[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 4-3-1995
by L.L. No. 1-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 66.
Since there is danger to life and property inherent in the use of electrical
energy, this chapter is enacted to regulate the installation, alteration or
repair of wiring for electric light, heat or power and signal systems, in
or on all property within the Village of Canastota.
A.
CODE ENFORCEMENT OFFICER
ELECTRICAL INSPECTOR
As used in this chapter, the following terms shall have
the meanings indicated:
The Village of Canastota official charged with the enforcement of
the New York State Uniform Fire Prevention and Building Code.
A person, firm or organization authorized according to the provisions
of this chapter to perform electrical inspections in the Village of Canastota.
All electrical installations, alterations or repairs of wiring for electric
light, heat or power and signal systems hereafter made in or on real property
in the Village of Canastota shall be made in conformity with the requirements
of the National Electrical Code as cited in the New York State Uniform Fire
Prevention and Building Code except where the provisions of this chapter or
any other law, ordinance or building code of the Village of Canastota shall
differently prescribe, in which event compliance with the provisions of such
law, ordinance or building code shall be recognized as proper compliance with
this chapter.
A.
It shall be a violation of this chapter for any person,
firm or corporation to install, cause to be installed or to alter or repair
electrical wiring for light, heat or power in or on properties in the Village
of Canastota until a written application for the inspection has been filed
with the electrical inspector. The electrical inspector shall forward to the
Code Enforcement Officer a copy of all such applications received by him.
B.
It shall be a violation of this chapter for any person,
firm or corporation to connect or cause to be connected electrical wiring
in or on properties in the Village of Canastota for light, heat or power to
any source of electrical energy supply prior to issuance of a temporary certificate
of compliance by the electrical inspector.
A.
The Village Board authorizes electrical inspectors to make inspections of all electrical installations hereinabove and hereinafter referred to, and the Village Board shall approve or disapprove such electrical inspectors pursuant to the standards set forth in § 87-6.
B.
The Code Enforcement Officer is authorized to cause approved
electrical inspectors to make inspections and reinspections of electrical
wiring installations, materials and equipment in and on properties within
the Village of Canastota for the protection of life and property.
A.
The electrical inspector shall be authorized by the State
of New York to conduct business within the boundaries of the State of New
York.
B.
The electrical inspector shall maintain insurance policies
in full force and effect while performing inspections and submitting certificates
of inspection and compliance. Said policies shall include statutory worker's
compensation for his employees and workmen and general liability insurance
for property damage and personal injury of at least $5,000,000. All policies
must name the Village of Canastota as an additional insured, and a certificate
of insurance showing coverage in the required amounts shall be submitted to
the Village of Canastota.
C.
The electrical inspector shall furnish to the Village
of Canastota proof of financial responsibility and organizational continuity,
and the approval of such proof shall lie solely within the discretion of the
Village of Canastota.
D.
The electrical inspector shall not solicit of any person,
firm or corporation or require as a condition of inspection any waiver of
responsibility of an error, omission or recommendation made by its inspectors.
E.
The electrical inspector shall require all wiring to meet standards of the National Electrical Code in accordance with § 87-4 of this chapter.
F.
The electrical inspector shall maintain an office or
place of business staffed to receive telephone calls during normal business
days during normal business hours. All inspectors shall have adequate experience
and education relating to the principles of electricity, construction practices
of the electrical trade and code interpretation. Proof of such qualifications
shall be submitted to the Village Board in the form of a resume. The final
determination that the electrical inspector meets the qualifications shall
be at the sole discretion of the Village Board.
G.
The electrical inspector shall maintain a system to receive
applications, to conduct inspections and to issue inspection reports in accordance
with the Village of Canastota building inspection procedures.
H.
The electrical inspector shall provide to the Code Enforcement Officer and the owners and/or lessees written reports of noncompliance of electrical installations and/or certificates of compliance in a timely manner when electrical installations and equipment are in conformity, as outlined in § 87-4 above.
I.
The electrical inspector shall not accept, without the
approval of the Code Enforcement Officer, an application nor conduct an inspection
at any given location for which the applicant has been informed by another
inspector of existing violations. The electrical inspector shall make such
inquiry on his standard application form.
J.
When an electrical inspector finds a violation or refuses
to approve work performed, no person, firm or corporation shall request, without
the approval of the Code Enforcement Officer, inspections or approvals of
electrical work from an inspector other than the inspector who found the violation.
K.
The electrical inspector and each individual inspector
shall not and will not engage in or have any interest, direct or indirect,
with any wholesaler or retailer of electrical equipment that transacts any
business in the Counties of Oneida, Madison and Onondaga in the State of New
York and that the individual inspector will not engage in work as an electrician
anywhere in said counties.
L.
