[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook as Ch. 8 of the 1967 Code of Ordinances.
Amendments noted where applicable.]
This chapter shall be known as the "Electrical
Code of the Village of Lynbrook, New York."
[Amended 3-2-1998 by L.L. No. 4-1998]
The provisions of this chapter shall be part of the Building and Fire Prevention Code set forth in Chapter 81, Building Construction and Fire Prevention.
The provisions of this chapter are enacted in
the interest of public safety, safeguarding of buildings and their
contents from electrical hazards arising from the use of electricity
for light, heat, power and for other purposes and in order to establish
minimum standard practices.
[Amended 7-10-2006 by L.L. No. 4-2006]
This chapter shall apply to all electrical wiring,
apparatus, appliances or equipment for the transmission, distribution
or utilization of electrical energy, currently maintained or hereafter
installed within or on any building or structure, except fuse renewals,
installation of lamps and portable appliances, which, together with
their cables and attachments, have been approved for connection to
appropriate parts of permanent electrical equipment.
The provisions of this chapter shall not apply:
A.
Railroads. To electrical equipment used in connection
with railroads.
B.
Lighting, power, telephone companies. To the following
described electrical equipment used in connection with lighting and
power and telephone companies, generating stations, substations, storage-battery
stations, storage buildings and yards, service switches and controlling
devices and meters and their attached controlling and testing devices,
provided that the electrical equipment hereinbefore referred to is
owned or leased and operated by or for the exclusive benefit of persons
or corporations subject to the jurisdiction of either of the Public
Service Commissions of the State of New York or their successors.
C.
Federal and state buildings. To electrical equipment
in any building owned or under the control of the United States of
America or the State of New York or of any department, bureau or office
thereof.
As used in this chapter, the following terms
shall have the meanings indicated, unless the context requires otherwise:
The License Board appointed by the Board of Trustees.
A certificate issued by an Inspector appointed by the Board
of Trustees.
[Amended 3-2-1998 by L.L. No. 4-1998; 11-17-2003 by L.L. No.
12-2003]
The written authorization of the Board of Trustees of the
Village.
Any person who engages in or carries on as his regular business
the business of installing, erecting, altering, extending, maintaining
or repairing electrical wiring, apparatus, fixtures, devices, appliances
or 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, exclusive of the Fire Department, and who carries
on such business as an independent contractor having the final determination
and the full responsibility for the manner in which the work is done,
for the materials used and for the selection, supervision and control
of any persons employed on the work engaged in by said person.
A license issued to a master electrician, as herein defined,
who, by passing the required examination and tests, has qualified
as a competent person to be a master electrician. In the case of a
partnership, the required examination and tests shall be taken and
passed by at least one partner and the master electrician's license
issued to him as a representative under the license to the partnership.
In the case of a corporation, the required examination and tests shall
be taken and passed by an officer of the corporation and the master
electrician's license issued to him as a representative under a license
to the corporation.
[Amended 12-3-1979 by L.L. No. 10-1979; 5-19-1980 by L.L. No. 5-1980; 6-2-1980 by L.L. No. 8-1980; 3-2-1998 by L.L. No.
4-1998]
It shall be unlawful to install, alter, repair
or use an electric wiring, devices, materials, apparatus or equipment
except in conformance with the rules and regulations of this chapter
and the rules and regulations of the National Electrical Code current
at the time of said installation. A copy of the National Electrical
Code is available for inspection at the office of the Superintendent
of Buildings during normal office hours. The National Electrical Code
is hereby adopted and made a part of this chapter with the following
exceptions:
A.
No service shall be less than three No. 6 wire, and
at least four circuits shall be provided.
B.
(Reserved)
C.
In all fusing branch circuits, only Type "S" nontamperable
plug fuses shall be used. A fuseholder's rating shall not be larger
than the safe carrying capacity of the conductor protected by said
fuse.
D.
The use of aluminum wiring in the interior of any
building or structure in the Village is prohibited, except for service
conductors.
[Added 11-16-1987 by L.L. No. 7-1987]
A.
No person, firm, corporation or purveyor of electricity shall maintain, install or cause to be installed an additional electric meter or increase the existing amperage service, whether to supply electricity for a new or existing building or structure, nor shall any person, firm or corporation maintain, install or cause to be installed any electric meter, as defined in § 112-7 of this chapter, in any building, structure or on any real property within the Incorporated Village of Lynbrook without first obtaining a permit therefor from the Building Department.
