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Village of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (0) Index
A. 
All provisions of this chapter must conform with the applicable standards and provisions in the Fire Code of the State of New York.
B. 
The intent of the State Legislature in enacting Article 18 of the Executive Law, which provided for the applicability of the New York State Uniform Fire Prevention and Building Code to all local governments, was to "reconcile the myriad existing and potentially conflicting regulations which apply to different types of buildings and occupancies...."[1] The Village Board, therefore, hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Codes. In so doing, the Village Board notes that the State Code specifically references the NFPA standards in many of its provisions.
[1]
Editor's Note: See § 371 of the Executive Law.
C. 
The Building and Zoning Department shall continue to administer and enforce the provisions of the state and local codes as they apply to matters requiring an application for a building permit, with recommendations from the Fire Marshal. The Fire Marshal shall continue to administer and enforce the provisions of the state and local codes as they apply to the maintenance of existing structures and the use, storage or handling of hazardous materials.
[Amended 5-23-2017 by L.L. No. 4-2017]
D. 
The provisions of this chapter shall apply to existing buildings, structures, premises and conditions, except that existing buildings, structures, premises and conditions not in compliance with this chapter may be permitted to continue unless, in the opinion of the Fire Marshal, they constitute a fire hazard to life or property.
E. 
The provisions of Article I of this chapter do not apply to one- or two-family dwellings in the normal use or maintenance thereof.
F. 
References herein to "this Code" or "this chapter" are deemed to include the provisions of the State Uniform Fire Prevention and Building Code. In any situation where a conflict exists between a provision of this Code and the New York State Uniform Fire Prevention and Building Code, the provisions of the State Code shall prevail, except that if, pursuant to the provisions of the Executive Law of the State of New York, the Village of Southampton is granted permission to impose additional or more stringent provisions, then the provisions of this Code shall apply.
G. 
Adoption of this chapter shall not subject the Village of Southampton nor any official, employee, independent contractor or consultant to the Village of Southampton to any civil or other liability for damages to persons or property by reason of the inspection or reinspection of buildings, structures, premises and conditions or failure to inspect or reinspect the same or the issuance of permits hereunder or any other act or omission hereunder.
A. 
It shall be the duty of the Fire Marshal to enforce those portions of the New York State Uniform Fire Prevention and Building Codes addressing fire safety (primarily the Fire Code and Property Maintenance Code of the State of New York) and this article of the Code of the Village of Southampton.
B. 
All Fire Marshals shall have the power and authority to issue notices of violation, appearance tickets, and other accusatory instruments relative to the administration and enforcement of the Fire Code, including parking tickets. In addition, upon the request of the Building Inspector, Police or Village Board, the Fire Marshal may enforce or administer other specific sections of the Code of the Village of Southampton on behalf of any other department or entity of the Village.
C. 
In addition to the other functions and duties granted to the Department of Fire Prevention by this Code or by separate resolution of the Village Board or local law, the Department shall review all building permit applications, subdivision applications and plans for all buildings and structures, except one- or two-family residential dwellings. In its review, the Department of Fire Prevention shall consider, among other items, items relative to exits; fire lanes; occupancy load and all factors having an effect thereon; construction restricting the spread of fire; hazardous material storage, use, handling or manufacture; hazardous processes; all fire protection equipment; and all other matters of interest or concern to the Department and the Fire Marshal.
[Amended 5-23-2017 by L.L. No. 4-2017]
D. 
It shall be the duty of the Fire Marshal to periodically inspect the interiors of all premises, except one- and two-family dwellings, for the purpose of ascertaining the existence of any condition which may cause a fire, endanger life due to fire or violate the purpose and intent of this Code.
E. 
The Department of Fire Prevention shall have the authority to investigate the cause, origin and circumstances of any fire or explosion. The appropriate police investigatory authorities shall be contacted immediately if there is reason to believe that a fire or explosion is of incendiary or suspicious origin.
