HomeMy WebLinkAboutLL #11 2023 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA KATHY FIOCHUL
GOVERNOR
99 WASHINGTON AVENUE
ALBANY,NY 12231-0001 ROBERT J. RODRIGUEZ
HTTPS:HDOS.NY.GOV SECRETARY OF'STATE
June 16, 2023 RECEIVED
-JUN 2 6 2023
Sabrina M Born
Deputy Town Clerk
Town Hall, 53095 Main Road Southold Town Clerk
PO Box 1179
Southold NY 11971
RE: Town of Southold, Local Law 11 2023, filed.on May 19 2023
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, www.dos.nyaov..
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEW YORK Department
• STATE OF
OPPORTUNITY of State
Born, Sabrina
From: Born, Sabrina
Sent: Monday, May 15, 2023 10:55 AM
To: ersupp@generalcode.com'
Subject: LL#11 of 2023
Attachments: LL#11 of 2023_20230515104205.pdf
Good Morning,
Please see attached.
Thank y6u,
Sabrina M. Born
Sub-Registrar& Deputy Town Clerk
Senior Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold,NY 11971
Ph: 631-765-1800 ext. 1226
Fax: 631-765-6145
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LL#11 of 2023_20230515104205.pdf
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Born, Sabrina
From: ersupp <ersupp@generalcode.com>
Sent: Monday, May 15, 2023 10:57 AM
To: Born, Sabrina
Subject: RE: LL#11 of 2023
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DENIS NONCARROW �� G.p, Town Hall,53095 Main Road
TOWN CLERK c P.O.Box 1179
CO2 Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Q .� Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER 1 rt � www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 15, 2023
EI 011 987 372 US
_ s
Priority Mail Express
RE: Local Law No. 11 of 2023
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. 11 of 2023 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,
Sabrina M. Born
Deputy Town Clerk
Enclosures
cc: Town Attorney
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. 11 of the year 2023 .
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
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Title.
This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and
Enforcement Law."
II. 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 to
provide for the administration and enforcement of the New York State Uniform. Fire Prevention and Building
Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this
Town of Southold. This chapter is adopted pursuant to section 10 of the Municipal Home Rule Law. Except,as
otherwise provided in the Uniform Code, the Energy Code other state law, or other section of this chapter, all
buildings, structures, and premises, regardless of use of occupancy, are subject to the provisions of this chapter.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239-f-1(Rev.04/14)
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III. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding the underlined
words as follows:
§ 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) Code Enforcement Officer.
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
condition suitable for occupancy.
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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.
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 the State of New York as currently incorporated by reference in 19 NYSCRR
Part 1225
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION - An inspection performed to determine
compliance with the applicable provisions of 19 NYSCRR Part 1225 and the publications incorporated therein
by reference and the applicable provisions of 19 NYSCRR Part 1226 and the publications incorporated therein
by reference.
HAZARDOUS PRODUCTION MATERIALS - A solid, liquid or gas associated with the 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 Hazards of Materials for Emergency Response),
and which is used directly in research, laboratory, or production process 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 and 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
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A program to expedite all applications for standard installations of solar electric and solar hot water energy
systems 6n 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 XXIII 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
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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 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 Certificate
of Occupancy and Operating Permits;
(3) To conduct construction inspections; inspections to be made prior to issuance of Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating
Permits;
(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.
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
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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:
(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.
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(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. 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 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;
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(d) Framing;
(e) Structural, electrical, plumbing, mechanical, fire-protection and other similar service
systems.
(f) Building systems, including underground and rough-in;
(g) Fire-resistant construction;
(h) Fire-resistant penetrations;
(i) Solid-fuel-burning 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 chn 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.
(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 where 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. 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
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(5) upon receipt of each such report, the Building Inspector takes the appropriate action prescribed
by section 17 (Violations) of this chapter.
C. 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.
D. Inspection of tents. [Added 3-11-2014 by L.L. No. 4-2014]
(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 suilset, 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) Except as otherwise provided in subdivision (2) 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 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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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 144 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
1, II, or IIIA liquids;
(h) Construction of temporary sets and scenery associated with motion pictures, television
and theatre uses.
(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 5'-9" 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 the work does not have an impact on fire and life safety, such as (i)
any part of the structural system; (ii) the required means of egress; or(iii)the fire
protection system or the removal from service of any part of the fire protection system for
any period of time.
(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 Subsection A(2) 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.
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C. Applications for Building Permits. Applications for a Building Permit shall be made in writing on a
form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by
the owner of the property where the work is to be performed or an authorized agent of the owner. The
application shall include such information as the Building Inspector deems sufficient to permit a
determination by the Building Inspector that the intended work complies with all applicable
requirements of the Uniform Code and the Energy Code. The application shall include or be
accompanied by the following information and documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address of any affected building or structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance with the provisions
of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications) which:
(a) describe the location, nature, extent, and scope of the proposed work;
(b) show that the proposed work will conform to the applicable provisions of the Codes;
(c) show the location, construction, size, and character of all portions of the means of egress;
(d) show a representation of the building thermal envelope;
(e) show structural information including but not limited to braced wall designs, the size,
section, and relative locations of structural members, design loads, and other pertinent
structural information;
(f) show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other
service systems of the building;
(g) include a written statement indicating compliance with the Energy Code;
(h) include a site plan, drawn to scale and drawn in accordance with an accurate boundary
survey, showing the size and location of new construction and existing structures and
appurtenances on the site, distances from lot lines, the established street grades and the
proposed finished grades, and, as applicable, flood hazard areas, floodways, and design
flood elevations; and
(i) evidence that the documents were prepared by a licensed and registered architect in
accordance with Article 147 of the New York State Education Law or a licensed and
registered professional engineer in accordance with Article 145 of the New York State
Education Law and practice guidelines, including but not limited to the design ,
professional's seal which clearly and legibly shows both the design professional's name
and license number and is signed by the design professional whose name appears on the
seal in such a manner that neither the name nor the number is obscured in any way, the
design professional's registration expiration date, the design professional's firm name (if
not a sole practitioner), and, if the documents are submitted by a professional engineering
firm and not a sole practitioner professional engineer, the firm's Certificate of
Authorization number.
