HomeMy WebLinkAboutLL #15 2022 STATE OF NEW YORK .
DEPARTMENT OF STATE
ONE COMMERCE PLAZA" KATHY HOCHUL;
9.9 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12231-0001 ROBERT J. RODRIGUEZ
HTTPS://DOS.NY.GOV _ SECRETARY OF STATE
4
RECEIVED
December 7, 2022
DEC 12 2022
Office of the Town Clerk Southold-Town Clerk
Town of Southold.
Town Hall
53095 Main Road
:Southhold, NY 11971
RE: Town of Southold, Local Law 14 & 15 2022, filed on 12/2/2022
Dear Sir/Madam:
The above.referenced material was filed by this office as indicated. Additional. "
local law filing forms can.be obtained from our website, wwwAosmy.gov.
Sincerely,
State Records"and Law Bureau
(518) 473-24.92
NEW YORK ®epartrrient
STATE OF
OPPORTUNITY_ �f tate
SO Fill/
IDENIS NONCARROW �� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER `�'�� ®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 1, 2022
Priority Mail Express
RE: Local Law No. 14 and 15 of 2022
Town of Southold, Suffolk County
New York State Department of State
State Records &Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copies of Local Law No. 14 and 15 of 2022 of the Town
of Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
�` y�9�FFOtk�O1 RESOLUTION 2022-954
,3Qa� ADOPTED DOC ID: 18652
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-954 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 29, 2022:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, 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. 15 of 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.
Resolution 2022-954 Board Meeting of November 29, 2022
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 a t This chapter to provides for
the administration and enforcement of the New York State Uniform Gede in the Town
of the New York State Uni f ,.w, 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 forat�gfifty 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
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Resolution 2022-954 Board Meeting of November 29, 2022
or drink consumption; awaitingtransportation;ransportation; 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 Gense-r-vation Gonst-luetion rode, as euffan*l=i
Aff et a-ad 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 currentlyincorporated 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.
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Resolution 2022-954 Board Meeting of November 29, 2022
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
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Resolution 2022-954 Board Meeting of November 29, 2022
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
1(10)_ Be in full compliance with all current National Electrical Code (NEC)
requirements. .
STOP WORK ORDER-An order issued pursuant to section 6 ofthis chapter.
SUGARHOUSE - A building used, in whole orin 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.
§ 1444�- Conflicts with other-regulations.
Where the provisions of this chapter conflict with�or imposea 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 regulationsapplicable 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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 ma_y 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;
O+(44hTo issue stop-work orders;
(2-)(ShTo 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)f8hTo collect fees as set by the Town Board of the Town of Southold;
(5)f2hTo 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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.
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.4 1-. 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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 summM 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. 1= 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.
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Resolution 2022-954 Board Meeting of November'29, 2022
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 buildings .
(e) ( Building systems, including underground and.rough-in
( ) Fire resistant construction;
(g)(W Fire resistant penetrations; "
(h)(i) Solid fuel burning heating appliances, chimneys, flues, or gas vents;
(i) Energy Code eomplianee. 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
{}� 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 Ins ep ctor
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)0 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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)
ntervals:(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 theinspections required by Subsection B(1)
of this section, a f resafety 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 availableon 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.
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Resolution 2022-954 Board Meeting of November 29, 2022
(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) ,
in the natufe of the oe traetufe, ^ e the same to
be done, without first obtaining a separate building pennit fr-om the Biaikling
for-any work whieh must eenfenn to-the Unifonn Gode,'and ,
that no building ing" ,.,nit 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 M 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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;
(1) 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 thaf 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
(p) Construction of temporary sets and scenery associated with motion
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Resolution 2022=954 Board Meeting.of November 29; 2022
picture, television, and theater uses;
(g) 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, walllpapering_tiling, carpeting, or other similar finish work;
(t) Installation of listed portable electrical, plumbing, heating,ventilation or
cooling equipment or appliances;
(u) Replacement of M 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 ori fire and life
safety, such as (i) M part of the structurals system; the required means
of egress; or(iii)the fire protection system or the removal from service of
M 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.
addition,G. Appliea&ns.
(I Every appheation for-a building pennit shall be made ii4"ting, on a fem
pr-evided by or- otherwise meepiable to the Bui�ding inspector. The applicatio
shall be signed by the owner-or-an author-iz,ed agent of the ovaier-and eentaill th-e
-folloWifig —And be aecompanied by the require4.fee. in
plans
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Resolution 2022-954 Board Meeting of November 29, 2022
and s eifiea+ions shall be filed wi+h the building p rm;t application to enable the
Building inspector to examine ,eh plans to a eerta;n_ifthe proposed building
will eemply with pb; able requireffients of the iTnifa Code and the Energy
('rode Thea plication shall ;.-.elude of be accompanied by the following
(a) The aetal shape, dimensions, radii angles and area of the lot on„wh;eh
the building ; sed to be e eeted of of the lot o wh;eh ;t; situated
;f an:existing building, e t ithe en e of the al+ei,-ations of a building
<- ieh do not aft et the exterief thereof
!b\ The see+ion bleek and lot numbers if any, s thew appear gn the la4cst ti2ti
r-eeor-ds.
(e) The exact\ and 1atio n the lot of the proposed building-of
e .,
buildings ld;ngs str„etuial niteratio,, of anexisting building and of other
existing b,,ildings n the safne let .
!d\ Af the lot a atehw de ot;ng _ tlexisting .,.d proposed
e oe all nu,revyxs . arcr
>'
str.,e s.
Ce\ The dimensions of all yards ; relation to the sub;eet building and the
d,'stn s bet..een eh building nd.any other-existing b„ildings n the
name !at and ad; nt lots as well s the ale ,lat;o of o stip nd
proposed lot e
Th
fC
! existing d +intended of buildings,
1 e nnene , oaor- _existing proposed, the
use f land and the n ether of duelling units-the building is designed to
aEeemmodate and neeessary eomputations to establish o of rm;ty to
the hulk and density r „lations
t!b pg\ Such+oer"hie e other ink rmatien.uw;th regard to the_buildinthe le+
a�
neighboring lots a u ben ny to determine that then sed
eonstrw,etion will e of rm to the provisions of this ehapter.
(h) Ann plieation for- a building permit ff r o nstr„etion on ayaeantlot W-hieh
is not o an approved subdivision m shall he annomnanied b<w a ne ifed
.abstraet of title issued by a title eonipany..wh;eh shall show single and
separatehif the lotp ro April Ail 1957
e rsp of entire o
, .
!i\ A plot plan dra,.wn to reale ands ed by thener-sen responsable for- ea
drawing. At the d;seretion of-the Building inspector a u be
,
required prepared by a lieensed engineer- r land surveyor,
weyor_
!;\ >~aeh a plieatien for- a building p n!n t f r a new dowelling unit shall be
ed by plans ands cifieations bearing the signat„re_anrl
original seal of l;eensed professional engineer-or- rehiteet.
!k\ in ;nstanees „where a etiee of d;sappreyal has been ; ,ed by the Building
inspeetor and an plication for- a building p ffa t; submitted after
subsequente�,wZ+e..w and approvalTown by the Ton of S-A-11 hold Beard of
Trustees the Zoning Board of Appeals and/of the planning Beard the
plioant shall also submit the approved plan stamped as "approved" by
the r eeti.we Beard and a eopy of the Board's final determination
!1\ ! onstr„et;on documents will net be a prod a part of an a pl;eation far a
building permit unless thou satisfy the requirements set forth above
Constr„etion doeuments owhieh n aeeepied a part of thea plieation.f r a
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Resolution 2022-954 Board Meeting of November 29, 2022
building r mit shall be marked as ptell by the Building 1,isr +
l.Jerllll L J11U
'v'v'l l Lr
be retumed to the applicant to be kept Z`t the work site. Howeve-,the
return of'1, set of.,eee„+ort s „s+r„e+;1,,, doe,,,,,e„+s to the s rheas, shall
1VLLLl 11 VS L�JLI
not be eenstnaed as author-iza4ien to eommenee
or-as an indieafieii
J
that n 1-.uild; peFmit .;11 be issued. Alor-k shall of b eofninenced +'1
,,.7 unless a building permit; issued,
(in) All work shall be perfl,f erl ; or-d nce with the a „s+r„etio
r7r.1.,,,-v,epAs ,,,1,;1,1, were submitted, �;+1, .,,,rl ., ptell 1, pai4 of the
U V V U111L+1SL TYY 111ZZ
applieation "a buildingei!fnit.he permit holder-shall iffiniediatel]
n
+'fes +1 Building Inspeetor of'aft), sl,l,nge e g during the eour-se of
work. The r fmit shall eentain stteh a dir-cetive. if the
building r :+, " l,,eel,ange shall „-,
not be made until and unless .,rialllg YY, new of
amended building per,-nit refleeting s s1, sl,.,,,l,e
(2) Exeeption to the r-equir-ements set forth in § 14 4 8 G. Building hispector-s have
right, when
speeifieations bearing the signature and original sea! of a lieensed professional
or ar-ehiteet and aeoempanied by an affidavit sta4ing that the plans and
speeifieations eomply with the Uniform Code and Ener-gy Code,to vcr-if�th
both the plans and the eonstmetion installation eomply A41i the high wind lea
1-11—ments,the UnikTm Code and Energy Code at the field inspectiofi stage.
