The Inspector, upon the showing of proper credentials
and in the discharge of his/her duties, may enter upon any building,
structure or premises at any reasonable hour in reference to inspections
in connection with this chapter. The owner or tenant will have been
deemed to have consented to such inspection.
In the event of the abandonment of any building
project, it shall be the duty of the holder of the permit or the owner
of the premises, his agent or duly authorized representative to backfill
any open excavation up to the street or ground level; in case the
construction of the building or structure has proceeded beyond the
cellar excavation, all incomplete structures or openings shall be
completely boarded up so as to prevent access to the building or structure,
in order to limit and prevent danger to persons or property and possible
fire hazards.
No person shall engage in or conduct a business
of maintaining, installing or altering, repairing or contracting to
install, alter or repair any plumbing in the Town of Cheektowaga until
such person shall apply for and obtain a master plumber's license
to engage in such business as herein provided.
[Amended 6-15-2015 by L.L. No. 7-2015]
A. Except for a homeowner, a master plumber or a sewer
contractor, can obtain a permit for plumbing work in the Town of Cheektowaga.
Any person desiring to take the examination for a master plumber's
certificate of competency must be an American citizen and a journeyman
plumber for a minimum of 8,000 hours as an employee of a licensed
master plumber. He shall make a sworn application in writing, accompanied
by a filing and examination fee as determined by the Town Board, not
returnable, and by two photographs of the applicant, approximately
1 1/2 inches by 1 1/2 inches, taken within the past 30 days, to the
Inspector, who, if said application is in good order, shall refer
it to the Board. The Board shall thereupon arrange and conduct an
examination as to the competency and qualifications of such applicant
within 12 months of the date of said application. Any person who has
successfully completed the New York State plumbers and pipefitters
apprentice program shall be allowed to obtain a master's or journeyman's
license through the Building and Plumbing Department without taking
an exam. The applicant shall produce a copy of their certificate of
completion from the New York State Department of Labor.
[Amended 4-11-2017 by L.L. No. 2-2017]
B. A certified journeyman may not obtain a permit for
plumbing work in the Town of Cheektowaga but may work on a site without
the presence of, but at all times must be under the guidance of, a
master plumber. Any person desiring to take the examination for a
journeyman's certificate of competency must be an American citizen
and must have worked as an apprentice plumber for a minimum of 4,000
hours as an employee of a licensed master plumber. He shall make a
sworn application in writing, accompanied by a filing and examination
fee as determined by the Town Board, not returnable, and by two photographs
of the applicant, approximately 1 1/2 inches by 1 1/2 inches, taken
within the past 30 days, to the Inspector, who, if said application
is in good order, shall refer it to the Board. The Board shall thereupon
arrange and conduct an examination as to the competency and qualifications
of such applicant within 12 months of the date of said application.
C. A certified sewer contractor may obtain a permit for
sewer work (defined as work between the curb and the exterior of any
structure, which includes any storm, hot boxes/RPZ, sanitary sewer
and water service within five feet of the building) in the Town of
Cheektowaga and may work on a site without the presence of a master
plumber. Any person desiring to take the examination for a sewer contractor's
certificate of competency must be an American citizen and must have
worked as an apprentice plumber for a minimum of 4,000 hours as an
employee of a licensed master plumber or a qualified sewer contractor,
or must have operated a sewer contractor business for a minimum of
8,000 hours. He shall make a sworn application in writing, accompanied
by a filing and examination fee as determined by the Town Board, not
returnable, and by two photographs of the applicant, approximately
1 1/2 inches by 1 1/2 inches, taken within the past 30 days, to the
Inspector, who, if said application is in good order, shall refer
it to the Board. The Board shall thereupon arrange and conduct an
examination as to the competency and qualifications of such applicant
within 12 months of the date of said application.
[Amended 4-11-2017 by L.L. No. 2-2017]
[Amended 6-15-2015 by L.L. No. 7-2015]
A. The Town Clerk shall issue a license authorizing said
applicant to conduct such business in the Town of Cheektowaga upon
receipt of a certificate of competency from the Board showing that
such person, a member of such firm or the superintendent of construction
of such corporation has passed an examination by said Board. The certificate
of competency must be dated within one year of the date of the application.
B. Every applicant shall also maintain in continuous
effect the following insurances with insurers authorized to conduct
business in New York State:
(1) Workers' compensation as required by New York State;
(2) New York Disability Law insurance;
(3) General liability insurance covering the operations
of all licensees and naming the Town as an insured with limits of:
$500,000 each occurrence for bodily injury liability; $100,000 each
occurrence for property damage liability; or $500,000 each occurrence
for bodily injury and property damage liability combined. A certificate
of such insurances stating "For Plumbers Bond," and agreeing to notify
the Town "Attn: Plumbers Licenses" at least 15 days before cancellation
or nonrenewal of coverage, shall be filed with the Town Clerk.