(6) Construction documents. Construction documents will not be accepted as part of anapplication
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
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ascertain whether the proposed work is in compliance with the applicable requirements of the
Uniform Code and Energy Code. The Building Inspector shall issue a Building Permit if the
proposed work is in compliance with the applicable requirements of the Uniform Code and
Energy Code.
(8) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
(9) Work to be in accordance with construction documents. All work shall be performed in
accordance with the construction documents which were submitted with and accepted as part of
the application for the Building Permit. The Building Permit shall contain such a directive. The
Permit Holder shall immediately notify the Building Inspector of any change occurring during
the course of the work. The Building Permit shall contain such a directive. If the Building
Inspector determines that such change warrants a new or amended Building Permit, such change
shall not be made until and unless a new or amended Building Permit reflecting such change is
issued.
(10) Time limits. Building Permits shall become invalid unless the authorized work is commenced
within 6 months following the date of issuance. Building Permits shall expire 12 months after the
date of issuance. A Building Permit which has become invalid or which has expired pursuant to
this subdivision may be renewed upon application by the Permit Holder, payment of the
applicable fee, and approval of the application by the Building Inspector.
(11) Revocation or suspension of Building Permits. If the Building Inspector determines that a
Building Permit was issued in error because of incorrect, inaccurate, or incomplete information,
or that the work for which a Building Permit was issued violates the Uniform Code or the Energy
Code, the Building Inspector shall revoke the Building Permit or suspend the Building Permit
until such time as the Permit Holder demonstrates that:
(a) all work then completed is in compliance with all applicable provisions of the Uniform
Code and the Energy Code and
(b) all work then proposed to be performed shall be in compliance with all applicable
provisions of the Uniform Code and the Energy Code.
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.
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(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
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
I criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of
the RCNYS; and
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(3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include,
at a minimum, special flood hazard areas as identified by the Federal Emergency Management
Agency in the Flood Insurance Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
B. The Building Inspector shall prepare a written record of the climatic and geographic design criteria
determined pursuant to subdivision(a) of this section, shall maintain such record within the office of the
Building Inspector, and shall make such record readily available to the public.
§ 144-11 - BUILDING PERMIT FEES
A. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the
Town Code.
B. In the event that a building permit expires as set forth in § 144-81, 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.
§ 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
14
required, and without regard to whether a building permit has or has not been issued for such
work; or
(3) Any work for which a building permit is required which is being performed without the required
building permit, or under a building permit that has become invalid, has expired, or has been
suspended or revoked.
B. Content of Stop Work Orders
Stop-work orders shall:
(1) Be in writing;
(2) Be dated and signed by the Building Inspector;
(3) State the reason or reasons for issuance; and
(4) , If applicable, state the conditions which must be satisfied before work will be permitted to
resume.
C. The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of
the affected property, and if the owner is not the permit holder, on the permit holder, personally or by
certified mail to the owner or permit holder and posting at the work site. The Building Inspector shall be
permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of
the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their
agents, or any other person taking part or assisting in work affected by the stop-work order, personally
or by certified mail and posting; provided, however, that failure to serve any person listed above shall
not affect the efficacy of the stop-work order.
D. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any
other person performing, taking part in or assisting in the work shall immediately cease all work which
is the subject of the stop-work order, other than work expressly authorized by the Building Inspector or
Code Enforcement Officer to correct the reason for issuing the Stop Work Order.
E. The issuance of a stop-work order shall not be the exclusive remedy available to address any event
described in this section, and the authority to issue a stop-work order shall be in addition'to, and not in
substitution for or limitation of, the right and authority to pursue any other remedy or impose any other
penalty under any other applicable local or state law. Any such remedy or penalty may be pursued at any
time, whether prior to, at the time of, or after the issuance of a stop-work order.
§ 144-14 - RIGHT OF ENTRY
Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter
upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent
such entry.
§ 144-15 - CERTIFICATE OF OCCUPANCY REQUIRED; APPLICATION
A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of
occupancy shall have been issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered, or upon which work has been performed which
required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy
shall have been issued by the Building Inspector.
C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of
occupancy authorizing such change shall have been issued by the Building Inspector.
D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his
15
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/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;
i (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.
16
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 six (6)
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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§'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
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
18
fireplaces;
(1) 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
(m) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food preparation
vehicle in accordance with the permitting requirements as hereafter amended from time
to time.
(3) Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the
FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS.
(4) buildings containing one or more assembly areas;
(5) outdoor events where the planned attendance exceeds 1,000 persons;
(6) facilities that store, handle or use hazardous production materials;
(7) parking garages as defined in this chapter;
(8) buildings whose use or occupancy classification may pose a substantial potential hazard to public
safety, as determined by resolution adopted by the Town Board of the Town of Southold; and
(9) other processes or activities or for operating any type of building, structure, or facility as
determined by resolution adopted by the Town Board of the Town of Southold. Any person who
proposes to undertake any activity or to operate any type of building listed in this subdivision (a)
shall be required to obtain an Operating Permit prior to commencing such activity or operation.
B. Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form
provided by or otherwise acceptable to the Building Inspector. Such application shall include such
information as the Building Inspector deems sufficient to permit a determination by the Building
Inspector that quantities, materials, and activities conform to the requirements of the Uniform Code. If
the Building Inspector determines that tests or reports are necessary to verify conformance, such tests or
reports shall be performed or provided by such person or persons as may be designated by or otherwise
acceptable to the Building Inspector, at the expense of the applicant.
