[HISTORY: Adopted by the Town Board of the Town of Batavia 11-8-1988
by L.L. No. 3-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 89.
The Town of Batavia, by enactment of Local Law No. 2 of the year 1984,
has provided for enforcement of the New York State Uniform Fire Prevention
and Building Code,[1] and, recognizing that said code in Parts 850 and 1030.1 provides
minimum parameters for the design, installation and location of electrical
wiring, systems and equipment operating on 50 volts or more, wishes to more
fully implement the aforesaid provisions and facilitate enforcement of the
same.
All electrical installations heretofore mentioned shall be made in conformity
with the requirements of the National Electrical Code, except when the provisions
of this chapter or any other local law, ordinance or building code of the
town provide otherwise, 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 Protection Association Pamphlet No. 70,"
as approved and adopted by the American Standards Association.
A.
The Building Inspector of the Town of Batavia shall be
and is hereby authorized to appoint and deputize as agents of the Town of
Batavia, for the purpose of making inspections and reinspections at reasonable
times and places and upon reasonable notice of all electrical installations
regulated and covered by the New York State Uniform Fire Prevention and Building
Code, and to approve or disapprove said installations, such persons, agencies
or organizations as, in the opinion and discretion of the Building Inspector,
shall be qualified to conduct the same. In no event shall the cost or expense
of such inspections or reinspections be a charge against the Town of Batavia.
B.
It shall be the duty of such person, organization or
agency duly appointed and deputized as provided in this chapter to report
in writing to the Building Inspector of the Town of Batavia all violations
of or deviations from the provisions of the National Electrical Code and of
all local laws and the building code insofar as any of the same shall apply
to electrical wiring, systems and equipment covered by this chapter. Such
deputized inspector shall make inspections and reinspections of electrical
installations in and on properties in the Town of Batavia upon the written
request of the Town of Batavia Building Inspector.
C.
It shall be the duty of such appointed and deputized
electrical inspector to issue a certificate of compliance only when electrical
installations and equipment are found to be in conformity with the provisions
of the National Electrical Code and this chapter. He shall direct a copy of
the certificate of compliance or the official denial thereof to the Building
Inspector of the Town of Batavia.
Any installation or alteration of an electrical system or electrical
wiring that is covered and regulated by the provisions of the New York State
Uniform Fire Prevention and Building Code, the National Electrical Code, or
a local law of the Town of Batavia without the issuance of a certificate of
compliance as hereinabove provided shall be a violation of this chapter. Any
person, firm or corporation who or which shall violate the provisions of this
chapter shall be subject to all penalties and remedies provided by Article
18 of the Executive Law of the State of New York as the same pertains to violations
of the New York State Uniform Fire Prevention and Building Code.
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 railway, electrical or communication utilities in
the exercise of their 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 his or 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 of America or the State of New York.
This chapter shall not be construed to relieve from or lessen the liability
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 Town of Batavia, its
Building Inspector, or the deputized electrical inspector be deemed to have
assumed any such liability by reason of any inspection made pursuant to this
chapter.