(3) Applioations for-standard inst-al-I-Ati-A-B-S ef-solar- energy systems shall be made 0131
the fast tr-aek peFmit appkeation form provided by the Building inspeeter and sha4I
owner-and eopAraetor, a project information sheet and eonfiguration diagram
rerl 1„> rr,Fessional enginee. egis;s+ererl .,rr.l„+ee+ 17 ., r,+l,er
� n„
, f ,..-,,atio,, that the Building 1„speetor rlee,,,s necessary. A,„pl;r.atio,,s f r
stan.dard installations on residential and legal accessory structures on residential
property shall be detemained within 14 business days of the filing of a eomplet
upprir l'cui+s 'r
D. No building pemit shall be issued for the eonstfuetion er- alter-ation of any building lipe
alot without aecess to a street or highway as provided280-La of the Town Law.
E. No building permit shall be issued for-any building where the site plan of stleh building is
subjeet to appreval by the Planning Board, exeept in eenfonnity with the plans approved
by s.,i17 12r,1,r17
F. Ne building pefmit shall be issued for a building in any distr-iet where sueh
pefmitted by speeial exeeption unless and urAil sueh approval has been duly granted
the board having jur-isdietion!her-eof.
G. No building per.m..i.t. Sh.-Al.] be i—s-Sued aii),building until approval has been received from
S 11-firo I Irl C,A-—I., —-,,-..A..enI of Health Serviees for the proposed water supply and
se; age disposal system.
14. The building permit appheation and all supporting documentation shall be made in
tfiplicate. Upon the issuance of a building pefmit, the Building inspeetor- shall return o
copy of all filed 171,1.,,.-,-.ents to the ., plieai+
L Ever-y building pefmit shall expir-e if the work authorized has not eemmenced within 12
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Resolution 2022-954 Board Meeting of November 29, 2022 y
months after-the date of issuanee or has not beeii eempleted within 18 flloR4hs from s
date. if ., l,v, r+� „+b,o regulations aff efi, the property l - a bee.':
e-naeted in the > authorize, in >
the permit for-an additional my momfi4hs. Thereafter-, o renewal virii+ iauia be roquiro�
rl
j. As soon as the ��dation of a building or- of any addition to an existing building is
eemp1 + 11 rl before fir-s! +. . f. or- all eonstmetion io_begun, there .hal be
filed with the Building inspeeter- an aeeur-ate s signed by the per-son r-esponsibie foF
said survey, sho�A4ng the exaet location of sueh foundation with respect to the st-Feet and
pro
rerty fines of the let No f,r+b,or eonstmefion shall be perf amea 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
qpplication 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
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 boundar sy ,urvey, 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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 the 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 orb sip, 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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
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Resolution 2022-954 Board Meeting of November 29, 2022
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 - norf,.,V,anee of work Under no,.mi Climatic And Geographic Design Criteria.
A. A building pefmit shall be eff-eetive to authorize the --me—mg of work in aeeer-dane-e
with the apphea4ien,plans and speeifleations on w-hieh it is based, for-a period of 18
mepAhs after the date of its issuanee. For-good eause,the Building Inspeeter-may all
an tons,, for- ., periodnot o edin g six nAhs
with the work in aeeordanee with the approved plans and speeffieatiefis a
r-egulations. All work shall eenfenn to the appr-eved applieation,plans and .
Q GeMplianee with the following regulations shall be a eoiAinuing eendition for-the validity
(1) Stefmwater-runeff gonerated as a result of up to a two inch rainfall, or its
equivalepA in melting snow/iee, shall be eepAained on site during Genstruction.
Implementation of and use of erosion eoiArel measures and deviees to prevent s
and fleeding of neighboring pr-epei4ies and roadways shall be required,
,di b ie bales, silt 1f es � d
m but �-«te-�t�a�'F �Eentronen^_�, and�g�-��
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Resolution 2022-954 Board Meeting of November 29, 2022
(2) Prior-to the ;ssuanee of a ee,•t;f Bate of oceu ,n„a. it shall he determir,ell that
drainageof reefs and paved areas, yards and uAs and other- open areas an the
piemises shall of he .1; aha e.1 in a r that er-ectes_a rr
publie r
ui. uisuuie.
(3) Prior-to the issuanee of n eft fie to of oeeupaney, all premisesshallbeer-ad
and mairAained to prevent the erosion of soil and to py-event the aeeumulation o
ata r t water-thereon or-within a-Rystr, et„ e l., atoll the eo
n.7
stream shall he nae to divert that waterway ar...�n
, " t any areas
disturbed by eonsti:uetien and reeonneeted to its natural path by moms of oulverts
or others measures.
D. Building permits shall be visibly displayed at the work site and shall remain visible u
the authorized work has been a plete,l
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 geogrqphic
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.
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Resolution 2022-954 Board Meeting of November 29, 2022
§ 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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
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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 b such 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 aa;
(2) the date of issuance of the Building Permit, if M;
(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 temporaroccLipancy 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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 safetyopersons 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 Infector and specified in the Temporary Certificate of
Occupancy. Duringtpecified 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
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Energy Code, and other applicable laws.
§441 7 Issu nee of eer+if;eate of Oeetip,ney
A. The Building inspeeter-shall issue a certifleate of eeeupaney if the work which was the
> >
building orY
addition,afid the Energy Gode. The Building inspeeter-shall inspeet the building, strueture or-
prior-to the issuanee of a eei4ifieate of eeeupaney. in where appheable,
the
following daeuments,prepared in aeeor-dance with the pr-evisions of the Ullifefffl Go
by sueh per-son or-per-sens as may be designa4ed by or-otherwise aeeeptable to the
Building
> at the expeiise of the appheant for the eei4ifieate of oecupaney,
be provided to the Building hispeeter-prior-to the issuanee of the eertifieate of occupane5-.
(1) AR64-e-n- st.-Atement of stmetur-al observations and/or-a final report of speeial
i�ns, e
efiens; and
D rc����7 �rovd hazard eeft�ccc
B.A e✓r'4' eate of oeetiparney shall contain the following of r •,tivir
(1) The building pemiit number-, if any;
C > if >
) The name, address and TfflE Map number-vrthe prrepert -,
of that pet4ioR of the strdaure for-whieh the eei4ifieate of eeeUpaney is issued;
(5) The use and oeeupaney elassifieation of the struetur-e;
(6) The type of eanstfuetion of the stfuetur-e.,
(7) The assembly oeeupanl load of4he st—ame,
(8) if an au4omatie sprinkler- system is provided, a notation as to whether-the sprinkler-
to is required;
(9) Any speeial eonditions imposed in eenneetion v,,4th the issuaflee of the building
permit;
and
(10) The signature of the Building inspector issuing the eer-tificate of eeeupaney and
the date of issu nee
§ 144-U 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.
§ 144-4-9 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
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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 ethylenegas;
(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 temporarspecial event structure, or a tent where approval is
required pursuant to Chapter 31 of the FCNYS;
(f) Chapter 32, "High-Piled Combustible Storage." gh-piled combustible
storage facilities with more than 500 square feet (includingaisles)isles) of high-
piled storage;
(g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility hat
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;
(i) 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
(1) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile
food preparation vehicle in accordance with the permitting requirements
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as hereafter amended from time to time.
