A.
Application for building permit and plumbing permit.
(1)
No person, firm or corporation shall commence erection,
construction, removal, enlargement, alteration, renovation, improvement,
demolition, conversion or installation therein of any building or
structure or change in nature the occupancy of any building or structure
without first obtaining an appropriate permit from the Inspector,
except that no permit shall be required for the performance of repairs
which are not structural in nature and do not entail plumbing, electrical,
heating or venting.
(2)
Application for a permit shall be made to the Inspector
on forms available in the Building Inspection Department. Applicants
shall provide information and documents as may be required at the
discretion of the Inspector or required in accordance with his/her
established policy and procedure or rules and regulations and as otherwise
required by this code or other applicable codes and ordinances, rules
or regulations of the Town.
(3)
Application for a permit shall be made by the owner
or lessee, or the agent of either, or by the architect, engineer or
builder employed in connection with the proposed work.
(4)
Each application for a building permit shall be accompanied
by plans and specifications bearing the signature of the person responsible
for the design and drawings and, where required by § 7302,
as amended, of Article 147 of the Education Law of the State of New
York, the original seal of a licensed architect or a licensed professional
engineer.
(5)
In all cases where there is to be installation of
new plumbing or alteration of existing plumbing, a plumbing permit
must be obtained by a plumber licensed by the Town of Cheektowaga.
(6)
Amendments to the application or to the plans and
specifications may be filed at any time prior to completion of the
work. Such amendments shall likewise be subject to the approval of
the Inspector.
B.
Issuance or denial of building permits.
(1)
The Inspector shall review or cause to be reviewed
all applications for permits, together with the plans, specifications
and documents filed therewith. He/She shall approve or disapprove
the application within 60 days from the date of submission of the
application.
(2)
Upon approval of the application and upon the receipt
of any and all required fees therefor, the Inspector shall issue a
permit to the applicant upon the form prescribed by the Inspector
and shall affix his/her signature or cause his/her signature to be
affixed thereto.
(3)
Fees collected shall be as specified on the Permit
Fee Schedule for buildings or plumbing, as approved by Town Board
resolution.
C.
Performance of work under building permit or plumbing
permit; conditions of permit.
(1)
A building/plumbing permit shall be considered authorization
to work, for a period of one year after the date of its issuance,
in accordance with the application, plans and specifications as approved
by the Inspector. For permits issued for demolition purposes, work
shall commence within 45 days of the date of issuance. A project shall
be deemed abandoned if the project is not completed prior to the permit
expiration date, except that the Inspector may postpone such expiration
date not more than six months at his/her discretion, provided the
postponement is requested within 30 days of the expiration date. In
the event a permit expires 18 months after the date of issuance and
the work has not been substantially completed, then the permit may
be renewed, only once, by submission of a new application and a fee
equal to 1/2 the original fee or the minimum fee, whichever is greater.
This renewal permit may not be extended beyond the expiration date.
(2)
It shall be unlawful to reduce or diminish the area
of any lot or plot for which a plot diagram has been filed and has
been used as the basis for a permit, unless a revised plot diagram
showing the proposed change in condition shall have been filed and
approved; provided, however, that this shall not apply when the lot
area is reduced by reason of a street opening or widening or other
public improvement.
(3)
The location of a new building or structure or an
extension of an existing building or structure shown on an accepted
and approved plot diagram or an approved amendment thereof shall be
strictly adhered to.
(4)
Permits, plans and surveys approved by the Inspector
shall be available on the job site at all times during the progress
of construction. Permits issued by the Inspector shall be displayed
and affixed so as to be readily seen from adjacent thoroughfares during
this period.
(5)
Where a permit is required for the construction or
erection of walls, ceilings or partitions or where such work is done
in conjunction with other work requiring a permit, the Inspector shall
be notified and permission shall be secured before installing insulation,
lath, plaster, plasterboard or any other covering thereon.
(6)
Three weeks prior to demolition of a building, or
part thereof, the premises shall be baited for rodent control by a
licensed exterminator.
D.