[Amended 6-13-1988 by L.L. No. 11-1988; 7-10-2006 by L.L. No. 4-2006]
C.
The fee for electric meter permits issued pursuant
to this section shall be determined by resolution of the Board of
Trustees.
[Amended 6-13-1988 by L.L. No. 11-1988; 11-17-2003 by L.L. No. 12-2003]
D.
Right of entry must be afforded to the Building Superintendent
or his agent pursuant to permit issuance.
E.
Repealer. All ordinances, local laws or resolutions,
or parts of ordinances, local laws or resolutions, of the Incorporated
Village of Lynbrook inconsistent with the provisions of this section
are hereby repealed; provided, however, that such repeal shall be
only to the extent of such inconsistency, and, in all respects, this
section shall be in addition to other legislation regulating and governing
the subject matter covered by this chapter.
F.
Severability. If any section, paragraph, subdivision
or provision of this section shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this section as a whole,
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
[Amended 3-2-1998 by L.L. No. 4-1998; 11-17-2003 by L.L. No.
12-2003]
A.
Authorization to make inspections. The Chief Inspector
and each of the duly appointed Inspectors of any electrical inspection
agency approved by resolution of the Board of Trustees are hereby
authorized and deputized as agents of the Village to make inspections
and reinspections of all electrical installations hereinafter described
and to approve or disapprove of the same. In no event, however, will
the cost or expense of such inspections and reinspections be a charge
against the Village.
B.
No electrical work of any kind may be maintained or
commenced unless and until such time as a copy of the application
for electrical inspection addressed to an appointed electrical inspection
agency has been filed in the office of the Superintendent of the Department
of Buildings.
[Amended 7-10-2006 by L.L. No. 4-2006]
C.
No electrical work, electrical wiring or materials
for light, heat or power or light fixtures, apparatus or appliances
for furnishing light, heat or power may be maintained or placed in
use or operation unless and until a temporary or final certificate
of inspection and approval is obtained from the Inspector.
[Amended 7-10-2006 by L.L. No. 4-2006]
D.
No person shall maintain or supply or cause to be
supplied or used electrical current for light, heat or power to any
wiring or appliances in any building unless and until a certificate
of inspection, temporary or final, approving said wiring and appliance
shall have been issued by the Inspector.
[Amended 7-10-2006 by L.L. No. 4-2006]
[Amended 7-17-2000 by L.L. No. 1-2000; 7-10-2006 by L.L. No.
4-2006]
No person shall maintain a supply or cause to
be supplied or used electrical current for light, heat or power to
any wiring or appliances in any building unless and until:
A.
A certificate of inspection, temporary or final, approving
said wiring and appliances shall have been issued by the inspection
agency appointed by the Village Board;
B.
An electrical permit application therefor is filed
in the office of the Department of Buildings; and
C.
An electrical permit is issued by the Department of
Buildings.
[Amended 3-2-1998 by L.L. No. 4-1998]
If, in the judgment of the Board of Trustees
or its duly appointed representatives, after due inspection, the electric
wiring or appliances in any building shall be deemed unsafe or dangerous
to persons or property, said authorized representative shall have
the power to cause such wires or appliances to be disconnected from
the supplying wires or apparatus and to seal the wiring or appliances
so disconnected. Thereafter, no person shall cause or permit electric
current to be supplied to wiring or appliances so sealed, unless same
shall have been made safe and a certificate to that effect has been
issued by the Inspector; provided, however, that no wiring or appliances
shall be disconnected pursuant to this chapter, until a notice, in
wiring, stating the reason why such wiring or appliances must be disconnected
shall have been served and a duplicate thereof shall have been delivered
to the distributing company or person supplying the current to such
wiring or appliances. Personal service or certified mail addressed
to last known address of the owner or lessee of record and duly mailed
shall be considered proper service under this section.
[Amended 3-2-1998 by L.L. No. 4-1998]
The Board of Trustees is empowered to cause
any electric wiring or appliance for light, heat or power in or on
any building to be examined and inspected.
[Amended 12-3-1979 by L.L. No. 10-1979]
It shall be the duty of the Superintendent of
the Building Department to keep a record of licenses issued, license
fees collected, reports and notices or orders issued. He shall make
an annual report to the Village Board of Trustees of licenses issued,
suspended or revoked, fees collected and recommendations made by the
License Board.
