State law reference: Authority to regulate for prevention, extinguishment of fires, § 20, Subdivision 12, of the General City Law.
DIVISION 1 IN GENERAL
DIVISION 2 LICENSING OF ELECTRICIANS
[Ord. of 6-15-1959, § 1]
This article shall be known as the "Electrical Code of the City of Poughkeepsie."
[Ord. of 6-15-1959, § 2]
Since there is danger to life and property inherent in the use of electrical energy, this article is enacted to regulate the installation, alteration or repair of wiring for electric light, heat or power and signal systems operating on 50 volts or more in or on all real property within the City.
[Ord. of 10-15-1928, § 1]
As used in this article, the term "master electrician" shall be and include any person engaged in or holding himself out as engaged in the business of electrical contracting or construction, installing, erecting, altering and repairing or contracting to install, erect, alter or repair any electric wires or other conductors, used or to be used for the transmission of electrical current for electric light, heat or power purposes, molding, ducts, raceways, conduits or other appliances or devices for the reception or protection of such wires or conductors or any electrical machine, machinery, apparatus, device, medium or factor, used or to be used for electric light, heat or power purposes.
[Ord. of 6-15-1959, § 3; Ord. of 1-15-1968; Ord. of 2-23-1972; Ord. of 3-1-1993, § 1]
All electrical installations heretofore mentioned shall be made in conformance with the requirements of the National Electrical Code as most currently amended, which is hereby adopted and incorporated by reference, except where the provisions of this article or any other local law or ordinance or building code of the City of Poughkeepsie shall differently prescribe, in which event compliance with the provisions imposing the more restrictive standard shall be required. The requirements of the National Electrical Code shall be those known as "National Fire Protection Association Pamphlet N.F.P.A. No. 70," as most recently approved and adopted by the American National Standards Institute.
[Ord. of 6-15-1959, § 8]
The provisions of this article shall not apply to electrical installations in mines, ships, railway cars or automotive equipment or the installations or equipment employed by the 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 engaged in electrical manufacturing as a principal business. It shall not apply to any building which is owned or leased in its entirety by the governments of the United States or the State of New York.
[Ord. of 10-15-1928, § 15]
The provisions of this article shall not apply to persons regularly employing electricians for the maintenance, repair, alteration or extension of the electric wires, conductors, electrical machinery, apparatus or appliances on their own property nor to electric corporations, as defined in the Transportation Corporation Law of this state, and their employees engaged in performing such work in the conduct of the business of the corporation.
[Ord. of 6-15-1959; § 9; Ord. of 1-16-1997, § 2]
This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electric wiring, devices, appliances or equipment for loss of life or damage to persons or property caused by any defect therein, nor shall the city or any electrical inspector certified by the city be deemed to have assumed any such liability by reason of any inspection made pursuant to this article.
[Ord. of 6-15-1959, § 4; Ord. of 1-16-1997, § 3; Ord. of 2-7-2005, § 1]
Any person, business, agency, partnership or corporation certified by the City Fire Chief to perform electrical inspections in the City is hereby authorized and deputized as an agent of the City to make inspections and reinspections of all electrical installations theretofore and hereafter described and to approve or disapprove the same. In no event, however, will the cost of expense of such inspections and reinspections be a charge against the City.
[Ord. of 6-15-1959, § 5; Ord. of 12-19-1977, § 1; Ord. of 3-1-1993, § 2]
It shall be the duty of the inspector to report in writing to the Chief Code Enforcement Officer, 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 referred to in this article insofar as any of the same apply to electrical wiring.
The inspector shall make inspections and reinspection of electrical installations in and on properties in the city as herein provided. The inspector is authorized to make inspections and reinspection of electrical wiring installations, devices, appliances and equipment in and on properties within the city where he/she deems it necessary for the protection of life and property. In the event of any emergency, it shall be the duty of the inspector to make electrical inspections upon the oral request of an official or officer of the City.
It shall be the duty of the inspector to furnish written reports to the proper officials of the city and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection.
He/she shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformance with this article and shall direct that a copy of the certificate be sent to the city to the attention of the Building Inspector.
[Ord. of 6-15-1959, § 6; Ord. of 1-16-1997, § 4]
It shall be a violation of this article for any person 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 until an application for inspection has been filed with a certified electrical inspector and a permit issued.
It shall be a violation of this article for a person 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 a certified electrical inspector.
[Ord. of 6-15-1959, § 7]
Any person who shall violate any of the provisions of this article or any rule or regulation promulgated pursuant thereto shall be guilty of disorderly conduct and, upon conviction thereof, may be punished as prescribed in Section 6-11 for violation of the Building Code, and each day on which such violation continues shall constitute a separate offense.
State law reference: Authority to license and regulate businesses and occupations, § 20, Subdivision 13, of the General City Law.
