As used in this article, the following terms
shall have the meanings indicated unless the context requires otherwise:
The Board of Electrical Examiners of the City of Port Jervis
as established by this article.
The person or persons authorized and required by this chapter to make electrical inspections within the City, as more fully provided for in § 267-5 hereof.
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 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,
except where the above would be in conflict with the National Electrical
Code.
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, except where the above would be in conflict with the National
Electrical Code.
A.
There is hereby established in and for the City of
Port Jervis a board to be known as the "Board of Electrical Examiners
of the City of Port Jervis." This Board shall consist of nine persons
who shall be residents of the City of Port Jervis, with the exception
of the Inspector representing the New York Board of Fire Underwriters,
Bureau of Electricity, the representative of the utility company supplying
electricity to the City of Port Jervis and the City Electrician. Such
persons shall include or represent the following:
[Amended 10-13-1987 by L.L. No. 7-1987]
(1)
One Electrical Inspector representing the New York
Board of Fire Underwriters, Bureau of Electricity.
(2)
Two electricians appointed by the Mayor, at least
one of whom shall be a licensed master electrician, Class A.
(3)
One authorized representative of the utility company
supplying electrical energy to the City of Port Jervis.
(4)
One professional engineer or registered architect,
appointed by the Mayor.
[Amended 5-23-1988 by L.L. No. 2-1988]
(5)
Two lay citizens of the City of Port Jervis, appointed
by the Mayor.
(6)
One member of the Common Council.
[Amended 5-23-1988 by L.L. No. 2-1988]
(7)
A representative of the Building Department.
[Amended 5-23-1988 by L.L. No. 2-1988]
B.
Term of office. Subject to confirmation by the Common
Council, members of the Board shall hold office for three years. Meetings
shall be held at least once each month.
[Amended 10-13-1987 by L.L. No. 7-1987; 5-23-1988 by L.L. No. 2-1988; 6-27-2011 by L.L. No. 2-2011]
C.
A vacancy occurring in the membership of the Board
from any cause shall be filled by the Mayor for the unexpired term
of the member whose office has become vacant, such appointment being
subject to confirmation by the Common Council.
D.
A member of the Board may be removed by the Mayor
for misfeasance or malfeasance in office, incompetency, incapacity,
neglect of duty or other good and sufficient cause, after giving to
such member a copy of the charges against him and an opportunity to
be heard in his defense in person and/or by counsel.
E.
The Board shall elect a Chairman and a Secretary from
its membership.
F.
A majority of the Board shall constitute a quorum
for the transaction of business.
G.
Compensation.
Board members who are not otherwise employed by the City of Port Jervis
shall be paid $15 each regular, monthly meeting attended.
[Added 6-27-2011 by L.L. No. 2-2011]
The Board shall have the following powers and
duties, in addition to those elsewhere prescribed in this article:
A.
Meetings. To hold at least one meeting in each month
and as many other meetings at such other times as, in the opinion
of the Chairman or a majority of the Board, are necessary or desirable
for the efficient discharge of the business of the Board.
[Amended 10-13-1987 by L.L. No. 7-1987]
B.
Examinations. To examine into the qualifications and
fitness of applicants for licenses under this article or of the representatives
of such applicants designated for such purpose.
C.
Issue licenses. To grant and issue licenses as master
electricians to applicants possessing or whose representatives possess
the requisite qualifications, and to grant and issue licenses as special
electricians to applicants possessing the requisite qualifications.
Licenses shall be signed by the Chairman and Secretary.
F.
Keep records. To keep records of all its meetings
and proceedings and of all licenses issued, suspended or revoked by
it and to make such records available for public inspection.
G.
Prepare manual. To prepare a manual of its rules and
regulations for the conduct of examinations and to furnish copies
thereof to persons desiring the same.
H.
Promulgate rules. To adopt such rules and regulations
as may be necessary, not inconsistent with the provisions of this
article, with respect to the form and content of applications for
licenses, the reception thereof, the investigation and examination
of applicants and their qualifications, the conduct of the meetings
and the business of the Board and the other matters incidental or
appropriate to the powers and duties of the Board as prescribed by
this article and for the proper administration and enforcement of
the provisions of this article, and to amend or repeal any of such
rules and regulations, by a majority vote, at any special or regular
meeting, upon notice of at least 30 days to each member thereof.
I.
File copy of rules. To file a copy of all of its rules
and regulations and of all changes therein, duly certified by the
Secretary, with the City Clerk-Treasurer immediately upon the adoption
thereof, which copy shall be available for public inspection during
the regular business hours of the day.
A.
