[HISTORY: Adopted by the City Council of the City of Auburn 8-10-2000 by Ord. No. 14-2000. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 125.
The purpose of this chapter is to provide for the protection of life and property through ensuring the proper installation, maintenance and repair of electrical wiring in the City of Auburn. The provisions contained herein shall constitute the rules regulating a person or persons engaged in the work of electrical installation, repair and/or maintenance in the City of Auburn.
This chapter shall be known and may be cited as the "City of Auburn Electricians Licensing Ordinance."
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:
- APPLIANCE INSTALLER
- Any person who possesses or is qualified to possess an appliance installer license.
- APPLIANCE INSTALLER'S LICENSE
- A license issued to a person who is qualified to electrically connect small appliances, including but not limited to washers, dryers, ranges, hot-water heaters, window air conditioners, air-conditioning units with up to three-ton capacity, hot-water boilers and hot-air furnaces that do not exceed 300,000 Btu's in capacity. See § 153-8A(3).
- One who installs, maintains or repairs electrical devices and circuits.
- INACTIVE LICENSE
- A license may become inactive upon application to and approval
of the Board. No person will be issued an inactive license. An inactive
license may be brought to active status by paying the difference in
fees within a five-year period whereby the Board approved that the
license would become inactive.[Amended 12-23-2014 by Ord. No. 14-2014]
- LIMITED ELECTRICIAN
- A person who possesses or is qualified to possess a limited electrician's license in accordance with the provisions of this chapter.
- LIMITED ELECTRICIAN'S LICENSE
- A license issued to an electrician who has proven his/her qualification and ability and has been authorized by the Board to possess this type of license. This license, while in active status, entitles the holder to engage in the business of installing, maintaining and repairing electrical wiring, services and equipment in new and old homes not in excess of four dwelling units. However, the holder of a limited license shall be permitted to perform minor repair work in individual apartments in buildings over four dwelling units or residences where each unit has a separate electric service. See § 153-8A(2).
- MASTER ELECTRICIAN
- A 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/her qualifications and ability and has been authorized by the Board to possess this type of license. This license, while in active status, entitles the holder to engage in the business of installing, maintaining and repairing electrical wiring, services and equipment in all types of properties, including the specific occupancies described in Chapter 5 of the National Electrical Code. See § 153-8A(1).
Editor's Note: The former definition of “temporary electrician’s license,” which immediately followed this definition, was repealed 12-23-2014 by Ord. No. 14-2014.
Established. There is hereby created a Board to be known as the "Electrical License Board of Examiners," which shall consist of five members to be appointed by the City Manager as follows: the City Building Inspector, an inspector of an electrical inspection agency authorized to make electrical inspections in the City of Auburn, a master electrician and two other members not limited as to classification. Each member shall hold office for three years, or until a successor has been appointed, with the exception of the Building Inspector, whose term shall be concurrent with his or her office.
Vacancies; removal of members. Any member or members may be removed by the City Manager for misfeasance or malfeasance in office, incompetence, neglect of duty or for other good and sufficient cause. All vacancies occurring other than by expiration of term of office shall be filled by the City Manager for the unexpired term.
Officers. Such Board shall elect its own Chairperson and appoint its Secretary.
Meetings. It shall be the duty of the Electrical License Board of Examiners to hold a meeting at least once during each month, if necessary, for the transaction of such business as may regularly be brought before it, exclusive of examinations. Examination meetings shall be held in the months of November and May and may be held on regular meeting nights or at a special designated night during these months. Meetings shall also be held whenever they shall be called for by the Mayor or City Manager, which shall be in writing, for the purpose of examinations if there are any applications pending.
[Amended 11-7-2002 by Ord. No. 18-2002]
Examination of applicants for licenses. The Board shall examine the applicants for licenses as to their knowledge of the rules and regulations for the installation of electrical wiring, devices, appliances and equipment as set forth in the relevant statutes of this state, in the ordinances and local laws of the City, the National Electrical Code and the generally accepted standards of the New York State Uniform Fire Prevention and Building Code and to determine the general qualifications and fitness of each such applicant for executing electrical work.
Quorum. Three members of the Board present at any meeting shall constitute a quorum for the granting and revoking of licenses and the transaction of other business, and the majority of such Board shall prevail.
