File #: Int 0436-2024    Version: * Name: Electrical code and repealing chapter 3 of title 27 of the administrative code of the city of New York in relation thereto.
Type: Introduction Status: Committee
Committee: Committee on Housing and Buildings
On agenda: 2/28/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the electrical code and repealing chapter 3 of title 27 of the administrative code of the city of New York in relation thereto
Sponsors: Pierina Ana Sanchez, Amanda Farías, Tiffany Cabán, Farah N. Louis, Yusef Salaam, (by request of the Mayor)
Council Member Sponsors: 5
Attachments: 1. Int. No. 436, 2. February 28, 2024 - Stated Meeting Agenda, 3. Hearing Transcript - Stated Meeting 2-28-24

Int. No. 436

 

By Council Members Sanchez, Farías, Cabán, Louis and Salaam (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 and repealing chapter 3 of title 27 of the administrative code of the city of New York in relation thereto

 

Be it enacted by the Council as follows:

Section 1. Chapter 3 of title 27 of the administrative code of the city of New York is REPEALED.

§2. Section 28-101.1 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-101.1 Title. The provisions of this chapter shall apply to the administration of the codes set forth in this title and the 1968 building code. This title shall be known and may be cited as the “New York city construction codes” and includes:

The New York city plumbing code.

The New York city building code.

The New York city mechanical code.

The New York city fuel gas code.

The New York city energy conservation code.

The New York city electrical code.

§3. Exception 1 of section 28-101.4.3 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

1.                     Fuel gas, plumbing, electrical and mechanical work. The installation of and work on all appliances, equipment and systems regulated by the New York city fuel gas code, the New York city plumbing code, the New York city electrical code and the New York city mechanical code shall be governed by applicable provisions of those codes relating to new and existing installations.

§4. Section 28-101.5 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding, in alphabetical order, definition of “low voltage electrical work” and “minor electrical work” to read as follows:

LOW VOLTAGE ELECTRICAL WORK. The term “low voltage electrical work” means the installation, alteration, maintenance, or repair of electrical wiring that is designed to operate at less than fifty volts (50v) for signaling, communication, alarm, and data transmission circuits.

MINOR ELECTRICAL WORK. Electrical work that is limited in scope, falling into one of the following categories:

1.                     Replacement of defective circuit breakers or switches rated thirty amperes or less, excluding main service disconnects;

2.                     Replacement of parts in electrical panels where voltage does not exceed one hundred fifty volts to ground;

3.                     Replacement of minor elevator parts as defined by rule;

4.                     Replacement of defective controls rated at thirty amperes or less;

5.                     Repair of defective fixtures;

6.                     Replacement of fixtures in existing outlets, provided the number of such fixtures does not exceed five and does not increase existing wattage;

7.                     Replacement, repair, disconnection or reconnection of motors not to exceed one horsepower, and associated devices;

8.                     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;

9.                     Installation of any ten or fewer units not requiring the installation of an additional branch circuit;

10.                     Installation of motors of fractional horsepower; and

11.                     Installation of transformers rated at one thousand volt amperes or less.

 

§5. Section 28-103.17 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-103.17 Certain outside work, employment and financial interests of department employees prohibited. It shall be unlawful for any officer or employee of the department to be engaged in conducting or carrying on business as an architect, engineer, carpenter, plumber, iron worker, mason or builder, electrician or any other profession or business concerned with the construction, alteration, sale, rental, development, or equipment of buildings. It shall also be unlawful for such employees to be engaged in the manufacture or sale of automatic sprinklers, fire extinguishing apparatus, fire protection devices, fire prevention devices, devices relating to the means or adequacy of exit from buildings, or articles entering into the construction or alteration of buildings, or to act as agent for any person engaged in the manufacture or sale of such articles, or own stock in any corporation engaged in the manufacture or sale of such articles.

§6. Section 28-104.6 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-104.6 Applicant. The applicant for approval of construction documents shall be the registered design professional who prepared or supervised the preparation of the construction documents on behalf of the owner.

