City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972 as Arts. I and III of Ch. 9 of the 1972 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fees for out-of-town electricians — See Ch. 115.
Uniform Fire Prevention and Building Code — See Ch. 119.

§ 103-1 Definitions.

As used in this chapter, the following terms shall have the following meanings, unless the context requires otherwise:
CERTIFICATE OF APPROVAL
A certificate issued by the New York Board of Fire Underwriters, Bureau of Electricity.[1]
INSPECTOR
The person or persons authorized and required by this chapter to make electrical inspections within the City of Beacon, New York.
MASTER ELECTRICIAN
Includes any person who engages in or carries on the business of installing, erecting, altering or repairing electrical wiring, apparatus, fixtures, devices, appliances and equipment utilized or designed for the utilization of electricity for light, heat or power purposes or for installing signaling systems operating on 50 volts or more and any person who performs or supervises the performance of work done in connection with the installation, erection, alteration, extension or repair of electrical wiring, apparatus, fixtures, devices, appliances and equipment for light, heat or power purposes or for signaling systems operating on 50 volts or more and any person who contracts to do any of the foregoing.
PERSON
Includes an individual, firm, partnership or corporation.
SPECIAL ELECTRICIAN
Includes any person who is in the exclusive employ of the owner, lessee or manager of a building, plant or structure and whose employment consists wholly or partly of the work of maintaining and repairing 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.
[1]
Editor's Note: The former definition of "Board" was repealed 5-17-1993.

§ 103-2 Applicability.

The provisions of this chapter shall not apply to persons engaged solely in selling or solely in the attachment of ordinary electric appliances to existing circuits where no joining or splicing of electrical conductors is required; nor to the installation, maintenance or repair of elevators; nor 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; nor to 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 companies, as defined by the Transportation Corporations Law of this state or municipal plants authorized to generate or sell electricity; nor to 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; nor to emergency repairing of wiring and appliances on consumer's premises necessary for the protection of life and property; nor to the work of companies incorporated for the transmission of intelligence by electricity in installing, maintaining or repairing wires, apparatus or fixtures or other appliances.

§ 103-3 Installation standards.

[Amended 5-21-1990; 6-17-1991]
All installations or electrical work, all extensions thereto and all alterations thereof within the City shall be in conformity with the provisions of this chapter and of any other law or of any ordinance, local law or building code of the City 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 where no specific standards are prescribed by law, conformity with the regulations and requirements contained in the National Electrical Code referenced and incorporated into the New York State Uniform Fire Prevention and Building Code shall be prima facie evidence of conformity with approved standards for safety to life and property.

§ 103-4 Inspectors.

A. 
The Chief Inspector, duly appointed as the representative of the New York Board of Fire Underwriters, Bureau of Electricity, and authorized and required as such representative to make electrical inspections within the City or within an area which includes the City, and each of his duly appointed deputy and assistant inspectors are hereby authorized and deputized as agents of the City to make inspections and reinspections of all electrical installations within the City and all extensions thereto and alterations thereof and to approve or disapprove the same.
B. 
No inspector shall engage in the business of master electrician, either directly or indirectly, nor shall he have any financial interest in or connection with any person, firm, partnership or corporation conducting such business.
C. 
The inspector shall have the right, during reasonable hours, to enter any building in the discharge of his official duties or for the purpose of making any inspection, reinspection or test of the installation of electrical wiring, devices, appliances and equipment contained therein and shall have the authority to cut or disconnect any wire in cases of emergency where necessary for the safety of life or property, or, where such wire may interfere with the work of the Fire Department, he is also authorized to disconnect or order the discontinuance of electrical service to any electrical wiring, devices, appliances or equipment found to be dangerous to life or property because it is defective or defectively installed, until it has been made safe and been approved by him.
D. 
It shall be the duty of the inspector to make an inspection of any premises wherein a fire or explosion has occurred, and, for such purpose, it shall be the duty of the Chief of the Fire Department of the City, within 24 hours after such occurrence, to report or cause to be reported to the office of the New York Board of Underwriters, Bureau of Electricity, from which such inspector operates the address or location of such premises and to furnish such other information and assistance with respect thereto as such inspector may require.
E. 
The inspector shall make, periodically, a thorough reinspection of the installation of all electrical wiring, devices, appliances and equipment now or hereafter installed within the City and within the scope of this chapter, and when any such installation is found to be in a dangerous or unsafe condition, the person, firm or corporation owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place the same in safe condition and have such work completed within 15 days, or such longer time as may be specified by the inspector in such notice. Upon the expiration of the time specified in the notice given under this subsection and upon the failure of the person, firm or corporation owning, using or operating the electrical wiring, devices, appliances and equipment to comply with the order and notice, the Building Inspector shall forthwith make an order directing the public utility which supplies electrical services to the premises and to any electrical wiring, devices, appliances or equipment to disconnect and discontinue such electrical service and to remove or lock the electrical meter of the premises until further notice by the Building Inspector. A copy of such order shall also be mailed to the person, firm or corporation owning, using or operating the electrical wiring, devices, appliances and equipment.
[Amended 5-17-1993]
F. 
When a tenant removes from a building or any portion of a building used wholly or partly for mercantile, industrial or commercial purposes, the electric meter shall be removed or locked by the public utility company furnishing electric service to such tenant, and electricity shall not be resupplied to the premises from any source until a new inspection has been made.