C. The fee for the license required by this chapter shall
be as determined by the Town Board, charged each year or part thereof,
each license expiring on December 31, next after issuance. Once a
license has expired, a plumber shall not be issued permits nor be
allowed to continue plumbing work in the Town of Cheektowaga until
his license has been renewed. Issuance of master plumber's, journeyman
plumber's or sewer contractor's license.
[Amended 6-15-2015 by L.L. No. 7-2015]
[Amended 6-15-2015 by L.L. No. 7-2015]
A. No licensed plumber shall allow the use of his or
its name or master plumber's license by any unlicensed person, firm
or corporation for the purpose of defrauding the Town or otherwise.
No licensed sewer contractor shall allow the use of his or its name
or sewer contractor's license by any unlicensed person, firm or corporation
for the purpose of defrauding the Town or otherwise.
B. All work must be performed under the direction of
or by a licensed master plumber or licensed sewer contractor. A master
plumber, or a licensed sewer contractor, must be on site on a regular
basis to ensure proper installation and compliance with code requirements,
accepted/current building plans and engineering designs and be on
site for all Town building and plumbing inspections.
C. Any person, firm or corporation doing plumbing work
in the Town of Cheektowaga shall exhibit his or its license and approved
Town of Cheektowaga building and plumbing permit, upon request, to
any peace officer, Town Board member, member of the Board or employee
of the Building Inspection Department and shall, while opening any
highway for purposes incidental to such work, and where such highway
is so opened, exhibit in a conspicuous place adjacent to such opening
a sign at least one foot square plainly marked showing the number
of such license.
D. The dissolution of a firm or corporation shall operate
as a cancellation of the license of such firm or corporation.
E. Licenses shall not be transferable.
F. A license may be suspended or revoked at any time
by the Board if, in its judgment, the best interests of the inhabitants
of the Town shall be served thereby.
[Amended 9-21-2009 by L.L. No. 3-2009]
A. All electrical installations, alterations and repair of wiring for
electric light, heat and power shall be made in conformity with the
Building Code of New York State, except where the provisions of this
chapter or any other local law, ordinance or code of the Town of Cheektowaga
shall differently prescribe.
B. Inspection required; duties of inspectors.
(1) Electrical inspection shall be required on all electrical installations,
alterations and repair of wiring for electric light, heat and power
and shall be made in conformity with the requirements of the Building
Code of New York State, except where the provisions of this chapter
or any other local law, ordinance or code of the Town of Cheektowaga
shall differently prescribe.
(2) Inspections shall be performed only by inspectors who are certified
for residential, commercial and industrial inspection by the International
Association of Electrical Inspectors or by the International Code
Council and who are a certified Code Enforcement Officer. Said inspectors
shall apply for designation as electrical inspectors by the Town Board.
Applications shall be submitted to the Supervising Code Enforcement
Officer with all necessary forms/certificates as set forth herein.
[Amended 5-14-2024 by L.L. No. 5-2024]
(3) All designated inspectors are authorized and deputized as agents
of the Town of Cheektowaga 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 Town of Cheektowaga.
(4) All
applicable permits are required to be pulled prior to work inspection.
A permit number is required to be issued by the Town of Cheektowaga
prior to any inspection being performed. If one is not provided, the
Inspector must refer the party to the Town of Cheektowaga Building
Department to obtain the necessary permits. No inspections should
be performed without a valid permit. Any inspections performed without
a Town-issued permit number will be considered invalid.
[Added 5-14-2024 by L.L. No. 5-2024]
C. A party seeking designation by the Town Board as an approved electrical
inspection service shall submit the following information to the Supervising
Code Enforcement Officer:
(1) The name, street address and telephone number of the applicant.
(2) Whether the applicant is an individual, partnership or corporation.
The applicant is to provide documentation that they can operate in
Erie County.
(3) Whether the applicant is doing business in another name, and if so,
said name(s).
(4) The name, address, qualifications and training, including certificates,
of all individuals who will be performing electrical inspection services
on behalf of the applicant.
(5) A schedule of fees. A new schedule is to be submitted each time fees
change.
(6) A statement as to whether the applicant intends to utilize independent
contractors; if so, all independent contractor(s) shall be identified
by name, street address and telephone number along with qualifications/certificates.
D. The applicant shall affirm the following either individually or,
if a corporation, by a duly authorized officer:
(1) All electrical inspecting services shall be performed or overseen
by an entity and/or individual(s) who can and have provided the Town
with proof of certification as a New York State Code Enforcement Officer
and certification under the International Association of Electrical
Inspectors, or the International Code Council.
[Amended 5-14-2024 by L.L. No. 5-2024]
(2) If any information submitted at the time of application shall become
incomplete or outdated, the applicant will notify the Supervising
Code Enforcement Officer of all changes in writing within 48 hours.