(3) energysge 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 ype of building, structure, or
facility as determined by resolution adopted by the Town Board of the Town of
Southold. AU 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
gpplication 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
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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) dgys 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
M gpplicable 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 onrg ade;
(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
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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, decal
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 maybe
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(fl of this section. Before performing a
condition assessment (other than the initial condition assessment) of a parking garages 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) AU 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)gears.
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_ arg age (or, if applicable,
the portion of such parking garage identified by the responsible professional
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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 appro rp iate.
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 jud ment.
G Review Condition Assessment Reports. The Town of Southold shall take such
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enforcement action or actions in reponse to the information in such condition assessment
report as ma_y 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 parkin 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 parkinggarage, 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 safely and property maintenance inspections as are
required by section 144-12 (Fire Safety and Property Maintenance Inspections) f
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 providingfirefighting irefighting 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
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Resolution 2022-954 Board Meeting of November 29, 2022
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 eveiyy thi -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, ig'ving 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:
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Resolution 2022-954 Board Meeting of November 29, 2022
(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
(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 appl t�pections
performed by OFPC.
U44-24 - 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) performingan n 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--29 25 - Compliance required; penalties for offenses.
A. it shall be unlawful far-a" 7 firm or-corporation to 7 J J 7
remove, demolish, equip,
use or oeoupy or-maintain any building er-str-uetur-e or-po
Llll'1 LiVl 111 v1V1UL1V11-Crl-Lli , E)r-to fail in any maflfler-to comply
with a direotive or-order-E)f the Building
or-to
J J 7
alter- or use and
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
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Resolution 2022-954 Board Meeting of November 29, 2022
activity; and shall include a statement substantially similar to the following_
"The person or entity served with this Order to Remedy must completely remedy ach
violation described in this Order to Remedy by f 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 an_y builder, architect, tenant, contractor, subcontractor, construction
superintendent or their agents, or an other ther 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-LD 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.
Q(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
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Resolution 2022-954 Board Meeting of November 29, 2022
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, as 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 M 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. An remedy emed�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 penally pecified 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.
§ 144-24-26 - 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 ma,bby, 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.
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Resolution 2022-954 Board Meeting of November 29, 2022
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.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sarah E.Nappa, Councilwoman
SECONDER:Jill Doherty, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 15 of the year 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 the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
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.
H. 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. This chapter
provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building
(If additional space is needed, attach pages the same size as this sheet,and number each.)
DOS-239-f-1(Rev.04/14)
1
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.
2
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 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.
3
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.
4
§ 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;
(4) To issue stop-work orders;
(5) To review and investigate complaints;
(6) to issue orders pursuant to subdivision(a) of section 17 (Violations) of this local law;
(7) To maintain records;
(8) To collect fees as set by the Town Board of the Town of Southold;
(9) To pursue administrative enforcement actions and proceedings;
(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
(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.
5
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.
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.
1. 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:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all condition assessment reports received;
(9) all fees charged and collected; and
(10) 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. 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. 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
6
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. 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
7
systems of the building;
(f) Building systems, including underground and rough-in
(g) Fire resistant construction;
(h) Fire resistant penetrations;
(i) Solid fudburning heating appliances, chimneys, flues, or gas vents;
(j) 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
(1) 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 Inspectoror 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.
(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. Fire safety and property maintenance inspections.
(1) Inspections required. Fire safety and property maintenance inspections of buildings and
structures shall be performed by the Building Inspector at the following intervals:
(a) Fire safety 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) Fire safety 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 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 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;
8 '
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 br 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) 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 Fire safety features such as smoke detectors, sprinklers, required fire
9
` 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; '
(1) 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;
10
(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.
(3) 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.
(4) 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 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
11
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
12
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.
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 dwelling_ s 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 30.40 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.
0) 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
13
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 - Climatic And Geographic Design Criteria.,
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:
(a) the accompanying Flood Insurance Rate Map (FIRM);
(b) Flood Boundary and Floodway Map (FBFM); and
(c) 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.
14
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.
. 15
§ 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.
r
§ 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 a 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/ora 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.
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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.
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.
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(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 ofoccupancy, 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 - 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.
§ 144-18 - 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
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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
(1) 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
19'
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
20
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 anadditional 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.
21
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,
immediatelyto 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:
22
(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 propertywithin 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 a 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
23
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.
§ 144-25 - Compliance required; penalties for offenses.
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:
24
"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,
(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.
(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
25
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.
§ 144-26 - 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.
26
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 15 of 20 22 . of the
-Y),(G_ of SOUTHOLD was duly passed by the
TOWN BOARD on November 29 ,20 22 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
27
DOS-239-f-I(Rev.04/14)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general)election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York,having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the oun s ive y, ity,Town or
(Seal) Village Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: December 1,2022
DOS-239-f-I(Rev.04/14)
28
d4ca3c6c-6423-4d51-96b2-27a15438a914 lynda.rudder@town.southoId.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk,
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in
Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
November 24,2022
This newspaper has been designated by the County Clerk of Suffolk County, as a newspaper of record in
this county,and as such, is eligible to publish such notices.
Signature
Eliot T..Putnam
Printed Name
Subscribed and sworn to before me,
This 28 day of November 2022
W
Notary Sig ature
MARY BETH ALES=WALLING
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 AL5056219
Qualified in Saratoga County
My Commission,Expires March 04,2026
Notary Public Stamp
SOUTHOLD TOWN CLERK 1
d4ca3c6c-6423-4d51-96b2-27a15438a914 lynda.rudder@town.southoId.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York,on the 1st 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
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public
hearing on the aforesaid Local Law at Southold Town Hall,53095 Main Road,Southold, New York,on the
29th day of November, 2022 at 7:01 p.m.at which time all interested persons will be given an
opportunity to be,heard.
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".
An complete copy of this Local Law is available on the Town website,southoldtownny.gov and at the
Town Clerk's office during regular business hours.
DATE: November 1, 2022 BY ORDER OF THE SOUTHOLD TOWN BOARD
Denis Noncarrow,
Southold'Town Clerk
i
!i
SOUTHOLD TOWN CLERK 2
I
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that
there has been presented to the
Town Board of the Town of
Southold, Suffolk County, New
York, on the 1 st 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
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at Southold Town Hall, 53095 Main
Road, Southold, New York, on the
29th day of November, 2022 at
7:01 p.m. at which time all
interested persons will be given an
opportunity to be heard.
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".
An complete copy of this Local Law
is available on the Town website,
southoldtownny.gov and at the
Town Clerk's office during regular
business hours.
DATE: November, 1, 2022 BY
ORDER OF THE SOUTHOLD
TOWN BOARD
Denis Noncarrow
Southold Town Clerk
Times Review Media Group Invoice #: d4ca3c6c
The Suffolk Times Date: 11/15/2022
Bill To Customer Email
SOUTHOLD TOWN CLERK lynda.rudder@ town.southold.ny.us
Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE
LAST INSERTION DATE.
Description Publish Date .m— , Amount;
_ .._._........................._.__..._.............._..._... _..........
........_ _........._..__... ......___.__..._. _.__...._.__.......... .. _.._...._._ ............. ...
PUBLIC 11/24/2022 $38.16
Affidavit(eMail) 1 $25.00
Affidavit(Mail) 0 $0.00
Total: $63.16
Please remit checks payable to: Balance:
$63.16
Times Review Media Group
PO Box 9500
Mattituck, NY 11952
The invoice number MUST be included on your check to ensure that your payment is
applied correctly.
Rudder, Lynda
From: legal <legal@theday.com>
Sent: Wednesday, November 16, 2022 3:21 PM
To: Rudder, Lynda
Subject: RE:for publication
Hi Lynda— Q
All set to print on 11-23
Have a great rest of your week and weekend!
Total : $262.90
LEGAL NOTICE d
NOTICE OF PUBLIC HEARING
,1MOTICE IS HEREBY GIVEN,that there hasbeen pre-,
sented to the Town Board of theTown of Southold,
PSuffo€k County,New York,on the 1st day of No-
Ivember,2022,a Local Law entitled IA Local Law'?
�m relation to an Amendment to Chapter 944;Free
Prevention and Building Code Administration, in;
'connection.with Updates to the New York States
'Uniform Fire Prevention and Building Code-Ad=
6-
i
'ministration ninistration and Enforcement-L.aw"and
�INOTICE IS HEREBY FURTHER GIVENthat the Town Boardl3
sof the Toren of Southold will hold a public hearing on the
,aforesaid Local Law at Southold Town Hall,53095 Mains;
:Road,Southold,New York on the 29th day of Novem r
,qber,.2022 at 7:01•p.m at Which time all interested.'