F. 
Fire Marshals shall have the authority to summarily abate any condition that is in violation of any provision of this Code and that presents immediate fire hazard to life or property.
G. 
The Fire Marshal may, at all reasonable hours, enter any building, structure or premises for the purpose of making any inspection or investigation which they may deem necessary to execute, accomplish or promote the purpose and intent of this article in pursuance of the provisions thereof, the laws of the State of New York and the Constitution of the United States.
H. 
If the Fire Marshal determines from his inspection of any building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose he may enter such building or structure or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and for this purpose may close a private or public right-of-way. The Fire Marshal shall cause to be posted at each entrance to such building or structure a notice stating, "This structure is unsafe and its occupancy has been prohibited by the Code Enforcement Official." Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for the purpose of making the required repairs or the demolition thereof.
A. 
A permit must be obtained from the Fire Marshal to conduct any of the following operations or to store, handle or use materials that are considered to present an extra or unusual fire hazard to life or property, as follows:
[Amended 5-23-2017 by L.L. No. 4-2017]
(1) 
Open burning, recreational fires, portable fireplaces and bonfires.
(a) 
Excepted are fires kindled for the instruction of personnel by the Southampton Fire Department in the methods of fighting fires.
(b) 
No person shall kindle or maintain an open burn, recreational fire, portable fireplace or bonfire in such a manner that violates any conditions listed on the approved permit.
(c) 
No person shall kindle or maintain an open burn, recreational fire, portable fireplace or bonfire to be unsafe or hazard-producing as determined by the Village Fire Chief, Fire Marshal, State Forest Ranger or state, county or Village police officer, who may immediately suspend or revoke any permit previously issued.
(2) 
Combustible dust-producing operations.
(3) 
Compressed and liquefied gases.
(a) 
More than 2,000 gallons' individual water capacity or an aggregate water capacity of 4,000 gallons of flammable compressed gases.
(b) 
More than 10,000 gallons' individual water capacity or an aggregate water capacity of 20,000 gallons of nonflammable compressed gases.
(c) 
For each temporary installation of flammable compressed gases in a place of public assembly.
(d) 
More than 2,000 gallons' individual water capacity or an aggregate water capacity of 4,000 gallons of flammable liquefied gas.
(e) 
Storage/retail sale of propane (tank exchange).
(4) 
Explosive materials. Explosives, blasting agents, water gels (slurries) and detonators, as classified by NFPA 495.
(5) 
Flammable and combustible liquids, in amounts over 55 gallons, excluding paints or paint thinners but including operations involving spraying, flow-coating or dipping utilizing flammable or combustible liquids and operation (including the transportation) of asphalt kettles. In addition to the provisions of the State Code, all asphalt kettles shall meet the requirements of the NFPA Code with regard to roofing kettles.
(6) 
Flammable finishing.
(7) 
Public and private firework displays/pyrotechnic displays and special effects. The use of fireworks to provide audio and visual entertainment to a group of people.
(8) 
Pyroxylin plastics.
(9) 
Welding, cutting or other hot work.
(10) 
Tents, canopies and other membrane structures. Permits to erect a tent, canopy and other membrane structures in excess of 400 square feet on residential or commercial properties.
(11) 
Installation/alteration of commercial cooking vapor removal system.
(12) 
Installation/alteration of commercial alternative automatic fire-extinguishing systems.
(13) 
Installation/removal of LPG system (one- and two- family homes exempt).
(14) 
Installation/alteration of automatic fire sprinkler system (one- and two-family home exempt).
(15) 
Installation/alteration of commercial automatic fire alarm and detection system (one- and two-family homes exempt).
(16) 
Installation/alteration of commercial carbon monoxide detection system (one- and two-family homes exempt).
(17) 
Facilities with an H area.
(18) 
Aviation facilities.
(19) 
Dry cleaning.
(20) 
Fruit crop ripening facilities.
