[HISTORY: Adopted by the County Legislature of the County
of Ulster 5-21-2019 by L.L. No. 3-2019. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Ulster
County Electrical Licensing Law."
The Ulster County Legislature hereby finds that the installation, repair and improvement of electrical services and wiring in residential and commercial structures is a unique occupation requiring experience and skills not commonly required for persons performing other occupations. The improper installation, repair and improvement of electrical wiring may create hazardous conditions for occupants and the community. The Ulster County Legislature finds that the licensing of electricians is a fair and effective method to ensure that qualified persons practice the electrical trade in Ulster County in order to protect the public. Nothing in this chapter is designed to interfere with or shall be construed to interfere with any existing state or local law or the industry practice relating to electrical work; authority of the local municipalities within Ulster County to issue certificates of occupancy or any permits necessary for the performance of electrical work to an electrician who has a license issued by the Electrical Licensing Board pursuant to this chapter; or a homeowner from making electrical repairs to his/her residence, except as provided in § 185-21 of this chapter.
For the purposes of this chapter, the following terms shall
have the following meanings:
The Ulster County Electrical Licensing Board established
by this chapter.[1]
The Chairperson of the Ulster County Electrical Licensing
Board.
[Added 8-17-2021 by L.L. No. 8-2021[2]]
The Commissioner of the Department of Public Works of the
County of Ulster.
The County Executive of the County of Ulster.
The County Legislature of the County of Ulster.
Includes any person, partnership, limited partnership, limited-liability
company, or corporation which engages in or carries on the business
of installing, erecting, altering or repairing, for the public at
large, electrical wiring, apparatus, fixtures, devices, appliances
and 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 under the supervision of a master electrician.
[Added 11-19-2019 by L.L.
No. 8-2019]
The installation, erection, alteration or repair of electrical
wiring, apparatus, fixtures, devices or other equipment used or to
be used for the transmission of electricity for electric light, heat,
cooling, power (including solar), signaling, communication, alarm
or data transmission.
[Added 11-19-2019 by L.L.
No. 8-2019]
Working with tools in the installation, alteration and repair
of wiring and appliances for light, heat, power and signaling purposes
in or on buildings, which work shall have been done in compliance
with the National Electrical Code. Hands-on experience shall not include
time spent in supervising, engaging in the practice of engineering,
estimating and performing other managerial tasks.
Any person who owns land in Ulster County upon which there
is an existing, unattached, single-family home used as such person's
primary residence and/or where there may also be nonresidential buildings
used solely for the private use of such person and the title thereto
being the name of such person, and/or his or her spouse, individually
or jointly.
An electrician who has successfully completed a formal electrical
apprenticeship program which has been registered and approved by the
New York State Department of Labor; another state of the United States
of America; or the Bureau of Apprenticeship Training of the United
States Department of Labor.
A person who has met all the requirements of the Electrical
Licensing Board including a passing grade on the master electrician
exam.
An individual, firm, partnership, corporation or other legal
entity, whether or not organized for profit.
An electrical license issued to an applicant who qualifies as per the specifications set forth in § 185-17 of this chapter.
The voluntary placement by a person of his/her County of
Ulster master electrician license in an inactive status. A person
with a shelved license shall be unlicensed. This person shall not
maintain, conduct, operate, advertise, engage in or transact a business
as a master electrician in the County of Ulster.
An offense, as defined under Article 10 of the New York State
Penal Law, punishable by a fine of up to $1,000 and/or a sentence
to a term of imprisonment not to exceed 15 days.
[1]
Editor's Note: The former definition of "chairman," which
immediately followed this definition, was repealed 8-17-2021 by L.L. No. 8-2021.
[2]
Editor's Note: This local law also repealed the former definitions
of "Class B electrician license" and "Class C electrician license,"
which immediately followed this definition.
On or after the effective date of this chapter, no person shall
engage in, carry on or conduct the business of, or hold himself or
herself out as, an electrical contractor within the County of Ulster
unless he or she is licensed pursuant to this chapter or unless employed
by a person so licensed.
A.
There is hereby established in and for the County of Ulster, a board
known as the "Ulster County Electrical Licensing Board" comprised
of the following nine individuals who reside in Ulster County:
(1)
The Commissioner who shall be a nonvoting member of the Board;
(2)
One individual who is qualified as an Electrical Inspector in New
York State;
(3)
One member representing the Licensing Board of the City of Kingston;
(4)
One union contractor who shall be a licensed master electrician;
(5)
One open shop contractor who shall be a licensed master electrician;
(6)
Two members of the public;
(7)
One County Legislator designated by the Chairman of the Legislature;
and;
(8)
One representative from the Association of Supervisors and Mayors
of Ulster County.
B.
Members of the Board, except for the Commissioner, shall be appointed
by the County Executive, subject to confirmation by the County Legislature.