;persons veill be given an opportunity to be heard.
The proposed Local Law entitled, "A.Local Law'
,in'relation to an Amendment to Amendment to
IjChapter 144, Fire Prevention and Building Code'
Administration,inconnection with Updates to thei
;New York State Uniform Fire Prevention and Build-
mg Code Administration and Enforcement Law".;
An complete copy of this Local Lave is available on the}
,Town website, southoldtorinny.gov and at the.Town i
(Clerk's office during regular business hours. }
'DATE: November 12022 }i
EBY ORDER OF THE SOUTHOLD TOWN BOARD
c
Denis Noncasrow
Southold Town Clerk
Classified & Legal Account Executive
860-701-4410
Direct: m.suraci(cDtheday.com
Legals: legal@theday.com
The Day Publishing Company
47 Eugene O'Neill Drive, PO Box 1231
New London, CT 06320
www.theday.com
1
From: Rudder, Lynda <lynda.rudder@town.southold.ny.us>
Sent:Wednesday, November 16, 2022 1:46 PM
To: legal<legal@theday.com>
Subject:for publication
Importance: High
Please publish in the 11/23 edition of the Day, thanks
Deputy Town Clerk
Prinicpal Account Clerk
Southold Town
53095 Main Road
PO Box 1179
Southold, NY 11971
631/765-1800 ext.1210
631/765-6145 Fax
2
Rudder, Lynda
From: NYPS Support <support@nynewspapers.com>
Sent: Wednesday, November 16, 2022 1:45 PM
To: Rudder, Lynda
Subject: RE: Confirmation/Invoice
Lynda,
We have updated the time on the ad.
Thanks!
Andrea
Public Notices Team
NY Press Service I New York Newspapers
621 Columbia St. Ext, Ste 100
Cohoes, NY 12047
518-464-6486
https://quickadcreator.corn/
From: Rudder, Lynda <lynda.rudder@town.southold.ny.us>
Sent: Wednesday, November 16, 2022 1:42 PM
To NYPS Support<support@ nynewspa pers.com>
Subject: RE: Confirmation/Invoice
Importance: High
Would it be possible to change the time of the meeting on this notice? I just realized that it says 7:31 pm instead of 7:01
PM
From: NY Public Notices Team <suPPort@nynewspapers.com> _,..-
Sent:Tuesday, November 15, 2022 12:40 PM
To: Rudder, Lynda <Ivnda.rudder@town.southold.nv.us>; Rudder, Lynda <Ivnda.rudder@town.southold.ny.us>
Subject: Confirmation/Invoice
Thank you for submitting your publication request for The Suffolk Times via our online portal.
Please review the attached Invoice/confirmation and advise us of any changes that need to be made by replying to all on
this email. Please make sure to include support@nynewspapers.com on all email correspondences, so our support team
can properly assist you.
Please note your Confirmation ID: d4ca3c6c-6423-4d51-96b2-27a15438a914
Public Notices Team
NY Press Service I FBO The Suffolk Times
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Cohoes, NY 12047
518-464-6486
support@nvnewspapers.com ATTENTION:This email came from an external source. Do not open attachments or click
on links from unknown senders or unexpected emails.
1 .
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town
of Southold, Suffolk County,New York, on the 1St 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
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold,New York, on the 29t' day of November,2022 at 7:01 p.m. at which time all
interested persons will be given an opportunity to be heard.
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.
H. 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
1
t
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 ^r t This chapter to provides for
the administration and enforcement of the New York State Uniform Code inrthe Toy,%of
Southold
of the New York State T nif f 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 forgathering 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; awaitingtransportation; or similar purposes.
2
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 Censervation Gonstruetion Code, as etlffeR41), ;
off et a-a 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.
3
y
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
4
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
5
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;
() 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 safe . and property maintenance
inspections; inspections incidental to the investigation of complaints; and all other
inspections required or permitted under any provision of this chapter;
0-)-(4lTo issue stop-work orders;
(2)L�LTo review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this local
law,
(�}Q_To maintain records;
(4)L�hTo collect fees as set by the Town Board of the Town of Southold;
(-5)k2hTo 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) 1�1�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
6
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.
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.
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
(i) 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.
7
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.44-. 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 ma b� e 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. L. 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
8
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) Fire resistant penetrations;
(4r) Solid fuel burning heating appliances, chimneys, flues, or gas vents;
(i) Energy rode ,.,,,,.,glia e . 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
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
9
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 anygpplicable 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.
10
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) Nor f nn o eorpor-ation shall eommenee the e Betio nstruetio
enlargement, alteration, removal, > >
in the natffe of the oecupaney of any building or strueture, or eause the same to
be done, without first obtaining sepafate building r .-,,
r ;t fr-o the Building
rn.
Code,hispeeter for eaeh sueh building or strueture. A building permit shall be required
for any work which must eonform to the Uniform
and Energy Code,
except-
that no building lding per,..,;t shall be required fon 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 as building
11
or structure or apy 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;
(1) 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:
12
[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)y part of the structurals system; the required means
of egress; or(iii)the fire protection system or the removal from service of
M part of the fire protection system for agy 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
13
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.
G. Applieations.
(1) Eves=y „1;1,.,tio f building
r „ permit shall be made ; .�itin,, �' f„ n
t r
provided by or other-wise aeeeptable to the Building laspeeter. The applieatien
shall be signed by the owner-or-an auther-ized agent of the emmer and contain the
following information and be aceompanied by the required fee. in addition,plans
and specifications shall be filed with the building permit applieation to enable the
Building hispeeter-t- sueh plans to ascertain if the proposed building
Code. The ., .,1;1,atio,, shall ;,,1.1„110 or-be ., oa by the followin
( ) The actual 4,�`1p� iii€ i�ivirs,, r-adii,, angles uirn'7 area of the lot on which
the 1,,,ildi,-; moa to be o +017 or 1f the lot on whieh it; situated
if an existing building, exeept in the ease of the alterations of a building
whieh do not aff-1 t the exterior-thereof-.
(b) The seetion, block .,n 11,+numbers, ;f any, as they appear- on the latest+„tel
1 eeords.
fry- + a locations the lot f+l,�pa 11
`"'�� ��''�.`"' cru`cis'rzc�ur�n�rvcu�zvrrs-i�raxa.�vcvr�n�. �c
building-or-
buildings or-structural alteratio,, of a existing building and of other-
existing
ther-exist ng buildings on the same 1-+
(d) A sui=vey of the lot accurately depieting all ouff ently existing and proposed
structures.
of The d f 11 d 1 do to the 1.;01.+building n the
�rrc-crirrrcirSioirs of all
diP+.,neer 1,0+„100„ sueh suebuilding and-any other existing buildings o the
same lot and .,17;.cent lots as well as the al ,1.,+;1, of existing „17
proposed 11,+ 1 0
buildings,(f) The existing and intended use of all the
proposed,
use ,f land and the number-of dwelling units the building is designed to
>meennnodae, and the-neeessary eomputations to establish eor efmit-y t
the bulk and density regulations.
(g) Such+-pogr.,phie or other inf rmatio,, with regard to the building, the lot-
or-
neighboring lots ., y be„ r,.to determine that the proposed
ears+rd1,+,-r, will 1 of rm to the provisions „f+1., 1.1,apter
(h) A„ pl ieat,1,,, for building permit for nstr do vaeaBt lot which
til
14
is not on an approved subdivision map shall be aeeempanied by a eertified-
nl-.n+raet of title issued by n title eompany whieh shall slow single and
separate „ rsl,ir. „ft e entire lot prior-to April n 1957.
(i) A plot plan dr-w m to se le and signed by the verso responsible for eae
drawing. At the disere+io oft e Building T„sr,eetor- n sufvey .be
required prepared by n liee„sed engineerr land
Eaeh applieation for-a building permit for-a new dwelling unit shall be
by plans and speeifieations bearing the signature and
original seal of n lieensed professional engineer- re i+eet
(k)i tan ees where a iiv+iee of disapproval has beenissuedby the Building
inspector and an plieatio for- n building permit is submitted after
-
subsequent review ^d approval by the Tow of Southold Bvafdvr
Tr„n+een the Zoning Board of Appeals, r,d/or-t the Planning Bear-al the
applieant sha4l also submit the Upproyed plan stamped " tin "
the r +iye Board rand n eopy oft e Beard's final deteFmination.
