[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973 as Ch. 11 of the 1973 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following definitions shall apply:
- BOARD or BOARD OF EXAMINERS
- The Electrical License Board of Examiners provided for in this chapter.
- MASTER ELECTRICIAN
- Includes any person holding himself out to the public as principally engaged in the business of contracting to install or alter electrical equipment or apparatus for utilization of electricity supply for light, heat or power.
- Includes persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being used.
[Amended 1-8-1981; 10-2-1986; 10-4-1990]
There is hereby created a board to be known as the Electrical License Board of Examiners which shall consist of seven members as follows:
One local representative from any one of the electrical inspection agencies listed in § 141-58, such representative to be the electrical inspector assigned to the City territory.
Two master electricians with 10 years experience in the City, engaged in construction work and employing one or more journeyman electricians.
One journeyman electrician of 10 years experience in the City; all to be appointed by the Mayor and a representative of the New York Power and Light Corporation; the Commissioner of Buildings and the City Clerk.
The present existing Electrical License Board of Examiners and all members thereof is hereby terminated and such present members shall continue only until the appointment of new members by the Mayor as prescribed by this chapter. With the expiration of the term for which each member shall have been appointed, the Mayor shall fill the vacancy by appointment of a person with the same qualifications as the member of office who is terminated for a term of three years, unless sooner removed by the Mayor. Any appointed member may be removed by the Mayor for malfeasance in office, incapacity or neglect of duty. Each member of the examining board shall receive a fee of $500 a year and the secretary of the Board shall receive $1,000 a year. Each member of the examining board who is qualified to hold a Class A license shall be entitled to receive such license and/or renewals thereof without paying a fee.
The Board of Examiners shall elect its own chair. The secretary shall be the City Clerk or the designee of the City Clerk. A majority of the membership of the Board shall constitute a quorum to transact the business of the Board. The Board shall meet at least quarterly on the fifteenth day of January, the fifteenth day of April, the fifteenth day of July, and the fifteenth day of October, and shall hold special meetings at the call of the Chair, who shall call a special meeting whenever he/she or a majority of the Board shall consider such meeting desirable for the proper and efficient conduct of the business of the Board. The Board shall examine applicants for licenses to determine the qualifications and fitness of the applicants to receive licenses to engage in business as master electricians. The nature of the examinations conducted under this chapter shall be determined by the Board, and the Board shall adopt such rules and regulations as it may deem necessary for such examinations. An applicant who has failed in his first examination shall not be entitled to another examination until after 90 days from the date of such failure; an applicant who has failed twice or more shall not be entitled to any additional examination until after six months from the date of the last preceding failure. Final action on any application shall be taken by the Board of Examiners within three months after the receipt of the application by the City Clerk.
No person shall within the limits of the City engage in or carry on the business of installing, altering or repairing any electric wiring or electric apparatus for heat, light or power, nor shall any person in any manner undertake to execute such work unless such person is the holder of a master electrician's license as provided for in this chapter, except as provided in § 148-11. There shall be two classes of licenses, to be known as "Class A" and "Class B”. A Class A license shall entitle the holder thereof to engage in or carry on the business of master electrician. A Class B license shall entitle the holder thereof to carry on the business of master electrician but shall entitle such holder to undertake the execution of work in a single continuous installation only, such installation to be confined to one location or property and such Class B license shall expire one year from the date of its issuance unless renewed within such one-year period.
Any person desiring to procure a license as provided for in this chapter shall make application for such license to the City Clerk, stating the class of license applied for, the name and place of business of the applicant and the name of the representative of the applicant who will act as supervisor of the work to be done under the license, and the applicant shall have at least five years experience.
The City Clerk shall within 10 days after the receipt by him/her of any application for a license accompanied by the proper fee, deliver such application to the secretary of the Board of Examiners.
Each license when issued under this chapter shall be issued to a person, firm or corporation to be known as the holder of the license. Each license shall designate as supervisor of all electrical work to be done by the person, firm or corporation to whom the license is issued the person named as supervisor in the application for the license.
In case the holder of the license is a person, the supervisor shall either be the holder himself/herself, or shall be in the employ of the holder. In case the holder of the license is a firm, the supervisor shall either be a partner in the firm or shall be in the employ of the holder. In case the holder of the license is a corporation, the supervisor shall either be an officer of the corporation or shall be in the employ of the corporation. The same person shall not be designated as the supervisor in two or more licenses issued to different persons, firm or corporations. In the event that the business association or employment of the supervisor with the holder of a license shall terminate, such license shall become null and void 90 days after such termination; provided, however, that without payment of any further fee, a new license shall be granted to the holder of the expiring license upon application to the Board of Examiners within the ninety-day period and upon the approval by the Board of Examiners of the qualifications of the person named in the application as the supervisor for the person, firm or corporation making the application for the license.
Upon notification by the secretary of the Board of Examiners that the applicant has passed the examination and that the applicant has met all the requirements of the Board to engage in the business of master electrician, the City Clerk shall issue the license to engage in the business as provided for in § 148-3. All licenses shall be numbered in the order in which they are issued and each license shall state the class of license, name and address of the holder, the name of the supervisor, the fee paid, and in the case of the Class B license, shall specify the particular installation to which the license applies.
