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Home My WebLink AboutAG-11/29/2022 Town Hall, 53095 Main Road DENIS NONCARROW P.O. Box 1179 TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD AGENDA FINAL SOUTHOLD TOWN BOARD November 29, 2022 7:00 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov <http://www.southoldtownny.gov> and following either of the following: (1) Move pointer over “Government” on the Town website home page. You will find the title “Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings and Agendas”. or (2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose “Access”, then “Southold Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. Due to the expiration of the New York State Governor’s Executive Orders regarding the COVID-19 pandemic in-person access to the Public will now be permitted. The meeting will still be accessible via Zoom and streamed live on the Town’s website. The meeting can be viewed live by going to the Town’s website at www.southoldtownny.gov <http://www.southtownny.gov> home page. Click on the “Government” tab, once the drop down menu appears, under “Town Supervisor/Town Board”, click on “Southold Town Board Minutes and Agendas” which takes the user to the Town of Southold Meeting Portal page. Once on the Meeting Portal page, click on the date of the meeting you wish to view and then click on “Video”. A recording of the meeting will also air on Channel 22 and will be posted on the Town’s website Instructions and link to attend the meeting will be available on the Town’s website or by calling the Town Clerk’s office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at denisn@southoldtownny.gov <mailto:denisn@southoldtownny.gov>and Lynda.rudder@town.southold.ny.us <mailto:Lynda.rudder@town.southold.ny.us> . Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. Call to Order 7:00 PM Meeting called to order on November 29, 2022 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Councilman Greg Doroski    Councilman Brian O. Mealy    Councilwoman Jill Doherty    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. Reports 1. Trustees Monthly Report October 2022 2. Tracking Report Third Quarter II. Public Notices III. Communications IV. Discussion 1. 9:00 Am - Peggy Lauber, North Fork Audubon Presentation for Southold Shorebird Report 2022 2. 9:30 Am - Karen McLaughlin, Town Director of Human Resources 2023 Upgrades and Repairs to the Human Resource Center 3. 9:45 Am - Leslie Weisman ZBA/Planning Board Required Annual Training for 2023 4. 10:00 Am - Heather Lanza, Planning Director Request to Call for Full-Time Office Assistant List 5. 10:15 Am - Members of the Agricultural Advisory Committee Accessory Apartment Code Amendments 6. Councilwoman Nappa Adding Uses to Development-Rights-Sold Agricultural Land (PDR Lands) 7. Set Code Committee Meeting for Chapter 70 8. Councilwoman Nappa Transportation Commission Request-RFP for Electric Vehicle Charging Stations in Municipal Parking Lots 9. Councilwoman Doherty and Deputy Town Attorney John Burke Update on ARPA Funds for Non-Profits 10. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicly Would Substantially Affect the Value Thereof 12:30 P.M. - Melissa Spiro, Land Preservation Coordinator 11. EXECUTIVE SESSION - Legal Advice 1:00 P.M. - Kevin Webster, Board of Assessors Chairman 12. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(S) 1:15 P.M. - Leslie Weisman, Zoning Board of Appeals Chairperson 1:30 P.M. - Michael Collins, Dan Goodwin and Michael Verity 2:00 P.M. - Kristie Hansen-Hightower, Town Comptroller Government Liaison Position Town Attorney Position V. Resolutions 2022-932 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November, 29th, 2022.  Vote Record - Resolution RES-2022-932 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Greg Doroski      Tabled Withdrawn  Brian O. Mealy     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-933 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 13th, 2022 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2022-933 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2022-934 CATEGORY: Agreements - Non DEPARTMENT: Land Management Coordination Agreement with the New York State Dept. of Environmental Conservation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Cooperative Agreement with the New York State Department of Environmental Conservation to facilitate the Town managing tidal wetland rehabilitation planning and work on certain lands of the New York State Department of Environmental Conservation being situated in the Town of Southold, NY, known as Broad Meadow subject to the approval by the Town Attorney.  Vote Record - Resolution RES-2022-934 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa      Defeated  Tabled Greg Doroski      Withdrawn Brian O. Mealy     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2022-935 CATEGORY: Budget Modification DEPARTMENT: Land Preservation 2022 Budget Modification - Land Preservation Financial Impact: Transfer funds to cover overtime costs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Community Preservation Fund budget as follows: From: CM.8710.1.100.100 Land Preservation, FT Employees Regular Earnings $6,050 Total $6,050 To: CM.8710.1.100.200 Land Preservation, FT Employees Overtime Earnings $6,050 Total $6,050  Vote Record - Resolution RES-2022-935 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-936 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney Community Development Block Grant Program Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute agreements and any other necessary documentation between the Town of Southold and the Suffolk County Office of Community Development in connection with the Community Development Block Grant Program for September 1, 2022 - August 31, 2024, fully funded by the Department of Housing and Urban Development (HUD), subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2022-936 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-937 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Riane Smith RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Riane Smith from the position of Seasonal Full Time Tax Cashier for the Tax Receiver’s Office effective November 17, 2022.  Vote Record - Resolution RES-2022-937 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-938 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 11/21/22 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated November 21, 2022 meeting, as follows: FIFD Resolution# Regarding 2022 - 182 Budget Modification  Vote Record - Resolution RES-2022-938  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-939 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Resignation Board of Ethics Secretary RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Lynda M Rudder for the position of Board of Ethics secretary, effective immediately.  Vote Record - Resolution RES-2022-939 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-940 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-183 WHEREAS Hunter Kucsera has resigned from his position as Laborer (FIFD) with the Fishers Island Ferry District effective Wednesday November 30, 2022; THEREFORE, IT IS RESOLVED that the Board of Commissioners accepts the resignation of Mr. Kucsera with effect November 30, 2022. Mr. Kucsera has no paid time off accruals and no further payments are due to him.  Vote Record - Resolution RES-2022-940 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2022-941 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #5527 effective November 9, 2022 pursuant to the Family Medical Leave Act.  