File #: Int 0064-2010    Version: Name: In relation to the electrical code.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 3/3/2010
Enactment date: 6/28/2011 Law number: 2011/039
Title: A Local Law to amend the administrative code of the city of New York, in relation to the electrical code, the repeal of section 27-3025 of the administrative code of the city of New York and the enactment of a new section 27-3025.
Sponsors: Erik Martin Dilan, Sara M. Gonzalez, James F. Gennaro, Mark S. Weprin, Robert Jackson, Peter A. Koo, Eric A. Ulrich, (by request of the Mayor)
Council Member Sponsors: 8
Attachments: 1. Int. No. 64 - 3/3/10, 2. Memo In Support, 3. Committee Report 9/21/10, 4. Hearing Testimony 9/21/10, 5. Hearing Transcript 9/21/10, 6. Committee Report 6/14/11, 7. Hearing Transcript 6/14/11, 8. Committee Report - Stated Meeting 6/14/11, 9. Hearing Transcript - Stated Meeting 6-14-11, 10. Fiscal Impact Statement, 11. Mayor's Letter, 12. Local Law 39
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/28/2011AErik Martin Dilan City Council Recved from Mayor by Council  Action details Meeting details Not available
6/28/2011AErik Martin Dilan Mayor Signed Into Law by Mayor  Action details Meeting details Not available
6/28/2011AErik Martin Dilan Mayor Hearing Held by Mayor  Action details Meeting details Not available
6/14/2011AErik Martin Dilan City Council Sent to Mayor by Council  Action details Meeting details Not available
6/14/2011AErik Martin Dilan City Council Approved by CouncilPass Action details Meeting details Not available
6/14/2011*Erik Martin Dilan Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
6/14/2011*Erik Martin Dilan Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
6/14/2011*Erik Martin Dilan Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
6/14/2011AErik Martin Dilan Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
9/21/2010*Erik Martin Dilan Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
9/21/2010*Erik Martin Dilan Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
3/3/2010*Erik Martin Dilan City Council Referred to Comm by Council  Action details Meeting details Not available
3/3/2010*Erik Martin Dilan City Council Introduced by Council  Action details Meeting details Not available
Int. No. 64-A
 
By Council Members Dilan, Gonzalez, Gennaro, Weprin, Jackson, Koo and Ulrich (by request of the Mayor)
 
 
A Local Law to amend the administrative code of the city of New York, in relation to the electrical code, the repeal of section 27-3025 of the administrative code of the city of New York and the enactment of a new section 27-3025.
 
 
Be it enacted by the Council as follows:
 