[Amended 3-2-1998 by L.L. No. 4-1998]
A.
Appointment; purposes. The Board of Trustees shall
appoint a License Board of four members plus the Superintendent of
the Department of Buildings. Each member shall serve for four years,
ending on the first Monday in April of the concluding year of that
member's term. The appointments shall be made so that one member's
term shall expire at the end of each successive year. The Board shall
have the power to determine the qualifications and fitness of applicants
for licenses, to recommend to the Board of Trustees, for good cause
shown, the suspension or revocation of any license issued and to act
with respect to other matters requiring their determination provided
for in this chapter.
[Amended 8-21-2000 by L.L. No. 2-2000]
B.
Inspection agency.
(1)
Prior to April 1 of each even-numbered year, the License
Board shall certify and recommend for approval to the Board of Trustees
such inspection agencies as it finds qualified to perform inspections
pursuant to the provisions of this chapter.
[Amended 8-21-2000 by L.L. No. 2-2000; 11-17-2003 by L.L. No.
12-2003]
(2)
The License Board must find that the inspection agencies
it recommends are ones which have good professional standing in the
community of electricians and which have demonstrated reliability
and competence to the satisfaction of the Board.
[Amended 11-17-2003 by L.L. No. 12-2003]
(3)
Any person employed in the capacity as a Chief Inspector
or Inspector must be certified as such by said inspection agency.
(4)
Each inspection agency must provide the License Board
with a certificate of insurance evidencing:
[Amended 11-17-2003 by L.L. No. 12-2003]
C.
Compensation of members. All members of the License
Board shall serve without compensation. However, the renewal fee for
a master electrician's license shall be waived for each Board member.
D.
Vacancies. The Board of Trustees shall have the power
to remove any member of the License Board and to fill any vacancy
therein.
E.
Organization. The License Board shall consist of four
members, plus the Superintendent of the Department of Buildings who
shall act as Chairman. All members shall be master electricians who
have been master electricians for a period of not less than five years.
A majority of the Board shall elect a Secretary.
[Amended 11-17-2003 by L.L. No. 12-2003]
F.
Quorum. Two members plus the Superintendent of Department
of Buildings, who shall be entitled to vote, shall constitute a quorum
of the Board for the transaction of business.
G.
Meetings. The Board shall meet on the call of the
Chairman or on the call of the Village Board.
H.
Alternate members. The Village Board shall appoint a first alternate
member and a second alternate member who shall be called to serve
on the License Board as a temporary replacement for any Board member
who may be unavailable to serve in such situations as recusal, sickness,
vacation, business engagements, or the like. The Chairman shall initially
call the first alternate to serve and, upon the unavailability of
the first alternate to serve, shall call upon the second alternate
to serve.
[Added 7-16-2012 by L.L. No. 7-2012]
Any person holding a master electrician's license
duly issued by the Town of Hempstead, Nassau County, shall be entitled,
without examination, to a license from the Village upon payment of
the prescribed fee.
[Amended 3-2-1998 by L.L. No. 4-1998]
The fees for any license or license renewal
issued under this article shall be in such amounts as set by the Board
of Trustees by resolution.
[1]
Editor's Note: Former § 112-16,
Prorating of fees, was repealed 3-2-1998 by L.L. No. 4-1998.
[Amended 12-3-1979 by L.L. No. 10-1979; 3-2-1998 by L.L. No. 4-1998]
Each initial license issued under this article
shall expire on December 31 of the year it is issued. Any renewal
of such license may be for a term of one or two years. The Superintendent
of the Department of Buildings shall issue such license renewals so
that an equal number will expire in alternate years.
No person not the holder of a license shall
install, alter or repair any wiring or appliances for electric light,
heat or power in or on any building, and no person shall cause any
such work to be done by any person not the holder of such license,
unless employed by and working under the supervision of a person holding
a license as defined herein.
No person not the holder of a license, as defined
herein, shall falsely represent that he holds such license or shall
use in any advertising the words "master electrician" or the words
"licensed electrician" or the words "electrical contractor" or any
words of similar meaning or import on any sign, card, letterhead or
in any other manner.
No master electrician shall directly or indirectly
allow his license to be used in connection with work not actually
done by him or under his supervision.