Vote Record - Resolution RES-2022-941 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-942 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Amend Resolution Number 2022-893 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2022-893 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-172 of the Fishers Island Ferry District adopted October 24, 2022 which reads as follows: Whereas Captain Christopher Newell wishes to change his working status from full-time to part-time; and Therefore it is RESOLVED that effective November 2, 2022 Christopher Newell has retired from his full-time Captain FIFD) position and on November 3, 2022 is appointed as a part-time Captain (FIFD) at his current rate.  Vote Record - Resolution RES-2022-942  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2022-943 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement UFSD Oysterponds - Old Schoolhouse Park Financial Impact: lease agreement RESOLVED that the Town Board of the Town of Southold authorizes and directs Town Supervisor Scott A. Russell to execute an agreement with the Oysterponds UFSD Board of Education to lease the Old Schoolhouse Park for the period of ten (10) years, at a cost of $10 dollars, subject to approval by the Town Attorney.  Vote Record - Resolution RES-2022-943 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2022-944 CATEGORY: Budget Modification DEPARTMENT: Public Works 2022 Budget Modification- DPW Financial Impact: Funds for end of year porta john rentals. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.1620.4.400.200 Buildings & Grounds, Property Maint/Repairs $1,100 Total $1,100 To: A.1620.4.400.700 Buildings & Grounds, Building Rentals $1,100 Total $1,100  Vote Record - Resolution RES-2022-944 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-945 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Trustees Red Knot Bird Monitoring Agreement Financial Impact: Funded from Budget line A.8090.4.500.300 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a one (1) year contract with Glenn Just to conduct Red Knot Bird Monitoring during dredging operations in Southold Town Waters pursuant to the requirements of the United States Fish and Wildlife Service Special Conditions, at a rate of one hundred and twenty five ($125.00) dollars per hour, with the total amount not to exceed $1,100, funded from budget line A.8090.4.500.300, all in accordance with the approval of the Town Attorney.  Vote Record - Resolution RES-2022-945 Yes/Aye No/Nay Abstain Absent  Adopted  Adopted as Amended Sarah E. Nappa     Defeated  Greg Doroski     Tabled  Brian O. Mealy     Withdrawn  Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  2022-946 CATEGORY: Budget Modification DEPARTMENT: Town Attorney 2022 Budget Modification - Town Attorney Financial Impact: Transfer of funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.1420.2.200.100 Desks & Chairs $ 400 A.1420.2.200.200 Other Office Equipment 635 A.1420.4.500.300 Consultants 10,000 Total $ 11,035 To: A.1420.4.500.100 Legal Counsel $ 11,035 Total $ 11,035  Vote Record - Resolution RES-2022-946  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-947 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2022 Budget Modification: SWMD Financial Impact: Provides funds for overdrawn accounts and for scrap tire removal. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste Management District budget as follows: From: SR 8160.4.100.597 Maint/Supplies Morbark Grinder $5,119 SR.8160.4.100.995 Signage 500 SR.8160.4.400.653 Repairs, New Volvo 2 1,500 SR.8160.4.400.910 Equipment Rental 900 Total $8,019 To: SR.8160.4.100.554 Maint/Supply New Volvo 2 $2,109 SR 8160.4.400.815 Scrap Tire Removal 2,200 SR.8160.4.400.824 Clean Paper Recycle Fees 2,525 SR.8160.4.400.839 Glass Recycle Fees 1,185 Total $8,019  Vote Record - Resolution RES-2022-947 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-948 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Frederic J. Visser III Fire Marshal I RESOLVED that the Town Board of the Town of Southold hereby appoints Frederic J. Visser III to the position of Fire Marshal I for the Building Department, effective December 15, 2022, at a rate of $58,302.69 per annum.  Vote Record - Resolution RES-2022-948 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-949 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2022 Budget Modification Financial Impact: For the purchase of flares RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.3120.2.500.850 Police/Equip/Other Equip/Traffic Cones & Barricades $1,500 Total $1,500 To: A.3120.4.100.550 Police /CE/Supplies & Materials /Flares,Oxygen& Ammo $1,500 Total $1,500  Vote Record - Resolution RES-2022-949  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2022-950 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk LDC Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Charles C. Barkley as a member of the Southold Local Development Corporation effective through December 31, 2022.  Vote Record - Resolution RES-2022-950 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended   Defeated Sarah E. Nappa      Tabled Greg Doroski     Withdrawn  Brian O. Mealy     Supervisor's Appt  Tax Receiver's Appt  Jill Doherty     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2022-951 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Appoint Special Counsel Devitt Spellman Barrett, LLP Financial Impact: Legal RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett, LLP. as Special Counsel to represent the Southold Town Board, in an action in Supreme Court, Suffolk County, in the matter of the Application of FTKS Holdings, LLC v. Town of Southold.  Vote Record - Resolution RES-2022-951 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-952 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Sabrina Born to Senior Account Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Sabrina Born to Senior Account Clerk for the Office of the Town Clerk, effective November 16, 2022, at a rate of $65,378.49 per annum.  Vote Record - Resolution RES-2022-952 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-953 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 260 Duck Pond Road WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 15 day of November, 2022, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Parking on Duck Pond Road in the hamlet of Cutchogue” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Parking on Duck Pond Road in the hamlet of Cutchogue” which reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Parking on Duck Pond Road in the hamlet of Cutchogue” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for emergency vehicles, pedestrian and passenger vehicles, as well as dealing with impacts to the public’s health, safety and welfare resulting from vehicles parking and standing on a portion of Duck Pond Road in the hamlet of Cutchogue. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 260-8 Parking prohibited at all times. Duck Pond Road Both Sides In Cutchogue, from a distance 400 feet from the northerly terminus of Duck Pond Rd southerly to a point 150 feet south of the intersection with Birch Lane. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2022-953  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  Greg Doroski     Withdrawn  Brian O. Mealy     Supervisor's Appt  Tax Receiver's Appt  Jill Doherty     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2022-954 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Enact LL - Chapter 144 Fire Prevention & Building Code WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, st on the 1 day of November, 2022, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 144, Fire Prevention and Building Code Administration, in connection with Updates to the New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to an Amendment to Amendment to Chapter 144, Fire Prevention and Building Code Administration, in connection with Updates to the New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law” which reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, “A Local Law in relation to an Amendment to Amendment to Chapter 144, Fire Prevention and Building Code Administration, in connection with Updates to the New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for building projects within the Town of Southold, as well as dealing with impacts to the public’s health, safety and welfare resulting from the same. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: § 144-1 - Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law." § 144-2 - Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on January 1, 1984, and the State Energy Conservation Construction Code (the Energy Code), which shall take effect on January 1, 2007, and which every local government shall administer and enforce on and after such date. It is the purpose of t This chapter to provides for the administration and enforcement of the New York State Uniform Code in the Town of Southold. of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town of Southold. This chapter is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this chapter. § 144-3 - Administration and enforcement officers designated; definitions. A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building Inspector") to administer and enforce the Uniform Code and the Energy Code and the provisions of this chapter. B. In addition to the inspectors, as provided by Subsection A of this section, the Town Board may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. C. For this chapter, the term "Building Inspector" shall include and refer to: (1) Building Inspectors of the Town of Southold; (2) The Director of Code Enforcement of the Town of Southold; (3) The Engineer Inspector of the Town of Southold; (4) Building Permits Examiner; (5) Fire Inspector; and (6) All Code Enforcement Officers. D. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). ASSEMBLY AREA - An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes. BUILDING PERMIT - A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term “Building Permit” shall also include a Building Permit which is renewed, amended, or extended pursuant to any provision of this chapter. CANOPY See "tent." CERTIFICATE OF COMPLIANCE - A document issued by the Town of Southold stating that work was done in compliance with approved construction documents and the Codes. CERTIFICATE OF OCCUPANCY - A document issued by the Town of Southold certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Town of Southold, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. CODE ENFORCEMENT OFFICER - The Code Enforcement Officer appointed pursuant to subdivision (b) of section 144-3 of this chapter. CODE ENFORCEMENT PERSONNEL - The Code Enforcement Officer and all Inspectors. CODES - The Uniform Code and Energy Code. ENERGY CODE - The State Energy Conservation Construction Code, as currently in effect and as hereafter amended. The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law. FCNYS - The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION - An inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. HAZARDOUS PRODUCTION MATERIALS - A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. INSPECTOR - An inspector appointed pursuant to subdivision (d) of section 144-3 of this chapter. MOBILE FOOD PREPARATION VEHICLES - Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles. OPERATING PERMIT - A permit issued pursuant to section 10 of this chapter. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this chapter. ORDER TO REMEDY - An order issued by the Building Inspector pursuant to subdivision (a) of section 17 of this chapter. PERMIT HOLDER - The person to whom a building permit has been issued. PERSON - An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. PMCNYS - The 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226. RCNYS - The 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220. REPAIR - The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. SOLAR POWER FAST TRACK PROGRAM - A program to expedite all applications for standard installations of solar electric and solar hot water energy systems on residential buildings and legal accessory structures on residential property as developed by Long Island Unified Solar Permitting Initiative. STANDARD INSTALLATION - Those installations that meet the following criteria, and any subsequent amendment thereto: (1) Are not subject to architectural review or review by the Architectural Review Board or Landmark Preservation Commission; (2) Are proposed for installation on a roof with a single layer of roof covering; (3) Are to be flush-mounted parallel to the roof surface and no more than six inches above the surface; (4) Have an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge; (5) Create a roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW); (6) Be installed by LIPA-authorized contractors; (7) Use PV panels that have been certified by a nationally-recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703 and inverters must be on a list of New York State Public Service Commission type tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL 1741; (8) Use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors; (9) Use other equipment such as modules, combiner boxes and a mounting system that have been approved for public use; and (10) Be in full compliance with all current National Electrical Code (NEC) requirements. STOP WORK ORDER - An order issued pursuant to section 6 of this chapter. SUGARHOUSE - A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar. TEMPORARY CERTIFICATE OF OCCUPANCY - A certificate issued pursuant to subdivision (d) of section 7 of this chapter. TENT - A structure, enclosure or shelter, including structures open without sidewalls or sidewalls that drop on 75% or more of the perimeter, constructed of fabric or pliable material supported by any manner except by air or the contents it protects. TOWN - The Town of Southold. UNIFORM CODE - The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law. § 144-4 - Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. § 144-5 - Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and Energy Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. B. The Building Inspector shall receive, review, and approve or disapprove applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code, Energy Code and other laws, ordinances and regulations governing building construction. C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this chapter, shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this chapter and shall have the following powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and the plans, specifications, and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include in terms and conditions as the Building Inspector may determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; (3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter; (1) (4) To issue stop-work orders; (2) (5) To review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this local law; (3) (7) To maintain records; (4) (8) To collect fees as set by the Town Board of the Town of Southold; (5) (9) To pursue administrative enforcement actions and proceedings; (6) (10) In consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and (7) (11)To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by this chapter. D. The Building Inspector shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. E. In the event that the Building Inspector is unable to serve as such for any reason, another individual shall be appointed by the Town Board to serve as a Building Inspector, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Building Inspector by this chapter. F. One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Building Inspectors and to assist the Building Inspectors in the exercise of the powers and fulfillment of the duties conferred upon the Building Inspectors by this chapter. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder. G. The compensation for the Building Inspectors shall be fixed from time to time by the Town Board of this Town of Southold by resolution or collective bargaining agreement as applicable. E. H. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. F. I. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including records of: (1) All applications received, reviewed and approved or denied; (2) All plans, specifications and construction documents approved; (3) All building permits, certificates of occupancy, and stop-work orders issued; (4) All inspections and tests performed; (5) All statements and reports issued; (6) All complaints received; (7) All investigations conducted; (8) All fees charged and collected. J. The Building Inspector shall keep permanent official records of all transactions and activities conducted by all Building and Code Enforcement Personnel, including records of: (a) all applications received, reviewed and approved or denied; (b) all plans, specifications and construction documents approved; (c) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (d) all inspections and tests performed; (e) all statements and reports issued; (f) all complaints received; (g) all investigations conducted; (h) all condition assessment reports received; (i) all fees charged and collected; and (j) all other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this chapter. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. K. G. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation. L. H. Program review and reporting. (1) The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. (2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town, relative to administration and enforcement of the Uniform Code. (3) The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials in this Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of this Town in connection with administration and enforcement of the Uniform Code. (4) The Building Inspector shall annually submit to the Town Board of this Town of Southold a written report and summary of all business conducted by the Building Inspector and its staff, including a report and summary of all transactions and activities described in section 14 (Record Keeping) of this chapter and a report and summary of all appeals or litigation pending or concluded. (5) The Building Inspector shall annually submit to the Secretary of State, on behalf of this Town of Southold, on a form prescribed by the Secretary of State, a report of the activities of this Town of Southold relative to administration and enforcement of the Uniform Code. (6) The Building Inspector shall, upon request of the New York State Department of State, provide to the New York State Department of State, true and complete copies of the records and related materials this Town of Southold is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of State. M. I. The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem appropriate: (1) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in a manner which violates this chapter of the Code; (3) If appropriate, issuing a stop-work order; (4) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 144-6 - Inspections required. A. Construction inspections (1) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an Inspector authorized by the Building Inspector. The Permit Holder shall notify the Building Inspector when any element of work described in subsection A(2) of this section is ready for inspection. (2) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: (a) Work site prior to the issuance of a Building Permit; (b) Footing and foundation; (c) Preparation for concrete slab; (d) Framing; (e) Structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building; (e) (f) Building systems, including underground and rough-in (f) (g) Fire resistant construction; (g) (h) Fire resistant penetrations; (h) (i) Solid fuel burning heating appliances, chimneys, flues, or gas vents; (i) (j) Energy Code compliance. Inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls; (k) Installation, connection, and assembly of factor manufactured buildings and manufactured homes; and (j)(l) A final inspection after all work authorized by the Building Permit has been completed. (3) Remote inspections. At the discretion of the Building Inspector or Inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in-person inspection when, in the opinion of the Building Inspector or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector or by such authorized Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Building Inspector or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed. (3)(4) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (5) FEE. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. B. Firesafety and property maintenance inspections. (1) Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector at the following intervals: (a) Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months. (b) Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection B(1)(a), and all nonresidential buildings, structures, uses and occupancies not included in Subsection B(1)(a), shall be performed at least once every 36 months. (2) Inspections permitted. In addition to the inspections required by Subsection B(1) of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector at any time upon: (a) The request of the owner of the property to be inspected or an authorized agent of such owner; (b) Receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (c) Receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. C. Inspection of tents. (1) The Building Inspector or Code Enforcement Official shall perform inspections on tents prior to the event for which the tent is to be used. Tents must comply with all requirements of the New York State Building Code and the following standards: (a) Sufficient exiting to a public way. (b) Tents over 200 square feet shall be made of flame-resistant materials. A certificate attesting to that fact shall be available on site for inspection. (c) All electrical supply shall be ground fault interrupted (GFI) at the source. (d) Tent stakes shall be capped or covered in such a way to present no hazard to the public. (e) No cooking shall be allowed under the tent. (f) All exiting aisles shall be maintained at a minimum of six feet wide. (g) If the event under the tent is conducted after sunset, illuminated exit signs and emergency exit lighting shall be provided. The lighting shall be on a separate circuit. (h) Guy ropes shall not pass through exit paths unless maintained more than seven feet above grade. Tent stakes shall not be in exit paths. (i) Fire extinguishers as required by New York State Building Code and the Town Building Inspector/Code Enforcement Official shall be provided. (2) A tent permit may be revoked by the Building Inspector or Code Enforcement Official if, upon inspection, it is determined that the tent does not comply with any of the standards set forth in § 144-6C(1) above or if the tent is used in violation of the provisions of § 144-8. § 144-7 - Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 144-8 - Building permit required; application for permit. A. Building permit/tent permit required prior to commencement; exceptions. (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energy Code, except that no building permit shall be required for: Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Town of Southold. (2) Exemptions. No Building Permit shall