§ 103-5 Permit required to make connection to installations.

A. 
It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy to any electrical wiring, devices, appliances or equipment for the installation, extension or alteration of which a permit is required by law until a certificate of approval or a permit has been issued authorizing such connection and the use of electrical wiring, devices, appliances or equipment.
B. 
It shall be unlawful for any person, firm or corporation to make connection from a source of electrical energy to any electrical wiring, devices, appliances or equipment which has been disconnected or ordered to be disconnected by the inspector or the use of which has been ordered by the inspector to be discontinued, until a certificate of approval has been issued by him authorizing the reconnection and the use of such electrical wiring, devices, appliances or equipment.

§ 103-6 Permit required to install, repair or alter wiring.

It shall be a violation of this section for any person to install, alter or repair any electrical wiring in the City until such time as proper application has been filed with the New York Board of Fire Underwriters, Bureau of Electricity, and a permit obtained. No such permit shall be issued to any person, firm or corporation unless he or it is the holder of a license as a master electrician under this chapter.

§ 103-7 Employment of unlicensed electricians unlawful.

It shall be unlawful for any person to employ an unlicensed electrician to do any electrical work in the City.

§ 103-8 Disposition of moneys paid to Building Inspector.

[Amended 5-17-1993]
All fees, fines and penalties derived by the Building Inspector from the operation of this chapter shall be turned over by the Building Inspector to the Treasurer or other fiscal officer of the City exercising corresponding functions within 10 days after they are received, and such moneys shall be paid by such Treasurer into the general fund of the City and shall be available for use for any lawful City purpose.

§ 103-9 Liability for damage; insurance.

A. 
This chapter shall not be construed to relieve from nor 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 City be deemed to have assumed any such liability by reason of any inspection made or license issued pursuant to this chapter.
B. 
Every licensed electrician shall, at the time of the issuance of a license, the renewal of a license or the issuance of an electrical permit, carry a minimum of $500,000 in liability insurance with a stipulation that such insurance names the City of Beacon as an additional insured. A certificate from the insurance carrier certifying such coverage shall be filed by the electrician at the time his or her license is issued, at the time of renewal or when a permit is granted.
[Added 5-21-1990]

§ 103-10 Review of actions of Building Inspector.

[Amended 5-17-1993]
Any action of the Building Inspector may be reviewed by any person aggrieved thereby in any court of competent jurisdiction by a proceeding instituted under the provisions of Article 78 of the Civil Practice Act.[1]
[1]
Editor's Note: See now Article 78 of the Civil Practice Law and Rules.

§ 103-11 Penalties for offenses.

[Amended 3-16-1992 by L.L. No. 2-1992]
Any person who shall directly or indirectly engage in or work at the business of master electrician in the City without a license therefor or who shall violate any of the provisions of this chapter or of any rule or regulation made pursuant to thereto or who, having had his license suspended or revoked, shall continue to engage in or work at the business of master electrician shall, upon conviction thereof, be punishable by a penalty as prescribed in § 1-3.