Section 1.  Section 27-3004 of the administrative code of the city of New York is amended by adding new definitions in alphabetical order to read as follows:
CITY AGENCY: A city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid, in whole or in part, from the city treasury.
DIRECT EMPLOY: Direct employment shall be evidenced by payroll records, such as social security payments, income tax withholding or the disbursement of other funds as required by law for the benefit of such employee, timekeeping records, such as time cards and sign-in sheets, work orders, and assignment or route logs.
DIRECT SUPERVISION: Control exercised by a licensed individual, either personally or through one or more demonstrated levels of competent supervision over individuals (i) in the direct employ of a master electrician's business or (ii) in the direct employ of an individual, partnership, corporation or city agency employing a special electrician. Direct supervision includes field inspection, supervision of job sites, and the maintenance of records of such supervision and such other records required by the commissioner.
§2.  Paragraph two of subdivision a of section 27-3008 of the administrative code of the city of New York, as amended by local law number 64 for the year 2001, is amended to read as follows:
2. Installations, including associated lighting, under the exclusive control and use of electric utilities for the purpose of communications, metering, generation, control transformation, transmission or distribution of electric energy.  Such installations shall be located in buildings used exclusively by utilities for such purpose, in buildings in enclosures containing only metering equipment, outdoors on property owned or leased by the utility, on public highways, streets or roads or outdoors on private property by established rights such as easements, or
§3.  Section 27-3010 of the administrative code of the city of New York, subdivisions a and c as amended by local law number 81 for the year 2003, subdivision b as added by local law number 64 of 2001, and subdivision d as amended by local law number 49 for the year 2006, is amended to read as follows:
§27-3010 [Qualifications]Qualification and Examination of applicants for master electrician's and special electrician's licenses.  a. Qualification of Applicant.  An applicant for a license as a master electrician or special electrician must be over the age of twenty-one years, of good moral character and, at the time of applying for examination, shall have had, during the ten (10) years immediately preceding his or her application, at least seven and one-half (7½) years or the equivalent as indicated below and during such time a minimum of ten thousand five hundred (10,500) hours or the equivalent as indicated below of satisfactory experience in the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities.  Except as otherwise provided below, such satisfactory experience must have been obtained while under the direct supervision of a licensed master electrician or special electrician or, with respect to experience outside the city, under the direct supervision of an individual with comparable qualifications as determined by the commissioner, and while in the employ of (i) a master electrician business as defined herein, or (ii) an individual, a partnership or a corporation owning, leasing or managing a building, buildings or parts thereof and employing a special electrician to perform electrical work in or on specific buildings, lots or parts thereof owned, leased or managed by such individual, corporation or partnership, or (iii) an individual, a partnership or a corporation deemed acceptable by the commissioner.  No more than twenty-five percent (25%) of such satisfactory experience shall have been gained while working outside the United States unless the commissioner determines that the licensing system and electrical code of the foreign jurisdiction is essentially similar to licensing systems and electrical codes in the United States. The following shall be deemed to fulfill the satisfactory experience requirement:
1.  A journeyman electrician who has worked at least seven and one-half (7½) years and during such time a minimum of ten thousand five hundred (10,500) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for light, heat and power in or on buildings or comparable facilities, or
2.  A graduate of a college or university who holds a degree in electrical engineering, either a master of science (M.S.) or bachelor of science (B.S.) and has in addition worked at least (i) with respect to an applicant with an M.S. degree, two and one-half (2½) years and during such time a minimum of thirty-five hundred (3500) hours of such experience or, (ii) with respect to an applicant with a B.S. degree, three and one-half ( 3½) years and during such time a minimum of forty-nine hundred (4900) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities, or
3.  A graduate of a vocational, industrial, trade school, or apprenticeship program[,] registered with the New York state department of labor, specializing in electrical wiring, installation and design or applied electricity, who has worked at least five and one-half (5½) years and during such time a minimum of seventy-seven hundred (7700) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities, or
4.  Any person who attended courses in a college or university leading to a degree in electrical engineering, mechanical engineering, bachelor of science in electrical engineering or mechanical engineering, who passed all subjects in the required courses shall be credited with satisfactory experience equal to fifty per cent (50%) of the number of curricula years he or she has satisfactorily completed which, in no event, however, shall exceed two and one-half (2½) years credit of satisfactory experience, the balance of the required seven and one-half (7½) years, i.e., five (5) years and during such time a minimum of seven thousand (7000) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and apparatus for light, heat and power in or on buildings or comparable facilities, or
5.  Any person who attended courses in a vocational, industrial or trade school, registered with the New York state department of labor, specializing in electrical wiring, installation and design or applied electricity who has passed all subjects in the required courses shall be credited with fifty per cent (50%) of the number of curricula years that he or she has satisfactorily completed which, however, in no event, shall exceed two (2) years credit of such experience, the balance of the required seven and one-half (7½) years, i.e., five and one-half (5½) years of such experience and during such time a minimum of [seven thousand]seventy-seven hundred ([7000]7700) hours must have been obtained by working with his or her tools on the installation and repair of wiring for electric light, heat and power in or on buildings or comparable facilities, or
6.  An employee of a government agency, private inspection agency or other entity, acceptable to the commissioner, whose duties primarily involve the inspection of electrical work for compliance with the electrical code and the electrical code technical standards and/or other laws relating to the installation, alteration or repair of electrical wiring or appliances shall be credited with fifty percent (50%) of the number of years that he or she has been satisfactorily employed in such duties within the ten (10) year period prior to application, which, however, in no event, shall exceed two and one-half (2 ½) years credit of satisfactory experience.  The balance of the required seven and one-half (7 ½) years, i.e., five (5) years and during such time a minimum of seven thousand (7000) hours of such experience must have been obtained by working with his or her tools on the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings or comparable facilities except that the requirement of subdivision a of this section that an applicant's working experience must have been within the ten (10) year period prior to application shall not apply to such balance of five (5) years working experience required pursuant to this paragraph.
b. Examination of Applicant.  
1.  Every application for a master electrician's or special electrician's license shall be made in writing in such form and shall furnish such information as the commissioner may, from time to time, prescribe, and set forth in the rules of the department.  It is a condition of the license that information in the application be kept correct and current. Any change in required information that occurs prior to the issuance of the license shall be reported to the department within fourteen days of the change.
[c]2.  Every applicant shall be required to take an examination in accordance with the rules of the department.  However, where the application is on behalf of a city agency, the commissioner may waive the examination requirement if the applicant has sufficient experience qualifications of a type and duration comparable to those set forth in subdivision a of this section as determined by the commissioner.
[d]3.  Every applicant shall submit to such investigation by the license board as may be proper to determine the applicant's character and fitness. Every applicant shall commence the application process with the department within one year of passing the examination for licensure and shall furnish to the department a completed application within one year of submission of the first filing.  Failure to provide all requested documents in a timely manner will constitute an incomplete application and may result in denial of the license.
4.  Every applicant shall be required to submit such documentation as is required to establish a place of business within ninety days after the license board's recommendation that the applicant has the required character and fitness for licensure. Where all requested documents are not provided in a timely manner an application will be deemed incomplete and may result in the denial of the license.
§4.  The title of section 27-3013 and subdivision a of section 27-3013 of the administrative code of the city of New York, subdivision a as amended by local law number 49 for the year 2006, are amended to read as follows:
§27-3013 Business establishments[,] and master electricians[ and special electricians].  a.  [Master electrician]Place of Business, generally.
1.  Every master electrician business shall at all times have a place of business at a specified address in the city at which the licensee may be contacted by the public and the department by mail, telephone or other modes of communication, located in a business zone in conformity with the zoning regulations and kept open during the usual business hours unless other means acceptable to the commissioner is provided.  
2.  At such place of business, there shall at all times be prominently displayed a permanent sign of a minimum size of one hundred fifty square inches, stating the name of such license holder, the license number of such licensee, and the words "licensed electrician" or "licensed electrical contractor" on a plate glass window and the name of the master electrician business if different than the name of the license holder; or an outside sign of permanent construction fastened and readily visible to pedestrians; or if such place of business be an office, commercial or industrial building, the names shall be indicated on the entrance door of the particular portion of the premises or on a bulletin board on the main floor.
3.  All business vehicles, advertising, websites and stationery used in connection with electrical work required to be performed under a license issued to a master electrician shall display prominently the words "N.Y.C. Licensed Electrician", the license number of the responsible representative of such business and of all other master electricians associated with such business, the authorization number of the master electrician business and the business address.  If the business is conducted under a trade name, or is a partnership or corporation, the trade name, partnership, or corporate name shall contain the root word "electric" and be displayed prominently.  
[1]4.  The applicant for approval of a master electrician business under a license issued to a master electrician shall have filed with the commissioner, in such form as the commissioner may direct, proof that such applicant carries all insurance required by law including, but not limited to, workers' compensation, disability and one million dollars of general liability insurance listing the department as certificate holder, and that the applicant business is financially responsible. Each policy of insurance shall contain a provision of continuing liability notwithstanding any recovery under such policy.
5.  The applicant shall indicate the name and license number of the master electrician who shall serve as the responsible representative of such business, and, if the business is a partnership or corporation, the names of all other master electricians associated with such business.  Upon approval of such application the commissioner shall issue an authorization number to the business. The authorization number shall be included on all applications for permits and any other documents required to be filed with the department.
[2]6.  The office or other place where the master electrician business is to be conducted may be shared by one or more master electrician businesses. However, each business whether in the form of a sole proprietorship, partnership or corporation, shall distinguish its identity from any other business sharing the same office space.  Such distinctions shall be maintained in a manner satisfactory to the department.
b. Business Conduct
[3]1.  A master electrician business shall be principally engaged in the business of performing electrical work in or on buildings, premises or lots in the city.
[4]2.  In the case of a partnership or corporation, a master electrician's license may be separately held by more than one partner or officer as a representative of such partnership or corporation; however, only one master electrician shall be the responsible representative of such corporation or partnership.  Under no circumstances shall any one licensee represent more than one business at any one time.
[5]3.  A master electrician representing a master electrician business shall, during the hours the business is engaged in the performance of electrical work, devote his or her full time to the operation of such business.
[6]4.  [The holder of a master electrician's license shall be issued a seal, of a design or form authorized by the commissioner, bearing the holder's full name, license number, and the legend "licensed master electrician."] (i) Applications for permits and any other document that the commissioner may require to be filed with the department, shall bear the stamp of the master electrician's seal as well as the signature of the responsible representative of the master electrician business or, if the business is a partnership or corporation, such document may bear the stamp of the seal and the signature of a master electrician who files on behalf of such business acting pursuant to a written delegation, filed with the department, from the responsible representative of such business. For applications and other documents submitted electronically, the digital signature and imprint of the seal may be submitted in a manner authorized by the commissioner.  
(ii)  The responsible representative of a business may not delegate such authority to a master electrician who is not an officer of such corporation or a partner of such partnership.  Such person shall personally sign applications for permits. The responsible representative of a business shall have the authority to make final determinations and shall have full responsibility for the manner in which the work is done, except that where work is done under a permit issued pursuant to an application bearing the signature and seal of a master electrician acting pursuant to a written delegation from the responsible representative of such business, both the responsible representative of such business and the master electrician who signed and affixed his or her seal to the application for such permit shall be jointly and severally responsible for the manner in which the work is done.
[7.]c. Changes to Business.  
1.  The holder of a master electrician's license shall report in writing to the license board any change in the place of business within thirty (30) days of the change.  If such change occurs prior to issuance of the license, an applicant shall report the change to the license board within fourteen (14) days of the change.
[8]2.  The approval of a master electrician business is valid only as long as the responsible representative identified on the application for approval of the master electrician business actively participates in the actual operation of the business.  In the event a responsible representative leaves a master electrician business, both the representative and the business must notify the license board within thirty (30) days of the change.
(i) A corporation or partnership must notify the license board of the death of a responsible representative within thirty (30) days after such death.  Failure to do so shall be deemed sufficient cause for suspending or revoking the approval to do business of the master electrician business or the license of the master electrician. The decedent licensee's legal representative may, with the commissioner's consent, retain the licensee's license and seal for the purpose of completing all unfinished work of such licensee for which plans have been approved and permits issued, provided that such work is performed by or under the direct supervision of a licensed electrician.