(1) Construction doeuments will not be aeeepted as paFt of an appheation for--a
building permit,unless they satisfy the requirements set efth above.
(`onstfuetio doeur e„+n which n accepted as part of then plieatio for
b ilding permit shall be marked as aeeepted by the Building inspeetor-;
mTiting or-by stamp. One set of the weepted eonstrdetion doetimen4s shall
be r-ettimed t +6 ria—applioant to be kept at the work site. However-, the
re+,,m of n e+ of accepted n+r„a.tio da,e me„+n to the pl; r.+ shall
not be eonstmed as authorization to eommonee work, or-as an indieatim-
gia+ ., building r.ofmi+;Ails vvTtibe issued. �l�shnlcsll not e conuneflee d 'a'i"rtrlr
and, r.less n building permit is issued,
!ml� All work shall be perf rmea ; aeeer-danee with the construction
d.,e me„+s whieh were submitted with and n +ed as art oft e
applieativrrfor-a building pofmit. he poirrft holEdc€f shallimmediately
notify the Building inspeeter of any a.l,n„a,e o g during theeour-se a,f
.rL The building permit shall ntai , sueh sue ., .direeti„e Tfthe Bu l,ding
inspeeter- determines that stieh change . nts nnew or-amended
right, building pefmit, sueh ehange shall not be made tmtil and unless a new or
speeifieations bearing the signature and original sea! of a lieensed professional
—. p or-ar-ehiteet and aeeompanied by an affidavit stating that the plans and
speeif eations eemply with the Unifefm Code and Energy Code, to ve if3,that
stage.both the plans and the eenstruetion installa4ion eomply with the high wind lead
,j_.neR4s, the Unifer-m Goda and Energy Code at the field inspeetion
(3) Applieations for-standard installatiofis of selar energy systems shall be made O.D.-
the fast tfaek peimit applioation form pr-ovided by the Building Inspeetor-and shall
oymer and a.entr-actor, n project i„fafmn+io sheet and „fia,„rn+io diagram
15
prepared by a pr-ofessional engii.e.. —Tegistered arehiten+7 and n other-
infoFmation that the Building inspeetor-deems necessary. Appheations for
standard installations on r-esidepAial and legal aeeessefy struet-Ures en r-esidential
pr-eper-ty shall be detefmined within 14 business days of the filing of a eomplet
D. Ne building pefmit shall be issued for-the eonstfuetion er- alteration of any building upen
a lot without aeoess to a street or-highway as provided by § 280 a of the Town Law.
E. No building permit shall be issued for-ai+y building where the site plan of sueh building is
exeept in eonfeFmity with the plans approved
7
by said Beafd-.
F. No building per-mit shall be issued for a building in any distr-iet wher-e sueh use is
permitted by speeial exeeption unless and u-PAil such appr-eva4 has been duly gr-afited by
G. No building pefmit shall be issited for-my building utitil appr-o:val has been reeeived fro
the U„ -lk County Department of Healtco,R,;ees for-the proposed water-supply an
t6pheate. Upon the issuance of a building sewage disposal system.
H. The building pefmit application and all supporting doeumentation shall be made iii
the Building inspector-shall retum ofie
7
copy of all fled doe meats to then pliea„+
interim,L Every building pofmit shall expire if the work authorized has not eommeneed within 12
months after-the date of issuanee or-has not been eompleted within 18 months from s
date. if no zening ameiidmeiits or-other-regulations aff-eeting the property have been-
enaeted in the the Building inspector may 7 in 7
the ex-tensiothe permit for-an additional six meRths. 7
begun,j. As soon as the foundation of a building or of any addition to an existing building is
eompleted and before first story ----11 eenstrdetion is
there shall be-filed with the Building inspeetor-an meur-ate
7
signed by the per-son fesponsib!said 7
pr-opei4f lines of the l„+ No f;,,4h@r- a .,stmetio shall be perf^,,Y o a 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 signedy 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;
16
(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 signedy 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 asap rt 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
17
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 displa ed 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
qpproval of the application by the Building Inspector.
01) 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:
18
$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
19
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 - Perf rmanee of work Under-Permit Climatic And Geographic Design Criteria.
A. A building pei!fnit shall be off-eetive to authorize the ee—n—eing of work in aeeer-danee
with the applieation,plans and speeifieations on w-hieh it is based, for-a Per-ied of 18
months after the date of its issuanee. For-good eause, the Building hispeetor-may all
an extension for-a per-ied not exeeeding six months-.
with the work in aceor-danee with the appr-eved plans and speeifioations and in
aeeor-dance with the Unifafm Code and applieable building 7
or-dina-nees orregulations. All work shall eonfom to the approved applieation, plans and .
G. Gemplianee with the following regulations shall be a eotAinuing eendition for-the valid
T-ovffi of Southold:
(1) dorm-water,.,,,,offgenerate,a as a result of up t„ n two inchof 11 its
7 "
equivalent in inciting snewAee, shall be eantained on site duTing
•
implementation ef and use of or-osion eontr-ol measures and deviees to prevent s
and anflooding o neighboringn,-1 .- al f proper-ties nroadways shall herequired,
bales,ineluding but not limited to straw silt contfol )
and/or-gr-ading.(2) Prior-to the issuance of a eer-tificate of it shall be deteffflined that
7
areas,drainage of r-oofs and paved yards and 7
and ether- open areas an the
aromion shall not he disehargea i a manneir-that er-eates n public n
Y
(3) Prior-to the ; o f a eeAi ease o f fee„nano., all premises shall be grade
`J J Prior-V1 L�L11li ,
and maintained to pi:event the erosion of soil and to preveRt the aeetimulatien of
stagnant water-then-een E) ,;thin any stmetufe loeate,l thereon
(4) Wher-eaEenst ue to is t�er-sP ter-eeo dr-a nagewa., „hanne
) )
strearn
py-ovision shall be made to divert that water-way ar-ound any areas
7
or other measures.
D. Building pemiits shall be visibly disp4yed at the work site and shall r-emain visible until
the authorized work has been eanipleted-.
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_
20
(1) design criteria to include ground snow load; wind design loads; seismic category;
potential damage from weathering, frost, and termite; winter designperature;
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 Emergencygement 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
21
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
22
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
23
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 1
(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 Occupancymay,
be occupied safely, (2)that any required fire and life safe1y 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. Duringthe he specified period of effectiveness of the Temporary Certificate of
Occupancy, the Permit Holder shall undertake to bring the building or structure into full
24
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.
subjeet of the building permit was completed in aeeor-danee iN4th all applicable provisions
o-f-f-h-ea Uni:16fm Code, the Energy Code > >
subelassifieation to another complies with all appheable provisions ef the Uniform G
and the Ener-gy Code. The Building hispeelor-shall inspeet the building, strueture or-work
F ,.�;fi to F T 1, 1' the
�9�-�6-��1�E@-6r-aicrcrrrccrcc-vr6 cc'cTpuizEy-riris�lt�6ir=wzz�e--a�3�iE-c'k�}1�
following documents,prepared in aeear-dance with the pfovisions of the UnifeFm G
25
by s ,eb, ,� or- mayb e designated by o other-wise a n+able to the
vy Juvu r,erpefsens
Building
7 at!he expense of the applieafA for-!he- eei4ifieate of ,
be provided to the Building hispeeter prior-to the issuanee of the eet4ifieate of oeeupaney-
(1) A written statement of s+rue+ural observations an,l/or a final report of speeial
\1, t 1 YY11LL1i11 JLULIJllllill
n+,o n�
n;
l:
(2) lee
�c�z hazardeertifieations.
B A eeftif;ea+o of oeeupa„ey shall eon+ain the following inF rma+ion•
B. l 1 L+L+1 Llr
(1\ The building permit number-, any;
•
illi
(2) The .la+o ofissuanee of the building n nmi+ if any;
The l,�o d ,7 Ta , Ma mb e „f the orry
C�7�n �, uurti.sozri •,
7
oft that of the s+r, e+„ e f which the er-t flea+o of o
V1 L13UL portion Ll Vll V�CliV issued;
(55) The use eeupaney elassifioation of the struetur€;
+
f+
The e ype oeonsrun+if th
nn of s+r„e+oro
l� ,•
e-
P
( lead e-
(8)
7) The mb.ly o „+ lof+b, s+r„n+oro•
�
sprinkler-
systemrequired;
(9) Any sp€C�oo ons imposed +' +b, +b f+l, building-
permit;
„ , g-
P”""L� .rezrirrcvirricccioi"r`v`r"rarme—'rsr'diciice�rcrti.
perm, d
and-
the .la+o ofiss„a„eo
§ 144-41-9 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.
