BILL NUMBER:  S5713

 TITLE OF BILL :

An act to amend the county law, in relation to providing for the
licensure of electrical inspectors within the county of Westchester


 PURPOSE OR GENERAL IDEA OF THE BILL :

This legislation authorizes Westchester County to establish a county
board of examiners for electrical inspectors. The board of examiners
would be empowered to assume all licensing duties within Westchester
County with respect to the licensure of electrical inspectors. This
authorization supersedes any inconsistent general, special or local
law to the contrary.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one amends the county law by adding a new section 236-b.
Subdivision 1 of section 236-b provides that notwithstanding any
inconsistent general, special, or local law to the contrary, the
county of Westchester is authorized to establish a Westchester county
board of examiners for electrical inspectors and to empower such board
to assume all licensing duties within the county of Westchester with
respect to the licensure of electrical inspectors. The county of
              

Westchester shall provide for electrical inspectors' duties and
responsibilities with respect to applications for a license or renewal
in accordance with the local law of such county. A local law enacted
pursuant to this section establishing such county licensure shall
provide standards for licensure which shall include, at a minimum, a
provision that no person shall obtain a license unless such person
shall have received certain training which is at least equivalent to
the training required for code enforcement personnel under the rules
and regulations promulgated by the governor pursuant to article six-C
of the executive law.

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

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

Subdivision 4 of section 236-b provides a definition of the term
"agency of the state of New York."

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

 JUSTIFICATION :

Many local governments within Westchester County have approved and
designated electrical inspectors to conduct electrical inspections in
accordance with their enforcement obligations under the Uniform Fire
prevention and Building Code Act. As a result of such local
regulation, Westchester County lacks uniform countywide licensing,
qualification and performance standards for electrical inspectors.
Efficient oversight and monitoring designed to benefit the entire
county is lacking.
Accordingly, the licensing of electrical inspectors by Westchester
County would protect the public health, safety and welfare of the
county's residents by assuring that electrical inspections are
performed only by qualified individuals. To be qualified and thus
obtain a county license, such individuals would have to have received
training in the inspection of electrical components, equipment and
systems used in buildings and structures which is at least equivalent
to the training in the inspection of electrical components, equipment
and systems used in buildings and structures required for code
enforcement personnel under the rules and regulations promulgated by
the governor pursuant to article six-C of the executive law.

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

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

 LEGISLATIVE HISTORY :

A.10413/S.7322 of 2007-2008 (passed both houses)

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
Immediately.