[Adopted 2-8-1994 by L.L. No. 6-1994[1]]
[1]
Editor's Note: This local law also superseded
former Art. I, Adoption of Standards, adopted 3-24-1981, as amended.
[Amended 3-25-2003 by L.L. No. 31-2003]
A.
All provisions of this article must conform with the
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... ." The Town Board, therefore, hereby accepts the
applicability of the New York State Uniform Fire Prevention and Building
Code. In so doing, the Town Board notes that the State Code specifically
references the NFPA standards in many of its provisions.
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 and the Public Safety and
Emergency Management Administrator. The Fire Marshal and the Public
Safety and Emergency Management Administrator shall continue to administer
and enforce the provisions of the state and local codes as they apply
to the maintenance of existing structures (excluding one- or two-family
dwellings) and the use, storage or handling of hazardous materials.
[Amended 2-8-2022 by L.L. No. 5-2022]
[Amended 3-25-2003 by L.L. No. 31-2003]
A.
The Town Board of the Town of Southampton hereby accepts
the applicability of the New York State Uniform Fire Prevention and
Building Code, in accordance with Article 18 of the Executive Law,
as the Fire Prevention Code for the Town of Southampton. However,
since many administrative functions related to fire prevention are
not addressed in the State Code, such as permits for hazardous materials
and activities, this article codifies the permit system, modeled on
NFPA 1, 2 and 3 (including the annex and appendixes thereto), which
the Fire Marshal has already implemented.
B.
In addition to the State Code and the special provisions
adopted herein, NFPA 303 with reference to fire protection standards
for marinas and boatyards, date of issue 2000, is also adopted.
A.
The provisions of this article shall apply to existing
buildings, structures, marine vessels, premises and conditions, except
that existing buildings, structures, marine vessels, premises and
conditions not in compliance with this article may be permitted to
continue unless, in the opinion of the Fire Marshal or the Public
Safety and Emergency Management Administrator, they constitute a fire
hazard to life or property.
[Amended 2-8-2022 by L.L. No. 5-2022]
B.
The provisions of Article I of this chapter do not apply to one- or two-family dwellings in the normal use or maintenance thereof.
C.
No permits set forth in this article shall be required if the purpose of such permit is for buildings, structures, uses or devices requiring a building permit under Chapter 123, Building Construction, of the Town Code or if such permit is the same as any existing permit, license, certificate or approval issued by this jurisdiction or other governmental unit which has preempted this jurisdiction.
D.
References herein to this code or this article 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 Town of Southampton is granted permission
to impose additional or more stringent provisions, then the provisions
of this code shall apply.
E.
Adoption of this article shall not subject the Town
of Southampton nor any official, employee, independent contractor
or consultant to the Town of Southampton to any civil or other liability
for damages to persons or property by reason of the inspection or
reinspection of buildings, structures, marine vessels, premises and
conditions or failure to inspect or reinspect the same or the issuance
of permits hereunder or any other act or omission hereunder.
[Amended 3-25-2003 by L.L. No. 31-2003]
A.
The Public Safety and Emergency Management Administrator
shall administratively oversee the Chief Fire Marshal and the Division
of Fire Prevention as a division of the Department of Public Safety.
The Department of Fire Prevention shall continue to operate under
the supervision of the Chief Fire Marshal.
[Amended 2-8-2022 by L.L. No. 5-2022]
B.
The Town Board of the Town of Southampton shall appoint
the Chief Fire Marshal, who shall devote full time to his or her duties.
In addition to being a resident of the Town of Southampton with at
least 10 years of service as a fire fighter with a recognized fire
department, which shall include inspection experience, the Town Board
shall, from time to time, establish additional qualifications for
the position of Chief Fire Marshal. The Town Board shall also appoint
as many Fire Marshals as may be necessary to assist the Chief Fire
Marshal in his or her duties.
C.
It shall be the duty of the Chief Fire Marshal to
enforce those portions of the New York State Uniform Fire Prevention
and Building Code addressing firesafety (primarily the Fire Code and
Property Maintenance Code of the State of New York) and this article
of the Code of the Town of Southampton and to delegate any of his
or her powers or duties to the Fire Marshals.
D.
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. In addition, upon the request of the Building Inspector
or the Town Board, the Fire Marshal may enforce or administer other
specific sections of the Code of the Town of Southampton on behalf
of any other department or entity of the Town.
E.
In addition to the other functions and duties granted
to the Department of Fire Prevention by this code or by separate resolution
of the Town Board or local law, the Department shall review all building
permit 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 Chief Fire Marshal. The review shall be
completed and the resulting recommendations shall be returned to the
referring department within 10 days of the receipt of the application
and plans.
F.
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.
G.