It shall be unlawful for any person, with intent
to defraud or deceive, knowingly to make a false statement or cause
or procure to be made or aid and assist in the making of a false statement
in an application for certificate of electrical inspection and approval
or in any application provided for in this article or in any proof
or instrument, in writing, in connection therewith or in any examination
hereunder to deceive or substitute or cause another to deceive or
substitute.
[Amended 7-17-2000 by L.L. No. 1-2000; 11-17-2003 by L.L. No.
12-2003]
Licenses may be suspended or revoked for any
of the following causes:
A.
Failure to file, pursuant to § 112-8B herein, an application for certificate of inspection addressed to an appointed inspection agency prior to the beginning of actual work.
B.
Failure, upon receipt of a violation notice, to comply
with the action required by such notice.
C.
Performance of electrical work in any manner contrary
to the requirements of this chapter.
D.
Any improper or fraudulent practice shown to the satisfaction
of the License Board to exist, after a hearing.
[Amended 12-3-1979 by L.L. No. 10-1979; 11-17-2003 by L.L. No. 12-2003]
Any person who is a qualified master electrician
may apply for a master electrician's license to the License Board,
which shall determine the fitness of such applicant by such examination
as it may deem fit. Any such applicant shall pay a fee in such amount
as set by the Board of Trustees for each examination for such license;
provided, however, that if the applicant shall qualify on such examination,
such sum shall be applied to the cost of the license fee.
[Amended 12-3-1979 by L.L. No. 10-1979]
Written or written and practical examinations
administered to applicants shall be so prepared as to test the applicant's
knowledge of the provisions of the National Electrical Code and the
Electrical Code of the Incorporated Village of Lynbrook and the work
covered thereby, and no license shall be issued unless the applicant
attains a passing mark of not less than 70% in such examination. In
addition, the License Board shall conduct such investigation as may
be proper to determine the applicant's character.
[Amended 12-3-1979 by L.L. No. 10-1979]
Every applicant under § 112-23 must:
A.
Have seven years' experience as an electrician, including
at least three years as a journeyman, or hold an electrical engineering
degree from an accredited institution; and
B.
Be 24 years of age prior to examination date; and
C.
Have a thorough knowledge of the electrical trade
and related subjects and the National Electrical Code and the Electrical
Code of the Incorporated Village of Lynbrook; and
D.
Be of good moral character and be a citizen of the
United States.
[Amended 12-3-1979 by L.L. No. 10-1979]
A.
Every licensed master electrician, before beginning
operations under his license, shall file and maintain in force evidence
of financial responsibility as follows:
(1)
Certificate of liability insurance coverage issued
by an insurance company licensed to do business in New York State,
in the minimum amounts of $1,000,000 each person and $3,000,000 aggregate
for bodily injury and $500,000 for property damage; and
[Amended 11-17-2003 by L.L. No. 12-2003]
(2)
Certificate of workers' compensation insurance coverage,
if applicable.
B.
Termination of the required insurance coverage shall
simultaneously revoke the holder's license. The aforementioned certificates
of insurance coverage shall be filed with the Superintendent of the
Building Department.
[Amended 12-3-1979 by L.L. No. 10-1979]
Any person deeming himself aggrieved by any
ruling, decision or order of the Superintendent of the Building Department
or the authorized representative of the Board of Trustees made under
this article may apply, in writing, to the Board of Trustees at any
meeting thereof for a review of such ruling, decision or order, and
after such review the Board of Trustees may modify or revoke such
ruling, decision or order and, upon good and sufficient cause being
shown therefor, remit any penalty which may have been incurred.
[Amended 11-17-2003 by L.L. No. 12-2003]
A.
The owner of a building, structure or premises or
part thereof where a violation of any provision of this chapter shall
exist and any contractor, builder, architect, agent, person or corporation
employed in connection therewith and who may have assisted in such
violation shall each be guilty of separate violations of this chapter.
A tenant shall be deemed an owner for the purposes of this chapter.
[Amended 7-10-2006 by L.L. No. 4-2006]
B.
Violation of any provision of this chapter shall be
punishable by a fine not to exceed $250. Each week such violation
shall continue to exist after notice thereof is given by the Department
of Buildings shall constitute an additional and separate violation
punishable by a fine not to exceed $250.[1]
[1]
Editor's Note: Former Article II, Metal Veneers,
and Article III, High Tension Lines, which immediately followed this
section, were repealed 3-2-1998 by L.L. No. 4-1998.