(ii) Except as otherwise provided by rule, a master electrician business whether in the form of a corporation, a partnership or a sole proprietorship, may continue to engage in the business of performing electrical work only so long as the responsible representative of such business identified on the application for approval of the master electrician business remains an officer of such corporation, a partner of such partnership or the proprietor of such sole proprietorship unless the department approves a change in the responsible representative as provided in this section.  The commissioner may promulgate rules providing for the continuation of a master electrician business pending the approval of a new responsible representative.  
(iii) Except as otherwise provided in such rules, the revocation, suspension, [voluntary surrender]license deactivation or non-renewal of the master electrician's license of the responsible representative of a master electrician business automatically revokes its approval to do business and cancels any delegation of authority given by such responsible representative to another master electrician associated with such business pending the approval by the department of a new responsible representative.
[9]3.  Except as otherwise provided by rule, a master electrician business shall not change its name, form or designate a new responsible representative without the prior approval of the license board.  Approval of an application for a change is conditional upon the following:  [Filing] filing the necessary forms, payment of the prescribed fee and full payment of all fees incurred with respect to such business prior to the date of the change.  Except as otherwise provided by rule, a [master electrician may] requested change shall not be approved [as the responsible representative of a master electrician business] if there are any outstanding fees related to the licensee's or master electrician business's professional dealings due and owing to the department or outstanding violation notices attributable to [him or her as responsible representative of another] the licensee or the master electrician business.
[10]4.  A master electrician's license and a special electrician's license and seal shall not be held by any person at the same time.
[11]5.  The holder of a master electrician's license, upon entering employment as a special electrician, shall [surrender]deactivate his or her master electrician's license and seal and change over to a special electrician's license and seal to cover the building, buildings, or parts thereof, for which he or she will be employed.
[12. All business vehicles, advertising, websites and stationery used in connection with electrical work required to be performed under a license issued to a master electrician shall display prominently in a manner provided by rule the words "N.Y.C. Licensed Electrician", the license number of the responsible representative of such business and of all other master electricians associated with such business, the authorization number of the master electrician business and the business address.  If the business is conducted under a trade name, or is a partnership or corporation, the trade name, partnership, or corporate name shall be displayed prominently in a manner provided by rule.]
[13]6.  Nothing in this chapter shall be construed to prevent two or more master electrician businesses from entering into a joint venture of limited duration for a particular project in accordance with the rules of the department.  An application for a permit involving a joint venture shall so indicate on the application and shall identify all of the master electrician businesses that are parties to such joint venture by name and authorization number and the names and license numbers of the responsible representatives of such businesses.  The application shall be signed by the responsible representative of one of the parties to the joint venture on behalf of all such parties and all of such parties shall be jointly and severally liable for any fees due with respect to electrical work performed by such joint venture and for violations of this chapter and the rules of the department arising out of such work.
§5.  Subdivision b of section 27-3013 of the administrative code of the city of New York, as amended by local law number 49 for the year 2006, is renumbered as [Section] section 27-3013.1 and amended to read as follows:
[b. Special electrician's license.]§27-3013.1 Business establishments and special electricians.  a. Place of Business, generally.  
1.  A special electrician shall at all times have a place of business at a specified address in the city at which the licensee may be contacted by the department by mail, telephone or other modes of communication.  His or her license shall plainly indicate the address or addresses of the building, buildings or parts thereof for which such license is issued.
2.  The commissioner may issue more than one special license for a building or buildings if, in the commissioner's judgment, he or she deems it necessary for the proper operation and maintenance of the electric wiring and equipment of the building or buildings involved.
b. Insurance. An applicant for approval as a special electrician shall have filed with the commissioner, in such form as the commissioner may direct, proof that such applicant's employer carries all insurance required by law including, but not limited to, workers' compensation, disability and one million dollars of general liability insurance listing the department as certificate holder. Each policy of insurance shall contain a provision of continuing liability notwithstanding any recovery under such policy.
c. Conduct.  1. A special electrician shall be principally engaged in the business of performing electrical work in or on buildings, premises or lots so authorized under the license.
[3]2.  The holder of a special electrician's license shall report in writing any change in employment to the license board within thirty days of the change. If such change occurs prior to issuance of the license, an applicant shall report the change to the license board within fourteen days of the change.
[4]3.  [The holder of a special electrician's license shall be issued a seal, of a design and form authorized by the commissioner, bearing the holder's full name, license number, and the legend "licensed special electrician."] Applications for permits and any other document that the commissioner may require to be filed with the department, shall bear the stamp of the special electrician's seal as well as the signature of a person holding such license.  Such person shall personally sign applications for permits and shall have the authority to make final determinations and full responsibility for the manner in which the work is done.  For applications and other documents submitted electronically, the digital signature and imprint of the seal may be submitted in a manner authorized by the commissioner.
§6.  Section 27-3014 of the administrative code of the city of New York, as amended by local law number 49 for the year 2006, is amended to read as follows:
§27-3014 Master electrician's and special electrician's licenses and fees.  a.   Before any master electrician's or special electrician's license will be issued or renewed, the applicant shall pay a license or renewal fee as prescribed by the department's rules.  The commissioner may exempt any agency, as defined in chapter fifty-two of the charter, from paying the aforementioned fees for licensed special electricians who are employees of such agencies.
b.  Seal. The holder of a master electrician's license shall be issued a seal, of a design or form authorized by the commissioner, bearing the holder's full name, license number, and the legend "licensed master electrician."  The holder of a special electrician's license shall be issued a seal, of a design and form authorized by the commissioner, bearing the holder's full name, license number, and the legend "licensed special electrician."  
[b]c.  No license shall be transferable. The seal is the property of the department and is not transferable by the licensee.
d.  The loss or theft of a license or seal must be reported to the department within five calendar days. Before any license or seal will be reissued, the applicant shall pay a reissuance fee as prescribed by the department's rules.  
[c]e.  An application for a change of license from master electrician to special electrician shall involve the issuance of a new license and seal with or without examinations as the commissioner may direct.
[d]f.  An application for a change of license from special to master electrician shall be granted only upon compliance by the special electrician with all applicable provisions of this chapter and the rules of the department.
[e]g.  Each license and seal shall be issued for one year and the full fee shall be payable irrespective of the date of issue.
[f]h.  Not more than one license and/or seal shall be issued to an individual and no individual shall make or cause to be made a duplicate of such license or seal.  
§7. Subdivision a of section 27-3015 of the administrative code of the city of New York, as amended by local law number 49 for the year 2006, is amended to read as follows:
a.  Any license and seal issued hereunder shall expire one year from the year of issuance on the licensee's date of birth for that year irrespective of the date of issue.  Such license may be renewed every year thereafter without examination, provided application for such renewal, accompanied by the renewal fees prescribed above and such information as may be required by the commissioner to ensure compliance with section 27-3016 of this chapter and evidence of insurance coverage in compliance with section 27-3013 of this chapter, shall have been filed prior to the expiration of the existing license.
1.  Where an applicant can show good and sufficient cause for his or her inability to renew his or her license and seal before its expiration, the commissioner may, upon submission of a complete application for late renewal within ninety (90) days after the expiration of such license, permit the issuance, without examination, of a new license and seal upon payment of the prescribed fees for such new license and seal within said ninety days.  The commissioner may promulgate rules authorizing the renewal of a license up to six months after the expiration of such license for extenuating circumstances.  
2.  No license shall be renewed and no new license and seal shall be issued unless all outstanding fees required by section 27-3018 of this code have been paid.
3.  Renewal shall also be subject to the licensee's good moral character.  As provided in department rule, the licensee's failure to clear open violations in a timely manner may result in the refusal to renew a license until the violations are resolved.  
4.  The commissioner may promulgate rules requiring applicants for the renewal of master or special electrician's licenses to submit proof, in such form as he or she shall determine, that, in each year of the license term, such applicant completed at least [ten] eight hours of continuing education courses approved by the department.  Such proof shall be submitted [not less than two months prior to the expiration of the license term] with the license renewal application.
§8. Section 27-3016 of the administrative code of the city of New York, as amended by local law number 49 for the year 2006, is amended to read as follows:
§27-3016  Suspension, revocation or [voluntary surrender]deactivation of master electrician's and special electrician's licenses and suspension or revocation of approval of master electrician business.  a. 1. After notice and the opportunity for a hearing in accordance with the rules of the department, master electrician's or special electrician's licenses and/or approvals of master electrician businesses may be suspended or revoked by the commissioner and/or the commissioner may impose penalties, which shall not exceed five thousand dollars for each violation, for violation of this chapter or of any of the rules of the department [and, among other things] and/or the commissioner may order the licensee to cause the repair of electrical damage, and any damage incidental thereto, resulting from any act or omission giving rise to a violation as set forth in this chapter or in rules, for any of the following[causes]:
(i) Failure to file an application for a permit or inspection.
(ii) Failure, upon receipt of a notice of violation, to take the action called for in such notice.
(iii) Performance of electrical work in a manner contrary to the requirements of the electrical code, [or]the electrical code technical standards or other applicable laws and rules enforced by the department.
(iv) Negligence, incompetence, lack of knowledge, or disregard of the code and related laws and rules.
(v) Engaging or assisting in any act that endangers the public safety and welfare.
[(iv)](vi) Contract work by holders of special electrician's licenses.
[(v)](vii) Fraudulent dealing or misrepresentation.
[(vi) Subject to applicable provisions of the correction law, conviction of a crime by a court of competent jurisdiction.]
(viii) Conviction of a criminal offense where the underlying act arises out of the individual's professional dealings with the city or any other governmental entity.
[(vii)](ix) False statement in an application for a license or the renewal of a license or in an application for approval of a master electrician business or other application or certification required by this code or the rules of the commissioner, or in any proof or instrument in writing in connection therewith.
(x) The making of a material false or misleading statement on any form or report filed with the department or other governmental entity.
(xi) The failure to file a statement, report or form required by law to be filed.
(xii) Willfully impeding or obstructing the filing of a statement, report or form of another required by law to be filed.
(xiii) Poor moral character that adversely reflects on the licensee's fitness to conduct work regulated by this code.
[(viii)](xiv) Failure to pay outstanding fees owed pursuant to section 27-3018 of this chapter.
(xv) Failure to comply with this code or any order, rule, or requirement lawfully made by the commissioner including failure to cooperate with investigations related to the electrical field conducted by the commissioner or other government entity.
      (xvi) Failure to provide documents, including payroll records, workers' compensation or other insurance documents, employee timekeeping records and corporate tax returns, required or requested by the commissioner.
2.  Notwithstanding any inconsistent provision of paragraph one of this subdivision if, after due inspection, the commissioner determines that a licensee and/or a master electrician business has performed electrical work which is not in compliance with the electrical code,  [or] the electrical code technical standards, or any other laws or rules enforced by the department, and which has resulted in a condition severely hazardous to life or property, the commissioner may suspend his or her license and/or the authorization of a master electrician business represented by such licensee without a prior hearing.  Notice of such suspension shall be served on the licensee and/or the master electrician business.  The commissioner shall provide the licensee and/or the master electrician business with the opportunity for a hearing within five (5) calendar days after such suspension.
b.  In the event the holder of a master electrician's license is no longer engaged in
a master electrician business or a special electrician is engaged during normal working
hours in a business activity that does not involve the installation, alteration, or repair of electrical wiring for light, heat or power, then he or she shall so notify the department and submit his or her license and seal for [voluntary surrender with the provision]deactivation provided that (i) such license and seal will be [restored]reinstated without [fee or] examination if such application is made prior to the date on which it would have otherwise expired, or (ii) if application is made after such date a new license and seal will be issued, without written re-examination, after the submission of satisfactory evidence [that the applicant has been engaged in the electrical field] of continued competence in the electrical field and satisfaction of any applicable continuing education requirements during the period of [surrender]deactivation; provided that at the time of the submission of the license for [voluntary surrender]deactivation:
1.  All outstanding fees required by section 27-3018 of this chapter are paid, and
2.  There are no outstanding violation notices for electrical work performed under such license, and
3.  Open applications filed under such license have been scheduled for inspection in accordance with department procedures, re-filed by another licensee or have been withdrawn.
      c.  During the period of deactivation, the licensee must continue to pay the license renewal fee required by this chapter for each year of the deactivation period.
[c]d.  During any period of [voluntary surrender]deactivation, or upon the suspension or revocation, of a master electrician's or special electrician's license, the holder shall surrender his or her seal to the department. Upon the death of a holder, his or her seal shall be immediately surrendered to the department.
e.  The fees required for the reinstatement of a license after deactivation or suspension shall be the same as those required to obtain the license.  
f.  If reinstatement of the license is not requested within thirty days of the expiration of a suspension, late fees shall be imposed as prescribed by the department's rules.
§9. Section 27-3018 of the administrative code of the city of New York, as amended by local law number 49 for the year 2006, is amended to read as follows:  