[Ord. of 10-15-1928, § 3; Ord. of 3-1-1993, § 3; Ord. of 6-5-1997, § 1; Ord. of 2-7-2005, § 1; Ord. No. O-11-01, 1-3-2011, § 11]
Appointment. The Mayor shall appoint an Examining Board of Electricians. The Building Inspector of the City during his/her term of office, shall be a member of said Board. The Mayor shall select annually one or more certified electricians to conduct electrical inspections for the City to the Board. In addition, the Mayor shall appoint two employing or master electricians of not less than five years' practical experience in such work and one journeyman electrician of like experience.
Term of office. The term of office of each member designated by the Mayor shall be initial terms of one year and reappointment upon the expiration of such term for subsequent terms of three years, and said members designated by the Mayor shall hold office until their successors are appointed. Vacancies occurring before the expiration of one term shall be filled for the unexpired term.
Age and residency. All members of such Board shall be at least 30 years of age and residents of the City.
[Ord. of 10-15-1928, § 4; Ord. of 3-1-1993, § 4]
Officers. The Examining Board of Electricians shall meet and organize within 10 days after the appointment of its members and at such meeting shall elect one of its members President and one Secretary to serve one-year terms.
Rules and regulations. It shall adopt rules and regulations, not inconsistent with this chapter, for the conduct of the meetings and business of the Board, for the receiving of applications for licenses, the investigation and examination of applicants, prescribing the duties of its President and Secretary and other matters incidental to the powers and duties of the Board as herein provided and shall have the power to change and amend such rules and regulations by majority vote of the whole Board at any regular or special meeting. The Board shall file a copy of its rules and regulations, and of any changes or amendments thereof, certified by the Secretary, with the Building Inspector and City Chamberlain, forthwith upon the adoption of the same, and the same shall, at all reasonable times, be open to public inspection.
[Ord. of 10-15-1928, § 5]
The Examining Board of Electricians shall meet regularly once in each month at a time and place to be fixed by it and at such other times as it may deem necessary for the transaction of such business as may properly come before it. Special meetings may be called as in the rules and regulations provided.
[Ord. of 10-15-1928, § 7; Ord. of 3-1-1993, § 5]
The Examining Board of Electricians shall investigate and examine as to the qualifications and fitness of each applicant for a license hereunder, shall formulate examinations to be held twice per year at a designated site in the city by the Board for the testing of applicants and shall investigate all charges preferred against any person holding a license granted hereunder and the fitness of any person to hold a license granted hereunder against whom charges shall have been preferred. Within five days after the completion of any such investigation or examination, the Board shall file its report, in writing, signed by its President and Secretary.
[Ord. of 10-15-1928, § 16; Ord. of 3-1-1993, § 6]
All books and records of the Examining Board of Electricians shall be deposited and kept in the office of the Building Inspector.
[Ord. of 10-15-1928, § 2]
No person shall engage in or conduct the business of a master electrician in the City until such person shall have applied for and obtained a license to engage in such business as herein provided.
[Ord. of 10-15-1928, § 8; Ord. of 3-1-1993, § 7]
No license as an electrician shall be granted to any person unless he/she shall prove to the satisfaction of the Examining Board of Electricians that he/she has or intends in good faith to establish a place for the regular transaction of business; that he/she is a competent electrician and qualified to do electrical contracting construction and installation work and electrical wiring; that he/she has a working knowledge of electricity and the natural laws and functions of electricity and of appliances, apparatus and devices for electrical light, heat and power purposes used and required in such work; and that he/she has a practical working knowledge of the National Electric Code requirements as demonstrated in the applicant's obtaining a passing grade of 70% or above on the examination given by the Board in accordance with Section 6-109 of this chapter. No such license shall be granted to any person who is less than 21 years of age nor to any person who shall not subscribe and take an oath that he/she has had at least five years' practical experience in such work.
[Ord. of 10-15-1928, § 9; Ord. of 12-19-2005, § 1]
Upon determining the qualifications of any applicant for an electrician's license, the Examining Board of Electricians shall, upon proof of insurance as set forth in Subsection (b) below, forthwith issue to such applicant a license hereunder authorizing the holder to engage in the business of a master electrician within the City and shall register his or her name alphabetically, his or her business address and the number and date of the license in a book to be kept in its office for that purpose.
Every licensed electrician shall, at the time of the issuance of a license, the renewal of a license or the issuance of an electrical permit, maintain liability insurance for loss resulting from bodily injury or death of any person (other than an employee of the licensed electrician) or property damage occurring by reason of or resulting from the electrical work performed or in the process of being performed by such person or any such persons, employees, agents, contractors or subcontractors. Such insurance shall be kept and maintained in full force and effect at all times during the term of the license issued to an electrician under this article. Such insurance shall be evidenced by a certificate of insurance naming the City of Poughkeepsie as the certificate holder. The face amount of the policy shall not be less than $1,000,000 per occurrence. The policy shall provide that cancellation shall require a minimum of 10 days' written notice of cancellation directed to the City of Poughkeepsie Building Department. Such policy shall be written on an occurrence basis and shall be issued by a company authorized to do business in New York State. A certificate from the insurance carrier certifying such coverage shall be filed by the electrician at the time his or her license is issued, at the time of renewal of said license or when a permit is granted.
