[HISTORY: Adopted Floral Park Village Board 5-4-1943. Amendments
noted where applicable.]
As used in this ordinance, the following terms
shall have the meanings indicated:
Includes all work done and materials used in installing,
manufacturing and extending a system of electrical wiring for light,
heat or power and all appurtenances thereto and all apparatus or equipment
used in connection therewith inside or attached to any building or
structure, lot or premises.
Includes any person engaged in or holding himself out to
the public as engaged in the business of contracting to install or
alter the electrical equipment or apparatus for the utilization of
electricity supplied for light, heat or power, except a person doing
personally electrical construction or repair work on his own property
or an electric light or power company, telephone or telegraph company
or electric or steam railway company or the like, which does electrical
or repair work on its own property or constructs or installs its own
system.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
A.
There is hereby created a board to be known as the
"Electrical License Board of Examiners," which shall consist of five
members to be appointed by the Board of Trustees as follows:
B.
Each member shall be thoroughly familiar with electrical
construction, both theoretical and practical, and competent to pass
judgment on the fitness of applicants for certificates as hereinafter
provided. Each member shall hold office for three years or until his
successor has been appointed, unless removed by the Board of Trustees
for cause. All vacancies occurring in the Board shall be filled by
the Board of Trustees. Any member or members may be removed by the
Board of Trustees for malfeasance in office, incapacity or neglect
of duty. Such Board shall elect its own chairman from its members.
A majority shall constitute a quorum to transact the business thereof.
The Board shall meet at least once each month and shall have authority
to hold special meetings, if in the opinion of the chairman or a majority
such are desirable for the proper and efficient discharge of the business
of such Board. It shall adopt all necessary rules and regulations
for the examination of all persons who desire to engage in or work
at the trade or business of electrical construction within the Incorporated
Village of Floral Park. It shall also adopt such rules and regulations
for the conduct of its meetings as shall be necessary.
C.
Secretary to Electrical License Board of Examiners.
[Added 9-4-2002 by L.L. No. 7-2002]
(1)
The position of Secretary to the Electrical License
Board of Examiners is hereby created. Such Secretary shall be appointed
by and have such duties as are specified by the Electrical License
Board of Examiners. Such Secretary shall serve at the pleasure of
that Board.
(2)
Such duties may include the following:
(a)
Set up and maintain files for the Board;
(b)
Act as liaison between the Building Department and
the Board;
(c)
Receive mail and make fax transmissions and telephone
calls for members of the Board;
(d)
Review all license applications to verify that all
necessary documents are included;
(e)
Set up agendas for meetings and notify Board members
and applicants of examination dates; and
(f)
Notify applicants of decisions and/or need for resubmission
of documents.
(3)
The Board of Trustees shall establish the compensation
for the position of Secretary to the Electrical License Board of Examiners.
No person shall, within the limits of the Incorporated
Village of Floral Park, engage in, carry on or work at the business
of installing or making repairs, alterations, additions or changes
to existing systems of electrical wiring or electrical apparatus for
heat, light or power, as master electrician as herein defined, without
first having passed an examination and obtained and paid for, and
having in full force and effect, a license as herein provided.
A.
Every person desiring to procure a certificate as
herein provided shall make application to the Electrical License Board
of Examiners for examination, in such form and detail as such Board
may prescribe. In case of a firm, partnership or corporation, any
one or more officers who separately or aggregately hold and own at
least 51% of the issued and outstanding capital stock, who supervise
all work done and who pass the examination and procure a certificate,
shall be considered as the firm, partnership or corporation. When
such executive member severs his relations with such firm, partnership
or corporation, it shall promptly designate another member with like
qualifications who shall present himself for examination when notified
so to do by the Board. If such designation and successful examination
do not take place within 10 days, then the Village Clerk may revoke
the license of the firm, partnership or corporation.
B.
Such Board shall examine each applicant as to his
practical knowledge of electrical construction. Such examination shall
be made in whole or in part in writing and shall be of a practical
and elementary character but sufficiently strict to test the qualifications
of the applicant, and shall satisfy the Board as to the applicant's
ability as an electrician and his familiarity with the rules and regulations
governing electrical construction. If such Board is satisfied as to
the competency of such applicant, it shall order a certificate issued
to him. Such certificate shall be valid for one year but the same
can and may be renewed without further examination if application
is made to such Board for renewing the same not less than 30 days
before the expiration of such certificate and no charges of delinquency
are proven against such applicant. An applicant who has failed in
his first examination shall not be eligible for re-examination until
after one month from the date of such failure. An applicant who fails
twice or more shall not be further eligible for reexamination until
after six months from the date of such second or subsequent failure.