§ 144-43 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 ani
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;
26
(b) Chgpter 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 (includinga ) 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) Chgpter 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 occu ap nt 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
(1) 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;
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(7) parking garages as defined in this chapter;
(8) buildings whose use or occupancy classification mm 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 M 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. oroperate any_
type of building listed in this subdivision (a) shall be required to obtain an
Operating Permit prior to commencingsactivity 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) dgys for tents, special event structures, and other membrane structures;
28
(2) thirty (30) dLays 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
M activity or building for which an Operating Permit was issued does not comply with
anygpplicable 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 parkin
garage is an unsafe structure;
(2) the term"deterioration"means the weakening, disintegration, corrosion, rust, or
decay 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 onrg ade;
(b) an attached or accessory structure providing parking ekclusively 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 M 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
29
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 (fl of this section. Before performing a
condition assessment (other than the initial condition assessment) of a 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 ges 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) AU 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
30
Y
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 parkin
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
parkinggarage 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) ari 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_ eg 's age, maintenance history, structural condition, construction
materials, frequency and intensity of use, location, exposure.to the elements, and
any other factors deemed relevant b the he responsible professional engineer in
their professional judo
31
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 insuchcondition
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 orrevocation 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_ arg_ ag_e (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 makingsuch
uch
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
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.
32
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
qpplicable 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
M 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
33
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 safely and property maintenance inspection;
(3) such inspections are performed no less frequently than once a
(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
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 qppropriate, 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.i it shallrf unlawful ,, f;,.mor- eoxPvration to eenstmet,cr-c'cncr-,rep�e�=�
demolisuseer-h, oeeupy ,,tnin n y b il.linge.er su-nt�waor-L et4ia
in .iolation of as of this 7
or-to fail in any inanner-.te eomp�y-
7 dir-eetive or-order-of the Building 7 or-to 7
al�er or-'Us
r,nn,,p y any building e ntv„i.wfe n part then-eef in n manner-not pefmitted by an
appr-
-building pe,-mitor-cer ifinnte E)f..eeupaney.
34
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 b the he 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) dgys; 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) dgys 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 properly 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) dys 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—LD 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
35
I
days, or both such fine and imprisonment.
Q (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 penaltyspecified 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 remedypenally
specified in this section mawpursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penally pecified in subdivision(2) of section 382 of the
Executive Law.
§ 144-24-26 -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
36
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 M 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.
Dated: November 1, 2022 BY ORDER OF THE SOUTHOLD TOWN BOARD
Denis Noncarrow
Southold Town Clerk
37
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis.Nonearrow, Town Clerk of the Town of Southold,New York being duly sworn,
says that on the 15TH day of November_, 2022, a notice of which the annexed
printed notice is a true copy was affixed, in a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website,
www.southoldtownny..gov .
PH 11/29 7:31 pm—LL Chapter 144 Fire Prevention an lding Code Administration
Denis N ncarrow
Southold Town Clerk
Sworn before me this
1511 day of Nov mber , 2022.
Notary Public
LYNDA M. RUDDER
Notary Public, State of New York
No. 01 RU6020932
Qualified in Suffolk County^
Commission Expires March 8,,20LU
��bUfF01, , RESOLUTION 2022-897
ADOPTED DOC ID: 18547
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-897 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 1,2022:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 1St 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 " now,therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 29tn
day of November,2022 at 7:01 p.m. at which time all interested persons will be given an
opportunity to be heard.
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.
Resolution 2022-897 Board Meeting of November 1, 2022
t ' 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 e t This chapter to provides for
the administration and enforcement of the New York State Uniform Code Town 0
Southold of the New York State Unit ..m 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 apy portion of a building, that hat is
primarily used or intended to be used for gathering ffry 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.
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1
Resolution 2022-897 Board Meeting of November 1, 2022
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 - Fl}e tater ieyConseEvation Constmetion Code as euffently-M
o roet 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 compliancewith 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
i 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
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` Resolution 2022-897 Board Meeting of November 1, 2022
equipment that produces smoke or grease-Paden 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 as 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
r
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Resolution 2022-897 Board Meeting of November 1, 2022
recognized laboratories to conforrii 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
processingofmaple 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 t&the issuance of certificates of occupancy, fire safety and property maintenance
inspections,-inspections incidental to the investigation of complaints, and all other
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Resolution 2022-89.7 Board Meeting of November 1, 2022
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;
O+fAALTo 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}(77) To maintain records;
(4)(88) To collect fees as set-by the Town Board of the Town of Southold;
(5) (9) To pursue administrative enforcement actions and proceedings;
(6) 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
(74 f 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 ormore 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
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Resolution 2022-897 Board Meeting of November 1, 2022
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.
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.
1. 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. .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.44-. 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
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Resolution 2022-897 Board Meeting of November 1, 2022
- 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 assertthe
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
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Resolution 2022-897 Board Meeting of November 1, 2022
(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) Building systems, including underground and rough-in
(#)(g) Fire resistant construction;
(g)(h) Fire resistant penetrations;
(h)(i) Solid fuel burning heating appliances, chimneys, flues, or gas vents;
(i) . 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
{}� 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 Ins ep ctor
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)f 41 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.
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Resolution 2022-897 Board Meeting of November 1, 2022
-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 C
every 12 months. {{'
(b) Firesafety and property maintenance inspections of all multiple dwellings 1
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, f
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 I
conditions or activities failing to comply with the Uniform Code or f
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
f
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 t
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.
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Resolution 2022-897 Board Meeting of November 1, 2022
(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 riot 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.
enlargement, alteration, i > o
in the natufe of the a -- a-Hy building or-struetufe, or eause the same to
be done, withetA first obtaining a separate building pefmit from the Building
lnsp�et6r-for each such building or structufe. A building pennit shall be reEf�ir-ed
f4-any work w-hieh must eonfe-�--.to Ufflfefm > afid Energy Code,
exeept
that no building pefmit 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 M 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..
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Resolution 2022-897 Board Meeting of November 1, 2022
' (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;
(1) 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 inconsistentwith 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;
Updated: 11/7/2022 9:48 AM by Lynda Rudder Page 12
Resolution 2022-897 Board Meeting of November 1, 2022
(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) as part of the structural system; GO the required means
of egress; or(iii)the fire protection system or the removal from service of
M 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. .
G. Applioations.
(1) EYe ly ,µplioNtio f a bui11;„ Y Permit shall be made ; „ting, � . form
provided by or oiherwise aFeeptableto the Building oter. The appea4io
fellowing infofmatien and be ae ompanie _ y the required fee. in addition,
and�pbeifieations shall be filed with the building pefmit appheation to enable the;
Updated: 11/7/2022 9:48 AM by Lynda Rudder Page 13
Resolution 2022-897 Board Meeting of November 1, 2022
Building T 1J1VV+Vr tch pims to asect4ain if the proposed build;
ng
l 1 with 1' bl requirements of the Uni f rpt Code and the-Energy
YY 111 VVllllll�' VY illi Ul/i I11 Vi
E9dp• The appliea4ien shall inelude or be-aecompaniet y the f l�vllow+l-rg
(Z)� The aet1a1 h � ens, radii, angles-iid-'iEcf the�lv+-vidnZcn
the bu ld;ng ; pd to be e eeted or-of+1, lot on 1,' L, it is situated
;f n Ull existing' g 1,, ill g, ethe„+in+ pease of the alterationsbuilding of
' - 11
h' h d + f- t the + or-th f
l.
(b) The seet;on hloel> and lot n mbern ;f any, s thp,w appear- the latest t
`V J 111V JV , 7 7 '
reeords.
Ln\ The � + d 1 +ionom +lip lot f+lip ,a 1, '1.1'
"/ 111 'crr'r.'cc-uircrro c?ccrorrri�rcnti�vc�rcxi��v�c
bildings o str11e+11ra1 alteration of anexisting building and of Othef
V uuuul�J
existing buildings on the same lot.