These standards shall not be construed to relieve from
or lessen the responsibility of any inspector, agency or person owning, operating,
controlling or installing any electrical wiring devices or equipment for loss
of life or damage to person and/or property caused by any defect therein,
nor shall the Village of Canastota or its inspectors be deemed to have assumed
any such liability by reason of any inspection made pursuant to this chapter.
If at any time any person, including an official or employee of the
Village of Canastota, deems that an electrical inspector is incompetent, unqualified,
or has violated this chapter, such person shall file a written complaint with
the Village Clerk and the Code Enforcement Officer. The Village Board shall
conduct or designate a hearing officer to conduct a hearing after service
of a notice of hearing date. Service of such notice shall be made 10 days
prior to the hearing date and may be made in person or by certified mail to
the inspector's place of business. The complainant and responding inspector
may be in attendance to present testimony and witnesses on their behalf. If
a hearing officer has been designated, he shall thereafter forward his recommendations
and the basis therefore to the Village Board. The Village Board shall, by
majority vote, determine whether to revoke, suspend, reinstate or take no
action on the complaint. Such determination shall be made in writing and be
filed with the Village Clerk. If any member of the Village Board shall be
the complainant, such member shall not be entitled to vote. When the Code
Enforcement Officer determines that there is sufficient danger to the public
or to the health, safety and welfare of any resident of the Village of Canastota,
he may suspend any authorization or approval of an electrical inspector granted
under this chapter for a period of 30 days pending a hearing as herein provided.
A.
It shall be the duty of the electrical inspector to report
in writing to the Code Enforcement Officer all violations of or deviations
from or omissions of the electrical provisions of the National Electrical
Code and of all laws, ordinances and building codes as referred to in this
chapter insofar as any of the same apply to electrical wiring. The electrical
inspector shall make inspections and reinspections of electrical installations
in and on properties in the Village of Canastota upon written request of the
Code Enforcement Officer. In the event of an emergency, it is the duty of
the inspector to make electrical inspections upon the oral request of the
Code Enforcement Officer. The Code Enforcement Officer shall provide a written
request for the emergency electrical inspection within three days of the oral
request. It shall be the duty of the inspector to furnish written reports
to the Code Enforcement Officer and to the owners and/or lessees of property
where defective electrical installations and equipment are found upon inspection.
He shall authorize the issuing of a certificate of compliance when application
for inspection, electrical installations and equipment are in conformity with
this chapter. He shall direct that a copy of the certificate of compliance
be sent to the Code Enforcement Officer.
B.
When an inspection or reinspection shows a defective
electrical installation or a defective electrical device, material or equipment,
the electrical inspector performing the inspection shall submit a written
disapproval report thereof to the Code Enforcement Officer and shall cause
a copy of such report to be sent to the owners and/or lessees of the property
inspected.
The chief inspector and each of the duly appointed inspectors of the New York Board of Fire Underwriters and/or the duly appointed inspectors of the Independent Consolidated Inspection Agency, Inc., Middle Department and Atlantic Inland are hereby authorized to perform electrical inspections, connect or cause to be connected electrical wiring conforming to § 87-4 above to a source of electrical energy and issue nonconforming reports and certificates of electrical compliance with a written statement to the municipality stating that the certificate shows that the electrical wiring is reasonably free of violations of the National Electrical Code and the New York State Building Code.
A.
Any person, firm or corporation violating or failing to comply with § 87-5 of this chapter shall, upon conviction thereof, be punishable as provided in § 382 of the Executive Law. Any person, firm or corporation violating any other provisions of this chapter shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $500. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. A period of not more than 20 days shall be permitted for correction of any violation of this chapter.
B.
The application of the above penalty or the prosecution
of a violation of the provisions of this chapter shall not be held to prevent
the enforcement of this chapter by other action. Such action or proceeding
in the name of the Village of Canastota may be commenced in any court of competent
jurisdiction to compel compliance with or restrain by injunction the violation
of any provision of this chapter.
The provisions of this chapter shall not apply to the electrical installations
in mines, ships, railway cars or automotive equipment or the installations
on equipment employed by a railroad, electrical or communication utility in
the exercise of its function for that purpose. This chapter shall not apply
to any work involved in the manufacture, assembly, test or repair of electrical
machinery, apparatus, materials and equipment by a person, firm or corporation
engaged in electrical manufacturing as his or its principal business. It shall
not apply to any building which is owned or leased in its entirety by the
governments of the United States or the State of New York.
This chapter shall not be construed to hold the Village of Canastota
responsible for any damage to person or property by reason of the inspection
or reinspection authorized herein or failure to inspect or reinspect required
under this chapter, nor shall the Village of Canastota be liable for any damage
to person or property by reason of the Code Enforcement Officer exercising
his discretion as provided for in this chapter.
