Town of North Hempstead, NY Article IV Electrical Standards

[Amended 8-27-1968; 12-3-1968; 2-18-1969; 3-18-1969; 5-20-1969; 8-26-1969; 4-28-1987 by L.L. No. 8-1987; 8-18-1987 by L.L. No. 12-1987; 8-13-1991 by L.L. No. 11-1991; 11-10-1992 by L.L. No. 9-1992; 3-14-1995 by L.L. No. 3-1995; 7-18-1995 by L.L. No. 6-1995; 6-25-2002 by L.L. No. 8-2002]

§ 2-59 Title.

This article shall be known as the "Electrical Code of the Town of North Hempstead," as amended.

§ 2-60 Matters covered.

Matters covered. All matters concerning, affecting or relating to the installation, alteration or removal of electrical wiring and equipment are presumptively provided for in this article except insofar as such provisions are contained in the Town Law, the Labor Law, the Building Code of the Town of North Hempstead or the rules promulgated in accordance with the provisions of this article by the Commissioner of Buildings, as well as the procedure for the issuance of electrical licenses.

§ 2-61 Code remedial.

This code is hereby declared to be remedial and shall be construed liberally to secure the beneficial interests and purposes thereof.

§ 2-62 Work to conform.

No electrical wiring or equipment of any building, structure or premises, so far as provided for in this code, shall be constructed or altered in the Town of North Hempstead, except in conformity with the provisions of this code. No building already erected or hereafter to be built in said Town shall be altered in any manner that would be in violation of any of the provisions of this code, or any rule of the Commissioner of Buildings, made and issued thereunder.

§ 2-63 Supervision required; review by Examining Board of Electricians.

A. All electrical wiring and equipment in the Town of North Hempstead shall be installed, altered or removed by or under the supervision of an employing or master electrician holding a certificate of competency or license issued in accordance with the provisions of this code, except that an electrician or helper employed by the State of New York or any political subdivision thereof, or an electrician or helper employed by any public utility company subject to the jurisdiction of the Public Service Commission or the State of New York may install, remove or alter electric wiring and equipment without a license, provided such installation, removal or alteration is performed in the employment by such public utility company or the State of New York or any political subdivision thereof

B. Nothing contained herein shall preclude the installation of replacement parts or units in existing oil or gas burners, heating systems or air conditioning and refrigeration units, provided the work is done in accordance with the provisions of this section.

C. In those incorporated villages within the Town which have adopted the licensing provisions of this article, any Town-licensed electricians performing work in such a village shall comply with any existing village electrical code, and any violation thereof shall be the subject of review by the Examining Board of Electricians of the Town to determine whether a recommendation shall be made to either suspend or revoke said license.

§ 2-64 Word usage and definitions.

For the purpose of this article, the terms used herein are defined as follows:

A. Word usage. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual or partnership; "writing" includes printing and printed or typewritten matter; "oath" includes affirmation; "signature" or "subscription" includes "mark" when the person cannot write, his name being written near it.

B. Definitions.

CERTIFICATE OF COMPETENCY

The certificate issued by the Examining Board of Electricians pursuant to the provisions hereof.

CLASS A LICENSE

The license issued by the Commissioner of Buildings to a master or employing electrician.

CLASS B LICENSE

The license issued by the Commissioner of Buildings to a commercial or industrial establishment located within the Town and permitting its personnel to engage in the installation, alteration or repair of electrical wiring and equipment within its building, buildings or property limits.

CLASS C LICENSE

The license issued by the Commissioner of Buildings to permit the holder thereof to engage in the installation or alteration of electrical wiring and equipment of a special and limited nature, including but not limited to outdoor advertising signs, oil or gas burner installations, marine systems and gasoline service stations.

ELECTRICAL WIRING AND EQUIPMENT

All equipment utilizing electrical energy to supply light, heat or power in or on buildings, and shall include signal and control systems operating at 50 volts or communications utilities; and, with reference to repair activities, shall not include such small appliances as toasters, broilers or fixtures commonly connected to existing lighting and appliance circuits.

