Chapter 36

CHAPTER 36*

ELECTRICIANS

§ 36.1 Definitions

As used in this ordinance, the following terms shall have the meanings indicated:

ELECTRICAL CONSTRUCTION - 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 premise.

MASTER ELECTRICIAN - Includes any person engaged in or holding himself out to the public as engaged in the business of contracting to install or later 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.

PERSONS - Includes one (1) or more persons, natural persons, corporations, partnerships, associations, joint stock companies, societies and all other entities of any kind capable of being sued.

§ 36.2 Board of Examiners created and duties defined

A. There is hereby created a Board to be known as the "Electrical License Board of Examiners", (the "Board") which shall consist of three (3) members to be appointed by the Mayor, subject to the approval of the Board of Trustees. Each member of the Board shall be an employing or master electrician as herein defined.

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 (3) years or until his successor has been appointed, unless removed by the Board of Trustees for cause.

*Chapter title added and section numbers changed editorially from hyphen to period between chapter number and section number; otherwise exactly as enacted by Local Law #1 of the year 1997.

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§ 36.2 MUNICIPAL CODE

C. 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.

D. 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 the Electrical 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 Mineola. It shall also adopt such rules and regulations for the conduct of its meetings as shall be necessary.

§ 36.3 License required

No person shall,within the limits of the Incorporated Village of Mineola, 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.

§ 36.4 Examination and certificate

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.

B. In case of a firm, partnership or corporation, any one (1) or more officers who separately or aggregately hold and own at least fifty-one percent (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 firms, partnership or corporation, it shall promptly designate another member with like qualifications who shall present himself for examination when notified to do so by the Board. If such designation and successful examination does not take place within ten (10) days, then the Board may revoke the license of the

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ELECTRICIANS § 36.6

firm, partnership or corporation.

C. 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. Persons who pass the test as prescribed by the Board shall be eligible to receive a certificate of competency. If such Board is satisfied as to the competency of such applicant, it shall order a certificate issued to him. All examinations shall be written by the applicant and must be in English.

D. The time and place of holding examinations shall be left to the discretion of the Board. Ample notice shall be given to applicants.

E. Such certificate shall be valid for two (2) years, 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 thirty (30) days before the expiration of such certificate and no charges of delinquency are proven against such applicant. [Subd. E. amd. LL #35, 9/20/2000.]

F. An applicant who has failed in his or her first examination shall not be eligible for re-examination until after one (1) month from the date of such failure. An applicant who fails twice or more shall not be further eligible for re-examination until after six (6) months from the date of such second or subsequent failure.

§ 36.5 License

Upon the filing of the certificate and bond, as herein required, and the payment to the Village of the license fee herein provided, the Board shall, except as herein provided, issue to the applicant a license to engage in or work at the business as provided in § 36.3 hereof. 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.

§ 36.6 License fees

A. Every master electrician shall pay an initial license fee of

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fifty dollars ($50.00) and fifty dollars ($50.00) for each biannual renewal, 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 Town of Hempstead, County of Nassau, or the Town of North Hempstead, County of Nassau, shall, on application for a master electrician's license in the Incorporated Village of Mineola, New York, and upon the payment of a license fee in the sum of fifty dollars ($50.00) for each two (2) year license period, 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 Board of a bond, as herein provided, be entitled to a master electrician's license in said Village of Mineola. [Amd. LL # 35, 9/20/2000.]

B. All licenses shall be issued as of January 2 and shall continue in force for two (2) years, unless sooner revoked by the Board or the 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. [Amd. LL # 35, 9/20/2000.]

C. 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 Board upon recommendation of the Electrical License Board of Examiners, upon the filing with the Board of an affidavit by the licensee, setting forth the circumstances of the loss and what, if any, search has been made for its recovery.

§ 36.7 Certificate of insurance

A. Before a license shall be issued or renewed, every master electrician shall make, execute and deliver to the Board a certificate of insurance naming the Incorporated Village of Mineola 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.

B. Such insurance shall protect such village against all loss or

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ELECTRICIANS § 36.10

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 thirty (30) days written notice has been given to the Village.

§ 36.8 Revocation of license

A. Any license may be revoked at any time by the Electrical License Board of Examiners of 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.

B. 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 thirty (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 Board.

§ 36.9 Restrictions

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 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 the license has been revoked or has expired.

B. No license shall be granted to a person under twenty-one (21) years of age.

§ 36.10 Penalties for violations

A. 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

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§ 36.10 MUNICIPAL CODE

regulation made pursuant thereto, or who, having has his license revoked, shall continue to engage in or work at such business, shall, upon conviction thereof, be subject to a fine as provided below. 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 Mineola, and the amount thereof may be recovered in a civil action based upon such forfeiture.

B. The violation of any provision of this chapter shall be punishable as set forth in Section 1.10 of this Code. [§ 36.10 amd. LL #10, 2000, 1/5/2000.]

HISTORICAL NOTE

This Chapter was adopted by Local Law #1 of the year 1997 in January, 1997 and amended by Local Law #10, 2000, January 5, 2000.

Cross references:

Alarm Systems. Chapter 68

installation registration. § 68.9

Housing Code. Chapter 27

electrical equipment requirements. § 27.37

National Electrical code.

acceptable standard. § 26.52(A)

Uniform Code Enforcement. Chapter 26

building permits. § 26.31 et seq.

fees. p. R-6

inspections. § 26.39; electrical. § 26.51 et seq.

References:

Authority to establish Board of Electrical Examiners. Vil L § 4-412(1)

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