[HISTORY: Adopted by Common Council of City
of North Tonawanda as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-6-1960]
This article shall be known as the "Electrical
Code of the City of North Tonawanda, New York."
Since there is danger to life and property inherent
in the use of electrical energy, this electrical ordinance is enacted
to regulate the installation, alteration or repair of wiring for electrical
light, heat or power and signal systems operating on 50 volts or more
in or on all real property within the City of North Tonawanda.
All electrical installations heretofore mentioned
shall be made in conformity with the requirements of the National
Electrical Code, except where the provisions of this article or any
other local law, ordinance or Building Code[1] of the City of North Tonawanda shall differently prescribe,
in which event compliance with the provisions of such local law, ordinance
or Building Code shall be recognized as proper compliance with this
article. The requirements of the National Electrical Code shall be
those known as National Fire Protection Association Pamphlet No. 70
as approved, adopted and amended by the American Standards Association.
[1]
Editor's Note: The New York State Building
Code was adopted by resolution of the Common Council on 6-2-1958.
[Amended 8-18-2009]
The Chief Inspector and each of the duly appointed
inspectors of the City of North Tonawanda are hereby authorized to
make inspections and reinspections of all electrical installations
heretofore and hereafter described and to approve or disapprove the
same. In no event, however, will the cost or expense of such inspection
and reinspections be a charge against the City of North Tonawanda.
[Amended 8-18-2009]
It shall be the duty of the Inspector to report,
in writing, to the Building Inspector, whose duty it shall be to enforce
all the provisions of this code, all violations of or deviations from
or omissions of the electrical provisions of the National Electrical
Code and of all local laws, ordinances and the Building Code as referred
to in this article insofar as any of the same apply to electrical
wiring. The Inspector shall make inspections and reinspections of
electrical installations in and on properties in the City of North
Tonawanda upon the written request of an authorized official of the
City of North Tonawanda or as herein provided. The Inspector is authorized
to make inspections and reinspections of electrical wiring installations,
devices, appliances and equipment in and on properties within the
City of North Tonawanda where he deems it necessary for the protection
of life and property. In the event of an emergency it is the duty
of the Inspector to make electrical inspections upon the oral request
of an official or officer of the City of North Tonawanda. It shall
be the duty of the Inspector to furnish written reports to the proper
officials of the City of North Tonawanda and owners and/or lessees
of property where defective installations and equipment are found
upon inspection. He shall authorize the issuing of a certificate of
compliance when electrical installations are in conformity with this
article. He shall direct that a copy of the certificate of compliance
be sent to the City of North Tonawanda, to the attention of the Building
Inspector.
[Amended 8-18-2009]
It shall be a violation of this article for
any persons, firm or corporation to install or cause to be installed
or to alter or repair electrical wiring for light, heat or power in
or on properties in the City of North Tonawanda until an application
for inspection has been filed with the Building Inspector. It shall
be a violation of this article for a person or firm or corporation
to connect or cause to be connected electrical wiring in or on properties
for light, heat or power to any source of electrical energy supply
prior to the issuance of a temporary certificate or a certificate
of compliance by the Building Department.
[Amended 8-18-2009]
Any person, firm or corporation who shall violate
any of the provisions of this article or any rule or regulation made
pursuant thereto shall be guilty of a violation, which for the purposes
of this article shall be designated as an offense, and shall be assessed
a fee of not more than $100, and each day on which such violation
continues shall constitute a separate offense.
The provisions of this article shall not apply
to the electrical installations in mines, ships, railway cars, automotive
equipment or the installations or equipment employed by a railway,
electrical or communication utility in the exercise of its function
as a utility and located outdoors or in buildings used exclusively
for that purpose. This article shall not apply to any work involved
in the manufacture, assembly, test or repair of electrical machinery,
apparatus, materials and equipment by a person, firm or corporation
engaged in electrical manufacturing as their principal business. It
shall not apply to any building which is owned or leased in its entirety
by the government of the United States or the State of New York or
any manufacturer or industrial plants employing full-time electricians
to do electrical work on their own property.
If any part or provision of this article or
the application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this article or the application thereof to other
persons or circumstances, and the Common Council of the City of North
Tonawanda hereby declares that it would have passed this article or
the remainder thereof had such invalid application or invalid provision
been apparent.
All ordinances and parts of ordinances inconsistent
with this article are hereby repealed.
This article shall take effect seven days after
publication.
[Adopted 5-16-2017]
This ordinance shall be known as the "Electrical Licensing Ordinance
of the City of North Tonawanda, New York."
For the purpose of this article, the terms used herein are defined
as follows:
The installation, maintenance, extension and alteration of
wiring, fixtures, appliances and appurtenances in connection with
all of the following: electrical distribution, wiring and protection,
methods and materials, special occupancies, grounding, motors and
controls, transformers, fire protection systems, optical fiber systems
and communications systems, and any other type of installations as
required by the National Electrical Code, as amended from time to
time.
