[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 2-21-1967 by L.L. No. 11-1967; amended in its entirety 12-18-2012 by L.L. No.
12-2012]
The Legislature of the County of Rockland hereby finds that
there is a danger to life and property inherent in the use of electrical
energy, that the loss of life and property can be caused by the defective
installation and repair of electrical wiring and that such loss of
life and property can be prevented if the installation and repair
of electrical wiring is undertaken by persons with experienced training
in the business of installing, altering or repairing wiring and appliances
for electric light, heat, power or signaling systems.
As used in this article, the following terms shall have the
meanings indicated:
The qualifying individual applying for the license.
The Board of Electrical Examiners created by this article.
The Director of Consumer Protection.
A written agreement between a contractor and an owner or
between a contractor and a tenant for the performance of electric
work, which includes all labor, services and materials to be furnished
and performed thereunder.
Any shop, establishment, place or premises where the electrical
business is carried on.
Includes any person, partnership, limited partnership, limited-liability
company, or corporation which engages in or carries on the business
of installing, erecting, altering or repairing, for the public at
large, electrical wiring, apparatus, fixtures, devices, appliances
and equipment utilized or designed for the utilization of electricity
for light, heat or power purposes or for signaling systems operating
on 50 volts or more under the supervision of a master electrician.
A person employed by the County and designated by the Board
to exercise or to discharge, as directed by the Board, the authority
or the duties established by this article or by the Board pursuant
to this article.
Any homeowner, tenant or any other person who orders, contracts
for or purchases the electrical services of a contractor, or the person
entitled to the performance of the work of a contractor pursuant to
an electrical contract.
A person permitted to engage in the electrical contracting
business under the provisions of this article.
A person who has met all the requirements of the Board of
Electrical Examiners, including a passing grade on the master electrician
exam.
An individual. All references to the masculine gender shall
be interpreted to include the feminine gender.
An employee of the Board of Electrical Examiners.
The voluntary placement by an individual of his County of
Rockland master electrician license in an inactive status. An individual
with a shelved license shall be unlicensed. This individual shall
not maintain, conduct, operate, advertise, engage in or transact a
business as a master electrician in the County of Rockland.
A master electrician (1) who is an electrical contractor,
or (2) who is a partner in a partnership that is an electrical contractor,
or a general partner in a limited partnership that is an electrical
contractor, or a managing member of a limited-liability company that
is an electrical contractor, or an officer of a corporation that is
an electrical contractor, or (3) who is a bona fide employee of such
electrical contractor. The Supervisor of the work must be available
to inspect the work of his employees.
The title of this code shall be NFPA 70, National Electrical
Code® of the National Fire Protection Association. The short title
of this code shall be the NEC® in its most current edition.
On or after the effective date of this article, no person shall engage in, carry on or conduct the business of an electrical contractor within the County of Rockland unless licensed therefor pursuant to this chapter or unless employed by a person so licensed. On or after the effective date of this chapter, no partnership, limited partnership, limited-liability company, or corporation shall engage in, carry on, or conduct the business of an electrical contractor within the County of Rockland unless it is specified as the "holder of the license" of a master electrician pursuant to § 250-6, of this chapter; in the case of a partnership, the partnership shall be evidenced by a written partnership agreement. On or after the effective date of this chapter, no persons or other entities may participate in a joint venture involving the business of an electrical contractor in Rockland County unless each participant in the joint venture is, pursuant to this chapter, licensed or specified as a holder of a license.
A.
There is hereby created a Board of Electrical Examiners consisting
of 11 members, hereinafter referred to as the "Board." The members
of such Board shall be residents of the County and shall be appointed
by the County Executive subject to confirmation by the Rockland County
Legislature, and shall serve at the pleasure of the County Executive.
The members so appointed shall be persons with experienced training
in the field of electrical installations.
B.
The membership of the Board shall at all times provide for representation
by at least one resident of each of the several towns in Rockland
County, and five members at large, exclusive of the legislative member.
C.
The Chairman of the Legislature of the County of Rockland shall designate
a member of the Board of Electrical Examiners to act as Chairman thereof,
or, on failure so to do, the Board shall elect a Chairman from its
own members.
D.
A majority of the Board shall constitute a quorum for the transaction
of business.
E.
Compensation to be paid to the members of the Board of Electrical
Examiners, if any, shall be determined by the County Legislature.
F.
Members of the Board shall be required to attend 60% of all regular
meetings scheduled by the Board in the calendar year, failure to do
so may result in the Board submitting a letter to the County Executive
recommending the member be removed for failure to attend regularly
scheduled Board meetings.
The Board shall have the following powers and duties in addition
to those elsewhere prescribed in this chapter:
A.
To hold meetings at the call of the Chairman and at such other times
as the Board may determine when necessary or desirable for the efficient
discharge of the business of the Board, but not less than quarterly.
All meetings of such Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing the vote of each member
upon every question or, if absent or failing to vote, indicating such
fact, and shall also keep records of its examinations and other official
actions. Every rule, regulation, every amendment or repeal thereof
and every decision or determination of the Board shall immediately
be filed in the office of the Clerk to the Legislature of the County
of Rockland and shall be a public record.
B.
To examine the qualifications and fitness of applicants for licenses
under this chapter or of the representatives of such applicants designated
for such purpose.
C.
To grant and issue licenses as master electricians to applicants
possessing the requisite qualifications. Licenses shall be signed
by the Chairman and Secretary of the Board.
D.
To suspend or revoke licenses for cause as prescribed in this chapter.
E.
To keep records of all licenses issued, suspended or revoked by it
and to make such records available for public inspections, the same
to be filed in the office of the Clerk to the Legislature of the County
of Rockland and with the Secretary.
F.
To prepare a manual of its rules and regulations for the conduct
of examinations and qualifications and to furnish copies thereof to
persons desiring the same upon payment of a fee as set by the Board.
G.
To adopt rules and regulations in respect to procedure before it
and in respect to any subject matter over which it has jurisdiction
under this chapter or any other law, after a public hearing by the
Board and subject to approval of the Rockland County Legislature.
Upon adoption and approval of such rules and regulations, they shall
be duly filed with the Clerk of the Rockland County Legislature and
the Director.
H.
The Board shall employ experts, clerks and a secretary, subject to
the appropriations that may be made therefor by the Rockland County
Legislature. Said employees shall report to the Director on a day-to-day
operational basis. The Rockland County Legislature is hereby authorized
and empowered to make such appropriation as it may see fit for such
expenses; the amount of the appropriation shall be the estimated charges
and expenses, less fees, if any, collected pursuant to the licensing
required by this chapter.
A.
The Board may issue and renew a master electrician's license. Such
license shall permit the licensee to engage in the business of electrical
contractor or as an employee or partner or officer of an electrical
contracting business within the County of Rockland for the period
of one year from the date on which it was issued. A master electrician
will only be entitled to possess one valid master electrician's license
pursuant to this chapter for any given year. A master electrician
shall supply the Board with a passport photograph every year at the
time of and as a condition of the renewal of the master electrician's
license. The Board shall issue each master electrician a new identification
card every three years.
