[HISTORY: Adopted by the Town Board of the
Town of Yorktown 4-29-1975 as Ch. 46 of the 1975 Code. Amendments
noted where applicable.]
This article shall be known as the "Electrical
Code of the Town of Yorktown, in the County of Westchester, State
of New York."
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 Town of Yorktown.
[Amended 1-6-1998 by L.L. No. 3-1998; 5-4-2004 by L.L. No. 14-2004]
All electrical installations heretofore mentioned
shall be made in conformity with the requirements of the Building
Code of New York State, except where the provisions of this article
or any other local law, ordinance or code of the Town of Yorktown
shall differently prescribe, in which event compliance with the provisions
of such local law, ordinance or code shall be recognized as proper
compliance with this article.
[Amended 5-4-2004 by L.L. No. 14-2004]
The Building Inspector is empowered and authorized
to deputize in any instance an electrical inspector or inspectors
to inspect any electrical installation and to report the results of
that inspection to the Building Inspector, provided that such report
is without compensation from the Town.
A.
Any person desiring to be an electrical inspector
must make a request in writing to the Building Inspector that he be
allowed to conduct electrical inspections within the Town. The following
documentation must be submitted for his review and determination as
to acceptability:
(1)
A copy of a valid certificate from the International
Association of Electrical Inspectors or the International Code Council
indicating proficiency to conduct electrical inspections. The original
certificate must be displayed to the Building Inspector. If such person
is a firm, corporation or other entity, a certificate must be provided
for each employee for whom authorization is sought to perform electrical
inspections.
(2)
Such person’s address and telephone contact
number. If the person is a firm, corporation or other entity, the
names, titles, addresses and contact phone numbers of the officers
must be provided.
(3)
Proof of current and valid insurance to include worker’s
compensation, disability and general liability. The coverage will
name the Town of Yorktown as an insured in such scope and amount as
the Town Board shall set by resolution.
(5)
Any other documentation deemed necessary by the Building
Inspector.
B.
Based on the submission above, the Building Inspector
shall determine the types of buildings for which an inspector shall
be authorized to inspect, and maintain a list in the Building Department
specifying same.
C.
The authority granted to an inspector under this section shall expire on December 31 of every year, but shall be subject to reauthorization, upon delivery to the Building Inspector, within 30 days prior to such expiration, of documentation indicating continuing compliance with § 155-4A.
D.
The authority granted to an inspector is subject to
revocation by the Building Inspector of the Town of Yorktown if any
insurance coverage lapses or any required certification is invalidated
or if the inspector willfully or persistently violates any valid law
of the State of New York or the Town of Yorktown. Any disputes as
to the basis of revocation of such authority shall be referred to
the Town Board, whose determination shall be binding.
[Amended 5-4-2004 by L.L. No. 14-2004]
It shall be the duty of the Electrical Inspector to report, in writing, to the Building Inspector, whose duty it shall be to enforce all the provisions of this article, all violations of or deviations from or omissions of the electrical provisions of the Building Code of New York State and of all local laws, ordinances and Chapter 130, Building Construction and Fire Prevention, 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 Town of Yorktown upon the written request of an authorized official of the Town of Yorktown or as herein provided. The Electrical Inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in and on properties within the Town of Yorktown where he deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of the Electrical Inspector to make electrical inspections upon the oral request of an official or officer of the Town of Yorktown. It shall be the duty of the Electrical inspector to furnish written reports to the proper officials of the Town of Yorktown and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this article. He shall direct that a copy of the certificate of compliance be sent to the Town of Yorktown to the attention of the Building Inspector.
[Amended 5-4-2004 by L.L. No. 14-2004]
It shall be a violation of this article for
any person, 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 Town of Yorktown until an application for
inspection has been filed with the Electrical Inspector. It shall
be a violation of this article for a person, 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 Electrical Inspector.
[Amended 1-6-1998 by L.L. No. 3-1998]
Any person committing an offense against any
provision of this article shall be guilty of a violation punishable
by a fine of not more than $1,000 per violation per day, or imprisonment
not exceeding one year, or both. The continuation of an offense against
the provisions of this article shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
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 its 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.
[Amended 5-4-2004 by L.L. No. 14-2004]
This article shall not be construed to relieve
from or lessen the responsibility of any person owning, operating,
controlling or installing any electrical wiring, devices, appliances
or equipment for loss of life or damage to persons or property caused
by any defect therein, nor shall the Town of Yorktown or the Electrical
Inspector be deemed to have assumed any such liability by reason of
any inspection made pursuant to this article.
The provisions of this article shall constitute
the rules regulating the work of electrical contractors and nonresident
electricians in the Town of Yorktown, County of Westchester, State
of New York, and shall be known as the "Electrical Ordinance."