§27-3018 Inspection; application for permit and application fees.  a.  The commissioner or any officer or employee of the department authorized thereto by the commissioner, or any other person designated by the commissioner pursuant to section 27-3005 of this code, may enter or go upon any premises in or upon which there are any wiring or appliances for electric light, heat or power to make an inspection of the same.  Any person who willfully refuses to permit such entry or inspection, shall be guilty of a violation of this subdivision, and upon conviction thereof, shall be punished by a fine of not more than [fifty]one hundred dollars, imprisonment for a period not exceeding thirty days, or both.  
b. Before commencing any electrical work, other than low voltage electrical work, a master electrician business or special electrician shall file with the commissioner an application for a work permit to be issued by the department.  All applications for permits shall be submitted on forms furnished by the department.  Applications shall include all information required by this code, other applicable law, including but not limited to the applicable energy conservation code, or the rules of the department.  No such work shall be performed until the commissioner has reviewed and approved such application and issued an appropriate permit for such work.  The permit shall be conspicuously posted at the work site at all times while the work is in progress. Each permit shall be issued with an expiration date of three years.
1. Permits shall be deemed to incorporate the provisions that the applicant, the owner, and their employees, shall carry out the permitted work in accordance with the provisions of this code and other applicable laws or rules, whether specified or not, except as variations have been legally permitted or authorized.
2. All work shall conform to the approved submittal documents and any approved amendments thereto. Changes and revisions during the course of work shall conform to the requirements of this code.
3. The permit shall expire by operation of law if the insurance required pursuant to section 27-3013 of this chapter, and upon which the permit was conditioned, lapses, expires or is cancelled, unless the permit holder files proof of valid insurance before such event.
c. Fees. The fee for a permit for minor electrical work as described in subdivision h of this section shall be fifteen dollars, payable upon filing of the application.
[d.]  1. [The]An initial application fee for electrical work requiring a permit shall be payable as follows: forty dollars upon filing of the application for such work [and the balance of the total fee upon an electrical sign-off from the department].
2.  The balance of the application fee shall be payable at electrical sign-off from the department or as otherwise provided by the department's rules.
[2]3.  The fee for electrical work requiring a work permit by the department shall be computed as follows but shall not exceed five thousand dollars:
(i)  Each outlet, each fixture, each horsepower or fraction thereof of a motor or generator, each kilowatt or fraction thereof of a heater, each horsepower or fraction thereof of an air conditioner, each kilovolt-ampere or fraction thereof of a transformer installed, altered or repaired shall be assigned the value of one unit.  In computing the aforementioned fee, the sum of the units will determine the charges as set forth herein below:
Sum of units      Fee
1 - 10      $0.00
Over 10      $0.25 per unit
(ii)  For each service switch installed, altered or repaired:
0-100 Amperes      $ 8.00
101-200 Amperes      $30.00
201-600 Amperes      $105.00
601-1200 Amperes      $225.00
Over 1200 Amperes      $375.00
(iii)  For each set of service entrance cables and for each set of feeder conductors installed, altered or repaired:
Up to #2 Conductors.      $15.00
Over #2 to #1/0 Conductors      $30.00
Over #1/0 to 250 MCM      $45.00
Over 250 MCM      $75.00
(iv)  For each panel installed, altered or repaired:
1  Phase up to 20-1 or 10-2 pole cutouts or breakers      $15.00
1  Phase over 20-1 or 10-2 pole cutouts or breakers      $37.50
3  Phase up to 225 amperes      $50.00
3  Phase over  225  amperes      $75.00
(v) (a) For each sign manufactured (in-shop inspections):      $40.00
(b) For each sign manufactured (on-site inspections):
0 to 30 square feet      $65.00
31 to 60 square feet      $90.00
Over 60 square feet      $115.00
(vi)  For each elevator:
10 floors or less      $125.00
Each additional ten or fewer floors      $ 83.00
(vii) For wiring or rewiring boiler controls in buildings:      $12.00
[3.] d. If, after inspection, such wiring or appliances shall be found to have been installed, altered or repaired in conformity with the requirements of this chapter, the electrical code, the electrical code technical standards and the rules of the department, and the required fees paid, the commissioner shall issue to the applicant a sign-off of the approved work completed. The provisions of this subdivision shall not apply to work performed pursuant to a permit for minor electrical work as defined in subdivision h of this section.
e. Whenever a master electrician business or special electrician files an application for a permit covering electrical work installed by an unlicensed or unauthorized person, it shall be his or her duty to specify such fact upon the application.
f. The commissioner shall be entitled to charge the following special fees:
1.  For an application with respect to electrical work made after a violation was issued for failure to file an application for a permit for such work - up to ten times the total fee that would otherwise be payable as set forth in subdivisions c and d of this section.
2. Duplicate copy of notice of violation - $5.00.
g.  No application or fees shall be required for electrical work relating to the construction and maintenance of city street lights and city traffic lights owned, operated or controlled by the city government or any agency thereof.
h.  1. For purposes of this section a permit for minor electrical work may be issued for any of the following:
(i) replacement of defective circuit breakers or switches rated thirty amperes or less, excluding main service disconnects;
(ii)  replacement of parts in electrical panels where voltage does not exceed one hundred fifty volts to ground;
(iii)  replacement of minor elevator parts as defined by rule;
(iv)  replacement of defective controls rated at thirty amperes or less;
(v)  repair of defective fixtures;
(vi)  replacement of fixtures in existing outlets, provided the number of such fixtures does not exceed five and does not increase existing wattage;
(vii) replacement, repair, disconnection or reconnection of motors not to exceed one horsepower, and associated devices;
(viii)  repairs to low pressure heating plants with a capacity of less than fifteen pounds per square inch, except as may otherwise be required by rule of the commissioner.
[(i)](ix) installation of any ten or fewer units not requiring the installation of an additional branch circuit;
[(j)](x) installation of motors of fractional horsepower;
[(k)](xi) installation of transformers rated at one thousand volt amperes or less.
2. Notwithstanding any other provision of this chapter, an electrical sign-off by the department shall not be required for electrical work performed pursuant to a permit for minor electrical work.
3.  Notwithstanding any other provision of this chapter, the commissioner may promulgate a rule providing that minor electrical work may be performed without a permit or the payment of a fee under the conditions to be prescribed in such rule.
i.  The department shall not issue a permit or, if applicable, an electrical sign-off pursuant to an application that involves the energizing of a meter in a one-, two-, three-, or four-family residence, if the department finds that such action will cause the total number of meters for the building to exceed the number of dwelling units specified for such building in the certificate of occupancy, or if there is no certificate of occupancy, as determined by the department, except as permitted herein. A building specified as a one-family residence in the certificate of occupancy or, if there is no certificate of occupancy, as determined by the department, may have only one electric meter.  A building in which two or more dwelling units have been constructed in accordance with the certificate of occupancy, or if there is no certificate of occupancy, as determined by the department, may have one meter for each dwelling unit and one additional meter for the common areas of the building, provided that smoke detecting devices are installed in all common areas in accordance with departmental requirements.  Such common areas may include boiler rooms, shared hallway lighting, shared stairway lighting, and outdoor perimeter lighting but shall not include any habitable space.  In the event that a meter has been found to have been installed or to exist in violation of this section, the department may take action leading to the disconnecting of such meter in accordance with the notice requirements set forth in section 27-3020 of this [code] chapter.
j.  Any application for a permit filed with the department in relation to a request for the authorization to power or energize/electrical wiring or appliances or power generation equipment, or in relation to work that will result in the issuance of a new or amended certificate of occupancy must include a statement, signed and sealed by the electrician, that the building owner or his or her authorized representative has authorized in writing the work to be performed. This signed authorization must be available upon request by the department. In addition, any electrical application filed with the department involving the energizing of a meter, must include as well, a statement, signed and sealed by the electrician, that the building owner or his or her authorized representative has indicating in writing the intended use or purpose of such meter and has affirmed that such meter will be maintained in compliance with the provisions of this section.  This statement must be available upon request by the department. [Any individual who knowingly misrepresents the use of a meter or allows a meter to be used in violation of the provisions of this section shall be guilty of a misdemeanor punishable by a fine of not less than one thousand dollars nor more than five thousand dollars, or imprisonment of not more than six months or both such fine and imprisonment.  Such person shall also be liable for a civil penalty of not more than five thousand dollars which may be recovered by the corporation counsel in an action or proceeding in any court of competent jurisdiction.]
k.  Any authorization to power or energize electrical wiring or appliances issued by the department shall expire ninety days after the date of issuance unless a sign-off  has been issued by the department or an extension of such authorization has been granted by the department.  In the event no such sign-off has been issued or extension authorization granted, the department may take action leading to the disconnecting of such meter(s) in accordance with the notice requirements set forth in section 27-3020 of this [code]chapter.
l. Any permit application filed with the department that requires the selective coordination of overcurrent protective devices must include documentation from a professional engineer demonstrating how selective coordination was achieved, including but not limited to short circuit overlay curves and calculations.  Such documentation shall be submitted to the department prior to sign off.
m. For permit applications requiring compliance with the applicable energy conservation code, documentation demonstrating compliance must be available upon request by the department.
[l]n.  The provisions of this section shall not apply to low voltage electrical work.
[1]o. An application for a work permit may be amended by filing with the department a post-approval amendment in a form prescribed by rule of the department.
§10. Section 27-3019 of the administrative code of the city of New York, as amended by local law number 49 for the year 2006, is amended to read as follows:  
§27-3019 Modification, suspension or revocation, electrical sign-off, permit or other authorization. a.  The commissioner may at any time by an order in writing for good cause shown, modify, suspend or revoke any sign-off, permit or other authorization issued pursuant to this chapter[, but no such order shall be effective unless the same shall state specifically the reason therefor.] for failure to comply with the provisions of this code or other applicable laws or rules; or whenever there has been any false statement or any misrepresentation as to a material fact in the application or submittal documents upon the basis of which such approval was issued; or whenever a permit has been issued in error and conditions are such that the permit should not have been issued. Such notice shall inform the permit holder of the reasons for the proposed action and that the permit holder has the right to present to the commissioner or his or her representative within ten business days of delivery of the notice by hand or fifteen calendar days of the posting of notice by mail, information as to why the permit should not be modified, suspended or revoked. A copy of any such order shall be served in the manner provided in this subchapter[, within five days after its date, upon any person, partnership or corporation affected thereby, who has not applied to the commissioner for such modification, suspension or revocation].  No person other than the commissioner or an officer or employee of the department, duly authorized thereto by the commissioner, shall alter or amend any sign-off, permit or other authorization issued pursuant to this chapter or the rules of the department.
b. Immediate suspension in cases of imminent peril. The commissioner may immediately suspend any permit without prior notice to the permit holder when the commissioner has determined that an imminent peril to life or property exists. The commissioner shall immediately notify the permit holder that the permit has been suspended and the reasons therefore, that it is proposed to be revoked, and that the permit holder has the right to present to the commissioner or his or her representative within ten business days of delivery of the notice by hand or fifteen calendar days of the posting of notice by mail information as to why the permit should not be revoked.
§11. Section 27-3021.2 of the administrative code of the city of New York, as amended by local law number 64 for the year 2001, is amended to read as follows:
      §27-3021.2. Violations. Except as otherwise provided in this chapter, any person or business who shall violate any of the provisions of this chapter or who shall fail to comply with any requirement thereof or with the electrical code technical standards or who shall violate or fail to comply with any order or rule of the commissioner made thereunder shall, for each and every violation or noncompliance be [liable for] subject to penalties [a civil penalty of not more than five thousand dollars which may be recovered by the corporation counsel in an action or proceeding in any court of competent jurisdiction or shall be punished upon conviction in a criminal court by a fine not exceeding one thousand dollars or by imprisonment for a period not exceeding ten days, or by both such fine and imprisonment] and other enforcement actions in accordance with the provisions of chapter 2 of title 28 of the administrative code.       
§12. Section 27-3024 of the administrative code of the city of New York, as amended by local law number 49 for the year 2006, is amended to read as follows:
§ 27-3024. Adoption of the electrical code technical standards.   a.  The city of New York hereby adopts the [2005] 2008 edition of the National Fire Protection Association NFPA 70 National Electrical Code as the minimum requirements for the design, installation, alteration or repair of electric wires and wiring apparatus and other appliances used or to be used for the transmission of electricity for electric light, heat, power, signaling, communication, alarm and data transmission in the city subject to the amendments adopted by local law and set forth in section 27-3025 of this subchapter, which shall be known and cited as " the New York city amendments to the [2005] 2008 National Electrical Code".  Such [2005] 2008 edition of the National Fire Protection Association NFPA 70 National Electrical Code with such New York city amendments shall together be known and cited as the "electrical code technical standards".  The commissioner shall make a copy of the electrical code technical standards available for public inspection at the department of buildings.
b.  No later than August thirty-first, [two thousand nine] two thousand twelve and on or before such date in every third year thereafter, the commissioner shall submit to the city council proposed amendments that he or she determines should be made to the electrical code technical standards to bring them up to date with the latest edition of the National Fire Protection Association NFPA 70 National Electrical Code or otherwise modify the provisions thereof.  In addition, prior to the submission of such proposal to the city council, such proposal shall be submitted to an advisory committee established by the commissioner pursuant to this chapter for review and comment.
§13. Section 27-3025 of the administrative code of the city of New York is REPEALED and a new section 27-3025 is added to read as follows:
§ 27-3025  The New York city amendments to the 2008 National Electrical Code. The following New York City amendments to the 2008 National Electrical Code are hereby adopted as set forth in this section.  In the event of conflicts between technical provisions, the more restrictive shall apply:
2008 NEC New York City Amendment
ARTICLE 90  
Introduction
 