C. Exemptions. Operating permits shall not be required for processes or activities, or the buildings,
structures, or facilities listed in paragraphs (1) through (7) of subdivision(a) of this section, provided
that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety
and property maintenance inspections are performed in accordance with section 11 (Fire Safety and
Property Maintenance Inspections) of this chapter, and condition assessments are performed in
compliance with section 13 (Condition Assessments of Parking Garages) of this chapter, as applicable.
D. Inspections. The Building Inspector or an Inspector authorized by the Building Inspector shall inspect
the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed
either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed
when, at the discretion of the Building Inspector or an Inspector authorized by the Building Inspector,
the remote inspection can be performed to the same level and quality as an in-person inspection and the
remote inspection shows to the satisfaction of the Building Inspector or Code Enforcement Officer
authorized by the Building Inspector that the premises conform with the applicable requirements of the
Uniform Code and the code enforcement program. Should a remote inspection not afford the Town of
Southold sufficient information to make a determination, an in-person inspection shall be performed.
After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or
the operating permit holder shall be notified as to the manner in which the premises fail to comply
with either or both of the Uniform Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
E. Multiple Activities. In any circumstance in which more than one activity listed in subdivision(a) of this
section is to be conducted at a location, the Building Inspector may require a separate Operating Permit
for each such activity, or the Building Inspector may, in their discretion, issue a single Operating Permit
to apply to all such activities.
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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 (3 0) days for tents, special event structures, and other membrane structures;
(2) thirty (30) days for alternative activities at a sugarhouse;
(3) three (3) years for the activities, structures, and operations determined per paragraph (9) of
subdivision (a) of this section, and
(4) One (1) year for all other activities, structures, and operations identified in subdivision(a) of this
section. The effective period of each Operating Permit shall be specified in the Operating
Permit. An Operating Permit may be reissued or renewed upon application to the Building
Inspector, payment of the applicable fee, and approval of such application by the Building
Inspector.
G. Revocation or suspension of Operating Permits. If the Building Inspector determines that any activity or
building for which an Operating Permit was issued does not comply with any applicable provision of the
Uniform Code, such Operating Permit shall be revoked or suspended.
H. Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees)
of this chapter must be paid at the time submission of an application for an Operating Permit, for an
amended Operating Permit, or for reissue or renewal of an Operating Permit.
§144-20 - CONDITION ASSESSMENTS OF PARKING GARAGES.
A. Definitions. For the purposes of this section:
(1) the term "condition assessment"means an on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building component of such parking
garage, evidence of the existence of any unsafe condition in such parking garage, and evidence
indicating that such parking garage is an unsafe structure;
(2) the term"deterioration" means the weakening, disintegration, corrosion, rust, or decay of any
structural element or building component, or any other loss of effectiveness of a structural
element or building component;
(3) the term "parking garage"means any building or structure, or part thereof, in which all or any
part of any structural level or levels is used for parking or storage of motor vehicles, excluding:
(a) buildings in which the only level used for parking or storage of motor vehicles is on
grade;
(b) an attached or accessory structure providing parking exclusively for a detached one- or
two-family dwelling; and
(c) a townhouse unit with attached parking exclusively for such unit;
(4) the term "professional engineer"means an individual who is licensed or otherwise authorized
under Article 145 of the Education Law to practice the profession of engineering in the State of
New York and who has at least three years of experience performing structural evaluations;
(5) the term "responsible professional engineer" means the professional engineer who performs a
condition assessment, or under whose supervision a condition assessment is performed, and who
seals and signs the condition assessment report. The use of the term"responsible professional
engineer" shall not be construed as limiting the professional responsibility or liability of any
professional engineer, or of any other licensed professional, who participates in the preparation
of a condition assessment without being the responsible professional engineer for such condition
assessment.
(6) the term"unsafe condition" includes the conditions identified as "unsafe" in section 304.1.1,
section 305.1.1, and section 306.1.1 of the PMCNYS; and
(7) the term"unsafe structure"means a structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable foundation, that partial or
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complete collapse is possible.
B. Condition Assessments - general requirements. The owner operator of each parking garage shall cause
such parking garage to undergo an initial condition assessment as described in subdivision (c) of this
section, periodic condition assessments as described in subdivision(d) of this section, and such
additional condition assessments as may be required under subdivision (e) of this section. Each
condition assessment shall be conducted by or under the direct supervision of a professional engineer. A
written report of each condition assessment shall be prepared, and provided to the Town of Southold, in
accordance with the requirements of subdivision (f) of this section. Before performing a condition
assessment (other than the initial condition assessment) of a parking garage, the responsible professional
engineer for such condition assessment shall review all available previous condition assessment reports
for Such parking garage.
C. Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as
follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition
assessment following construction and prior to a certificate of occupancy or certificate of
compliance being issued for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition
assessment as follows:
(a) if originally constructed prior to January 1, 1984, then prior to October 1, 2019;
(b) if originally constructed between January 1, 1984 and December 31, 2002, then prior to
October 1, 2020; and
(c) if originally constructed between January 1, 2003 and August 28, 2018, then prior to
October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the chapter enacting this provision
that has not undergone an initial condition assessment prior to that effective date shall undergo
an initial condition assessment prior to six (6) months after the effective date of this chapter.
D. Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such
parking garage shall undergo periodic condition assessments at intervals not to exceed three (3)years.
E. Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage includes a recommendation by the
responsible professional engineer that an additional condition assessment of such parking garage,
or any portion of such parking garage, be performed before the date by which the next periodic
condition assessment would be required under subdivision(c) of this section, the owner or
operator of such parking garage shall cause such parking garage (or, if applicable, the portion of
such parking garage identified by the responsible professional engineer) to undergo an additional
condition assessment no later than the date recommended in such condition assessment report.
(2) If the Town of Southold becomes aware of any new or increased deterioration which, in the
judgment of the Town of Southold, indicates that an additional condition assessment of the entire
parking garage, or of the portion of the parking garage affected by such new or increased -
deterioration, should be performed before the date by which the next periodic condition
assessment would be required under subdivision(c) of this section, the owner or operator of such
parking garage shall cause such parking garage (or, if applicable, the portion of the parking
garage affected by such new or increased deterioration)to undergo an additional condition
assessment no later than the date determined by the Town of Southold to be appropriate.
F. Condition Assessment Reports. The responsible professional engineer shall prepare, or directly
supervise the preparation of, a written report of each condition assessment, and shall submit such
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condition assessment report to the Town of Southold within sixty (60) days. Such condition assessment
report shall be sealed and signed by the responsible professional engineer, and shall include:
(1) an evaluation and description of the extent of deterioration and conditions that cause
deterioration that could result in an unsafe condition or unsafe structure;
(2) an evaluation and description of the extent of deterioration and conditions that cause
deterioration that, in the opinion of the responsible professional engineer, should be remedied
immediately to prevent an unsafe condition or unsafe structure;
(3) an evaluation and description of the unsafe conditions;
(4) an evaluation and description of the problems associated with the deterioration, conditions that
cause deterioration, and unsafe conditions;
(5) an evaluation and description of the corrective options available, including the recommended
timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe
conditions;
(6) an evaluation and description of the risks associated with not addressing the deterioration,
conditions that cause deterioration, and unsafe conditions;
(7) the responsible professional engineer's recommendation regarding preventative maintenance;
(8) except in the case of the report of the initial condition assessment, the responsible professional
engineer's attestation that he or she reviewed all previously prepared condition assessment
reports available for such parking garage, and considered the information in the previously
prepared reports while performing the current condition assessment and while preparing the
current report; and
(9) the responsible professional engineer's recommendation regarding the time within which the
next condition assessment of the parking garage or portion thereof should be performed. In
making the recommendation regarding the time within which the next condition assessment of
the parking garage or portion thereof should be performed, the responsible professional engineer
shall consider the parking garage's age, maintenance history, structural condition, construction
materials, frequency and intensity of use, location, exposure to the elements, and any other
factors deemed relevant by the responsible professional engineer in their professional judgment.
G. Review Condition Assessment Reports. The Town of Southold shall take such enforcement action or
actions in response to the information in such condition assessment report as may be necessary or
appropriate to protect the public from the hazards that may result from the conditions described in such
report. In particular, but not by way of limitation, the Town of Southold shall, by Order to Remedy or
such other means of enforcement as the Town of Southold may deem appropriate, require the owner or
operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause
deterioration, and all unsafe conditions identified in such condition assessment report pursuant to
paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with the applicable
provisions of the Uniform Code. This section shall not limit or impair the right of the Town of Southold
to take any other enforcement action, including but not limited to suspension or revocation of a parking
garage's operating permit, as may be necessary or appropriate in response to the information in a
condition assessment report.
H. The Town of Southold shall retain all condition assessment reports for the life of the parking garage.
Upon request by a professional engineer who has been engaged to perform a condition assessment of a
parking garage, and who provides the Town of Southold with a written statement attesting to the fact
that he or she has been so engaged, the Town of Southold shall make the previously prepared condition
assessment reports for such parking garage (or copies of such reports) available to such professional
engineer. The Town of Southold shall be permitted to require the owner or operator of the subject
parking garage to pay all costs and expenses associated with making such previously prepared condition
assessment reports (or copies thereof) available to the professional engineer.
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I. This section shall not limit or impair the right or the obligation of the Town of Southold:
(1) to perform such construction inspections as are required by section 5 (Construction Inspections)
of this chapter;
(2) to perform such periodic fire safety and property maintenance inspections as are required by
section 144-12 (Fire Safety and Property Maintenance Inspections) of this chapter; and/or
(3) to take such enforcement action or actions as may be necessary or appropriate to respond to any
condition that comes to the attention of the Town of Southold by means of its own inspections or
observations, by means of a complaint, or by any other means other than a condition assessment
or a report of a condition assessment.
§144-21 -NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within this Town of Southold
shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel
burning appliance, chimney, or gas vent.
§ 144-22 - UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND CONDITIONS OF
IMMINENT DANGER
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town of Southold shall
be identified and addressed in accordance with the procedures established by Chapter 100 of the Town Code, as
now in effect or as hereafter amended from time to time.
§144-23 - FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
A. Inspections required. Fire safety and property maintenance inspections of buildings and structures shall
be performed by the Building Inspector or 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
23
Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities
failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing
in this subdivision shall be construed as permitting an inspection under any circumstances under
which a court order or warrant permitting such inspection is required, unless such court order or
warrant shall have been obtained.
D. OFPC Inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit,
or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and
Control ("OFPC") and the New York State Fire Administrator or other authorized entity under
Executive Law section 156-e and Education Law section 807-b. Notwithstanding any other provision
of this section to the contrary, the Building Inspector may accept an inspection performed by the Office
of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the
Education Law and/or section 156-e of the Executive Law, in lieu of a fire safety and property
maintenance inspection performed by the Building Inspector or by an authorized Inspector, provided
that:
(1) the Building Inspector is satisfied that the individual performing such inspection satisfies the
requirements set forth in 19 NYCRR section 1203.2(e);
(2) the Building Inspector is satisfied that such inspection covers all elements required to be covered
by a fire safety and property maintenance inspection;
(3) such inspections are performed no less frequently than once a year;
(4) a true and complete copy of the report of each such inspection is provided to the Building
Inspector; and
(5) upon receipt of each such report, the Building Inspector takes the appropriate action prescribed
by section 17 (Violations) of this chapter.
E. Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees)
of this chapter must be paid prior to or at the time each inspection performed pursuant to this section.
This subdivision shall not apply to inspections performed by OFPC.
§144-24 - COMPLAINTS
The Building Inspector shall review and investigate complaints which allege or assert the existence of
conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter,,or any other
chapter, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy
Code.
The process for responding to a complaint shall include such of the following steps as the Building Inspector
may deem to be appropriate:
(1) performing an inspection of the conditions and/or activities alleged to be in violation, and
documenting the results of such inspection;
(2) if a violation is found to exist, providing the owner of the affected property and any other Person
who may be responsible for the violation with notice of the violation and opportunity to abate,
correct or cure the violation, or otherwise proceeding in the manner described in section 144-26
of this chapter;
(3) if appropriate, issuing a Stop Work Order;
(4) if a violation which was found to exist is abated or corrected,performing an inspection to ensure
that the violation has been abated or corrected, preparing a final written report reflecting such
abatement or correction, and filing such report with the complaint.
§ 144-25 - COMPLIANCE REQUIRED; PENALTIES FOR OFFENSES
A. Orders to Remedy. The Building Inspector is authorized to order in writing the remedying of any
24
condition or activity found to exist in, on or about any building, structure, or premises in violation of the
Uniform Code, the Energy Code, or this chapter. An Order to Remedy shall be in writing; shall be dated
and signed by the Building Inspector; shall specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter; shall specify the provision or provisions of the Uniform Code,
the Energy Code, or this chapter which is/are violated by the specified condition or activity; and shall
include a statement substantially similar to the following: "The person or entity served with this Order to
Remedy must completely remedy each violation described in this Order to Remedy by [specify date],
which is thirty (30) days after the date of this Order to Remedy." The Order to Remedy may include
provisions ordering the person or entity served with such Order to Remedy (1) to begin to remedy the
violations described in the Order to Remedy immediately, or within some other specified period of time
which may be less than thirty (30) days; to continue diligently to remedy such violations until each such
violation is fully remedied; and, in.any event, to complete the remedying of all such violations within
thirty (30) days of the date of such Order to Remedy; and/or(2) to take such other protective actions
(such as vacating the building or barricading the area where the violations exist) which are authorized by
this chapter or by any other applicable statute, regulation, rule, chapter or ordinance, and which the
Building Inspector may deem appropriate, during the period while such violations are being remedied.
The Building Inspector shall cause the Order to Remedy, or a copy thereof, to be served on the owner of
the affected property personally or by registered mail or certified mail within five (5) days after the date
of the Order to Remedy. The Building Inspector shall be permitted, but not required, to cause the Order
to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person taking part or assisting in work being
performed at the affected property personally or by registered mail or certified mail within five (5) days
after the date of the Order to Remedy; provided, however,that failure to serve any Person mentioned in
this sentence shall not affect the efficacy of the Compliance Order.
B. Appearance Tickets. The Building Inspector and each Inspector are authorized to issue appearance
tickets for any violation of the Uniform Code.
C. Penalties. In addition to such other penalties as may be prescribed by State law,
(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
25
enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of
any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop
Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Building
Inspector pursuant to any provision of this chapter. In particular, but not by way of limitation, where the
construction or use of a building or structure is in violation of any provision of the Uniform Code, the
Energy Code, this chapter, or any Stop Work Order, Order to Remedy or other order obtained under the
Uniform Code,the Energy Code or this chapter, an action or proceeding may be commenced in the
name of this Town of Southold, in the Supreme Court or in any other court having the requisite
jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the
condition in violation of such provisions. No action or proceeding described in this subdivision shall be
commenced without the appropriate authorization from the Town Board of this Town of Southold.
E. Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or
remedy available to address any violation described in this section, and each remedy or penalty specified
in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or
penalties specified in this section, in section 144-13 (Stop Work Orders) of this chapter, in any other
section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section
may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other
remedy or penalty specified in this section, in section 144-13 (Stop Work Orders) of this chapter, in any
other section of this chapter, or in any other applicable law. In particular, but not by way of limitation,
each remedy and penalty specified in this section shall be in addition to, and not in substitution for or
limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any
remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penalty specified in subdivision(2) of section 382 of the Executive Law.
§ 144-26 - 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.
IV. 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.
V. 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. 11 of 20 23 . of
the (Town) ) of SOUTHOLD was duly passed by the
TOWN BOARD on May 9th , 20 23 , 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.)
1
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.
DOS-239-f-I(Rev.04/14)
27
5. City 16cal 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 ori on file in this ffice and that the same is a
correct transcript there from and of the whole of such original local la , a d was finally dopted in the manner indicated
in paragraph 1 , above.
Clerk o the County legislative body, City, Town or
(Seal) Village Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: May 15,2023
DOS-239-f-I(Rev.04/14)
28
RESOLUTION 2023-439
ay�0l M°a ADOPTED DOC ID: 19133
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-439 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 9, 2023:
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 and 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 Buildinjj Code Administration and Enforcement
Law" which reads as follows: '
LOCAL LAW NO. 11 of 2023
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:
1. Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code
Administration and Enforcement Law."