Master electrician. No person shall hereafter engage
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 and supervision of a person so licensed, who shall
be responsible for ensuring that all work performed by such employees
is done in compliance with the National Electrical Code.
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 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, 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.
C.
Exceptions.
(1)
Unless otherwise provided in this chapter, all electrical
work performed in the City shall be done by an electrician licensed
under this article; provided, however, that in those situations where
an individual owner of a residential property desires to do work in
the residence in which he dwells, the requirement as to work being
performed by a licensed electrician may be suspended, provided that
all other requirements of this chapter and the National Electrical
Code are fully complied with by said individual. In the case of an
individual owning a two-family or multifamily residence, such exception
shall apply only to the dwelling unit in which the individual resides.
(2)
This article shall not apply to a plant operated by
a municipality authorized to generate or sell electricity nor to electric
corporations, as defined in the Transportation Corporations Law, nor
to any person or corporation engaged in their behalf, nor to the employees
of any of them in performing such work in the conduct of the business
of such corporations in installing, maintaining or repairing wires,
apparatus or fixtures, or other appliances used by such companies
and necessary for or to their business, whether or not such wires,
conduits, apparatus, fixtures or other appliances are on their own
premises, unless the work in connection therewith is done within a
building not owned by such corporation. This article shall not apply
to the installation, maintenance or repair of elevators, dumbwaiters
and escalators, nor to the electrical work of a telephone, telegraph,
central station, of a protective, railroad or radio broadcasting company,
nor to persons performing electrical work for such a company where
said electrical work is an integral part of the plant or service used
by such company in rendering its duly authorized service to the public.
This article shall not apply to the maintenance, repairing or operation
of electrical equipment within a theater or other place of public
assemblage where entertainment or exhibition is provided, motion-picture
studio, theatrical studio, or motion-picture film laboratory, nor
to the installation of temporary electrical cables, assembling or
erecting of such theatrical, sound-recording, sound-reproducing or
motion-picture equipment where such equipment is an integral part
of the theater, traveling production, motion-picture studio or laboratory
used in the production or exhibition of stage or motion picture attractions.
Either of said licenses shall be issued upon proof that the applicant
has been continuously engaged in work of the character herein defined
for a period of five years prior to the enactment of this article,
without further examination, provided that such application is made
within one year after the enactment of this article.[1]
[Amended 12-8-1986 by L.L. No. 8-1986; 10-13-1987 by L.L. No.
7-1987; 5-23-1988 by L.L. No. 2-1988; 7-27-1992 by L.L. No.
5-1992; 3-23-1998 by L.L. No. 1-1998[1]]
The Board 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 for a period ending December 31 of the year in which it is issued. The initial fee for such license shall be as provided in Chapter 280, Fees. Such license may be renewed annually on or before the expiration thereof for periods of one year upon payment of an annual renewal fee as provided in Chapter 280, Fees. Any such renewal for a period beginning January 1, 2001, or later shall be granted only if the applicant meets and demonstrates satisfactory compliance with the provisions of Subsection D below.
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. The initial fee for such license shall be as provided in Chapter 280, Fees, for a period ending December 31 of the year in which it is issued. Such license may be renewed on or before the expiration thereof for a period of time necessary to complete the job for which it is issued, at a renewal fee as provided in Chapter 280, Fees, per calendar year. Any such renewal for a period beginning January 1, 2001, or later shall be granted only if the applicant meets and demonstrates satisfactory compliance with the provisions of Subsection D below.
C.
Electrician's license, Class C. An electrician's license, Class C, shall authorize the licensee to engage in the business of an electrician in the City only for the purpose of installing, maintaining and repairing electrically operated and/or controlled devices, such as oil burners, stokers and gas burners, or to do other specialized work to be noted and provided for on the license issued. The initial fee for such license shall be as provided in Chapter 280, Fees, for a period ending December 31 of the year in which it is issued. 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 as provided in Chapter 280, Fees. Any such renewal for a period beginning January 1, 2001, or later shall be granted only if the applicant meets and demonstrates satisfactory compliance with the provisions of Subsection D below.
D.
Any such renewal as set forth in Subsection A, B or C above for a period beginning January 1, 2001, or later shall be granted only if the applicant can show documentation satisfactory to the Electrical Board that said applicant has completed the I.A.E.I. Electrical Seminar or such other electrical seminar as may from time to time be approved by the City of Port Jervis Electrical Board.
E.
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 December 31 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 initial fee for such license shall be as provided in Chapter 280, Fees. Such license may be renewed annually on or before the expiration thereof for periods of one year upon payment of an annual renewal fee as provided in Chapter 280, Fees. Upon receipt of a proper application therefor, the Board 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, shall be issued upon the surrender of the old license.
A.