EXAMINING BOARD OF ELECTRICIANS

Any body of citizens who may be appointed by the Town Board for that purpose.

JOURNEYMAN ELECTRICIAN

A person in the employ of or working under the supervision of a master or employing electrician, as defined herein, who does the actual work of installing, setting up or putting together electrical systems, wiring or equipment. It shall not include apprentices or helpers who work in the presence of or under the direct supervision of a journeyman electrician.

MASTER OR EMPLOYING ELECTRICIAN

A person established in the electrical business as an individual, member of a partnership or officer of a corporation, engaged by contract or otherwise, in the work of installing, setting up or putting together any electrical system, wires or equipment and appurtenances of any kind in or on buildings or premises and who has been duly licensed pursuant to the provisions of this code.

VILLAGE

Any incorporated village in the Town of North Hempstead with an Electrical Code permitting the holder of a Town of North Hempstead electrical license to install, alter or remove wiring and equipment in said village.

C. Any term not defined herein but defined in the Code of the Town of North Hempstead shall be construed for the purpose of this code as so defined.

D. The definitions contained in village codes and ordinances shall apply to work being performed by the holder of a town electrical license in said village.

§ 2-65 Examining Board of Electricians.

A. Appointment. Upon the adoption of this ordinance a committee of three citizens shall be appointed an Examining Board of Electricians for the term of three years, two years and one year, respectively, and thereafter their successors shall be appointed annually for the full term of three years. Members of said Board shall be master or journeyman electricians who shall have had not less than 10 years' practical experience in the electrical trade. Each member of such Examining Board of Electricians shall receive such compensation as the Town Board may determine for each day actually and necessarily spent in the work of this Board, not to exceed four in any calendar month.

B. The Board shall elect a Chairman from its membership who shall retain voting rights identical with that of the remainder of the Board.

C. Meetings. The Board shall meet at the call of the Chairman. Notice of a meeting of the Board shall be given by mailing notice of the time and place of meeting, addressed to each member at his last post office address, at least five days before the time of such meeting.

D. The Board shall meet at least once each month and may meet at other times as, in the opinion of the Chairman or a majority of the Board, are necessary for the effective discharge of its business.

E. The Board shall examine all applicants for licenses as to qualifications, shall pass judgment on all licensing matters brought to its attention, shall review all applications for renewal of licenses and may make appropriate recommendation to the Chief Building Inspector or Manager of the Building Department as to the issuance, modification, suspension or revocation of licenses or renewals thereof upon which the Examining Board has passed judgment in the course of its official business. The Board may also make recommendation as it deems necessary or proper to the Town Board concerning proposed additions, changes or other amendments to this article.

F. The Board shall appoint and may at its pleasure remove a secretary.

G. The Board shall keep a written record of all its meetings and proceedings and recommendations to the Town Board. necessary and proper.

H. The Board may make such rules and regulations for the conduct of its business as may be necessary and proper.

§ 2-66 Examination for issuance of license.

A. Application for examination. Persons applying for examination for a license to engage in the electrical business shall, before being examined, file with the Board an application on such form as may be prescribed by the Board, and shall furnish to the Board such information as it may require concerning the applicant's fitness and qualifications to receive a license as aforesaid. All applications must be under oath. Each applicant shall be required to furnish two vouchers, who shall sign under oath on forms prescribed by the Board certifying to the time the applicant has been employed by them as journeyman electrician, or the period of time they have known such applicant as master or employing electrician. Such vouchers at the time of signing applications must be lawfully engaged in the electrical business. All applications shall expire and be canceled after a period of one year from the date of the application if the applicant does not appear for examination or re-examination within that period.

B. Exceptions. Examination will be required for each applicant, with the exception of the following:

(1) Reciprocal license within the county.

(a) Where the applicant, at the time of making the application, maintains a principal place of business within the County of Nassau and has been duly licensed as a master electrician by a municipality within the County of Nassau with whom the Town of North Hempstead has entered into a reciprocity agreement, examination will be waived. Such applicant shall, however, file the required application, together with a certificate of competency, a certified copy of a currently valid master electrician's license, a certificate of insurance as required by § 2-68E and a fee in accordance with the Town of North Hempstead Fee Schedule with the Board. Upon approval of the application, such applicant shall be considered a duly licensed master electrician within the Town of North Hempstead.