B.
The fee for such license shall be set forth in the rules and regulations.
C.
Each licensed master electrician shall receive from the Board one
decal with his license without charge. Additional decals may be purchased
for a fee to be set forth in the rules and regulations. Every electrical
van, truck, utility body, bucket truck, or other vehicle used in any
form of electrical contracting activity shall at all times have affixed
to its back bumper a decal, which shall be so affixed immediately
upon receipt from the Board.
D.
There shall be an application fee which shall be set forth in the
rules and regulations for administration of tests required by the
Board for persons seeking permission to do electrical work on nonattached
personally owned primary residences.
E.
Every electrical van, truck, utility body, bucket truck, or other
vehicle used in any form of electrical contracting activity shall
at all times also have affixed to each side a sign bearing the full
name of the business and either the full address or full telephone
number of the business. Sign lettering and numbering shall be at least
three inches in height.
A.
Every person desiring a license as a master electrician under this
chapter shall make application therefor to the Board in such form
and detail as the Board may prescribe and which shall be accompanied
by the required fee set forth in the rules and regulations. Such application
shall state, among other things, the name and address of the applicant
who will take the examination for the license and who will act as
supervisor of the work to be done under the license, if granted.
B.
Every master electrician desiring certificate as an electrical contractor
under this chapter shall make application therefor to the Board in
such form and detail as the Board may prescribe, accompanied by the
appropriate fee set forth in the rules and regulations. Such application
shall state, among other things, the name, address and license number
of the supervisor of work, who shall be a County of Rockland licensed
master electrician.
A.
Examinations shall be in writing as the Board may determine. A complete
record of every examination given shall be kept on file until three
years after the date of the examination. Examinations shall be held
at such times and places as the Board may fix.
B.
The applicant shall present himself for examination at the time and
place specified in a notice to be given by the Board.
C.
An applicant who has failed in his first examination shall not be
eligible for reexamination until three months from the date of such
failure. One who fails twice or more shall not be eligible for further
reexamination until at least six months have elapsed from the date
of such second or subsequent failure.
D.
No license for a master electrician shall be granted and held by
any person unless he shall prove to the satisfaction of the Board
that he is competent and qualified to perform work. The Board may,
as a condition to the granting of a license, establish a rule or regulation
requiring that the applicant must have a certain number of years of
experience performing work before the date of application.
E.
Any person applying for a license within one year after the effective
date of this chapter who shall hold a current valid license or who
shall have been continuously engaged in the business and work of an
electrician in the County of Rockland for a period of five years or
more preceding such effective date shall be entitled to receive a
license without examination upon payment of the fee prescribed by
this chapter.
F.
The Board may require an application for a license or a renewal application
to be accompanied by a bond, approved as to form by the County Attorney,
executed by a bonding or surety company authorized to do business
in the State of New York, or cash security in an amount to be set
by the Board, conditioned upon the assurance that during the term
of such license the licensee will continue to comply with the provisions
of this chapter, to assure that upon default in the performance of
any contract, the advance payments made thereon, less the reasonable
value of services actually rendered to the date of such default, or
the reasonable costs of completion of the contract in the event of
no completion thereof, will be refunded to the purchaser, owner or
lessee with whom such contract was made. Such bond shall run to the
County of Rockland for the use and benefit of any person or persons
intended to be protected thereby. The filing of the required bond
in the Office of the Director, preapproved as to form by the County
Attorney, shall be deemed sufficient compliance with this section.
The Board may require a bond at any time during the term of the license
based on the licensee's performance during such term.
G.
All persons licensed pursuant to this chapter shall be required to
secure liability insurance to protect all persons from personal injury
and property damage that could occur, directly or indirectly, during
or as a result of their work licensed by this chapter. Such liability
insurance must include proof of personal liability and property damage
coverage (with no exclusions for product-completed operations coverage)
in such form and amount, and with such other kinds of coverage, as
may from time to time be set forth in or required by the rules and
regulations, along with proof of workers' compensation and disability
insurance in such form and amount as may from time to time be set
forth in or required by the rules and regulations. Such liability
insurance shall be occurrence-based.
H.
Suspension of license.
(1)
Upon receipt of evidence that any bond required of any licensee by Subsection F or any liability, disability, or workers' compensation insurance required of any licensee by Subsection G or the rules and regulations is not in effect, the Director or his designee shall promptly issue an order suspending the license of such licensee and shall promptly mail a copy of such order by regular first class mail and by certified mail to the licensee at the licensee's address provided in accordance with this article or the rules and regulations.
(2)
The suspension shall take effect on the date specified in the order
and shall remain in effect for a period of time equal to the time
from the date that the bond or insurance, as the case may be, was
not in effect to the date on which a subsequent insurance, as the
case may be, became or will have become in effect.
(3)
Suspension not permitted.
(a)
No order suspending any license shall be issued, or, if such
order has been issued, it shall be terminated, if the Director or
his designee shall determine either that the bond or insurance, as
the case may be, had been erroneously determined not to have been
continuously in effect or that both:
(b)
The burden of proving that the bond or insurance had been erroneously
determined not have been continuously in effect, or that the licensee
did not know that the bond or insurance was not in effect and that
such failure to have the bond or insurance in effect resulted solely
from the negligence or malfeasance of another shall be upon the licensee
seeking to avoid suspension action. Such facts shall be established
by clear and convincing evidence, either by the submission of affidavits
or at a hearing called in the discretion of the Board. The Board may,
as justice may require, terminate or modify any order suspending any
license.
(4)
No order issued, and no action taken or not taken, by the Director or his designee pursuant to this Subsection H, shall be subject to appeal to the Board or to the appeal procedures specified in § 250-20 but, rather, shall be deemed an administratively final determination for purposes of judicial review.
A.
Any license issued hereunder may be suspended or revoked, at the
discretion of the Board, after public hearing, upon due notice held,
upon charges given to the licensee and an opportunity to be heard
in his defense, in person or by an attorney, if the Board is satisfied
that the holder of such license or any of his or its officers or employees
willfully, or by reason of incompetence, have violated any provision
of this chapter, any other law, ordinance, local law, resolution or
building code governing electric work or requiring permits therefor
or any requirement contained in the rules and regulations of the Board
and any revisions thereof. The Board shall cause the proceedings of
such hearing to be electronically or otherwise recorded verbatim and
permanently preserved.
C.
A license to conduct, operate, engage in and transact an electrical
contracting business as an electrical contractor may be refused, suspended
or revoked by the Board for any one or more of the following causes:
(1)
Fraud, misrepresentation or bribery in securing a license.