(3) No person performing electrical inspections within the Town of Cheektowaga
shall engage in electrical work for compensation or have any financial
interest in any person, partnership or corporation engaged in performing
electrical work within the Town of Cheektowaga.
(4) Electrical inspections can be performed at the convenience of both
the Inspection Agency and the requesting party.
[Amended 5-14-2024 by L.L. No. 5-2024]
(5) The report of the inspection shall be filed with the Town of Cheektowaga
Building Department within one business day of the inspection. Said
report shall certify whether the electrical work inspected is in compliance
with the applicable codes. The report will be emailed to a specific
address given to the inspection agencies by the Building Department.
The report must contain the property owner name and address, work
inspected, the Town of Cheektowaga building permit number, and code
compliance status.
[Amended 5-14-2024 by L.L. No. 5-2024]
(6) The Inspector is required to leave an inspection tag at the electrical
panel. The tag must list the business name, inspector name, inspection
date, work inspected, Town permit number, and a dated signature of
the Inspector.
[Amended 5-14-2024 by L.L. No. 5-2024]
(7) The electrical inspection service will provide complimentary inspections
in response to the reasonable request(s) of the Supervising Code Enforcement
Officer.
(8) Fees charged for inspections will not be fully or partially contingent
upon approval by the electrical inspection service of the electrical
work inspected.
(9) The electrical inspection service has received approval to perform
inspections by New York State Electric & Gas and National Grid.
(10)
The electrical inspection service shall not inspect electrical
work which another approved electrical inspection service determined
to be noncompliant with the code(s).
(11)
The electrical inspection service agrees to defend, indemnify
and hold harmless the Town of Cheektowaga with respect to all claims
of whatever nature arising against the Town of Cheektowaga or any
official or employee thereof with respect to the work performed by
the electrical inspection service.
(12)
If said electrical inspection service intends to utilize independent
contractor(s), the electrical inspection service agrees to defend,
indemnify and hold harmless the Town of Cheektowaga with respect to
all claims of whatever nature arising against the Town of Cheektowaga
or any official or employee thereof with respect to the work performed
by said independent contractor.
(13)
Designation of an electrical inspector may be revoked by the
Supervising Code Enforcement Officer prior to the expiration date
for violating the provisions of this chapter or for making any materially
false statement on the application.
E. In the event that the Supervising Code Enforcement Officer refuses
to renew or revokes or suspends a designation for an electrical inspector,
the electrical inspector shall have the right to appeal such refusal,
revocation or suspension to the Town Board, in accordance with the
following provisions:
(1) Refusal, revocation or suspension of a designation shall be determined by the Town Board after a hearing held pursuant to the notification procedure listed in Subsection
E(2) through
(4) of this section.
(2) Whenever it shall be provided herein that a hearing shall be held,
such hearing shall be held on a date and at a place and hour designated
by the Town Board.
(3) The Town Clerk of the Town of Cheektowaga shall give notice of any
hearing to be held hereunder, stating the name and business address
of the electrical inspector concerned, the subject matter of the hearing
and the date, place and hour designated therefor, by mailing to the
business address shown upon the most recent application of such electrical
inspector at least 10 days prior to the date of such hearing.
(4) At any hearing held for the refusal, revocation, suspension or removal
of an electrical inspector from a list, such electrical inspector
shall be entitled to be represented by legal counsel and to present
testimony or other evidence in his own behalf, as may be relevant
to the subject matter of the hearing.
F. The party seeking to be designated by the Cheektowaga Town Board
as an approved electrical inspection service shall submit the following:
(1) Proof of liability insurance in the amount of at least $2,000,000
single limit for general liability, personal injury and property damage;
professional liability of $3,000,000; automobile liability of $1,000,000;
workmen's compensation and employees' disability.
(2) If said electrical inspection service intends to utilize one or more
independent contractor(s), proof of liability insurance in the amount
of at least $1,000,000 single limit for personal injury and property
damage identifying as an additional insured each and every independent
contractor to be utilized.
(3) Policies of liability insurance referenced above shall name as an
additional insured the Town of Cheektowaga. Said policies shall contain
the following clause: "In the event of any material alteration, nonrenewal,
or cancellation of this policy, at least 30 days notice thereof shall
be given to the Town of Cheektowaga Town Clerk, 3301 Broadway, Cheektowaga,
New York 14227."
(4) An annual administration fee of $250 USD is required and due to the
Town of Cheektowaga Building Department by January 15, or the previous
business day if the 15th is on a weekend in that year. Agencies or
individuals newly certified by the Town Board are required to pay
the annual administration fee within five business days upon receipt
of the written resolution signaling approval. Then, the January schedule
will be followed. $250 is a reasonable expense to the Town in the
administration of the process. The remittance of $250 shall not be
refundable.
[Amended 5-14-2024 by L.L. No. 5-2024]
G. Effective date will be updated based on Town Board and NYS approval.
[Amended 5-14-2024 by L.L. No. 5-2024]