[HISTORY: Adopted by the Common Council of the City of Lockport 9-30-1964. Section 89-20 amended during codification; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 66.
Contractors' fees — See Ch. 79.
Fire prevention — See Ch. 98.
Property maintenance — See Ch. 136.
Plumbing rules and regulations — See Ch. A192.
The purpose of this chapter is to provide basic and uniform standards and to establish reasonable safeguards for the safety, health and welfare of owners and occupants and for the fixing of certain responsibilities and duties upon owners, operators, agents and occupants of real property, and to authorize and establish procedures for inspection and enforcement of these regulations in and on all real property within the City of Lockport, and to protect life and property, and to regulate the installation, alteration, repair or replacement of wiring for electric light, heat or power and signal systems operating on 50 volts or more in or on all real property within the City of Lockport.
A. 
All electrical installations, alterations, repairs and replacements shall be made in conformity with the State Building Code, adopted by the City of Lockport on the 22nd day of September 1952, and amendments thereto, under authority granted in Article 18 of the Executive Law of the State of New York.[1]
[1]
Editor's Note: See Ch. 66, Building Construction Administration.
B. 
All electrical installations, alterations, repairs and replacements shall also be made in conformity with the National Electrical Code of 1971, as amended from time to time, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the City of Lockport, New York.
[Added 10-18-1972]
A. 
Except as hereinafter provided in § 89-4, no electrical installation, alterations, repair or replacement shall be made by any person without first having made application for a permit for electrical work and a written permit issued describing the work to be done and designating the name of the owner of the premises where the work is to be done and who shall be responsible for adherence to this chapter, together with the name of the person doing the work. If such work shall be done during an emergency or when the office issuing such permit is closed, then such application shall be made on the next regular business day.
B. 
There shall be no fee for filing of an application for electrical permit, nor for the issuance of such permit.
C. 
The filing of an application for permit and the issuance of the permit by the Building Inspector shall not be construed in any manner to relieve the electrical installer from the obligation of also filing an application for inspection with any state-approved electrical inspection agency accepted by the utility companies and securing of its certificate of approval.
[Amended 3-7-1979]
A. 
The provisions of this chapter shall not apply to the electrical installations or equipment installed by a railway, electrical or communications utility in the exercise of its functions as a utility and located outdoors or in buildings used exclusively 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 firm, person or corporation engaged in electrical manufacturing as its principal business. It shall not apply to any building which is owned or leased in its entirety by the government of the United States or the State of New York.
B. 
This chapter shall not apply to any person located in the City of Lockport, New York, engaged in the operation of a factory as defined in the Labor Law of the State of New York and amendments thereto.
Owners of premises shall be responsible for compliance with this chapter and shall remain responsible therefor regardless of the fact that this chapter may also place certain responsibilities on lessees, tenants, operators and occupants and regardless of any agreement between owners and lessees, tenants, operators or occupants as to which party shall assume such responsibility. Owners of premises shall be responsible for proper maintenance, condition and operation of electrical installations.
It shall be the duty of the Building Inspector to enforce all the provisions of this chapter. In addition to the Building Inspector, the Electrical Inspector is hereby authorized as agent of the City to make or cause to be made inspections and reinspections of all electrical installations heretofore and hereafter described and to approve or disapprove the same in or on all real property within the City of Lockport. The Building Inspector and the Electrical Inspector are hereby authorized to make surveys in or on all real property within the City to determine the general condition of the electrical installations therein. They shall be authorized to enter any real property at any reasonable time during business hours or at such other time as may be necessary in an emergency for the purpose of performing their duties under this chapter. Inspections herein authorized shall be limited to the provisions of this chapter. Authorization may be grounded on any of the following reasons:
A. 
A proper determination of probable cause that conditions not conforming to this chapter exist in a particular building.
B. 
An official determination that there shall be a blanket inspection of all buildings subject to this chapter in a defined area.
C. 
An official determination that inspections be made as part of a routine spot check.
A. 
The owner, operator, agent or occupant of every premises shall give the Building Inspector, the Electrical Inspector or their designated representatives access to the entire premises for the purpose of such inspections at any reasonable time during business hours or at such other times as may be necessary in an emergency. Except during an emergency, the Building Inspector, the Electrical Inspector or their designated representatives shall first notify the owner, operator, agent or occupant of an intention to inspect the premises. Refusal of access to the Building Inspector, Electrical Inspector or their designated representatives at any reasonable time during business hours or at such other times as may be necessary in an emergency shall be a violation of this chapter.
B. 
The Building Inspector and his designated representative shall be supplied with official identification and shall exhibit such identification when entering upon any premises.