(2)
The making of any false statement as to material matter in any application
for a license or in any proceeding with respect to the refusal, suspension,
or revocation of a license, or in any response to any order, demand,
or inquiry by the Board or by the Director or his designee with respect
to a license or with respect to any electrical contract.
(3)
The person or the management personnel of the contractor are untrustworthy
or not of good character.
(4)
The business transactions of the contractor have been marked by a
practice of failure to perform its contracts or the manipulation of
assets or accounts by fraud or bad faith.
(5)
Failure to display the license as provided in this chapter.
(6)
Violation of any provision of this chapter or of any rule or regulation
adopted hereunder.
(7)
The institution of federal bankruptcy proceedings (voluntary or involuntary),
or of proceedings in any court to appoint a receiver, with respect
to the person or any management personnel of the contractor; or the
making of an assignment by the person or any management personnel
of the contractor for the benefit of creditors whose claims arise
under or are related to any electrical contract with the person or
management personnel of the contractor; or failure to notify the Board
of the institution of such proceedings or the making of such assignment.
(8)
License holder and/or electrical contractor having been convicted
of a felony involving another person or property.
(9)
Failure to display the license sticker, which is issued by the County
of Rockland.
(10)
Violation of any provision of this chapter or of any rule or
regulation adopted hereunder or any other law or ordinance pertaining
to electricians.
(11)
Maintaining, conducting, operating, advertising, engaging in
or transacting a business as a master electrician in the County of
Rockland with a shelved license.
(12)
Employing an unlicensed subcontractor or subcontractors to perform
electrical work or any combination thereof in the County of Rockland.
(13)
Failure to renew a master electrician license on or before its
expiration date.
(14)
Filing for electrical contracting work which the contractor
did not contract to perform, or taking over and filing through a certified
electrical inspection company for electrical contracting work begun
by a person not licensed pursuant to this chapter prior to approval
of the Board of Electrical Examiners.
D.
Prior to the revocation or suspension of a master electrician license,
the licensee shall receive, in writing, all the particulars of the
alleged violation and shall have an opportunity to present his defense
at a public hearing either in person or by his attorney.
A.
The following acts are prohibited.
(1)
Abandonment or willful failure to perform, without justification,
any electrical contract or project engaged in or undertaken by a contractor,
or willful deviation from or disregard of plans or specifications
in any material respect without the consent of the owner.
(2)
Making any substantial misrepresentation in an electrical contract
or in the procurement of an electrical contract or making any false
promise likely to influence, persuade or induce.
(3)
Any fraud in the execution of or in the material alteration of any
contract, mortgage, promissory note or other document incident to
an electrical transaction.
(4)
Preparing or accepting any mortgage, promissory note or other evidence
of indebtedness upon the obligations of an electrical transaction
with knowledge that it recites a greater monetary obligation than
the agreed consideration for the electrical work.
(5)
Directly or indirectly publishing any advertisement relating to electrical
work which contains an assertion, representation or statement of fact
which is false, deceptive or misleading, provided that any advertisement,
which is subject to and complies with then-existing rules, regulations
or guides of the Federal Trade Commission shall not be deemed false,
deceptive or misleading; or any means of advertising or purporting
to offer the general public any electrical work with the intent not
to accept contracts for the particular work or the price, which is
advertised or offered to the public.
(6)
Willful or deliberate disregard and violation of the building, sanitary
and health laws of this state or any political or municipal subdivision
thereof.
(7)
Willful failure to notify the Board of any change or control in ownership,
management, business name, location or person whose qualifications
were the subject of review and approval by the Board as designee of
a contractor.
(8)
Conducting an electrical contracting business in any name other than
the one in which the contractor is licensed.
(9)
Willful failure to comply with any order, demand or requirement made
by the Board pursuant to provisions of this chapter, or the willful
making of any false statement as to a material matter in any proceeding
with respect to the refusal, suspension, or revocation of a license,
or in any response to any order, demand, or inquiry by the Board or
by the Director or his designee with respect to a license or with
respect to any electrical contract.
(10)
Willful or other refusal, failure, or neglect to pay or comply
with any judgment in favor of any owner, supplier, vendor, material
man, subcontractor, independent contractor, employee, or other person
arising out of any electric contract or electrical contracting activity
entered in any court of competent jurisdiction, within 60 days after
the entry of such judgment, or within 60 days after the disposition
of any appeal from it, or within 60 days after the expiration of any
period during which an appeal or further appeal may be taken from
it, whichever is later.
(11)
Willful refusal or failure to make any payment, when due, to
any supplier, vendor, material man, subcontractor, independent contractor,
employee, or other person for any labor or materials in connection
with any electrical contract, or any willful act or omission that
may expose any owner to the imposition of any lien or to any civil
or other liability or penalty.
B.
As part of or in connection with the inducement to make an electrical
contract, no person shall promise or offer to pay credit charges or
allow to a buyer any compensation or reward for the procurement of
an electrical contract with others.
C.
No contractor shall offer or pay a loan as an inducement to enter
into an electrical contract.
D.
No acts, agreements or statements of a buyer under an electrical
contract shall constitute a waiver of any provisions of this chapter
intended for the benefit or protection of the buyer.
E.
No person shall advertise or hold himself out as being qualified
to perform electric work, as defined in this chapter, in Rockland
County unless licensed as herein provided, and the license number
shall appear in all such advertising.
F.
No contractor shall employ an unlicensed subcontractor or subcontractors.
A.
No contractors' license shall be required of any person when acting
in the particular capacity or particular type of transaction set forth
in this section:
B.
This chapter shall not apply to an electrical contract otherwise
within the purview of this chapter, which is made prior to the effective
date of the respective provisions of this chapter governing such contracts.
All installations of electrical work, all extensions thereto
and all alterations thereof within the County of Rockland shall be
in conformity with the provisions of this chapter and of any other
applicable statute, local law, resolution, ordinance or building code
pertaining thereto and shall also be in conformity with approved standards
for safety to life and property. In every case where no specific type
or class of material or no specific standards are prescribed by law,
conformity with the regulations and requirements contained in the
National Electrical Code, 2008 edition, and any revisions thereof
shall be prima facie evidence of conformity with approved standards
for safety to life and property.
The inspections made and the certificates of approval or permits
issued by any local municipality approved inspection agency for any
electrical installation in the County of Rockland shall be deemed
by the Board as evidence of proper installations.
Every electrical contract, where the total aggregate cost exceeds
$250, shall be subject to the provisions of this section.
A.
Every contract and any changes in the contract subject to the provisions
of this section shall be in writing, shall be signed by all parties
to the contract, and the writing shall contain the following:
(1)
The name, address, license number and federal employer identification
number, if any, of the contractor.
(2)
The approximate dates when the work will begin and on which all construction
is to be completed.