Exception: The applicant may be other than a registered design professional for:

1.                     Limited oil-burning appliance alterations, limited plumbing alterations, limited sprinkler alterations, and limited standpipe alterations (limited alteration application), where the applicant is licensed to perform such work pursuant to this code;

2.                     Demolition applications other than those specified in section 3306.5 of the New York city building code, where the applicant is the demolition contractor performing such demolition. In such cases, the commissioner may require structural plans designed by a registered design professional to address any critical structural, sequencing or site safety items;

3.                     Elevator applications;

4.                     Applications for work falling within the practice of landscape architecture as defined by the New York state education law, including but not limited to landscaping and vegetation plans, tree protection plans, erosion and sedimentation plans, grading and drainage plans, curb cuts, pavement plans, and site plans for urban plazas and parking lots, where the applicant is a landscape architect. Landscape architects shall not file plans for stormwater management and plumbing systems[; and]

5.                     Applications for electrical work, as defined in chapter 4 of this title, where the applicant is licensed to perform such work pursuant to this code; and

6.                      Other categories of work consistent with rules promulgated by the commissioner.

 

§7. Section 28-105.1 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-105.1 General. It shall be unlawful to construct, enlarge, alter, repair, move, demolish, remove or change the use or occupancy of any building or structure in the city, to change the use or occupancy of an open lot or portion thereof, or to erect, install, alter, repair, or use or operate any sign or service equipment in or in connection therewith, or to erect, install, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing, fire suppression or fire protection system in or in connection therewith or to cause any such work to be done unless and until a written permit therefor shall have been issued by the commissioner in accordance with the requirements of this code, subject to such exceptions and exemptions as may be provided in section 28-105.4.

 

§8. Section 28-105.2 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new item 13 to read as follows:

13. Electrical permits: for electrical work other than low voltage electrical work. Such permits shall include permits for minor electrical work.

 

§9. Section 28-105.4 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-105.4 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the zoning resolution or any other law or rules enforced by the department. Such exemptions shall not relieve any owner of the obligation to comply with the requirements of or file with other city agencies. Unless otherwise indicated, permits shall not be required for the following:

1.                     Emergency work, as set forth in section 28-105.4.1.

2.                     Minor alterations and ordinary repairs, as described in section 28-105.4.2.

3.                     Certain work performed by a public utility company or public utility corporation, as set forth in section 28-105.4.3.

4.                     Ordinary plumbing work, as set forth in section 28-105.4.4.

5.                     Permits for the installation of certain signs, as set forth in section 28-105.4.5.

6.                     Geotechnical investigations, as set forth in section 28-105.4.6.

7.                     The installation, alteration or removal of alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, subject to the approval of the fire department in accordance with section 105 of the New York city fire code.

8.                     The installation, alteration or removal of fire alarm systems, emergency alarm systems and fire department in-building auxiliary radio communication systems, subject to the approval of the fire department in accordance with the requirements of this code. Such work shall be submitted in accordance with the rules and regulations of the fire department.

9.                     Low voltage electrical work.

10.                     Electrical work relating to the construction and maintenance of city street lights and city traffic lights owned, operated or controlled by the city or any agency thereof.

11.                     Other categories of work as described in department rules, consistent with public safety.

 

§10. Chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.4.7 to read as follows:

§28-105.4.7 Low voltage electrical work.  An electrical permit shall not be required for the installation, alteration, maintenance or repair of electrical wiring that is designed to operate at less than fifty volts (50v) for signaling, communication, alarm, and data transmission circuits, provided that such work is performed by a licensed master, special electrician or qualified person as defined in the New York City Electrical Code.

Exceptions:

1.                     The installation, alteration, maintenance or repair, of any wiring that connects to, is part of, or is located within the following systems shall only be performed by a licensed master or special electrician:

1.1. Life safety systems as defined by rule of the commissioner, including but not limited to (i) those safety systems and features listed in section 28-109.3 of this code and (ii) alarm and extinguishing systems subject to chapter 9 of the building code.

1.2.                     Class I, II or III circuits in hazardous locations as described in the New York City Electrical Code, including but not limited to certain areas within commercial garages as set forth therein, aircraft hangers, gasoline dispensing and service stations, bulk fuel storage plants and facilities that may be utilized for spray applications or for a dipping and coating process.

1.3.                     Intrinsically safe systems as described in the New York City Electrical Code.

1.4.                     A point of connection to or interfacing with a control circuit that activates light, heat or power circuits.

2. Other systems as determined by the rules of the department.

 

§11. Section 28-105.5.1 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-105.5.1 Applicant for permit. The applicant for a permit shall be the person who performs the work or who retains a subcontractor to do the work.

Exception: For permits issued for plumbing work, fire protection and suppression work, electrical work and oil-burning appliance work, the applicant for such permits shall be the licensed master plumber, licensed master fire suppression piping contractor, licensed master electrician, licensed special electrician or licensed oil-burning equipment installer, respectively, who performs the work.

