Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 11-21-2000 by L.L. No. 17-2000, effective 11-27-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 16.

§ 16A-1 Purpose.

The Town Board of the Town of Brookhaven hereby determines that in order to insure the safety of its residents and the public in respect of electrical systems for light, heat or power and signal systems operating on 50 volts or more in or on real property located within the Town, it is necessary and prudent to regulate the installation and alteration of the wiring therefor.

§ 16A-2 Conformity with National Electrical Code.

[Amended 7-25-2006 by L.L. No. 16-2006, effective 7-31-2006; 2-15-2011 by L.L. No. 9-2011, effective 3-1-2011]
All electrical systems and wiring installations within the Town of Brookhaven shall conform to the requirements of the National Electrical Code™, also known as “National Fire Protection Association Code 70,” as specified in the New York State Uniform Fire Prevention and Building Code.

§ 16A-3 Aluminum wiring prohibited.

[Amended 7-25-2006 by L.L. No. 16-2006, effective 7-31-2006[1]; 2-15-2011 by L.L. No. 9-2011, effective 3-1-2011]
Except for use as feeder conductors, aluminum wiring shall not be permitted on the load side of the service disconnect in dwellings, buildings or structures for which residential occupancy is a permitted use.
[1]
Editor's Note: This local law also repealed former § 16A-3, Permit required.

§ 16A-4 Inspections.

Inspections shall be made only by qualified inspectors so designated by the Town Board.
A. 
Qualifications. Duly appointed inspectors of qualifying organizations may seek designation as electrical inspectors by the Town Board as authorized agents of the Town, so long as they shall satisfy the following minimum qualifications for eligibility:
(1) 
A minimum of 10 years' field experience in the maintenance, installation or inspection of electrical systems;
(2) 
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) 
Shall be familiar with the National Electrical Code and New York State and Town of Brookhaven laws, rules and regulations to the extent that they relate to electrical inspections;
(4) 
Shall shelve active electrician licenses during the period of appointment, if there may be a conflict of interest.
(5) 
Said qualifying organizations shall:
(a) 
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 Brookhaven as an additional insured:
[1] 
General liability: $1,000,000 per occurrence; $2,000,000 aggregate.
[2] 
Excess liability: $1,000,000 per occurrence.
[3] 
Worker's compensation: statutory requirements.
(b) 
File a verified application with the Chief Building Inspector on the form so designated by him/her.
B. 
Powers and duties of electrical inspector(s) designated as such by the Town Board shall:
(1) 
Report, in writing, to the Chief Building Inspector, whose duty it shall be to enforce all provisions of this chapter, all violations of and/or deviations from or omissions of the electrical provisions of the National Electrical Code, and of all local laws and/or ordinances. Any of the aforementioned are applicable to electrical installations, alterations and/or repairs;
(2) 
Make inspections of electrical installations, alterations and repairs in and on properties within the Town, upon the written request of the Chief Building Inspector or his designee other authorized Town official as herein otherwise provided; and to make such inspection(s) upon the oral request of the Chief Building Inspector, his designee or otherwise authorized Town official.
(3) 
Furnish written reports to the Chief Building Inspector and the owners and/or lessees of property where defective electrical installations, alterations and repairs are identified upon inspection;
(4) 
Authorize the issuing of a certificate of compliance for electrical installations, alterations and repairs which are in conformity with the provisions of this section;
(5) 
Direct that the certificate of compliance be sent to the Chief Building Inspector.

§ 16A-5 No waiver or assumption of liability.

This chapter shall not be construed to alter, diminish or relieve the liability of any person owning, operating, controlling or installing electrical wiring, devices, appliances and/or equipment, for loss of life or damage to persons or property caused by any defect therein; nor shall the Town of Brookhaven be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.

§ 16A-6 Penalties for offenses.

[Amended 7-25-2006 by L.L. No. 16-2006, effective 7-31-2006]
A. 
Any violation of the New York State Uniform Fire Prevention and Building Code shall be considered a violation of this chapter.
B. 
Any person who shall violate any of the provisions of this chapter, including the failure, refusal or neglect to comply with an order issued by the Chief Building Inspector, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable for a first offense by a fine not less than $1,000 and not to exceed $2,000 or a term of imprisonment not to exceed six months, or both; for a second offense by a fine not less than $2,000 and not to exceed $4,000 or a term of imprisonment not to exceed six months, or both; and for a third or subsequent offense within a five-year period, by a fine of not less than $5,000 and not to exceed $10,000 or a term of imprisonment not to exceed six months, or both.
C. 
Each week, or part thereof, such violation continues following notification by the Town shall constitute a separate offense punishable in like manner.
D. 
The owner or owners of any building or premises or part thereof, or any person in possession thereof where any violation of this ordinance has been committed or shall exist, and any architect, builder, contractor, agent, person or corporation who knowingly commits, takes part or assists in any such violation, or who maintains any building, structure or premises in which any such violation exists, shall each be guilty of a separate offense and upon conviction thereof shall be fined and/or imprisoned as herein provided.
E. 
In addition to the above penalty, any appropriate action or proceeding may be instituted or taken to prevent any unlawful construction, erection, alteration, repair, maintenance or use or to restrain, correct or abate any violation or to prevent the occupancy of any such building, structure or premises or to prevent any illegal act, conduct, business or use in or about such building, structure or premises.