[HISTORY: Adopted by the Town Board of the Town of Queensbury 5-26-1987
by L.L. No. 4-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch.
88.
Electrical installations in flood hazard areas — See Ch. 91.
This chapter shall be known as the "Electrical Law of the Town of Queensbury."
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, operating
on 50 volts or more, in or on all property within the Town of Queensbury.
A.
DIRECTOR OF BUILDING AND CODE ENFORCEMENT
ELECTRICAL INSPECTOR
As used in this chapter, the following terms shall have
the meanings indicated:
The Town of Queensbury official charged with the enforcement of the
Electrical Law.
[Amended 5-24-1991 by L.L. No. 6-1991]
A person, firm or organization licensed according to the provisions
of this chapter to perform electrical inspections in the Town of Queensbury.
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 Town of Queensbury 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 and as from time to time amended by the National
Fire Protection Association, except where the provisions of this chapter or
any other law, ordinance or building code of the Town of Queensbury 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.
[Amended 5-24-1991 by L.L. No. 6-1991]
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 Town
of Queensbury until a written application for the inspection has been filed
with the electrical inspector. The electrical inspector shall forward to the
Director of Building and Code Enforcement a record 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 Town of Queensbury for light, heat or power to
any source of electrical energy supply prior to the issuance of a temporary
certificate of compliance by the electrical inspector. The electrical inspector
shall forward to the Director of Building and Code Enforcement a record of
all temporary certificates issued by him.
A.
The Town Board authorizes electrical inspectors to make inspections of all electrical installations hereinabove and hereinafter referred to, and the Town Board shall approve or disapprove such electrical inspectors pursuant to the standards set forth in § 80-7.
B.
The Director of Building and Code Enforcement is authorized
to cause approved electrical inspectors to make inspections and reinspections
of electrical wiring installations, devices, appliances and equipment in and
on properties within the Town of Queensbury for the protection of life and
property. In such cases, a charge for said services will be rendered, which
charge shall be approved from time to time by the Town Board of the Town of
Queensbury.
[Amended 5-24-1991 by L.L. No. 6-1991]
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 public liability insurance
of at least $1,000,000 for personal injury, $100,000 for property damage and
$5,000,000 for excess liability. All policies must name the Town of Queensbury
as an additional insured, and a certificate of insurance showing coverage
in the required amounts shall be submitted to the Town of Queensbury. The
terms of the policies shall be subject to the approval of the Town of Queensbury.
C.
The electrical inspector shall furnish to the Town of
Queensbury proof of financial responsibility and organizational continuity,
and the approval of such proof shall lie solely within the discretion of the
Town of Queensbury.
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
or for any other action of its inspectors.
E.
The electrical inspector shall require all wiring to meet standards of the latest revision of the National Electrical Code, in accordance with § 80-4 of this chapter.
F.
The electrical inspector shall maintain an office or
place of business staffed to receive toll-free telephone calls during normal
business days for a minimum of eight hours a day. 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 Town Board in a form and
according to the rules established by said Town Board. The final determination
as to which electrical inspector meets the qualifications shall be in the
sole discretion of the Town Board.
G.
The electrical inspector shall maintain a system to receive
applications, to conduct inspections and to issue inspection reports in accordance
with Town of Queensbury building inspection procedures, as may be established
from time to time. All inspection and notification forms must be approved
by the Director of Building and Code Enforcement.
[Amended 5-24-1991 by L.L. No. 6-1991]
H.
The electrical inspector shall provide to the Director of Building and Code Enforcement and to the owners and/or lessees written reports of noncompliance of electrical installations and shall forward certificates of compliance in a timely manner when the electrical installation and equipment are in conformity, as outlined in § 80-4 above. The electrical inspector shall also maintain all records for a minimum of six years and shall provide to the Director of Building and Code Enforcement, without cost to the Town of Queensbury, and to the owners and/or lessees records of inspections, when requested.
[Amended 5-24-1991 by L.L. No. 6-1991]
I.
The electrical inspector shall not accept, without the
approval of the Director of Building and Code Enforcement, 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.
[Amended 5-24-1991 by L.L. No. 6-1991]
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 Director of Building and Code Enforcement, inspections
or approvals of electrical work from an inspector other than the inspector
who found the violation.
