[HISTORY: Adopted by the City Council of the City of Lackawanna 12-7-1987
as Ch. 20 of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 75.
This chapter shall be known and may be cited as the "Electricians Ordinance
of the City of Lackawanna, New York."
As used in this chapter, the following terms shall have the meanings
indicated:
The Examining Board of Electricians of the City of Lackawanna, New
York.
Any person, copartnership, association or corporation engaged in,
or holding himself/herself out as engaged in, the business of electrical contracting
or construction, installing, erecting, altering and repairing, or contracting
to install, erect, alter or repair, any electric wires or other conductors
used, or to be used, for the transmission of electrical current of any voltage
for electric light, heat, alarm or power purposes, electric lighting fixtures,
moldings, ducts, raceways, conduits or other appliances or devices for the
reception or protection of such wires or conductors, or, any electrical machine,
machinery, apparatus, device, medium or factor used or to be used for electric
light, heat or power purposes excepting persons, copartnerships, associations
and corporations regularly employing electricians for the maintenance, repair,
alteration and extension of the electric wires, conductors, electrical machinery,
apparatus, or appliances in their own property, and also excepting electric
corporations as defined in the Transportation Corporations Law of this state
and their employees engaged in performing such work in the conduct of the
business of such corporations.
[Amended 3-18-1991]
Includes a copartnership, an association or a corporation.
No person shall engage in or conduct the business of a master electrician
in the City of Lackawanna until such person shall have applied for and obtained
a license to engage in such business as herein provided.
A.
Appointment. The Mayor shall appoint an Examining Board
of Electricians to consist of five members to examine and determine the qualifications
and fitness of applicants for licenses as master electricians and for such
other purposes as provided in this chapter. Such Board shall be comprised
of four master electricians with at least five years of practical experience
and in addition thereto a representative of an electrical inspection agency
authorized to make electrical inspections in the City of Lackawanna. For purposes
of this chapter, an individual that maintains a valid New York State certification
as a fire safety officer or instructor or similar New York State designation
shall also be eligible to be a member of the Board.
[Amended 3-18-1991]
B.
Qualifications. All members of such Board shall, prior
to appointment, be at least 21 years of age and either (1) a resident of the
City of Lackawanna, or (2) have maintained a place of business as a licensed
master electrician within the City of Lackawanna for a period of seven years.
[Amended 3-18-1991]
C.
Term of office. The term of office of each member shall
be five years and shall expire on December 31 of each year. In case of vacancy,
the Mayor shall appoint a member for the balance of the unexpired term.
D.
Executive Director. The Director of Development, with
the cooperation and assistance of the Chief Engineer and City Attorney, or
their designee(s), shall act as the Executive Director of the Board, and shall
perform such duties and functions as hereinafter provided in this chapter,
or in the rules and regulations duly promulgated by said Board.
A.
The Board shall elect one of its members as Chairman
and one as Secretary at the first meeting of each year.
B.
Meetings. The Board shall meet as needed within the City
of Lackawanna, but in no event less than four times per year, at a time and
place fixed by it and at such other times as it may deem necessary for the
consideration of applications for licenses and for the transaction of such
other business as may properly come before it. Special meetings shall be called
as provided in the rules and regulations of the Board.
[Amended 3-18-1991]
The Board shall adopt an order of procedure, rules and regulations not
inconsistent with this chapter for the receiving of applications for licenses,
the investigation and examination of applicants, the conduct of the meetings
and business of the Board, prescribing the duties of its Chairman and Secretary
and other matters incidental to the powers and duties of the Board as herein
set forth, and shall have power to change and amend such order of procedure
rules and regulations by a majority vote of the whole Board, at any time at
any regular or special meeting after giving all the members 30 days' written
notice of the proposed change or amendment. The Board shall file a copy of
its order of procedure, rules and regulations, and of any changes or amendments
thereof, certified by the Secretary, with the City Clerk, forthwith upon the
adoption of same, which at all reasonable times shall be open to public inspection.
The Board shall investigate and determine as to the qualifications and
fitness of each applicant for a license hereunder; all charges preferred against
any person holding a license granted hereunder; and as to the fitness to continue
to hold a license granted hereunder of any person against whom such charges
shall have been preferred. Within five days after the completion of any such
investigation or examination the Board shall report to the Director of Development
and Chief Engineer, in writing, signed by the Chairman and Secretary, its
findings and recommendations in each case.
Applicants for licenses and 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 respecting the application for licenses
and the preferring and hearing of such charges and shall present themselves
for investigation and examination or for hearing or trial of such charges
at such time and place as the Board shall fix.
No license shall be granted to any person unless he or she shall prove
to the satisfaction of the Board that he or she has an established place for
regular transaction of business; is a competent electrician and qualified
to do electrical contracting, construction and installation work and electrical
wiring; has a working knowledge of electricity and the natural laws and functions
of electricity and of appliances, apparatus and devices for electric light
heat and power purposes used and required in such work; combined with a practical
working knowledge of the electrical requirements of the New York State Uniform
Fire Prevention and Building Code and the generally accepted standards thereunder,
in particular the National Electrical Code. No such license shall be granted
to any person who is less than 21 years of age.
Upon determining the qualifications and fitness of any applicant to
receive such license, the Board shall recommend, in writing, to the Director
of Development that upon payment of the fees and filing of the bond, as herein
provided, a license be issued to such applicant to engage in such business.
Such license shall be valid and operative until and including the 31st day
of December next ensuing.
