Town of Queensbury, NY
Warren County
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Table of Contents
Table of Contents
[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. 
As used in this chapter, the following terms shall have the meanings indicated:
DIRECTOR OF BUILDING AND CODE ENFORCEMENT
The Town of Queensbury official charged with the enforcement of the Electrical Law.
[Amended 5-24-1991 by L.L. No. 6-1991]
ELECTRICAL INSPECTOR
A person, firm or organization licensed according to the provisions of this chapter to perform electrical inspections in the Town of Queensbury.
B. 
Word usage.
(1) 
Words used in the singular include the plural and the plural, the singular.
(2) 
Words used in the masculine gender include the feminine and neuter gender.
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.