§ 103-12 License required to perform work of master electrician.

No person shall hereafter engage in, carry on or conduct the business of master electrician, nor do or perform or offer or undertake or contract to do or perform the work of a master electrician within the City, nor hold himself out to the public, directly or indirectly, as being able so to do unless licensed therefor pursuant to this article or unless employed under the direction of a person so licensed.

§ 103-13 License required to perform work of special electrician.

No person shall hereafter engage in, undertake or perform the work of a special electrician, nor agree to do or perform such work in the City, nor hold himself out to the public, directly or indirectly, as being able so to do unless licensed therefor pursuant to this article, and no person shall directly or indirectly hire, employ, engage or suffer or permit any person to do the work of a special electrician unless such person is licensed as a special electrician pursuant to this article.

§ 103-14 Application for license as master electrician.

[Amended 5-17-1993]
A. 
Every person desiring a license as a master electrician under this article shall make application therefor to the Building Inspector in such form and detail as the Building Inspector may prescribe. Such application shall state, among other things, the name and place of business of the applicant, the class of license applied for and the name of the representative of the applicant, who will take the examination for the license and who will act as the supervisor of the work to be done under the license, if granted. If the applicant is a corporation, any one of the officers of the corporation who owns and holds at least 25% of the issued and outstanding capital stock may be designated as the representative of the applicant for such purposes.
B. 
A person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial purposes or industrial purposes, desiring a license as a master electrician so that the work of a master electrician may be regularly performed in such a plant, may make application therefor to the Building Inspector in such form and detail as the Building Inspector may prescribe or may regularly employ a licensed master electrician for such purpose. Such application shall state, among other things, the name and nature of the business of the applicant, the location and description of the buildings or structures constituting the plant of the applicant where the work of a master electrician will be performed under the license, if granted, and the name of the representative of the applicant who will take the examination for the license and who will act as the supervisor of the work to be done under the license granted.

§ 103-15 Application for license as special electrician.

[Amended 5-17-1993]
Every person desiring a license as a special electrician under this article shall make application therefor to the Building Inspector in such form and detail as the Building Inspector may prescribe. Such application shall state, among other things, the name and residence address of the applicant, the name and business address of the person employing or who desires to employ the applicant and the nature and extent of the experience of the applicant in work as a special electrician.

§ 103-16 Fee to accompany application.

Each application for a license under this article shall be accompanied by cash, check or money order for the amount of the license fee prescribed by this article for the type or class of license desired. The fee shall be returned to the applicant upon failure to pass the examination.

§ 103-17 License examinations.

[Amended 5-21-1990; 5-17-1993; 7-6-2010 by L.L. No. 10-2010]
Applicants for the licensure examination must pay a filing fee of $50 at the time such application is submitted. The initial license fee as set forth in the City of Beacon fee schedule[1] is also due at that time. If the applicant, upon review, is found to be ineligible to take the examination, the initial license fee is hereby refunded to the applicant.
[1]
Editor's Note: The fee schedule is on file in the City offices.

§ 103-18 Reexamination of applicants.

An applicant or the representative of an applicant who has failed in his first examination shall not be eligible for reexamination until one month 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.

§ 103-19 Other prerequisites for master electrician.

[Amended 5-17-1993; 6-17-1996 by L.L. No. 5-1996]
No license as a master electrician shall be granted to any person unless he shall prove to the satisfaction of the Building Inspector that he is a competent electrician and qualified to do electrical contracting, construction and installation work and electrical wiring; and has a working knowledge of electricity and the natural laws, properties and functions of electricity and of appliances, apparatus, materials and devices for electric light, heat, power and signaling purposes used and required in such work, combined with a practical knowledge of the requirements and provisions of the National Electrical Code, a knowledge of regulations and provisions of the electrical installation of the public utility company supplying electricity in the City and a knowledge of the provisions of this chapter and the rules and regulations of the Building Inspector and the laws of the state, if any, and of the City for installation of electrical wiring, devices, appliances and equipment and of the provisions thereof requiring permits therefor.