Records. Records of the meetings of the Electrical License Board of Examiners shall be open for inspection at all reasonable times and shall include the names and addresses of all holders of licenses. The Secretary of the Board shall be responsible for filing the records of the meetings with the office of the City Clerk.
Reciprocal agreement. The Electrical License Board of Examiners shall have the authority to negotiate reciprocal agreements with other municipalities when deemed appropriate. Reciprocal agreements shall be executed by the Mayor and the City Manager and shall only be entered into if the qualifications required to obtain a license from the other municipalities are substantially similar to those required within the City of Auburn. Said reciprocal agreements shall require Council approval.
Type of work. No person shall engage in or conduct the business of installing, maintaining, altering or repairing any electrical work in the City of Auburn unless licensed therefor pursuant to this chapter, or unless working under the general supervision of a company officer who is licensed pursuant to this chapter and who carries the full responsibility for the electrical work performed under his/her supervision as a primary duty. No proprietorship, partnership, firm, corporation or subsidiary of a parent corporation which is engaged in or is conducting the business of installing, maintaining, altering or repairing any electrical work in the City of Auburn that requires licensure by the terms of this chapter shall perform such work without the owner, partner or officer duly licensed in accordance with the provisions of this chapter, and who shall assume the responsibility for his own work and that of any unlicensed electricians under his supervision. Should any license holder become incapacitated whereby he/she is unable to carry out his/her supervision duties as referenced above in a manner satisfactory to the Board, the Board at its discretion may suspend that electrician's license until such time as that individual can return to such supervisory duties.
[Amended 5-31-2001 by Ord. No. 18-2001]
Exceptions. A license shall not be required by the provisions of this section for persons executing the following classes of work:
Electrical work performed in a single-family residence by the owner-occupant which does not exceed 250 volts.
The work performed by persons employed by manufacturers or purveyors of electrical equipment in servicing their own products.
The connection or disconnection of portable plug-in appliances to permanently installed receptacles or the attachment or disconnection of input terminals of electrical appliances; the replacement of defective devices with directly interchangeable types, i.e., fuses, lamps, switches (when enclosed in boxes or not disturbed), receptacles, sockets, motors, transformers, ballasts, relays, timers, heaters, circuit breakers or fuse holders that are part of a control assembly and similar devices that generally do not disturb the fixed wiring system; 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.
Transmission lines from the source of supply to the service connection on the premises where used.
Public service companies authorized to generate or sell electricity.
Automotive, railway, aeronautical or marine equipment.
Such other highly specialized or restricted activities within which the Board may determine that the need does not exist or require 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 required licensure for such operation.
A license is required by the provisions of this section for persons executing the following classes of work, unless otherwise exempted by the preceding Subsection B:
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 Auburn. The contractor hired to perform electrical work must be duly licensed.
Replacement of fuse holders or circuit breakers for branch and/or feeder circuits.
Replacement of wire or cable that is a part of a fixed wiring system.
Replacement of switches when the enclosing boxes are disturbed.
Work performed on supply circuits up to the attachment for input terminals to electrical appliances.
Any wiring less than 50 volts which is covered by the National Electrical Code.
An application for a license shall be made in the Office of Code Enforcement on forms as prescribed by the Board. The applicant shall specifically state the type of license for which he/she is applying. At the time of application for examination the applicant shall pay the fee established in § 153-11B(1). The Building Inspector 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 § 153-11B(2).
A license shall be granted to an applicant who shall prove to the satisfaction of the Board that he/she is a competent electrician qualified to do electrical contracting, construction, installation work and wiring and that he/she possesses a working knowledge of electricity and the actual 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/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/her designee shall post public notice 30 days prior to the examinations.
Editor's Note: Former § 153-7, Requirements for issuance of temporary license, was repealed 5-31-2001 by Ord. No. 18-2001.
The following experience is required for licensing:
Masters electrician's license: a minimum of 10 years' experience directly related to the electrical industry, of which five years shall have been working directly on the installation and maintenance of electrical systems, and three of those five years shall have been on new construction of commercial and/or industrial installations.
Limited electrician's license: a minimum of five years' experience directly related to the electrical industry, of which a minimum of three years shall have been working directly on the installation and maintenance of electrical systems, and one of those three years shall have been on new residential construction.