For the purposes of this article, the terms
used herein are defined as follows:
Any person, firm, copartnership, association or corporation
having a regular place of business open at all reasonable hours to
the public, who or which performs the work of or who is engaged in
the business of electrical contracting and/or of installing, altering
and repairing, or contracting to install, alter or repair, any electrical
conductors or wiring apparatus, fixtures and/or other appliances with
the exception of small plug-in appliances used or to be used for light,
heat or power, or signaling systems or signs where more than 50 volts
is required for operation, excepting persons, copartners, associations
and corporations regularly employing electricians for the maintenance,
repair, alterations and extensions of electrical conductors, electrical
machinery, apparatus or appliances on their own property, and also
excepting 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 such corporation.
Any person, firm, copartnership, association or corporation
regularly employing electricians for the maintenance, repair, alteration
and extension of electrical conductors, electrical machinery, apparatus
or appliances on their own property.
Includes a copartnership, association or corporation.
No person shall engage in or conduct a business
of maintaining, installing, altering or repairing or contracting to
install, alter or repair any electrical conductors, wiring apparatus,
fixtures or other appliances, except small plug-in appliances used
or to be used for supplying electrical energy for light, heat or power,
or signaling systems when more than 50 volts is required for operation
in the Town of Yorktown, until such person shall apply for and obtain
a master electrician's license to engage in such business as herein
provided.
No person shall install, alter or repair any
electrical conductors, wiring apparatus, fixtures or other appliances,
except small plug-in appliances used or to be used for the supplying
of electrical energy for light, heat or power, or signaling systems
when more than 50 volts is required for its operation in the Town
of Yorktown, in one single occupancy, until such person shall apply
for and obtain a special Class A license for the purpose of installing
the same.
For each calendar year the Town Board of the
Town of Yorktown shall appoint a Board to determine the fitness of
applicants for licenses and to investigate and report on all proposed
suspensions or revocations of licenses and may for cause shown remove
any member thereof and shall fill any vacancy therein. A license granted
under this article shall expire at the end of the calendar year in
which it is issued. This Board shall consist of seven persons:
A.
An officer or employee of the Building Department
of the Town of Yorktown.
B.
Two master or employing electricians.
C.
A New York Board of Fire Underwriters Electrical Inspector.
D.
An authorized representative of an electrical supply
utility of the Town of Yorktown.
E.
An architect or builder or licensed professional engineer.
An applicant for a master electrician's license
must be over 21 years of age, a citizen of the United States, of good
moral character, a resident of the County of Westchester and, at the
time of applying for examination, shall have had immediately preceding
his application at least five years of experience in the installation,
alteration and repair of wiring and appliances for electric light,
heat and power in or on buildings. Credit for said five years of experience
shall be computed as follows:
A.
A journeyman electrician who has worked at least five
years with his tools on installation, alteration and repair of wiring
and appliances for light, heat and power in or on buildings.
B.
A graduate engineer of a college or university who
holds a degree of electrical engineering, master engineering or a
bachelor of science in electrical engineering and has in addition
worked at least one year with his tools on the installation, alteration
and repair of wiring and appliances for electric light, heat and power
in or on buildings.
C.
A graduate of a vocational, industrial or trade school
in electrical wiring, installations and design or applied electricity
and has worked at least three years with his tools on the installation,
alteration and repair of wiring and appliances for electric light,
heat and power in or on buildings.
D.
The applicant shall satisfactorily prove to the Board
he has an established place for the transaction of business.
E.
Exception. Any person who shall produce good and sufficient
proof to the Board of Examiners that he is qualified pursuant to the
enactment of this article and that he is a master electrician and
has been, exclusive of all other occupations, engaged as such for
five years shall not be required, before having a license issued to
him, to take or submit to any examination herein provided, but such
license shall be issued to him upon the payment of the required fee
therefor, provided that he does so within 90 days from the enactment
of this article. The examination to determine the qualifications of
a master electrician shall be partly written or partly oral and shall
be of a practical and elementary character sufficiently rigid to test
the knowledge of the matters above referred to in the New York State
Uniform Fire Prevention and Building Code.
A.
Requirements and qualifications for a master electrician's
license, Class A. The requirements to obtain and maintain a master
electrician's Class A license shall be in conformity with all requirements
heretofore and hereafter established which are applicable to the issuing
of a master electrician's license; provided, however, that the person,
firm, copartnership, association or corporation shall satisfactorily
prove to the Examining Board that he is either an employed electrician,
a copartner or a legal representative of the firm which is making
application for a master electrician's Class A license.
An applicant for a special Class A license must
be a resident of the Town of Yorktown, showing proof of ownership
of his own home and must, upon appearing before the Examination Board,
show satisfactory proof that he is familiar with the local laws, ordinances
and electrical codes enforced. The special Class A license may be
granted based on an oral examination by the Board, and such license
shall be issued to him upon the payment of a fee in the sum of $3.
The special Class A license shall be issued for the performance of
work on a single continuance installation in or on his own residence.