§ 103-20 Other prerequisites for special electrician.

[Amended 5-17-1993]
No license as a special electrician shall be granted to any person unless he shall prove to the satisfaction of the Building Inspector that he is a competent electrician and qualified to do electrical repairing and maintenance work; has a working knowledge of electricity and the natural laws, properties and functions of electricity and of appliances, apparatus, materials and devices for electric light, heat, power and signaling purposes used or likely to be used in the building, plant or structure where he is or will be employed, combined with a practical working knowledge of the requirements and provisions of the National Electrical Code; and has a knowledge of the provisions of this chapter and the rules and regulations of the Building Inspector and the laws of the state, if any, and of the City for the repair and maintenance of electrical wiring, devices, appliances and equipment.

§ 103-21 Age restriction.

No license shall be granted under this article to any person who is less than 21 years of age or does not comply with the New York State Workers' Compensation Law.

§ 103-22 Issuance of licenses.

[Amended 5-21-1990; 5-17-1993; 3-18-2002 by L.L. No. 11-2002; 10-7-2002 by L.L. No. 26-2002; 12-15-2008 by L.L. No. 15-2008; 7-6-2010 by L.L. No. 10-2010]
The Building Inspector may issue licenses under this article as follows:
A. 
Master electrician's license, Class A. A master electrician's license, Class A, shall authorize the licensee to engage in the business of master electrician within the City. In order to change the expiration date of all electricians' licenses to December 31 of each calendar year in which they are issued, it is provided that as of June 30, 2002, electricians are hereby given the option of obtaining a six-month license to end on December 31, 2002. A fee for such licenses shall be collected as set forth in the City of Beacon fee schedule.[1]
[1]
Editor's Note: The fee schedule is on file in the City offices.
B. 
Master electrician's license, Class B. A master electrician's license, Class B, shall authorize the licensee to engage in the business of master electrician in the City, but only for the purpose of undertaking, performing and completing a single continuous job or installation at one location or property. Properties with multiple buildings shall require a separate Class B license for each building. The master electrician's license Class B shall end at the conclusion of the single continuous job or installation at one location or property for which it is issued. A fee for such licenses shall be collected as set forth in the City of Beacon fee schedule.
C. 
Special electrician's license. A special electrician's license shall authorize the licensee to perform only the work of a special electrician for an employer and at a location designated and specified in the license for a period ending the 31st of December of the year in which it is issued. Such a license shall not authorize the holder thereof to engage in, perform or supervise the work of installing, erecting, altering or extending electrical wiring, apparatus, fixtures, devices, appliances and equipment for light, heat or power purposes or for signaling systems operating on 50 volts or more or otherwise to do or perform the work of a master electrician, and all persons licensed as special electricians under this article are prohibited from performing or supervising such work. The fee for such license is as set forth in the City of Beacon fee schedule. Such a license may be renewed annually on or before the expiration thereof for periods of one year upon payment of an annual renewal fee set forth in the City of Beacon fee schedule. Upon receipt of a proper application therefor, the Building Inspector shall grant the holder of such a license permission to do the work of a special electrician for an employer or at a location not designated in the license in lieu of the one designated therein without any additional fee, and a new license specifying the new employer and/or the new location, as the case may be, is hereby issued upon the surrender of the old license.

§ 103-23 Licenses nontransferable.

No license issued under this article shall be assignable or transferable.

§ 103-24 Contents of license.

A. 
Each license as a master electrician issued under this article shall specify the name of the person, firm, partnership or corporation licensed, who or which shall be known as the holder of the license, and shall also specify the name of the person who has passed the examination, and such person shall be designated in the license as the supervisor of all work to be done under the license.
B. 
The person designated as the supervisor may be a person in the employ of the holder of the license; or, if the holder is an individual, may be the holder himself; or, if the holder is a firm or partnership, may be a member thereof; or, if the holder is a corporation, may be an officer of the corporation, provided that he has the requisite qualifications of stock ownership prescribed in this article therefor.
C. 
The same person shall not be designated as the supervisor in two or more licenses issued to different holders.
D. 
In the event that the business association of the supervisor with, or the employment of the supervisor by, the holder of the license shall terminate, the holder shall notify the Building Inspector of that fact forthwith and shall promptly designate another person as the representative of the holder, who shall submit himself for the examination to the Building Inspector when notified so to do. If no such new designation is made within 30 days after the termination of the association or employment of the former supervisor, the license of the holder shall become null and void on the 30th day following such termination.
[Amended 5-17-1993]
E. 
All licenses 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 Building Inspector.
[Amended 5-17-1993]

§ 103-25 License to be displayed.

