license for heaters and coolers, fuel pumps, signs, control systems or Class 2, was repealed 5-22-1984 by Ord. No. 84-170, effective 7-1-1985.
A. 
As soon as possible, but not exceeding 30 days upon successful completion of the appropriate electrical license examination and after the completion of an investigation or examination of an applicant by the Board, the Secretary of the Board shall report to the Commissioner, in writing, the Board's findings and recommendations in each case. In the case of a successful applicant, the Secretary shall transmit to the Commissioner the applicant's name, his or her address, the type of license to be issued, the fees that have been paid and the effective dates of the license. This information, together with the number of the license, shall be kept by the Commissioner in a book for that purpose. Each license issued pursuant to this chapter shall entitle the holder thereof to engage in the business of electrical work within the City of Rochester to the extent and for the duration of time which may be specified on said license.
[Amended 4-23-1963; 4-14-1992 by Ord. No. 92-117; 2-14-2006 by Ord. No. 2006-22; 10-11-2011 by Ord. No. 2011-325]
B. 
The license shall take the form or forms as prescribed by the Board. It shall specify the name of the person licensed, who shall be known as the holder of the license. It shall indicate the type of license issued, the limitations (if any) of electrical work to be performed, the number of the license, the expiration date (if appropriate) and the issuing date of the license.
C. 
The successful applicant shall obtain his or her license from the Commissioner after a proof is submitted that the Board has granted him or her a license and that the total fees have been paid. The applicant agrees to notify the Board, or the Commissioner of Neighborhood and Business Development in lieu of the Board, of any change in name or address within 10 days of the time of such change. The holder of a permanent license shall display his or her certificate of license in a conspicuous place and in his or her principal place of business. The replacement of licensing forms for any reason shall be in accordance with the rules and regulations of the Board. The holder of a license shall have on his or her person evidence that he or she is a licensed electrician.
[Amended 4-23-1963; 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 4-14-1992 by Ord. No. 92-117; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
D. 
The master electrician's license and the residential electrician's license shall be issued for a maximum period of 24 months, to terminate on the 30th day of June in an even year.
[Amended 9-11-1973 by Ord. No. 73-466; 4-14-1992 by Ord. No. 92-117; 10-11-2011 by Ord. No. 2011-325]
A. 
The application for renewal of a license shall take the form or forms prescribed by the Board. The applicant shall make application for renewal of a license in the office of the Commissioner no later than May 30 of an even year. The applicant shall specifically state the type of license for which renewal application is made. The applicant shall pay a total license fee for renewal at the time application for renewal is made. The Commissioner shall deliver to the Secretary of the Board all applications for renewal to be considered by the Board at a time prescribed by the Board.
[Amended 4-23-1963; 1-23-1968 by Ord. No. 68-18; 2-24-1981 by Ord. No. 81-55; 4-14-1992 by Ord. No. 92-117]
B. 
All licenses are renewable for a twenty-four-month period. Any person holding a valid license will not be subject to a formal examination to obtain renewal of a license, provided that a renewal application is submitted and all required fees are paid by May 30 of the year of renewal. Late renewal applications (submitted June 1 to June 30) may also be made without examination upon payment of an additional late renewal fee. (See § 49-8G.) Failure to renew a license by the June 30 expiration date will result in automatic revocation of the license. In the event of a disability or serious illness of the licensee, the Board may, in its discretion, extend the renewal date without penalty up to one year beyond the June 30 expiration date.
[Amended 1-23-1968 by Ord. No. 68-18; 2-24-1981 by Ord. No. 81-55; 5-22-1984 by Ord. No. 84-170; 4-14-1992 by Ord. No. 92-117]
C. 
Licenses which have been suspended or revoked may be renewed with or without examination in accordance with the rules and regulations of the Board. In the event that a license is suspended during the time required for its renewal, the applicant shall apply for renewal on the regular prescribed forms but will be required to pay the additional fee as hereinafter prescribed and be subject to reinstatement at a date different than the normal renewal date. In the event that a license has been revoked, a new application for a license may be made by the applicant, as provided for in §§ 49-4 through 49-6. No portion of previous fees paid are redeemable because of lost time during the suspension or revocation of a license.
D. 
The Board shall investigate all renewal applications submitted. It shall call in any applicants for renewal that they deem fit to examine prior to taking action on their application for renewal. As soon as possible, but not exceeding 30 days after the decision of the Board, the Secretary of the Board shall report to the Commissioner, in writing, the Board's findings and recommendations in each case. He or she shall report the successful applicant's name, business address, type of license renewal to be issued and effective dates of the license renewal. This information, together with the number of the license renewal and the fee paid, shall be kept by the Commissioner in a book for that purpose. Each renewal of a license issued pursuant to this chapter shall entitle the holder thereof to continue to engage in the business of electrical work within the City of Rochester to the extent and for the duration of time which may be specified on said renewal. The renewal of a license shall take the form or forms as prescribed by the Board.
[Amended 4-14-1992 by Ord. No. 92-117; 2-14-2006 by Ord. No. 2006-22]
E. 
The successful applicant shall obtain his or her renewal from the Commissioner after the Board has authorized the Commissioner to do so and has submitted proof that the total renewal fees have been paid. The applicant, upon acceptance of the renewal, reiterates his or her agreement to the conditions of acceptance as outlined in § 49-6C.
[Amended 4-23-1963; 4-14-1992 by Ord. No. 92-117; 2-14-2006 by Ord. No. 2006-22]
F. 
Repeated renewals for two years shall be granted in like manner and upon like application and conditions as prescribed above.