Whenever the Building Inspector or his designated representative determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time, not less than 10 days, for compliance, and shall be served upon the owner, operator, agent or occupant. Such notice shall be deemed to be properly served upon such aforementioned persons if a copy is served upon such persons personally, or if a copy thereof is sent by certified mail or registered mail, return receipt requested, to the last known address of such person, or if a copy is posted in a conspicuous place in or about the building affected by the notice and if a copy is mailed by certified or registered mail to the aforesaid person or persons, or by any other method authorized by the laws of the State of New York. Such notice shall inform the person to whom it is directed of his right to apply for a hearing to the Minimum Standards and Appeal Board, as provided in Section 25.44 of this Code.[1] Such notice may contain an outline of remedial action which, if taken, will effect compliance with provisions of this chapter and with rules and regulations adopted pursuant thereto.
[1]
Editor's Note: This reference is apparently to the former Housing Standards Ordinance, adopted 3-21-1973, which has since been superseded. For current provisions regarding housing standards and property maintenance, see Ch. 136, Property Maintenance.
It shall be the duty of the Building Inspector and his designated representative to furnish written reports of violations and corrections to the Chief Engineer of the Fire Department. A certificate of compliance shall be issued only with the consent of the Building Inspector after there has been full compliance with the provisions of this chapter. The certificate of compliance which may be issued by the Electrical Inspector must be forwarded to the Building Inspector for filing.
Any notice of violation issued shall automatically become a final order if written request for a hearing is not filed in the office of the Building Inspector within 10 days after service of the notice. A copy of the final order after a hearing shall be served as provided above under notice of violation.
Whenever the Building Inspector at any stage of the proceedings instituted under the provisions of this chapter finds that a violation of this chapter exists which in his opinion requires immediate action to abate a direct hazard or immediate danger to the safety or health of the occupants of a building or to the premises, he may, without prior notice or hearing, issue an order stating the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger immediately. Such order may include an order to vacate the premises, and a copy of such order shall be served on the owner, agent, operator or occupant. If it is necessary that the Building Inspector incur expenses in the execution of such orders, he may institute a suit to recover such expenses against any person liable for such expense or may cause such expenses to be charged against the property as a lien. A notice of such lien shall be mailed to or served upon the owner, operator, agent or occupant claimed liable to pay the same, and a similar copy may be filed in the office of the City Treasurer and the Commissioner of Assessments of the City of Lockport and may be noted on the records of liens and assessments against the property.
At the end of the period specified in the notice of violation or any extension thereof, it shall be the duty of the Building Inspector or his designated representative to make or cause to be made a reinspection of the premises, and if compliance has not been established, appropriate legal action shall be instituted to compel compliance with the provisions of this chapter.
The Building Inspector may extend the compliance time specified in any notice or order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided reasonable conditions exist which prevent immediate compliance.
Whenever a notice or order has been issued for any infraction of this chapter, the Building Inspector may file a copy of such notice or order in the office of the County Clerk. Such recording shall constitute appropriate information of such notice or order to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby.
No owner of any dwelling, dwelling unit, rooming house, rooming unit or premises upon whom any notice or order pursuant to this chapter has been served shall sell, transfer, grant, mortgage, lease or otherwise dispose such property to another until compliance with the provisions of such notice or order has been secured, or until such owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale, transfer, grant, mortgage or lease, a true copy of such notice or order and at the same time give adequate notification to the Building Inspector of his intent to sell, transfer, grant, mortgage or lease. A purchaser, transferee, grantee, mortgagee or lessee who has been informed of the existence of any notice or order issued pursuant to this code shall be bound thereby and shall be required to comply with all previous notices and orders issued pursuant to this electrical code and shall be subject to all the provisions and penalties contained in this chapter.
All records of the Building Inspector relative to violations shall be public. Upon request, the Building Inspector shall be required to make a search and issue a certificate of any of his records and shall have the power to charge and collect a fee of $2 for such searches or certificates, which fee shall be deposited in the general funds of the City.
The Building Inspector is authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement and interpretation of this chapter and to secure the intent thereof. Such rules and regulations shall not be in conflict with the provisions of this code, or any other ordinance of the City, nor shall they have the effect of waiving any provisions of this code or any other ordinance. Such rules and regulations shall have the same force and effect as the regulations of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter. Such rules and regulations shall be submitted to the Common Council by the Building Inspector. Failure of the Common Council to approve, reject or modify such rules and regulations within 30 days after submission shall be deemed to constitute disapproval thereof. Such rules shall be on file and available as a matter of public record in the City Clerk's office.
Any person who shall deem himself aggrieved by any notice or order hereunder shall have the right to appeal to the Minimum Standards Appeal Board pursuant to provisions contained in Section 25.44.[1]
[1]
Editor's Note: This reference is apparently to the former Housing Standards Ordinance, adopted 3-21-1973, which has since been superseded. For current provisions regarding housing standards and property maintenance, see Ch. 156, Property Maintenance.
No officer, agent or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Corporation Counsel until the final determination of the proceedings therein.
An offense against the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[1]
Editor's Note: Amended during codification; See Ch. 1, General Provisions, Art. II.