(3)
A description of all work to be done, the materials or material allowances
and equipment to be used, the agreed consideration for the work and
whether any other work is required to be performed to comply with
any other law, ordinance, local law, resolution or building code governing
electrical work or requiring permits therefor or any requirement contained
in the rules and regulations of the Board and any revisions thereof.
(4)
If the payment schedule contained in the contract provides for a downpayment to be paid to the contractor by the owner before the commencement of work, such downpayment shall not exceed $1,000 or 15% of the contract price, excluding finance charges, whichever is the lesser. However, this Subsection A(4) shall not be construed to prohibit any contractor from demanding or receiving from any owner at any time during the performance of any contract advance payment for any materials that are necessary for the owners specific project, provided:
(a)
That the contractor has become or may become, for any reason,
irrevocably committed to purchase such materials from any supplier,
vendor, material man, or other person; or
(b)
That the contractor has become or may become, for any reason,
contractually liable to pay any supplier, vendor, material man, or
other person for such materials; or
(c)
Such materials have become irreversibly customized for the owner's
specific project and may not feasibly, without undo hardship to the
contractor, be salvageable by the contractor from the owner-specific
project; and provided, further, that the contract shall contain in
bold twelve-point or larger print, immediately above the signature
of the owner, the following language, which shall be separately initialed
by the owner: "At any time during the performance of this contract,
the contractor may demand and shall be entitled to receive in full
from the owner advance payment for any materials that are necessary
to perform this contract."
(5)
A schedule of payments showing the amount of each payment as a sum in dollars and cents. In no event shall the payment schedule provide for the contractor to receive, nor shall the contractor actually receive, payments in excess of 100% of the value of the work performed on the project at any time, excluding finance charges, except that the contractor may receive an initial downpayment and any advance payments authorized by Subsection A(4). The schedule of payments shall be stated in dollars and cents and shall be specifically referenced to the amount of work to be performed and to any materials and equipment to be supplied.
(6)
The contract shall state that, upon satisfactory payment being made
for any portion of the work performed, the contractor shall, prior
to any further payment being made, furnish to the person contracting
for the work a full and unconditional release from any claim of a
mechanics lien by the contractor or by a person entitled to enforce
a mechanics lien for that portion of the work for which payment has
been made.
(7)
The requirements of Subsection A(4), (5) and (6) shall not apply when the contract provides for the contractor to furnish a performance and payment bond, lien and completion bond, or a bond equivalent approved by the Board, covering full performance and completion of the contract and such bonds are furnished by the contractor or when the parties agree for full payment to be made upon or for a schedule of payments to commence after satisfactory completion of the project. The contract shall contain, in close proximity to the signature of the owner, a notice in at least ten-point type stating that such owner has the right to require the contractor to have a performance and payment bond.
(8)
No additional work shall be performed without prior written authorization
of the person contracting for the electrical work. Any such authorization
shall be on a contract change-order form, showing the agreed terms
and reasons for such changes and shall be approved by both parties
in writing. Any such change-order forms shall be incorporated in,
and become part of, the contract.
(9)
The writing shall be legible and shall be in such form as to clearly
describe any other document which is to be incorporated into the contract,
and before any work is done, the owner shall be furnished a copy of
the written agreement, signed by the contractor.
(10)
The contract shall contain not less than a one-year warranty
guaranteeing the quality of workmanship.
(11)
The contract shall require the contractor to obtain any necessary
permits and inspections and provide to the owner a electrical final
inspection for work performed. Should the contract indicate that the
homeowner is to obtain any necessary permits and certificate of occupancy,
same shall be set forth in not less than ten-point bold lettering.
(12)
The writing may also contain other matters agreed to by the
parties to the contract.
B.
At the time a contract is signed by the parties, the contractor shall
deliver a legible copy of such contract to the person contracting
for the electrical contracting work.
C.
Each electrical contractor shall maintain books of account, copies
of all contracts with buyers and such other records as shall properly
and completely reflect all transactions involving the electrical contracting
business. These records shall be maintained for six years or the length
of time of the contract guaranty, whichever is longer.
D.
A notice to the owner that, in addition to any right to otherwise
revoke an offer, the owner may cancel the electrical contract until
12:00 midnight of the third business day after the day on which the
owner has signed an agreement or offer to purchase relating to such
contract. Cancellation occurs when written notice of cancellation
is given to the electrical contractor. Notice of cancellation, if
given by mail, shall be deemed given when deposited in a mailbox properly
addressed and postage prepaid. Notice of cancellation shall be sufficient
if it indicates the intention of the owner not to be bound. Notwithstanding
the foregoing, this subsection shall not apply to a transaction in
which the owner has initiated the contract and the electric work is
needed to meet a bona fide emergency of the owner, and the owner furnishes
the electrical contractor with a separate dated and signed personal
statement in the owner's handwriting describing the situation requiring
immediate remedy and expressly acknowledging and waiving the right
to cancel the electrical contract within three business days. For
the purposes of this subsection, the term "owner" shall mean an owner
or any representative of an owner.
An electrical contractor must treat all funds received from
a customer pursuant to a electrical contract as trust funds to be
applied solely to the payment of expenses directly related to the
electrical contract. Such funds may not be applied to the payment
of expenses unrelated to the electrical contract unless and until
the electrical contract is completed and all the expenses for direct
labor, material and subcontractors related thereto have been paid
by the contractor.
All fees derived by the Board from the operation of this chapter
shall be turned over to the Commissioner of Finance by the Board within
10 days after they are received.
This chapter shall not be construed to relieve from nor lessen
the responsibility of any electrical contractor for any loss of life
or damage to person or property, nor shall the County of Rockland
be deemed to have assumed any such liability by reason of any license
issued pursuant to this chapter.
A.
A license issued pursuant to this chapter may not be construed to
authorize the licensee to perform any particular type of work or kind
of business which is reserved to qualified licensees under separate
provisions of state or local law, nor shall any license or authority
other than as is issued or permitted pursuant to this chapter authorize
engaging in the business of electrical contracting.
B.
Nothing in this chapter shall be construed to limit or restrict the
power of a town or village to regulate the quality, performance or
character of the work of contractors, including a system of permits
and inspections, which are designed to secure compliance with and
aid in the enforcement of applicable state and local building laws
or to enforce other laws necessary for the protection of the public
health and safety.
C.
Nothing in this chapter limits the power of a town or village to
adopt any system of permits requiring submission to and approval by
the town or village of plans and specifications for an installation
prior to the commencement of construction of the installation or of
inspection of work done.
A.
The provisions of this chapter shall not apply to:
(1)
Persons engaged solely in selling or solely in the attachment of
ordinary electric appliances to existing circuits where no jointing
or splicing of electrical conductors is required.
(2)
The installation, maintenance or repair of elevators, dumbwaiters
and escalators.
(3)
The repair of heating systems.
(4)
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 principal
business.