 
SECTION 90.2
Subsection 90.2(B)(5) - Delete paragraph (b) and add a new paragraph (b) to read as follows:
 
      (b)  Are located in legally established easements, rights-of-way, or by other agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations, or
 
 
Chapter 1
General
 
 
ARTICLE 100  
Definitions
 
 
Coordination (Selective)  Add a new sentence at the end of  the definition of Coordination (Selective) to read as follows:
 
For the purposes of this code two overcurrent protective devices shall be deemed selectively coordinated if their respective time-current characteristic curves do not intersect at a time of 0.1 seconds (6 cycles on 60 Hz systems) or longer.
 
Electric Closet  Add a new definition of Electric Closet immediately after  "Dwelling Unit", to read as follows:
 
Electric Closet.  A room designed for or dedicated to the purpose of containing electrical distribution equipment such as vertical risers, bus ducts, transformers or panelboards.  
 
 
ARTICLE 110  
Requirements for Electrical Installations  
 
SECTION 110.2
Section 110.2      - Delete in its entirety and add a new section 110.2 to read as follows:
 
110.2      Approval of Electrical Materials, Equipment and Installations.
(A) Listed and Approved Materials and Equipment.  All electrical equipment, apparatus, materials, devices, appliances or wiring thereto installed or used in any electrical construction or installation regulated by the terms of this code, shall be designed and constructed so as to be safe and suitable for the purpose intended.
 
(1) All electrical equipment, apparatus, materials, devices, appliances and wiring used in New York City shall be approved by the commissioner, with submissions required in accordance with rules of the department.
 
(2) The maker's name, trademark or other identification, symbol and number shall be placed on fittings, equipment and materials.  Additional markings shall be provided, stating voltage, current, wattage or other appropriate ratings as prescribed elsewhere in this code.
 
(B) Installations.  All electrical installations regulated by the terms of this code shall be designed and constructed so as to be safe and suitable for the purpose intended.
 
No electrical installations as described in (1) through (5) below shall be constructed unless a submission for approval has been made to the commissioner and approval has been granted. For the purpose of this section an electrical "installation" shall refer to the installation of service equipment, transformers, UPS systems, generators, electrical wiring of assembled photovoltaic arrays, generator paralleling equipment or other sources.
 
(1) A new installation of new equipment totaling 1000 kVA or larger.
 