H. Purpose. Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981,
provides for the preparation of a Uniform Fire Prevention and Building Code (Uniform Code),
which shall take effect on January 1, 1984, and the State Energy Conservation Construction
Code (the Energy Code), which shall take effect on January 1, 2007, and which every local
government shall administer and enforce on and after such date. it is the purpose of This chapter
to provide for the administration and enforcement of the New York State Uniform Code the
Town of Southel-I
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 of
occupancy, are subject to the provisions of this chapter
III. Amendment. The Southold Town Code is hereby amended by removing the struck
through words and adding the underlined words as follows:
1
Southold Town Board - Letter Board Meeting of May 9, 2023
III. Amendment. The Southold Town Code is hereby amended by removing the struck
through words and adding the underlined words as follows:
§ 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) Code Enforcement Officer.
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."
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Southold Town Board- Letter Board Meeting of May 9, 2023
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 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.
ENERGY CODE - The tate EnergyGonseiwationGorstfuetionCodr as,purrently in e e
as her-ea-fter amended-.-The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS - The 2020 Fire Code of the State of New York as currently incorporated by
reference in 19 NYSCRR Part 1225
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION -An inspection
performed to determine compliance with the applicable provisions of 19 NYSCRR
Part 1225 and the publications incorporated therein by reference and the applicable
provisions of 19 NYSCRR Part 1226 and the publications incorporated therein by
reference. 11
HAZARDOUS PRODUCTION MATERIALS -A solid, liquid or gas associated with the
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 Hazards of Materials for Emergency Response), and
which is used directly in research, laboratory, or production process 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 produce's 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 and Operating Permit which is renewed,
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Southold Town Board-Letter Board Meeting of May 9, 2023
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; 1
,
(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
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Southold Town Board- Letter Board Meeting of May 9, 2023
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 XXIII of Title 19 of the NYCRR, adopted pursuant to
Article 18 of the Executive Law.
§ 144-4 Conflicts with other regulations.
Where the provisions of this chapter conflict with or impose a different requirement than any
other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the
provision which establishes the higher standard or requirement shall govern.
§ 144-5 Powers and duties of Building Inspector.
A. Except as otherwise specifically provided by law, ordinance or regulation, or except as
herein otherwise provided, the Building Inspector shall administer and enforce all the
provisions of the Uniform Code and Energy Code and regulations applicable to the
construction, alteration, repair, removal and demolition of buildings and structures, and
the installation and use of materials and equipment therein, and the location, use,
occupancy and maintenance thereof.
B. The Building Inspector shall receive, review, and approve or disapprove applications and
issue permits for the erection, alteration, removal and demolition of buildings or
structures or parts thereof and shall examine the premises for which such applications
have been received or such permits have been issued, for the purpose of ensuring
compliance with the Uniform Code, Energy Code and other laws, ordinances and
regulations governing building construction.
C. The Building Inspector shall conduct construction inspections, inspections to be made
prior to the issuance of certificates of occupancy, fire safety and property maintenance
inspections, inspections incidental to the investigation of complaints, and all other
inspections required or permitted under any provision of this chapter, shall administer
and enforce all the provisions of the Uniform Code, the Energy Code, and this
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Southold Town Board- Letter Board Meeting of May 9, 2023
chapter and shall have the following powers and duties:
(1) to receive, review and approve or disapprove applications for Building
Permits, 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
Certificate of Occupancy and Operating Permits;
(3) To conduct construction inspections; inspections to be made prior to issuance
of Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates of Occupancy, and Operating Permits;
(�} () To issue stop-work orders;
(2) (5) To review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this
local law;
(34 (7) To maintain records;
(4) 8) To collect fees as set by the Town Board of the Town of Southold;
(5) (9) To pursue administrative enforcement actions and proceedings;
(6) (10) In consultation with this Town's attorney,to pursue such legal actions and
proceedings.as may be necessary to enforce the Uniform Code, the Energy Code,
and this chapter, or to abate or correct conditions not in compliance with the
Uniform Code, the Energy Code or this chapter; and
(7) 11 To exercise all other powers and fulfill all other duties conferred upon the
Building Inspector by this chapter.
D. The Building Inspector shall possess background experience related to building
construction or fire prevention and shall, within the time prescribed by law, obtain such
basic training, in-service training, advanced in-service training, and other training as the
State of New York shall require for code enforcement personnel, and shall obtain
certification from the State Fire Administrator pursuant to the Executive Law and the
regulations promulgated thereunder.
E In the event that the Building Inspector is unable to serve as such for any reason,
another individual shall be appointed by the Town Board to serve as a Building
Inspector, during the term of their appointment, exercise all powers and fulfill all
duties conferred upon the Building Inspector by this chapter.
F One or more Inspectors may be appointed by the Town Board to act under the
supervision and direction of the Building Inspectors and to assist the Building
Inspectors in the exercise of the powers and fulfillment of the duties conferred upon
the Building Inspectors by this chapter. Each Inspector shall,within the time
prescribed by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall require for
code enforcement personnel, and each Inspector shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
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Southold Town Board - Letter Board Meeting of May 9, 2023
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-R. 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-F. 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—C. 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
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Southold Town Board - Letter Board Meeting of May 9, 2023
report and summary of all business conducted by him, including permits and
certificates issued, fees collected, orders and notices promulgated, inspections and
tests made and appeals or litigation pending.
(2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf
of this Town, on a form prescribed by the Secretary of State, a report of the
activities of this Town, relative to administration and enforcement of the Uniform
Code.
(3) The Building Inspector shall, upon request of the New York State Department of
State, provide to the New York State Department of State, from the records and
related materials in this Town is required to maintain, excerpts, summaries,
tabulations, statistics and other information and accounts of the activities of this
Town in connection with administration and enforcement of the Uniform Code.
(4) The Building Inspector shall annually submit to the Town Board of this
Town of Southold a written report and summary of all business conducted
by the Building Inspector and its staff, including a report and summary of all
transactions and activities described in section 14 (Record Keeping) of this
chapter and a report and summary of all appeals or litigation pending or
concluded.
