Town of East Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Fishkill 3-14-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.

§ 96-1 Title.

This chapter shall be known as the "Electrical Code of the Town of East Fishkill."

§ 96-2 Purpose.

Since there is danger to life and property inherent in the use of electrical energy, this chapter regulates the manner in which wiring is installed for electric light, heat, power and signal systems operating on 50 or more volts in or on all real property within the Town of East Fishkill.

§ 96-3 Adoption of standards.

All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electric Code except where the provisions of this chapter or any local law, ordinance or the New York State Uniform Fire Prevention and Building Code (the "Building Code") shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or code shall be recognized as proper compliance with this chapter. The requirements of the National Electric Code shall be those known as "National Fire Protection Association Pamphlet No. 70" as approved and adopted by the American Standards Association.

§ 96-4 Approval required.

A. 
It shall be a violation of this chapter for any person to install or cause to be installed, or to alter or repair, electrical installations referred to in § 96-2 of this chapter, until an application for inspection has been made.
B. 
It shall be a violation of this chapter for any person to connect, or cause to be connected, electrical wiring for installations referred to in § 96-2 of this chapter to any source of electrical energy prior to the issuance of a temporary certificate by a qualified electrical inspector.

§ 96-5 Penalties for offenses.

A. 
Any person, firm or corporation violating any provision of any section of this chapter or who shall violate or fail to comply with any order made thereunder or who shall falsify plans or statements filed thereunder or who shall continue to work upon any building after having received written notice from the Building Inspector to cease work shall be guilty of an offense and punishable by a fine not to exceed $1,000 or imprisonment not to exceed one year, or both. However, for the purpose of conferring jurisdiction upon the courts and judicial officers, generally, violations of this chapter shall be deemed misdemeanors and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each week's continued violations shall constitute a separate additional violation. Notice of violation shall be sufficient if directed to such owner, the agent of such owner, or the contractor and left at the person's last known place of residence or business.

§ 96-6 Qualified Electrical Inspectors.

A. 
Any person or organization may apply to the Town Board for permission to conduct electrical inspections in the Town of East Fishkill. The application shall be in writing on such forms as may be prescribed by Town Board resolution and shall be accompanied by a nonrefundable application fee in an amount as set from time to time by the Town Board and an insurance certificate showing statutory workers' compensation coverage for 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
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 a recommendation as to approval or rejection to the Town Board. The Town Board shall, within 30 days, either approve or reject the application. In the event that the Town Board fails to act on the application within said time limit, such application shall be deemed to be approved.
C. 
Upon approval, the Building Inspector shall issue a letter to the applicant certifying that the applicant has been found to be a qualified Electrical Inspector in the town. Such certification shall be valid until such 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 a defense. In the event that the application is not approved, the applicant shall be given an opportunity to secure approval from the Town Board at a hearing to be conducted by the Town Board within 30 days of such rejection.
D. 
The Building Inspector shall at all times maintain a list of qualified Electrical Inspectors with their current business addresses and telephone numbers.

§ 96-7 Duties of qualified Electrical Inspectors.

A. 
Qualified Electrical Inspectors may make inspections and reinspections of all electrical installations referred to § 96-2 of this chapter, and, where an installation is found to be in compliance with this chapter, may issue temporary certificates and certificates of compliance. Copies of such certificates shall be filed with the Building Inspector within two business days after issuance. Such inspections and reinspections shall be at the request and expense of the property owner.
B. 
Qualified Electrical Inspectors shall report in writing to the Building Inspector of the Town of East Fishkill all violations of the NYSFPBC and NEC insofar as they relate to electrical inspections in the town as referred to in § 96-2 of this chapter.
C. 
Such Inspectors shall make inspections and reinspections of electrical installations in the town, as referred to in § 96-2 of this chapter, upon the written request of the Building Inspector, or, in the event of an emergency, upon the oral request of the Building Inspector or any other town official.
D. 
No Inspector or inspection agency shall knowingly accept an application for any location or installation that has previously been rejected due to violations by any other Inspector or inspection agency.

§ 96-8 No waiver or assumption of liability.

This chapter shall not be construed to relieve or diminish the responsibility of any person owning, leasing, operating, controlling or installing any electrical installations referred to in § 96-2 of this chapter for loss of life or injury or damage to any person or property caused by any defect or negligence therein, nor shall the town or any of its agents, servants or employees be deemed to have assumed any such liability for any reason, including any inspection, reinspection or the issuance of any certificates pursuant to this chapter.

§ 96-9 Nonapplicability.

The provisions of this chapter shall not apply to the electrical installations in mines, ships, railway cars or 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, testing or repair of electrical machinery, apparatus, materials and equipment by a firm, person 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 the State of New York.