(21) 
Fumigation and fogging.
(22) 
Semiconductor fabrication.
(23) 
Lumber and woodworking facilities.
(24) 
Organic coating processes.
(25) 
Industrial ovens.
(26) 
Motor fuel repair operations.
(27) 
High piled storage.
(28) 
Tire rebuilding.
(29) 
Aerosols.
(30) 
Combustible fibers.
(31) 
Corrosive materials.
(32) 
Cryogenic fluids.
(33) 
Flammable gases.
(34) 
Flammable solids.
(35) 
Toxic materials.
(36) 
Organic peroxides.
(37) 
Oxidizers.
(38) 
Unstable materials.
(39) 
Water-reactive materials.
(40) 
Public assemblies of more than 50 people.
B. 
A permit issued under this section shall continue until revoked or for the period of time designated therein at the time of the issuance of the permit. The permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit. Permits shall not be transferable or assignable, and any change in activity, operation, location or ownership shall require a new permit. Should the permit expire prior to receiving a final inspection approval from the Fire Marshal on the described work within the permit, the applicant shall renew the expired permit and pay the applicable permit fee as if it were a new permit application.
[Amended 5-23-2017 by L.L. No. 4-2017]
C. 
The Fire Marshal may grant an extension of the permit time period upon presentation by the permittee of a satisfactory reason for failure to start or complete the work or activity authorized by the permit within the required time period of the permit.
D. 
When a temporary hazardous situation is anticipated for conditions not otherwise regulated by this article, the Fire Marshal is authorized to issue a temporary special permit for the duration of the hazard.
E. 
Only one permit shall be required for each location of a firm that may be required to obtain more than one permit under permit requirements. Such a consolidated permit shall list all hazardous materials or operations covered by the permit. Revocation of any portion or portions of such a consolidated permit for specific hazardous materials or operations shall not invalidate any remaining portion of the permit.
F. 
Applications for permits shall be made to the Fire Marshal on forms provided by him and shall include the applicant's answers in full to inquiries set forth on such forms. Applications for permits shall be accompanied by such data and plans as may be required by the Fire Marshal Installation Forms and such fees as may be established by the Village Board.
G. 
The Fire Marshal shall review all applications submitted, determine compliance with applicable provisions of the code and issue permits as required. If an application for a permit is rejected by the Fire Marshal, the applicant shall be advised of the reasons for such rejection.
H. 
A copy of the permit shall be posted or otherwise readily accessible at each place of operation or carried by the permit holder, as specified by the Fire Marshal.
I. 
Whenever any installation which is pursuant to a permit issued under this article is subject to inspection prior to use is covered or concealed without having first been inspected, the Fire Marshal may require by written notice that such work be exposed for inspection. The Fire Marshal shall be notified when the installation is ready for inspection, and the Fire Marshal shall conduct the inspection within a reasonable period of time. When any construction or installation work is being performed in violation of the plans and specifications as approved by the Fire Marshal, a stop-work order may be issued and written notice shall be issued to the responsible party to stop work on that portion of the work that is in violation. The notice shall state the nature of the violation, and no work shall be continued on that portion until the violation has been corrected.
J. 
Any activity authorized by any permit issued under this article shall be conducted by the permittee, the permittee's agents or employees in compliance with all requirements of this article applicable thereto and in accordance with the approved plans and manufacturers' specifications. No permit issued under this article shall be interpreted to justify a violation of any provision of this article or any other applicable law or regulation. Any addition or alteration of activities conducted under a permit issued under this article or any addition or alteration of approved plans or specifications shall be approved in advance by the Fire Marshal, as evidenced by the issuance of a new or amended permit.
K. 
Permits shall be issued by the Fire Marshal and shall bear the name and signature of the Fire Marshal or that of the Fire Marshal's designated representative. In addition, the permit shall show:
(1) 
Operation or activities for which the permit is issued.
