[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.
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. 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.
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.
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.