Of the members first appointed, one shall be appointed for a term
of one year; two for a term of two years; three for a term of three
years; and two for a term of five years. Members may continue to serve
after the expiration of their respective terms of office until their
successors have been appointed and confirmed. The successors of all
members of the Board thereafter shall be appointed for terms of five
years.
C.
The Board shall elect a chair, deputy-chair and secretary from its
membership annually.
D.
A majority of the Board shall constitute a quorum for the transaction
of business.
E.
Compensation to be paid to the members of the Board, if any, shall
be determined by the County Legislature.
The Board shall have the following powers and duties in addition
to that elsewhere prescribed in this chapter:
A.
Hold regular monthly meetings and special meetings as often as necessary
or required. At least 24 hours' written notice of a special meeting
shall be given to the members of the Board.
B.
Adopt by-laws and such rules and regulations as may be necessary
to implement this chapter, including licensing standards not inconsistent
herewith. A certified copy of such bylaws and rules and regulations
shall be filed with the Clerk of the County Legislature prior to its
effective date.
C.
Review qualifications and fitness of applicants for licenses under
this chapter.
D.
Assist in the preparation and review of standard written tests in
such form as determined by the Board from time to time, based on the
applicable New York State Uniform Fire Prevention and Building Code
and relevant reference standards provided in the Code and grade such
tests in accordance with such standards.
E.
Issue licenses as authorized by this chapter to applicants possessing
the requisite qualifications. Licenses shall be signed by the Chairman
and the Secretary of the Board.
F.
Issue notices of violation, appearance tickets, hear and dispose
of complaints of alleged violations of this chapter; suspend and/or
revoke licenses; impose and collect fines and penalties; refer violations
to the County Attorney to institute legal action in the name of the
County of Ulster and enjoin unlawful activity.
G.
Comply with the New York State Public Officers Law (Open Meetings
Law and Freedom of Information Law).
I.
Keep records of all of its meetings and proceedings and of all licenses
issued, suspended or revoked and of all fines imposed.
J.
Allow the Commissioner to issue notices of violations and/or appearance
tickets for alleged violations of this chapter.
[Amended 11-19-2019 by L.L. No. 8-2019]
A.
Every person seeking a master electrician's license in Ulster County
shall make application, along with the required fee, to the Board
in the form and manner prescribed by this chapter and any rules and
regulations of the Board.
[Amended 8-17-2021 by L.L. No. 8-2021]
B.
No person shall apply for a license unless, prior to the administration
of a written examination, such person satisfies the qualifications
set forth herein for that license.
[Amended 11-19-2019 by L.L. No. 8-2019; 8-17-2021 by L.L. No. 8-2021]
A.
The Board may issue and renew a master electrician's license.
Such license shall permit the licensee to engage in the business of
an electrical contractor who is an owner, officer or partner of an
electrical contracting business within the County of Ulster for the
period of one year from the date it was issued. A master electrician
will only be entitled to possess one valid master electrician's
license pursuant to this chapter for any given year.
B.
The license fee for a master electrician's license shall be
as follows:
C.
Each application shall be accompanied by a nonrefundable check or
money order representing the fee as determined by the Board for administration
of the examination.
D.
Renewal. All licenses issued under this chapter must be renewed annually
on or before the expiration thereof for the period of one year upon
payment of the applicable annual fee set forth below:
E.
Each application for renewal of a license must also be accompanied
by proof that the individual has successfully completed a refresher
course within the last 12 months on changes to the New York State
Uniform Fire Prevention and Building Code and the current National
Electrical Code version adopted by New York State.
F.
Licensed master electricians who are not actively engaged in the
business of master electrician may shelve such a license for a fee
of $50 per year.
G.
Licensees may retire their licenses by notifying the Board of their
retirement in such form and in such manner as shall be set forth in
the Board's rules and regulations. No licensee who has notified
the Board of his or her retirement shall be eligible for a renewal
license.
H.
Unless retired, the failure of a licensee to renew such license after
15 days of the expiration date shall result in a penalty of $50. If
renewal is not received within 30 days from the expiration date, it
shall result in revocation of the license unless, upon good cause
shown, an additional thirty-day extension is granted by the Board.
I.
Each master electrician duly licensed under this chapter shall list
his or her license number in each advertisement, estimate, bill or
contract and post such license number at each job and prominently
display it on the electrical license decal issued by the Board on
each vehicle while in the course of said licensee's trade or
business. One decal shall be provided free of charge upon the issuance
of a license hereunder. A fee of $10 shall be charged for each additional
decal needed to comply with the provisions contained herein. Said
decals shall include the words "Ulster County" and "electric" or "electrical."
J.
The fee for a master electrician's license "certificate of name
change" after initial issuance of master electrician's license
shall be $150. A certificate of name change for a master electrician
shall only be issued to a qualified person as required by this chapter
who is also the owner, officer, or partner of an electrical contracting
business.
This chapter shall not apply to:
A.
Persons engaged solely in selling or solely in the attachment of
ordinary electric appliances to existing circuits where no jointing
or splicing of electrical conductors is required;
B.