V
d) A z of the lot tel„ dep,e+,ng 11 tl„ t' d d
”` � oruvccciaccr}�ccp=ccmg-arr�irrcncr} i�iJ Hca
strl a+„
\�, The di of yards ,relation t„+l , bj +buil ,] +lie
J 111 dimensions Vl all �''Ul>lJ 1111V1UL1V11 LV LllV• subject VU
d,s+anees between s 1eh building and n ether existing build's the-
same
U1J LUl1VVJ VV�YYli
lot and adl nt lots ell s+he calculation of e stln and
1VL CMU UUJ UV VIIL 1VL•Tn
proposed
l o+ c
(fl Thee existing and intended_ane of all build' +' d +h
\ / v[>1V Llllb U11U 111LV11LLV>1 UJV Vl all VUll>.L11I�,'7, C-i71TTLIr1�--n1--r1LT11-1�1'7C+Z-,�CIIV
f land] and the number-of'dwelling 1 nits the building 1rn designed t
- UJV Vl lUlltl-CL
ae
eommodate and the nee ssa om uta+ions+o + bl;sh conformity to
v, U K Lll nVJJUl,'' VV1l1�l ULUl1 V11J LV VJLUVl
the 1-.1111> nnd7 density regulations.
(gl_ Sueh +epog 1„n of -f tion 'tl, ,'1 to the building,d7;n +1, lot
\b/ will L>,y>,b1LLpy111>. >,1 >.cncriirrorirracroir=dr"rcrricgurcrcv cn� �cna�
or-n gh-bo g lets - .be .to d'lete a+bin+tlfie edl
Vl 11V1�11V Vlllls 1V LJ UJ 111U,' VV�lVne
eons+rlle+ion will nf;, m to the oft—his chap+e
' VV11J L1 UVLl Vll VV111 VV111V1111 LTJ-Lr1V 11 •
!hl Ana plication for- a building n ,.mit for- n t tion' avaet lot h' h
oto ed n„hd,.w,s,en map shall by a ed by a certified
1J no'.Vll Lill approved ed subdi is
ab,strnn+ d,f t1+lp issued by n title eompany i.l,ie shall alio„)single and
UVJLIUVL V1 L1 L1V 1JJ UVY.{ V}' U '
sepaFate owner—ship of the en+;re le+'niz6r-tv April 9, 1957.
!;l A plot plan drauwn to s ale ands ed by+lie per-son bl for- h
`1 J 1 1 bJ1V L planeeae
dra-A4ng. At the diser-etion of theBuilding eet6 , a sutwey may be
r-equired prepareds by a l;eensed engineer- r land surveyor,
!;l Each a pl;eat;on for-a building p rm;t for- a dwelling unit ball b
V J 1-.LL>Jll LLp�..p11 enew
compare;pd by plans and ee;fiea+;ons bearing the signature d
..avvV111y u11lVu V�' tl1LL11U ullu J1.JVV111VUL1V11J VVulr
original JVUl Vor-
al seal of a l;eensed professional.engineerreh;teet
(k) in inrtanAe where ogee of d; o gl has been issued b the Building
\-�/ - a..aa�V•....1avvV ..lavav u 11V�ivv Vi Y..1VupprV Y'u111uJ VVVll 1JJ UVU V
Tn_rpee+o1 and a. :tylu;>at1on for-u building 1Vrmit 1J submitted Uf+
GT
s4sequent review and approval by the 'Td,,,,,, of Qell+l,okf Board f
Trustees,the Zoning Boaa'l�peals; and/or-the Planning Board,the
applicant shall also submit the approved plan stampe�pprev ” by,
the r ectiye Board and n eopy of the Board's final determination
(1) Construction
onstruct-on de---- -nts will not be a -fip+ed as parof an
—rrli
__t-o- f.
_
baild; permit unless they satisfy the requirements +forth above. ...
C ohstfuet;on do encs which ted rt of the l;eat; f
.dL1>,11 >1>,>dL.111>, c.T��-rirncn-ar�cc�cccpcccra�-pccrc-vrcix�—a�rrccccrvrrrvra
building permit shall be marked as accepted by the Building T t
Updated: 11/7/2022 9:48 AM by Lynda Rudder Page 14
Resolution 2022-897 Board Meeting of November 1, 2022
•
YV •t' by s4amp. O et of the pte,d st,., .d
etio , + hal
• 11L111�V•
be r-etufned to the,apphe-ant to be kept at the work site. However,the
et,,,•,•, of sot „f meepted nst,. etio ,a,,e mo„+s to then plied t shall
1 VLulll V1 u JVL Vl uVVVlIL�u VVlr
+b eons+ d as authorization to eofwnenee wor1 or-as an indieati
,
on
that abuilding pefmitm411 be issued. Work shall not be eeniffieneed, +;1
and unless n building l.ding r m;t; issued,
)m
( All work shall b e perfofined : or-lone t b,+ eenstmetie
cul J
uoet mvots whiebwere submitted with a-ld n G, dpted as pai4 e f the
applieation for-a building pemit.The pefmit holder-shall immediately
notify L11L+Building
work. The-building pefmit shall eoR4ain sueh a di-reetiv eif the Building
Tnsna�rd s that b, b, „ts n ,d .d
t. cmm=c�--rrrccc�racTl cll-crir'� new
building ding permit, sueh nb,ange shall not be made until .d unless
uulL+uuc, o
rlright, when n L�pl;nnt;,-.,, E r n s+r„nt„ry ; o,d b y plans d
�ll L, VY lllill LLll K1 P
or-ar-ehiteet and meempa-nied by an affidavit stating that the plans an
speeifieations eemplywith the U-ni bfm CodeandEnergy Gode, verify that
both the plans and the eonstruetion installatien eomply with the high wind lead
re^ ,•,tn the Uniform fn ('o do and Energy Code at the field ifispeetion st
(3) Appheations fer standard installations of solar-energy systems shall be made 01.31
the fast tr-aek permit applieation fefm provided by the Building inspeeter-and shal
pnr„€maclr @n„u vVrtrnvto- r-, L1IVJVV+1„cfoVrmatIVl s1ll+ and
eonfiguration diagram
1 by a professional engiie. rarchiteet,
a,•,.da-ay othef
uuv'•”' deems 0
standard installations on r-esidepAial and legal aeeess6r-y stfuetur-es on resid��ial
property shall be detelllled^1+,1^ 14 businessdam of the filing f1 eemplet .d
D. No building pefmit shall be issued for-the eonstruetien or-alteration of any building Upon.
a lot without aeoess to a street or highway as provided by §-280 a of the TwA%Law.
E. No building peFmit shall be issued for-ai+y building where the site plan of sueh build I ing is
subjeet to approval by the Plarming Board, emeept in conformity with the plans appr-eve A
by said Board
F No building pennit shall be issued for-a building in afl), distriet where sueh use is
peffnitted by speeial exeeption unless and until sueh approval has been duly grapAed by
board b,
the b rayin. ; s dietio thereof
L11L.r V V
0. No building pefmit shall be4ssued for any building until appr-oval has been received 40M
)sal a oto
I •
14. The building pefmit applieation and all supporting doeumentation shall be FAadc i
tfiplicate. Upon the issuanee of a building pefmit, the Building inspeetor-shall r-etum olle
VVlJy of applicant.
1. Evefy building permit shall expir-e if the work authorized has no! eemmeneed within 12
months after-the date of issuanee or-has not been eompleted within 18 menffis ftem s
Updated: 11/7/2022 9:48 AM by Lynda Rudder Page 15
Resolution 2022-897 Board Meeting of November 1, 2022
authorize,da4e. if no zening amendments or-other-regulations affeeting the propeAy have been
enaeied in the inter-im, the Building inspeetor-may in w6tiiig,
the extensiet.of
the r ,.,,..it for-n additional n l � ,..tt,, Thereafter-, nl ,. f it.sh ll be required-.