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.
H.
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.
[Amended 11-12-2002 by L.L. No. 47-2002]
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:
(1)
Bonfires. All fires conducted outside of a building,
except fires kindled for the instruction of personnel in the methods
of fighting fires or small fires kindled in or upon the ground or
in a barbecue pit, exterior fireplace, cookout device or other similar
out-of-doors eating or cooking device.
(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.
(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, except as excluded under § 164-3C of this article. 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 (§§ 3-6.3.2 and 3-6.3.3).
(6)
Flammable finishing.
(7)
Fireworks. The use of fireworks to provide audio and
visual entertainment to a group of people. Applications for fireworks
displays must be made at least 15 days in advance of the date of the
display.
(8)
Pyroxylin plastics (cellulose nitrate).
(9)
Welding, cutting or other hot work. All cutting, welding
and other hot work must be performed in accordance with the provisions
of NFPA 51-B.
(10)
Tents. Applicants for permits to erect a tent will
be required to submit a certificate that the tent is made of flame-resistive
materials.
(11)
Installation/alteration of commercial cooking vapor
removal system.
(12)
Installation/alteration of commercial fire extinguishing
system.
(13)
Installation of LPG system (one- and two-family homes
exempt).
(14)
Fire suppression sprinkler plans review.
(15)
Smoke/fire detection plans review (one- and two-family
homes exempt).
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.
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 as may be required by
the Fire Marshal and such fees as may be established by the Town 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 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 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 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:
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 Public Safety and Emergency Management Administrator
and 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.
[Amended 2-8-2022 by L.L. No. 5-2022]
N.
Appeals.
(1)
Any person aggrieved by the determination of the Chief
Fire Marshal, or the Public Safety and Emergency Management Administrator,
with respect to a permit, approval or certificate required hereunder
may appeal to the Town Board within 15 days of the receipt of the
determination by filing a written application with the Town Clerk
setting forth the basis for said appeal. A public hearing shall be
held by the Town Board within a reasonable time after the filing of
the application.
[Amended 2-8-2022 by L.L. No. 5-2022]
(2)
The Board shall have the power to affirm, modify or
annul the determination of the Chief Fire Marshal; to vary or waive
any provision of this code; or to render interpretations of the provisions
of this code.
(3)
In any appeal based upon a request for a variance
or waiver of the provisions of this code, the applicant shall have
the burden of establishing that the public health, safety and welfare
will not be adversely affected.
O.
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 Town Board,
a copy of which shall remain on file with the Town Clerk's office.
Fees shall not be refunded in the event that an application is denied,
nor shall there be any reduction in fees for permits issued for a
fractional part of the year.
[Amended 11-12-2008 by L.L. No. 62-2008]
Persons owning, controlling or otherwise having
charge of any fixed fire extinguishing system, fire warning system
or standpipe system shall notify the Fire Marshal, who shall then
notify the local fire company, at any time such system or systems
are inoperable or taken out of service. The Fire Marshal shall also
be notified when service is restored.
[Amended 3-25-2003 by L.L. No. 31-2003]
A.
All premises that the Fire Department may be called
upon to protect in case of fire and that are not readily accessible
from public roads shall be provided with suitable gates, access roads
and fire lanes so that one side of all buildings on the premises is
accessible to fire apparatus.
B.
Fire lanes shall be provided for all buildings that
are set back more than 150 feet from a public road or exceed 30 feet
in height and are set back over 50 feet from a public road.
C.
Fire lanes shall be at least 20 feet in width and
13.6 feet in height with the road edge closest to the building at
least 10 feet from the building. Any dead-end road more than 150 feet
long shall be provided with an adequate area for turnaround fire apparatus,
which may consist of but is not limited to a cul-de-sac at the closed
end at least 60 feet in diameter or a hammerhead which meets industrial
standards.
D.
It shall be the duty of the property owner to install
all signs and pavement markings as set forth by the Chief Fire Marshal
and to maintain all signs and pavement markings so that they are plainly
legible at all times.
E.
It shall be unlawful for any person to park motor
vehicles on or otherwise obstruct any fire lane.
A.
The manager or person in charge of any bar, tavern
or nightclub where the maximum occupancy is over 100 persons shall
provide mechanical or electronic counting devices which shall be utilized
by the management, owner or person in charge to maintain the required
occupancy limits. The management shall produce this device or devices,
as well as the total number of occupants present when such bar, tavern
or nightclub is operating, upon the request of the Public Safety and
Emergency Management Administrator or the Fire Marshal or any police
officer or ordinance inspector or building inspector of the Town of
Southampton. Other methods meeting the intent of this subsection may
be approved by the Fire Marshal on an individual basis.