Stop-work orders. Whenever the Inspector has reasonable
grounds to believe that work on or in any building or structure is
being prosecuted in violation of the provisions of the applicable
building or plumbing laws, ordinances or regulations, or not in conformity
with the provisions of an application, plans or specifications on
the basis of which a building permit was issued, or in an unsafe and
dangerous manner, he/she shall notify the owner of the property, or
the owner's agent, or the person performing the work to suspend all
building activities until the stop order has been rescinded. Such
order and notice shall be in writing, shall state the conditions under
which the work may be resumed and may be served upon a person to whom
it is directed either by delivering it personally to him or by posting
the same upon a conspicuous portion of the building under construction
and sending a copy of same by certified mail.
E.
Revocation of permits. The Inspector shall have authority
to revoke permits theretofore issued in the following instances:
(1)
Where he/she finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specification on which the building permit was based;
(2)
Where he/she finds that the permit was issued in error
and should not have been issued in accordance with the applicable
law;
(3)
Where he/she finds that the work performed under the
permit is not being prosecuted in accordance with the provisions of
the application, plans or specifications; or
(4)
Where the person to whom a permit has been issued
fails or refuses to comply with a stop order issued by the Inspector.
The Inspector, upon the showing of proper credentials
and in the discharge of his/her duties, may enter upon any building,
structure or premises at any reasonable hour in reference to inspections
in connection with this chapter. The owner or tenant will have been
deemed to have consented to such inspection.
A.
No building which is to have a total floor area in
excess of 10,000 square feet shall be constructed except under the
supervision/observation of a professional engineer or architect licensed
or registered in the State of New York.
B.
No permit will be issued for the construction of a
building which is to have a total floor area in excess of 10,000 square
feet until an affidavit is filed with the Inspector certifying that
the construction of such building will be supervised/observed by a
professional engineer or architect licensed or registered in the State
of New York. The affidavit shall be signed and sworn to by the engineer
or architect who will supervise/observe the construction of such building
and shall have his professional seal affixed. In the event that such
engineer or architect shall, for any reason, discontinue his supervision
of the building at any time prior to the completion, he shall immediately
notify the Inspector of such fact, and thereupon the building permit
issued for such construction shall be suspended and no further work
shall be done thereunder until another such affidavit shall be filed
with the Inspector certifying that supervision of the construction
has been resumed by another or the same engineer or architect.
C.
No certificate of occupancy will be issued for a building
having a total floor area in excess of 10,000 square feet until a
final certificate is filed with the Inspector by the engineer or architect
who supervised construction that the building was in fact erected
in conformity with the plans therefor filed with the Inspector.
In the event of the abandonment of any building
project, it shall be the duty of the holder of the permit or the owner
of the premises, his agent or duly authorized representative to backfill
any open excavation up to the street or ground level; in case the
construction of the building or structure has proceeded beyond the
cellar excavation, all incomplete structures or openings shall be
completely boarded up so as to prevent access to the building or structure,
in order to limit and prevent danger to persons or property and possible
fire hazards.
A.
No building permit shall hereafter be issued for the
construction of a building upon any property located within the boundaries
of any existing sanitary sewer district or extension thereof, unless
the highway adjoining the property upon which said structure is to
be placed has the following improvements:
(1)
A highway constructed and completed to comply with
specifications of the Town Highway Superintendent and other regulations
of the Town of Cheektowaga, New York.
(2)
A lateral sanitary sewer in the highway, connected
with the sanitary sewer system of the sanitary sewer district in which
the property is located to comply with the rules and regulations of
the New York State and/or the Erie County Health Department.
(3)
A waterline in the highway or on private property
constructed to conform to the rules and regulations of the Erie County
Water Authority or satisfactory proof that a contract has been entered
into with the Erie County Water Authority for such construction.
B.
In the event that all of the aforementioned utilities
are not installed at the time the application for a building permit
is made, the Town Board may issue a permit, provided that the applicant
for a permit furnishes the Town of Cheektowaga with a surety bond
in an amount fixed by the Town Board, conditioned that the highway
and the sanitary sewer serving such structure will be constructed
within one year after the issuance of the building permit and that
all other provisions of this chapter will be fully complied with.
C.