(5)
The work in connection with the erection, construction, maintenance
or repair of lines and facilities for the generation, transmission
and distribution of electricity from the source of supply to the service
connection on the premises where used by electric corporations, as
defined by the Transportation Corporations Law of this state, excluding,
however, the construction or erection of plants and substations for
the generation and distribution of electricity.
(6)
Municipal plants authorized to generate or sell electricity.
(7)
The work of such companies or plants in installing, maintaining and
repairing, on the consumer's premises, of service connections, meters
and other apparatus and appliances remaining the property of such
companies or plants after installation.
(8)
Emergency repairs of wiring and appliances, on the consumer's premises,
necessary for the protection of life or property.
(9)
Electrical work performed by or pursuant to contract with any federal
or state government or any agencies thereof.
A.
Any person aggrieved by the action of the Board in refusing to issue
a license or renewal thereof or shelving of a license or renewal thereof
or reactivation of a shelved license or suspending or revoking a license
or making any decision or determination may take an appeal therefrom
to the Legislature within 30 days after the same has been filed with
the Clerk of the Rockland County Legislature as required herein. Such
appeal shall be taken by filing with the Board and the Rockland County
Legislature a notice of appeal, specifying the grounds therefor.
B.
The Board shall forthwith transmit to the Clerk of the Rockland County
Legislature and shall by personal delivery or by first class mail
serve upon the appellant a copy of the recorded proceedings and a
copy of all the papers constituting the record upon which the action
appealed from was taken.
C.
An appeal, except from an action of the Board in refusing to issue
a license or renewal thereof, stays all proceedings in furtherance
of the action appealed from, unless the Board certifies to the Rockland
County Legislature, after the notice of appeal shall have been filed,
that by reason of facts stated in the certificate a stay would, in
its opinion, cause imminent peril to life or property, in which case
the proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Rockland County Legislature.
D.
The County Executive, subject to confirmation by the County Legislature,
may designate three members of the Legislature as an appellate panel
to hear the appeal.
E.
A time shall be fixed for the hearing of the appeal, and notices
of the hearing shall be mailed to the appellant and the Board at least
20 days before the hearing. Upon the hearing, any party may appear
in person or by agent or by attorney. The appellate panel may reverse
or affirm, wholly or partly, or may modify the decision or determination
or action appealed from and shall make such decision or determination
as, in its opinion, ought to be made in the premises and to that end
shall have the powers of the Board from which the appeal is taken.
F.
Any person or persons aggrieved by any decision made upon an appeal
may apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules, provided that the proceeding
is commenced within 30 days after filing the decision in the Office
of the Clerk to the Legislature.
G.
Said appeals shall be hearing de novo at which the proceedings of
and the evidence presented at the hearing before the Board shall be
considered, together with such other evidence offered by the appellant
or the Board that the three members of the Legislature hearing the
appeal deem relevant to the issues decided by the Board.
H.
All exhibits proposed by the appellant or the Board to be submitted
as evidence at the hearing of the appeal shall be filed with the Clerk
to the Legislature and by personal delivery or by first class mail
served upon the other party at least seven days prior to said hearing.
Nothing herein shall be construed to obviate the necessity of
procuring a permit for work whenever required by statute, local law,
resolution, building code or ordinance of the municipality wherein
such work is to be performed.
A.
Any willful or negligent failure by any person to comply with the provisions of § 250-3 hereof shall constitute a Class A misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not exceeding one year, or by both such fine and imprisonment. The continuation of any offense shall constitute a separate and distinct misdemeanor hereunder for each day the offense is continued.
B.
Any person who, with intent to defraud or deceive, knowingly makes
a false statement in an electrical contract, or in connection with
the inducement to make a electrical contract, or in securing a license,
or in any proceeding with respect to the refusal, suspension, or revocation
of a license, or in any response to any order, demand, or inquiry
by the Board or by the Director or his designee with respect to a
license or with respect to any electrical contract shall be guilty
of a Class A misdemeanor, punishable by a fine not exceeding $1,000
or imprisonment for a period not exceeding one year, or by both such
fine and imprisonment.
C.
Any willful or negligent failure by any person to comply with the
other sections of this chapter shall constitute a violation and shall
be punishable by a fine not exceeding $1,000 or imprisonment for a
period not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense shall constitute a separate and distinct
violation hereunder for each day the offense is continued.
D.
The Director as designated herein, and his employees, shall have
the power to issue appearance tickets as the same are defined in Article
150 of the Criminal Procedure Law.
E.
In addition to any criminal penalties provided in the preceding Subsections A, B, and C of this § 250-22 which may be imposed by a court of competent jurisdiction, an administrative notice of violation assessing a civil penalty not to exceed $5,000 for any willful or negligent failure by any person to comply with any provision of this chapter may be issued by the Director, as designated herein, and his designees and sent by certified, registered, or ordinary mail to the person who has failed to comply. Each failure to comply with one or more separate and distinct provisions of this chapter shall constitute a separate and distinct failure to comply, for each of which the Director or his designees may issue a separate and distinct administrative notice of violation assessing a civil penalty not to exceed $5,000. The continuation of any failure to comply shall constitute a separate and distinct failure to comply for each day the failure is continued. Any person aggrieved by the assessment of any civil penalty by the Director or his designees may, within 30 days after the mailing of the notice of violation, appeal the assessment to the Board. The Director may, with the consent of the County Executive, commence a civil action in any court of competent jurisdiction to collect any civil penalty assessed pursuant to this subsection that remains unpaid for more than 30 days after the mailing of the notice of violation or, if an appeal is taken to the Board or if a further appeal is taken from the Board to the Legislature, more than 30 days after the determination by the Board or the appellate panel, as the case may be.
F.
Nothing herein contained shall prevent the Director, as designated herein, his designees, the Board, or other employees of the County designated by the Board from proceeding to enforce the requirements of this chapter by any one or any combination, successively or simultaneously, of the following: criminal proceedings as provided in Subsections A, B, C, and D of this section; civil penalty as provided in Subsection E of this section; or civil action for injunctive, declaratory, monetary, or other relief.
G.
The Director may refuse to issue a license or a renewal thereof to
any person who has failed to pay any fine or civil penalty imposed
pursuant to this chapter. Any person aggrieved by the refusal by the
Director to issue a license or a renewal thereof pursuant to this
subsection may, within 30 days after the mailing of the notice of
such refusal, appeal the refusal to the Board. The Board may suspend
or revoke the license of, or refuse to issue a license or a renewal
thereof to, any person who has failed to pay any fine or civil penalty
imposed pursuant to this chapter.
H.