be required for work in any of the following categories: (a) Necessary repairs which do not materially affect structural features. (b) Alterations to existing buildings, provided that the alterations: \[1\] Cost less than $10,000; \[2\] Do not materially affect structural features; \[3\] Do not affect firesafety features such as smoke detectors, sprinklers, required fire separations and exits; \[4\] Do not involve the installation of electrical systems; and \[5\] Do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues. (c) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet; (d) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); (e) Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (f) Installation of fences which are not part of an enclosure surrounding a swimming pool; (g) Construction of retaining walls, unless such walls support a surcharge or impound Class I, II, or IIIA liquids; (h) Construction of temporary motion picture, television and theater stage sets and scenery; (i) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (j) Installation of partitions or movable cases less than five feet nine inches in height; (k) Painting, wallpapering, tiling, carpeting, or other similar finish work; (l) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (m) Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (n) Repairs, provided that such repairs do not involve: \[1\] The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component; \[2\] The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; \[3\] The enlargement, alteration, replacement or relocation of any building system; or \[4\] The removal from service of all or part of a fire protection system for any period of time. (o) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet; (p) Construction of temporary sets and scenery associated with motion picture, television, and theater uses; (q) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (r) Installation of partitions or movable cases less than 5'-9" in height; (s) Painting, wallpapering, tiling, carpeting, or other similar finish work; (t) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (u) Replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or (v) Repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time. (2) No tent shall be erected on any property, except properties wherein the primary use is a single-family dwelling, unless a permit has been issued by the Building Department. Tents may be erected for protection from the elements for special events or for temporary activities that are a permitted use of the premises in accordance with the Town Code and the approved site plan for the premises, subject to the following standards: (a) Tents should be removed as promptly as possible after the event has concluded. (b) The duration of a tent permit shall be determined by the Building Inspector or Code Enforcement Official, up to a maximum duration of 30 days. (c) A tent permit shall not issue if the parcel has an open building permit or is the subject of a pending site plan review or the property is subject to pending Town Code violation(s). (d) A permit is required from the State of New York for tents with an occupancy of 300 or more unless owned, leased, or operated by a bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire organization. (3) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision A(1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. C. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. (e) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (i) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (j) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. (k) In instances where a notice of disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. (l) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. (m) All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. (2) Exception to the requirements set forth in § 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and Energy Code, to verify that both the plans and the construction installation comply with the high wind load requirements, the Uniform Code and Energy Code at the field inspection stage. (3) Applications for standard installations of solar energy systems shall be made on the fast track permit application form provided by the Building Inspector and shall include a completed requirements checklist bearing the signature of the property owner and contractor, a project information sheet and configuration diagram prepared by a professional engineer or registered architect, and any other information that the Building Inspector deems necessary. Applications for standard installations on residential and legal accessory structures on residential property shall be determined within 14 business days of the filing of a completed application. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. E. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board. F. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. G. No building permit shall be issued for any building until approval has been received from the Suffolk County Department of Health Services for the proposed water supply and sewage disposal system. H. The building permit application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant. I. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a renewal permit shall be required. J. As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. C. Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) a description of the location, nature, extent, and scope of the proposed work; (2) the tax map number and the street address of any affected building or structure; (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (5) at least 2 sets of construction documents (drawings and/or specifications) which (a) describe the location, nature, extent, and scope of the proposed work; (b) show that the proposed work will conform to the applicable provisions of the Codes; (c) show the location, construction, size, and character of all portions of the means of egress; (d) show a representation of the building thermal envelope; (e) show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; (f) show the proposed structural, electrical, plumbing, mechanical, fire- protection, and other service systems of the building; (g) include a written statement indicating compliance with the Energy Code; (h) include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and (i) evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number. (6) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Building Inspector in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Building Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (7) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Building Inspector shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. (8) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (9) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Building Inspector of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (10) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Building Inspector. (11) Revocation or suspension of Building Permits. If the Building Inspector determines that a Building Permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that: (a) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (b) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. K D Permit fees. The fee specified in or determined in accordance with the provisions set forth in this chapter must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: \[1\] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area. \[2\] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: \[1\] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area. \[2\] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $100 minimum and $0.30 for each square foot of floor area. (h) Deer exclusion fences erected in accordance with § 280-105: $75. (i) The fee for standard applications for any residential solar energy system shall be $50. (j) The permit fee for tents shall be $50 per permit. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. (3) For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. § 144-9 - Issuance or denial of building permit. A. The Building Inspector shall approve or disapprove the application within a reasonable time, and in all events within 10 business days. B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. C. Upon approval of the application, two sets of plans and specifications shall be endorsed with the word "approved." One set of such approved plans and specifications shall be retained in the offices of the Building Inspector and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Inspector or his authorized representative at all reasonable times. D. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all the requirements of the Uniform Code and all other applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. The Building Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. §144-10 - Performance of work Under Permit. Climatic And Geographic Design Criteria. A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based, for a period of 18 months after the date of its issuance. For good cause, the Building Inspector may allow an extension for a period not exceeding six months. B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the Uniform Code and applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: (1) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. D. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. A. The Building Inspector shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town of Southold as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following: (1) design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature; (2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and (3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with: (i) the accompanying Flood Insurance Rate Map (FIRM); (ii) Flood Boundary and Floodway Map (FBFM); and (iii) related supporting data along with any revisions thereto. B. The Building Inspector shall prepare a written record of the climatic and geographic design criteria determined pursuant to subdivision (a) of this section, shall maintain such record within the office of the Building Inspector, and shall make such record readily available to the public. § 144-11 - Building permit fees. A. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. B. In the event that a building permit expires as set forth in § 144-8I, the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. C. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. § 144-12 - Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work order issued by the Building Inspector. § 144-13 - Stop-work orders. A. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work order to halt: (1) Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or the Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Building Inspector, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. B. Content of Stop Work Orders. Stop Work Orders shall: (1) be in writing; (2) be dated and signed by the Building Inspector; (3) state the reason or reasons for issuance; and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Building Inspector shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. D. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order, other than work expressly authorized by the Building Inspector or Code Enforcement Officer to correct the reason for issuing the Stop Work Order. E. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local or state law. Any such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order. § 144-14 - Right of entry. Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. § 144-15 - Certificate of occupancy required; application. A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. B. No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector. D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined and approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and Energy Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. E. Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance. F. Issuance of Certificates of Occupancy and Certificates of Compliance. The Building Inspector shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Building Inspector or an Code Enforcement Officer authorized by the Building Inspector shall inspect the building, structure, or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Building Inspector prior to the issuance of the Certificate of Occupancy or Certificate of Compliance: (1) a written statement of structural observations and/or a final report of special inspections, (2) flood hazard certifications, (3) a written statement of the results of tests performed to show compliance with the Energy Code, and (4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for factory manufactured buildings and/or manufactured homes. G. Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name (if any), address and tax map number of the property; (4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the occupant load of the assembly areas in the structure, if any; (8) any special conditions imposed in connection with the issuance of the Building Permit; and (9) the signature of the Building Inspector issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. H. Temporary Certificate of Occupancy. The Building Inspector shall be permitted to issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Building Inspector issue a Temporary Certificate of Occupancy unless the Building Inspector determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required means of egress from the structure have been provided. The Building Inspector may include in a Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A Temporary Certificate of Occupancy shall be effective for a period of time, not to exceed \[specify interval - DOS suggests interval not to exceed 6 months\] months, which shall be determined by the Building Inspector and specified in the Temporary Certificate of Occupancy. During the specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. I. Revocation or suspension of certificates. If the Building Inspector determines that a Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis of incorrect information, and if the relevant deficiencies are not corrected to the satisfaction of the Building Inspector within such period of time as shall be specified by the Building Inspector, the Building Inspector shall revoke or suspend such certificate. J. Fee. The fee specified in or determined in accordance with the provisions set forth in this chapter must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy. E. K - Certificate of occupancy fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b) New dwellings and additions and alterations thereto: $50. (c) Accessory buildings and additions and alterations thereto: $50. (d) Preexisting dwellings: $100. (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25. (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, "school districts, park districts and the like. § 144-16 - Inspection prior to issuance of certificate; records. A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. B. