Provides for the licensure of electrical inspectors within the county of Westchester

Summary of specific provisions

Section one amends the county law by adding a new section 236-b. Subdivision 1 of section 236-b provides that notwithstanding any inconsistent general, special, or local law to the contrary, the county of Westchester is authorized to establish a Westchester county board of examiners for electrical inspectors and to empower such board to assume all licensing duties within the county of Westchester with respect to the licensure of electrical inspectors. The county of Westchester shall provide for electrical inspectors' duties and responsibilities with respect to applications for a license or renewal in accordance with the local law of such county. A local law enacted pursuant to this section establishing such county licensure shall provide standards for licensure which shall include, at a minimum, a provision that no person shall obtain a license unless such person shall have received certain training which is at least equivalent to the training required for code enforcement personnel under the rules and regulations promulgated by the governor pursuant to article six-C of the executive law.

Subdivision 2 of section 236-b provides that a local law enacted pursu- ant to this section establishing county licensure of electrical inspec- tors shall supersede any provision requiring electrical inspectors to also obtain a local license promulgated by a city, town or village in the county pursuant to any general, special or local law. Nothing in this section is deemed to supersede any of the powers, functions and duties of the fire fighting and code enforcement personnel standards and education commission, as set forth in article six-C of the executive law.

Subdivision 3 of section 236-b provides a definition of the term "elec- trical inspector."

Subdivision 4 of section 238-b provides a definition of the term "agency of the state of New York."

Section two of the legislation provides the effective date, which is immediate.

Justification

Many local governments within Westchester County have approved and designated electrical inspectors to conduct electrical

inspections in accordance with their enforcement obligations under the Uniform Fire Prevention and Building Code Act. As a result of such local regulation, Westchester County lacks uniform countywide licensing, qual- ification and performance standards for electrical inspectors. Effi- cient oversight and monitoring designed to benefit the entire county is lacking.

Accordingly, the licensing of electrical inspectors by Westchester Coun- ty would protect the public health, safety and welfare of the county's residents by assuring that electrical inspections are performed only by qualified individuals. To be qualified and thus obtain a county license, such individuals would have to have received training in the inspection of electrical components, equipment and systems used in buildings and structures which is at least equivalent to the training in the inspection of electrical components, equipment and systems used in buildings and structures required for code enforcement personnel under the rules and regulations promulgated by the governor pursuant to arti- cle six-C of the executive law.

The regulation of electrical inspectors at the county level would provide uniformity of licensing, qualification and performance standards throughout the county and remove the burden on local municipalities of monitoring the industry. Centralized oversight with the potential for disciplinary proceedings that could lead to a license suspension and/or a revocation would assist in ensuring that electrical inspections are performed diligently, honestly and professionally. Currently, incompe- tent electrical inspectors may be prevented from inspecting only one jurisdiction at a time. Under a centralized oversight scheme, incompe- tent electrical inspectors may be prevented from inspecting on a county- wide basis.

Westchester County already has exclusive licensing authority over master electricians pursuant New York State County Law section 236-a. Since electrical inspectors are required to examine the work done by master electricians licensed by the county, it is consistent and sensible to also vest the county with exclusive licensing authority over the elec- trical inspectors themselves.

Legislative history

A10413/S7322 of 2007-2008 (passed both houses).

Fiscal implications

None to the State.

Effective date

Immediately.