(2) Any change in an installation with a rating of 1000 kVA or larger, up to and including 2nd level overcurrent protection unless it was fully described and approved as "future" on the original approved plan.
 
(3) Any addition to an existing installation, which would bring the total to 1000 kVA or larger.
 
(4) The addition of any equipment in a room, which would affect clearances around the equipment of a 1000 kVA installation.
 
(5) A new installation or revised installation above 600V irrespective of kVA rating.
 
Exception No. 1: No submission is required solely for fire alarm service taps.
 
Exception No. 2: No submission is required for the addition of one 2nd level overcurrent protection device 200 amperes or less.
 
(C) Capacity.
 
(1) The capacity of a utility service, in kVA, shall be determined by summing the maximum ampere ratings of each service disconnecting means and calculating total kVA at the operating voltage.  Service disconnecting means supplying fire pumps shall be included at 125 percent of the fire pump full load amps.  The calculation shall include all new and existing service disconnecting means supplied from the common service entrance.
 
(2) The capacity of a transformer, UPS system, generator or other source shall be its maximum KVA output rating.
 
FPN: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of "Approved," "Identified," "Labeled," and "Listed."
 
 
SECTION 110.4
Section 110.4      - Add a FPN at the end of the section to read as follows:    
 
FPN:  See Section 27-3004 of the Administrative Code for the definitions of Low Voltage Electrical Work and Low Voltage Installer, and Section 27-3016.1 for the certification requirements of a Low Voltage Installer.
 
 
SECTION 110.25
Section 110.25  - Add a new section 110.25 to read as follows:
 
110.25 Electric Closets. Electric closets shall be dedicated to electrical distribution equipment. Electric closets shall be identified as such, shall be sized to provide the applicable working space requirements, and shall not be used for any other purpose including storage. Electric closets shall be accessible to authorized persons only.
 
Exception:  Other systems that are required to be installed by a licensed electrician, such as Fire Alarm Panels, Building Management Systems and Lighting Control Systems may be installed in Electric Closets.
 
 
SECTION 110.26
Subsection 110.26(H) - Add a new subsection 110.26(H) to read as follows:
 
(H) Network Compartments.  All network compartments shall have at least two means of access.  Each door shall access an area that leads to a legal exit.
 
 
SECTION 110.31
Section 110.31 - Revise the second sentence of the second paragraph to read as follows:
 
A fence shall not be less than 2.44m (8 ft) in height.
 
Subsection 110.31(A) -Revise the second sentence to read as follows:
 
The floors of vaults in contact with the earth shall be of concrete that is not less than 6 in. (150 mm) thick, but where the vault is constructed with a vacant space or other stories below it, the floor shall have adequate structural strength for the load imposed on it and a minimum fire resistance of 3 hours.
 
 
SECTION 110.33
Subsection 110.33(A)      - Revise the first sentence of the subsection to read as follows:
 
At least one entrance to enclosures for electrical installations as described in 110.31 not less than 762 mm (30 in.) wide and 2 m (6½ ft) high shall be provided to give access to the working space around the electrical equipment.
 
 
SECTION 110.34
Subsection 110.34(A) - Revise the last sentence of the Exception to read as follows:
 
Where rear access is required to work on de-energized parts on the back of enclosed equipment, a minimum working space of 900 mm (36 in.) horizontally shall be provided.
 
 
Chapter 2
Wiring and Protection
 
 
ARTICLE 210  
Branch Circuits    
 
SECTION 210.11
Subsection 210.11(C)(4)  - Add a new subsection 210.11(C)(4) to read as follows:
 
(4) Air-Conditioning Branch Circuit. In addition to the number of branch circuits required by other parts of this section, an individual branch circuit shall be provided for each air-conditioning receptacle required by 210.52(I).
          
 
SECTION 210.19
      Subsection 210.19(A)(1) - Add a new sentence at the end of the paragraph before the first Exception to read as follows:
 
Conductors of branch circuits shall be sized to allow for a maximum voltage drop of 3 percent at the last outlet supplying light, heat or power and the maximum voltage drop allowable for feeders and branch circuit combined shall not exceed 5 percent.
 
      FPN No. 4-  - Delete the FPN in its entirety.
 
Subsection 210.19(A)(4) - Revise the first sentence of the paragraph by replacing "14 AWG" with "12 AWG"
 
           Exception No. 3: Add a new Exception No. 3 to read as follows:
              
            Exception No.3: Where compliance with the applicable Energy Conservation Code is mandated voltage drop requirements of that code shall apply.
 
 
SECTION 210.24
Section 210.24 Table  - Replace the value "14" that appears twice in the column headed 15A, and once each in the columns headed 20A and 30A in the Circuit Rating Section with the value "12."
 
 
SECTION 210.25
Section 210.25 - Add an Exception to (A) and (B) to read as follows:
 
Exception to (A) and (B): Buildings built prior to January 1, 2003 are exempt from the requirements of 210.25 (A) and (B) under either of the following conditions:
(1) undergoing renovation less than 50 percent.
(2) repair to or replacement of existing equipment.  
 
 
SECTION 210.52
Subsection 210.52(E)(3) - Delete the Exception in its entirety.
 
Subsection 210.52(I) -       Add a new subsection 210.52(I) to read as follows:      
 
(I) Outlet Requirements For Residential-Type Occupancies. In addition to the requirements set forth in subsections (A) through (H) of this section, living rooms, bedrooms, dining rooms or similar rooms shall have at least one receptacle outlet installed for air conditioners. Such outlets shall be supplied by an individual branch circuit.
 
Exception:  Buildings with central air conditioning systems that serve any of the above areas shall not require separate outlets in those areas.
 
 
ARTICLE 215  
Feeders     
 
SECTION 215.2
Subsection 215.2(A)(1) - Add two new sentences at the end of the first paragraph, before the Exception, to read as follows:
Feeder conductors shall be sized so that the maximum voltage drop at the last overcurrent device does not exceed 3 percent and the total maximum voltage drop of feeder and branch circuit conductors to the last outlet does not exceed 5 percent.  The minimum feeder size feeding a dwelling unit shall be 8 AWG copper or 6 AWG aluminum or copper-clad aluminum conductors.
      
Add three new Exceptions No. 3, No. 4 & No. 5 and a FPN, to read as follows:
 
Exception No. 3: For residential occupancies and portions of the electrical system of mixed use buildings serving exclusively residential occupancies, the maximum voltage drop from the service point to the last overcurrent device shall not exceed 4 percent and the total maximum voltage drop to the last outlet shall not exceed 5 percent.
 
Exception No. 4: Where the distance between the utility service point and the service disconnecting means exceeds 15.2 m (50 ft), the voltage drop between the service point and the service disconnecting means may be calculated utilizing the service capacity limits defined by the utility company in lieu of the computed load. The distance between the service point and the service disconnecting means, the computed load and a letter on utility company letterhead indicating service limits shall be submitted for department approval.
 
Exception No. 5: Where compliance with the applicable Energy Conservation Code is mandated voltage drop requirements of that code shall apply.
 
FPN: When using Exception No. 4, potential future increases in the utility service capacity limits should be considered to avoid exceeding voltage drop limits at a later date.
 
Subsection 215.2(A)(3)  -  Delete FPN No. 2. -  Renumber FPN No.3 as FPN  No.2, and revise to read as  follows:
 
FPN No. 2:  See amended 210.19(A) for voltage drop on branch circuits.
 
 
ARTICLE 220  
Branch-Circuit, Feeder, and Service Calculations
 
SECTION 220.14
Section 220.14 - Delete the reference to subdivision (L) in the first paragraph and replace it with a reference to subdivision (M) to read as follows:
 
In all occupancies, the minimum load for each outlet for general-use receptacles and outlets not used for general illumination shall not be less than that calculated in 220.14(A) through (M), the loads shown being based on nominal branch-circuit voltages.
 
Subsection 220.14(M)       - Add a new subsection 220.14(M) to read as follows:
   
(M)  Air Conditioning Circuits: A load of not less than 1500VA shall be included with each 2 wire circuit. This load shall be permitted to be included with the general lighting load  and subject to section 220.42 and table 220.42.
 
 
SECTION 220.87  
 
220.87  Determining Existing Loads.
Delete "or service" from the first sentence.
 
 
ARTICLE 225  
Outside Branch Circuits and Feeders
 
SECTION 225.10
Section 225.10 - Revise the first sentence to read as follows:
 
The installation of outside wiring on surfaces of buildings shall be permitted for circuits of not over 600 Volts, nominal, as multiconductor cable, as type MI cable, as messenger supported wiring, in rigid metal conduit, in intermediate metal conduit, in cable trays, as cablebus, in wireways, in auxiliary gutters, in liquidtight flexible metal conduit and in busways.
 
