[HISTORY: Adopted by the Town Board of the Town of Webster 5-14-1970. Sections 111-5J(1) and (3), 111-6, 111-7 and 111-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The chief inspector and each of the duly appointed inspectors of any inspection organizations acceptable to and approved by the Webster Town Board by resolution thereon are hereby authorized and deputized as agents of the Town of Webster 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 Webster.
It shall be the duty of the inspector to report, in writing, to the Building Official, whose duty it shall be to enforce all provisions of this chapter and all violations or deviations from or omissions of the electrical provisions of the Building Code applicable to the Town of Webster and of all local laws, ordinances and the Building Code as referred to in this chapter, 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 Webster upon the written request of an authorized official of the Town of Webster or as herein provided. The inspector is authorized to make inspections and reinspections of electrical wiring, installations, devices, appliances and equipment in or on properties within the Town of Webster where he deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of the inspector to make electrical inspections upon the oral request of an official or officer of the Town of Webster.
It shall be the duty of the inspector to furnish written reports to the proper officials of the Town of Webster 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 chapter. He shall direct that a copy of the certificate of compliance be sent to the Town of Webster to the attention of the Building Official.
It shall be a violation of this chapter for any person, firm or corporation to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties of the Town of Webster until an application for inspection has been filed with any inspection organizations approved by the Webster Town Board.
It shall be a violation of this chapter 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 of compliance by any inspection organizations approved by the Webster Town Board.
This chapter shall apply only in that part of the Town of Webster outside the Village of Webster.
[Added 11-3-1983; amended 8-15-1985 by L.L. No. 3-1985]
The criteria for appointment of electrical inspection organizations shall be as follows:
Any approved electrical inspection organization(s) (the "agency") shall be fully qualified to conduct its business within the State of New York.
The agency shall at all times maintain currently effective insurance, including statutory workers' compensation insurance, for its employees and workmen and policies for public liability insurance for property damage and personal injury in amounts established from time to time by the Town of Webster (the "town"). The agency shall maintain such insurance policies in full force and effect while performing inspections and submitted certificates and shall provide current insurance policies evidencing such required coverage at all times to the town. All such insurance companies engaged must be solvent and must be licensed to do business within the State of New York. All such policies must have a notice of cancellation of policy coverage of a minimum of 20 days.
The agency shall furnish the Town of Webster with proof of its financial responsibility and organizational continuity, the approval of which shall be solely within the discretion of Town of Webster. Notwithstanding anything else herein contained to the contrary, if at any time the agency's proof of financial responsibility or of its organizational continuity shall be deemed unacceptable in the sole discretion of the town, the town shall so notify the agency. If, within 10 days after receipt of such notice, the agency has not sufficiently remedied the deficient condition, the town shall, on notice, be entitled to immediately terminate the agency's status as a qualified electrical inspection organization, which will thereupon lapse.
The agency shall require all wiring to meet standards of the latest revisions of the National Electrical Code and of any applicable code prescribed by the State of New York or the political subdivision in which the inspected premises are located and shall further comply with all applicable codes, rules and regulations of the Town of Webster.
The agency shall not compete with any other approved electrical inspection organizations in any manner which would cause it to reduce the quality of its inspections. The agency shall not knowingly accept an application at any given location from any applicant who has received notice of any violations from another agency. The agency shall make such inquiry on its standard application form.
Each agency shall be required to maintain a file of current inspection charges with the Town of Webster. Established charges will be applied uniformly and will not be discounted. Inspections and reports shall be made only by qualified electrical inspectors. The agency shall have a minimum of two full-time employees within the greater Rochester, New York, area. The agency shall ensure that the inspectors it employs have adequate experience, education and training as follows:
Each inspector shall have a working knowledge of the principles of electricity necessary to interpret the National Electrical Code, the New York State Electrical Code and all Town of Webster Electrical Codes.
Each inspector shall know the requirements of the National Electrical, New York State and Town of Webster Codes and any other applicable requirements.
Each inspector shall be familiar with the construction practices of the electrical wiring trade.
As a condition of qualification as an approved electrical inspection organization, the agency and each individual inspector that it engages shall provide an affirmation that it, he or she does not nor will engage in or have any interest, direct or indirect, with any wholesaler or retailer of electrical equipment that transacts any business in the State of New York and that the individual inspector will not engage in the work of an electrician anywhere within the State of New York, except that an inspector may do electrical work on his own personal dwelling residence situtate in the Town of Webster. However, if an inspector does electrical work on his own personal dwelling residence for which a license is required pursuant to the Webster Code, such electrical work shall be inspected by another authorized person who is qualified to conduct inspections in the Town of Webster.