The installation, maintenance or repair of elevators, dumbwaiters
and escalators;
C.
The repair of heating systems;
D.
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 his principal
business;
E.
Persons employed by public service companies authorized to do business
in the State of New York;
F.
Homeowners engaged in the installation, maintenance, replacement and/or improvement of electrical work in their primary unattached single-family residence which is greater than one year old. Replacement shall not include replacement of the entire electrical service on such residence and is limited to 15 and 20 amp 120 volt existing branch circuits that are powered down, locked and tagged out of service and pose no electrical hazards. All such work must comply with local municipal building permit requirements. To the extent that a building permit is required, such electrical work must be inspected by an approved certified electrical inspector or Code Enforcement Officer of the municipality having jurisdiction as defined under § 185-22 of this chapter. No homeowner shall engage in:
[Amended 8-17-2021 by L.L. No. 8-2021]
(1)
The construction and installation of electrical wiring for any electrical
equipment in or adjacent to all swimming pools, (in-ground or above
ground), hydro massage bathtubs, fountains, hot tubs, spas and wading,
therapeutic and decorative pools as is covered under Article 680 of
the National Electric Code in the current National Electrical Code
version adopted by New York State.
(2)
The installation of permanently or temporarily installed generators
required to be grounded or bonded by either a standby or manual transfer
switch into the electrical system under Articles 250 or 702 of the
National Electric Code in the current National Electrical Code version
adopted by New York State.
(3)
Electrical
work pertaining to violations that may surface during the sale of
the residence.
G.
Any installation, maintenance, replacement and/or improvement of electrical work done by a municipal employee in their role as a municipal employee on property owned or leased by a municipality. All such work must comply with local municipal building permit requirements. To the extent that a building permit is required, such electrical work must be inspected by a certified electrical inspector as defined under § 185-22 of this chapter.
[Added 11-19-2019 by L.L.
No. 8-2019]
[Amended 11-19-2019 by L.L. No. 8-2019; 8-17-2021 by L.L. No. 8-2021]
Every person desiring to obtain a master electrician's license
under this chapter and who meets the qualifications set forth herein
shall apply for a license in such form and detail as the Board may
prescribe. Such application shall state, among other things:
A.
Name, home and business address;
B.
Telephone number;
C.
Social security number and employer identification numbers;
D.
A photocopy of valid government-issued photo identification;
E.
A statement of all qualified work experience and education, setting
forth names, addresses and descriptions of work performed or degrees
attained, and dates of employment or attendance;
F.
A statement of whether the applicant was licensed under any other
law, where such license is currently valid, whether such license was
ever suspended, revoked or other action taken and, if so, the disposition
thereof;
G.
A statement of whether the applicant was ever convicted of a crime
other than a minor traffic infraction, and if so, the disposition
thereof;
H.
An authorization to the Board to investigate the facts set forth
in the application as required to make a determination as to the person's
qualifications for an electrical license;
I.
A statement that such application is made under penalties of perjury.
[Amended 11-19-2019 by L.L. No. 8-2019; 8-17-2021 by L.L. No. 8-2021]
Master electrician's license. To qualify for the master
electrician's license examination, all applicants must possess
a minimum of seven years of experience in the installation, alteration,
and repair of wiring and appliances for light, heat and power and
signaling in or on buildings under the requirements of the National
Electrical Code as required by the New York State Department of State,
Division of Code Enforcement and Administration and/or any municipal
codes within the United States which equal or exceed the requirements
of the National Electrical Code. The applicant's years of experience
must include at least one of the following:
A.
Completion of a four-year apprenticeship program approved by both
a federal agency and a federally certified state agency and has worked
at least two years with his or her tools on the installation, alteration
and repair of wiring and appliances for light, heat and power and
signaling purposes in or on buildings. A certificate of completion
issued by the apprenticeship program and a certification by an employer
regarding the additional two years of hands-on work experience shall
be submitted with the application for the electrical license examination;
or
B.
A journeyman electrician who has worked at least two years as a journeyman
with his or her tools on the installation, alteration and repair of
wiring and appliances for light, heat and power and signaling purposes
in or on buildings. The applicant shall submit proof of having satisfied
the definition of a qualified journeyman electrician and a certification
by an employer regarding the additional two years of hands-on work
experience; or
C.
A graduate engineer of a college or university who holds a degree
of electrical engineering, master engineering or Bachelor of Science
in electrical engineering and has in addition worked at least three
years with his or her tools on the installation, alteration and repair
of wiring and appliances for light, heat and power and signaling purposes
in or on buildings. The applicant shall submit a copy of his or her
diploma and a certification by an employer regarding the additional
three years of hands-on work experience; or
D.
A high school or equivalent who is a graduate of a vocational, industrial
or trade school in electric wiring, installation and design or applied
electricity, and has worked at least six years with his or her tools
on the installation, alteration and repair of wiring and appliances
for light, heat and power and signaling purposes in or on buildings.
