HomeMy WebLinkAboutLL-1978 #01LOCAL LAW
A Local Law in relation to Electrical Inspections
and the use of Aluminum Wire
Be it enacted by the Town Board of the Town of Southold as follows:
The Code of the Town of Southold is hereby amended by adding a new Chapter
thereto, to be Chapter 43, to read as follows:
Section 43-1. ADMINISTRATION. This Local Law shall be administered and
conducted under the supervision of the Building Department of the Town of Sotithold.
The Town's Building Inspectors, however, shall at no time be required to conduct ' :'-"~'¥"
electrical inspections nor perform any of the. duties hereinafter assigned to electrical
inspectors.
Section 43-2. ELECTRICAL INSPECTOR. The Chief Inspector and each of
the duly appointed inspectors .of theNew York Board of Fire Underwriters are here. by
designated as Electrical Inspectors of the Town of Southold and are authorized and
deputized as agents of the Town of Southold to make inspections and reinspections of
all electrical installations heretofore and hereafter described, and to appro, ve 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 Southold.
Section 43-3. DUTIES OF THE ELECTRICAL INSPECTOR. It shall be the.
duty of the electrical inspector to report in writing to the Building Inspectors whose
duty it shall be to-enforce all provisions of this Local Law, all violations, or deviations
from, or omissions of the electrical provisions of the Building Code applicable to the
Town of Southold and of all local laws, ordinances, and the Building Co~e as referx;ed
to in this Local Law insofar as any of the same apply to electrical wiring. The
inspec[or shall make inspections and reiuspections of electrical installations in and
on properties in the Town of Southold up6n the written request of a Building Inspector
of the Town of Southold or as herein provided. The inspector is authorized to 'make'
inspections and reinspections leading to the issuance of certificate of compliance of
the New York Board of Fire Underwriters of electrical wiring, installations,, devices,
applicances and equipment, in or on properties within the Town of Southold where a
building permit has been issued by the Building Department of the Town of Southold
or where a property owner or electrical cdntractor requests such an inspection.
Applications for such inspections are to be made directly tothe New york Board of
Fire Underwriters. In addition, application for a temporary certificate must be made
directly to the New York Board of Fire ~lnderwriters wherever there is a change in
electrical service. 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 officer of the Town
It shall be the duty of the inspector t0 furnish written reports tO the proper
Officials of the Town of Southold and o~ers and[or lessees of property where defeclive
electrical installation and equipment are four upon inspection. He shall authorize
issuing ~a cer~ffeate o~ compliance wh~ etectric~ installations and equipment are
in conformity with this Local Law. He shall direct that a copy of the certificate of
compliance be sent to the Town of Southold {o the attention of the Building Inspector.
No certificate of occupancy may be issued by the Building Departmen~ until receipt
of a copy of said certificate of compliance has been received.
Section 43-4. MATERIAL RESTRICTIONS-
(a) The use of aluminum wire or wire utilizing aluminum in combination With
other materials where the principal metallic component of such wire 'is aluminum, 'e.
nickel clad, coppe~ clad, etc., American wire gauge No, 4, and smaller is prohibited
in any building and[or residence hereafter constructed within .the Town of Southold.
This restriction shall include alterations to existing buildings and residences and
replacement or repair of existing electrical service.
(b) Aluminum wire or wire utilizing aluminnm in combination with other mater~
ials where the principal metallic component of such wire is aluminum, e.g., nickel.
-2-
clad, copper clad, etc., American wire gauge No. 2 and larger, may be used in
buildings and/or residences only when termination and splicing of such wire is by
UL approved compression connectors.
Section 43-5. PtgNALTI~S. Any person who violates any provision of this
Local Law shall be guilty of a violation ant1 shall upon conviction, be subject to a fine
of not more than two hundred fifty ($250) dollars, or by imprinsonment for not more
than fifteen days (15), or by both such fine and imprisonment for each offense.
Section 43-6. VALIDITY. Should any section or provision of this Local Laxv
be decided by the courts to be unconstitutional or invalid, such decision shall not affect
the validity of the Local Law as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid. ' ....."~
Section 43-7. E{fective Date. This Local Law shall take effect immediately.
