[HISTORY: Adopted by the Rochester City Council
9-27-1960. Amendments noted where applicable.]
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.
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]
An individual, employed by the company, designated as the
licensed electrician of record.
[Added 10-11-2011 by Ord. No. 2011-325]
One who installs, alters or repairs electrical devices and
circuits.
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]
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]
Any person who possesses or is qualified to possess a master
electrician's license in accordance with the provisions of this chapter.
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]
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]
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]
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]
An individual, employed by the company, designated as the
licensed electrician of record.
[Added 10-11-2011 by Ord. No. 2011-325]
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]
(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; 2-15-2022 by Ord. No. 2022-48]
An applicant shall make application for a license by filling out either paper or digital forms as prescribed by the Board and presenting such forms either in person at the permit office of the Department of Neighborhood and Business Development or remotely by means of an online portal provided by said Department. 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 forward to the Secretary of the Board all applications to be considered by the Board at a time prescribed by the Board. Upon presenting proof of the 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; 5-22-1984 by Ord. No.
84-170; 4-14-1992 by Ord. No. 92-117; 9-13-1995 by Ord. No. 95-321; 2-14-2006 by Ord. No. 2006-22; 10-11-2011 by Ord. No. 2011-325; 2-15-2022 by Ord. No. 2022-48]
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 either submit to an examination by the Board or submit the applicant's score on a prior examination administered elsewhere that is determined by the Board to be sufficient to demonstrate competence in accordance with § 49-5B. For an applicant seeking to quality by means of an examination administered 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. To qualify to take an examination administered by the Board, 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.
B.
For each
applicant who seeks to qualify by presenting the result of a prior
examination not administered by the Board, the Board shall determine
whether the examination's subject matter, form (including whether
it was written or otherwise), origin (including its date, and the
licensing jurisdiction or expert third party that prepared it), date
administered, and passing score, are sufficient to qualify the applicant
for the license sought.
A.
As soon as possible, but not exceeding 30 days upon
presenting proof of the 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; 2-15-2022 by Ord. No. 2022-48]
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, which may include paper forms to be presenting in person and digital forms to be submitted online in the manner that is provided for initial licensing in § 49-4. The applicant shall make application for renewal of a license either online or in the permit office of the Department of Neighborhood and Business Development 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 forward 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; 2-15-2022 by Ord. No. 2022-48]
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
|
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]
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.
[Amended 1-24-1978 by Ord. No. 78-54; 2-15-2022 by Ord. No. 2022-48]
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 either in person at the permitting office
of the Department of Neighborhood and Business Development or remotely
by means of a digital portal prescribed by the Department.
[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]
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.
