[HISTORY: Adopted by the Town Board of the Town of East Fishkill
3-14-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
This chapter shall be known as the "Electrical Code of the Town of East
Fishkill."
Since there is danger to life and property inherent in the use of electrical
energy, this chapter regulates the manner in which wiring is installed for
electric light, heat, power and signal systems operating on 50 or more volts
in or on all real property within the Town of East Fishkill.
All electrical installations heretofore mentioned shall be made in conformity
with the requirements of the National Electric Code except where the provisions
of this chapter or any local law, ordinance or the New York State Uniform
Fire Prevention and Building Code (the "Building Code") 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 chapter.
The requirements of the National Electric Code shall be those known as "National
Fire Protection Association Pamphlet No. 70" as approved and adopted by the
American Standards Association.
A.
Any person, firm or corporation violating any provision
of any section of this chapter or who shall violate or fail to comply with
any order made thereunder or who shall falsify plans or statements filed thereunder
or who shall continue to work upon any building after having received written
notice from the Building Inspector to cease work shall be guilty of an offense
and punishable by a fine not to exceed $1,000 or imprisonment not to exceed
one year, or both. However, for the purpose of conferring jurisdiction upon
the courts and judicial officers, generally, violations of this chapter shall
be deemed misdemeanors and for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations.[1]
B.
Each week's continued violations shall constitute a separate
additional violation. Notice of violation shall be sufficient if directed
to such owner, the agent of such owner, or the contractor and left at the
person's last known place of residence or business.
A.
Any person or organization may apply to the Town Board
for permission to conduct electrical inspections in the Town of East Fishkill.
The application shall be in writing on such forms as may be prescribed by
Town Board resolution and shall be accompanied by a nonrefundable application
fee in an amount as set from time to time by the Town Board and an insurance
certificate showing statutory workers' compensation coverage for employees
and automobile and public liability coverage for property damage and personal
injury, including wrongful death, in an amount of at least $10,000,000.[1]
B.
The completed application shall be submitted to the Building
Inspector, who shall review the same for accuracy and completeness and who
shall also make an investigation into the business reputation and qualifications
of the applicant. The Building Inspector shall, within 30 days of the receipt
of the application forward the same, together with a recommendation as to
approval or rejection to the Town Board. The Town Board shall, within 30 days,
either approve or reject the application. In the event that the Town Board
fails to act on the application within said time limit, such application shall
be deemed to be approved.
C.
Upon approval, the Building Inspector shall issue a letter
to the applicant certifying that the applicant has been found to be a qualified
Electrical Inspector in the town. Such certification shall be valid until
such time as it is revoked by the Town Board upon good cause shown after a
hearing before the Town Board, at which hearing the Electrical Inspector shall
be given an opportunity to be heard and to present a defense. In the event
that the application is not approved, the applicant shall be given an opportunity
to secure approval from the Town Board at a hearing to be conducted by the
Town Board within 30 days of such rejection.
D.
The Building Inspector shall at all times maintain a
list of qualified Electrical Inspectors with their current business addresses
and telephone numbers.
A.
Qualified Electrical Inspectors may make inspections and reinspections of all electrical installations referred to § 96-2 of this chapter, and, where an installation is found to be in compliance with this chapter, may issue temporary certificates and certificates of compliance. Copies of such certificates shall be filed with the Building Inspector within two business days after issuance. Such inspections and reinspections shall be at the request and expense of the property owner.
B.
Qualified Electrical Inspectors shall report in writing to the Building Inspector of the Town of East Fishkill all violations of the NYSFPBC and NEC insofar as they relate to electrical inspections in the town as referred to in § 96-2 of this chapter.
C.
Such Inspectors shall make inspections and reinspections of electrical installations in the town, as referred to in § 96-2 of this chapter, upon the written request of the Building Inspector, or, in the event of an emergency, upon the oral request of the Building Inspector or any other town official.
D.
No Inspector or inspection agency shall knowingly accept
an application for any location or installation that has previously been rejected
due to violations by any other Inspector or inspection agency.
This chapter shall not be construed to relieve or diminish the responsibility of any person owning, leasing, operating, controlling or installing any electrical installations referred to in § 96-2 of this chapter for loss of life or injury or damage to any person or property caused by any defect or negligence therein, nor shall the town or any of its agents, servants or employees be deemed to have assumed any such liability for any reason, including any inspection, reinspection or the issuance of any certificates pursuant to this chapter.
The provisions of this chapter shall not apply to the electrical installations
in mines, ships, railway cars or 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 chapter shall not apply to any work
involved in the manufacture, assembly, testing or repair of electrical machinery,
apparatus, materials and equipment by a firm, person 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.