All newly constructed buildings, additions and renovated
buildings, even if unoccupied without tenants, shall have all exterior
walls completed, including all exterior finishes, windows and doors.
A.
Certificate of occupancy; requirements.
(1)
No building hereafter erected, enlarged, extended
or altered shall be used or occupied in whole or in part until a certificate
of occupancy/compliance shall have been issued by the Inspector.
(2)
No change shall be made in the nature of the occupancy
of an existing building unless a certificate of occupancy authorizing
such change shall have been issued by the Inspector.
(3)
Before the issuance of a certificate of occupancy,
there shall be filed with the Inspector a survey of the land and structures
under the seal and signature of a land surveyor authorized to practice
in the State of New York and any other documents that may be required
by the Inspector.
(4)
Before issuing a certificate of occupancy or compliance,
the Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
building permit to construct, enlarge, alter, repair or change the
use or nature of occupancy, and he/she may conduct such inspections
as he/she deems appropriate from time to time during and upon completion
of the work for which a building permit or plumbing permit has been
issued. There shall be maintained, in the Building Inspection Department,
a record of all such examinations and inspections, together with a
record of findings of violations of law.
(5)
When after final inspection it is found that the proposed
work has been completed in accordance with applicable code, ordinances,
rules and regulations and also in accordance with the application,
approved plans and specifications filed in connection with the issuance
of a building permit or plumbing permit, the Inspector shall issue
a certificate of occupancy/compliance upon the form provided by him/her.
(6)
If it is found that the proposed work has not been
properly completed, the Inspector shall not issue a certificate of
occupancy/compliance and shall order the work completed in conformity
with the building permit or plumbing permit and in conformity with
the applicable code, ordinances, rules and regulations and the approved
plans.
(7)
The Inspector shall act to issue or deny a certificate
of occupancy/compliance within 30 days after notification from the
owner or contractor that all work has been completed and final inspections
can be made.
(8)
The certificate of occupancy/compliance shall certify
that the work has been completed and that the proposed use and occupancy
are in conformity with the provisions of the applicable code, ordinance,
rules and regulations and shall specify the use or uses and the extent
thereof which the building or structure or its several parts may be
put. Except as otherwise provided by law, a certificate of occupancy/compliance
issued through error of fact or law shall not be valid.
B.
Temporary certificate of occupancy. Upon request,
the Inspector may issue a temporary certificate of occupancy for a
building or structure or part thereof before the entire work covered
by the building permit shall have been completed, provided that such
portion or portions as have been completed may be occupied safely
without endangering life or the public health or welfare. The temporary
certificate of occupancy shall remain in effect for the period of
time stated in the condition, which period of time may be extended
by the Inspector for good cause.
A.
The Board of Plumbing and Drainage Examiners hereby
established and hereafter called the "Board" shall consist of five
members as follows: the Supervising Code Enforcement Officer, the
Town Engineer and three persons who have actively engaged in the plumbing
business for at least 10 years next preceding their membership on
such Board. The last three members shall be appointed by the Supervisor
by and with the consent of the other members of the Town Board and
must be residents of the Town of Cheektowaga. The term of office of
the last mentioned three members shall be two years.
B.
Each member of the Board, except the Town Engineer
and the Supervising Code Enforcement Officer, shall receive, as compensation
as a Board member, an amount of $50 per meeting, totaling no more
than $400 per year. The Town Engineer and the Supervising Code Enforcement
Officer shall serve without compensation.
[Amended 4-11-2017 by L.L. No. 2-2017]
A.
The Board shall make rules and regulations for the
conduct of its business as an examining board.
B.
The Board shall have jurisdiction over and examine
each applicant for a license to determine his qualifications for a
plumber's license under this code and to issue certificates of competency
to all such persons who shall have satisfactorily passed the examination
before such Board and shall be by it determined to be qualified for
conducting the business of plumbing.
[Amended 6-15-2015 by L.L. No. 7-2015]
No person shall engage in or conduct a business
of maintaining, installing or altering, repairing or contracting to
install, alter or repair any plumbing in the Town of Cheektowaga until
such person shall apply for and obtain a master plumber's license
to engage in such business as herein provided.