The applicant shall submit a copy of his or her diploma or equivalency
diploma and a certification by an employer regarding the additional
six years of hands-on work experience; or
E.
A person who attended courses in a college or university leading
to a degree in electrical engineering, mechanical engineering, Bachelor
of Science in electrical engineering or mechanical engineering, who
passed all subjects in the required courses shall be credited with
practical experience equal to 50% of the number of curriculum years
he has satisfactorily completed, which, in no event, however, shall
exceed one year's credit of practical experience, and an additional
six years of hands-on work experience must have been obtained by working
with his or her tools on the installation, alteration and repair of
wiring and appliances for light, heat and power and signaling purposes
in or on buildings. The applicant shall submit a copy of his or her
school transcripts and a certification by an employer regarding the
additional six years of hands-on work experience; or
F.
A person who worked in the field of electrical contracting for at
least seven years immediately preceding the date of application. The
applicant shall submit a certification by an employer regarding the
additional seven years of hands-on work experience. A year of practical
hands-on experience shall be credited if such person was employed
in a part-time capacity and the hands-on experience was completed
within a period of 24 consecutive months.
[Amended 11-19-2019 by L.L. No. 8-2019; 8-17-2021 by L.L. No. 8-2021]
A person who applies for a license pursuant to this chapter
must prove to the satisfaction of the Board that he or she is a competent
electrician and qualified to do the work covered by the license; has
a working knowledge of electricity and the natural laws, properties
and functions of electricity and of appliances, apparatus, materials,
devices for electric, light, heat, power and signaling systems used
and required in such work, combined with a practical working knowledge
of the requirements and provisions of the National Electrical Code
and a knowledge of the provisions of this chapter and the rules and
regulations of the Board and the State of New York, if any, and of
the County of Ulster for installation of electrical wiring, devices,
appliances and equipment and of the provisions thereof requiring permits
therefor.
[Amended 11-19-2019 by L.L. No. 8-2019]
A.
All applicants for a master electrician's license must submit to
and pass an examination. Examinations shall be in writing or in such
form as determined by the Board from time to time. An applicant must
receive a grade of 75% or more to pass the examination. A complete
record of every examination given shall be kept on file for three
years after the date of the examination. Examinations shall be held
at such times and places as the Board may fix.
[Amended 8-17-2021 by L.L. No. 8-2021]
B.
The applicant must present himself for examination at the time and
place specified in a notice from the Board.
C.
An applicant who fails his or her first examination shall not be
eligible for reexamination until the next regularly scheduled exam.
A person who fails the examination twice shall not be eligible for
further reexamination until at least six months have elapsed from
the date he or she last took the examination.[1]
[1]
Editor's Note: Former Subsection D, regarding examinations
for Class C electrician's licenses, which immediately followed this
subsection, was repealed 8-17-2021 by L.L. No. 8-2021.
[Amended 11-19-2019 by L.L. No. 8-2019]
A.
Upon meeting all the requirements of this chapter, the Board shall
direct the Chairperson or his/her designee to issue a license to the
applicant. The individual's name shall then be placed on the Ulster
County list of qualified master electricians.
[Amended 8-17-2021 by L.L. No. 8-2021]
B.
Failure to pass any exam required by this chapter or by the rules
and regulations promulgated by the Board with a grade of 75% or more,
or to meet the qualifications and other requirements set forth herein,
shall be summary grounds for denial of a license under this chapter.
A.
If the Board shall deny a license, the Board shall set forth the
reasons for such denial in writing and mail it to the applicant by
certified mail, return receipt requested within 10 business days after
a determination has been made by the Board. Failure of the written
examination shall be grounds for summary denial of a license. Within
30 business days after the date of mailing such notice of denial,
the applicant may, by written request, seek a hearing to review the
determination of the Board. All such hearings shall be held and conducted
in accordance with the attached Regulations for Adjudicatory proceedings.
B.
No application shall be denied on the grounds that the applicant
was convicted of a crime, except in accordance with Article 23-A of
the Correction Law.
[Amended 11-19-2019 by L.L. No. 8-2019; 8-17-2021 by L.L. No. 8-2021]
A.
Any person possessing a certified copy of a master electrician's
license issued by Kingston or the Village of Saugerties which was
valid and effective as of the date of the adoption of this chapter
and who completes an application to the Board as required by the Board
no later than two years from the date of the adoption of this chapter
shall be granted an Ulster County license without examination.
B.
Any person who can show proof that he or she has been in business
as an electrical contractor continuously and competently doing the
work of a master electrician in Ulster County for at least 11 consecutive
years prior to the date of the adoption of this chapter and this work
is a principal source of livelihood for that person, and who completes
an application to the Board as required by the Board no later than
two years from the date of the adoption of this chapter, shall be
entitled to a master electrician's license without examination,
which will not apply in the City of Kingston or the Village of Saugerties,
where an examination has been a requirement.
C.
Any person who is issued a license under this grandfather clause
may renew said license annually on or before the expiration of the
license upon payment of an annual renewal fee.
