[HISTORY. Adopted by the Common Council of the City of Buffalo 6-5-1990,[1] effective 6-18-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Electricity — See Ch. 165.
Licenses — See Ch. 263.
Poles and wires — See Ch. 330.
Shortwave broadcasts — See Ch. 383.
[1]
Editor's Note: This ordinance was adopted as Ch. 444 of the
Code of the City of Buffalo and repealed former Ch. 444, Television
Repair.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Consumer Electronics.
Items which shall include televisions, radios, phonographs,
videocassette recorders (VCR's) and compact disc players (CD's)
and shall also include the installation and repair of satellite dish
receptors and antennas and microwave oven repair.
Includes any person, firm, corporation, association, partnership,
company or organization of any kind.
The maintenance, repair, replacement, testing, inspection
and modification of consumer electronics equipment.
A.
Creation. There is hereby created a Board of Consumer Electronics
to consist of five members. The members of the Board shall be appointed
by the Mayor subject to confirmation by the Common Council. The Mayor
shall have the power to remove appointed members for reasons stated
in writing and after an opportunity to be heard, and he shall also
possess the power to fill any vacancy occurring for the unexpired
term of a member with a person having the same minimum qualifications.
One member of the Board shall be designated by the Mayor as Chairman,
and the designation may be changed from time to time.
B.
Terms of office. The appointed members shall serve for terms of one,
two, three, four and five years, respectively, in the order in which
such appointments are made by the Mayor. The successors to the original
appointees shall serve thereafter for terms of three years.
C.
Meetings. The Board shall hold at least one meeting each calendar
month at a time fixed by rule or resolution of said Board and shall
also meet at the call of the Chairman of the Board.
D.
Election of officers and records of proceedings.
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Said Board shall elect its own officers and shall keep or cause
to be kept a full and complete record of all its proceedings. The
records of said Board shall be open to public inspection during business
hours.
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A.
No person shall represent or hold himself out to be a licensed consumer
electronics repair technician unless duly licensed under the provisions
of this chapter.
B.
After April 1, 1990, any person holding himself out as engaged in
the servicing of consumer electronics and in the installation and/or
servicing of microwave ovens, antennas and satellite dishes shall
be licensed as a consumer electronics technician.
C.
After April 1, 1990, one engaged solely in the installation and/or servicing of reception antennas and/or satellite dish receptors may, in lieu of the license enumerated in Subsection B above, be licensed solely for that purpose. In such event, the license received shall be clearly stamped: "Reception Equipment Installation and Repair Only."
D.
After April 1, 1990, one engaged solely in the installation and/or servicing of microwave ovens and no other consumer electronics as defined herein may, in lieu of the license enumerated in Subsection B above, be licensed solely for that purpose. In such event, the license received shall be clearly stamped: "Microwave Installation and Repair Only."
Each person, as defined by this chapter, who is required to
obtain a license under the provisions hereof shall make application,
in writing, on forms provided by the Board. Said application shall
be signed by the applicant under oath and shall contain information
prescribed by the rules and regulations of the Board.
An applicant shall be deemed qualified to take the examination
for consumer electronics technician herein provided for if he is of
good moral character and is able to furnish satisfactory proof that
he has either of the following qualifications:
A.
That the applicant, prior to his application, was engaged as an apprentice
licensed under the provisions of this chapter in servicing consumer
electronics equipment under the supervision of a person having the
qualifications prescribed hereby for consumer electronics technician
for the period of 4,000 hours.
B.
In the case of applicants for licenses for microwave installation
and repair, the applicant shall show proof that he has been engaged
as an apprentice licensed under the provisions of this chapter under
the supervision of a person having the qualifications prescribed herein
for and licensed as a microwave installer or repair technician for
a period of 1,000 hours. In the case of applicants for licenses for
installation or servicing of satellite dishes and/or antennas or other
similar reception equipment an applicant shall show proof that he
has been engaged as an apprentice licensed under the provisions of
this chapter under the supervision of a person having the qualifications
prescribed herein and licensed for installation or repair of such
equipment for a period of 1,000 hours.
C.
In the case of an applicant who was not eligible for apprenticeship
under this chapter due to residency, who exhibits a diploma or certificate
showing satisfactory completion of a course in consumer electronics
repair and maintenance conducted in a vocational school under the
jurisdiction of a Board of Education or in a private trade school
organized and conducted in accordance with the rules of the Department
of Education of the State of New York or in a school which has been
approved by the federal government for the vocational training of
honorably discharged veterans of the Armed Forces of the United States
and furnishes satisfactory proof that, for a period of 1,000 hours
subsequent to such scholastic training and immediately prior to such
application, he was engaged in servicing consumer electronics equipment.