General procedure; application contents. Every person
desiring a license as a master 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 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.
Eligibility qualifications.
(1)
In order to be eligible to take an examination, the
candidate for a master electrician's license must supply satisfactory
proof to the Board of one of the following:
(a)
Five years' apprenticeship under a duly qualified
electrician.
(b)
Two years in an accredited electrical trade
school or the equivalent and two years as an apprentice under a duly
qualified electrician.
[Amended 10-13-1987 by L.L. No. 7-1987]
(c)
A certificate issued by a service-connected
trade school for electricians, plus a minimum of two years or more
as an apprentice under a duly qualified electrician or such length
of time as an apprentice as may be determined by the Board.
(d)
Any equivalent combination of experience and
training sufficient to indicate ability to do the work.
[Added 10-13-1987 by L.L. No. 7-1987]
(2)
For the purposes of this subsection, "duly qualified
electrician" shall mean an electrician holding a master electrician's
license from the City of Port Jervis or an electrician holding a license
of a substantially similar character to that of a master electrician's
license from the City of Port Jervis, as determined at the discretion
of the Board.
[Amended 6-27-2011 by L.L. No. 2-2011]
C.
Commercial buildings and industrial plants. 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 and who desires a license as a master electrician
so that the work of a master electrician may be regularly performed
in such plant may make application therefor to the Board in such form
and detail as the Board may prescribe, or may regularly employ a licensed
master electrician for such purposes. 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, if granted.
D.
Special electrician, Class C. 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 person employing the applicant and establish that the
applicant has a minimum of one year of experience in the work of a
special electrician.
[Amended 5-23-1988 by L.L. No. 2-1988]
E.
Payment of license fee. Each application shall be
accompanied by payment, in full, of the license fee for the license
being applied for. Said fee is nonrefundable.
[Amended 10-13-1987 by L.L. No. 7-1987]
F.
City employees. Licenses shall be issued without fee
to any employee of the Electrical Department of the City and to any
other employee of the City whose work is directly concerned with electric
power, provided that such employee held a Class A license before becoming
employed by the City. Said licenses shall be renewable without fee,
provided that said employees are in the employ of the City at the
time of renewal.
G.
All applications will expire and be canceled after
a period of three months if the applicant does not appear for examination
within that period. The three-month period commences on the date of
notification. The fee application is nonrefundable.
[Added 5-23-1988 by L.L. No. 2-1988]
H.
Eligibility qualifications for Class C license. In
order to be eligible to take an examination, the candidate for a Class
C license must supply satisfactory proof to the Board of one of the
following:
[Added 12-12-1988 by L.L. No. 8-1988]
(1)
Five years apprenticeship under a duly qualified plumber,
heating contractor or air-conditioning contractor.
(2)
Two years in an accredited plumbing, heating or air-conditioning
trade school or the equivalent and two years as an apprentice under
a duly qualified plumber, heating contractor or air-conditioning contractor.
(3)
A certificate issued by a service-connected trade
school for plumbers, heating or air conditioning, plus a minimum of
two years or more as an apprentice under a duly qualified plumber,
heating contractor or air-conditioning contractor or such length of
time as an apprentice as may be determined by the Board.
(4)
Any equivalent combination of experience and training
sufficient to indicate ability to do the work.
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.
[Amended 10-13-1987 by L.L. No. 7-1987]
B.
Appearance for examination. The applicant or, in the case of those applying for licenses as master electricians, the designated representatives of the applicant shall present himself for examination at the time and place specified in a notice to be given by the Board. Upon the failure of the candidate to appear for examination without due notice or good cause, as determined by the Board, the examination fee shall be forfeited. An examination may be rescheduled for the candidate in such instances upon payment of an additional examination fee as provided in Chapter 280, Fees.
[Amended 7-27-1992 by L.L. No. 5-1992[1]]
C.
Reexamination. An applicant or the representative
of an applicant who has failed the 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.
D.
Standards and criteria for master electricians. No
license as a master electrician shall be granted to any person unless
such person or his designated representative shall prove satisfactorily
to the Board that:[2]
(1)
He is a competent electrician and qualified to do
electrical contracting, construction and installation work and electrical
wiring.
(2)
He 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 chapter and the rules and regulations of the Board and the laws
of the state and City, if any, for installation of electrical wiring,
devices, appliances and equipment, and of the provisions thereof requiring
permits therefor.
[2]
Editor's Note: Former Subsection D(1), regarding
the requirement of establishment of business within the City, was
repealed 6-23-1986 by L.L. No. 4-1986.
E.
Standards and criteria for special electricians. No
license as a special electrician shall be granted to any person unless
he shall prove to the satisfaction of the Board that:
(1)
He is a competent electrician and qualified to do
electrical repairing and maintenance work.