 

§12. Section 28-112.2 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-112.2 Schedule of permit fees. Permits for new buildings, structures, mechanical, and plumbing, and electrical systems or alterations requiring a permit shall be accompanied by a fee for each permit in accordance with the fee schedule of Table 28-112.2 and sections 28-112.2.1 and 28-112.2.2. [Fifty percent of the total fee for the work permit, but not less than $100, or the total fee for the work permit where such fee is less than $100, shall be paid and shall accompany the first application for the approval of construction documents; and the whole or remainder of the total fee shall be paid before the work permit may be issued.] The commissioner may require reasonable substantiation of any statement or other form that may be required by the department.

§28-112.2.1 Permits for other than electrical work.  For work that will result in a new certificate of occupancy or change to the certificate of occupancy, fifty percent of the total fee for the work permit, but not less than $130, or the total fee for the work permit where such fee is less than $130, shall be paid and shall accompany the first application for the approval of construction documents and the whole or remainder of the total fee shall be paid before the work permit may be issued. For work that will not result in a new certificate of occupancy or change in the certificate of occupancy, one hundred percent of the total fee for the work permit, but not less than one hundred and thirty dollars, shall be paid at the time of filing.

§28-112.2.2 Permits for electrical work. Fees for electrical work requiring a permit shall be in accordance with department rules. For electrical work requiring a permit, fifty percent of the total fee for the work permit, but not less than $130, or the total fee for the work permit where such fee is less than $130, shall be paid at the time of filing; and the remainder of the total fee shall be paid before any department inspection.

 

§13. Table 28-112.2 of chapter 1 of title 28 of the administrative code of the city of New York is amended to add a fee for “permit for electrical work” before the fee for “Permit to install or alter service equipment except plumbing and fire suppression piping service equipment” to read as follows:

TABLE 28-112.2

PERMIT TYPE

FILING FEE

RENEWAL FEE

COMMENTS

Alterations

 

 

 

Permit for electrical work.

As provided by department rules

As provided by department rules

 

 

§14. Table 28-112.8 of chapter 1 of title 28 of the administrative code of the city of New York is amended to add the fee for certain applications for electrical work at the end of such table to read as follows:

TABLE 28-112.8

SERVICE TYPE

FILING FEE

RENEWAL FEE

COMMENTS

Other fees

 

 

 

Application for electrical work made after the issuance of a violation for failure to file an application for a permit for such work

As provided by department rules

 

 

 

§15. Section 28-116.2.4 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-116.2.4 Final inspection. There shall be a final inspection of all permitted work. Final inspections shall comply with sections 28-116.2.4.1 through 28-116.2.4.3

Exception. A final inspection shall not be required for minor electrical work as defined in section 28-101.5.

§16. Article 119 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

ARTICLE 119
SERVICE UTILITIES

§28-119.1 Connection of gas service utilities. It shall be unlawful for any utility company or utility corporation to supply gas to a building, place or premises in which new meters other than replacement are required until a certificate of approval of gas installation from the department is filed with such utility company or utility corporation. When new gas service piping has been installed, it shall be locked-off by the utility company or utility corporation either by locking the gas service line valve or by installing a locking device on the outside gas service line valve. The lock shall not be removed until the gas meter piping (other than utility owned) and gas distribution piping have been inspected and certified as required by the department of build-ings as being ready for service.

§28-119.1.1 Gas shut-off for alterations to gas piping systems. When alterations, extensions or repairs to existing gas meter piping or gas distribution piping require the shut-off of gas flow to a building, the utility company shall be notified by the owner or his or her authorized representative.

§28-119.2 Temporary connection. The commissioner shall have the authority to authorize the temporary connection of the building or system to the gas service utility.

§28-119.3 Authority to disconnect gas utility service. The commissioner may authorize disconnection of gas service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The department shall notify the local gas utility company, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action.

§28-119.4 Notification of gas shut-off or non-restoration after inspection. Within 24 hours after gas service to a building is shut off by a utility company or utility corporation because of a class A or class B condition, as described in part 261 of title 16 of the New York codes, rules and regulations, and within 24 hours after gas service is, after an inspection by such a company or corporation, not restored because of such a condition, such company or corporation and the owner of such building shall each provide notice to the department in a form and manner prescribed by the department.

§28-119.5 Connection of electric service utilities. It shall be unlawful for any person, partnership or corporation to supply, or cause to be supplied or used, electrical energy for light, heat or power, signaling, alarm or data transmission to any wiring or appliance in any building unless a sign-off or other authorization as set forth in the rules of the department authorizing the use of said wiring or appliance shall have been issued by the commissioner.

§28-119.5.1 Authorization to energize. An 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 in accordance with the notice requirements set forth in section 87.2 of the New York city electrical code.

