[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 12-14-1987 by L.L. No. 8-1987. Amendments noted where applicable.]
Fire prevention and building construction — See Ch. 151.
Flood damage prevention — See Ch. 155.
Housing standards — See Ch. 179.
Fees — See Ch. A312.
~ 129-1. Title. [Amended 12-8-2008 by L.L. No. 6-2008]
This chapter shall be entitled “Electrical Code of the Village of Fredonia.”
~ 129-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD — The Electric License Board of Examiners of the Village of Fredonia.
ELECTRICAL CONSTRUCTION — Includes all work done and materials used in installing and extending a system of electrical wiring or conductors 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. (Rules governing “electrical construction” shall be set forth in the current edition of the National Electrical Code, as the same may be amended from time to time.)
MASTER ELECTRICIAN — Includes any person engaged in or holding himself out to the public as engaged in the business of contracting to install or alter any electrical wiring, conductors, equipment or apparatus for the utilization of electricity supplied for light, heat or power, or an electric light or power company, telephone or telegraph company or electric or railway company or the like which does electrical or repair work on its own property or constructs or installs its own system. [Amended 4-6-1995 by L.L. No. 1-1995; 12-8-2008 by L.L. No. 6-2008]
PERSONS — Includes one or more persons of either sex, natural persons, corporations, partnerships, associates, joint-stock companies, societies and all other entities of any kind capable of being sued.
~ 129-3. Compliance with National Electrical Code required. [Amended 12-8-2008 by L.L. No. 6-2008]
All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electrical Code of 2002 and all subsequent editions or amendments thereto as adopted by the State of New York.
~ 129-4. Permit required for electrical construction. [Amended 12-8-2008 by L.L. No. 6-2008]
No electrical construction, as defined in this chapter, shall be started until the property owner and/or electrician has first filed with the Building Inspector a completed application on a form approved by the Board, excepting work done in their own plants by persons not required to be licensed under ~ 129-6 of this chapter. The Building Inspector shall issue a permit for construction upon receipt of said application properly completed.
~ 129-5. Electric License Board of Examiners.
A. There is hereby created a Board to be known as the “Electric License Board of Examiners,” hereinafter referred to as “Electrical Board,” which shall consist of five members, which shall be composed of three licensed electrical contractors, one representative from the Fredonia Fire Department and one Fredonia resident, all appointed by the Mayor, subject to the approval of the Village Board of Trustees. [Amended 12-8-2008 by L.L. No. 6-2008]
B. The Building Inspector of the Village of Fredonia shall be designated as the enforcement officer of this chapter and shall be an ex officio member of the Board with no voting privileges.
C. Each of the five named members of the Electrical Board shall hold office for the term of three years or until his successor has been appointed, except that the members now serving on the Electrical Board shall continue until the expiration of their terms of office. All vacancies shall be filled by the Mayor, subject to the approval of the Village Board. Any member or members may be removed by the Mayor for malfeasance of office, incapacity or negligence of duty; however, prior to any removal of any Electrical Board member, the member shall be given written reasons for the pending removal and an opportunity to be heard before the Mayor. Such Electrical Board shall elect its own Chairman, and the Village Clerk or his designee shall act as its Secretary. A majority shall constitute a quorum to transact the business thereof. The Electrical Board shall meet as often as is necessary for the proper and efficient discharge of the business of such Board. It shall adopt such 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 Village of Fredonia, New York, and for the conduct of the business of the Board, not otherwise prescribed herein, as shall be necessary and shall have the power to change and amend the same. [Amended 12-8-2008 by L.L. No. 6-2008]
D. The applicant shall pay a fee of $75 for his electrical license examination, which shall be payable to the person authorized by the Electrical Board to give the examination. Said fee may hereafter be changed from time to time by resolution of the Board of Trustees of the Village of Fredonia. [Amended 4-6-1995 by L.L. No. 1-1995; 12-8-2008 by L.L. No. 6-2008]
~ 129-6. License required for master electricians; display of license.
A. No person shall, within the limits of the Village of Fredonia, 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, hard-wired smoke detectors, light or power for hire as a 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. [Amended 12-8-2008 by L.L. No. 6-2008]
B. Every holder of a master electrician’s license within the Village of Fredonia shall keep his, their or its certificate of license displayed in a conspicuous place in his, their or its principal place of business within the Village of Fredonia.
C. An electrical license shall not be required from a person who personally performs electrical construction or repair work on a one-family dwelling which is occupied and owned by said person or a two-family dwelling which is owned by said person who resides in one of the dwellings. Said construction or repair work, however, shall be subject to inspection and compliance with other provisions of this chapter. [Added 4-6-1995 by L.L. No. 1-1995]
~ 129-7. Examination; issuance of certificate; renewal; waiver of exam.
A. Every person desiring to procure a certificate as herein provided shall make application to the Electric License Board of Examiners for examination in such form and detail as such Board may prescribe. Examinations will be given on such dates as the Board may, from time to time, set.
B. In the case of a partnership, at least one of the partners must pass the examination and procure a certificate as herein provided. Such certificate holder must supervise all electrical work done.