(2) 
Address or location where the operation or activity is to be conducted.
(3) 
Name and address of the permittee.
(4) 
Permit number and date of issuance.
(5) 
Period of validity of the permit.
(6) 
Inspection requirements.
L. 
Any permit issued under this article shall not take the place of any other license or permit required by other applicable codes or laws.
M. 
The Fire Marshal shall have the authority to revoke, suspend or deny the granting of any permit, approval or certificate required by this Code for noncompliance with the provisions of such permit, approval or certificate or failure to meet the provisions of this Code for the issuance of such permit, certificate or approval.
N. 
Permit fees. Fees for each permit under this chapter, including late fees and fees for all lost, stolen, or destroyed permits, shall be established from time to time by resolution of the Village Board, a copy of which shall remain on file with the Village Clerk's office. Fees shall not be refunded in the event that an application is denied.
[Amended 11-24-2009; 4-25-2017]
O. 
Schedule of permit fees.
[Amended 4-25-2017; 12-8-2022 by L.L. No. 23-2022]
Operating permits
Combustible dust-/vapor-producing operations
$225
Storage of compressed and liquefied gases
Up to 10,000 gallons (container water capacity)
$225
In excess of 10,000 gallons (container water capacity)
$225
Storage of retail sale of propane (exchange) 2,000 gallons or less
$225
Explosive materials
$225
Flammable/combustible liquids
Greater than 55 gallons but less than 1,000 gallons
$225
1,000 gallons or greater
$300
Flammable finishing
$225
Public/private fireworks and pyrotechnic displays
$550
Late fee — application received less than 14 days prior to event
$150
Pyroxylin plastics
$225
Welding and other hot work
$225
Facilities with an H area
$225
Aviation facilities
$225
Dry cleaning
$225
Fruit crop ripening facilities
$225
Fumigation and fogging
$225
Semiconductor fabrication
$225
Lumber and woodworking facilities
$225
Organic coating processes
$225
Industrial ovens
$225
Motor-fuel-dispensing facilities and repair garages
$225
High piled storage
$225
Tire rebuilding
$225
Aerosols
$225
Combustible fibers
$225
Corrosive material
$225
Cryogenic fluids
$225
Flammable gases
$225
Flammable solids
$225
Toxic materials
$225
Organic peroxides
$225
Oxidizers
Class 1
$225
Class 2
$225
Class 3
$225
Class 4
$225
Unstable Materials
Class 1
$225
Class 2
$225
Class 3
$225
Class 4
$225
Water reactive materials
$225
Single event permits
Open burning, recreational fires, portable fireplaces and bonfires
$75
Late fee (Late fee is charged after 4:00 p.m. on the working day two days before the event. For weekend events, the fee will be charged after 4:00 p.m. on the Wednesday prior to the event.)
$25
Tents, canopies and other membrane structures
Less than 1,000 square feet
$100
1,000 square feet but less than 3,600 square feet
$225
3,600 square feet but less than 5,000 square feet
$325
5,000 square feet but less than 10,000 square feet
$425
10,000 square feet but less than 15,000 square feet
$525
15,000 square feet or greater
$625
Tents/canopies, commercial-sponsored event sponsored by a business located outside of the Village of Southampton
$1,000
Special event on beach, tent permit
$550
Tent late fee (Late fee is charged after 4:00 p.m. on the working day two days before the event. For weekend events, the fee will be charged after 4:00 p.m. on Wednesday prior to the event.)
$100
Compressed and liquefied gases
For each temporary installation 2,000 gallons or less
$50
TLPG late fee (Late fee is charged after 4:00 p.m. on the working day two days before the event. For weekend events, the fee will be charged after 4:00 p.m. on Wednesday prior to the event.)