D.
In the case of an applicant who was not eligible for apprenticeship
under this chapter due to residency, a high school graduate or the
holder Of a high school equivalency certificate who has been certified
that he has attended and completed a one-year, full-time course of
instruction at a resident school approved by the State Department
of Education and also furnishes satisfactory proof that, for 1,000
hours subsequent to the completion of his course and prior to his
application for a license, he was employed servicing consumer electronics
equipment.
E.
One who shows evidence that he is certified by the National Electronics
Service Dealers Association.
The written examination shall be dispensed with upon proof,
satisfactory to the Board, that an applicant is one who either:
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services shall issue an apprentice license to any individual who pays a fee as set forth in Chapter 175, Fees, is at least 16 years of age and is of good moral character. Said application shall be signed by the applicant under oath and shall contain information prescribed by the rules and regulations of the Board. Said applicant shall register with the Board as an apprentice. Said apprentice shall obtain employment under or study under the direction of a licensed consumer electronics technician and may not represent or hold himself out to be a licensed technician until duly licensed as provided herein, nor may said apprentice repair or service any consumer electronics item except under the personal supervision or training of a licensed technician.
[Amended 12-9-2003, effective 12-19-2003]
The Board of Consumer Electronics shall approve and shall be
responsible for the content and grading of all examinations given
under this chapter. Results of all examinations shall be certified
by the Board at its first monthly meeting after completion of examinations
by applicants. Any applicant shall be given an opportunity to review,
in the presence of a Board member, the results of his/her examination,
which, however, may not be removed from the office of the Commissioner
of Permit and Inspection Services.
[Amended 12-9-2003, effective 12-19-2003]
Each duly licensed technician or apprentice shall have his license
identification card on his person at all times while engaged in the
servicing of consumer electronics equipment and shall, upon request,
tender the same for inspection by any person for whom said service
is being rendered. In addition, said license shall be displayed at
the place of employment at all times in a place prominent and visible
to the public. The Commissioner of Permit and Inspection Services
shall provide both the license and the identification card at the
time of license approval.
It shall be unlawful for any consumer electronics technician
to employ as an apprentice or as a technician a person who is not
licensed or to whom a license has not been issued as provided in this
chapter.
[Amended 12-9-2003, effective 12-19-2003]
Every license issued hereunder shall be renewed on or before April 1 of each year, regardless of the date of issue, upon payment of all fees to the Commissioner of Permit and Inspection Services as indicated herein. Should any person fail to renew the applicable license by each April 1, the fees hereunder shall be twice the amount listed in addition to any other penalty applicable under this Code. The cost of renewals shall be as set forth in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
A.
The license of any person licensed under this chapter may be suspended
or revoked or renewal thereof refused by the Commissioner of Permit
and Inspection Services upon determination by the Commissioner, after
notice and hearing before him, that a licensee:
(1)
Has practiced fraud or deceit upon a customer or in establishing
his qualifications for a license under this chapter;
(2)
Has engaged in fraudulent, misleading or deceptive advertising as
to the skill of the licensee or the quality of materials;
(3)
Is incompetent or untrustworthy to engage in the trade;
(4)
Has refused to leave a detailed statement or bill with a customer
upon the customer's request to do so;
(5)
Has violated any of the provisions of this chapter; or
(6)
Has done such other act which the Commissioner finds to be detrimental
to the public interest or the purpose or intent of this chapter.
B.
No license shall be revoked or suspended or denied renewal unless the licensee has been notified, in writing, of the charges against him at least 10 days before the hearing provided for in Subsection A hereof. The licensee shall have the right to appear and/or have another appear with the licensee before the Commissioner of Permit and Inspection Services to answer the charges made and present testimony in his own defense. All testimony offered for supporting or denying charges shall be given under oath, and the licensee shall be afforded a reasonable opportunity to cross-examine witnesses and inspect documents offered in support of charges and shall be afforded the right to offer sworn testimony or other material and competent evidence to establish his defense.
Nothing herein shall authorize any person to install, alter or repair any electric wires or wiring apparatus or outlets, fixtures or other appliances which are not an integral part of consumer electronics equipment, for which a master electrician license may be required by Chapter 165, Article I, of the Code of the City of Buffalo.
It is the intention of the Common Council of the City of Buffalo
that each provision in this chapter shall be deemed independent of
all other provisions herein, and it's further deemed intended
that if any provision of this chapter is declared invalid, all other
provisions thereof shall remain valid and enforceable.
