[HISTORY: Adopted by the Town Board of the Town of Webster 5-14-1970 (Ch. 111 of the 1991 Code).
Amendments noted where applicable.]
[Amended 8-11-1983]
The chief inspector and each of the duly appointed
inspectors of any inspection organizations acceptable to and approved
by the Webster Town Board by resolution thereon are hereby authorized
and deputized as agents of the Town of Webster to make inspections
and reinspections of all electrical installations heretofore and hereafter
described and to approve or disapprove the same. In no event, however,
will the cost or expense of such inspections and reinspections be
a charge against the Town of Webster.
[Amended 8-10-1978]
A.
It shall be the
duty of the inspector to report, in writing, to the Building Inspector,
whose duty it shall be to enforce all provisions of this chapter and
all violations or deviations from or omissions of the electrical provisions
of the Building Code applicable to the Town of Webster 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 and reinspections of electrical installations
in and on properties in the Town of Webster upon the written request
of an authorized official of the Town of Webster or as herein provided.
The inspector is authorized to make inspections and reinspections
of electrical wiring, installations, devices, appliances and equipment
in or on properties within the Town of Webster 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 Town of Webster.
B.
It shall be the
duty of the inspector to furnish written reports to the proper officials
of the Town of Webster 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 Town of Webster to the attention of the Building Inspector.
[Amended 8-11-1983]
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 properties of the Town of Webster until an
application for inspection has been filed with any inspection organizations
approved by the Webster Town Board.
B.
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 properties for
light, heat or power to any source of electrical energy supply prior
to the issuance of a temporary certificate of compliance by any inspection
organizations approved by the Webster Town Board.
[Added 11-3-1983; amended 8-15-1985 by L.L. No. 3-1985]
This chapter shall apply only in that part of
the Town of Webster outside the Village of Webster.
The criteria for appointment of electrical inspection
organizations shall be as follows:
A.
Any approved electrical
inspection organization(s) (the "agency") shall be fully qualified
to conduct its business within the State of New York.
B.
The agency shall
at all times maintain currently effective insurance, including statutory
workers' compensation insurance, for its employees and workmen and
policies for public liability insurance for property damage and personal
injury in amounts established from time to time by the Town of Webster
(the "town"). The agency shall maintain such insurance policies in
full force and effect while performing inspections and submitted certificates
and shall provide current insurance policies evidencing such required
coverage at all times to the town. All such insurance companies engaged
must be solvent and must be licensed to do business within the State
of New York. All such policies must have a notice of cancellation
of policy coverage of a minimum of 20 days.
C.
The agency shall
furnish the Town of Webster with proof of its financial responsibility
and organizational continuity, the approval of which shall be solely
within the discretion of Town of Webster. Notwithstanding anything
else herein contained to the contrary, if at any time the agency's
proof of financial responsibility or of its organizational continuity
shall be deemed unacceptable in the sole discretion of the town, the
town shall so notify the agency. If, within 10 days after receipt
of such notice, the agency has not sufficiently remedied the deficient
condition, the town shall, on notice, be entitled to immediately terminate
the agency's status as a qualified electrical inspection organization,
which will thereupon lapse.
D.
The agency shall
require all wiring to meet standards of the latest revisions of the
National Electrical Code and of any applicable code prescribed by
the State of New York or the political subdivision in which the inspected
premises are located and shall further comply with all applicable
codes, rules and regulations of the Town of Webster.
E.
The agency shall
not compete with any other approved electrical inspection organizations
in any manner which would cause it to reduce the quality of its inspections.
The agency shall not knowingly accept an application at any given
location from any applicant who has received notice of any violations
from another agency. The agency shall make such inquiry on its standard
application form.
F.
Each agency shall
be required to maintain a file of current inspection charges with
the Town of Webster. Established charges will be applied uniformly
and will not be discounted. Inspections and reports shall be made
only by qualified electrical inspectors. The agency shall have a minimum
of two full-time employees within the greater Rochester, New York,
area. The agency shall ensure that the inspectors it employs have
adequate experience, education and training as follows:
(1)
Each inspector
shall have a working knowledge of the principles of electricity necessary
to interpret the National Electrical Code, the New York State Electrical
Code and all Town of Webster Electrical Codes.
(2)
Each inspector
shall know the requirements of the National Electrical, New York State
and Town of Webster Codes and any other applicable requirements.
(3)
Each inspector
shall be familiar with the construction practices of the electrical
wiring trade.
(4)
As a condition
of qualification as an approved electrical inspection organization,
the agency and each individual inspector that it engages shall provide
an affirmation that it, he or she does not nor will engage in or have
any interest, direct or indirect, with any wholesaler or retailer
of electrical equipment that transacts any business in the State of
New York and that the individual inspector will not engage in the
work of an electrician anywhere within the State of New York, except
that an inspector may do electrical work on his own personal dwelling
residence situated in the Town of Webster. However, if an inspector
does electrical work on his own personal dwelling residence for which
a license is required pursuant to the Webster Code, such electrical
work shall be inspected by another authorized person who is qualified
to conduct inspections in the Town of Webster.
