[HISTORY: Adopted by the City Council of the City of Newburgh 11-13-1967 (Ch. 8, Arts.
I and II, Secs. 8-1 through 8-12, of the Code of Ordinances). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
following meanings, unless the context requires otherwise:
The Board of Electrical Examiners of the City established
by this Code.[1]
A certificate issued by an electrical inspection agency approved
by the Chief of the Fire Department of the City.
[Amended 6-13-1988 by L.L. No. 4-1988]
The person or persons authorized and required by this article
to make electrical inspections within the City.
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 signaling systems operating on 50 volts or more and
any person who performs or supervises the performances 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.
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.
[Amended 10-9-1979 by Ord. No. 2; 1-24-1994 by Ord. No. 2-94; 5-10-2010 by Ord. No. 7-2010]
The National Electrical Code, most recent edition, as published
by the National Fire Protection Association, shall constitute the
Electrical Code of the City. A copy of this code shall be placed on
file in the office of the City Clerk.
All electrical installations shall be in accordance with the Electrical Code as provided in § 155-2.
All installations of 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[1] 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 no specific standards
are prescribed by law, conformity with the regulations and requirements
contained in the National Electrical Code as approved by the American
National Standards Institute shall be prima facie evidence of conformity
with approved standards for safety to life and property.
The provisions of this chapter shall not apply to:
A.
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.
B.
Installation, maintenance or repair of elevators.
C.
Any work involved in the manufacture, assembly, test or repair of
electrical machinery, apparatus, materials and equipment by a person
engaged in electrical manufacturing as their principal business.
D.
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
connection on the premises where used by public 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 on the property of such
companies or plants after installation.
E.
Emergency repairs of wiring and appliances on consumer's premises
necessary for the protection of life or property.
F.
The work of companies incorporated for the transmission of intelligence
by electricity in installing, maintaining or repairing wires, apparatus
or fixtures or other appliances.
[Amended 10-9-1979 by Ord. No. 2]
A.
Required. It shall be a violation of this chapter for any person
to install, alter or repair any electric wiring in the City until
such time as proper application has been filed with an electrical
inspection agency approved by the Chief of the Fire Department of
the City and a permit obtained.
[Amended 6-13-1988 by L.L. No. 4-1988]
B.
Issuance. No such permit shall be issued to any person unless he
is the holder of a license as granted by the Board of Electrical Examiners
under this chapter. Exception: an owner who is also an occupant of
a single-family or two-family dwelling may be issued such permit for
electrical work on the premises in which he resides without being
a holder of a license granted by the Board of Electrical Examiners.
[Amended 1-24-1994 by Ord. No. 2-94]
[Amended 10-9-1979 by Ord. No. 2; 6-13-1988 by L.L. No. 4-1988]
No installation shall be connected to any source of any electrical
supply until a certificate of inspection and approval has been issued
by an electrical inspection agency approved by the Chief of the Fire
Department of the City; provided, however, that he may accept reports
of recognized inspection agencies after investigation of their qualifications
and reliability. No certificates, however, called for by any provision
of this chapter shall be based on such reports unless the same are
in writing and certified by a responsible officer of such agency.
[Amended 10-9-1979 by Ord. No. 2]
A.
Authority of inspectors. The chief inspector, duly appointed as the
representative of an electrical inspection agency approved by the
Chief of the Fire Department of the City, is 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 deputies and assistant inspectors are hereby authorized
to make inspections and reinspections of all electrical installations
within the City and all extensions thereto and alterations thereof
and to approve or disapprove same.
[Amended 6-13-1988 by L.L. No. 4-1988]
B.
Prohibited interests of inspectors. No inspector shall engage in
the business of master electrician, either directly or indirectly,
nor shall be have any financial interest in or connection with any
person conducting such business.
C.
Right of entry; disconnection of service. 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 electric 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 electric
wiring, devices, appliances or equipment found to be dangerous to
life or property because they are defective or defectively installed,
until they have been made safe and been approved by him.
D.
Inspection after fire or explosion. 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 Fire
Insurance Rating Organization 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.
