INTRODUCTORY LOCAL LAW NO. 6 OF 2024

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INTRODUCTORY LOCAL LAW NO. 6 OF 2024

TOWN OF GOSHEN

A LOCAL LAW AMENDING CHAPTER 50, ENTITLED “ELECTRICAL INSPECTIONS” OF THE CODE OF THE TOWN OF GOSHEN TO UPDATE PROVISIONS RELATED TO ELECTRICAL STANDARDS AND INSPECTIONS IN CONFORMANCE WITH THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE

BE IT ENACTED by the Town Board of the Town of Goshen, Orange County, New York as follows: 

SECTION 1.  PURPOSE.

The purpose of this Local Law is to amend Chapter 50 (“Electrical Inspections”) of the Code of the Town of Goshen to update provisions related to electrical standards and inspections in conformance with the New York State Uniform Fire Prevention and Building Codes.

SECTION 2.  CHAPTER 50 (“ELECTRICAL INSPECTIONS”).

Chapter 50 (“Electrical Inspections”) of the Code of the Town of Goshen is hereby repealed in its entirety, and replaced with a new Chapter 50, entitled “Electrical Standards and Inspections”, as follows:

Chapter 50.    Electrical Standards and Inspections.

§ 50-1. Purpose.

The purpose of this Chapter is to regulate the manner in which electrical wiring is installed for light, heat, power and signal systems operating on 120 or more volts in or on all real property within the Town of Goshen.

§ 50-2. Standards.

All electrical installations pursuant to the chapter shall be made in conformity with the requirements of the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”), the State Energy Conservation Construction Code (the “Energy Code”) and the National Electrical Code (the “NEC”), as each may be amended from time to time and as adopted by the National Fire Prevention Association. In the event of any conflict between the Uniform Code, Energy Code and the NEC, the provisions of the NEC shall govern and shall be deemed in compliance with this Chapter.

§ 50-3. Electrical inspectors.

  1. Any person or legal entity may apply to the Town Board for permission to conduct electrical inspections. This application shall be in writing on forms prescribed by the Town Board by resolution and shall be accompanied by a nonrefundable annual fee of $150, together with an insurance certificate showing statutory workers’ compensation coverage and automobile and public liability coverage for property damage and personal injury, including wrongful death, naming the Town of Goshen as an additional insured, in an amount not less than $2,000,000.
  2. The application shall be submitted to the Building Inspector who shall review the same and who shall make an investigation as to the qualifications of the applicant. Within 30 days after the submission of the completed application, the Building Inspector shall deliver copies of the complete application to the Town Board with a recommendation for approval or disapproval. Within 30 days after receipt of the application and recommendation, the Town Board shall take action on the application. Failure to act within said period shall be deemed an approval of the application.
  3. Upon approval, the Building Inspector shall issue a letter of certification addressed to the applicant stating that the Town Board of the Town of Goshen has found the applicant to be a qualified electrical inspector. Such certification shall remain in full force and effect until rescinded for cause pursuant to a hearing held on not less than 10 days’ written notice to the inspector. Notice may be delivered personally or by regular and certified mail. Upon delivery of such notice or upon the mailing of the same, certification shall be suspended pending a determination.
  4. In the event that an application is not approved, within sixty (60) days of the notice of disapproval, the applicant may request an opportunity to be heard by the Town Board on the merits of the application. Such hearing shall take place during a regular or special meeting of the Town Board which shall be held within thirty (30) days after receipt of the applicant’s request.
  5. It shall be the duty of the Building Inspector to maintain a current list of all qualified electrical inspectors for the Town of Goshen, including their addresses, telephone numbers, dates of approval by the Town Board and the dates of issuance of the certification. The Building Inspector will be responsible for providing a current list of all certified inspectors to the Town Clerk of the Town of Goshen on an annual basis or upon certification or decertification of an inspector.

§ 50-4. Duties of electrical inspectors.

  1. Electrical inspectors who are approved by certification may make inspections and reinspections of all electrical installations and configurations pursuant to § 50-2 of this Chapter and may issue temporary and permanent certificates of compliance. A true copy of such certificate(s) shall be filed by the inspector with the Building Inspector within three (3) days after issuance. Any such inspections shall be at the cost, expense and request of the property owner.
  2. It shall be the duty and responsibility of the electrical inspector to report to the Building Inspector and to specify, in writing and in reasonable detail, any violations of the current Uniform Code, Energy Code or the NEC.
  3. Electrical inspectors shall make inspections and reinspections upon the written request of the Building Inspector or, in the event of an emergency, upon the oral request of the Building Inspector or any other Town official.
  • 50-5. No waiver or assumption of liability.

This Chapter shall not be construed to relieve or diminish the responsibility of any person owning, leasing, operating, controlling or installing any electrical installations or configurations pursuant to § 50-2 of this Chapter for loss of life or injury or damage to any person or property caused by any defect or negligence therein, nor shall the Town or any of its agents, servants or employees be deemed to have assumed any such liability for any reason, including any inspection, reinspection or the issuance of any certificates pursuant to this Chapter.

  • 50-6. Nonapplicability.

The provisions of this Chapter shall not apply to the electrical installations in mines, ships, railway cars, cable television or automotive equipment or the installations or equipment employed by a railway, electrical or communications utility or cable television company in the exercise of its function as a utility or cable television company and located outdoors or in buildings used exclusively for that purpose. This Chapter shall not apply to any work involved in the manufacture, assembly, testing or repair of electrical machinery, apparatus, materials and equipment by a person, firm or corporation engaged in electrical manufacturing as its principal business. It shall not apply to any building which owned or leased in its entirety by the United States government or the State of New York.

§ 50-7. Penalties for offenses.

Any person, firm or corporation who violates any of the provisions of this Chapter shall be guilty of the offense of disorderly conduct and, upon conviction thereof, may be fined not less than $250 nor more than $500. Each day of such violation shall constitute a separate offense and shall be subject to separate fines.

 

SECTION 3: SUPERSEDING PROVISION.

            To the extent that any State or local laws fail to provide specific authority for this Local Law or the procedures necessary for its adoption, or otherwise appear to be in conflict with this Local Law or the procedures followed for its adoption, then such laws are hereby superseded by this Local Law pursuant to New York Municipal Home Rule Law and the common law.

SECTION 4: SEVERABILITY

            If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall be confined in its operation to the clause, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered, and the remaining provisions shall remain in full force and effect.

SECTION 5: EFFECTIVE DATE.

            This law shall take effect upon the filing of this Local Law with the New York Secretary of State in the manner provided for in the Municipal Home Rule Law.