[HISTORY: Adopted by the Town Board of the Town of Smithtown 4-13-1965. Amendments
noted where applicable.]
[Amended 6-9-1998; 5-8-2007]
This chapter shall be known as the "Electrical Code of the Town
of Smithtown" and shall be administered under the supervision of the
Building Director of the Town of Smithtown.
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]
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 Building
Director on the form provided by the Town Clerk.
[Amended 5-8-2007]
[Amended 6-9-1998; 5-8-2007]
It shall be the duty of the Inspector to report, in writing,
to the Building Director, 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 Building Director.
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.
