[HISTORY: Adopted by the City Council of
the City of Troy 3-1-1973; amended in its entirety 9-5-2019 by Ord. No. 71. Subsequent
amendments noted where applicable.]
For the purposes of this chapter, the following definitions
shall apply:
The Electrical License Board of Examiners provided for in
this chapter.
A person who holds a valid Class A license or Class B license
issued in accordance with the provisions of this chapter.
A natural person.
A.
There is hereby created a board to be known as the "Electrical License
Board of Examiners," which shall consist of three members as follows:
(1)
One local representative from any one of the electrical inspection agencies listed in § 141-52, such representative to be the electrical inspector assigned to the City territory.
(2)
Two master electricians with at least 10 years' experience in
the City of Troy, primarily engaged in the electrical field.
B.
Each member shall be appointed by the Mayor to serve 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.
C.
The administrator of the Board of Examiners shall be the City Clerk.
D.
As of January 1, 2020, each member of the Board of Examiners shall
receive a fee of $600 a year, and the administrator of the Board shall
receive $1,200 a year. Each member of the Board of Examiners who is
qualified to hold a Class A license shall be entitled to receive such
license and/or renewals thereof without paying a fee.
E.
The Board of Examiners shall elect its own Chair. A majority of the
membership of the Board shall constitute a quorum to transact the
business of the Board. The Board shall meet at the call of the Chair,
who shall call a meeting whenever they or a majority of the Board
shall consider such meeting desirable for the proper and efficient
conduct of the business of the Board.
A.
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 Class A or Class B license as provided for in this chapter or is working for a company that employs an electrician who holds a Class A or Class B license as provided for in the chapter, except as provided in § 148-13.
B.
Every company performing electrical work in the City of Troy must
employ a licensed master electrician.
C.
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 for the
duration of the license. 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 before the expiration date.
A.
Any person desiring to procure a Class A license as provided for
in this chapter shall make application for such license to the City
Clerk, using the form provided and submitting such documentation as
shall be required by the Board.
B.
The City Clerk shall within five days after the receipt of an application
for a Class A license deliver such application to the Board of Examiners,
who shall assess the application to determine the fitness of the applicant
to take the written examination.
C.
The Board shall examine applicants for licenses to determine the
qualifications and fitness of the applicants to receive Class A licenses
to engage in business as master electricians. The nature of the examinations
conducted under this chapter shall be determined by the Board. The
Board and the administrator shall adopt such written rules and regulations
as they may deem necessary for such examinations.
D.
Applicants must earn a minimum grade of 75% to pass the exam. An
applicant who has failed in his/her 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.
Upon notification by the Board of Examiners that the applicant has passed the examination and that the applicant has met all the requirements of the Board to receive a Class A license, the City Clerk shall issue the license to engage in the business as provided for in § 148-3. All Class A licenses shall be numbered in the order in which they are issued, and each license shall state the class of license, the name and address of the holder, and the expiration date of the license.
A.
At the time of examination, approved applicants shall pay a nonrefundable
exam fee of $100.
B.
Upon passing the exam, a Class A license shall be issued for a fee
of $150 and shall expire at the end of the calendar year in which
it was issued.
C.
For each subsequent annual renewal of a Class A license, a fee of
$150 shall be paid.
D.
All fees shall be paid to the City Clerk and shall be subsequently
paid by the City Clerk to the Treasurer of the City.
A.
Each Class A license shall expire at the end of the calendar year in which it was issued, consistent with § 148-6 herein. Each Class A license shall be renewed, without further examination, if the complete application for renewal and appropriate renewal fee are received by the City Clerk on or before December 15 of each calendar year. A completed renewal application shall include proof of completing at least six hours of continuing education in the electrical field during the current calendar year, and either proof of workers' compensation/disability insurance (NYS Form C-105.2) or proof of exemption (NYS Form CE-200).
B.
The City Clerk shall accept the filing of all late applications received
after December 15, provided the late application is received by the
City Clerk within nine months of the filing deadline. 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 and all fees, the City Clerk shall issue the renewal
license.
C.
Renewal applications received after nine months of the filing deadline
shall be required to retake the licensing examination.
A.
Any person desiring to procure a Class B license as provided for
in this chapter shall make application for such license to the Department
of Code Enforcement using the form provided and submitting such documentation
as shall be required by the Department and the appropriate fees.
B.
The Department shall within 10 days after receipt of any application
for a Class B license assess the application to determine the fitness
of the applicant to execute the work described therein.
Upon approval of the Class B license application, the Department
of Code Enforcement shall inform the City Clerk, who shall issue the
Class B license. All Class B licenses shall state the class of license,
the name and address of the holder, and the location of the property
covered by the license.
No license granted under this chapter shall be transferable, and no license shall be used for the interests of any unlicensed electrician, except as provided for in § 148-3.
A.
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.
B.
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 willfully violated any of the provisions of any such
ordinance, or by continued violation has proven his/her 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.
A.
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.
B.
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/her 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.