D.
If a person is issued a master electrician's license under this
section, such person may renew his or her license for an additional
fee without taking the written examination only if:
(1)
He or she has been actively and continuously engaged in work as a
master electrician under the supervision of a licensed master electrician
since the issuance of his or her last valid master electrician's
license; or
(2)
He or she has been actively and continuously engaged in work as an
inspector of electrical work; or
(3)
He or she has not been actively or continuously engaged in work as
a master electrician during the past two years but can provide proof
acceptable to the Board that he or she has recently participated in
a continuing education course updating his or her knowledge of the
work of a master electrician.
E.
If a person fails to apply for a license under the grandfather clause
of this chapter within five years of enactment of this chapter, then
said person must comply with all the other requirements contained
in this chapter in order to receive a license.
[1]
Editor's Note: Former § 185-17, Provisional licenses,
amended 11-19-2019 by L.L. No. 8-2019, was repealed 8-17-2021 by L.L. No. 8-2021.
A.
No license issued hereunder shall be assignable or transferable.
B.
Each license issued hereunder shall specify the name of the person,
firm, partnership, corporation or other legal entity, who or which
shall be known as the "holder of the license." The license of an electrical
contractor shall specify the name of the person who is the master
electrician, and such person shall be designated in the license of
an electrical contractor as the supervisor of all work to be done
under the license.
C.
In the event that the business association of the supervisor of the
work, or the employment of the supervisor of the work by the electrical
contractor shall terminate, the supervisor of the work shall notify
the Board of such fact forthwith and upon notification the license
shall no longer be licensed pursuant to this chapter.
D.
All licenses shall be numbered in the order in which they are issued
and shall be in such form and of such color and shall contain such
information as may be prescribed by the Board.
E.
Each license shall at all times be kept conspicuously displayed in
the place of business of the licensee.
[Amended 11-19-2019 by L.L. No. 8-2019]
A licensee may be fined or his or her license refused, suspended
or revoked by the Board for any one or more of the following reasons:
A.
Violation of any provision of this chapter or of any rule or regulation
adopted hereunder by the Board or any other law or ordinance pertaining
to electricians;
B.
Violation of any law, rule, regulation or any building code governing
electrical work, or any order issued by building departments of any
municipality in Ulster County;
C.
Violation of any requirement contained in the rules and regulations
of the National Fire Protection Association or the National Electrical
Code;
D.
Conviction of a crime by a court of competent jurisdiction where
there is a direct relationship between the crime and the specific
license sought; or the issuance of the license would invoke an unreasonable
risk to the property or to the safety or welfare of specific individuals
or the general public;
E.
Fraud, misrepresentation or bribery in securing a license;
F.
The making of any false statement as to a material matter in any
application for a license or name change;
G.
The business transactions of the licensee have been marked by a practice
of failure to perform contracts or the fraudulent manipulation of
assets or accounts;
H.
Failure to display the license decal issued under this chapter;
I.
Maintaining, conducting, operating, advertising, engaging in or transacting
a business as a master electrician in the County of Ulster with a
shelved license; or
[Amended 8-17-2021 by L.L. No. 8-2021]
[Amended 11-19-2019 by L.L. No. 8-2019]
A.
Failure to comply with the provisions of this chapter shall constitute
a violation and shall be punishable by a fine not to exceed $1,000
and/or imprisonment not to exceed 15 days.
B.
The Commissioner, and/or his or her designee, shall have the authority
to issue violations and/or appearance tickets as they are defined
in this chapter and Article 150 of the Criminal Procedure Law.
C.
Nothing herein contained shall prevent the Commissioner from proceeding
to enforce by both criminal and civil action the requirements of this
chapter.
D.
The Board may withhold the issuance of a license, either new or renewed,
to any person who has failed to pay any fine imposed pursuant to the
provisions of this chapter.
E.
Nothing in this chapter shall prevent a local municipality or law
enforcement agency from initiating independent proceedings against
a licensee or any other person who has violated any other law.
F.
Prior to the imposition of any fine or penalty or the refusal, revocation
or suspension of a licensee, the applicant or licensee shall receive,
in writing, all the particulars of the alleged violation and shall
have an opportunity to present his or her defense at adjudicatory
proceeding as set forth in the attached regulations.
G.
Provided that this section shall not be operative as to, nor shall
any fines be assessed under this chapter for, any violations of this
chapter arising on or before April 1, 2020.
[Amended 11-19-2019 by L.L. No. 8-2019]
A.
This chapter shall not be construed to relieve, limit or reduce the
responsibility of any person owning, operating, controlling or installing
any electric wiring, devices, appliances or equipment for loss of
life or damage to person or property caused by any defect therein,
nor shall the County of Ulster be deemed to have assumed any such
liability by reason of any license issued pursuant to this chapter.
B.
Every person holding a master electrician's license shall submit
proof to the Board that he or she maintains liability, workers compensation
and disability insurance for damage to persons and property in connection
with the carrying on of his business as a master electrician in such
amounts as shall be established by the Board from time to time.