MARLO M. CUOMO
Secretary of State
STATE OF NEON YORK
DEPARTMENT OF STATE
162 WASHINGTON AVENUI:
ALBANY, NEW YORK 12231
March 23, 1978
Robert W. Tasker
Town of Southold
425 Main Street
Greenport, N. Y.
11944
Dear Sir / Madam:
of
Please be advised that Local
1978 of the Town of Southold
Law(s)
No .
was/~X~ received and filed on __March 17, 1978
We are enclosing additional forms for
use when filing local laws.
your
future
Very truly yours
MARIO M. CUOMO
Secretary of State
ames C. Aube ~
'J Chief Clerk
State Records
& Law Bureau
cc: State Comptroller
Division of Municipal Affairs
DEPARTMENT OF' AUDIT AND CONTROL.
April 11, 1978
Robert W. Tasker
Town of Southold
425 Main Street
Greenport, N.Y.
11944
D~ar Sir:
I hereby acknowledge receipt as of March 22,
of certified copy of Local Law No. 1
of 1978 for the Town of Southold
1978
which copy is being filed in this office.
KRP:
cc:
y yours,
Associate Attorney
ja
Secretary of State
RECEIVED
APR 1 9 1~,'7~
Town C!erk $outhold
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be g~ven as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
of ............ ............................................................................................
Town
Local Law No ....................... .1. .................................. of tha year 19 ~..8. ......
A local law in relation to ]Electrical Inspections and the Use of Aluminum Wire
Be it enacted by the ......................................... ,,T.%~*..n...~.9...a.~.~. .................................................................. of the
(lqme d L~gialativs Bo~ilr)
~ Southold
of .............................................................................................................................................................. as follows:
Tow~
The Code of the Town of Southold is hereby amended by adding a new Chapter
thereto, to be Chapter 43, to read as follows:
Section 43-1. ADMINISTRATION. This Local Law shall be administered .and
conducted under the supervision of the Building Department of the Town of Southold.
The Town's Building Inspectors, however, shall at no time be required to conduct
electrical inspections nor perform any of the duties hereinafter assigned to electrical
inspectors.
Section 43-2. ELECTRICAL INSPECTOR. The Chief inspector and each of
the duly appointed inspectors of the New York Board of Fire Underwriters are hereby
designated as Electrical Inspectors of the Town of Southold and are authorized and
deputized as agents of the Town of Southold to make inspections and reinspections of
all electrical installations 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 Southold.
~(If addkionai~sp2?jis n~ee~ed~~~e~s~ of the same size as this and number each~
Page i
ou~y oz dqe e;ectr'ica~ n~sueu~or 80 reporB ~n wr~Lng ~o uz~c .,u~ldm~ inspectors w~ose
duty it- shall be to enforce all provisions of this Local Law, all violations, or deviations
from, or orniss~ons of the electrical provisions of the Building Code applicable to the
Town of Southold and of all local laws, ordinances, and the Building' Code as referred
to in this Local Law insofar as any of the same apply to electrical wiring. The
inspector shal] make inspections and reinspections of electrical installations in and
on properties in the Town of Southold upon the written request of a Building Inspector
of the Town of Southold or as herein provided. The inspector ~s authorized to make
inspections and reinspections leading to the issuance of certificate of compliance of
the New York Board of Fire Underwriters of eleetrieal wiring, installations, devices,
applicances and equipment, in or on properties within the Town of Southold where a.
building permit has been issued by the Building Department of the Town of Southotd
or where a property owner or electrical contractor requests such an inspection.
Applications for such inspections are to be made directly to the New York Board of
Fire Underwriters. In addition, application for a temporary certificate must be made
directly to the New York Board of Fire Underwriters where~er there is a change in
electrical service. [n the event of an emergency it is the duty of the inspector zo
make electrical ins~oections upon the oral request of an official or officer of the Town
of Southold.
It shall be the duty of the inspector to furnish written reports to the proper
officials of the Town of Southold and owners and,~or lessees of property where defective
electrical installation and equipment are fo~ndupon inspection. He shall authorize the
issuing of a certificate of compliance when electrical installations and equipment are
in conformity with this Local Law. He shall direct that a copy of the certificate of
compliance be sent to the Town of Southold to the attention of the Building Inspector.