�aav rViliil�.1V1 La11 NN,Al L1 V11L41 Ull1 111V11 L11U. llll"1 V(11 Llil, LLL v o
T A s p s tl,n fn,,,.dati.,. -o f building o of any nddit,.,, tonexistingbuilding J. 11U UVVlI kU L11V 1V U11U(.I.LLVi
begun,eempleted and before first story fr- 11 const-ruetion is
there shall b-e
filed with the Building inspector Si roc ' signed by the per-son responsible
said survey, shwA4ng the emaet loeation of such foundation with r-espeet le the street
,�,., petty lines f•tk lot No f;,4he eonstraetion shall be per-fonfied until such survey is
1.,1 Vl.,Vl L,' 1111VU Vl L11L+ . '
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;
(fshow 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
Updated: 11/7/2022 9:48 AM by Lynda Rudder Page 16
Resolution 2022-897 Board Meeting of November 1, 2022
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 displa ed
'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
Mon 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 Buildi ng Ins ep ctor
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
Updated: 11/7/2022 9:48 AM by Lynda Rudder Page 17
Resolution 2022-897 Board Meeting of November 1; 2022
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
Updated: 11/7/2022 9:48 AM by Lynda.Rudder Page 18
Resolution 2022-897 Board Meeting of November 1, 2022
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 distr-icts, 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 - Per-fafmanee of work T T a n 't. Climatic And Geographic Design Criteria.
A. A building pemit shall be off-befive to authorize the commeneing of work in aeeor-danee
with.;t1, then ,she do plans an s .,;f;,,ntions ., which;t is based, for- period f 19
L11V UlltJll VLLL1V1�1J ,
monffis after-the date of its issuanee. For-good eause, the Building inspector-may all
y th the work i n ,•.7n ;tl, the a plans n . f' t' ,7 '
..aria ..aav work 111 bavV Vl uu11VV with L11V approved t.J1LL) n
w.vV Vi uasllVV
with the V11fnV11IVAV and , 1; able building In , di
r-egulations. All work shall eeiiferm to the approved appheation, plans and speeef*-f4'-P---At6&H S.
C. Compliance with the following regulations shall be a eopAinuing eondifien for-the validity
T.,,,.,, of So t1,old-
f11 Qt ato off ntel ,1t .,f, p to n + 1 f' 11 +
ULvin` , or-
equivalent in melting snow-Aee, shall b.e eepAained an site during eonstruction.
imrilzr,-e ta4io,, .-.f m , of oresio „t,•.;1 ,„ d .7 n t prevent 1
iiaarav111V1aLUL1 V11 Vl NJV Vl V1 VJ1Vll VV11L1 V1111VUJLl1VJ CL11l.LZ-LV
erosion „r7 flooding of'neighboring pr-opei4ies ...rl nil„ ..1...,11 be o.7
V1 VJl Vll LL11Ll 11V Vll1Rrt ,
including but netlimited to w1�vctics, silt ee 4r-el fenees, and/or- g irrg.
Updated: 11/7/2022 9:48 AM by Lynda Rudder Page 19
Resolution 2022-897 Board Meeting of November 1, 2022
•
drainage of r-eofs-and paved areas, ardsa.Rd eotu4s,-andother-open areas
—1--s shall not b e rliseh rge ; eates n b.l'
,..1.1.,..E X11....11....� VV u1U VllU1 L,Vu 111 U manner-that-VlV
(3) Prior-to the; n of a eei4ifte-at€-of eeoupaney, all preshall be gr-ad
and maintained to prevent the erosion of soil and to preyepA the aeeunmiation Of
stuslluuc ,
7
,+rnn1, provision shall be made to divert that va4er- any
ay n ra
ccrJ
disturbed by eenstruction and r-eeomeeted to its natural path by means of eulvefts
or-other-meastffes.
D. Building peimiits sha4l be visibly displayed at the work site and shall remain visible u
the authorized ,
A. The Building Inspector shall determine the climatic and geogrgphic 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 geogrgphic
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 §,144-81, 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.,
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Resolution 2022-897 Board Meeting of November 1, 2022
`§ 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, ora copy thereof, to be served on any or all of the following: builder,
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Resolution 2022-897 Board Meeting of November 1, 2022
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.
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Resolution 2022-897 Board Meeting of November 1, 2022
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
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Resolution 2022-897 Board Meeting of November 1, 2022
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.
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.
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Resolution 2022-897 Board Meeting of November 1, 2022
'§ 144 17 Issuance Of eeffifieate of eeeupaney.
A. The Building inspector-shall issue a eei:tifieate of oeeupaney if!he work whieh was the
subjeet of the building permit was eowpleted in aeeor-danee with all appheable pr-ovisions
of Uniformode, the Energy (,ode aiad, if uppheable,+�the si+i"-c'r"etUrre, building-Of
Y
addition,end the Eiiergy Code. The Building inspeeter-shall inspeot the building, strdeture or
prior-to the issuanee of a eei4ifieate of oecupaney. in where applieable,
the
following doeuRients, prepared in aeeer-danee with the provisions of the Unif4m Go
by such 1.Je1JV11 or p\..1JVi1J as
imay be designated by or-othe�—i— ae-epta le to th-e
Building
7 at the expense of the applieant for-the eerfificate of ,
be pr-evided to the Building inspeeter-prior-to the issuanee of the eeftifieale of eeeupapx-5-
(1) A�ATitten statement of str-uetufal observations and/or a final repei4 of speeia4
and
inspections;
(2) Flood hazard-eertifreations.
B. L . f e .,....,,,,
ei4 ate of shall „+.,;„ the following inf,-,,,atio,,•
B. n 1 c
(1) The building pefmit
, if any;
(2) The date of issua e , f the building,.0nnit if any;
name, ,
(4)irthe ei4ifieat€ of oceupaney is net applieable to an entire struotu-re, n dere.;r+;,,,,
of L11U1 tJVl Ll Vll of the Jrl-C[TiLissued;
`✓J 111V UJV and eeeupaney elassifieafieii of the
,
(v�aThe-�pc-oz-corr.Jrraccrvrrvrthe srracrme,
`7) 111V assembly-V nn ,
Q) if r e tatio +( L ethe,-the l�lo«
0 0 system is
system is Fequired;
permit;(9) Any special eanditions imposed in eenneetion with the issuanee of the building
n
(10) The signattffe of the Building inspeetor-issuing the eeftifieate of occupaney and
the date of issuanee.
§ 144-4-9 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.
§ 144-4-9 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:
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Resolution 2022-897 Board Meeting of November 1, 2022
(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 eth l�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;
(fl Chapter 32, "High-Piled Combustible Storage." gh-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 facilites
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) Ch4pter 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
(1) 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.
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Resolution 2022-897 Board Meeting of November 1, 2022
(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 commencingsuch uch 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 safely 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,
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Resolution 2022-897 Board Meeting of November 1, 2022
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) dgys 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
M 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 parkin
garage is an unsafe structure;
(2) the term"deterioration"means the weakening, disintegration, corrosion, rust, or
decay structural element or building component, or any other loss of
effectiveness of a structural element or building component;
(3) the term "parkin 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 onrg ade;
(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
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Resolution 2022-897 Board Meeting of November 1, 2022
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(fl 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) AM 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
y
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Resolution 2022-897 Board Meeting of November 1, 2022
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_gara eg '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
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Resolution 2022-897 Board Meeting of November 1, 2022
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 Properly 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
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Resolution 2022-897 Board Meeting of November 1, 2022
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 eveKy 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
M 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 permittingapection 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 another 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
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Resolution 2022-897 Board Meeting of November 1, 2022
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 propegy 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.
§ 144-2-0 25 - Compliance required; penalties for offenses.
A. It shall be unlawful for- ai9t, > ,
reeve, demolish, equip, use e$ maintain any Tbuildingor-strueturevrpol4io
thereof i . eleAie of „., , of this .hapte r to failany manner-to , r,ly
L11V1VV1 111 V�1 V1U.�1 Vll V1 LLll�" t,/1V Vr1J1V„ , !V
with a
direetive or-order-of the Building
or to
alter or-us
7 7 7
oeeupy --y h--1AA!-g -- struetur-a or-paA thereof in a manner-net permitted by an appr-
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_
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' Resolution 2022-897 Board Meeting of November 1, 2022
"The person or entity served with this Order to Remedy must completely remedy each
violation described in this Order to Remedy by_fspeci . 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 thigy (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) dqys 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) dqys after the date of the Order to Remedy; provided, however, that failure
to serve M 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 maybe prescribed by State law,
B-Ln 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.
Q( 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
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Resolution 2022-897 Board Meeting of November 1, 2022
' 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 havingthe he 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 pecified 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 maybe
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 penally 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.
§ 144-24-26 -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
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Resolution 2022-897 Board Meeting of November 1, 2022
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.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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