$25
Public assembly annual operating permit
More than 50 people
$225
Permits for system installation: If any fire-protection system is modified or commencement of any installation is started without the benefit of applicable fire prevention permit, all fees associated with said modification or installation will be equal to double the otherwise applicable fee for all fire-prevention permits
Plan review for commercial cooking vapor removal system
$225
Each additional resubmittal review
$75
Each additional acceptance test inspection required until final approval is granted
$150
Plans review for commercial alternative fire extinguishing system (wet/dry)
$225
Each additional resubmittal review
$75
Each additional acceptance test inspection required until final approval is granted
$150
Plan review for installation of aboveground/underground LPG system (one- and two-family exempt)
$225
Each additional resubmittal review
$75
Each additional acceptance test inspection required until final approval is granted
$150
Plans review for fire sprinkler system (one- and two-family exempt)
$225
Each additional resubmittal review
$75
Each additional acceptance test inspection required until final approval is granted
$150
Plan review for automatic fire alarm and detection system
$225
Each additional resubmittal review
$75
Each additional acceptance test inspection required until final approval is granted
$150
Plan review for carbon monoxide detection/alarm
$225
Each additional resubmittal review
$75
Each additional acceptance test inspection required until final approval is granted
$150
Plan review for installation of aboveground/underground flammable/combustible liquid tank
$225
Each additional resubmittal review
$75
Each additional final inspection required until final approval is granted
$150
Removal of underground flammable/combustible liquid tank
$150
Plan review for any "H" occupancy or area
$225
Each additional resubmittal review
$75
Each additional final inspection required until a final approval is granted
$150
Tenant certificate of occupancy
$225
Fire Prevention or Building Department presubmission plan review
$225
Should the applicant request an inspection from the Fire Marshal's office after normal business hours or on weekends, the applicant will be responsible in paying an additional fee at the rate of $150 per hour. In the event only a portion of an hour has been completed, it shall be rounded up to the next full hour. Minimum fee $450. *Subject to Fire Marshal availability.
P. 
If any of the above-referenced permits and/or fees are part of a special event, the Village Board shall have the authority to waive the scheduled fee.
Q. 
Special inspections.
(1) 
General. Where application is made for construction as described in this section and when required by the Fire Marshal, the owner or the registered design professional in responsible charge acting as the owner's agent shall employ one or more third-party special inspector(s) or plan examiner(s) to provide inspections and or plan reviews, or both, regarding construction on the types of work listed under Chapter 58 or when under the discretion of the Fire Marshal. The special inspector/examiner shall be a qualified person who shall demonstrate competence, to the satisfaction of the Fire Marshal, for inspections and/or plan examinations of the particular type of construction or operation requiring special inspection or examination. These inspections are in addition to the inspections specified in § 109 of the NYS Building Code.
(2) 
Qualifications. Special inspectors and/or plan examiners/agencies for fire protection equipment referenced in this chapter shall have expertise in fire protection engineering.
(3) 
Inspection report requirement. Special inspectors shall keep records of inspections The special inspector shall furnish inspection reports to the Fire Marshal, and to the registered design professional in responsible charge. Reports shall indicate that work inspected was done in conformance to approved construction documents, manufacturers' specifications and applicable reference standards. Discrepancies shall be brought to the immediate attention of the contractor so the contractor can correct same. If the discrepancies are not corrected, the discrepancies shall be brought to the attention of the Fire Marshal and to the registered design professional in responsible charge prior to the completion of that phase of the work. A final report of inspections documenting required special inspections and correction of any discrepancies noted in the inspections shall be submitted periodically at a frequency agreed upon by the permit applicant and the Fire Marshal prior to the start of work.
(4) 
Final reports. A complete report of all testing shall be prepared by the special inspector or special inspection agency and shall be submitted to the design professional. The report shall be reviewed by the responsible registered design professional and, when satisfied that the design intent has been achieved, the responsible registered design professional shall seal, sign and date the report.
