[Adopted as Art. XIII of the Zoning Ordinance; amended 3-1-2000]
This article shall be known as the "Electrical Code of the Town of Penfield."
The purpose of this article is to regulate the manner in which wiring is installed, altered or repaired for electric light, heat, power and signal systems operating on 50 or more volts in or on all real property within the Town of Penfield.
[Amended 12-16-2015 by L.L. No. 3-2015]
All electrical installations referred to in § 94-19 shall be made in conformity with the requirements of the New York State Uniform Fire Prevention and Building Code (NYSUFPBC).
Any person or organization (hereafter referred to as "agency") may apply to the Town Board for permission to conduct electrical inspections in the Town of Penfield. The application shall be in writing in such form as may be prescribed by Town Board resolution and shall be accompanied by a nonrefundable application fee as set forth in the fee schedule annually adopted by the Town Board, an insurance certificate showing statutory workers' compensation coverage for its employees and automobile and public liability coverage for property damage and personal injury, including wrongful death, in an amount of at least $10,000,000, with the Town of Penfield named as additional insured.
[Amended 12-16-2015 by L.L. No. 3-2015]
The completed application shall be submitted to the Building Inspector, who shall review the same for accuracy and completeness, and who shall also make an investigation into the business reputation and qualifications of the applicant. The Building Inspector shall, within 30 days of the receipt of the application, forward the same, together with his recommendation as to approval or rejection, to the Town Board for its determination.
Upon approval, the Building Inspector shall issue a letter to the applicant certifying that the applicant has been approved to conduct electrical inspections in the Town of Penfield for a probationary period of one year.
After a one-year probationary period, the applicant may apply for permanent approval from the Town Board. The Building Inspector shall submit the application, and his recommendation as to approval or rejection, to the Town Board. The Town Board shall either approve or reject the application. Such approval shall be valid until such a time as it is revoked by the Town Board upon good cause shown after a hearing before the Town Board, at which hearing the electrical inspector shall be given an opportunity to be heard and to present evidence in his/her defense. In the event that the applicant's application is not approved, he/she shall be given an opportunity to present his/her case to the Town Board at a hearing to be conducted by the Town Board within 30 days of such rejection and to present evidence in support of his/her application.
Upon approval, the Building Inspector shall issue a letter to the applicant certifying that the applicant has been approved to conduct electrical inspections in the Town of Penfield.
The Building Inspector shall at all times maintain a list of approved electrical inspectors with their current business addresses and telephone numbers.
The agency shall be authorized by the State of New York to conduct business within the boundaries of New York State. The agency represents that it maintains currently effective insurance, including statutory worker's compensation insurance for its employees and workers, public liability insurance for property damage and personal injury. The agency shall maintain such insurance policies in full force and effect while performing inspections and submitting certificates.
The agency shall furnish the Building Inspector with proof of responsibility and organizational continuity. The agency shall not solicit of any person or entity or require as a condition of inspection any waiver of responsibility for an error, omission, or recommendation made by its inspectors, or for any other action of its inspectors.
The agency shall require all wiring to meet standards of the latest revision of the National Electric Code and of any applicable code prescribed by this article.
The agency shall not compete with others in any manner which would cause it to reduce the quality of its inspectors. The agency shall not knowingly accept an application at any given location from any applicant who has received notice from another agency.
Each agency is required to maintain a file of current inspection charges with the Building Department. Established charges will be applied uniformly and will not be discounted. The agency shall ensure that the inspectors it employs have adequate experience, education and training as follows. Inspectors shall:
Have a working knowledge of the principles of electricity necessary to interpret the National Electrical Code and other applicable requirements.
Know the requirements of the National Electrical Code and other applicable requirements.
Be familiar with the construction practices of the electrical wiring trade.
Be a master electrician.
The agency, its employees, and workers shall comply with all federal, state and local laws, ordinances, rules and regulations pertaining to any electrical inspection.
The agency agrees to maintain adequate records so that it can provide the Building Department with records of inspections when requested. Such records shall be maintained for a minimum of 10 years.
The agency will maintain an office in Monroe County staffed to receive telephone calls during normal business days for a minimum of six hours a day.
The agency shall establish a system to receive applications and issue inspection reports in accordance with the following:
The agency shall provide an application form, which shall include a copy for the Building Department.
The agency, in subsequent progressive inspections of the wiring system, shall establish a procedure for prompt notification of any noncompliance. This notice shall be served on the Building Department and the applicant.
Upon a finding of compliance, the agency shall issue a certificate of final compliance and shall provide a copy of the certificate to the Building Department and the applicant.
It shall be a violation of this article for any person, firm or corporation to install or cause to be installed, or to alter or repair electrical wiring for electric light, heat, power and signal systems operating on 50 or more volts, in or on properties in the Town of Penfield, until an application for inspection has been filed with an approved electrical inspector or inspection agency. It shall be a violation of this article for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for electric light, heat, power and signal systems operating on 50 or more volts to any source of electrical energy supply, prior to the issuance of a temporary certificate or a certificate of compliance by an approved inspector or inspection agency.
[Amended 12-16-2015 by L.L. No. 3-2015]
Any person, firm, company or corporation who or which shall omit, neglect or refuse to do any act required by this article, or who or which shall omit, neglect or refuse to do any act or condition imposed by the Town Board, Zoning Board of Appeals or the Planning Board, or who or which shall build any structure contrary to the plans or specifications submitted to the authorized official and certified by him/her as complying with this article, shall be subject to enforcement and penalties as set forth in Town Law § 268.
Each and every day that a violation of any of the provisions of this article continues after written notice shall have been served upon the person in violation of this article pursuant to the Civil Practice Law and Rules shall constitute a separate violation. In addition to the remedies set forth, the Town Board may institute an appropriate action to proceed to abate any violation of the provisions of this article or to compel compliance therewith.
Any person, firm, company or corporation who or which shall fail to acquire any permit or license herein required within 30 days of the time that said permit or license should have been acquired under this article shall pay to the Town Clerk, before the issuance of any said permit or license, a sum equal to three times the fee set for the issuance thereof.
The provisions of the article shall not apply to the electrical installation in mines, ships, railway cars, automotive equipment or the installations or equipment employed by a railway, electrical or communications utility in the exercise of its function as a utility, and located outdoors or in buildings used exclusively for that purpose. This article shall not apply to any work involved in the manufacture, assembly, test or repair of electrical machinery, apparatus, materials and equipment by a person, firm or corporation engaged in electrical manufacturing as his/her principal business.
This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electric wiring devices, appliances, or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Town of Penfield or the approved electrical inspector be deemed to have assumed any such liability by reason of any inspection made pursuant to this article.