[Amended 6-15-2015 by L.L. No. 7-2015]
A.
Except for a homeowner, a master plumber or a sewer
contractor, can obtain a permit for plumbing work in the Town of Cheektowaga.
Any person desiring to take the examination for a master plumber's
certificate of competency must be an American citizen and a journeyman
plumber for a minimum of 8,000 hours as an employee of a licensed
master plumber. He shall make a sworn application in writing, accompanied
by a filing and examination fee as determined by the Town Board, not
returnable, and by two photographs of the applicant, approximately
1 1/2 inches by 1 1/2 inches, taken within the past 30 days, to the
Inspector, who, if said application is in good order, shall refer
it to the Board. The Board shall thereupon arrange and conduct an
examination as to the competency and qualifications of such applicant
within 12 months of the date of said application. Any person who has
successfully completed the New York State plumbers and pipefitters
apprentice program shall be allowed to obtain a master's or journeyman's
license through the Building and Plumbing Department without taking
an exam. The applicant shall produce a copy of their certificate of
completion from the New York State Department of Labor.
[Amended 4-11-2017 by L.L. No. 2-2017]
B.
A certified journeyman may not obtain a permit for
plumbing work in the Town of Cheektowaga but may work on a site without
the presence of, but at all times must be under the guidance of, a
master plumber. Any person desiring to take the examination for a
journeyman's certificate of competency must be an American citizen
and must have worked as an apprentice plumber for a minimum of 4,000
hours as an employee of a licensed master plumber. He shall make a
sworn application in writing, accompanied by a filing and examination
fee as determined by the Town Board, not returnable, and by two photographs
of the applicant, approximately 1 1/2 inches by 1 1/2 inches, taken
within the past 30 days, to the Inspector, who, if said application
is in good order, shall refer it to the Board. The Board shall thereupon
arrange and conduct an examination as to the competency and qualifications
of such applicant within 12 months of the date of said application.
C.
A certified sewer contractor may obtain a permit for
sewer work (defined as work between the curb and the exterior of any
structure, which includes any storm, hot boxes/RPZ, sanitary sewer
and water service within five feet of the building) in the Town of
Cheektowaga and may work on a site without the presence of a master
plumber. Any person desiring to take the examination for a sewer contractor's
certificate of competency must be an American citizen and must have
worked as an apprentice plumber for a minimum of 4,000 hours as an
employee of a licensed master plumber or a qualified sewer contractor,
or must have operated a sewer contractor business for a minimum of
8,000 hours. He shall make a sworn application in writing, accompanied
by a filing and examination fee as determined by the Town Board, not
returnable, and by two photographs of the applicant, approximately
1 1/2 inches by 1 1/2 inches, taken within the past 30 days, to the
Inspector, who, if said application is in good order, shall refer
it to the Board. The Board shall thereupon arrange and conduct an
examination as to the competency and qualifications of such applicant
within 12 months of the date of said application.
[Amended 4-11-2017 by L.L. No. 2-2017]
[Amended 6-15-2015 by L.L. No. 7-2015]
A.
The Town Clerk shall issue a license authorizing said
applicant to conduct such business in the Town of Cheektowaga upon
receipt of a certificate of competency from the Board showing that
such person, a member of such firm or the superintendent of construction
of such corporation has passed an examination by said Board. The certificate
of competency must be dated within one year of the date of the application.
B.
Every applicant shall also maintain in continuous
effect the following insurances with insurers authorized to conduct
business in New York State:
(1)
Workers' compensation as required by New York State;
(2)
New York Disability Law insurance;
(3)
General liability insurance covering the operations
of all licensees and naming the Town as an insured with limits of:
$500,000 each occurrence for bodily injury liability; $100,000 each
occurrence for property damage liability; or $500,000 each occurrence
for bodily injury and property damage liability combined. A certificate
of such insurances stating "For Plumbers Bond," and agreeing to notify
the Town "Attn: Plumbers Licenses" at least 15 days before cancellation
or nonrenewal of coverage, shall be filed with the Town Clerk.
C.