No certificate of occupancy may be issued by the Building Department until receipt
of a copy of said certificate of compliance has been received.
Section 43-4. MATEI:LIAL I:LESTI:LICTIONS.
(a) The use of aluminum wire or wire utilizing aluminum in combination with
other materials where the principal metallic component of such wire is aluminum, e:g
nickel clad, copper clad, etc., American 'wire gauge No. 4, and smaller is prohibited
in any building and/or residence hereafter cons~ruc~ea within the Town of Southold.
This restriction s ..... ~ include al'terations to existing buildings a~nd residences and
repi~cement or repair of exi.sting electrical service.
(b) Aluminum w~re or wire utilizing aluminum in combination with other mater-
ials where the principal metallic component of such wire is aluminum, e. ~., nickel
clad, copper clad, etc., American wire gauge No. 2 and larger, may be used in
buildings and/or residences only when termination and splicing of such wire is by
UL approved compression connec~orso
Section 4~-5. PENALTIES. Any pe'rson who violates any provision of this
Local Law shall be guilty of a violation and shall upon conviction, be subject to. a fine
of not more than ~wo hundred fifty ($2~0~ dollars, or by ~impr[sonment for no~ more
than fifteen days (15), or by both such fine and imprisonment for each offense.
Section ~3-~. VALIDITY. Should any section or provision of this Local Law
be decided by the courts to be unconstitutional or invalid, such decision shall no~ affec~
the validity of the Local Law as a whole or any part thereof other than the part so
dec~ded %o be unconstitutional or invalid.
Section 4~-7. Effective Date. This Local Law shall take effect ~mmediately.
(Complete [he certification in the paragraph which applies to the filing ef !l i~ mca! la;~ and strike out the
matter therein which is nol applicahle.~
1 , lc~ 78
[ hereby ~ertifv that the local law annexed hereto, designat~.d as b,ea, !;i,,. Nr~ ................... el .....
6/k¥ of Southold was duly passed ky the Town Board
of the Town ..................................................... ~i~,;~'",i";'.',:~i~'l'~i..'"{*~][~.', ............................
,.,n ..l~I.~.~7..e.t).. J-.4. .................. 19.%~... m accordance with the applicable provisions of law.
(Passage hy local legislative body with approval or no disapproval b; Electi~-e Chief Executive Officer
or repassage after disapproval.)
1 hereby certify that the local law annexed hereto, designated as local Iaw No .....................of 19 ........
Connty
City
of the Town of ...................................... was duly passdd by the ..................................................................................
(Name of [,e~islative Body}
Village
not disapproved
on .............................................. [9 ........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executiw Officer *r
and was deemed duly adopted on ...................................................... 19 ......... in accordance with the applicable
provisions of law.
(Final adoptiun hy refereudum.)
I hereby certify that the local law annexed hereto, designated as local law No ................. of [9 .........
County
of the City
Town of ...................................... was duly passed by the ......................................................................................
'Name of Legislative Body)
Village
not disapproved
on ................................................... 19 ....... and was approved by the ...............................................................
repassed after disapproval Elective Chief ~xecutive Officer *
on ..................................................................... 19. ........ Such local !aw was submitted to the people by reason of a
mandatop,,
.~ referendum,and received the affirmative vote of a majority of the qualified electors voting
pernuss~ve -
general
thereon at the special election held on ...................................................... 19 ........ , in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum,and final adoption because no valid petition filed ~equesting
referendum. ~
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. .........
County
C i ty
of the Town cf ...................................... was duly passed by the ................................................................................ on
tName of Legislative Body)
Village not disapproved
...... · ................................................ 19 ..... and was approved by the ......................................................... on
repassed after disapproval Elective Chief Executive Officer ~
.............................................................. 19 ..... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local [aw was deemed duly adopted on
...................................................................... 19 ........ , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
(Cit.~ [o~zat law conc. er::,m= Clmrter re,isim~ proposed b) petition.)
Ih¢ r¢-bx c_e~::f ?,tn th, !o :.'. ~ ~'. .m xed hv~:~to,:qe.~atedaslocai law No ............... of 19 ...
o["~n~ Cttyof ......................................................... '~'. _ been submitted. [o ~fcr~a ......... n.~ .... ~ursuantt3 r~o.