Impoundment. In addition to the criminal and civil penalties, the Rockland County Department of Consumer Protection, having enforcement powers, may, in its discretion, impound the equipment used during the violation of § 250-3 as follows:
(1)
Any police officer or authorized officer, employee or agent of the Office of Consumer Protection, upon service on the operator of a vehicle and/or person in possession of tools or implements of a notice of violation for operating without a license required by § 250-3 of this chapter, may seize and impound any vehicle, tool or other implement which such officer has reasonable cause to believe is being used in connection with such violation. If stopping the work and impounding any vehicle, tools or implements shall result in rendering the premises being worked on uninhabitable or unsecured, the police officer or authorized officer, employee or agent of the Office of Consumer Protection issuing the notice of violation shall have the discretion to permit the worker or workers to either complete the work or in some manner render the premises temporarily habitable and secure prior to impounding any vehicle, tools or other implements. Any vehicle, tool or implement seized pursuant to this subsection shall remain in the custody of the department or agency of the police officer or authorized officer, employee or agent who impounded the vehicle, tools or other implements.
(2)
A person from whom a vehicle, tool or implement has been seized and
impounded pursuant to this subsection shall receive notice at the
time of such seizure and by overnight mail, as soon thereafter as
practical, informing such person how and when the vehicle, tool or
implement may be reclaimed. In the event that the person from whom
the vehicle was seized is not the registered owner of the vehicle,
separate notice shall be provided by overnight mail to the registered
owner of the vehicle.
(3)
The Director or the designee of the Director shall hold a hearing in accordance with the provisions of § 250-24 of the Laws of Rockland County not otherwise in conflict with this subsection, to adjudicate the violation of § 250-3 of this chapter underlying the seizure and impoundment within five business days after the date of such seizure and impoundment and shall render his or her determination immediately following the conclusion of such hearing. Such determination shall also include a finding as to whether or not such vehicle, tool or other implement was used in connection with such violation and, if necessary, an additional finding as to whether the owner of such property, if not the person served with a notice of violation pursuant to § 250-22E, permitted the use of such property under circumstances evincing that such owner knew or should have known that such property would be used for the conduct that was the basis for the seizure of the property. There shall be a rebuttal presumption that such owner knew or should have known that such property would be used for the conduct that was the basis for the seizure of the property, if such owner was the employer, corporate owner or partner, parent, legal guardian or spouse of the person served with a notice of violation pursuant to § 250-22 at the time of the seizure. In the event that the property impounded is released to the owner of said property pursuant to Subsection H(4) of this section, the hearing may be rescheduled to a later date within a reasonable time period.
(4)
A vehicle, tool or other implement seized and impounded pursuant to this subsection may be released to the owner of such property prior to the hearing provided in Subsection H(3) of this section upon the posting of an all-cash bond in a form satisfactory to the Director in an amount sufficient to cover:
(a)
The maximum civil penalties, which may be imposed for the violation of § 250-3 of this chapter underlying the seizure and impoundment; and
(b)
All reasonable costs for removal and storage of such vehicle,
tool or implement.
[1]
Release to a person claiming such property shall be conditioned
on presentation of:
[a]
In the case of a vehicle, proof of ownership or
authorization from the owner of the vehicle as ownership is defined
by § 388 of the Vehicle and Traffic Law; or
[b]
In the case of a tool or other implement or equipment,
proof of ownership or authorization by the owner satisfactory to the
Director.
[2]
The owner of said vehicle, tool or other implement seized is
entitled, within 48 hours of a written request, to a hearing before
an independent hearing examiner to determine if there was reasonable
cause to seize and impound said vehicle, tool or other implement.
In the event the independent hearing examiner determines that there
was not reasonable cause to seize said vehicle, tool or other implement,
said vehicle, tool or other implement shall promptly be released to
its owner upon written demand and proof of ownership as provided above.
(5)
Following an adjudication that has resulted in a determination that the vehicle, tool or other implement was used in connection with unlicensed activity in violation of § 250-3 of this chapter, release of such vehicle, tool or other implement to the owner of such property may be obtained upon payment of:
(6)
No person shall obtain release of a vehicle, tool or other implement pursuant to Subsection H(4) and (5) of this section unless and until such person submits an application for a electrical license, or reinstatement of such a license, as appropriate, to the Director in the form and containing the information required by the Director. Notwithstanding the provisions of this subsection, in the event that the owner of the vehicle, tool or other implement was not the person who was served with a notice of violation alleging a violation of the provisions of § 250-3 of this chapter or found to be in violation of the provisions of § 250-3 of this chapter, the owner may obtain release upon payment of all reasonable costs of removal and storage as provided herein and upon execution of a sworn statement, subject to the provisions of the Penal Law relative to false statements and satisfactory to the Director that he or she will not permit the person who is alleged to have violated or found to have violated such provisions to operate or possess the vehicle, tool or other implement in violation of § 250-3 of this chapter.
(7)
After adjudication of the violation underlying the seizure in accordance with Subsection H(3) of this section, if the Director or the designee of the Director finds that the vehicle, tool or other implement has not been used in connection with unlicensed activity under the provisions of § 250-3 of this chapter, the Office of Consumer Protection shall promptly cause such vehicle, tool or other implement to be released to its lawful owner upon written demand of the owner. If applicable, the Department of Consumer Protection shall also promptly return any cash bond posted pursuant to Subsection H(4) of this section in accordance with the determination of the Director or the designee of the Director pursuant to Subsection H(3) of this section.
(8)
In the event that property impounded pursuant to this subsection
is not released to its owner due to the owner's failure to respond
to the notice of violation and appear at three hearing dates scheduled
at least one month apart, said property will be considered lost and
abandoned property, the disposition of which is governed by New York
State law under Personal Property Law § 253.
A.
No license issued hereunder shall be assignable or transferable.
B.
Each electrical contractor's certificate issued hereunder shall specify
the name and street address or post office address of the person,
partnership, limited partnership, limited-liability company, or corporation,
who or which shall be known as the "holder of the license." There
shall be only one holder of the license with respect to any license
at any given time. The certificate of an electrical contractor shall
specify the name and street address or post office address of the
person who is the master electrician, and such person shall be designated
in the electrical contractor's certificate as the supervisor of work
with respect to all electrical contracting business engaged in or
carried on by the electrical contractor named as holder of the license.
It shall be the affirmative duty of every applicant for a license,
every master electrician, and every holder of the license to notify
the Board of any change of his or its address or post office box number,
in writing and within 15 calendar days after such change. Service
of official notices and communications upon the applicant, master
electrician, or holder of the license, as the case may be, by first
class mail to such street address or post office address shall be
considered sufficient for all purposes under this chapter.
C.
In the event that the supervisor of work ceases to be a partner in
a partnership that is an electrical contractor, or a general partner
in a limited partnership that is an electrical contractor, or a managing
member of a limited-liability company that is an electrical contractor,
or an officer of a corporation that is an electrical contractor or
a bona fide employee of such electrical contractor, or in the event
that the electrical contractor ceases to be liable with respect to
all actions taken by such partner, general partner, managing member,
officer, or employee, the supervisor of work shall notify the Board
of such fact forthwith, and upon notification the license holder shall
no longer be a holder of the license of the supervisor of work and
shall no longer be permitted to engage in or carry on the business
of an electrical contractor pursuant to this chapter.