[Amended 4-11-2006 by L.L. No. 5-2006]

(b) If the applicant has no principal place of business at the time his application is under consideration, his residence shall be used.

(c) Renewal of a reciprocal electrician's license may be granted and obtained by submitting a copy of the renewal license from the party that issued the original license, together with a certificate of insurance as required by § 2-68E, plus a fee in the amount indicated in the Town of North Hempstead Fee Schedule.

[Amended 4-11-2006 by L.L. No. 5-2006]

(2) Where the applicant is at the time of making the application a duly licensed master or employing electrician in any other municipality in the State of New York, and shall submit a certified copy of such license, and if he shall maintain his principal place of business in such municipality, examination will be waived, provided such municipality has signified in writing its willingness to reciprocate in like manner with the Examining Board of Electricians of the Town of North Hempstead. The fee, however, in such case shall be the same as for those requiring examination by the Examining Board of Electricians.

C. The examination of the Board shall be in two parts; namely, a practical test to determine the applicant's skill, and a written examination. The written examination shall consist of questions designed to determine the applicant's fitness and qualifications to engage in the business of master or employing electrician.

D. All examinations shall be written by the applicant and must be in English.

E. The time of holding the examination shall be left to the discretion of the Board. Ample notice shall be given to applicants.

F. Persons who pass the test as prescribed by the Board shall receive a certificate of competency as evidence of eligibility for the class of license for which such test is prescribed.

G. An applicant who fails to attain a minimum passing mark in the test shall not be eligible for another test until the expiration of 30 days.

H. No application will be received from any person who does not furnish proof of the legal authorization to work in the United States.

[Added 12-16-2021 by L.L. No. 28-2021]

§ 2-67 Qualifications of applicant.

A. No applicant for a Class A license shall be examined unless he/she shall be 21 years of age, of good moral character and able to give satisfactory evidence of experience as to at least one of the following:

(1) An employing electrical contractor who has had an established business for at least seven years in the installation, alteration and repair of electrical wiring or equipment, or whose experience as a journeyman electrician, as set forth in Subsection A(2) below, and as an employing contractor totals at least seven years.

(2) A journeyman electrician who has worked as a journeyman for at least seven years with his tools, on installation, alteration and repair of electrical wiring and equipment.

(3) A graduate engineer of a college or university who holds at least a bachelor of science degree in electrical engineering and has in addition worked at least one year with his tools on installation, alteration and repair of electrical wiring and equipment.

B. No applicant for a Class B license shall be examined unless it is shown by satisfactory evidence that the applicant is a partner, officer, chief electrician or other authorized representative of the firm who is in a position to supervise or perform the projected installation, alteration or repair of electrical wiring and equipment.

C. No applicant for a Class C license shall be examined unless it is shown by satisfactory evidence that such person has had a minimum of three years' experience in the special installations permitted under this class of license.

§ 2-68 Fees; expiration date of license; insurancel suspension and revocation.

[Amended 2-18-1969; 8-26-1969; 10-21-1969; 8-13-1991 by L.L. No. 11-1991; 11-10-1992 by L.L. No. 9-1992; 4-11-2006 by L.L. No. 5-2006]

A. Each applicant for the original issuance of a master electrician's license, except as may be otherwise provided by reciprocity agreement with other municipalities within the County of Nassau, shall pay the fees in the amount indicated in the Town of North Hempstead Fee Schedule.

B. Each applicant for other than a master electrician's license shall pay a fee in the amount indicated in the Town of North Hempstead Fee Schedule before the application can be reported to the Examining Board of Electricians. In case the applicant fails to pass the required examination, no part of this required fee shall be returned to him or her. Where an applicant has paid this required fee for examination and failed, for each subsequent examination he or she shall pay an additional fee in the amount indicated in the Town of North Hempstead Fee Schedule.