Each license issued under this article shall at all times be kept conspicuously displayed in the place of business or employment, as the case may be, of the licensee.

§ 103-26 Renewal of Class A master electrician's license.

No Class A master electrician's license shall be renewed if the licensee has not actively engaged in business as a master electrician during a period of one year or more immediately preceding the application for renewal. Any such license not renewed within the time prescribed by this section shall lapse at the expiration of its term, and the holder of such license must thereafter qualify for an original license under this article and comply with all the requirements and provisions of this article relative thereto.

§ 103-27 Additional requirements for Class A master electrician's license.

A. 
No person otherwise qualified shall engage in, carry on or conduct the business of master electrician within the City until he has first procured from the Building Inspector a metal, glass or wood plate or sign appropriately lettered or marked "Licensed Master Electrician," such plate or sign to be conspicuously posted in the window or on the door or outer entrance, visible from the street, of the place of business of the licensee, not in violation of any Zoning Ordinance. A person retiring, abandoning or not actually engaged in the business of master electrician, or whose license has expired or has been suspended or revoked, shall surrender to the Building Inspector such plate or sign and shall not again engage in such business until he is licensed and/or has again procured such plate or sign as herein provided.
[Amended 5-17-1993]
B. 
The Building Inspector shall prepare metal, glass and/or wood plates or signs, at least 14 inches wide and not less than 22 inches in length appropriately lettered or marked "Licensed Master Electrician," the lines of each letter to be not less than three inches long and five-eighths (5/8) of an inch wide; such plate or sign shall, on some part thereof, contain an identification number, which number, together with the name and location of the place of business of the person to whom issued, shall be recorded in the office of the Building Inspector. Every person to whom a Class A master electrician's license is granted under this article, upon the payment of a fee equal to the cost of the plate or sign to the Building Inspector, shall have issued to him a plate or sign as herein described.
[Amended 5-21-1990; 5-17-1993]
C. 
Any person to whom such plate or sign has been issued who shall loan, rent, sell or transfer the same to another person, whether such person is entitled to receive a similar plate or sign or not, or otherwise willfully violate the provisions of this section shall be punishable by the Building Inspector by a fine not exceeding $50 for the first offense and not less than $100 nor more than $250 for a subsequent offense and, in addition thereto, shall forfeit his license under this article.
[Amended 5-17-1993]
D. 
Each Class A master electrician licensed under this article shall have a telephone listed under his name and shall display his name on the directory or on the outer entrance of the building in which his place of business is located and on all stationery, advertisements and other printed matter used in connection with his business.
E. 
If any Class A master electrician licensed under this article does not maintain a regular place of business by reason of the fact that he is exclusively employed by a person who owns, leases, manages, maintains or operates one or more buildings or structures constituting a plant occupied or used for commercial or industrial purposes, such licensee shall not be required to procure or display a sign, have a telephone or display his name as provided in this section.

§ 103-28 Suspension or revocation of license.

[Amended 5-21-1990; 3-16-1992 by L.L. No. 2-1992; 5-17-1993]
A. 
Any license issued under this article may be suspended or revoked, in the discretion of the Building Inspector, after hearing upon due notice held upon charges given to the licensee and an opportunity to be heard in his defense in person and/or by attorney, if the Building Inspector is so 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 or of any other law or of any ordinance, local law or the building code of the City governing electrical work or requiring permits therefor or any requirement contained in the rules and regulations of the current National Electrical Code, National Fire Protection Association.
B. 
The Building Inspector may, in lieu of suspending or revoking a license under this article, impose a penalty as provided for in § 1-3, General penalty, and may suspend the license until such fine is paid.