C. In the case of a corporation, the certificate herein mentioned must be procured by one who is a stockholder and either President, Vice President, Secretary or Treasurer of the corporation and under whose supervision all electrical work is done.
D. Such Board shall examine such applicant as to his practical knowledge of electrical construction. Such examinations shall be made in whole or 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 applicants’ 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 issue a certificate to him. Such certificate shall be valid through December 31 of the year of issue, but the same can and may be renewed without further examination if application is made to the Board for renewing the same prior to December 1 of the year in which the license is valid and on further condition that no charges of delinquency are proven against such applicant.
E. All renewal applications shall be reviewed by the Board, and only upon approval of the Board shall the license be renewed.
F. An applicant who has failed in his first examination shall not be eligible for the reexamination until after three months from the date of failure. An applicant who fails twice shall not be further eligible for reexamination until one year from the date of such second or subsequent failure.
G. The Board is empowered to waive the examination of any person, partnership or corporation presently licensed to do electrical work in any municipality with a population greater than the Village of Fredonia as determined by the latest United States Census and may issue a license to such person, partnership or corporation to engage in or work at the business, as provided in this chapter; however, a copy of the current license issued by said municipality shall be presented to the Board before said exam can be waived. [Amended 4-6-1995 by L.L. No. 1-1995]
H. The Board is authorized to hold an electrical examination jointly with the City of Dunkirk or any other municipality under such rules as the Board may approve. [Added 4-6-1995 by L.L. No. 1-1995]
~ 129-8. Issuance of license. [Amended 12-8-2008 by L.L. No. 6-2008]
Upon the filing of the certificate, as herein required, and the payment to the Village Clerk of the license fee herein provided, the Electrical Board shall, except as herein provided, issue to the applicant a license to engage in or work at the business as provided in ~ 129-4 of this chapter. 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 and shall be countersigned by the Village Clerk and the Chairman of the Electric License Board of Examiners.
~ 129-9. License fees; duration; transferability; duplicate copies.
A. Fee for license and renewal. Every master electrician shall pay an initial license fee of $150 and $100 for each yearly renewal, and said fee and renewal fee may hereafter be changed from time to time by resolution of the Board of Trustees of the Village of Fredonia. [Amended 4-6-1995 by L.L. No. 1-1995]
B. All licenses issued shall continue in force through December 31 after issuing, unless sooner revoked by the Board.
C. 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 chapter.
D. 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, may be issued by the Board in its discretion, upon the filing with it of an affidavit by the licensee, setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
~ 129-10. Insurance. [Amended 4-6-1995 by L.L. No. 1-1995; 12-8-2008 by L.L. No. 6-2008]
B. Insurance. Prior to being issued a license, every applicant for an electrical license shall keep on file in the Village Clerk’s office a certificate of insurance showing liability insurance of at least $1,000,000 and property damage insurance of at least $50,000 issued by a company licensed to do business in the State of New York. Said insurance shall be in force and maintained at all times during the term of the license and shall contain a clause giving the Village of Fredonia at least 30 days’ written notice prior to cancellation.
~ 129-11. Suspension or revocation of license; renewal after expiration.
A. Any license may be suspended or revoked at any time by the Board if the licensee or any person performing any work under its jurisdiction willfully violates or, by reason of incompetence, repeatedly violates any statute of the State of New York or any ordinance, rules or regulations of the Village of Fredonia relating to the installation, maintenance, alteration or repair of electrical conductors, wiring, devices, fixed appliances and equipment or is responsible for any electrical installation which is a hazard to life or property. Whenever any license shall be so suspended or revoked, no refund of any unearned portion thereof shall be made. No license shall be granted to a person whose license has been suspended or 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 Board upon the person named in the application and upon filing a copy with the Village Clerk of the Village of Fredonia.
B. A license not renewed within 30 days after the expiration date automatically becomes null and void. Any license not renewed on or before the expiration date will be renewed only upon full payment of a special handling fee as set by resolution of the Board of Trustees. [Amended 12-9-1996 by L.L. No. 8-1996]
~ 129-12. Qualifications of licensees; restrictions.
A. No person shall carry on the business at or from any place in the village other than the one designated in the license therefor without first having notified the Board of the change and having had the same endorsed on the license; nor shall he continue to carry on or work at such business after his license has been revoked or has expired.
B. No license shall be granted to a person under 21 years of age.
C. The applicant shall:
(1) Citizenship. Be a citizen of the United States or a declarant therefor as authorized by law.
(2) Loyalty. Not, either individually or as a member of any party, group or organization at the time of any such application for a license or special permit, advocate or resort to any practices subversive of or designed for the overthrow, destruction or sabotage of the government of the United States.
(3) Good moral character. Be of good moral character. In making such determination, the Electric License Board of Examiners of the Village of Fredonia considers:
(a) Penal history: all convictions, the reasons therefor and the demeanor of the applicant subsequent to his release.
(b) License history: the license history of the applicant; whether such person, in previously operating in this or another state under a license, has had such license revoked or suspended: the reasons therefor; and the demeanor of the applicant subsequent to such action.
(c) General personal history: such other facts relevant to the general personal history of the applicant as it shall find necessary to a fair determination of the eligibility of the applicant.