The fee for the license required by this chapter shall
be as determined by the Town Board, charged each year or part thereof,
each license expiring on December 31, next after issuance. Once a
license has expired, a plumber shall not be issued permits nor be
allowed to continue plumbing work in the Town of Cheektowaga until
his license has been renewed. Issuance of master plumber's, journeyman
plumber's or sewer contractor's license.
[Amended 6-15-2015 by L.L. No. 7-2015]
[Amended 6-15-2015 by L.L. No. 7-2015]
A.
No licensed plumber shall allow the use of his or
its name or master plumber's license by any unlicensed person, firm
or corporation for the purpose of defrauding the Town or otherwise.
No licensed sewer contractor shall allow the use of his or its name
or sewer contractor's license by any unlicensed person, firm or corporation
for the purpose of defrauding the Town or otherwise.
B.
All work must be performed under the direction of
or by a licensed master plumber or licensed sewer contractor. A master
plumber, or a licensed sewer contractor, must be on site on a regular
basis to ensure proper installation and compliance with code requirements,
accepted/current building plans and engineering designs and be on
site for all Town building and plumbing inspections.
C.
Any person, firm or corporation doing plumbing work
in the Town of Cheektowaga shall exhibit his or its license and approved
Town of Cheektowaga building and plumbing permit, upon request, to
any peace officer, Town Board member, member of the Board or employee
of the Building Inspection Department and shall, while opening any
highway for purposes incidental to such work, and where such highway
is so opened, exhibit in a conspicuous place adjacent to such opening
a sign at least one foot square plainly marked showing the number
of such license.
D.
The dissolution of a firm or corporation shall operate
as a cancellation of the license of such firm or corporation.
E.
Licenses shall not be transferable.
F.
A license may be suspended or revoked at any time
by the Board if, in its judgment, the best interests of the inhabitants
of the Town shall be served thereby.
A.
Where a public sewer is accessible in a street, alley,
easement or thoroughfare to a building or premises abutting thereon,
the liquid waste from any plumbing system in said building shall be
discharged into the public sewer unless otherwise prohibited.
B.
Where the liquid wastes from any plumbing are not
discharged into a public sewer, such wastes shall be so treated or
disposed of as recommended by the Erie County Health Department and
the State of New York Department of Environmental Conservation.
C.
Gutters and inside or outside leaders shall be installed
on all roofs except sheds (120 square feet or less in area), gazebos
and picnic shelters. On existing construction, all downspouts and
sump pumps discharging to the sanitary sewer system shall be disconnected.
Downspouts and sump pumps may be discharged to curb drains, road ditches
or splash blocks. All rear yard drain tile, sump pump or downspout
water shall be so directed that it will not flow onto adjacent properties
except where directed to a designed drainage swale, catch basin, french
drain or natural waterway.
D.
On new construction, all downspouts shall be discharged
to storm sewers or curb drains with bubblers, and all rear yard drainage
shall be conveyed to storm sewers, catch basins or channels accepted
by the Town of Cheektowaga. Any alternate method of water disposition
must be approved by the Town Engineer or Inspector.
E.
On new construction, all buildings having basements
or cellars shall have an adequate sump and sump pump to which any
interior or exterior perimeter drain tile and floor drains shall discharge.
Sump pumps shall discharge into a storm sewer. Where storm sewers
are not available, sump pumps shall discharge into curb drains with
bubblers. Any alternate method of water disposition must be approved
by the Town Engineer or Inspector.
F.
No Town drainage easement or natural waterway may
be filled in or obstructed in any manner unless an alternative method
of water disposition is approved by the Town Engineer.
G.
The main sanitary drain for any building may be installed
hung below the first floor or installed under the cellar floor. Floor
drains or perimeter drains are not permitted to discharge into the
sanitary sewer. All fixtures installed in cellars and basements shall
have a gate valve for their waste lines. All plumbing fixtures installed
in cellars and basements shall be on a branch line from the main sanitary
drain and shall have a gate valve in this branch line to prevent flooding
in the event that the street sanitary sewer becomes clogged. Such
gate valves shall be closed at all times except when the fixtures
are in use.
H.