~ [~ui~:Law., aving received the affirmative vote of a malomy
provisions
of
special
of the oua!ified electois of such cry voting thereon at the general election held on ..................................
................ 19 ............ became operative.
(County local law concerning adoption of Charter. I
I hereby certify that th? local t:tw annexed hereto, designated as Local Law No ...... of 19 ...... of
County of ......................................... State of New York. having been submitted to the Electors ar th~·
General Election of November ........... 19 ........... pursuant ro subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law, aud having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became-operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
~ I further certify that I have compared the preceding local taw with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph .......... .1. ................ above.
Date:
March 15, 1978
~~~e Clerk
ofllce~: designated by local legislative body
judith T. Terry, Southold Town Clerk
(Seal)
(Certification to he executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ..S....U..F,..F...O....L...K.. ...........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
..... tpr?.y....'
Title
Date:March 15, 1978 ~
Cxk× of ......... .S..p.u...t..h...°.Ld.. ...................................
Town
Page 3
PUBLIC HEARING - LOCAL LAW - ALUMINUM WIRE - P~BRUAR¥ 14, 1978
A public hearing was held on February 14, 1978 at the Southold
Town Hall, Main Road, Southold, New York at 7:30 P.M.
Present were:
Supervisor Albert M. Martocchia
Justice Martin Suter
Councilman James Homan
Councilman Henry W. Drum
Councilman William R. Pell III
Town Attorney Robert W. Tasker
Town Clerk, Judith T. Terry
Justice Suter read the Notice of Hearing.
NOTICE is hereby given that there has been presented to the
Town Board of the Town of Southold on the 10th day of January,
1978, a Local Law entitled "A Local Law in relation to Electrical
Inspections and the use of Aluminum Wire."
Said Local Law provides as follows:
The Code of the Town of Southold is hereby amended by adding a
new Chapter thereto, to be Chapter 43, to read as follows:
Section 43-1. ADMINISTRATION. This Local Law shall be
administered and conducted under the supervision of the Building
Department of the Town of Southold. The Town's Building Inspectors,
however, shall at no time be required to conduct electrical inspect-
ions nor perform any of the duties hereinafter assigned to electrical
inspectors.
Section 43-2. ELECTRICAL INSPECTOR. The Chief Inspector and
each of the duly appointed inspectors of the New York Board of Fire
Underwriters are hereby designated as Electrical Inspectors of the
Town of Southold and are authorized and deputized as agents of the
Town of Southold to make inspections and reinspections of all
electrical installations 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 Tow~ of Southold.
Section 43-3. DUTIES OF THE ELECTRICAL INSPECTOR. It shall be
the duty of the electrical inspector to report in writing to the
Building Inspectors whose duty it shall be to enforce all provisions
of this Local Law, all violations, or deviations from, or omissions
of the electrical provisions of the Building Code applicable to the
Town of Southold and of all local laws, ordinances, and the Building
Code as referred to in this Local Law insofar as any of the same
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PUBLIC HEARING - LOCAL LAW - ALUMINUM WIRE - FEBRUARY 14, 1978
apply to electrical wiring. The inspector shall make inspections
and reinspections of electrical installatioQs in and on properties
in the Town of Southold upon the written request of a Building
Inspector of the Town of Southold or as herein provided. The
inspector is authorized to make inspections and reinspections
leading to the issuance of certificate of compliance of the New
York Board of Fire Underwriters of electrical wiring, installations,
devices, appliances and equipment, in or on properties within the
Town of Southold where a building permit has been issued by the
Building Department of the Town of Southold or where a property
owne~ or electrical contractor requests such an inspection.
Applications for such inspections are to made directly to the New
York Board of Fire Underwriters. In addition, application for a
temporary certificate must be made directly to the New York Board
of Fire Underwriters whereever there is a change in electrical
service. 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 officer of the Town of Southold.
It shall be the duty of the inspector to furnish written
reports to the proper officials of the Town of Southold and owners
and/or lessees of property where defective electrical installation
and equipment are found upon inspection. He shall authorize the
issuing of a certificate of compliance when electrical installations
and equipment are in conformity with this Local Law. He shall
direct that a copy of the certificate of compliance be sent to the
Town of Southold to the attention of the Building Inspector. No
certificate of occupancy may be issued by the Building Department
until receipt of a copy of said certificate of compliance has been
received.