[Amended 2-8-2022 by L.L. No. 5-2022]
B.
The formation of a stationary line of people in front
of any required or designated exit from any bar, tavern or nightclub
shall constitute an illegal obstruction of the exit.
[Amended 3-25-2003 by L.L. No. 31-2003]
The Fire Marshal may require that all premises
where buildings or portions of buildings, other than one- and two-family
dwellings, are constructed and located in such a manner that access
to public fire hydrants is minimal or of a distance such that the
Fire Marshal can demonstrate that fire-fighting operations would be
impaired shall be provided with a water supply system installed in
accordance with the provisions of Section 508 of the Fire Code of
the State of New York.
[Amended 3-25-2003 by L.L. No. 31-2003; 9-26-2023 by L.L. No. 29-2023]
A.
HAZARDOUS ACCUMULATION
HAZARDOUS MATERIAL
Definitions.
As used in this section, the following terms shall have the
meanings indicated:
An excess quantity (beyond an amount ordinarily used for
the cleaning or maintenance of property) of a hazardous material,
rubbish or unnecessary accumulation of waste, wastepaper, boxes, shavings
or any highly flammable and/or combustible materials that create an
articulable increased risk of fire, combustion, explosion, or other
life-threatening event. Hazardous accumulations shall be determined
as such by a qualified HAZMAT team/operations certified law enforcement
officer when such material presents an articulable risk to public
safety.
Material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
B.
It shall be unlawful to maintain in any building, or upon any premises
or other places within a site, combustible or dangerous accumulations
of a hazardous material, rubbish or unnecessary accumulation of waste,
wastepaper, boxes, shavings or any highly flammable and/or combustible
materials especially susceptible to fire. The provisions of Section
304 of the Fire Code and Section 305 of the Property Maintenance Code
of the State of New York also apply to this article.
C.
Hazardous accumulation. It shall be unlawful to maintain in any building,
or upon any premises a hazardous accumulation of material. Following
a founded HAZMAT team response where a hazardous accumulation of material
is present, it shall be an unclassified misdemeanor chargeable for
each container of a hazardous material in any residential building,
or upon any residentially zoned premises.
D.
Exemptions.
(1)
This section shall not include oil tanks, propane tanks, or
other fuel storage structures for which a valid permit from the Southampton
Town Building Department and/or Southampton Town Fire Marshal's
office has been issued.
(2)
This section shall not include chemicals or other materials
stored within commercially zoned properties pursuant to a valid site
plan issued by Southampton Town.
(3)
This section shall not include properly stored chemicals, fertilizer,
etc., of quantities suitable for site maintenance and/or use.
(4)
This section shall not apply to agricultural or farmland properties.
A.
It shall be unlawful for any person to violate this
article, to permit or maintain such violation, to refuse to obey any
provision thereof or to fail or refuse to comply with any such provision
or regulation except as variation may be allowed by the Fire Marshal.
Proof of such unlawful act or failure shall be deemed prima facie
evidence that such act is that of the owner or other person in control
of the premises. Prosecution or lack thereof of either the owner,
occupant or the person in charge shall not be deemed to relieve any
of the others.
B.
For any and every violation of the provisions of this article, which shall include the failure, refusal or neglect to comply with an order issued by the Fire Marshal, the owner, occupant, general agent, contractor, lessee, tenant or person in charge of an entire building, structure or premises where such violation has been committed or shall exist and the owner, occupant, general agent, lessee, tenant or person in charge of any part of a building, structure or premises in which part of such violation has been committed or shall exist and any other person who knowingly commits, takes part or assists in any such violation or who maintains any buildings, structures or premises in which any such violation shall exist shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for the first offense, $500 for the second offense and $1,000 for the third and subsequent offenses or imprisonment for a period not to exceed 15 days, or both. Any conviction of § 164-6.4, Hazardous accumulations, shall be deemed an unclassified misdemeanor level offense and punishable by a fine not less than $1,000 and not exceeding $3,000 or imprisonment for a period not to exceed 15 days, or both.
[Amended 9-26-2023 by L.L. No. 30-2023]
C.
In addition to any other remedy, an appropriate action
or proceeding may be instituted to prevent an unlawful construction,
erection, alteration, repair, maintenance or use or to restrain, correct
or abate any violation of the code or to enforce compliance with any
order or notice issued by the Chief Fire Marshal to enjoin the use
and occupancy of any building, structure or premises which is in violation
of the provisions of the code or to enjoin any act, conduct, business
or use which constitutes a distinct fire hazard to life or property
or to enjoin any illegal act, conduct, business or use in or about
any building, structure or premises.
D.
Any person violating the provisions of this code relating
to parking in fire zones shall be liable to a minimum fine of $50
for each violation.
