[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]
This article shall be known as the "Electrical
Code of the Town of North Hempstead," as amended.
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.
This code is hereby declared to be remedial
and shall be construed liberally to secure the beneficial interests
and purposes thereof.
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.
A.Â
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.Â
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.Â
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.
For the purpose of this article, the terms used
herein are defined as follows:
A.Â
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.Â
CERTIFICATE OF COMPETENCY
CLASS A LICENSE
CLASS B LICENSE
CLASS C LICENSE
ELECTRICAL WIRING AND EQUIPMENT
EXAMINING BOARD OF ELECTRICIANS
JOURNEYMAN ELECTRICIAN
MASTER OR EMPLOYING ELECTRICIAN
VILLAGE
Definitions.
The certificate issued by the Examining Board of Electricians
pursuant to the provisions hereof.
The license issued by the Commissioner of Buildings to a
master or employing electrician.
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.
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.
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.
Any body of citizens who may be appointed by the Town Board
for that purpose.
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.
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.
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.Â
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.Â
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.
A.Â
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.Â
The Board shall elect a Chairman from its membership
who shall retain voting rights identical with that of the remainder
of the Board.
C.Â
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.Â
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.Â
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.Â
The Board shall appoint and may at its pleasure remove
a secretary.
G.Â
The Board shall keep a written record of all its meetings
and proceedings and recommendations to the Town Board. necessary and
proper.
H.Â
The Board may make such rules and regulations for
the conduct of its business as may be necessary and proper.
A.Â
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.Â
Exceptions. Examination will be required for each
applicant, with the exception of the following:
(1)Â
Reciprocal license within the county.
(a)Â
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)Â
If the applicant has no principal place of business
at the time his application is under consideration, his residence
shall be used.
(c)Â
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)Â
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.Â
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.Â
All examinations shall be written by the applicant
and must be in English.
E.Â
The time of holding the examination shall be left
to the discretion of the Board. Ample notice shall be given to applicants.
F.Â
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.Â
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.Â
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]
A.Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.
[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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Duplicates.
(1)Â
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)Â
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.Â
Revocation and suspension of licenses.
(1)Â
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)Â
Failure to take the required action called for upon receipt
of a violation notice; or
(b)Â
Performance of electrical work in violation of the requirements
of this chapter; or
(c)Â
Renting or lending a license to a third party; or
(d)Â
Being convicted of a felony; or
(e)Â
Altering or defacing a certificate of inspection or approval;
or
(f)Â
Filing an application to perform electrical work for a person
not licensed by the Town of North Hempstead.
(2)Â
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)Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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.
A.Â
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.Â
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.Â
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.Â
Approvals of an inspection agency by the Examining
Board of Electricians shall be valid for one year.
E.Â
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.Â
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.Â
Any inspection agency certified and approved to perform
electrical inspections in the Town of North Hempstead must carry public
liability insurance.
(1)Â
Such insurance shall:
(a)Â
Name the Town of North Hempstead as an additional
insured.
(b)Â
Have not less than $5,000,000 for all damages
arising out of bodily injury to one person.
(c)Â
Have not less than $10,000,000 for damage arising
out of bodily injury in any one accident.
(d)Â
Have not less than $10,000,000 for property
damage.
(e)Â
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)Â
A valid and current certificate of insurance shall
be filed with the Examining Board of Electricians and the Department
of Buildings.
H.Â
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.Â
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.Â
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.
[Amended 5-15-2003 by L.L. No. 5-2003]
A.Â
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.Â
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.
[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.
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.
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
All commercial building power and lighting shall be
wired with armored cable (Type AC), copper 14 American Wire Gage (AWG)
minimum.
C.Â
Aluminum wire smaller than #2 AWG shall be prohibited
from use.
D.Â
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.Â
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.Â
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.Â
All electrical wiring for the main electrical service
shall be performed by an electrician licensed pursuant to the provisions
of this code.
H.Â
All vehicles used in the conjunction with the work
performed by a licensed electrician shall display a current sticker
issued by the Town.
I.Â
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.