Section 43-4. MATERIAL RESTRICTIONS.
(a) The use of aluminum wire or wiring utilizing aluminum in
combination with other materials where the principal metallic
component of such wire is aluminum, e.g., nickel clad, copper clad,
etc., American wire gauge No. 4, and smaller is prohibited in any
building and/or residence hereafter constructed within the Town of
Southold. This restriction shall include alterations to existing
buildings and residences and replacement or repair of existing
electrical service.
(b) Aluminum wire or wiring utilizing aluminum in combination
with other materials where the peincipal metallic companent of such
wire is aluminum, e.g., nickel clad, copper clad, etc., American
wire gauge No. 2 and larger, may be used in buildings and/or
residences only when termination and splicing of ~uch wire is by
UL approved compression connectors.
Section 43-5. PENALITIES. Any person who violates any provision
of this Local Law shall be guilty of a violation and shall upon
conviction, be subject to a fine of not more than two hundred fi{ty
-3-
PUBLIC HEARING - LOCAL LAW - ALUMINUI~ WIRE - FEBRUARY 14, 1978
($250.00) dollars, or by imprisonment for not more than fifteen
days (15), or by both such fine and imprisonment for each offense.
Section 43-6. VALIDITY. Should any section or provision of
this Local Law be decided by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the Local
Law as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
Section 43-7. Effective Date. This Local Law shall take
effect immediately.
Copies of such Local Law are available at the office of the
Town Clerk for inspection by and distribution to any interested
person during business hours.
NOTICE IS FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law
at the Southold Town Hall, Main Road, Southold, New York on the
7th day of February, 1978, at 7:30 o'clock P.M., at which time
and place all interested persons will be heard.
Dated: January 10, 1978
JUDITH T. TERRY, TOWN CLERK
We have notice of publication from the Long Island Traveler Watchman
notarized on February 10, 1978. And also notice from the Suffolk
Weekly Times notarized January 30, 1978. We have an affidavit from
Judith T. Terry, Town Clerk that it was posted on the bulletin board
of the Town Clerk's Office, Main Road, Southold, N.Y.
SUPERVISOR MARTOCCHIA: I would like to comment that this particular
hearing and the one following were scheduled for last Tuesday. It
was advertised that way. Due to the storm everything was shut down
that particular day in our town hall. The Suffolk Times published
a little notice about it, but not a legal notice because they were
ready to go to press. But we were able to get the legal notice in
the official town paper, the Long Island Traveler of the changes
to tonight. At this point, I~ould like to say that you heard the
reading of the proposal of the law, proper publications in the
Traveler prior to publications. It was posted on the Town Clerk's
bulletin board. The hearing is opened for comments of our people
in Southold Town to think about this localMw and we would like to
hear from you.
JOHN LADEMANN, Cutchogue: I would like to see a paragraph added
in that would say that no electrical wiring for heat, light or power
shall be installed hereafter in a building, nor shall the alteration
or extension of an existing wiring system be made except in conformity
with current edition~ the National E~ectric Code approved by the
American Standards Association. The certificate issued by the
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PUBLIC HEARING - LOCAL LAW - ALUMINUM WIRE - FEBRUARY 14, 1978
Electrical Bureau of the New York Board of Fire Underwriters
shall be presented as certification that such alteration,
installation or e~ension conforms such certificate is issued
after an inspection and certifies that such work is in conformity
with general ~ood practice. In other words, in our town you do
not apply for a building permit, this means the way this e~'~inance
is written that you do not have to get a fire underwriters
certificate, or apply for it, unless an electrician volunteers
to apply for it. Now, if you add in there that it would be
illegal to alter a system then you would have to apply for it.