C. Applications for renewal of licenses shall be filed during the month of December in the year in which they expire with the Examining Board, together with such verification of the electrical work performed under the authority of the prior license as the Board may require to determine the continuing competency of the licensee. Annual renewal shall also require evidence of satisfaction of a continuing education requirement, if any, as established by Town reciprocity agreements. Renewals shall be for periods of up to three years from January 1. The fee for license renewals shall be paid in the amount indicated in the Town of North Hempstead Fee Schedule per year, payable at the time of filing the application.

D. Any licensed electrician who has not secured a renewal by the first of March following the year in which the license expires shall, at the discretion of the Board, be required to make a new application, be re-examined and pay the sums required in the Town of North Hempstead Fee Schedule.

E. Every master electrician shall file with the Examining Board of Electricians before beginning operations under the license a certificate of insurance as evidence of public liability insurance which shall contain amounts of $100,000/$300,000 bodily injury and not less than $25,000 property damage. Such certificate of insurance shall be issued to the Town of North Hempstead and shall contain a provision that no policy cancellation or material modification to such policy shall be made except on at least 15 days' prior written notice by certified mail to the Town. The required insurance shall be obtained from an insurance company authorized to do business in the State of New York. In the event that the required insurance shall be canceled, not renewed or materially modified with the result that the required insurance is not in effect, the Town may direct the master electrician to suspend work.

F. Duplicates.

(1) In case a license or certificate of competency is lost by the holder thereof, a copy of such lost document marked "Duplicate" may be issued for the sum indicated in the Town of North Hempstead Fee Schedule.

(2) In case the sticker required to be affixed to a vehicle operated by an electrician in the course of business shall be lost by the holder thereof or in case additional stickers shall be required, the Board may issue duplicate or additional vehicle stickers for the fee shown in the Town of North Hempstead Fee Schedule.

G. Revocation and suspension of licenses.

(1) Subject to compliance with the requirements stated in Subsections G(2) and (3) below, the Commissioner of Buildings may revoke (or suspend for a period of up to one year) a certificate of competency or license granted under the provisions of this article for any of the following reasons:

(a) Failure to take the required action called for upon receipt of a violation notice; or

(b) Performance of electrical work in violation of the requirements of this chapter; or

(c) Renting or lending a license to a third party; or

(d) Being convicted of a felony; or

(e) Altering or defacing a certificate of inspection or approval; or

(f) Filing an application to perform electrical work for a person not licensed by the Town of North Hempstead.

(2) Any suspension or revocation pursuant to Subsection G(1) above may only be effected after a hearing by the Examining Board of Electricians on the proposed suspension or revocation. The notice of hearing shall state the date, time and location of the hearing and the reasons [as stated in Subsection G(1) above] forming the basis for the proposed revocation or suspension. The notice of hearing shall be served either personally or by certified mail, return receipt requested, to the licensee's last known address at least 10 days prior to the hearing. The licensee shall have an opportunity to appear and be heard in relation to the proposed revocation or suspension, and may be represented by counsel. Minutes of the hearing shall be transcribed by a court reporter. The Commissioner of Buildings shall attend the hearing. The hearing shall be considered a "quasi-judicial proceeding" for purposes of Article 7 of the New York Public Officers Law.

(3) Within 10 days of the hearing, the Examining Board of Electricians shall present the Commissioner of Buildings with its recommendations as to whether to suspend or revoke the certificate of competency or license. Upon receipt of the recommendations, the Commissioner of Buildings may either accept or reject the Examining Board of Electricians' recommendations and revoke or suspend the certificate of competency or license. The revocation or suspension shall be effectuated by notice to the licensee by personal service or by certified mail, return receipt requested.

§ 2-69 Restrictions.

A. No person shall lend, rent, transfer or assign his license to any other person; nor shall any person make use of a license which is not his own.

B. All licensees shall strictly comply with the provisions of the current issue of the National Electrical Code as published by the National Fire Protection Association.

C. No person not having been issued a Class A license as defined herein shall represent himself as a master electrician or licensed electrical contractor on signs, stationery, vehicles, in advertising or in any other manner for the purpose of pursuing such business in the Town.