C.
The failure to maintain an insurance policy or file proof of coverage
shall be grounds for the summary suspension of such person's license
under this chapter, which suspension shall continue in effect until
coverage is obtained or reinstated.
A.
All installations of, extensions to and alterations of electrical
work within the County of Ulster shall conform to the National Electrical
Code and of any other applicable statute, ordinance or building code
pertaining thereto and shall also be in conformity with approved standards
for safety to life and property. In every case where no specific type
of class of material or no specific standards are prescribed by law,
conformity with the regulations and requirements contained in the
applicable New York State Uniform Fire Prevention and Building Code
and the relevant reference standards provided by that code contained
in the current National Electrical Code version adopted by New York
State shall be prima facie evidence of conformity with approved standards
for safety to life and property.
B.
Inspections made and the certificates of approval or permits issued
by a certified electrical inspector approved by the local municipality
having jurisdiction over building permits for such electrical installation
in the County of Ulster shall be deemed by the Board as evidence of
proper installations. A certified electrical inspector shall be an
individual who has met the minimum qualifications as recommended by
the National Fire Protection Association and who has also received
certifications by a nationally recognized inspection certification
program.
[Amended 11-19-2019 by L.L. No. 8-2019]
A.
The Legislature may authorize the County Executive to enter into
reciprocal license agreements with individual municipalities or other
jurisdictions within New York State upon the recommendation and finding
of the Board that the qualifications required for a master electrician's
license in such municipality or jurisdiction are equal to or greater
than those required by this chapter.
[Amended 8-17-2021 by L.L. No. 8-2021]
B.
Pursuant to such formalized reciprocal license agreements, the Board
shall be authorized to issue reciprocal licenses upon such terms and
conditions as are applicable to the individual reciprocating municipalities
and other jurisdictions. Said licenses may be granted without examination
upon application to the Board and payment of all required fees.
C.
However, a reciprocal license shall only be issued if the municipality
or jurisdiction which licensed such individual is similarly issuing
a reciprocal license to individuals licensed pursuant to this section.
Said licenses may be granted without examination upon the filing of
an application with the Board, submission of a certificate from the
reciprocating municipality or jurisdiction that the individual requesting
such license is in good standing, the payment of all required fees
and such other and further terms and conditions as the Board deems
appropriate.
D.
Reciprocal licenses shall only be valid for a period of one year
and may only be renewed from year to year if there is reciprocity
between the County of Ulster and the reciprocating municipality or
jurisdiction at the time of each such renewal.
Nothing contained herein shall be construed to obviate the necessity
of procuring a permit for electrical work whenever required by statute,
local law, resolution, building code or ordinance of the municipality
wherein such work is to be performed. No permit for construction or
certificate of approval or certificate of occupancy shall be issued
by a municipality in the County of Ulster if there has been an installation,
erection, alteration or repair of electrical wiring, apparatus, fixtures,
devices, appliances or equipment in violation of the licensing requirements
contained herein.
All fees, fines and penalties imposed in accordance with this
chapter shall be turned over to the Commissioner of Finance by the
Board in accordance with Ulster County's financial procedures and
such moneys shall be deposited in the General Fund of Ulster County.
Nothing in this chapter shall operate to restrict the meaning
of or diminish or impair any power granted to a local government by
the constitution or any other law.
If any part of this chapter, or the application thereof to any
person or circumstances, shall be judged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to
the parts of the provision directly involved in the controversy in
which such judgment shall have been rendered and not affect or impair
the validity of the remainder of this chapter or the application thereof
to other persons or circumstances.
This chapter shall take effect January 1, 2020.
[Added 11-19-2019 by L.L.
No. 8-2019]
A.
Intent, purpose, and applicability.
(1)
The Electrical Licensing Board is hereby authorized to use the following
rules and regulations governing the conduct of adjudicatory proceedings
and appeals relating to compliance with this chapter, providing for
the qualifications, examination, licensing and regulation of electricians
in Ulster County New York and the conduct of hearings held thereunder.
(2)
These rules and regulations shall apply to all proceedings undertaken
by the Board. Persons subject to the requirements of the law shall
be entitled to receive an adjudicatory proceeding as to every action
or decision as to them taken by the Board, including but not limited
to qualifications, examinations, denials, extensions of time, waivers
and/or exemptions from the licensing requirements.
B.
BOARD
HEARING OFFICER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Ulster County Electrical Licensing Board established
pursuant to Local Law No. 3 of 2019.[1]
The presiding officer in adjudicatory hearings or proceedings
conducted pursuant to these regulations, which shall be independent
of the Board and of the County of Ulster, and shall be provided by
the County.
C.
Notice of hearing or proceeding.