DONALD TUTHILL, Southold: I would like to make some commentsr
particularly to the need of this law for the protection of our
homes due to the electrical wiring aspect. I am on the County
Licensing Board and we meet up at the Suffolk County Consumers
Affairs Department, so I am aware of the hazards that can develop
through the use of aluminum wire. For any of you that are not
familiar with it, I would like to bring up a few things to do
with it to show you the need of having this law. First of all,
as far as using aluminum, problems are created because aluminum
oxidizes a lot more than copper does. It does what we call "creeps"
because of the slight expansion and contraction when there is a
load put on it, which causes loosening of the terminals. The
aluminum wire is UL approved. The aluminum companies will tell
you it is perfectly safe if properly installed. It takes much
more care to properly install aluminum wire, to do with pipes
or connections and what you can connect it to. It takes a
little more care. We all know that I have been in the business
over 25 years and I try to do the best job. We all know that
some people are a little careless. If you get a little careless
with aluminum wire, it is much more serious than getting careless
with copper. The other thing that comes up with aluminum wire
is that it may be properly installed in a house, but the homeowner
himself may have created a hazard, unknown to himself. He may
simply have a bad outlet or a bad switch, go down to the local
store to get one, but he has no knowledge that it takes a special
type of outlet for a special type of approval° So, he will go
down and just ask for a switch and just put it ino And if it is
the type with the wrong approval there will be more corrosion
which eventually can lead to heat and the possibility of fire.
As far as banning it, in new homes, the cost of aluminum is not
a great deal less than copper today. So, the average electrician
probably, I myself would never consider using it. But when you are
doing development homes, every dollar counts. There is a t~ndency
to use it. I'll put it this way, a few dollars saved in wiring a
ne~ house, when you play that against the possible loss of life
through fire caused by aluminum wire. As far as going back to the
individual, there are ratings on all these receptacles, but it is
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PUBLIC HEARING - LOCAL LAW - ALUMINUM WIRE - FEBRUARY 14, 1978
confusing, even to an electrician, because the ratings have
changed. So, it is very hard for the homeowner to be aware of
these conditions and know how to handle properly any changes in
receptacles which is all normal maintenance in his home. All in
comment, as far as the rest Of the law, I think having the
Building Department police the violations which are turned in
by the fire underwriters will help to get conditions corrected
much quicker than they now are. Now, they often lago There is
nobody to pressure on them. Sometimes, I dare to say, that they
probably never get corrected. All though it means a little more
work for the Building Department, I think it is to everybody's
safety to do so.
SUPERVISOR MARTOCCHIA: Thank you Don. Would anyone else like
to speak for the record?
HOWARD TERRY, Retired Southold Town Building Inspector:
Supervisor and Gentlemen, I am Howard Terry, retired building
inspector. I believe that you have a clipping that I took out
of nationally recognized engineering magazine when I wrote to
you and asked to have this law enacted. Having been active in
the fire department in all different capacities: commissioner,
coordinator, fireman for a good many years, I have been keeping
my eye on different rules and regulations that come along. As
Don says with the handling of aluminum wire, he has to be partic-
ularly careful with it. It is brittle, when you snake it through
a wall, if you happen to get a crack or break in it, this leads to
an arc, oxidizing and so forth. Copper is much more flexible.
And having dug through several fires and scraped up the remains of
several people who burned to death by it, I ask that you should
pass this in the hope that maybe we can prevent other fires.
SUPERVISOR MARTOCCHiA: Thank you Mr. Terry. Would anyone else
like to speak in favor of this proposed ordinance as it is being
considered? (No response.) Is there anyone who would like to
speak in opposition of this proposed ordinance?
GEORGE LESSARD, Mattituck, Pres. of Southold Town Chiefs Council:
I believe that the Town Board is in receipt of a letter Written by the
Southold Town Chiefs Council where we are in favor of this ordinance
because of the fire hazard created by aluminum wire.
SUPERVISOR MARTOCCHIA:
opposition to it?
I thought you were going to speak in
MR. LESSARD: I am sorry. We are definitely in favor of it.
SUPERVISOR MARTOCCHIA: Does anybody want to go back to speak
in favor?
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PUBLIC HEARING - LOCAL LAW - ALUMINUM WIRE - FEBRUARY 14, 1978
JOSEPH KUBACKI, New York Board of Fire Underwriters: I will be
the electrical inspector out here. I don't want to say that I
am against it or for it. All I want to say is that if it goes
through, it will be a great assett to the community. For the
simple reason that when the electrical inspections are made, the
Town will be receiving a copy of the report and they will be able
to keep on top of it. The way it is now, they get no information
from us telling them whether or not there are any violations.in
any buildings, that would create a hazard, commerical or otherwise.