(4) No obligations to village. Not be in default under the provisions of this chapter or indebted or obligated in any manner to the village, except for current taxes.
D. A master electrician’s license shall not be granted to a person who has had less than five years of experience as a journeyman electrician or the equivalent in education in the installation and alteration of electrical wiring, conductors and equipment for light, heat and power.
~ 129-13. Employment of unlicensed electricians unlawful. [Amended 12-8-2008 by L.L. No. 6-2008]
It shall be unlawful for any person to employ an unlicensed person to do any electrical work in the Village of Fredonia.
~ 129-14. Electrical inspectors. [Amended 12-8-2008 by L.L. No. 6-2008]
A. The Board of Trustees shall appoint one or more electrical inspectors, as it deems necessary, for a term of three years until his successor has been appointed, unless removed from office by the Mayor, and such inspectors are hereby authorized and deputized as agents of the Village of Fredonia to make inspections and reinspections of all electrical installations heretofore and hereinafter described and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be charged against the Village of Fredonia. Electrical inspectors shall not be considered employees or officers of the Village. Electrical inspectors are only considered as persons approved by the Village Board to perform electrical inspections within the Village of Fredonia.
B. All electrical inspectors previously appointed by the Village shall no longer be authorized to perform electrical inspections in the Village after July 1, 2009. The Mayor, with the consent of the Board of Trustees, shall appoint one or more electrical inspectors as it deems necessary in accordance with this Chapter 129 to serve after July 1, 2009.
~ 129-15. Duties of electrical inspectors. [Amended 12-8-2008 by L.L. No. 6-2008]
A. It shall be the duty of the electrical inspector to report, in writing, to the Code Enforcement Officer of the Village of Fredonia, whose duty it shall be to enforce all provisions of this chapter, all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code and of all state codes insofar as any of the same apply to electrical wiring. The electrical inspector shall make inspections and reinspections of electrical installations in and on properties in the Village of Fredonia upon the written request of the master electrician or the owner of an owner-occupied single- or owner-occupied two-family dwelling or as herein provided. The written request shall be made to the electrical inspector within three days from completion of the electrical work. The electrical inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment in and on properties within the Village of Fredonia where he deems it necessary for the protection of life and property. In the event of emergency, it is the duty of the inspector to make the electrical inspections upon oral request of an official or officer of the Village. It shall be the duty of the inspector to furnish written reports to the proper officials of the Village of Fredonia 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 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 and the building permit number as issued by the Building Inspector be sent to the Village of Fredonia to the attention of the Building Inspector.
B. It shall be the responsibility of the electrical inspector to verify that the required building permit has been obtained and a building permit number, along with the name of the person doing the inspection, shall appear on the certificate.
(1) All electrical inspectors shall provide documented credentials of passing the International Association of Electrical Inspectors test for the type of inspection being done.
(2) A current copy of the electrical inspector’s certificate of insurance (with no waiver of liability or assumption of liability accepted) must be on file with the office of the Village Building Inspector.
(3) A written report must be provided by the electrical inspector to the owner, tenant and Village Code Enforcement Officer detailing the acceptance or rejection of the electrical installations, within seven days of the completion of the electrical inspection.
(4) When the work is completed to current code, a certificate of compliance shall be issued to the applicant, owner and Code Enforcement Officer. (Note: The Code Enforcement Officer should review the standard form used for any disclaimers.)
(5) All electrical inspectors shall also be New-York-State-Certified Code Enforcement Officers.
(6) The electrical inspector shall provide the Village Code Enforcement Officer his inspection report with written results as soon as the inspection is completed.
(7) The electrical inspector shall keep on file with the Village Code Enforcement Officer his or her current fee schedule.
(8) In no event shall the cost or expense of such inspections or reinspections be charged against the Village.
(9) All electrical inspectors shall carry liability insurance of at least $1,000,000 and property damage insurance of at least $50,000. If the inspector has employees, a form from the New York State Workers’ Compensation Board stating that the inspector has Workers’ compensation insurance (Form C105.2 or U-26-3) and New York State disability insurance (Form DB-120) is required. If the inspector does not have employees, a form from the New York State Workers’ Compensation Board stating that the inspector is not required to have workers’ compensation insurance or disability insurance is required (Form CE-200). The ACCORD form is not acceptable for proof of workers’ compensation and disability in New York State.
~ 129-16. Unlawful acts.
It shall be a violation of this chapter 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 Village of Fredonia until a permit has been issued as provided by ~ 129-4 of this chapter. 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 too the issuance of a temporary certificate or a certificate of compliance by an inspector appointed by the Village of Fredonia.
~ 129-17. Penalties for offenses.
Any person, firm or corporation who shall violate any provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction, be subject to a fine not to exceed $500 or imprisonment for a period of time not to exceed 15 days, or by both such fine and imprisonment.
~ 129-18. Exemptions.
A. 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.
B. This chapter 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.
C. 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.
~ 129-19. No waiver or assumption of liability.
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electric wiring, devices, appliances or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Village of Fredonia or any of its inspectors be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter or by the lapse or inadequacy of any insurance or bond.