(1)
Where the Board elects to go forward with a proceeding to determine
compliance with the requirements of this chapter, or to take such
other action as may be authorized by law, the Board shall serve a
written notice, by certified mail or other appropriate method of service
authorized under the Civil Practice Law and Rules, to the parties
and their representatives of record at least 20 calendar days prior
to the date of any hearing or proceeding under these rules. The notice
of hearing or proceeding shall contain the following:
(a)
A statement of the time and place of the hearing or proceedings;
(b)
A statement of the nature of the hearing or proceeding;
(c)
A reference to the particular statutes, local law provisions,
and rules Relevant to the hearing or proceeding;
(d)
A short, plain language statement and violations asserted, if
any; and
(e)
A statement of hearing impaired parties and participants concerning
the provision of deaf interpretation services without charge.
D.
Time and place of hearing or proceeding.
(1)
The time and place of the hearing or proceeding shall be contained
in the notice of hearing or proceeding.
(2)
The time and place of the hearing or proceeding shall not be changed unless a party formally requests a change pursuant to the adjournment request procedure contained in Subsection H of these rules.
(3)
The time and place of the hearing or proceeding shall, as far as
practicable, take into account the convenience of the parties and
the availability of witnesses.
E.
Evidence and proof.
(1)
The formal rules of evidence do not apply to adjudicatory hearings
or proceedings conducted pursuant to these rules. However, the rules
of privilege recognized by law shall be given effect. Objections to
evidentiary offers may be made and shall be part of the record. Subject
to these rules, any party may, for the purpose of expediting the hearing
or proceeding and when the interests or the parties will not be substantially
prejudiced thereby, submit all or part of the evidence in written
form.
(2)
The hearing officer may exclude irrelevant or unduly repetitive evidence
or cross-examination from any hearing or proceeding.
(3)
The burden of proof shall be upon the Board to establish by clear
and convincing evidence of the facts and findings which support its
requirements under the law.
(4)
No decision or determination by the hearing officer or the Board
shall be made except on consideration of the record as a whole, or
such portions thereof as may be cited by any party to the hearing
or proceeding and as supported by and in accordance with substantial
evidence.
(5)
Each party shall have the right of cross-examination.
(6)
Official notice may be taken of all facts of which judicial notice
may be taken and of other facts within the specialized knowledge of
the Board. When official notice is taken, every party shall be given
notice thereof and shall, on timely request, be afforded an opportunity
prior to decision to dispute the fact or its materiality.
(7)
All findings of fact shall be based exclusively on the evidence in
record and on matters officially noticed.
F.
Representation. Any person compelled to appear in person, or who
voluntarily appears in any hearing or proceeding conducted according
to these rules, shall be accorded the right to be accompanied, represented,
and advised by counsel. Nothing herein shall be construed either to
grant or to deny to any person who is not a lawyer the right to appear
for or represent others in any hearing or proceeding herein.
H.
Adjournments.
(1)
Adjournments of any hearing or proceeding conducted pursuant to these
rules shall be granted only for good cause.
(2)
Written request for adjournment shall be submitted to the hearing
officer in the hearing or proceeding for which the adjournment is
sought. The request must be accompanied by an affidavit which contains
sufficient detail to allow the hearing officer to rule on the request.
All parties must be copied on the request.
I.
Time limits.
(1)
Under these rules, adjudicatory proceedings shall be conducted in
an expeditious manner with all due regard for the rights of the parties
concerned. Every effort should be made by the parties to effectuate
a speedy disposition of the case.
(2)
Parties to any hearing or proceeding are required to file all papers,
statements, proofs, and other evidence with the hearing officer at
a time to be designated by the officer. An extension of time for filing
those items will be granted by the hearing officer only upon formal
request.
J.
Decisions after hearing or proceeding.
(1)
The hearing officer shall issue a final recommendation within 30
days of the conclusion of the hearing. All final recommendations of
the hearing officer and all decisions and determinations of the Board
shall be in writing or stated in the record and shall include findings
of fact, conclusions of law, and reasons for the decision or determination
and, when appropriate, shall direct that specific action be taken
by the parties. The final decisions or determinations of the Board
shall be binding upon the Board.
(2)
A copy of all final decisions and determinations of the Board and
recommendations of the hearing officer shall be made available to
the parties to the hearing or proceeding, and shall be delivered or
mailed forthwith to each party and to its representative of record.
(3)
Except as required for the disposition of ex parte matters authorized
by law, members or employees of the Board assigned to make a determination
or decision, or to make findings of fact and conclusions of law in
any hearing or proceeding, shall not communicate directly or indirectly,
in connection with any issue of fact, with any person or party, nor
in connection with any issue of law, with any party or its representative,
except upon notice and opportunity for all parties to participate.
Any member or employee of the Board may communicate with other members
or employees and may have the aid and advice of agency staff, other
than staff which has been or is engaged in the investigative or prosecuting
functions in connection with the case under consideration or a factually
related case.
(4)
The Board shall issue its final decision within 30 days of receipt of the hearing officer's final recommendation. The Board's final decision shall be filed, indexed, and maintained in the Boards records. The index and the notice of civil assessment, if any, shall not be made available for public inspection and copying except as provided in Subsection P of these rules.