The sanitary sewer between any building and the sanitary
street sewer must be of any material approved in the code, except
that only cast-iron pipe may be used within a five-foot radius of
any building. Vitrified tile must be at least six inches in diameter.
Tile pipe for sewers must be of the best, sound, salt-glazed vitrified
tile, free from cracks or breaks, with socket joints of uniform shape.
No pipe shall have a thickness of less than 1/12 of the internal diameter,
and it must be uniform in thickness. The joints for all tile sewers
or drains shall be approved slip seal or thoroughly caulked with dry
unoiled hemp and not to exceed more than 1/4 of the annular space,
the balance to be a heated and poured bituminous sewer joint compound,
approved by the Board. For any new installation or repair, a clay
dam must be installed. The dam will be a minimum two feet in depth,
the width of the trench and must extend to within six inches of the
surface grade.
I.
Plumbing may be installed by an owner himself, within
a single-family dwelling or double dwelling unit, provided that all
plumbing complies with the requirements of this code, and in such
event the word "owner" shall be substituted for the word "plumber"
throughout this code, with the exception that the license requirement
will be waived.
[Amended 4-11-2017 by L.L. No. 2-2017]
J.
Floor drains of any type draining areas on which motor
vehicles or similar equipment is parked or stored shall drain through
an oil and grease separator/interceptor located outside of the building.
The size of the separator/interceptor shall be determined by the Town
Engineer.
[Amended 9-21-2009 by L.L. No. 3-2009]
A.
All electrical installations, alterations and repair of wiring for
electric light, heat and power shall be made in conformity with the
Building Code of New York State, except where the provisions of this
chapter or any other local law, ordinance or code of the Town of Cheektowaga
shall differently prescribe.
B.
Inspection required; duties of inspectors.
(1)
Electrical inspection shall be required on all electrical installations,
alterations and repair of wiring for electric light, heat and power
and shall be made in conformity with the requirements of the Building
Code of New York State, except where the provisions of this chapter
or any other local law, ordinance or code of the Town of Cheektowaga
shall differently prescribe.
(2)
Inspections shall be performed only by inspectors who are certified
for residential, commercial and industrial inspection by the International
Association of Electrical Inspectors and who have any certifications
as required by New York State. Said inspectors shall apply for designation
as electrical inspectors by the Town Board. Applications shall be
submitted to the Supervising Code Enforcement Officer with all necessary
forms/certificates as set forth herein.
(3)
All designated inspectors are authorized and deputized as agents
of the Town of Cheektowaga to make inspections and reinspections of
all electrical installations heretofore and hereafter described, and
to approve or disapprove the same. In no event, however, will the
cost or expense of such inspections and reinspections be a charge
against the Town of Cheektowaga.
C.
A party seeking designation by the Town Board as an approved electrical
inspection service shall submit the following information to the Supervising
Code Enforcement Officer:
(1)
The name, street address and telephone number of the applicant.
(2)
Whether the applicant is an individual, partnership or corporation.
The applicant is to provide documentation that they can operate in
Erie County.
(3)
Whether the applicant is doing business in another name, and if so,
said name(s).
(4)
The name, address, qualifications and training, including certificates,
of all individuals who will be performing electrical inspection services
on behalf of the applicant.
(5)
A schedule of fees. A new schedule is to be submitted each time fees
change.
(6)
A statement as to whether the applicant intends to utilize independent
contractors; if so, all independent contractor(s) shall be identified
by name, street address and telephone number along with qualifications/certificates.
D.
The applicant shall affirm the following either individually or,
if a corporation, by a duly authorized officer:
(1)
All electrical inspecting services shall be performed by person(s)
who have documented and current credentials of passing the International
Association of Electrical Inspectors test and any certification by
New York State.
(2)
If any information submitted at the time of application shall become
incomplete or outdated, the applicant will notify the Supervising
Code Enforcement Officer of all changes in writing within 48 hours.
(3)
No person performing electrical inspections within the Town of Cheektowaga
shall engage in electrical work for compensation or have any financial
interest in any person, partnership or corporation engaged in performing
electrical work within the Town of Cheektowaga.
(4)
Electrical inspections shall be performed during normal Town business
hours, unless prior written consent is obtained from the Supervising
Code Enforcement Officer.