Periodic reinspections. The inspector shall periodically make 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 article, and when any such installation
if found to be in a dangerous or unsafe condition, the person owning,
using or operating the same shall be notified in wiring and shall
make the necessary repairs or changes required to place the same in
a safe condition and have such work completed within 15 days or such
longer time as may be specified by the Inspector in such notice.
F.
Removal of tenant. 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 these premises
from any source until a new inspection has been made and a new certificate
of approval has been issued if any change has been made in the electrical
installation subsequent to the last previous inspection.
A.
Approval required. It shall be unlawful for any person to make connection
from a source of electrical energy to any electric 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 such wiring, devices, appliances or equipment.
B.
Application to make reconnection. It shall be unlawful for any person
to make connection from a source of electrical energy to any electric
wiring, devices, appliances or equipment which has been disconnected
or ordered to be disconnected by the inspector, to be discontinued
until a certificate of approval has been issued by him authorizing
the reconnection and use of such wiring, devices, appliances or equipment.
[Amended 1-24-1994 by Ord. No. 2-94]
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.
Any person licensed as a master electrician in the City of Newburgh
and engaged in installing any electrical wiring, devices, appliances
or equipment shall keep the City of Newburgh adequately secured against
liability resulting from the bodily injury or death of any person
not employed by the licensed electrician or damage to property occurring
by reason of an accident resulting from the electrical work performed
or in the process of being performed. Such security shall be in the
form of a certificate of insurance for general liability insurance.
The City Manager shall be named as a certificate holder for this policy,
and the City of Newburgh shall be named as an additional insured.
The amount shall be not less than $1,000,000, $2,000,000 aggregate.
Policy cancellation shall require a minimum of 10 days' written notice
of cancellation to the City Manager. Such policy shall be written
on an occurrence basis and be issued by a company licensed to do business
in New York State. Any licensed master electrician who fails to maintain
a current general liability policy shall not be eligible to apply
for permits until such time that he or she once again obtains a general
liability policy as described above.
[Amended 10-9-1979 by Ord. No. 2; 9-28-1998 by Ord. No. 12-98]
A.
Any person who shall directly or indirectly engage in or work at the business of electrician in the City without an electrician's license, who shall violate any of the provisions of this chapter or of any rule or regulation made pursuant thereto, who, having had his license suspended or revoked, shall continue to engage in or work at the business of electrician, as the case may be, or who shall fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
B.
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects. Each
day that prohibited conditions exist shall constitute a separate offense.
C.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
[Amended 10-9-1979 by Ord. No. 2]
A.
Master electrician. No person shall hereafter engaged in, carry on
or conduct the business of master electrician or do or perform or
offer or undertake or contract to do or perform the work of a master
electrician within the City or 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 by and working under the direction
of a person so licensed.
B.
Special electrician. No person shall hereafter engage in, undertake
or perform the work of a special electrician or agree to do or perform
such work in the City or hold himself out to the public, directly
or indirectly, as being able to do so 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 pursuant to this article.
It shall be unlawful for any person to employ an unlicensed
electrician to do any electrical work in the City.
All applications for licenses must be presented to the Board
of Electrical Examiners not later than two weeks previous to any regular
meeting of such Board.
The Board may issue licenses under this article as follows:
A.
Master electrician's license (Class A).
[Amended 10-9-1979 by Ord. No. 2]
(1)
A master electrician's license (Class A) shall authorize the licensee
to engage in the business of master electrician within the City for
a period ending the 31st day of December for the year in which it
was issued.
B.
Master electrician's license (Class B).
[Amended 11-10-1980]
(1)
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.
C.
Special electrician's license (Class C).
[Amended 10-9-1979 by Ord. No. 2]
(1)
A special electrician's license (Class C) shall authorize the licensee
to perform only the work of a special electrician for an employer
specified in the license for a period ending the 31st day of December
of the year in which it is issued. A holder of a Class C license may
install and repair appliances, oil and gas heating units with the
installation of one branch circuit for the operation of such unit.
Any other electrical work must be done by a Class A electrician.
[Amended 10-9-1979 by Ord. No. 2]
A.
Master electrician's license. Every person desiring a license as
a master electrician under this article shall make application therefor
to the Board of Electrical Examiners in such form and detail as the
Board 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.