D.
The application fee for the certificate of an electrical contractor
shall be set forth in the rules and regulations.
E.
All licenses and certificates shall be numbered in the order in which
they are issued and shall be in such form and of such color and shall
contain such information as may be prescribed by the Board.
F.
Each license and certificate shall at all times be kept conspicuously
displayed in the place of business of the licensee.
A.
The Director and his designees may conduct initial investigations
of complaints filed with his office with regard to violation(s) of
this chapter or of rules and regulation adopted hereunder.
B.
The Director and his designees may conduct initial hearings or hearings
for the purpose of taking testimony, reporting findings of fact, recommendations
and decisions as a hearing officer concerning any investigation, inquiries
or violations of this section or rule or regulation adopted hereunder.
C.
Any person or person aggrieved by the action of the Director's or
his designees' recommendations and decisions may take an appeal therefrom
to the Board within 30 days after the same has been filed with the
Board.
If any part of this article, or the application thereof to any
person or circumstance shall be judged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to
the parts of the provision directly involved in the controversy in
which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of this article or the application
thereof to any other persons or circumstances.
[Adopted 12-18-2012 by L.L. No. 11-2012]
A.
This chapter establishes an electrical code enforcement program intended
to protect the health, safety and welfare of the public and to protect
public and private property by assuring the competence of persons
who perform electrical inspections of dwellings and other structures
through certification. Inspections of installed electrical work provide
an opportunity to identify and correct potential hazards, including
shock, electrocution, fire, and prevent resultant injuries.
B.
Nothing in this chapter shall limit the power of a city, town or
village to adopt any system of permits requiring submission to and
approval by the city, town or village of plans and specifications
for an electrical installation prior to the commencement of construction
of the installation or of inspection of work done.
As used in this article, the following terms shall have the
meaning indicated below:
Annex H of the N.F.P.A.
An electrical inspector who is the primary inspector in a
business licensed to perform electrical installations in the towns
and villages in the County of Rockland. The Chief Electrical Inspector
is responsible for all electrical inspectors employed by the business
and all inspections performed by the electrical inspection business.
The Chief Electrical Inspector must be certified by the I.A.E.I. as
a master electrical inspector.
The Director of Consumer Protection.
Any inspection required by this article and the rules and
regulations adopted hereunder, and any inspection of a building to
which electrical service is connected, wherein the electrical inspector
certifies that the electrical system in the building is in compliance
with the N.E.C. and state fire and building codes.
Any person, partnership, limited partnership, limited-liability
company or corporation who or which engages in or carries on the business
of electrical inspections for electrical installations, repairs, additions
or alterations for the public at large, as described in 90.2 of the
N.E.C. There shall be at least one chief electrical inspector employed
by the business at all times.
An individual meeting the requirements of the I.A.E.I. and
authorized to perform electrical inspections within his certified
discipline. This individual shall work under the supervision of the
Chief Electrical Inspector for the firm where he is employed. Individuals
who are not legally employed by an approved electrical inspection
business shall not conduct electrical installations in the jurisdiction
of Rockland County.
International Association of Electrical Inspectors.
National Fire Protection Association 70, National Electric
Code 2008, or most current version.
National Fire Protection Association.
On or after the effective date of this article, no person shall
engage in, carry on or conduct the business of an electrical inspector
within the County of Rockland unless licensed as an electrical inspector
or unless employed by a business so licensed. The Director of Consumer
Protection or his designee may issue a license to engage in an electrical
inspection business within the County of Rockland for the period of
one year, which license may be renewed annually. A copy of the license,
listing the name of the business and the chief electrical inspector,
is to be prominently displayed in the place of business. A complete
list of all employees, accompanied by two passport photos of each
employee, shall be required with the license application. ID cards
displaying employee picture, name, and inspection rating will be included
in the license approval package.
All electrical inspectors shall be certified by a nationally
recognized electrical inspector certification program accepted by
the Director of Consumer Protection. The certification program shall
specifically qualify the inspector in electrical inspections. No person
shall be employed as an electrical inspector unless that person is
the holder of license as an electrical inspector issued by the Director
of Consumer Protection, or his designee, except that any person who
on the date on which this article went into effect was serving as
a legally employed electrical inspector of an electrical inspection
business and who has a minimum of 30 final inspections in the past
two years shall, upon application and payment of the prescribed fee,
be issued a special certificate permitting him or her to continue
to serve as an electrical inspector in the same jurisdiction for a
grace period of one year from the date of enactment of this article.
Electrical inspectors shall be recertified as required by the
provisions of the accepted nationally recognized electrical inspector
certification program. Any change in the certification status of an
electrical inspector must be reported to the Director immediately.
Any and all authority to perform electrical inspections will be suspended
upon the loss of certification of an electrical inspector.
An electrical inspection business must comply with the following:
A.
A corporation must submit a copy of the filing receipt showing the
filing of the corporation with the State of New York, Secretary of
State.
B.
A foreign corporation must submit a copy of the filing receipt from
the State of New York Secretary of State granting the corporation
the authority to do business in New York State.
C.
A domestic or foreign corporation with an assumed name must submit
a copy of the filing receipt from the State of New York Secretary
of State granting use of the assumed name in the County of Rockland.
D.
A partnership conducting business under a trade name must submit
a copy of a fully executed partnership agreement and a certified copy
of the partnership certificate on file in the County Clerk's office.
All information except partnership name, address, partners' percentage
of ownership, and signature page shall be redacted.
E.
An individual operating under a trade name must submit a certified
copy of the business certificate on file in the Rockland County Clerk's
office.
An electrical inspection business shall submit proof to the
Director of Consumer Protection that such electrical inspection business
maintains workers compensation and disability insurance as required
by New York State law, or that such electrical inspection business
is exempt from maintaining such insurance. In addition, such electrical
inspection business shall maintain occurrence-based liability insurance
in an amount not less than $5,000,000 for damage to persons and property
in connection with the electrical inspection business. The electrical
inspection business is responsible for submitting updated certificates
of insurance 10 days prior to the expiration date noted on the business
license.
The electrical inspection business must supply proof of current
certification by a nationally recognized electrical inspector certification
program accepted by the Director of Consumer Protection for all its
employees that will perform electrical inspections. The electrical
inspection business must list the certified master electrical inspector
who will serve as chief electrical inspector for the business. The
electrical inspection business shall immediately report to the Director
of Consumer Protection any change in the certification status of an
employee.
Every application for a license must state the electrical inspection
business' street address and post office box, if any. It shall be
the affirmative duty of license holder to notify the Director of any
change of address and/or post office box number, in writing, within
15 calendar days after such change. Service of official notices and
communications upon the electrical inspection business by first class
mail to such street address and/or post office address shall be considered
sufficient notice for all purposes under this article and the rules
and regulations promulgated hereunder.