[Amended 4-14-1992 by Ord. No. 92-117]
[Amended 12-26-1968 by Ord. No. 68-422; 1-24-1978 by Ord. No. 78-54]
A. 
All required fees shall be paid by the applicant when filing an application for a license or for a change in type or status or when renewing a license.
B. 
Fees for new permanent licenses and for temporary licenses.
[Amended 5-22-1984 by Ord. No. 84-170; 5-22-1990 by Ord. No. 90-191; 6-18-1991 by Ord. No. 91-257; 4-14-1992 by Ord. No. 92-117]
(1) 
Examination fee (due with application): $60.
(2) 
License fee (due with certification):
[Amended 10-11-2011 by Ord. No. 2011-325]
Exam Date
Type
Even Year
Odd Year
July/October
Residential
$120
$60
July/October
Master
$120
$60
January
Residential
$30
$90
January
Master
$30
$90
April
Residential
$120
$60
April
Master
$120
$60
(3) 
Temporary license: examination fee of $60 and license fee of $60.
C. 
Fees for renewal of active licenses (full two-year periods only).
[Amended 5-22-1990 by Ord. No. 90-191; 6-18-1991 by Ord. No. 91-257; 4-14-1992 by Ord. No. 92-17; 10-11-2011 by Ord. No. 2011-325]
Type
Fee
Master
$120
Residential
$120
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, pertaining to fees for inactive licenses, and the unnumbered paragraph immediately preceding Subsection D, which related to certain renewal fees, were repealed 5-22-1984 by Ord. No. 84-170.
E. 
Fees for upgrading license category:
[Amended 5-22-1984 by Ord. No. 84-170; 4-14-1992 by Ord. No. 92-117; 10-11-2011 by Ord. No. 2011-325]
Examination Fee
Examination Fee
Type
(due with renewal)
(due with application)
Residential to master
$15
$60
F. 
Suspension and revocation.
[Amended 5-22-1984 by Ord. No. 84-170; 4-14-1992 by Ord. No. 92-117]
(1) 
For reinstating a suspended license: $50.
(2) 
For reinstating/renewing a revoked license, the same fees as for new licenses apply. If renewed without examination, the total fee paid must not be less than if the license had been kept valid by regular renewals.
G. 
For late renewal (June 1 - June 30) of a license there is a fee of $50 in addition to the normal renewal fees set forth in § 49-8C.
[Amended 5-22-1984 by Ord. No. 84-170; 4-14-1992 by Ord. No. 91-117]
H. 
Other fees. Any fees not set forth in this section shall be prescribed by the Commissioner and shall be consistent with the fees set forth herein.
I. 
Refund.
(1) 
There shall be no refund of fees for the period during which a license has been suspended.
(2) 
There shall be no refund of fees when a license is revoked.
(3) 
There shall be no refund of fees to an applicant who fails to acquire a license.
[Amended 4-14-1992 by Ord. No. 92-117]
[1]
Editor's Note: For fees for a permit to perform electrical work, see Ch. 39, Building Code.
[Amended 1-24-1978 by Ord. No. 78-54]
Payments of any fee required by this chapter and any other sums shall be made payable to the order of the City Treasurer and shall be paid at the office of the Commissioner.
[Amended 1-23-1968 by Ord. No. 68-18; 2-10-1981 by Ord. No. 81-45; 2-14-2006 by Ord. No. 2006-22]
A. 
No individual shall falsely represent himself or herself as a master electrician or employing electrician by the use of the words "master electrician," "special electrician," "licensed electrical contractor" or words of similar import or meaning on signs, cards, stationery, telephone directories or in any other manner whatsoever.
B. 
No individual shall sell, lend, rent or in any manner transfer or assign his or her 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 his or her own. Every such license may, after due notice to the holder thereof and opportunity to be heard, be suspended or revoked by the Board for failure or refusal of the licensee to comply with the City ordinances and National Electrical Code requirements or for other cause deemed sufficient by the Board, including the selling, lending, renting, transferring or assignment of any license, contrary to the provisions of this chapter.
C. 
The Commissioner or his or her duly authorized representative is authorized to suspend temporarily a license which has been issued under the provisions of this chapter when the holder of the license has, in the opinion of the Commissioner, violated the provisions of this section, until such time as a hearing shall be held by the Board for the purpose of reviewing such suspension. The Commissioner shall notify the Secretary of the Board of said suspension within six days thereafter. A hearing on such charge shall be held by the Board at such time and place as designated in the rules and regulations relating to suspension of licenses.
[Amended 2-14-2006 by Ord. No. 2006-22]
Persons desiring to prefer charges against any holder of a license granted hereunder shall conform to and comply with all rules and regulations of the Board regarding the preferring and hearing of such charges. The defendant shall present himself or herself for a hearing of such charges at such time and place as the Board shall determine. Upon failure to appear, his or her license shall be suspended until such time as it is restored by the Board.
[Amended 12-26-1968 by Ord. No. 68-422; 7-22-1969 by Ord. No. 69329; 10-13-1992 by Ord. No. 92-372]
A. 
Violations of this chapter may be referred to the Municipal Code Violations Bureau, wherein violators shall be subject to the penalties for high violations set forth in § 13A-11D(1) of the Municipal Code.
[Amended 10-11-2011 by Ord. No. 2011-325]
B. 
Violations of this chapter may also be enforced pursuant to Chapter 52 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
C. 
Violations of the licensing provisions of this chapter may be enforced pursuant to Chapter 68 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of the chapter shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this chapter are declared to be severable.
This chapter shall take effect January 1, 1961.