The agency, its employees and workmen shall comply with all federal, state and local laws, ordinances, rules and regulations pertaining to any electrical inspection.
The agency agrees to maintain adequate records so that it can provide the Town of Webster, its customers and municipal officials with records of inspections upon request. Such records will be maintained by the agency for a minimum of six years.
The agency will maintain an office in the greater Rochester, New York, service area staffed to receive telephone calls during normal business days for a minimum of six hours per day.
The agency shall establish a system to receive applications and issue inspection reports in accordance with the following:
The agency shall provide an application form executed by an authorized representative of the service contractor and shall forward a copy thereof to the Webster Building Official and the applicant/customer.
The agency shall issue a certificate to the Town of Webster giving notice that an inspection of the electrical service entrance has been made and it is safe to energize the service. The certificate shall be issued in a timely manner to ensure that customers are not subjected to undue delay in receiving electric service.
The agency, in subsequent progressive inspections of the wiring system, shall establish a procedure for prompt notification of any noncompliance. This notice shall be served on the Fire Marshal and the Building Official of the Town of Webster and the applicant/customer.
Upon a finding of compliance, the agency shall issue a certificate of final compliance and shall provide a copy of the certificate to the Webster Building Department and the applicant/customer.
When requested by the Town of Webster, the agency will perform reinspection(s) of an existing dwelling and submit a formal report of its determinations and findings to the Town of Webster or customer in letter form.
All charges for inspections, reinspections, etc., as provided above shall be without cost to the Town of Webster.
Agency(s) seeking acceptance to provide electrical inspection services within the Town of Webster shall submit documentation certifying the aforementioned requirements to the Fire Marshal of the Town of Webster, with copies thereof to the Town Building Official and the Commissioner of Public Works. Acceptance or denial, in writing, from the Town Board of Webster will be provided to the applying electrical inspection agency. Upon approval of documentation of qualifications and compliance with standards, notice thereof will be filed with the Town Clerk and be available for public inspection.
Any change in the above standards or change in the status of the business of the agency will be reported to the Fire Marshal of the Town of Webster, with a copy thereof to the Building Official, within 30 days thereof, in written form, signed by the agency.
If at any time any person, including an official or employee of the Town of Webster, deems that an individual inspector or the agency is incompetent, guilty of misconduct or unqualified, such person shall file his complaint, in writing, with the Town Clerk and the Fire Marshal and Building Official. The Webster Town Board shall hear or designate a hearing officer to conduct a hearing within 30 days after the filing of the complaint, at which time the complainant and the accused agency and/or inspector shall be present and present testimony and witnesses on their behalf. The designated hearing officer, after conducting said hearing, shall forward his recommendation and the basis thereof to the Town Board. Within 30 days of receipt thereof, the Town Board shall, by majority vote, determine whether to revoke, suspend or take no action on the complaint, such determination to be made in writing and filed with the Town Clerk and the enforcing officers within 15 days thereafter. If any member of the Town Board or the enforcing officer or officers shall be the complainant, such complainant shall not be entitled to vote upon such complaint.
This Article shall not be construed to relieve from or lessen the responsibility of any agency, or of any person owning, operating, controlling or installing any electrical wiring devices or equipment, for loss of life or damage to persons and property caused by any defect therein, nor shall the Town of Webster or its inspectors be deemed to have assumed any such liability by reason of any inspection made pursuant to the requirements of the aforesaid standards.
Any notice(s) hereby required shall be delivered by certified or registered mail, return receipt requested:
The Fire Marshal shall at least annually review the qualifications of each electrical inspection agency.
Upon request, such agency shall promptly provide to the Webster Fire Marshal evidence of insurance coverage and any business records pertaining to the qualification by the agency and its employees related to its (their) services provided to the Town of Webster.
Such records shall be maintained in confidence by the Town of Webster, and the information contained therein shall be accessible only to the Webster Fire Marshal, the Town Board, the Town Attorney or other town officials requiring access to such records.
Any applicant deemed qualified as an approved electrical inspection organization shall pay a nonrefundable fee of $50 to the town on an annual basis, commencing on January 1, 1986.