[Amended 6-9-1998; 5-8-2007; 5-22-2025 by Res. No. 2025-566]
This chapter shall be known as the "Electrical Code of the Town of Smithtown" and shall be administered under the supervision of the Chief Building Inspector of the Town of Smithtown.
[HISTORY: Adopted by the Town Board of the Town of Smithtown 4-13-1965. Amendments noted where applicable.]
Since there is danger to life and property inherent in the use of electrical energy, this electrical chapter is enacted to regulate the installation and alteration of wiring for electric light, heat or power and signal systems operating on 50 volts or more in or on all real property within the Town of Smithtown.
All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electrical Code, except where the provisions of this chapter or any other local law, ordinance or Building Code of the Town of Smithtown shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or Building Code shall be recognized as proper compliance with this chapter. The requirements of the National Electrical Code shall be those known as the "National Fire Protection Association Pamphlet No. 70," as approved and adopted by the American Standards Association.
[Amended 6-9-1998; 5-8-2007; 5-22-2025 by Res. No. 2025-566]
A.
The duly appointed Inspectors of qualifying organizations may be designated as Electrical Inspectors by Town Board resolution and authorized and deputized as agents of the Town of Smithtown to make inspections and reinspections of all electrical installations, alterations and repairs heretofore and hereafter described and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and reinspections be a charge against the Town of Smithtown.
B.
All organizations and Inspectors applying for authorization under this chapter must meet or comply with the following requirements:
(1)
Inspectors shall have a minimum of 10 years' field experience in the maintenance, installation or inspection of electrical systems.
(2)
Inspectors shall hold and maintain a certification from the International Association of Electrical Inspectors (IAEI) for one- and two-family dwellings and for general electrical.
(3)
Inspectors shall be familiar with the National Electrical Code and New York State and Town of Smithtown laws, rules and regulations to the extent that they relate to electrical inspections.
(4)
Inspectors shall shelve active electrician licenses during the period of appointment, if there may be a conflict of interest.
(5)
The organization shall maintain policies of insurance from an insurance company(ies) duly licensed by the State of New York meeting or exceeding the following minimum coverage requirements and shall provide a certificate of insurance evidencing the same and naming the Town of Smithtown as an additional insured:
(6)
The organization shall file a verified application with the Chief Building Inspector on the form provided by the Town Clerk.
[Amended 6-9-1998; 5-8-2007; 5-22-2025 by Res. No. 2025-566]
It shall be the duty of the Inspector to report, in writing, to the Chief Building Inspector, whose duty it shall be to enforce all provisions of this chapter, all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code, and of all local laws, ordinances and the Building Code as referred to in this chapter insofar as any of the same apply to electrical installations, alterations and repairs. The Inspector shall make inspections and reinspections of electrical installations, alterations and repairs in and on properties in the Town of Smithtown upon the written request of an authorized official of the Town of Smithtown or as herein provided. The Inspector is authorized to make inspections and reinspections of electrical installations, alterations and repairs in and on properties within the Town of Smithtown where he deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of the Inspector to make electrical inspections upon the oral request of an official or office of the Town of Smithtown. It shall be the duty of the Inspector to furnish written reports to the proper officials of the Town of Smithtown and the owners and/or lessees of property where defective electrical installations, alterations and repairs are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations, alterations and repairs are in conformity with this chapter. He shall direct that the certificate of compliance be sent to the Town of Smithtown to the attention of the Chief Building Inspector.
As used in this chapter, the following terms shall have the meanings indicated:
Includes an individual, copartnership, society, association, joint-stock company, club, corporation and any combination of individuals within the Town of Smithtown, Suffolk County, New York.
[Amended 6-9-1998]
It shall be a violation of this chapter for any person to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties in the Town of Smithtown until a Building Department permit has been issued and an application for inspection has been filed with any authorized organization hereunder. It shall be a violation of this chapter for a person to connect or cause to be connected electrical wiring in issuance of a temporary certificate or a certificate of compliance by any authorized organization hereunder.
A.
Any person violating any of the provisions of this chapter shall be guilty of an offense punishable by fine or imprisonment, or both; however, for the purpose of confirming jurisdiction upon courts and judicial officers, such violation shall be deemed a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. In lieu of the foregoing, any person violating any provision of this chapter shall be subject to a penalty in a sum not exceeding $500 for the first violation and in a sum not exceeding $1,000 for any subsequent violation. Said penalties shall be recovered in a civil action in the name of the Town of Smithtown.
[Amended 7-14-1992; 6-9-1998]
B.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
The provisions of this chapter shall not apply to the electrical installations in mines, ships, railway cars or automotive equipment or the installations or equipment employed by a railway, electrical or communication utility in the exercise of its function as a utility and located outdoors or in buildings used exclusively for that purpose. This chapter shall not apply to any work involved in the manufacture, assembly, test or repair of electrical machinery, apparatus, materials and equipment by a person engaged in electrical manufacturing as his principal business. It shall not apply to any building which is owned or leased in its entirety by the Government of the United States or the State of New York.
[Amended 6-9-1998]
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing electrical wiring, devices, appliances or equipment for loss of life or damage to persons or property caused by any defect therein, nor shall the Town of Smithtown be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.