 
SECTION 225.11
Section 225.11 - Revise the first sentence to read as follows:
 
Where outside branch and feeder circuits leave or enter a building, the requirements of 230.54 shall apply.
 
 
SECTION 225.36
Section 225.36 - At the end of the sentence, add the following:
 
and shall comply with all the requirements of Article 408 and its amendments.
 
 
ARTICLE 230  
Services  
 
SECTION 230.6(5)
Subsection 230.6(5) - Add a new subsection 230.6(5) to read as follows:   
 
(5) Where installed in service and fire pump rooms having 2 hour rated construction.
 
 
SECTION 230.30
Section 230.30 - Delete the Exception in its entirety.
 
 
SECTION 230.31
Subsection 230.31(B)      - Revise to read as follows:
 
(B) Minimum Size. The conductors shall not be smaller than 4 AWG copper or 2 AWG aluminum or copper-clad aluminum.
 
Exception: Conductors supplying only limited loads of a single branch circuit - such as small polyphase power, controlled water heaters, and similar loads - shall not be smaller than 10 AWG copper or 8 AWG aluminum or copper-clad aluminum.
 
 
SECTION 230.42
Subsection 230.42(A) - Revise to read as follows:
 
(A) General The ampacity of the service-entrance conductors before the application of any adjustment or correction factors shall not be less than (A)(1) or (A)(2) below. Loads shall be determined in accordance with Part III, IV or V of Article 220, as applicable.  Ampacity shall be determined from 310.15 for respective conductor types at 75ºC. When service-entrance conductors consist of busbars contained in either service busway or other service equipment, bus sizing shall conform to the following table:
 
Table 230.42 Service Equipment Busbar Ampere Density
 
 Current Rating of Bus
Maximum Current Per Square Inch in Amperes
 
Ventilated Housing
Unventilated Housing
 
Copper Bar
Aluminum Bar
Copper Bar
Aluminum Bar
Up to 1200 Amp
1000
750
800
600
1201 to 2000 Amp
800
600
700
525
2001 Amp and greater
700
525
500
375
 
(1) Ampacity of the service-entrance conductors for service below 1000 kVA shall not be less than either a or b:
(a) The sum of the noncontinuous loads plus 125 percent of the continuous loads.
(b) The sum of the noncontinuous loads plus the continuous loads if the service-entrance conductors terminate in an overcurrent device where both the overcurrent device and its assembly are listed for operation at 100 percent of their rating.
(2) Ampacity of the service-entrance conductors for services 1000 kVA and larger shall not be less than the sum of the maximum ampere ratings of the service disconnecting means.  When including fire pump disconnects in the calculation, 125 percent of the fire pump full load amperes shall be added.
 
Exception: The ampacity of service-entrance conductors need not exceed the maximum demand calculated in accordance with Article 220, up to a maximum of 4000 amps per service
 
FPN: See Subsection 110.2(C)(1) for determining service capacity.
 
 
SECTION 230.43
Section 230.43 - Revise to read as follows:
 
230.43 Wiring Methods for 600 Volts, Nominal, or Less.   Service-entrance conductors shall be installed in accordance with the applicable requirements of this Code covering the type of wiring method used and shall be limited to the following methods:
 
(1) Type IGS cable.
(2) Rigid metal conduit.
(3) Intermediate metal conduit.
(4) Electrical metallic tubing.
(5) Metallic wireways.
(6) Busways.
(7) Metallic auxiliary gutters.
(8) Rigid nonmetallic conduit, underground.
(9) Mineral-insulated, metal-sheathed cable.
(10) Flexible metal conduit not over 1.83 m (6 ft) long or liquidtight flexible metal conduit not over 1.83 m (6 ft) long between raceways, or between raceway and service equipment, with equipment bonding jumper routed with the flexible metal conduit or the liquidtight flexible metal conduit according to the provisions of Section 250.102(A), (B), (C), and (E).
 
Service entrance conductors shall not run within the hollow spaces of frame buildings.
 
 
SECTION 230.46
Section 230.46 - Revise to read as follows:
 
230.46 Unspliced Conductors.  Service-entrance conductors shall not be spliced before terminating at the service disconnecting means, except for the following terminations that are permitted:
 
(1) in a service end line box.
(2) taps supplying two to six service disconnecting means when grouped.
(3) approved terminals in meter enclosures.  
(4) service-entrance conductors in the form of busway, shall be connected as required in order to assemble the various fittings and sections.
 
 
SECTION 230.50
Subsection 230.50(B)(1)(3) - Delete the subsection in its entirety.
 
Subsection 230.50(B)(1)(4) - Delete the subsection in its entirety.
 
 
SECTION 230.52
Section 230.52 - Delete the section in its entirety.
 
 
SECTION 230.54
Section 230.54 - Delete in its entirely and add a new section 230.54 to read as follows:
 
230.54 Overhead Service Locations.
 
(A) Raintight Service Head. Service raceways shall be equipped with a raintight service
head at the point of connection to service-drop conductors.
 
(B) Service Heads Above Service-Drop Attachment. Service heads shall be located
above the point of attachment of the service-drop conductors to the building or other
structure.
 
Exception: Where it is impracticable to locate the service head above the point of
attachment, the service head location shall be permitted not farther than 600 mm (24 in.)
from the point of attachment.
 
(C) Separately Bushed Openings. Service heads shall have conductors of different
potential brought out through separately bushed openings.
 
(D) Drip Loops. Drip loops shall be formed on individual conductors. To prevent the
entrance of water, service-entrance conductors shall be connected to the service-drop
conductors below the level of the service head.
 
(E) Arranged that Water Will Not Enter Service Raceway or Equipment. Service-drop conductors and service-entrance conductors shall be arranged so that water will not
enter service raceway or equipment.
 
 
SECTION 230.64
Section 230.64  - Add a new section 230.64 to read as follows:  
 
 230.64 Service Rooms or Areas.
 
(A) General. The minimum sufficient working space shall be as provided in Section
110.26 or 110.34 as applicable, in order to assure the safety of operation, inspection, and
repairs within the vicinity of the service equipment.
 
(B) Service Equipment Totaling 1000 kVA, or Larger. Where service equipment
totaling 1000 kVA or larger is installed separately, or as part of a switchboard, the room
in which such switchboard is located shall be constructed of noncombustible materials
having a 2 hour fire rating and shall be of dimensions adequate to house the
switchboard and to provide the following minimum clearances:
 
(1) At least 1.5 m (5 ft) in front of the switchboard if it is in one line, and at least 2.1 m (7
ft) in front of the board if boards are installed facing each other.
 
(2) At least 300 mm (12 in.) from the floor to any energized part of the switchboard,
except by special permission.
 
(3) Where side and/or rear access is required, the following shall also apply:
· At least 900 mm (3 ft) at each end of the board
· At least 900 mm (3 ft) at the rear of the board clear of all obstructions or as specified in
Table 110.26(A)(1) or Table 110.34(A) as applicable, whichever is greater.
 
(4) Front-only accessible switchboards may be installed 300 mm (12 in.) or less from a
wall. However, if the front-only accessible switchboard is installed more than 300 mm
(12 in.) from the wall, access must be sealed at each end or comply with the restrictions
herein.
 
(5) Service equipment shall be arranged so that it is reachable from the entrance door
without having to pass in front of, or behind any other electrical equipment in the room.
This requirement shall be waived if a second entrance door is provided and located as
remotely as practical from the first. Each door shall access an area, which leads to a
legal exit.
 
 
SECTION 230.70
Subsection 230.70(A)(1) - Revise to read as follows:
 
(1) Readily Accessible Location.  The service disconnecting means shall be installed at a readily accessible location inside of a building or structure nearest the point of entrance of the service conductors.
 
Exception:  Service disconnecting means may be installed on the outside of residential buildings of one through four dwelling units.
 
Subsection 230.70(B) - Revise to read as follows:
 
(B) Marking. Each service disconnecting means shall be permanently marked to identify it as a service disconnect.  Each disconnecting means shall be marked to indicate the load served.
 
 
SECTION 230.76
Section 230.76 - Add a new paragraph at the end of section 230.76 to read as follows:
 
Where remote control devices are used on service equipment or manually operated circuit breaker devices totaling 1000 kVA or larger, it shall be the responsibility of the owner of the building or such owner's authorized agent to have the opening and closing mechanism of each service switch or service breaker tested at least once every year.  The testing need not be performed under load.  A record showing the date and signature of the qualified person making the test shall be kept posted at the switch or circuit breaker.
 
 
SECTION 230.94
Section 230.94 - Revise Exception No. 3 to read as follows:
Exception No. 3: Circuits for load management devices and emergency supply shall be permitted to be connected on the supply side of the service overcurrent device where separately provided with overcurrent protection.
 