G.
The agency, its
employees and workmen shall comply with all federal, state and local
laws, ordinances, rules and regulations pertaining to any electrical
inspection.
H.
The agency agrees
to maintain adequate records so that it can provide the Town of Webster,
its customers and municipal officials with records of inspections
upon request. Such records will be maintained by the agency for a
minimum of six years.
I.
The agency will
maintain an office in the greater Rochester, New York, service area
staffed to receive telephone calls during normal business days for
a minimum of six hours per day.
J.
The agency shall
establish a system to receive applications and issue inspection reports
in accordance with the following:
(1)
The agency
shall provide an application form executed by an authorized representative
of the service contractor and shall forward a copy thereof to the
Webster Building Inspector and the applicant/customer.
[Amended 3-7-1991 by L.L.
No. 1-1991]
(2)
The agency
shall issue a certificate to the Town of Webster giving notice that
an inspection of the electrical service entrance has been made and
it is safe to energize the service. The certificate shall be issued
in a timely manner to ensure that customers are not subjected to undue
delay in receiving electric service.
(3)
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 Fire Marshal and the Building Inspector
of the Town of Webster and the applicant/customer.
[Amended 3-7-1991 by L.L.
No. 1-1991]
(4)
Upon a finding
of compliance, the agency shall issue a certificate of final compliance
and shall provide a copy of the certificate to the Webster Building
Department and the applicant/customer.
K.
When requested
by the Town of Webster, the agency will perform reinspection(s) of
an existing dwelling and submit a formal report of its determinations
and findings to the Town of Webster or customer in letter form.
L.
All charges for
inspections, reinspections, etc., as provided above shall be without
cost to the Town of Webster.
[Amended 3-7-1991 by L.L.
No. 1-1991; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Agency(s) seeking acceptance to provide electrical
inspection services within the Town of Webster shall submit documentation
certifying the aforementioned requirements to the Fire Marshal of
the Town of Webster, with copies thereof to the Town Building Inspector
and the Commissioner of Public Works or his/her division heads, agents
or designees. Acceptance or denial, in writing, from the Town Board
of Webster will be provided to the applying electrical inspection
agency. Upon approval of documentation of qualifications and compliance
with standards, notice thereof will be filed with the Town Clerk and
be available for public inspection.
[Amended 3-7-1991 by L.L.
No. 1-1991]
Any change in the above standards or change
in the status of the business of the agency will be reported to the
Fire Marshal of the Town of Webster, with a copy thereof to the Building
Inspector, within 30 days thereof, in written form, signed by the
agency.
[Amended 3-7-1991 by L.L.
No. 1-1991]
If at any time any person, including an official
or employee of the Town of Webster, deems that an individual inspector
or the agency is incompetent, guilty of misconduct or unqualified,
such person shall file his complaint, in writing, with the Town Clerk
and the Fire Marshal and Building Inspector. The Webster Town Board
shall hear or designate a hearing officer to conduct a hearing within
30 days after the filing of the complaint, at which time the complainant
and the accused agency and/or inspector shall be present and present
testimony and witnesses on their behalf. The designated hearing officer,
after conducting said hearing, shall forward his recommendation and
the basis thereof to the Town Board. Within 30 days of receipt thereof,
the Town Board shall, by majority vote, determine whether to revoke,
suspend or take no action on the complaint, such determination to
be made in writing and filed with the Town Clerk and the enforcing
officers within 15 days thereafter. If any member of the Town Board
or the enforcing officer or officers shall be the complainant, such
complainant shall not be entitled to vote upon such complaint.
This Article shall not be construed to relieve
from or lessen the responsibility of any agency, or of any person
owning, operating, controlling or installing any electrical wiring
devices or equipment, for loss of life or damage to persons and property
caused by any defect therein, nor shall the Town of Webster or its
inspectors be deemed to have assumed any such liability by reason
of any inspection made pursuant to the requirements of the aforesaid
standards.
Any notice(s) hereby required shall be delivered
by certified or registered mail, return receipt requested:
A.
The Fire Marshal
shall at least annually review the qualifications of each electrical
inspection agency.
B.
Upon request,
such agency shall promptly provide to the Webster Fire Marshal evidence
of insurance coverage and any business records pertaining to the qualification
by the agency and its employees related to its (their) services provided
to the Town of Webster.
C.
Such records
shall be maintained in confidence by the Town of Webster, and the
information contained therein shall be accessible only to the Webster
Fire Marshal, the Town Board, the Town Attorney or other town officials
requiring access to such records.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any applicant deemed qualified as an approved
electrical inspection organization shall pay a nonrefundable fee as
set by the Town Board by resolution to the Town on an annual basis,
commencing on January 1, 1986.
