[HISTORY: Adopted by the Board of the Village
of Hamilton 4-8-1975 by L.L No.
1-1975. Amendments noted where applicable.]
This chapter shall be known as the "Electrical
Code of the Village of Hamilton."
Since there is danger to life and property inherent
in the use of electrical energy, this Electrical Code is enacted to
regulate the installation and alteration of wiring for electric light,
heat or power and signal systems operating on 50 volts or more in
or on all real property within the Village of Hamilton.
All electrical installations heretofore mentioned
shall be made in conformity with the requirements of the National
Electrical Code, except where the provisions of this chapter or any
other local law, ordinance or building code of the Village of Hamilton
shall differently prescribe, in which event compliance with the provisions
of such local law, ordinance or building code shall be recognized
as proper compliance with this chapter. The requirements of the National
Electrical Code shall be those known as National Fire Association
Pamphlet No. 70, as approved and adopted by the American National
Standards Institute.
[Amended 11-11-1997 by L.L. No. 6-1997]
A.
Authorization for appointment. The Village Board of
Trustees authorizes electrical inspectors to make inspections of all
electrical installations herein referred to, and said Board shall
approve or disapprove such electrical inspectors by resolution adopted
at a public meeting. Selection of inspectors, and continuation in
appointment, shall be based upon the following standards:
(1)
The electrical inspector or inspection firm selected
shall be authorized by the State of New York to conduct business within
the boundaries of the State of New York.
(2)
The electrical inspector or firm shall maintain an
insurance policy in full force and effect while performing inspections
and submitting certificates of inspection and compliance. Said policy
shall include statutory workers' compensation for the firm's inspectors
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.
The policy must name the Village of Hamilton as an additional insured,
and a certificate of insurance showing coverage in the required amounts
shall be submitted to the Village Administrator of the Village. The
terms of the policy shall be subject to approval of the Village.
(3)
The prospective electrical inspector or firm shall
furnish to the Village proof of financial responsibility and organizational
continuity, and the approval of such proof shall lie solely within
the discretion of the Board of Trustees of the Village.
(4)
The electrical inspector or firm shall maintain an
office or place of business staffed to receive telephone calls during
normal business days during normal business hours. All inspectors
of the firm 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 Board of Trustees in such form and according to
such rules as the Board may establish. Proposed fees for inspection
services shall also be provided with the qualification materials.
The final determination that the electrical inspector or firm meets
the qualifications shall be in the sole discretion of the Board of
Trustees.
(5)
The electrical inspector firm shall maintain a system
to receive applications, to conduct inspections and to issue inspection
reports in accordance with Village building inspection procedures,
as may be established from time to time.
(6)
Any change in the status of the inspector or firm,
including but not limited to fee schedules, insurance rates or employee
status, will immediately be reported to the Village Administrator.
Failure to report a change of status within 10 working days shall
constitute a violation of the provisions of this chapter.
B.
Complaints concerning inspectors. If any person, including
an official or employee of the Village, deems that an electrical inspector
or inspection firm is incompetent, unqualified or has violated this
chapter, such person shall file a written complaint with the Village
Administrator and the Code Enforcement Officer. The Board of Trustees
shall conduct or designate a hearing officer to conduct a hearing
after service of a notice of hearing date. Service of such notice
shall be made at least 10 days prior to the hearing date and may be
made in person or by certified mail to the inspector's or firm's place
of business. The complainant and responding inspector or firm may
be in attendance to present testimony and witnesses on their behalf.
If a hearing officer has been designated, the officer shall thereafter
forward a recommendation of action and the basis therefor to the Board
of Trustees. The Board of Trustees shall, by majority vote, determine
whether to revoke, suspend, reinstate or take no action with respect
to the complaint. Such determination shall be made in writing and
be filed with the Village Administrator. If any member of the Board
of Trustees shall be the complainant, such member shall not be entitled
to vote. When the Code Enforcement Officer determines that there is
sufficient danger to the public or to the health, safety and welfare
of any resident of the Village, he may suspend any authorization or
approval of an electrical inspector or firm granted under this chapter
for a period of 30 days pending a hearing as herein provided.
A.
It shall be the duty of the inspectors to report in
writing to the enforcement officer, whose duty it shall be to enforce
all the provisions of this code, all violations of or deviations from
or omissions of the electrical provisions of the National Electrical
Code and of all local 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 in the Village of Hamilton
upon the written request of an authorized official of the Village
of Hamilton or as herein provided. The inspector is authorized to
make inspections and reinspections of electrical wiring installations,
devices, appliances and equipment, in and on properties within the
Village of Hamilton, where he deems it necessary for the protection
of life and property. 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 Village of Hamilton.
B.
It shall be the duty of the inspector to furnish written
reports to the proper officials of the Village of Hamilton and 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 Village of Hamilton to
the attention of the enforcement officer.
[Amended 11-11-1997 by L.L. No. 6-1997; 12-8-1998 by L.L. No. 7-1998]
A.
It shall be a violation of this chapter for any person,
firm or corporation to install or cause to be installed or to alter
electrical wiring for light, heat or power in or on property in the
Village of Hamilton until an application for inspection has been filed
with an electrical inspector or inspection firm approved by the Board
of Trustees hereunder. Except as herein limited, it shall be a violation
of this chapter for a person, firm or corporation to connect or cause
to be connected electrical wiring, in or on property, for light, heat
or power, to any source of electrical energy supply prior to the issuance
of a temporary certificate or a certificate of compliance by such
an approved electrical inspector or firm. An application for inspection
and a certificate of compliance shall be required for any change,
alteration or extension in the building electrical system, or if requested
by the property owner, or if required by the power company prior to
energizing new, altered or repaired work.
B.
Electric heat conversions. No inspection may be conducted
and no certificate of compliance may issue for any construction, alteration,
addition or other improvement involving conversion to or extension
of electric heat unless the written approval for such conversion or
extension is first attained from the Village of Hamilton.
[Amended 1-14-1992 by L.L. No. 1-1992]
The provisions of this chapter shall not apply
to the electrical installations in mines, ships, railway cars, automotive
equipment or the installations or equipment employed by a railway,
electrical or communication utility in the exercise of its function
as a utility and located outdoors or in buildings used exclusively
for that purpose. This chapter shall not apply to any work involved
in the manufacture, assembly, test or repair of electrical machinery,
apparatus, materials and equipment by a person, firm or corporation
engaged in electrical manufacturing as its principal business. It
shall not apply to any building which is owned or leased in its entirety
by the government of the United States or to the State of New York.
[Amended 11-11-1997 by L.L. No. 6-1997]
This chapter shall not be construed to relieve
from or lessen the responsibility of any person owning, operating,
controlling or installing any electrical wiring, devices, appliances
or equipment for loss of life or damage to person or property caused
by any defect therein, nor shall the Village of Hamilton or the electrical
inspector or inspection firm approved hereunder be deemed to have
assumed any such liability by reason of any inspection made pursuant
to this chapter.