A.
The Director or his designee may conduct initial investigations of
complaints filed with his office with regard to violation(s) of this
chapter or the rules and regulations promulgated hereunder.
B.
The Director or his designee may conduct initial hearings, or hearings
for the purpose of taking testimony, reporting findings of fact, recommendations
and decisions as a hearing officer concerning any investigation, inquiry
or violation of this article or the rules and regulations adopted
hereunder.
C.
Any person or persons aggrieved by the action of the Director or
his designees' recommendations and/or decisions may take an appeal
therefrom to the Legislature within 30 days after the same has been
filed with the Director of Consumer Protection.
A.
Violations. Whenever the Director of Consumer Protection or his designated
agent determines that there has been a violation of this article,
a written notice shall be issued alerting the offending party of such
findings.
B.
Penalties.
(1)
Any person who fails to comply with the provisions of this article
or who fails to carry out an order made pursuant to this article or
violates any condition attached to a permit, approval, or certificate
shall be subject to the penalties established by the Director of Consumer
Protection.
(2)
Failure to comply with the corrective action after notification of
violation is received shall result in each day that such violation
continues being regarded as a new and separate offense.
(3)
Any person, firm, or corporation who or which shall willfully violate
any of the applicable provisions of this article shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not more than three $3,000 or not less than $100 for each
offense.
A.
Upon the completion of an installation of electrical equipment, it
shall be the affirmative duty of the person, firm, or corporation
making the installation ("applicant") to notify an electrical inspection
business having jurisdiction in Rockland County to perform electrical
inspections within a reasonable time. The electrical inspection business
shall confirm that the applicant's license is active and in good standing.
In the event the electrical inspector has reason to believe the applicant
did not install the work to be inspected, he/she must notify the Director
of Consumer Protection immediately.
B.
Where the electrical inspector finds the installation to be in conformity
with the N.E.C. and all applicable local ordinances, Orange and Rockland
specifications, and relevant rules and regulations, the electrical
inspector shall issue to the person, firm, or corporation making the
installation a certificate of approval, with duplicate copy for delivery
to the owner, authorizing the connection to an electrical supply and
shall send written notice of such authorization to the supplier of
electric service as required by Orange and Rockland Utilities, Inc.
C.
No portion of an electrical installation or the equipment involved
in such installation may be concealed from plain sight by the permanent
placement of parts of the building or excavated fill until such installation
has been inspected and approved by an electrical inspector.
D.
If, upon inspection, any installation is found not to be in full
conformity with the provisions of this article, including Article
80 and all applicable ordinances, rules, and regulations, the electrical
inspector performing the inspection shall at once forward to the person,
firm, or corporation handling the installation a written notice stating
the defects that have been found. A copy shall also be forwarded to
the Director of Consumer Protection and the town or village building
department where the violation has occurred. Notification to all parties
after violations are corrected is required.
A.
Review of electrical inspector's decisions. Any person, firm, or
corporation may register an appeal request in writing to the Director
of Consumer Protection to review any decision of an electrical inspector,
provided that such request is made in writing within 15 days after
such person, firm, or corporation shall have been notified. Upon receipt
of such request, the Director of Consumer Protection, or his designee,
shall, if requested, hold a hearing to determine whether the action
of the electrical inspector complies with this article and, within
30 days after receipt of the request, or after holding the hearing,
shall make a decision in accordance with its findings. The decisions
shall be filed in the Office of Consumer Protection.
B.
Conditions. Any person shall be permitted to request a review of
a decision of a certified electrical inspector, or resolve an interpretation
of the N.E.C., to the Director of Consumer Protection when it is claimed
that any one or more of the following conditions exist:
An electrical inspector shall not:
A.
Approve or disapprove work of which he or she does not have personal
knowledge.
B.
Misrepresent his or her authority or responsibility.
C.
Use his or her certification as an electrical inspector for special
favors or treatment.
D.
Inspect any electrical installation for which he or she has performed
any part of the work.
E.
Perform an electrical inspection of any work furnished by an electrical
contractor that employs him or her on a full-time, part-time, or incidental
basis.
The Director, or his designee, shall have the authority to revoke
or deny an electrical inspector's license to conduct inspections within
the jurisdiction of the County of Rockland for the following reasons:
A.
The license was granted on an application, or on documents supporting
an application, that materially misstated the electrical inspector's
qualifications or experience.
B.
The electrical inspector knowingly subscribed to or vouched for an
inaccurate statement by an applicant for certification.
C.
The electrical inspector incompetently performed an electrical inspection.
D.
The electrical inspector failed to comply with the provisions of
this article.
A.
Any person aggrieved by the action of the Director of Consumer Protection,
or his designee, in refusing to issue a license or renewal thereof
or suspending or revoking a license or making any decision or determination
may take an appeal therefrom to the Rockland County Legislature within
30 days after the same has been filed with the Clerk of the Rockland
County Legislature. Such appeal shall be taken by filing with the
Director and the Rockland County Legislature a notice of appeal, specifying
the grounds therefor.
B.
The Director shall forthwith transmit to the Clerk of the Rockland
County Legislature and shall by personal delivery or by first class
mail serve upon the appellant a copy of the recorded proceedings and
a copy of all the papers constituting the record upon which the action
appealed from was taken.
C.
An appeal, except from an action of the Director in refusing to issue
a license or renewal thereof, stays all proceedings in furtherance
of the action appealed from, unless the Director certifies to the
Rockland County Legislature, after the notice of appeal shall have
been filed, that by reason of facts stated in the certificate a stay
would, in its opinion, cause imminent peril to life or property, in
which case proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Rockland County Legislature.
D.
The County Executive, subject to confirmation by the County Legislature,
may designate three members of the Legislature as an appellate panel
to hear the appeal.
E.
A time shall be fixed for the hearing of the appeal, and notices
of the hearing shall be mailed to the appellant and the Director at
least 20 days before the hearing. Upon the hearing, any party may
appear in person or by agent or by attorney. The appellate panel may
reverse or affirm, wholly or partly, or may modify the decision or
determination or action appealed from and shall make such decision
or determination as, in its opinion, ought to be made in the premises
and to that end shall have the powers of the Director from whom the
appeal is taken.
F.
Any person or persons aggrieved by any decision made upon an appeal
may apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules, provided that the proceeding
is commenced within 30 days after filing the decision in the Office
of the Clerk to the Legislature.
G.
Said appeals shall be a hearing de novo at which the proceedings
of and the evidence presented at the hearing before the Director shall
be considered, together with such other evidence offered by the appellant
or the Director that the three members of the Legislature hearing
the appeal deem relevant to the issues decided by the Director. All
exhibits proposed by the appellant or the Director to be submitted
as evidence at the hearing of the appeal shall be filed with the Clerk
to the Legislature and by personal delivery or by first class mail
served upon the other party at least seven days prior to said hearing.
