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.
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.
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.
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.
[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.
[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.
[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.