D. A Class B license as defined herein shall be valid only as it pertains to work performed within the property limits of the firm to which it is issued.

E. No person holding a license issued under the provisions of this ordinance shall permit or authorize the use of such license by more than one firm, partnership, company or corporation, and the holder thereof must be an employee, partner, member or stockholder of such firm, partnership, company or corporation performing the electrical work under the authority of such license.

§ 2-70 Final inspections; standards.

A. Final inspections. No electrical wiring and equipment, apparatus or fixtures shall be placed in use until an application has been filed and a final certificate of compliance has been obtained from an inspection agency certified and approved by the Examining Board of Electricians pursuant to this article. The costs of inspection shall be borne by the property owner or electrician requesting the same, and not by the Town of North Hempstead.

B. Standards. Electrical wiring, equipment, apparatus, fixtures and appliances installed, altered or removed pursuant to this article shall be in strict conformity with the provisions thereof, the National Electrical Code and the statutes of the State of New York, as well as approved methods of construction for safety to life and property.

§ 2-70.1 Inspection agencies.

A. The Examining Board of Electricians is hereby authorized to certify and approve inspection agencies to perform required inspections, including final inspections of electrical wiring, equipment, apparatus or appliances in the Town of North Hempstead pursuant to the provisions of this article. The Examining Board of Electricians shall promulgate standards for approval of inspection agencies so as to ensure that such agencies are properly qualified to perform electrical inspections.

B. Any entity seeking to serve as an inspection agency in the Town of North Hempstead shall make application to the Examining Board of Elections on forms supplied by the Board. Said application shall contain all information deemed relevant by the Examining Board with respect to the qualifications of the applicant and of the personnel proposed to be utilized by the applicant to perform inspections.

C. Any person employed in a capacity as an electrical inspector must be listed and certified as such by a certified and approved inspection agency in the Town.

D. Approvals of an inspection agency by the Examining Board of Electricians shall be valid for one year.

E. No person, while acting in his or her capacity as a certified electrical inspector, shall display a Town of North Hempstead master electrician's license.

F. Fees. Each applicant seeking certification as an inspection agency shall pay the fees in the amount indicated in the Town of North Hempstead Fee Schedule.

[Amended 4-11-2006 by L.L. No. 5-2006]

G. Any inspection agency certified and approved to perform electrical inspections in the Town of North Hempstead must carry public liability insurance.

(1) Such insurance shall:

(a) Name the Town of North Hempstead as an additional insured.

(b) Have not less than $5,000,000 for all damages arising out of bodily injury to one person.

(c) Have not less than $10,000,000 for damage arising out of bodily injury in any one accident.

(d) Have not less than $10,000,000 for property damage.

(e) Remain in full force and effect throughout the period such inspection agency performs electrical inspections in the Town of North Hempstead. Said insurance shall provide that no cancellation or material modification of such policy shall be made unless at least 15 days' prior written notice thereof is given by registered or certified mail to the Commissioner of Buildings of the Town of North Hempstead and the Examining Board of Electricians.

(2) A valid and current certificate of insurance shall be filed with the Examining Board of Electricians and the Department of Buildings.

H. No certified and approved inspection agency shall perform any electrical inspection of any installation or premises with which such electrical inspection agency or personnel employed by such inspection agency have any direct or indirect affiliation or involvement.

I. Each certified or approved inspection agency shall maintain on file at all times with the Commissioner of Buildings and the Examining Board of Electricians a current schedule of charges for inspections.

J. Any inspection agency must provide written notification to the Commissioner of Buildings of any code violations observed or found during the course of an inspection.

§ 2-71 Penalties for offenses.

[Amended 5-15-2003 by L.L. No. 5-2003]

A. Except as provided in Subsection B below, any person who shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of up to $1,000 or by imprisonment for not more than 15 days, or by both imprisonment and fine.

B. Any person who shall violate § 2-16 of this chapter or any rule or regulation made pursuant thereto shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punishable by a fine of up to $1,000, or by imprisonment of up to one year, or by both fine and imprisonment as hereinbefore set forth in this Subsection B. Each week's continued violation shall constitute a separate and distinct violation of said section or any rule or regulation made pursuant thereto.

