CONSTRUCTION & REAL ESTATE BLOG

Master Electrician Licensing Regulations

by Gary Nissenbaum | Sep 22, 2008

Construction Law: New York Legislation: Licensing Requirements: New York legislators recently amended the County Law governing master electrician licensing in order to provide Dutchess County with the authority to establish a board of examiners for master electricians. Pursuant to this law, the board has the authority to promulgate regulations governing the licensing of master electricians. The County Master Electrician Licensing Law previously only provided this authority to Westchester County.

It is important to keep in mind that New York City already has administrative regulations in place that govern the licensing of master electricians and the performance of electrical work for buildings located in New York City. Specifically, the New York City Electric Code provides that any entity or sole proprietorship who engages in the business of providing electrical work should have at least one licensed master electrician affiliated with the business. Without limitation, to obtain a master electrician licensing, the regulations mandate that the individual pass certain examinations. In addition, the master electrician must be of a certain age and have certain years and/or hours of past experience in performing certain electrical work.

Comments/Questions: ljm@gdnlaw.com

New York Legislature Amends Safety and Insurance Requirements for Construction, Excavation and Demolitions Operations

by Gary Nissenbaum | Aug 8, 2008

Construction Law:
The New York legislature amended the administrative code of the City of New York with respect to safety requirements during excavation and insurance obligations for construction or demolition operations. The amendments were approved and made effective as of August 28, 2007.

Previously, distinctions were made based on whether or not the excavation was more or less than ten feet. The new law applies equally to all excavations. As amended, this regulation provides that whenever the safety of any adjoining building is or may be affected by an excavation, the person causing the excavation must provide safe support for the building, regardless of the depth of the excavation. To fulfill this duty, this person must, without limitation:

1) Support the vertical load of the adjoining structure by proper foundations, underpinning or other equivalent means where the level of the foundations of the adjoining structure is at or above the level of the bottom of the new excavation;

2) Support any increased vertical or lateral load on the existing adjoining structure by the new construction where the existing structure is below the level of the new construction; and

3) Modify the foundation of the existing structure where the new construction will result in a decrease in the frost protection level for the existing structure such that it will fall below the established regulatory minimum.

The newly amended regulation also mandates that any person who obtains a permit for construction or demolition operations must, at his own expense, procure and maintain insurance to cover, for the duration of the operations, any and all adjacent property owners and their lawful occupants for all risks of loss, damage to property and injuries to or death of such persons arising out of the performance of the construction or demolition.

We therefore recommend that any individual or corporation undertaking construction, excavations or demolition operations in the City of New York make certain that they comply with the necessary support provisions and obtain proper insurance, in accordance with the amended regulations, prior to commencing operations.

Amendment to New Jersey Uniform Construction Code Act Relating to Inspections

by Gary Nissenbaum | Aug 8, 2008

New Jersey Legislation:

The New Jersey legislature recently amended the State Uniform Construction Code Act with regard to construction inspections. With certain exceptions, the revised law provides that the same inspector must make a follow up inspection on single-family residence inspections, if he previously issued a notice of violation. Specifically, the revised portions of the law state as follows:

“When an inspector or team of inspectors finds a violation of the provisions of a construction permit, the code, or other applicable laws and regulations at an owner-occupied single family residence, and issues a notice of violation and an order to terminate the violation, the enforcing agency shall require the same inspector or team of inspectors who found the violation to undertake any subsequent reinspection thereof at the premises. When the same inspector or team of inspectors cannot be assigned to undertake the reinspection, the enforcing agency may assign an available inspector provided the scope of the reinspection shall be limited to the violation for which the reinspection is required.”

However, these requirements to not apply to violations of the plumbing or electrical subcodes, or to fire safety code violations, or to any violation of any other subcode that the Department of Community Affairs deems to be a health or safety violation.

Moreover, the law specifically provides that the property owner may nevertheless request a different inspector, team of inspectors, or supervisor, to perform any required reinspection.

Comments/Questions:

ljm@gdnlaw.com

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