[Amended 5-24-1991 by L.L. No. 6-1991]
K.
The electrical inspector and each individual inspector
shall affirm that they presently do 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 Warren, Washington
and Saratoga in the State of New York and that the individual inspector will
not engage in work as an electrician anywhere within said counties.
L.
Any change in the status of the electrical inspector,
including but not limited to fee schedules, insurance rates or employee status,
will immediately be reported to the Town Clerk. Failure to report a change
of status within 10 working days shall constitute a violation of the provisions
of this chapter.
M.
These standards shall not be construed to relieve from
or lessen the responsibility of any inspector, agency or person owing, 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 Town of Queensbury or its inspectors be deemed to have assumed
any such liability by reason of any inspection made pursuant to this chapter.
N.
All electrical inspectors shall submit an annual report
no later than February 1, covering the period of January through December
of the previous year. The report shall reflect the electrical inspector's
current fee schedule, insurance limits and staffing. The report shall also
show the number of certificates of compliance issued and fees collected for
the previous year. The report shall be in a form acceptable to the Director
of Building and Code Enforcement and the Town Clerk. Failure to submit such
report in a timely manner shall constitute a violation of the provisions of
this chapter.
[Amended 5-24-1991 by L.L. No. 6-1991]
[Amended 5-24-1991 by L.L. No. 6-1991]
If at any time any person, including an official or employee of the
Town of Queensbury, deems that an electrical inspector is incompetent, unqualified
or has violated this chapter, such person shall file a written complaint with
the Town Clerk and the Director of Building and Code Enforcement. The Town
Board shall conduct or designate a hearing officer to conduct a hearing after
service of a notice of hearing. Service of such notice shall be made 10 days
prior to the hearing date and may be made in person or by certified mail.
If mailed to the inspector's place of business as filed with the Town of Queensbury,
such 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 therefor to
the Town Board. The Town 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 Town Clerk. If any member of
the Town Board shall be the complainant, such member shall not be entitled
to vote. When the Director of Building and Code Enforcement determines that
there is sufficient danger to the public or to the health, safety and welfare
of any resident of the Town of Queensbury, he may suspend any license granted
under this chapter for a period of 30 days pending a hearing as herein provided.
The fees for licenses issued hereunder shall be $300. Such fee may be
increased from time to time by the Town Board of the Town of Queensbury under
separate resolution.[1] All licenses shall be for a term of one calendar year.
[1]
Editor's Note: The current fee resolution is on file in the office
of the Town Clerk.
[Amended 5-24-1991 by L.L. No. 6-1991]
A.
It shall be the duty of the electrical inspector to report
in writing to the Director of Building and Code Enforcement all violations
of or deviations from or omissions of the electrical provisions of the National
Electrical Code and of all laws, ordinances and the building code as referred
to in this chapter insofar as any of the same apply to electrical wiring.
The inspector shall make inspections and reinspections of electrical installations
in and on properties in the Town of Queensbury upon written request of an
authorized official of the Town of Queensbury or as herein provided. In the
event of an emergency, it is the duty of the inspector to make electrical
inspections upon the oral request of an official or officer of the Town of
Queensbury. It shall be the duty of the inspector to furnish written reports
to the proper officials of the Town of Queensbury 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 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 Director of Building and Code Enforcement.
B.
When an inspection or reinspection shows a defective
electrical installation or a defective electrical device, appliance or equipment,
the electrical inspector making the same shall submit a written disapproval
report thereof to the Director of Building and Code Enforcement and shall
cause a copy of such report to be sent to the owners and/or lessees of the
property inspected.
A.
Any person, firm or corporation violating or failing to comply with § 80-5 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 provision of this chapter shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding one year, or both. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Each and every day such violation continues, and each and every inspection done in violation of this chapter, shall constitute a separate offense.
[Amended 5-24-1991 by L.L. No. 6-1991]
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 Town of Queensbury 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.
[Amended 5-24-1991 by L.L. No. 6-1991]
This chapter shall not be construed to hold the Town of Queensbury 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 Town of Queensbury be liable for any damage to person or property
by reason of the Director of Building and Code Enforcement exercising his
discretion as provided for in this chapter.