B.
Special electrician's license. Every person desiring a license as
a special electrician under this article shall make application therefor
to the Board in such form and detail as the Board 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.
C.
License fee to accompany application. Each application 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. Ninety percent
of such fee shall be returned to the applicant upon failure to pass
the examination.
A.
Generally. Examinations shall be in writing. A complete record of
every examination given shall be kept on file until three years after
the date of the examination. Examinations shall be held at such times
and places as the Board may fix.
B.
Presentation for examination. The applicant or, in the case of those
applying for licenses as master electricians, the designated representative
of the applicant shall present himself for examination at the time
and place specified in a notice to be given by the Board.
C.
Reexamination. 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.
[Amended 10-9-1979 by Ord. No. 2]
A.
Qualifications. No license as a master electrician shall be granted
to any person unless the designated representative shall prove to
the satisfaction of the Board that he:
(1)
Has or will establish a place for the regular transaction of business
if not 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 purposes.
(2)
Is a competent electrician and qualified to do electrical contracting,
construction and installation work and electrical wiring.
(3)
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 working
knowledge of the requirements and provisions of the National Electrical
Code and a knowledge of the provisions of this article and rules and
regulations of the Board and laws of the state, if any, and the City
for installation of electrical wiring, devices, appliances and equipment
and of the provisions thereof requiring permits therefor.
B.
Experience; references; criminal record. In order to be eligible
for a license as a master electrician under this article, the applicant
must first produce evidence of having served at least five years of
practical experience as an electrician, must produce two acceptable
character references and must never have been convicted of a felony.
[Amended 10-9-1979 by Ord. No. 2]
No license as a special electrician shall be granted to any
person unless he shall prove to the satisfaction of the Board that
he:
A.
Is a competent electrician and qualified to do electrical repairing
and maintenance work.
B.
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.
C.
Has a knowledge of the provisions of this article and the rules and
regulations of the Board and the laws of the state, if any, and of
the City for the repair and maintenance of electrical wiring, devices,
appliances and equipment.
[Amended 6-13-1988 by L.L. No. 4-1988]
No license shall be granted to any person who is less than 21
years of age or does not comply with the New York State Workers Compensation
Law.
A.
Assignment; transfer. No license issued hereunder shall be assignable
or transferable.
B.
Identification of licensee. Each license as a master electrician
issued hereunder shall specify the name of the person licensed, who
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.
C.
Designation of supervisor. 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 qualification of stock ownership herein
prescribed therefor.
D.
Supervisor for more than one license prohibited. The same person
shall not be designated as the supervisor in two or more licenses
issued to different holders.
E.
Termination of supervisor's employment. In the event 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 Board of such fact forthwith and shall promptly designate another
person as the representative of the holder, who shall submit himself
for the examination to the Board 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.
F.
Numbering, form, color, etc. 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
Board.
G.
Display. Each license shall at all times be kept conspicuously displayed
in the place of business or employment, as the case may be, of the
licensee.
No Class A master electrician's license shall be renewed if
the licensee has not actively engaged in the 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 article shall lapse at the expiration of its
term, and the holder of such license must thereafter qualify for an
original license hereunder and comply with all the requirements and
provisions hereof relative thereto.
A.
Plate or sign required. 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 Board 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. 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 Board 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.
B.
Specifications; fee for sign. The Board 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 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 Board. Every person to whom a Class A master electrician's license is granted under this article, upon the payment of a fee as set forth in Chapter 163, Fees, of this Code to the Board, shall have issued to him a plate or sign as herein described.
[Amended 10-9-1979 by Ord. No. 2; 6-13-1988 by L.L. No. 4-1988]
C.
Misuse of plate or sign; penalty. 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 violates the provisions
of this section shall be punishable by the Board 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 hereunder.
D.
Telephone listing; advertising. Each Class A master electrician licensed
hereunder 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.
Exception to requirements. If any Class A master electrician licensed
hereunder 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.
[Amended 10-9-1979 by Ord. No. 2; 2-20-2020 by Ord. No. 3-2020]
A.