(5)
The report of the inspection shall be filed with the Supervising
Code Enforcement Officer within five business days of the inspection.
Said report shall certify whether the electrical work inspected is
in compliance with the applicable codes.
(6)
The electrical inspection service shall provide to the Supervising
Code Enforcement Officer a telephone number the use of which thereof
will not impose long-distance charges upon the Town of Cheektowaga.
Calls made by the Supervising Code Enforcement Officer to such number
shall be returned within 24 hours.
(7)
The electrical inspection service will provide complimentary inspections
in response to the reasonable request(s) of the Supervising Code Enforcement
Officer.
(8)
Fees charged for inspections will not be fully or partially contingent
upon approval by the electrical inspection service of the electrical
work inspected.
(9)
The electrical inspection service has received approval to perform
inspections by New York State Electric & Gas and National Grid.
(10)
The electrical inspection service shall not inspect electrical
work which another approved electrical inspection service determined
to be noncompliant with the code(s).
(11)
The electrical inspection service agrees to defend, indemnify
and hold harmless the Town of Cheektowaga with respect to all claims
of whatever nature arising against the Town of Cheektowaga or any
official or employee thereof with respect to the work performed by
the electrical inspection service.
(12)
If said electrical inspection service intends to utilize independent
contractor(s), the electrical inspection service agrees to defend,
indemnify and hold harmless the Town of Cheektowaga with respect to
all claims of whatever nature arising against the Town of Cheektowaga
or any official or employee thereof with respect to the work performed
by said independent contractor.
(13)
Designation of an electrical inspector may be revoked by the
Supervising Code Enforcement Officer prior to the expiration date
for violating the provisions of this chapter or for making any materially
false statement on the application.
E.
In the event that the Supervising Code Enforcement Officer refuses
to renew or revokes or suspends a designation for an electrical inspector,
the electrical inspector shall have the right to appeal such refusal,
revocation or suspension to the Town Board, in accordance with the
following provisions:
(2)
Whenever it shall be provided herein that a hearing shall be held,
such hearing shall be held on a date and at a place and hour designated
by the Town Board.
(3)
The Town Clerk of the Town of Cheektowaga shall give notice of any
hearing to be held hereunder, stating the name and business address
of the electrical inspector concerned, the subject matter of the hearing
and the date, place and hour designated therefor, by mailing to the
business address shown upon the most recent application of such electrical
inspector at least 10 days prior to the date of such hearing.
(4)
At any hearing held for the refusal, revocation, suspension or removal
of an electrical inspector from a list, such electrical inspector
shall be entitled to be represented by legal counsel and to present
testimony or other evidence in his own behalf, as may be relevant
to the subject matter of the hearing.
F.
The party seeking to be designated by the Cheektowaga Town Board
as an approved electrical inspection service shall submit the following:
(1)
Proof of liability insurance in the amount of at least $2,000,000
single limit for general liability, personal injury and property damage;
professional liability of $3,000,000; automobile liability of $1,000,000;
workmen's compensation and employees' disability.
(2)
If said electrical inspection service intends to utilize one or more
independent contractor(s), proof of liability insurance in the amount
of at least $1,000,000 single limit for personal injury and property
damage identifying as an additional insured each and every independent
contractor to be utilized.
(3)
Policies of liability insurance referenced above shall name as an
additional insured the Town of Cheektowaga. Said policies shall contain
the following clause: "In the event of any material alteration, nonrenewal,
or cancellation of this policy, at least 30 days notice thereof shall
be given to the Town of Cheektowaga Town Clerk, 3301 Broadway, Cheektowaga,
New York 14227."
(4)
A remittance of $1,000 payable to the Town of Cheektowaga to include
a nonrefundable application fee in the amount of $250 as the reasonable
expense to the Town in the administration of the application process
and the amount of $750 as the reasonable expense to the Town over
the balance of five years in supervising and administrating the electrical
inspection service. The remittance of $750 shall not be refunded once
an applicant is designated as an authorized electrical inspection
service.
G.
Effective date. This section shall be effective as of the 1st day
of November, 2009.