(5) 
Plan examiner report requirement. The special plans examiner shall furnish a written report to the Fire Marshal along with an approved set of drawings and specification. Reports shall indicate that the plans and specifications are in conformance with the New York State Fire Code, manufacturers' specifications and applicable reference standards. Any discrepancies shall be brought to the immediate attention of the Fire Marshal and contractor so the contractor can correct and resubmit same. A final report shall be submitted and a permit issued by the Department of Fire Prevention prior to the start of work.
(6) 
Report filing. A copy of the final report shall be filed with the Fire Marshal, and an identical copy shall be maintained in an approved location at the building.
A. 
Operative condition required; audible alarms outside building; false alarms.
(1) 
Any equipment which shall have been installed in accordance herewith shall be maintained in operative condition at all times. Normal maintenance or repair shall not require a fire-prevention permit.
(2) 
Any fire protection equipment, fire alarm system or fire sprinkler system that causes more than two false fire alarm notifications within a one-month period shall be deemed an improperly maintained system and thereby a violation of this section of the Village of Southampton Code.
B. 
Tests, repairs, alterations or additions.
(1) 
It shall be unlawful for any owner or occupant to reduce the effectiveness of any equipment installed pursuant hereto, except this shall not prohibit the owner or occupant from temporarily reducing or discontinuing the protection where necessary to make repairs, alterations or additions with a required Fire Prevention permit.
(2) 
When a fire-protection system will be inoperative for reasons of service, repair or other reason for more than four hours, the Fire Marshal and Fire Chief shall be notified before such tests, repairs or alterations are started.
(3) 
The Fire Marshal may require an appropriate alternative method of fire protection and/or a twenty-four-hour fire watch and/or both until said permanent fire protection system is returned to normal operation.
(4) 
Whenever a required fire-protection system is placed out of service or partially impaired the Fire Marshal and Fire Chief shall be immediately notified. The owner, tenant or designated impairment coordinator shall require the building be evacuated or an approved fire watch provided in accordance with Fire Code of New York State and Fire Marshal requirements while the building is occupied. A fire watch inspection log shall be maintained on site and made immediately available upon Fire Marshal request.
[Added 5-23-2017 by L.L. No. 4-2017; amended 12-8-2022 by L.L. No. 23-2022]
C. 
Sprinkler systems, standpipe systems, fire alarm systems and other fire protective or extinguishing systems or appliances shall be tested each year in accordance with the applicable reference standard and the appropriate Village form for such test completed and shall be filed with the Fire Marshal within 10 days of such test. Incomplete inspection forms shall subject the inspection service company or vendor to the penalties set forth in this chapter.
D. 
Fire extinguisher contractor regulations.
[Amended 5-23-2017 by L.L. No. 4-2017]
(1) 
Fire extinguisher contractors shall be licensed by the County of Suffolk in order to install, inspect, and maintain portable fire extinguishers and fixed fire extinguishing systems.
(2) 
All portable fire extinguishers and fixed fire extinguishing systems shall be inspected, tested, and maintained by fire extinguisher contractors in accordance with the New York State Uniform Fire Prevention and Building Code and referenced NFPA standard.
(3) 
Inspection tags shall display the name of the inspecting company, address, phone number, month and year of inspection, name of inspector, inspector's FELB license number and the serial number of the fire extinguisher/fire suppression system inspected.
E. 
Inspection of heating equipment.
(1) 
All oil-fired, propane or natural-gas hot-water heaters and heating equipment shall be maintained in operative condition at all times. Said appliances shall be maintained in accordance with manufacturer's instructions and inspected by a qualified service technician at the frequency required or recommended by the manufacturer. In the absence of such manufacturer's recommendation or requirement, an annual inspection by a qualified technician shall be performed.
(2) 
A written copy of such inspection report shall be kept on the premises tagged on the units and made available for inspection by the Fire Marshal upon request. Pressure boilers regulated by the Department of Labor and which receive biannual pressure-vessel inspections are not subject to this subsection.