Any person, firm or corporation engaged in the business of
installing, altering or repairing of electrical wiring, systems or
equipment in the City of North Tonawanda.
A.
It shall be unlawful for any person, firm or corporation to engage
in, carry on or conduct or to hold himself or itself out as being
able to engage in, carry on or conduct any business involving electrical
work in the City of North Tonawanda, unless such business shall be
conducted under a current electrician's license issued in accordance
with the provisions hereof. A person, firm or corporation shall be
deemed to be licensed if such person, firm or corporation is a license
holder or if such person, firm or corporation is an employee or subcontractor
of a licensed person, firm or corporation.
B.
A licensee may hire employees to do electrical work or may subcontract
such work, but in any event all electrical work must be done by or
under the supervision of a master electrician.
C.
Electrical work performed by a utility company in its normal function
of supplying its particular service to the meter of any building,
structure or premises may be performed without a license and need
not be under the supervision of a master electrician.
D.
A license is not required by the provisions of this section for persons
executing the following classes of work:
(1)
Any electrical work performed in a single-family residence by the
owner-occupant, which does not exceed 250 volts.
(2)
Any work done by persons employed by manufacturers or purveyors of
electrical equipment in servicing their own products.
(3)
The connection or disconnection of portable plug-in appliances to
permanently installed receptacles or the attachment or disconnection
of input terminals of electrical appliances; the replacement of defective
devices with directly interchangeable types, i.e., fuses, lamps, switches
(when enclosing boxes are not disturbed), receptacles, sockets, motors,
transformers, ballasts, relays, timers, heaters, circuit breakers
or fuse holders that are part of a control-assembly and similar devices
that generally do not disturb the fixed wiring system; any electrical
work performed on portables themselves or within the internal assembly
of appliances; all classes of normal adjustments to electrical devices;
and the rewinding and repair of motors and similar devices.
(4)
Transmission lines controlled by the utility from the source of supply
to the service connection on the premises where used or any electrical
installation that occurs beyond the defined "service connection."
(5)
Public service companies authorized to generate or sell electricity.
(6)
Automotive, railway, aeronautical or marine equipment.
(7)
Such other highly specialized or restricted activities within which
the Building Inspector may determine that the need does not exist
for requiring licensure on the part of those performing electrical
work on such operations, nor is the safety or welfare of the general
public jeopardized by the lack of requiring licensure for such operations.
A.
The Building Inspector shall issue an electrician's license
to any qualified person, firm or corporation upon presentation of
a duly completed and executed application, payment of the fee as required
herein and filing of the certificate of insurance as required herein.
The information required in the application shall be determined by
the Building Inspector.
B.
An applicant for an electrician's license shall be deemed qualified
as follows:
(1)
If a person, such person or at least one full-time employee of that
person must hold a master electrician certificate.
(2)
If a firm, in the case of a partnership, at least one active partner
or full-time employee thereof holds a master electrician certificate
or, in the case of a sole proprietorship, the owner or at least one
full-time employee holds a master electrician certificate.
(3)
If a corporation, such corporation has at least one full-time employee
holding a master electrician certificate.
C.
An application for an electrician's license shall be duly completed
when the following requirements are met:
(1)
A qualified person states his name and address, the name and address
of his business establishment and the name and address of the master
electrician in his employ.
(2)
A qualified firm or corporation states the name and address of the
business establishment and the names and addresses of its partners
in the case of a partnership, its owner's name and address in
the case of a sole proprietorship or the names and addresses of its
officers and directors in the case of a corporation; in addition,
such firm, corporation, partnership or sole proprietorship shall also
disclose the name and address of the master electrician in its employ.
(3)
Such qualified person, firm or corporation shall complete and execute
an application for an electrician's license in such form as may
be prescribed and amended from time to time by the Building Inspector
and furnish such information as the Building Inspector.
D.
All required fees shall be paid by the applicant when filing an application
for a license or for a change in type or status or when renewing a
license. All fees shall be paid to the Building Department. The required
fee shall be $125 per year.
E.
The licensee shall file with the Building Inspector a policy or certificate
of insurance evidencing coverage for the licensee's operations
and naming the City of North Tonawanda, New York, as an additional
insured in the amount of $1,000,000.
F.
Such license shall be valid January 1 to December 31 in each year.
The licensee may renew the license by submitting to the Building Inspector,
within 30 days preceding expiration of the license, such documentation
and information as the Building Inspector may require, paying the
required fee and furnishing the certificate of insurance required
by this article.
G.
Restriction on use of license.
(1)
Except as herein provided, no licensed person, firm or corporation
duly licensed pursuant to this article shall allow his name to be
used by any other person, firm or corporation.
(2)
A license is not transferable or assignable to any successor in the
business or to any person whosoever under any circumstances.
H.
Within seven days of the change, any licensed person, firm or corporation,
as applicable, shall notify the Building Inspector, in writing, of
the following:
I.