They wil~ a£~o be getting copies of the compliance certificates.
They ~ill receive ~hem h.ere, i~nowing them that the job is completed
and certificates have been issued. As far as the violations and
whau have you, the Town Bos~_'d will be receiving these violations.
·hey will go directly to the Town Board and also to the homeowners.
So everybody will be aware of what is going on. In getting this
information across to the Town Board, especially in commercial
buildings where you have a congregation of people, when there
are any vi~la~ions nobody knows about them unless somebody ~ts
in and notifies the Town Board. Then the Town Board knows that
there are violations pending and they can, more or less, force
these people to correct these violations. There could be hazards.
~st like these cabarets and things where there are a lot of! fires°
People don't know that there are hazards involved in the buildings
until somebody goes in and notifies the town. The Town can ~ither
close the place or force them to comply before there is a hazard°
SUPERVISOR MARTOCCHIA: I'd like to ask a question. I don't know
if I heard you correctly. You indicated that you would notify the
Town Board and the homeowner. Is it our duty to notify the
Building Department, or do you also do that?
MR. KUBACKI: No, we notify the building department and the
homeowner°
SUPERVISOR MARTOCCHIA: No, you said Town Board and homeowner.
MR. KUBACKI: I'm sorry. I meant the building department and
the homeowner. This way the homeowner will be notified. In
case he has a tenant in the home, the homeowner would be notified
that there is a violation.
SUPERVISOR MARTOCCHIA: If anyone of the Board members would like to
question this gentleman, he will be the inspector for this area?
Does anyone else wish to speak for the record? fo~ against, or open
discussion ? (no response)
SUPERVISOR MARTOCCHIA: Mr. Tasker, I would like to ask you, that
proposal that Mr. Lademann made, since it was not advertised in our
legal notice of hearing, I would like to ask if it has merit?
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PUBLIC HEARING - LOCAL LAW - ALUMINUM WIRE - FEBRUARY 14, 1978
TOWN ATTORNEY, ROBERT W. TASKER: I am not an expert on electrical
wiring or on anything else. I would like to ask the man from the
underwriters or perhaps Mr. Lademann to explain the difference
between the standards perhaps the underwriters may have and the
proposal that Mr o Lademann has, that is the National Electrical
Code. Is there a difference between the two standards? And is
so, what are they?
MR. LADEMANN: I'd like to answer what I ask be added. What I am
getting at is if an existing building stands in the Town and
somebody goes in and g~ts the building or let's say tears out
every bit of wiring there and they do not have to apply for a
building permit in the Town of Southold because of the fact that
they are not adding onto an existing dwelling. Somebody can go
in and re-wire under the proposed ordinance without filing for
a New York Board of Fire Underwriters Certificate° Somebody
could actually go in and wire this house full of violations and
there is nothing in that ordinaQce that says that a man has to
apply. This is what I am getting at. The ordinance is goodm but°°
MR° TAKSER: If you had a building which was gutted and had to be
renovated, as I u~derstand it, Howard, wouldn't they have to have
a building permit to re-build?
MR. HOWARD TERRY: Under certain conditions you do, and under
certain conditions you don't. If a person is going to go in
and not make structural changes, just tearing out all the plumbing
and tearing out all the wiring, we have nothing in our ordinance
that requires them to get a building permit° If they are going
to make structural changes, then they have to get a building permit.
Thec~mtically, they could go in tear out all the plumbing, all the
wiring, re-do the whole thing and not have to get a building permit°
.MR. TASKER: Are they supposed to get underwriters approval for
the complete wiring?
MR° HOWARD TERRY: They are supposed to but unless it is specifically
recited in there, they could probably duck it.
MR° TASKER: Getting down to the point~ is there a technical difference
between the standards required by this National Code and as required
by the Underwriters?
MR. LADEMANN; Noo
MR. TASKER: In other words, we would be covered by requiring that .....