[Amended 1-2-1976; 12-4-1980; 5-7-1987; 12-8-1994; 3-14-1996]
For the calendar year in which the license is first issued, a fee of $200 shall be paid for the Class A license. If it is determined an applicant does not meet the requirements to take the examination provided for in this chapter, the sum of $200 shall be refunded; if a license is not granted due to failure of said examination, the sum of $100 shall be returned. A fee of $200 shall be paid for a Class B license or any renewal thereof.
For each renewal of a Class A license after the first year, a fee of $100 shall be paid. A deposit equal to the fee the first year shall accompany each application for a license, and in case the license is granted, such deposit shall be retained as the fee for that year. In case the license is not granted, the deposit shall be returned to the applicant. All fees shall be paid to the City Clerk and shall be paid by the City Clerk to the Treasurer of the City.
[Amended 8-7-2008 by Ord. No. 9]
Each Class A license shall expire at the end of the calendar year in which it was issued, consistent with § 148-8 herein. Each Class A license shall be renewed, without further examination, if the application for renewal and appropriate renewal fee is received by the City Clerk on or before December 15 of each calendar year and upon the applicant showing proof of completing at least six hours of continuing education.
[Amended 8-2-2012 by Ord. No. 2]
In the event the annual renewal application and fee is not received on or before December 15, the City Clerk shall accept the filing of all late applications, provided the late application is received by the City Clerk within nine months of the filing deadline. The applicant must attach a detailed sworn written statement to the late application, explaining the basis for the late filing. In addition, the applicant must pay the annual filing fee plus a late filing fee of $250 upon submission of the late renewal application. Upon receipt of the late renewal application, the sworn written statement and all fees, the City Clerk shall forward the late application and attached sworn statement to the Board of Examiners for the Board's review and deliberation in contemplation of either approval or denial of the license renewal.
Upon receipt of the late renewal application, the Board of Examiners shall meet and review the application, along with the applicant's sworn written statement explaining the basis for failing to meet the filing deadline of December 15. Upon review and deliberation of the circumstances surrounding the basis of the late application, the Board is hereby authorized, by a majority vote, to reinstate the license without reexamination, provided the basis for failure to renew was solely procedural in nature. The standard of review upon approval shall be based upon a "preponderance of the evidence which demonstrates the failure to renew was a negligent procedural defect, in no way related to the applicant's substantive ability to perform his/her duties as a licensed electrician." The Board is hereby authorized to establish reasonable procedures to review all late filings consistent with and ensuring due process rights to all late applicants. The Corporation Counsel shall be available to the Board to provide legal counsel to the Board as requested.
Editor’s Note: This ordinance also provided that it be in effect retroactive to 1-1-2008.
No license granted under this chapter shall be transferable, and no license shall be used for the interests of any unlicensed master electrician.
Upon presentation to the Board of Examiners of charges that the holder of any license has willfully violated any of the provisions of any ordinances of the City or any neighboring community or county with which the Board has a reciprocal agreement applying to electrical work or is incompetent to comply with such provisions, the Board of Examiners shall fix a time and place for a meeting to consider such charges and shall notify the holder of the license to be present at such meeting. Such notification shall be in writing and shall be delivered to the holder at least five days in advance of the meeting.
If upon a hearing of the Board of Examiners of all evidence offered it shall be decided by the Board of Examiners that such holder of a license has wilfully violated any of the provisions of any such ordinance, or by continued violation has proven his incompetency to comply with any of the provisions of any such ordinance, then the Board of Examiners shall revoke the license of such holder. When a license has been revoked, a new license shall not be granted to the same person, firm or corporation until a period of at least 90 days has elapsed after such revocation.
The provisions of this chapter shall not apply to persons engaged in solely selling or solely in the attachment of ordinary electrical appliances to existing circuits where no joining or splicing of electrical conductors is required; nor to persons, firms or corporations, copartnerships and associations regularly employing electricians for the installation, maintenance, repair, altering and extension of the electric wires, conductors, electrical machinery, apparatus, or appliances in their own property and/or property occupied by them; nor to the installation, maintenance or repair of elevators; nor to any work involved in the manufacture, test or repair of electrical machinery, apparatus, materials and equipment or to its assembly, installation and wiring, when such assembly, installation and wiring are done by a person, firm or corporation engaged in electrical manufacturing as their principal business; nor to the work in connection with the erection, construction, maintenance or repair of lines for the transmission of electricity from the source of supply to the service connection of the premises where used; nor to the public service companies or municipal plants authorized to generate or sell electricity or to the work of such companies installing, maintaining and repairing on the consumer's premises of service connections, meters and other apparatus and appliances remaining the property of such companies after installation or to emergency repairs of wiring and appliances on consumers' premises necessary for the protection of life or 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. Nothing herein contained, however, shall be construed so as to prohibit or prevent any person from installing, altering or extending the electric wires, conductors, apparatus, fixtures, machinery, appliances or appurtenances in his own property.
Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $250 or to imprisonment for not more than 15 days or to both such fine and imprisonment, and each day on which such violation continues shall constitute a separate offense. In addition to the penalty imposed, the license of the person violating the same may be revoked.