During any license year, it shall be the obligation of every licensed
person, firm or corporation to be in continuous compliance with the
qualifications and requirements needed to obtain an electrician's
license, and in the event of a failure to do so, the license issued
shall become null and void and the licensee shall immediately surrender
such license to the Building Inspector.
A.
A master electrician shall be a natural person who holds a master
electrician certificate issued pursuant to this article.
B.
A master electrician certificate shall be issued by the Building
Inspector if a person has qualified for and passed an examination
with a minimum grade of 75% as hereinafter required.
[Amended 3-5-2019]
C.
Such examination shall be prepared and reviewed by an approved third-party
examiner. It shall consist of a written exam which will fairly test
the qualifications and knowledge of the applicant. In order to qualify
to receive an application to take such examination, a person must:
(1)
Satisfactorily demonstrate to the Building Inspector that he has
worked under the supervision of a licensed master electrician for
a period of 10,000 hours, performing the following: the installation,
maintenance, extension and alteration of wiring, fixtures, appliances
and appurtenances in connection with all of the following: electrical
distribution, wiring and protection, methods and materials, special
occupancies, grounding, motors and controllers, transformers, fire
protection systems, optical fiber systems, communications systems
and any other type of installation as required by the National Electrical
Code, as amended from time to time.
(2)
Have paid a fee of $125.
(3)
Satisfactorily demonstrate to the Examining Board of Electricians
that the applicant is of good moral character.
D.
It shall be unlawful for any person to hold himself out as a master
electrician unless he is the holder of a valid master electrician
certificate.
E.
Waiver of examination.
(1)
The Building Inspector is empowered to waive the examination requirement
for any person who currently holds a valid master electrician's
license certificate issued by a city, town or village which has a
comprehensive competency examination requirement for the issuance
of a master electrician's license.
(2)
Such person must comply with all of the requirements associated with
this article.
(3)
In the event that the Building Inspector waives the requirement for
an examination as provided herein, the person receiving such waiver
shall pay a fee of S125 in order to receive his master electrician's
certificate.
A.
All licenses shall expire each year on the 31st day of December.
B.
Each license issued shall be posted in a conspicuous place on the
contracting establishment.
C.
Any license which has not been suspended or revoked may, upon the
payment of a fee prescribed by this article, be renewed for additional
period of one year from its expiration upon the filing of an application
for renewal on a form to be prescribed by the Building Inspector upon
payment of the fee prescribed therefor by this article.
D.
A duplicate contractor's license may be issued for a lost, destroyed
or mutilated license upon application therefor to the Building Inspector
and upon payment of a license replacement fee of S100.
E.
No license shall be assignable or transferable.
A.
A renewal license for a master electrician or residential electrician
shall be issued by the Building Department each year to any person,
firm or corporation holding the same license at the expiration of
the preceding year, without examination, upon payment of the license
fee provided for such license.
B.
The application for renewal of a license shall take the form or forms
prescribed by the Building Department. The applicant shall make application
for renewal of a license in the office of the Building Inspector no
later than January 31. The applicant shall specifically state the
type of license for which renewal application is made. The applicant
shall pay a total license fee for renewal at the time application
for renewal is made.
C.
All licenses are renewable for a twelve-month period. Any person
holding a valid license will not be subject to a formal examination
to obtain renewal of a license, provided that a renewal application
is submitted and all required fees are paid by January 31. Late renewal
applications (submitted February 1 to February 28/29) may also be
made without examination upon payment of an additional late renewal
fee. Failure to renew a license by the February 28/29 expiration date
will result in automatic revocation of the license. In the event of
a disability or serious illness of the licensee, the Building Inspector
may, in its discretion, extend the renewal date without penalty up
to one year beyond the February 28/29 expiration date.
D.
Licenses which have been suspended or revoked may be renewed with
or without examination in accordance with the rules and regulations
of the Building Inspector. In the event that a license is suspended
during the time required for its renewal, the applicant shall apply
for renewal on the regular prescribed forms but will be required to
pay the additional fee as hereinafter prescribed and be subject to
reinstatement at a date different than the normal renewal date. In
the event that a license has been revoked, a new application for a
license may be made by the applicant. No portion of previous fees
paid are redeemable because of lost time during the suspension or
revocation of a license.
No individual shall falsely represent himself or herself as
a master electrician or employing electrician by the use of the words
"master electrician," "special electrician," "licensed electrical
contractor" or words of similar import or meaning on signs, cards,
stationery, telephone directories or in any other manner whatsoever.
A.
Violations of this article may also be enforced pursuant to § 28A-10 of the Municipal Code, and violators shall be subject to the penalties set forth in said chapter.
B.
If a person, firm or corporation does not renew, then later wishes
to do business inside of the City of North Tonawanda, they will owe
the fee for every prior year that they were not licensed.
If any section, subsection, sentence, clause, phrase or portion
of this article is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
All ordinances and parts of ordinances inconsistent with this
article are hereby repealed.
This ordinance shall take effect January 1, 2018.