MR° HOWARD TEP~Y: We may come to the point, Mr. Attorney, that we
are going to have to require seperate electrical and seperate plumbing
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PUBLIC HEARING - LOCAL LAW - ALUMINUM WIRE - FEBRUARY 14, 1978
permits as most of the other towns do, to cover these instances
where an existing building without structural changes can have
alterations made to their plumbing and electrical systems. We
may have to come to individual permits for these too° Which
may not be a bad idea°
MR o LADEMANN: I work with this everyday. I happen to see where
Kitchen Cabinet Outfits will go in and put a new kitchen in a home,
there is no building permit required° These fellows will try to dQ
their own wiring° There are not really electricians, and this is
really a fire hazard° In some of the instances, we try to tell the
people to move out it is so bad° Open splices and everything. They
don't care, as long as they get in and get out and this is what
happens° If you had an ordinance covering an altered system, they
you would have something to go on.
MR° TUTHILL; I would like to sort of back this up, by saying
you were asking what is the difference. Everything is supposed to
be done according to the Fire Underwriters~ so there is nothing
different required° It's only the fact that it could get done if
it was in this law, whereas now, it doesn't often get done° It's
just a way of verifying that all phases of jobs, small or large,
because somebody could create a fire hazard on a small job too,
unknown to anyone° In fact you just mentioned about cabinetworkers
doing their own electrical work° It would only prevent poor work
from being done and there is no way to police it, or to require it
at this time, without adding it to this law. So, I would definitely
be in favor of adding it°
COUNCILMAN JAMES HOMAN: We will have to study it.
RICHARD CAREY, Village of Greenport: Couldn't we start what we have
here to work with and amend it as we progress along and find out
problems, rather than lose time by not adopting this at the present
time and then trying to catch up with it later° If we adopted this
one and then worked our amendments in as we progressed along. Wbuld
this be more fitting to our type of operation?
MR° TASKER: I guess the basic question is, How can we catch anybody
or how can you require somebody who is installing electrical wiring
and not complying with the standards. Right now we don't require a
building permit, so therefore, the building department doesn't know
anything about ito Of course~ you could take it the other way, If
we required a building permit for any type of alteration. There
would be many alterations that the building department wouldn't know
anything about, they're all internal° Somebody mentioned about having
new cabinets put in a house~ conceivablyv it could be that the building
department doesn't even know that it is going on. And if a building
permit is-required and as part of that requirement is an approval...
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PUBLIC HEARING - LOCAL LAW - ALUMINUM WIRE - FEBRUARY t,4, 1978
Well, if they don't know what is going and if there is no application
for a building permit, it is going to happen anyway. So, I guess the
question is - how can you best police the requirement that all
electrical wiring be in conformance with these standards.
MR. HOWARD TERRY: I think if we adopt what is before the Board
tonight, consideration should be given in the future, to either a
an amendment to this, or an adoption of permits for plumbing and
electrical work for all construction. We have gotten alon? a good
many years by telling them that they have to do this and they have to
do that and most of them do it. Many, many alteration jobs have been
done that we don't know anything about, the assessors don't know about
them, they're a complete void as far as town knowledge. But, I
believe the only way you are going to get them is to require the
additional permits.
MR. KUBAKCI: If I may answer Mr. Tasker, as far as knowing that
people are doing these jobs.and renovations. In my job, I travel
all over. I am in and out of homes, I look around and see what
else is being done. Now~ if there is other work going on at the
same time didn't apply, this can be written up as a violation and
and sent by record to the building inspector, he will know° Or, if
I am in a neighborhood and I see so~7~ body doing some electrical
work, according to what this proposal is~ the Town Board does give
me permission to go in on the premises. I can go in on the premises
and who is doing the wiring in the house. And if they are not
licensed they will be turned over to the Consumer Affairs. And if
they are licensed, I will ask them for an application. This way
you can detect more. Otherwise, it is going to be a little difficult.
You won't get 100%. I do see an awful lot of work going on, this
town I don't notify, but other towns that have ordinances I do notify
them and they do find out what is going on.
SUPERVISOR MARTOCCHIA: Is it the feeling of most of the group here
that the Town Board should perhaps go along with what is proposed
here tonight and then as you see an change that should be brought
in, go ahead and do that. Is there anyone else that would like to
talk on this particular ma%%er? Has everyone had the opportunity
to be heard that wants to be heard? Hearing none, I will bring this
hearing to a close, and I want to thank everyone for coming.
Respectfully submitted,