Any license
issued hereunder may be suspended for a period of up to one year,
or a license may be revoked, in the discretion of the Board, 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 Board is satisfied that the holder of such license or any of
his or its officers or employees willfully or by reason of incompetence
has violated any provision of this article or of any other law or
of any ordinance, local law, or provision of the New York State Uniform
Fire Prevention and Building Code governing electrical work or requiring
permits therefor.
B.
The Board
may, in addition to suspending or revoking a license hereunder, impose
a fine of not exceeding $1,000 for each offense and may suspend the
license until such fine is paid.
A.
Effect of suspension. No person whose license shall have been suspended
shall engage in the electrical business in the City for the period
of time in which he may be under suspension.
B.
Effect of revocation. No person whose license shall have been revoked
shall engage in the electrical business in the City for a period of
one year from the date of revocation of such license.
All fees, fines and penalties derived by the Board from the
operation of this chapter shall be turned over by the Board to the
Comptroller of the City within 10 days after they are received, and
such moneys shall be paid by such Comptroller into the general fund
of the City and shall be available for use for any lawful City purpose.
[Added 1-24-1994 by Ord. No. 2-94]
A.
Any organization wishing to be approved by the Chief of the Fire
Department as an electrical inspection agency for the City of Newburgh
shall submit an application to be considered as an inspection agency
for the City of Newburgh. Applicants shall make such application on
an affidavit form provided by the Chief of the Fire Department and
shall contain the following information:
(1)
Applicant's name and address.
(2)
Applicant's federal identification number.
(3)
Applicant's date of incorporation, place and type of corporation.
(4)
List of current officers of the corporation and their current addresses.
(5)
Applicant's place or places of business.
(6)
Applicant's local telephone number and place of business as an electrical
inspector.
(7)
Local inspector's name, address and residential telephone number.
(8)
A copy of public liability insurance. Upon approval as an electrical
inspection agency, the applicant shall present certificate(s) of insurance.
The City of Newburgh shall be named as a certificate holder for these
policies and as an additional insured. Such policy shall be written
on an occurrence basis and be issued by a company licensed to do business
in New York State. Policy cancellation shall require a minimum of
10 days' written notice of cancellation to the City Manager. Policy
amounts shall be in the following minimum:
B.
In addition to the above, the applicant shall provide the City of
Newburgh Fire Chief with a proposal detailing the history of the organization
making application. Proposal shall include a list of all cities, villages
and townships in which the applicant is currently conducting electrical
inspections in the State of New York. The proposal shall additionally
provide information as to the services that will be provided to the
City of Newburgh. For example:
C.
In addition to the above, effective one year from the date of passage
of this chapter, any inspector making electrical inspections in the
City of Newburgh shall provide certification by the International
Association of Electrical Inspectors. Said inspector shall have successfully
passed written examinations for electrical one- and two-family dwellings,
for electrical general and for electrical plan review.
D.
In addition to the above, the applicant shall provide to the City
of Newburgh a letter of approval from Central Hudson Gas and Electric
Corporation that the applicant's organization has been approved by
Central Hudson Gas and Electric Corporation to conduct electrical
inspections.
E.
In addition to the above, the applicant shall provide the City of
Newburgh Fire Chief with a current copy of a fee schedule that will
be used to determine fees for electrical inspections.
F.
In addition to the above, the applicant shall provide the City of
Newburgh Fire Chief with a list and copy of all forms, stickers and
certifications that are proposed to be used by the applicant's organization.
G.
In addition to the above, the applicant shall provide the City of
Newburgh Fire Chief with an overview of the electrical inspection
procedure to be used by the electrical inspection organization.
[Added 5-8-2017 by L.L.
No. 1-2017]
Notwithstanding the requirements found contained in this chapter,
the Board is hereby authorized to enter into reciprocal licensing
agreements with other municipalities in which a holder in good standing
of a current master electrician's license or special electrician's
license in one municipality shall be allowed to perform work in the
other municipality. Such agreements shall be executed only upon a
review of the examination standards of the other municipality and
a determination that those standards meet or exceed the standards
required by this chapter and any additional standards adopted by the
Board. The licensee shall be responsible for the payment of the license
fees in each jurisdiction.