Upon the written recommendation of the Board filed with the Director
of Development, he or she shall issue forthwith to such applicant a license
countersigned by the City Clerk hereunder authorizing the holder thereof to
engage in the business of master electrician within the City of Lackawanna
and shall register his or her name, alphabetically, business address, number
and date of license in a book to be kept in the office of the City Clerk for
that purpose.
[Amended 3-18-1991; 2-21-1995]
A.
Application fee. Upon making application for a license on a form to be provided by the Board, the applicant shall deposit with the Director of Development a nonrefundable sum as specified in § 107-17, and the Director of Development shall provide the applicant with a receipt of said sum, and shall further provide the Board with a copy of said receipt showing that said sum has been so deposited. If said license is granted, said sum shall be retained by the City and applied against the initial license fee to be paid by the applicant.
B.
Renewal of licenses. Any person having secured such license as herein provided, unless such license shall have been revoked or suspended upon recommendation of the Board, shall be granted a renewal of such license without further investigation or examination, provided application for such renewal is made to the Board within 30 days preceding its expiration and by such holder within such 30 days paying the renewal fee and filing or refiling of said bond, as the case may be, as hereafter prescribed. Such renewal shall be for the period of one year from January 1 next ensuing, and repeated renewals for one year shall be granted in like manner and upon like application and conditions. The annual renewal fee for all licenses shall be the sum so specified in § 107-17. Those members of the Board that currently possess a valid license shall be exempt from the payment of the annual license fee during their active term of office, provided said license has not been revoked or suspended. Should a member of the Board resign or otherwise vacate his or her position during said term of office, he or she shall be responsible to pay the annual license fee for the then-current year.
A.
No individual, partnership or corporation shall lend, rent or in any manner transfer or assign his or its license, name and/or license number to any other individual, partnership or corporation; nor shall any individual partnership or corporation make use of a license, name or license number which is not actually his or its own. Every such license may, after due notice to the holder thereof and opportunity to be heard, be suspended or revoked in accordance with § 107-20 of this chapter for failure or refusal of the licensee to comply with the City local laws or ordinances regulating same, rules and regulations promulgated by the Board, the New York State Fire Prevention and Building Code and the National Electrical Code requirements, or for such other cause or causes deemed sufficient by the Board.[1]
B.
No individual, partnership or corporation shall falsely
represent himself or herself as a master or employing electrician by the use
of the words "master electrician" or "electrical contractor" or words of a
similar import or meaning on signs, cards, stationery or in any manner whatsoever.
[Amended 3-18-1991]
Before any such license or renewal shall be issued, the applicant for
such license or renewal, in addition to paying the fees herein provided, shall
execute and deliver to the City Clerk a permit and/or license bond of himself
or herself, as principal, and a good and sufficient bonding corporation duly
authorized to do business in the State of New York, as surety, running to
the City of Lackawanna as obligee, in the penalty of $5,000, conditioned for
the faithful observance by the principal of all the terms and conditions of
all laws of the State of New York; and all local laws and ordinances of the
City of Lackawanna regulating or in any manner relating to electrical contracting,
construction, installation and wiring; and to the repair or alteration of
any electrical wiring, electrical lighting fixtures, appliances or devices
for the furnishing of light, heat or power in any dwelling, building or other
structure in the City of Lackawanna and all rules and regulations of the Examining
Board of Electricians then existing or which may thereafter be adopted and
to carry on such business and do and perform all the electrical contracts
and electrical work under taken by said principal in a careful, good and workmanlike
manner. Such bond shall contain the further condition that any person suffering
damage or injury by reason of the failure of the principal obligor to comply
with the terms and conditions of said bond and of the laws, ordinances, rules
and regulations therein mentioned, may maintain an action on said bond to
recover for the damage or injury so sustained as if such persons, firm or
corporation were specifically named as obligee in said bond. Such bond, before
presentation to the City Clerk, shall be approved by the City Attorney both
as to form and as to the sufficiency of the surety and such approval endorsed
thereon.
No electrical work shall be installed, changed, modified or added to within the City of Lackawanna unless a permit therefor shall have been first obtained from the Director of Development; provided, however, that persons, copartnerships and corporations especially exempt by the provisions of § 107-2 of this chapter shall not be required to procure a permit to perform work in their own plants.
The Director of Development shall issue all permits countersigned by
the City Clerk for any and all electrical work within the City of Lackawanna
upon payment of the required fee as herewithin established. Such permits to
perform electrical work shall not be issued except to licensed master electricians.
A.
Residential. The fees set forth in this subsection apply
to residential dwellings and when application is made by one master electrician
on one permit request.
[Amended 4-19-1993; 2-25-1995[1]]
B.
Commercial and industrial.
[Amended 4-19-1993; 2-25-1995]
Members of the Board are hereby empowered to inspect all structures
within the City of Lackawanna in which electrical work is being or has been
installed, to determine whether the electrical contractor shall have complied
with the laws of the State of New York, the local laws and ordinances of the
City of Lackawanna and such rules and regulations as the Board may enact,
but in no event shall said inspection in any manner interfere with or prevent
the inspection thereof by and of the duly appointed inspectors of any electrical
inspection agency approved by resolution of the Council.
No person shall connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to issuance of a temporary certificate, or a certificate of compliance, by an approved electrical inspection agency as provided in Chapter 75, Building Construction, Article V, of this Municipal Code.
The provisions of Article I of Chapter 87 of this Municipal Code shall be applicable in regard to the revocation or suspension of a license issued under this chapter. The Board, for the purposes of this section, shall be deemed to be the issuing officer acting by majority vote of its entire membership.