Editor's Note: This ordinance also provided that it shall take effect 1-1-2006.
[Ord. of 10-15-1928, § 10; Ord. of 9-27-1976, § 1, 2; Ord. of 3-1-1993, § 8; Ord. No. O-07-14, § 1; Ord. No. O-09-03, § 1; Ord. No. O-11-01, 1-3-2011, § 7]
Original license. An applicant for an electrician's license shall pay a nonrefundable application fee in an amount as set forth on the fee schedule adopted by the Common Council in accordance with Section 6-26. The original license shall expire on December 31 of the year it was issued, and there shall be no reduction in the annual fee and the annual fee shall not be prorated. An application and fee for a license shall be filed within 60 days after notification of successful completion (passing) of an examination.
Refund. Should such license be denied, the sum deposited by the applicant shall not be returned to him/her.
Letter of good standing. Any licensed electrician in the City of Poughkeepsie may request a letter of good standing for electrical work to be preformed in other municipalities. The fee for a letter of good standing shall be $75 per request, and notice for such a request shall be provided at least 24 hours in advance to the Building Department. The letter of good standing shall include the letter of good standing and a certified copy of the City of Poughkeepsie electrical license.
[Ord. of 10-15-1928, § 11]
No electrician's license issued as herein provided shall be assignable or transferable.
[Ord. of. 10-15-1928, § 12; Ord. of 12-19-2005, § 1; Ord. No. O-02-15, § 1; Ord. No. O-11-01, 1-3-2011, § 8]
Whenever an electrician's license shall have been issued as herein provided, it shall be renewed annually without further examination, provided that the holder thereof, within 30 days after January 1 in each year, shall provide a certificate of liability insurance as set forth in Section 6-113(b) and pay the annual license fee as hereinbefore prescribed. Such annual renewal shall be certified by the endorsement thereof upon said license, subscribed by the President of the Examining Board of Electricians. Any lapse in renewal shall require a payment of an administrative fee in an amount equal to the license fee. This administrative fee shall be in addition to the reapplication fee. Applications for renewal submitted beyond April 1 in each year shall become null and void and require reexamination. Prior to expiration, a licensed electrician may petition the Building Inspector to suspend his/her license. An electrician whose license has been suspended at the electrician's request may reinstate such license at any time within five years from the date the license was scheduled to expire. There shall be a fee in addition to the license fee to reinstate a license that has been suspended at the request of the electrician.
[Ord. of 10-15-1928, § 13; Ord. of 3-1-1993, § 9]
Authority. Any electrician's license or renewal may be revoked at any time by the Examining Board of Electricians, after hearing upon written charges, if the licensee, his/her agent, servant or employee performing any work under his/her direction shall willfully violate any law or ordinance relating to electrical construction or make any electrical installation in a negligent or careless manner or which is a hazard to life or property.
Refund of license fee. No refund of any portion of a license fee shall be made upon the revocation of a license.
Relicensing. No license shall be granted to a person whose license has been revoked for a period of one year from the date of such revocation.
[Ord. of 10-15-1928, § 6]
Applicants for licenses, licensees and persons desiring to prefer charges against the holder of a license granted hereunder shall conform to and comply with all rules and regulations of the Examining Board of Electricians respecting the filing of applications for licenses and the preferring and hearing of charges against licensees.
[Ord. of 3-1-1993, § 10; Ord. of 10-19-2005; § 1; Ord. No. O-07-16, § 1]
An individual licensed as an electrician in another municipality of New York State shall be eligible for a special license in the City of Poughkeepsie from the Examining Board of Electricians without the necessity of complying with the provisions of Section 6-112 of this chapter, provided that the Examining Board of Electricians determines that the licensing municipality has adopted and followed the same electrical codes set forth in Section 6-93 of this chapter, requires the same or substantially the same qualifications to license the electrician as the City of Poughkeepsie and that the licensing municipality agrees in writing to reciprocate by permitting electricians licensed by the City of Poughkeepsie to perform electrical work in that jurisdiction without the necessity of obtaining an electrician's license in that jurisdiction, and provided a certificate of liability insurance as set forth in Section 6-113(b) is submitted. Said special license shall be required before each job is performed. The fee for such license shall be $250 per electrical job up to $10,000, $600 per electrical job from $10,000 to $100,000, and $1,500 per electrical job in excess of $100,000.