 
ARTICLE 240  
Overcurrent Protection
 
SECTION 240.12
Subsection 240.12(A)  - Add a new subsection 240.12(A) to read as follows:
 
(A)       Service Overcurrent Protective Device
 
Where the service overcurrent protective device (OCPD) rating or setting is above 601 Amps, such device shall be selectively coordinated with the next downstream OCPD.
 
      FPN No. 1: See definition of "Coordination (Selective)."
 
Exception No. 1: Selective coordination shall not be required between two OCPDs in series with one another when no loads are connected in parallel with the downstream device.
 
Exception No. 2: When the second level OCPD is a single main device having the same rating or setting as the service OCPD, selective coordination shall be required between the third level devices and the two upstream devices.
 
Exception No. 3: Selective coordination shall not be required between transformer primary and secondary OCPDs, where only one OCPD exists on the transformer secondary.
 
Renumber first paragraph of 240.12 as new subsection 240.12(B), and retitle as follows:
 
(B)      Orderly Shutdown.     
 
 
SECTION 240.86
Section 240.86 - Add a FPN after first paragraph to read as follows:
 
FPN: See 240.12, 700. 27 and 708.54.
 
 
ARTICLE 250  
Grounding and Bonding
 
SECTION 250.52
Subsection 250.52(A)(1) - Delete the Exception in its entirety.                        
 
 
ARTICLE 285
Surge-Protective Devices (SPDs), 1 kV or Less  
 
SECTION 285.25
Section 285.25 - Add a FPN at end of paragraph to read as follows:
 
FPN: Device to be used as per manufacturer's listing, available fault current should be considered.
 
 
CHAPTER 3
Wiring Methods and Materials
 
ARTICLE 300  
Wiring Methods
 
SECTION 300.3
Subsection 300.3(C)(1)(a)  - Add a new subsection 300.3(C)(1)(a) to read as follows:   
 
(a) Barriers shall be provided to isolate conductors energized from different sources when system voltage exceeds 250 volts nominal and conductors are protected by first or second level overcurrent protective devices. Sources include service entrance points, secondaries of different transformers, generators and UPS systems.
 
 
SECTION 300.5
Subsection 300.5(A) - Revise to read as follows:
 
(A) Minimum Cover Requirements. Direct-buried cable or conduit or other raceways shall be installed to meet the minimum cover requirements of Table 300.5. Direct-buried cable shall not be installed except by special permission from the commissioner.
 
 
SECTION 300.6
Subsection 300.6(B) - Revise to read as follows:
 
(B) Aluminum Metal Equipment. Aluminum raceways, cable trays, cablebus, auxiliary gutters, cable armor, boxes, cable sheathing, cabinets, elbows, couplings, nipples, fittings, supports and support hardware shall not be permitted to be embedded in concrete or come in direct contact with the earth.
 
 
SECTION 300.22
Subsection 300.22(C) - Revise the first paragraph to read as follows:   
 
(C) Other Space Used for Environmental Air. This section applies to non-fire rated spaces used for environmental air-handling purposes other than ducts and plenums as specified in 300.22(A) and (B).  It does not include habitable rooms or areas of buildings, the prime purpose of which is not air handling.
 
 
ARTICLE 328
Medium Voltage Cable: Type MV  
 
SECTION 328.10
Section 328.10  -  Revise to read as follows:  
 
328.10 Uses Permitted. Type MV cables shall be permitted for use on power systems rated up to 35,000 volts nominal as follows:
 
(1)      In wet or dry locations,
(2)      In raceways.
 
 
SECTION 328.12
Section 328.12  -  Revise to read as follows:
 
328.12 Uses Not Permitted. Type MV cable shall not be used:
 
(1) Where exposed to direct sunlight,
(2) In cable trays,
(3) Direct-buried,
(4) In messenger-supported wiring.
 
 
SECTION 328.80
Section 328.80  -  Delete the last sentence.
 
 
ARTICLE 330
Metal-Clad Cable: Type MC
 
SECTION 330.10
Subsection 330.10(A)(1)  -  Delete the word "services".  
 
Subsection 330.10(A)(3)  -  Delete the words "or outdoors".  
 
Subsection 330.10(A)(5)  -  Revise to read as follows:
 
To be direct-buried where identified for such use and by special permission.
 
Subsection 330.10(A)(8)  -  Delete the subsection in its entirety.
 
Subsection 330.10(B)(3)  -  Delete the subsection in its entirety.
 
 
SECTION 330.12
Section 330.12 - Revise the first sentence to read as follows:
 
330.12 Uses Not Permitted. Type MC cable shall not be used under any of the following conditions.
 
Subsection 330.12(3)  -  Add a new subsection 330.12(3) to read as follows:
(3) Where used as service conductors.
 
Subsection 330.12(4)  -  Add a new subsection 330.12(4) to read as follows:
(4) Where the cable has an outer jacket of PVC, in residential buildings exceeding three floors above grade.
 
Subsection 330.12(5)  -  Add a new subsection 330.12(5) to read as follows:
(5) Where the cable has an outer jacket of PVC, in any nonresidential building unless concealed within non-plenum walls, floors and ceilings where the walls, floors and ceilings provide a thermal barrier of material that has at least a one hour rated assembly as indentified in listings of fire rated assemblies.
 
 
ARTICLE 334
Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS
 
SECTION 334.10
Section 334.10  -  Revise to read as follows:                               
 
334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following:
 
(1) One- and two-family dwellings.
(2) Multifamily dwellings, except as prohibited in Section 334.12.
 
FPN: See Section 310.10 for temperature limitation of conductors.
 
Subsection 334.10(A)(1)  -  Revise to read as follows:       
 
(1) For both exposed and concealed work in normally dry locations.
 
Subsection 334.10(B)(1)  -  Revise to read as follows:  
 
(1) For both exposed and concealed work in dry, moist, damp or corrosive    
locations.
 
Subsection 334.10(C)(1)  -  Revise to read as follows:
 
(1) For both exposed and concealed work in normally dry locations.
 
 
SECTION 334.12
Subsection 334.12(A)(1)  - Revise to read as follows:      
 
(1) In any multifamily dwelling exceeding three floors above grade.
 
Subsection 334.12(A)(1) - Delete the Exception in its entirety.
 
Subsection 334.12(A)(11)  - Add a new subsection 334.12 (A)(11) to read as follows:
 
(11) In non-residential buildings.  
 
 
SECTION 334.15
Subsection 334.15(B) -  Change reference from 300.4(E) to 300.4(F).
 
 
SECTION 334.30
Subsection 334.30(C) - Delete the subsection in its entirety.
 
 
ARTICLE 336
Power and Control Tray Cable: Type TC
 
SECTION 336.10
Subsection 336.10(6) - Delete the subsection in its entirety.
 
 
SECTION 336.12
Subsection 336.12(5) - Add a new subsection 336.12 (5) to read as follows:
 
(5) As fire alarm circuit wiring.
 
 
SECTION 336.104
Subsection 336.104(A) - Delete the subsection in its entirety.
 
 
ARTICLE 338
Service-Entrance Cable: Types SE and USE  
 
SECTION 338.10
Subsection 338.10(A) - Add a  second sentence to read as follows:    
 
Where installed as service entrance conductors, Type SE cable shall be enclosed in a threaded metallic conduit.  
 
Subsection 338.10(B)(2) - Delete the Exception in its entirety.
 
Subsection 338.10(B)(4)(b) - Revise to read as follows:
 
(b) Exterior Installations. In addition to the provisions of this article, service-entrance cable used for feeders or branch circuits, where installed as exterior wiring, shall be installed in a threaded metallic conduit.  
 
 
ARTICLE 340
Underground Feeder and Branch-Circuit Cable: Type UF
 
SECTION 340.10
Subsection 340.10(1) - Revise to read as follows:
 
(1) For use underground. For underground requirements, see 300.5.
 
Subsection 340.10(5) - Delete the subsection in its entirety.
 
Subsection 340.10(6) - Delete the subsection in its entirety.
 
 
SECTION 340.12
Subsection 340.12(12) - Add a new subsection 340.12(12) to read as follows:
 
(12) Direct burial.
 
Subsection 340.12(13) - Add a new subsection 340.12(13) to read as follows:       
 
(13) For Solar Photovoltaic Systems.
 
 
SECTION 344.10
Subsection 344.10(A)(3) - Revise the second sentence of subsection 344.10(A)(3)  to read as follows:       
 
Aluminum RMC shall not be permitted to be encased in concrete or  used for direct burial.
 
Subsection 344.10(B)(2) - Delete the subsection in its entirety.            
 
 
ARTICLE 350
Liquidtight Flexible Metal Conduit: Type LFMC
 
SECTION 350.12
Subsection 350.12(3) - Add a new subsection 350.12(3) to read as follows:   
 
(3) In lengths exceeding 1.83m (6 ft).
 
 
ARTICLE 352
Rigid Polyvinyl Chloride Conduit: Type PVC