K.
Conduct of hearings. The hearing officer, exercising discretion,
may elect to conduct any hearing or proceeding under these rules ex
parte after a showing that the party who is the subject of the hearing
and its representative of record has been notified by certified mail
of the pending hearing or proceeding or otherwise served with notice
of the hearing. The party who is the subject of the hearing shall
at no time be deprived of the opportunity to appear. However, if a
party has been served with two written notices of a hearing and fails
to appear after each notice, the hearing officer, upon proof of service,
shall have the authority to proceed with the scheduled hearing. Proof
of the service shall consist of a signed certified mail receipt or
affidavit.
L.
Hearing officer. All hearings or proceedings under these rules shall
be conducted by a hearing officer, retained and provided by the County
of Ulster, who shall have the power and authority of presiding officers
or hearing officers as defined by the State Administrative Procedure
Act (SAPA), any other pertinent statute or local law, ordinance, or
resolution, and these regulations. The hearing officer shall be an
individual who has in no way been involved with the action or proceeding
in question.
M.
Powers and duties of hearing officers. A hearing officer is authorized
to do the following in any hearing or proceeding to which he or she
is assigned:
(1)
Administer oaths and affirmations;
(2)
At the request of any party, sign and issue subpoenas in the name
of the Board requiring the attendance and giving of testimony by witnesses
and the production of books, papers, documents and other evidence.
Subpoenas shall be regulated by the Civil Practice Law and Rules.
Nothing herein contained shall affect the authority of an attorney
for a party to issue subpoenas under the Civil Practice Law and Rules;
(3)
Provide for the taking of testimony by deposition;
(4)
Regulate the course of the hearings, set the time and place for continued
hearings and the time for filing of briefs and other documents;
(5)
Direct the parties to appear and confer to consider the simplification
or settlement of the issues by consent of the parties; and
(6)
Prepare findings of fact and recommendations.
N.
Fines, penalties.
(1)
At the close of the hearing or proceeding, the hearing officer shall
make findings of fact and a recommendation as to the appropriate penalty
or fine to be assessed or any other action to be taken including the
suspension or revocation of such person's electrical license. The
proposed findings of fact and recommendation shall be transmitted
to the Board for approval and simultaneously mailed or delivered to
the parties to the proceeding. The parties shall have an opportunity
to respond in writing, in the form of a brief, to the findings of
fact and recommendation of the hearing officer, and such written response
shall be directed to the Board for its consideration within 15 days
after the service of the hearing officer's findings and recommendations
upon the parties. In their brief submitted in response to the findings
of fact and recommendation of the hearing officer, the parties may
not submit or discuss evidence which is not a part of the official
record of the hearing or proceeding. The Board shall act on the findings
of fact and recommendation as expeditiously as possible. In no event
shall the decision be issued later than 30 days after receipt of the
hearing officer's recommendation. The Board may affirm or reverse
the findings of fact and recommendation of the hearing officer in
whole or in part, or it may remand and/or dismiss the proceeding based
upon the record produced at the hearing.
(2)
The assessment of civil penalties or other penalty under the applicable
law and procedures shall not preclude the referral of an appropriate
violation to a prosecutor for prosecution of criminal charges.
(3)
If the alleged violation has been established, and the Board determines
in light of all the circumstances that the violation is not serious
enough to warrant assessment of a civil penalty or other penalty,
or if the imposition of civil penalties is not otherwise authorized
by law, the Board in its discretion may take such other action as
appropriate, including but not limited to a written admonition or
a referral to a prosecutor for prosecution of criminal charges.
O.
Records of hearing or proceeding.
(1)
The record in hearing or proceeding under these rules shall include:
(a)
All notices, pleadings, motions, and intermediate rulings;
(b)
Evidence presented;
(c)
A statement of matters officially noticed, except matters so
obvious that a statement of them would serve no useful purpose;
(d)
Questions and offers of proof, objections thereto, and rulings
thereon;
(e)
Proposed findings and exceptions, if any;
(f)
Any findings of fact, conclusions of law, or other recommendations
made by the hearing officer; and
(g)
Any decision, determination, opinion, order, or report rendered.
(2)
The Board shall make a complete record of all hearings and proceedings
conducted before it. For this purpose, unless otherwise required by
statute, the Board may use whatever means it deems appropriate, including
but not limited to the use of stenographic transcriptions or electronic
recording devices. Within a reasonable time after the Board gives
notice of its decision, determination, opinion, or order, but before
commencement of judicial review, any party to the hearing or proceeding
may request the Board to prepare the record of any part thereof, together
with any transcript of the hearing or proceeding or any part thereof.
The Board shall then prepare the requested portions of the record
and transcript within a reasonable time and furnish a copy to the
requesting party at no charge.
P.
Privacy/confidentiality. Records shall be released only as required
by the provisions of Article 6 of Public Officers Law.