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of violations of the Uniform Code, the Energy Code, and other applicable laws. § 144-17 - Issuance of certificate of occupancy. A. The Building Inspector shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and the Energy Code. The Building Inspector shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant for the certificate of occupancy, shall be provided to the Building Inspector prior to the issuance of the certificate of occupancy: (1) A written statement of structural observations and/or a final report of special inspections; and (2) Flood hazard certifications. B. A certificate of occupancy shall contain the following information: (1) The building permit number, if any; (2) The date of issuance of the building permit, if any; (3) The name, address and Tax Map number of the property; (4) If the certificate of occupancy is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy is issued; (5) The use and occupancy classification of the structure; (6) The type of construction of the structure; (7) The assembly occupant load of the structure; (8) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) Any special conditions imposed in connection with the issuance of the building permit; and (10) The signature of the Building Inspector issuing the certificate of occupancy and the date of issuance. § 144-18 17 - Temporary certificates of occupancy; fee. Upon request, and the payment of a fee of $25, the Building Inspector may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. § 144-19 18 - Tests for compliance with standards. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the Uniform Code or the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be subjected to tests in order to furnish proof of such compliance. §144-19 - Operating Permits. A Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below: (1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS; (2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows: (a) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces combustible dust; (b) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS; (c) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas; (d) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling; (e) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS; (f) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than 500 square feet (including aisles) of high- piled storage; (g) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant; (h) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling; (i) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a sugarhouse; (j) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270; (k) Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open burning, not including recreational fires and portable outdoor fireplaces; (j) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and (l) Section 319, “Mobile Food Preparation Vehicles.” Operating a mobile food preparation vehicle in accordance with the permitting requirements as hereafter amended from time to time. (3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS. (4) buildings containing one or more assembly areas; (5) outdoor events where the planned attendance exceeds 1,000 persons; (6) facilities that store, handle or use hazardous production materials; (7) parking garages as defined in this chapter; (8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Southold; and (9) other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board of the Town of Southold. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. B. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Building Inspector. Such application shall include such information as the Building Inspector deems sufficient to permit a determination by the Building Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Building Inspector determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Building Inspector, at the expense of the applicant. C. Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in paragraphs (1) through (7) of subdivision (a) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with section 11 (Fire Safety and Property Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with section 13 (Condition Assessments of Parking Garages) of this chapter, as applicable. D Inspections. The Building Inspector or an Inspector authorized by the Building Inspector shall inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Building Inspector or an Inspector authorized by the Building Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector or Code Enforcement Officer authorized by the Building Inspector that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Town of Southold sufficient information to make a determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that have not been met. E Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Building Inspector may require a separate Operating Permit for each such activity, or the Building Inspector may, in their discretion, issue a single Operating Permit to apply to all such activities. F Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows: (1) thirty (30) days for tents, special event structures, and other membrane structures; (2) thirty (30) days for alternative activities at a sugarhouse; (3) three (3) years for the activities, structures, and operations determined per paragraph (9) of subdivision (a) of this section, and (4) One (1) year for all other activities, structures, and operations identified in subdivision (a) of this section. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Building Inspector, payment of the applicable fee, and approval of such application by the Building Inspector. G Revocation or suspension of Operating Permits. If the Building Inspector determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. H Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. §144-20 - CONDITION ASSESSMENTS OF PARKING GARAGES. A Definitions. For the purposes of this section: (1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure; (2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding: (a) buildings in which the only level used for parking or storage of motor vehicles is on grade; (b) an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and (c) a townhouse unit with attached parking exclusively for such unit; (4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term “responsible professional engineer” means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment. (6) the term “unsafe condition” includes the conditions identified as “unsafe” in section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and (7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. B Condition Assessments - general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (c) of this section, periodic condition assessments as described in subdivision (d) of this section, and such additional condition assessments as may be required under subdivision (e) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town of Southold, in accordance with the requirements of subdivision (f) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. C Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure. (2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows: (a) if originally constructed prior to January 1, 1984, then prior to October 1, 2019; (b) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and (c) if originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021. (3) Any parking garage constructed prior to the effective date of the chapter enacting this provision that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment prior to six (6) months after the effective date of this chapter. D Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years. E Additional Condition Assessments. (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Town of Southold becomes aware of any new or increased deterioration which, in the judgment of the Town of Southold, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town of Southold to be appropriate. F Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town