Appliance installer: a minimum of three years' experience directly related to the installation of furnaces, air conditioners and other small appliances.
The Board may, at its discretion, adjust the requirements of this section in unusual cases where a person's training and experience shall, in the opinion of the Board, be the substantial equivalent of its requirements.
As soon as is practical, but not exceeding 30 days after the completion of an investigation or examination of an applicant, the Secretary of the Board shall report to the City Manager, in writing, the Board's findings and recommendations in each case. In the case of a successful applicant, the Secretary shall submit to the City Manager the applicant's name, his/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 Electrical Board 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 Auburn to the extent and for the duration of time which may be specified on said license.
The license shall take the form or forms as prescribed by the Board. The license shall specify the name of the person licensed, who shall be known as a 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 issuing date of the license.
The successful applicant shall obtain his/her license from the Board after proof is submitted that the total fees have been paid. An applicant must obtain his/her license within six months from the date upon which he/she is notified of successful completion of the examination. The applicant agrees to notify the Board of any change in name or address within 10 days' time of such change. The holder of a permanent license shall display his/her certificate of license in a conspicuous place and in his/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. All electricians' licenses shall be issued for a maximum period of 12 months, to terminate on December 31 of the year issued.
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 Code Enforcement no later than December 31. The applicant shall specify 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 Office of Code Enforcement 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.
All licenses are renewable for a twelve-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 December 31. Late renewal applications, submitted between January 1 and January 31 of a given year, may also be made without examination upon payment of an additional late renewal fee. (See § 153-11C.) Failure to renew a license by January 31 in the year following the expiration of such license will result in automatic revocation of said 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 January 31 expiration date.
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 in writing 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 §§ 153-5 through 153-9. No portion of previous fees paid is redeemable because of lost time during the suspension or revocation of a license.
The Board shall investigate all renewal applications submitted. It shall call in any applicants for renewal that are deemed fit to examine prior to taking action on their applications for renewal. As soon as practical, but not exceeding 30 days after the decision of the Board, the Secretary of the Board shall report to the City Manager, in writing, the Board's findings and recommendations in each case. He 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 Board Secretary 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 Auburn to the extent and for the duration of time which may be specified on said renewal. The renewal of the license shall take the form or forms prescribed by the Board.
A fee 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.
Fees for new permanent licenses and for temporary licenses. The following fees will be enacted by the Auburn City Council on an annual basis as the City of Auburn Fee Schedule is adopted:
[Amended 2-15-2001 by Ord. No. 5-2001, 11-8-2001 by Ord. No. 26-2001; 6-3-2004 by Ord. No. 11-2004; 12-23-2014 by Ord. No. 14-2014]
Examination fee (due with application).
License fee (due with certification and paid yearly thereafter).
Inactive license renewal.
Editor's Note: The current fee schedule is on file in the City offices.
Suspension and revocation.
Reinstating/renewing a revoked license: the fees required for a new license apply. If renewed with examination, the total fee paid must not be less than if the license had been kept valid by regular renewals.
Applicants must supply proof of commercial general liability insurance, to include product and completed operations coverage, for the following three levels.
[Amended 1-18-2001 by Ord. No. 4-2001]
Applicants must also submit proof of having complied with the state requirements for workers' compensation and disability insurance.
Payments of any fee required by this chapter and any other sum shall be made payable to the order of the City Treasurer and shall be paid at the Code Enforcement Office.
No individual shall falsely represent himself 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, stationary, telephone directories or in any other manner.
No individual shall sell, lend or in any manner transfer or assign his/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/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 a license contrary to the provisions of this chapter.
The City Manager or his/her duly authorized representative is authorized to temporarily suspend a license which has been issued under the provisions of this chapter when the holder of the license has, in the opinion of the City Manager, 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 City Manager 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.
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 for a hearing of such charges at such time and place as the Board shall determine. Upon failure to appear, his/her license shall be suspended until such time as it is restored by the Board.
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, nor shall the City be held as assuming any such liability by reason of any examination authorized herein for any license or certificate issued as herein provided.
A violation of this chapter shall be punishable by a fine not exceeding $150 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by a penalty of not less than $5 or not more than $500 to be recovered by the City of Auburn in a civil action.