(2)
He 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 a knowledge of the provisions of this chapter
and the rules and regulations of the Board and the laws of the state
and City, if any, for the repair and maintenance of electrical wiring,
devices, appliances and equipment.
F.
Minimum age; requirements of Compensation Law. No
license shall be granted to any person under the age of 21 years or
who does not comply with the New York Workers' Compensation Law.
[Amended 10-13-1987 by L.L. No. 7-1987]
A.
Nonassignable. No license issued hereunder shall be
assignable or transferable.
B.
Contents of master electrician's license. 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.
Supervisor designated. The person designated as the
supervisor may be a person in the employ of the holder of the license
or, if the holder be an individual, may be the holder himself or,
if the holder be a firm or partnership, may be a member thereof or,
if the holder be a corporation, may be an officer of the corporation,
provided that he has the requisite qualification of stock ownership
herein prescribed therefor.
D.
Same supervisor prohibited in more than one license.
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
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 Board of such fact forthwith and shall promptly
designate another person as the representative of the holder, who
shall submit himself for 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 will become null and void on the 30th day
following such termination.
F.
Licenses to be numbered. 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.
License to be displayed. 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.
[Amended 10-13-1987 by L.L. No. 7-1987]
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.[1]
[1]
Editor's Note: Original § 80-21,
Display of sign by master electrician, Class A, which immediately
followed this section, was repealed 10-13-1987 by L.L. No. 7-1987.
A.
Any license issued hereunder may be suspended or 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, ordinance, resolution or building
code governing electrical work or requiring permits therefor or any
requirement contained in the rules and regulations of the National
Board of Fire Underwriters, known as the "National Electrical Code."
B.
The Board may, in lieu of suspending or revoking a
license hereunder, impose a fine not to exceed $100 for the first
offense and not more than $200 for a subsequent offense and may suspend
the license until such fine is paid.
[Amended 10-13-1987 by L.L. No. 7-1987; 5-23-1988 by L.L. No. 2-1988]
Any action of the Board of Electrical Examiners
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 Law and Rules.
It shall be unlawful for any person other than a licensed master electrician to employ an unlicensed electrician to do any electrical work in the City, except as stated in § 267-4.
All fees, fines and penalties derived by the
Board from the operation of this article shall be turned over by the
Board to the City Clerk-Treasurer within 10 days after they are received,
and such moneys shall be paid by such Clerk-Treasurer into the general
fund of the City and shall be available for use for any lawful City
purpose.
Notwithstanding any other provisions of this
chapter, reciprocal and one-time licenses may be issued as follows:
A.
Reciprocal licenses. Any person, firm or corporation
duly licensed by another municipality in New York State which has
licensing standards and requirements, including examinations, substantially
the same as those provided by this chapter, and which has reciprocity
provisions applicable to licensees of the City of Port Jervis, may
be issued, without examination, a license equivalent to that held
in the other municipality, subject to all other conditions and provisions
of this chapter. As a prerequisite to the issuance of such a reciprocal
license, the candidate shall:
(1)
Submit substantiating documents and evidence supporting
the claim that he is the holder of a valid license from the other
municipality.
(2)
Complete the appropriate application forms for the
City of Port Jervis.
(3)
Pay an annual renewal fee equal to the annual fee
charged by the municipality in which he is licensed.
[Amended 6-23-1986 by L.L. No. 4-1986]
B.
One-time licenses. Any person, firm or corporation
duly licensed by another municipality which has licensing standards
and requirements, including examinations, substantially the same as
those provided by this chapter, may be issued, without examination,
a one-time license, equivalent to that held in the other municipality,
for the performance of a specific contract or job, upon application
to and approval by the Board.
[Amended 5-23-1988 by L.L. No. 2-1988]
(1)
Such application shall be accompanied by substantiating documents and evidence supporting the claim that he is the holder of a valid license from the other municipality and by a fee as provided in Chapter 280, Fees.
(2)
Such one-time license shall be valid only for a specific
contract or job, at a specific location, and shall expire upon issuance
of a certificate of compliance for the work covered by the contract
or job.
(3)
Notwithstanding any other provision of this Subsection B, where a candidate for a one-time license is a resident of a municipality not licensing electricians, the Board may consider other evidence of qualifications, such as a statement from the local building or electrical inspector, and may make such investigation and inquiry into the candidate's qualifications as it may deem necessary, and may thereupon, in its discretion, issue a one-time license, with such conditions as it may deem proper to secure the purposes of this chapter.
(4)
Any one-time license shall be subject to all conditions
and provisions of this chapter not otherwise inconsistent with this
section.