(5) The Building Inspector shall annually submit to the Secretary of State, on
behalf of this Town of Southold, on a form prescribed by the Secretary of
State, a report of the activities of this Town of Southold relative to
administration and enforcement of the Uniform Code.
(6) The Building Inspector shall, upon request of the New York State
Department of State, provide to the New York State Department of State,
true and complete copies of the records and related materials this Town of
Southold is required to maintain; true and complete copies of such portion of
such records and related materials as may be requested by the Department
of State; and/or such excerpts, summaries, tabulations, statistics, and other
information and accounts of its activities in connection with administration
and enforcement of the Uniform Code and/or Energy Code as may be
requested by the Department of State.
M. 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
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Southold Town Board - Letter Board Meeting of May 9„2023
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 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.
fM'-(e-) Building systems, including underground and rough-in;
jy.j#) Fire-resistant construction;
jjjj-(g) Fire-resistant penetrations;
Qi 4h) Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
jh-(i) EneFgy Code eomplianee; and. 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 information to make a determination, an
in-person inspection shall be performed
J41-(-3) Inspection results. After inspection, the work or a portion thereof shall be noted as
Generated May 10, 2023 Page 45
. l
Southold Town Board-Letter Board Meeting of May 9, 2023
satisfactory as completed, or the permit holder shall be notified as to where 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.
(I) T r required.t'onsFire of� and pr.pe ftYS 1 1" c•,to etions „f
L "NP
buildings .1 st-Fuetwes shall b per-feEme.1 by the Building inspeeter at the
following intervals.:
/ Fire safety property y Vtttly U buildings
1,' L. een+ area bl' assembly shall be at le st P
r per-fanned
O'VeI3' 12 months,
(b.\ 1~ f +� and Y Y J c•,rty tPc•,.�nee r t' f 11 multiple dwellings
C� J
+ ' 1 r1 rl in C b t' B(l)( ) and all nonresidential b, ild
ies and BMW, T
i r
b ple-f d t leant enee Pic, Z!. .+•. the
!71 Tnsp t' t+ .1 T addition t the inspeetionsrequir-ed by 90seatio BR)
_ ,
9truetffe-> use, oeoupaney, f any dwelling, „;+ may 1 b i f .-1 by
,�c,
the Building inspP ter-at an),time upon.:
(a) 'T1, request f the eymer of the to be
property N
agent ef such ;
(-) D t 1. the Building T t of a vffitten statement tt that
failingrenditions or aefivities to eomply
Energy with the Uniform Code of
Code eyist; o
(e) D t 1, the Building inspeeter of any other-information, reasonably
believed by the Building T teeter tti-be reliable, rvingrise to reasonable
eause to believe that eenditiens or- aetivities failing to oemply with the
T T-'feFm Code Energyor- Code a+• however-,that nothing,
this l t' - shall b t .1 provided,.... - a Petr,,, under .,
corrscraccrccso '�t�c>z.'lr�Qi�'�� any
P' - - - -- under-- permitting
inspeet'on is rl unless sueh a „rt 6rder- nt shall have NPP
obtained.
!.1\ !11~'D!-t ' Y Nothing th a .r this see-tion
ehap supersede,zrirrrcredA limit or- the powers, ,a tie n
� �
responsibilities
of the New York State Off;n f Fire D t' .1
Cont-Fel ("C)FPC").and the New York State Fire Administrator-under
T +' T R 156 e .1 E t' Law R 80 7Lc
B OFPC Inspections Nothing in this section or in any other provision of this chapter
Generated May 10, 2023 Page 46
Southold Town Board - Letter Board Meeting of May 9, 2023
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.
C 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.
Dom. Inspection of tents. [Added 3-11-2014 by L.L. No. 4-20141
(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
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Southold Town Board - Letter Board Meeting of May 9, 2023
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) ,
, removal at,
in the natw€-othe-eeeupaney e€a"�=amg o Ohe P to
h •1�• v�T/�'fl1NP�`�_yi_�kuJt lllV U�
done,be
without first obtaining a separate building pefmit from theullulal
inspeeter for eaEhsueh building or stmet fe n building,,efmit shall be NP
llll V
for- any
1 1, t, wmst,, 1, NN„ to the Uniform ,1 Energy +
Code, uuu Code, Y
that no building p •+ shall be required
quine for.-Except as otherwise provided in
subdivision (2) 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 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 144 square
feet;
(d) Installation of swings and other playground equipment associated with a
one- or two-family dwelling or multiple single-family dwellings
- (townhouses);
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Southold Town Board - Letter Board Meeting of May 9, 2023
(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;
enstnaeti9n of temporary motion pietufe, television and theter-stage se
and seeneny; Construction of temporary sets and scenery associated
with motion pictures, television and theatre uses.
(i) Installation of window awnings supported by an exterior wall of a one- or
two-family dwelling or multiple single-family dwellings (townhouses);
LL.L installation of partitions
heig Installation of partitions or movable cases less than 5'-9" 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
.
[Ij The r-emoval or of a lead
ai4ition, or
p eJ bearing r
rt' thereof-, or of any struet„rel beam or lead bearing
uaeering
eempen__ ;
[2] The mnieva1 or- L.ange f anyrequired means fegress, or-the
[31 The 1. nt alteration, re 1 + or el., .,t;.+ efany
building ding sstem• or
41 The remeva1 from serviee of allor-paA of e fire,. ete..+; stem
for any peried of time. Repairs, provided that the work does not
have an impact on fire and life safety, such as (i) any part of
the structural system; (ii) the required means of egress; or(iii)
the fire protection system or the removal from service of any
part of the fire protection system for any period of time.