§ 2-72 Suspension or revocation of license.

[Amended 9-6-2018 by L.L. No. 7-2018]

The Commissioner of Buildings may revoke or suspend a certificate of competency or license pursuant to § 2-68G of this article.

§ 2-73 Construction of provisions.

This article 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 Town of North Hempstead be deemed to have assumed any such liability by reason of any license issued pursuant to this article.

§ 2-74 Severability.

If any part of this ordinance or application thereof shall be deemed invalid by any court of competent jurisdiction, said judgment shall be confined to the part or application directly involved and shall not affect the validity of the remainder of this ordinance.

§ 2-74.1 Number of meters; exemptions.

A. No dwelling which may be lawfully occupied by only one family in accordance with Chapter 70 of the Town Code shall have more than one electric or gas meter located therein or elsewhere on the property so as to service such dwelling. The occupancy of any dwelling shall presumptively be limited to one family unless a certificate of occupancy or certificate of existing use permits occupancy by more than one family. A dwelling for which a conditional use permit has been granted for use as a mother-daughter residence shall be treated as a one-family dwelling.

B. No dwelling which may be lawfully used as a two-family dwelling in accordance with Chapter 70 of the Town Code shall have more than two electric or gas meters located therein or elsewhere on the property so as to service such dwelling.

C. Any person that configures or reconfigures the electric wiring or gas piping to facilitate the installation of a second or third meter at any dwelling and any public utility that installs a second or third meter shall provide written notification to the Commissioner of Buildings of the Town of such configuration, reconfiguration or installation within 15 days of the performance of such work, including in such notification information as to the type of meter, the name of the applicant for the meter and the address of the dwelling at which the work has been performed.

D. The owner of any dwelling at which an electric or gas meter is installed subsequent to the effective date of this section in violation of either Subsection A or B of this section shall be liable for the penalties for violations of this chapter for each week that the nonconforming meter remains in use after the Department of Buildings has sent to the owner a notice of violation of this section. The owner of any dwelling which has a nonconforming electric or gas meter as of the effective date of this section shall, as of February 1, 1996, be liable for the penalties for violations of this chapter for each week that the nonconforming meter remains in use after the Department of Buildings has sent to the owner a notice of violation of this section.

E. Any person subject to this section may seek exemption for good cause from the requirements of this section by making application to the Commissioner of Buildings. If the Commissioner shall find that compliance with this section would cause undue hardship or undue expense even with the dwelling in question being occupied in accordance with the requirements of Chapter 70 of the Town Code, he may grant an exemption. A person may seek review of a denial of an exemption by the Building Commissioner by application to the Town Board, on a form to be supplied by the Commissioner.

§ 2-74.2 General regulations.

A. All electrical work shall comply with the requirements set forth in ARTICLE 11, Electrical Requirements of the New York State, and the National Electric Code (NFPA 70).

B. All commercial building power and lighting shall be wired with armored cable (Type AC), copper 14 American Wire Gage (AWG) minimum.

C. Aluminum wire smaller than #2 AWG shall be prohibited from use.

D. All boiler electrical requirements (120V to ground and higher) shall be wired in electrical metallic tubing, or metal conduit, or armored cable (90º C. insulation rating, minimum).

E. All swimming pool, spa, hot tub, fountain-related electrical wiring and repairs shall be performed by an electrician licensed pursuant to the provisions of this code.

F. All electrical wiring (120V and higher) for heating, ventilating and air conditioning systems and equipment shall be performed by an electrician licensed pursuant to the provisions of this code.

G. All electrical wiring for the main electrical service shall be performed by an electrician licensed pursuant to the provisions of this code.

H. All vehicles used in the conjunction with the work performed by a licensed electrician shall display a current sticker issued by the Town.

I. Verification of acceptance of rough wiring by an inspection agency certified and approved to perform electrical inspections in the Town of North Hempstead shall be in evidence prior to the closure of any wall, floor, or ceiling surfaces for new or renovated existing construction.