Upon the filing of the certificate and bond, as herein required, and the payment to the Village of the license fee herein provided, the Village Clerk shall, except as herein provided, issue to the applicant a license to engage in or work at the business as provided in § 38-3. All licenses shall be numbered in the order in which they are issued and shall state clearly the name and address of the licensee and the fee paid.
[Amended 11-9-1963; 5-15-1990 by L.L. No. 5-1990; 7-19-2011 by Ord. No.
3-2011]
Every master electrician shall pay an initial
license fee and yearly renewal fee as established by resolution of
the Board of Trustees, except that any individual, partnership or
corporation which, at the time of the enactment of this ordinance
or at any time thereafter, is the holder of a master electrician's
license duly issued by the County of Nassau, Town of Hempstead, Town
of Oyster Bay, or the Town of North Hempstead, County of Nassau, shall,
on application for a master electrician's license in the Incorporated
Village of Floral Park, New York, and upon the payment of a license
fee as established by resolution of the Board of Trustees for each
license year, as herein defined, and upon presentation of his current
Town of Hempstead master electrician's license or his current Town
of North Hempstead master electrician's license and upon delivery
to the Village Clerk of a bond, as herein provided, be entitled to
a master electrician's license in said Village of Floral Park. All
licenses shall be issued as of January 2 and shall continue in force
for up to two years, unless sooner revoked by the Village Clerk or
Electrical License Board of Examiners. No license or certificate shall
be used by any person other than the original licensee or person to
whom it was issued, and any holder of such license or certificate
who permits it to be used by any other person, and any person who
uses such license or certificate granted to any other person shall
each be guilty of a violation of this ordinance. Whenever a license
shall be lost or destroyed without fault upon the part of the holder,
a duplicate license in lieu thereof under the original application
and bond shall be issued by the Village Clerk upon recommendation
of the Electrical License Board of Examiners, upon the filing with
the Village Clerk of an affidavit by the licensee, setting forth the
circumstances of the loss and what, if any, search has been made for
its recovery.
[Amended 1-20-1987 by L.L. No. 1-1987]
Before a license shall be issued or renewed,
every master electrician shall make, execute and deliver to the Village
Clerk a certificate of insurance naming the Incorporated Village of
Floral Park as an additional insured on a general liability policy
insuring against damages imposed by law in insurance companies authorized
to do such business in the State of New York. Such insurance shall
protect such Village against all loss or damage occasioned by the
negligence of the master electrician or his agents, servants, employees
or representatives in failing to execute properly and protect all
work done by him or his agents, servants, employees or representatives
or under his direction or supervision and from all loss or damage
occasioned by or arising in any manner from any such work done, which
is not caused by the negligence of such Village or its agents or employees.
This certificate of insurance shall provide that the policies shall
not be changed or canceled until 30 days' written notice has been
given to the Village.
Any license may be revoked at any time by the
Electrical License Board of Examiners if the licensee or any person
performing any work under his jurisdiction willfully violates any
ordinance or law relating to electrical construction or is responsible
for any electrical installation which is a hazard to life or property.
Whenever any license shall be so revoked, no refund of any unearned
portion of the fee for said license shall be made. No license shall
be granted to a person whose license has been revoked within a period
of 30 days from the date of such revocation. Notice of such revocation
and the reason or reasons therefor, in writing, shall be served by
the Electrical License Board of Examiners upon the person named in
the application and a copy shall be filed with the Village Clerk.
A.
No person shall carry on the business at or from any
other place in the Village than the one designated in the license
therefor without first having notified the Village Clerk of the change
and having had the same endorsed on the license; nor shall be continue
to carry on or work at such business after the license has been revoked
or has expired.
B.
No license shall be granted to a person under 21 years
of age.
[Amended 4-1-1980 by L.L. No. 2-1980]
Any person who himself or itself or by his or its clerk, agent or employee shall engage in or work at the business of installing or making repairs, alterations, additions or changes to existing systems of wiring or electrical apparatus for heat, light or power as a master electrician, without a license, or who shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto, or who, having had his license revoked, shall continue to engage in or work at such business, shall, upon conviction thereof, be subject to a fine as provided in § 32-13 of Chapter 32 hereof, and each day on which such violation continues shall constitute a separate offense. In addition to the penalty imposed, the license of the person violating the same may be revoked and the bond upon such license forfeited in the discretion of the Electrical License Board of Examiners. Upon such forfeiture, the amount of the bond shall thereupon become due and payable to the Incorporated Village of Floral Park, and the amount thereof may be recovered in a civil action based upon such forfeiture.