§28-119.5.2 Electric meter installation; restriction. A public utility shall not supply electricity to a one-, two-, three- or four-family dwelling, or energize more utility meters in a building than the number of distinct and separate dwelling units in such building as authorized in the certificate of occupancy applicable thereto, or if there is no certificate of occupancy, as determined by the department, without first receiving a written sign-off from the department. An owner of a one-, two-, three- or four-family dwelling may request approval to install an additional utility meter from the department. A public utility shall not install such additional utility meter without such approval. A building with two or more dwelling units in accordance with the certificate of occupancy, or if there is no certificate of occupancy, as determined by the department, shall have one meter for each dwelling unit and may have 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 utility must report such findings to the department, which may take action leading to the disconnecting of such meter in accordance with the notice requirements set forth in section 87.2of the New York city electrical code.

§28-119.6 Authority to disconnect electrical energy supply. The commissioner may authorize wires or appliances to be disconnected from the supply of electrical energy and to seal the wiring and appliances, after due inspection and/or where in the commissioner’s judgment the continued use of such electric wiring or appliances in or on any building or structure is unsafe or dangerous to persons or property.

 

§17. Section 28-401.3 of chapter 4 of title 28 of the administrative code of the city of New York is amended by adding new definitions of “electrical work”, “employee”, “licensed master electrician, master electrician”, “licensed special electrician, special electrician”, “low voltage electrical work”, “master electrician business” and “responsible representative” in alphabetical order, to read as follows:

§28-401.3 Definitions. As used in this chapter, the following terms shall have the following meanings unless the context or subject matter requires otherwise.

ELECTRICAL WORK. The installation, alteration, maintenance, repair or demolition of electric wires and wiring apparatus and other appliances used or to be used for the transmission of electricity for electric light, heat, power, and signaling, communication, alarm or data transmission. (see also minor electrical work).

EMPLOYEE. An individual who is on the payroll of an employer and who under the usual common law rules applicable in determining the employee-employer relationship has the status of an employee. Such term shall not include an independent contractor.

LICENSED MASTER ELECTRICIAN, MASTER ELECTRICIAN: An individual who has satisfied the requirements of this chapter for the master electrician license, who has been issued a license and seal and who is authorized under the provisions of this chapter to perform electrical work in the city of New York. A master electrician licensee shall practice their trade in association with a master electrician business.

LICENSED SPECIAL ELECTRICIAN, SPECIAL ELECTRICIAN: An individual who has satisfied the requirements of this chapter for the special electrician license and has been issued a license and seal. A special electrician licensee shall be an employee of an individual, a partnership or a corporation owning, leasing or managing a building, buildings or parts thereof who has obtained written authorization from the commissioner, pursuant to this chapter, to perform electrical work in or on specific buildings, lots or parts thereof owned, leased or managed by such individual, corporation or partnership.

LOW VOLTAGE ELECTRICAL WORK. Refer to section 28-101.5.

MASTER ELECTRICIAN BUSINESS. A sole proprietorship, partnership or corporation authorized by the commissioner to engage in or carry on, as an independent contractor and as its regular business, the business of performing electrical work in or on any building, premises or lot in the city under a license issued to a master electrician.

RESPONSIBLE REPRESENTATIVE: A master electrician who has the authority to make final determinations and who has full responsibility on behalf of a master electrician business for the manner in which electrical work is done and for the selection, supervision and control of all employees of such business who perform such work.

 

§18. Section 28-401.10 of chapter 4 of title 28 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§28-401.10 Issuance of license and seal, where applicable, or certificate of competence. The commissioner shall issue a license or certificate of competence to each applicant who shall have submitted satisfactory evidence of his or her qualifications, and shall have satisfactorily passed all required examinations and investigations, provided that no license or certificate of competence shall be issued unless and until the applicant shall have paid the required fee and complied with such other and further requirements for the particular license or certificate of competence as may be set forth in this chapter and in rules promulgated by the department. All licenses or certificates of competence issued by the commissioner shall have his or her signature affixed thereto; but the commissioner may authorize any subordinate to affix such signature. For licenses that require the application of a seal, the seal shall be issued with the license except as provided otherwise in this chapter. The license and seal are the property of the department and are not transferable by the licensee. No licensee shall make or cause to be made duplicates of a department-issued license or seal. The loss or theft of a license or seal must be reported to the department within five calendar days. Before any license or seal may be reissued, the applicant shall pay a reissuance fee as prescribed by the department’s rules.

 

§19. Table 28-401.15 of chapter 4 of title 28 of the administrative code of the city of New York is amended to add fees for “master electrician license”, “master electrician license seal” “special electrician” and “special electrician license seal” at the end of the table after the fee for “Lift director” to read as follows:

 

LICENSE TYPE

INITIAL FEE

RENEWAL FEE

ADDITIONAL FEES