of Southold within sixty (60) days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer’s recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and (9) the responsible professional engineer’s recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment. G Review Condition Assessment Reports. The Town of Southold shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town of Southold shall, by Order to Remedy or such other means of enforcement as the Town of Southold may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town of Southold to take any other enforcement action, including but not limited to suspension or revocation of a parking garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. H The Town of Southold shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town of Southold with a written statement attesting to the fact that he or she has been so engaged, the Town of Southold shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town of Southold shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. I This section shall not limit or impair the right or the obligation of the Town of Southold: (1) to perform such construction inspections as are required by section 5 (Construction Inspections) of this chapter; (2) to perform such periodic fire safety and property maintenance inspections as are required by section 144-12 (Fire Safety and Property Maintenance Inspections) of this chapter; and/or (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town of Southold by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. §144-21 - NOTIFICATION REGARDING FIRE OR EXPLOSION. The chief of any fire department providing firefighting services for a property within this Town of Southold shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent. § 144-22 UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND CONDITIONS OF IMMINENT DANGER Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town of Southold shall be identified and addressed in accordance with the procedures established by Chapter 100 of the Town Code, as now in effect or as hereafter amended from time to time. §144-23 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS A Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Building Inspector or an Code Enforcement Officer designated by the Building Inspector at the following intervals: (1) at least once every twelve (12) months for buildings which contain an assembly area; (2) at least once every twelve (12) months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and (3) at least once every thirty-six (36) months for multiple dwellings and all nonresidential occupancies. B Remote inspections. At the discretion of the Building Inspector or Inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Building Inspector or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Building Inspector or such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Building Inspector or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed. C Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an Inspector authorized to perform fire safety and property maintenance inspections at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. D OFPC Inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit, or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator or other authorized entity under Executive Law section 156-e and Education Law section 807-b. Notwithstanding any other provision of this section to the contrary, the Building Inspector may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Building Inspector or by an authorized Inspector, provided that: (1) the Building Inspector is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR section 1203.2(e); (2) the Building Inspector is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection; (3) such inspections are performed no less frequently than once a year; (4) a true and complete copy of the report of each such inspection is provided to the Building Inspector; and (5) upon receipt of each such report, the Building Inspector takes the appropriate action prescribed by section 17 (Violations) of this chapter. E Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. §144-24 - COMPLAINTS The Building Inspector shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other chapter, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Building Inspector may deem to be appropriate: (1) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (2) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 144-26 of this chapter; (3) if appropriate, issuing a Stop Work Order; (4) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 144-20 25 - Compliance required; penalties for offenses. A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. A Orders to Remedy. The Building Inspector is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. An Order to Remedy shall be in writing; shall be dated and signed by the Building Inspector; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following: “The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by \[specify date\], which is thirty (30) days after the date of this Order to Remedy.” The Order to Remedy may include provisions ordering the person or entity served with such Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, chapter or ordinance, and which the Building Inspector may deem appropriate, during the period while such violations are being remedied. The Building Inspector shall cause the Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy. The Building Inspector shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. B Appearance Tickets. The Building Inspector and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. C Penalties. In addition to such other penalties as may be prescribed by State law, B. (1) For each offense against any provisions of the Uniform Code, Energy Code, or of this chapter, or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $10,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. (2) It shall be unlawful for any person, firm or corporation to erect a tent in violation of the provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or Code Enforcement Official; the owner, occupant, or their agents or other person who commits any such offense shall, upon first conviction thereof, be guilty of a violation punishable by a fine not to exceed $1,000. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $2,500. D Injunctive Relief. An action or proceeding may be instituted in the name of this Town of Southold, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Building Inspector pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town of Southold, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of this Town of Southold. E Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 144-13 (Stop Work Orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 144-13 (Stop Work Orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law. § 144-21 26 - Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the penalties prescribed in the preceding section. §144-27 - INTERMUNICIPAL AGREEMENTS The Town Board of this Town of Southold may, by resolution, authorize the Town of Southold to enter into an agreement, in the name of this Town of Southold, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Chapter shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2022-954 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  Sarah E. Nappa      Defeated Greg Doroski      Tabled Brian O. Mealy      Withdrawn Jill Doherty Supervisor's Appt      Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt   Supt Hgwys Appt  No Action  Lost VI. Public Hearings 1. PH 11/29 7:01 Pm - Chapter 260 Duck Pond Lane 2. PH 11/29 7:00 Pm - Chapter 144 Fire Prevention & Building Code