A.
Every application for a master's or special Class
A license shall be made, in writing, in such form and shall contain
such information as the Supervisor of the Town of Yorktown may from
time to time prescribe.
B.
Candidates shall receive written notice of the time
and the place where they shall fill out applications for the license
and when they shall appear before the License Board for investigation
as to their character and fitness for a license.
C.
An applicant seeking a master electrician's license
as a representative of a partnership or corporation shall be a partner
in the partnership or an officer in the corporation, showing proof
thereof.
Every applicant shall be required to answer
a reasonable number of questions, in writing or orally, to show that
he has sufficient knowledge and technical training to perform the
work or supervise the installations, alterations, repair and maintenance
of electrical wiring, equipment and appliances as required by the
provisions of this article, and no license shall be issued unless
the applicant obtains a passing mark on said examination which shall
be established by the Supervisor of the Town of Yorktown.
[Amended 5-18-1982; 3-3-1987 by L.L. No. 4-1987]
A reciprocal license agreement may be arranged
where the license requirements of the municipalities involved are
substantially equivalent in the tri-state area. The fee for the issuance
of a Class B license by the Town Clerk of the Town of Yorktown shall
be $50.
[Amended 12-18-1990 by L.L. No. 25-1990]
A.
Upon making application for a license, except for
a special Class A license, the applicant shall deposit with the Town
Clerk of the Town of Yorktown $100 for a reciprocal Class B license.
B.
Upon making application for a license, except for
a special Class A license or special Class B license, the applicant
shall deposit with the Town Clerk of the Town of Yorktown $50. If,
thereafter, upon the recommendation of the Board, a license shall
be issued to such applicant, he shall pay a further sum which, with
the initial deposit of $50, shall be equivalent to the total rate
of $100 for the year. Should such license be denied, the $50 deposited
with the Town Clerk of the Town of Yorktown by the applicant shall
be retained by the town. The annual renewal fee for all licenses after
the first, issued to the same person, shall be $50.
C.
Upon payment to the Town Clerk of a fee of $10, a
holder of a master electrician's license issued pursuant to the provisions
of this article shall receive from the Town Clerk a certificate evidencing
the fact that such individual is the holder of a master electrician's
license issued pursuant to this article.
[Amended 4-20-1988 by L.L. No. 19-1988]
A.
No individual, partnership or corporation shall lend, rent or in any manner transfer or assign his or its license name and/or license number to any other individual, partnership or corporation; nor shall any individual, partnership or corporation make use of a license name or license number which is not actually his or its own. Every such license may, after due notice to the holder thereof and opportunity to be heard, be suspended or revoked by the Board of Examiners for failure or refusal of the licensee to comply with the town ordinances and the New York State Uniform Fire Prevention and Building Code and/or Ch. 130, Building Construction and Fire Prevention, or for other cause deemed sufficient by the Board, including the lending, renting, transferring or assignment of any license contrary to the provisions of this section.
B.
No individual, partnership or corporation shall falsely
represent himself or themselves as a master or employing electrician
by the use of words "master electrician" or "licensed electrical contractor"
or words of similar import or meaning on signs, cards, stationery
or in any other manner whatsoever.
[Added 7-2-1996 by L.L. No. 10-1996]
A.
Any person licensed as a master electrician or any
person holding a reciprocal Class B license in the Town of Yorktown
and engaged at any time in installing any electrical wiring, devices,
appliances or equipment shall maintain insurance against public liability
resulting from bodily injury or death of any person (other than an
employee of the licensed electrician) or property damage occurring
by reason of an accident 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 evidenced by a certificate of insurance naming the Town Clerk as
the certificate holder and the Town of Yorktown as an additional insured
under the policy. The face amount of the policy shall be not less
than $1,000,000 per occurrence and not less than $2,000,000 in the
aggregate. The policy shall provide that cancellation shall require
a minimum of 10 days' written notice of cancellation to the Town Clerk.
Such policy shall be written on an occurrence basis and shall be issued
by a company licensed to do business in New York State.
B.
Any licensed master electrician or any person holding a reciprocal Class B license who fails to maintain a current general liability policy satisfying the requirements of Subsection A of this section shall not be eligible to apply for an electrical permit until such electrician is in compliance therewith. Nothing in this section shall be construed as to relieve any person from responsibility for the ownership, operation, control or installation of any electrical wiring, devices, appliances or equipment with respect to loss of life or damage to person or property caused by any defect therein, nor shall the Town of Yorktown be deemed to have assumed any such liability by reason of any inspection made or license issued pursuant to this article.
[Added 12-18-1990 by L.L. No. 27-1990[1]]
Any person committing an offense against any
provision of this article shall be guilty of a violation punishable
by a fine of not more than $1,000 per violation per day or imprisonment
not exceeding one year, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this article
shall constitute for each day the offense is continued, a separate
and distinct offense hereunder.