(2)(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
Generated May 10, 2023 Page 49
Southold Town Board- Letter Board Meeting of May 9, 2023
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 Subsection A(2) 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.
r-y applioation for a building permit shall be made in Nwiting, on a gataffl-
provided by or oth table to the Building Inspeeten The applie-At.i.offln.
shall be signed b the tb, .l + f the n ,stn n the
O Vf2ICT0'1�UZtLCCCLTIOITCCCIT�CI7T-�IZIC o VY 111
f ll f t' rl b. ell b y the rel i addition,
- nulVe „7 plans
o -
-r1 -- ee
t' shallb. filed 1 it buildingt e ,tee t 111{,IG�.J�./l t' t enab! tl.
Building T t t plans to er-t.l;,-. ;ftl, �ro� e l building
1, Llt 1 V ^ -
r
'71 eomply rrrequirements
tl, 1' b.l of the
Uniform Code .a the Energy
Code. The YY1' t' shallinelude or-be aeeempanied by the folio
(-ane-aE 91 pe l -- ions, radii, angles .1 a of the lot on b.'eb,
tb- l- '1,l' b is rr .l .l t b. teof the lot o W-h eb, ;t ; situate,]� e
'f building, f t in theease of the alterations of 6 building
1. ing
1--�-1,existing,a t ff t the .tor-tl,ere.,f
numbers,(b) The seetion, bleek and lot
if any, as they-appear-on the latest tax
r-eEAr-ds.
(e) T-he exaet size .l leeations en the lot ef the
proposed
buildings or- t + 1 alteration of n v1ot1,, . -uildiag and of othekf
existing buildings or. the same let
b. b i
'l A sui-veyf the lot aeout 1 ' t' 11 euff ently exi sting and - e-1
c tri.e+.i res.s
(e) The dimensions of all yards in r-elation to the subjeet building and the
d' tanees between sueh building and-any tb e existing buildings on
same lot .a dj t lots well the enle„lnt,o of e)Eisti g " 1
Generated May 10, 2023 Page 50
Southold Town Board - Letter Board Meeting of May 9, 2023
proposed lot eover-age.
(f) The exisfing and intended, of all buildings, existing o proposed, the
f land rl +b. b f dwelling units the building is designed
to
use of r-ccv�cnczr L.K.......b ••, •.••,,.,•b•••,•.• •,•,
aceemmodate, and the nceessaFy eomputations to establisheonfafmity to
the bulk and density
regulations.
! \ Qb + roath other-information with regard to the building,
the lot
neighboringor
lots as may bneeessay-y to deter-mine that the proposed
e0fist, t' will eenfor-In to the provisions of this el,ant
!l,\ A applieation for- a building permit feree enatr„ tion on
n In tCL11L lot iel+lot L
w-
is not on an approved subdivision map shall be aeeempanied by a m4ified
b. + t f title issued b a title eempany <,b,ieb, shall show single glltande an
separate b„n of the entire lot prior-to Anr,1L3 l O, 11✓!! 1957
.
!'\ A plot plan.7 to seale and a,U per-son avsigned by the responsible for- eaeb,
v
drawing. At the d +' f the Building T +
RLvl, u survey 111Kr
required, prepared by a lieensed engineer- or land surveyer,
('\ T. b YY 1' or- building+' f re :+ for-a
now dwelling, b,;t shall he
7 by plans 1 e b,e aa eif;eatiena bearing t : na+„ranrlaF.,uu e'
r
original seal of a lieensed professional engineer or- arehiteet.
( \ T instaneses wher-e a otine of disapproval ti been issued b.] +1, Building
Lo
p
T + .7 l at' n for a building erm:+ ; „b.m:tte.7 after
r rr 1
subsequent review and approval by the
T +ees, the .?, b,
Bear
-d,
rr Zoning
Board fAppeals, and/or-the Planning the
IAl
1' t 1, 11 l 1, i+the approved plan stamped II 1-/F/ ,711 1,
the r-espoet' Board n.7 a eopy of the Bearu.71u final determination.
u .7
(1) Construetion documents will not be aecepted as part of an applieation for--a
building r-ermi+unless theat:af,the requirements set fr+L,
nabove.
se+L
�
f + t' .7 + 1,' 11 are aeeer+ .7 as part of the nlieatioit l�v" u a
building peEm't shall be merled a aeeepted v r 1, +b, Building n
Tnaeeter:n
Ll N
writing
oF b stamp. O + f the a ente.i een + l+'ull uv e„men+a aall
dob,
returnbe r-etwned to the applieant to be kept.at the work site. 14owev
f a + f aeoept 7 + w6ap rl.,e„menta to the vvll 1' ut shall
not be eenstrued as authorization to commenee wo4c, or as an indieation
tb + a building pofmit will be issued. Al 1 shall t b need t'1
uuul
7 unless a building pefmt is
- __e_!7
/ All 11 wor1 shallb, rf:, i l7
ell eeorane :tb, the atr, e+: .
Y
Eloeumer-t b-' l- were submitted with .7 a n .d eteas
1 part of the
1
applieation-for- a building permit. Tb, permit holder- shall imrned ately
during
the r-r—in� the eoufse of
Y'IJ O 1 .' v
work. buildingpermit shall if Uilding
S1LK111 p
Iter- ,7 } nes that a ,el+ eb,ange warrants a .7 now or- amend
r
building r 1, b,'+ shalll not be made untilu .7 unless
u
7 d building efleet:nb, issued.
b Y 't b a eeh nQe
(7) E t' to tb, 1---
fit t t ! 'l § 144 Q(r Building inspectors hayerig �tic�
b,tJ when an app1 t' for str „r eTee by plans and
J<tLKUCV�ZISFJK 1 l7 L
f +' b< thesignature n!l Hal ze 1 f u 1' r7 professional
r
Generated May 10, 2023 Page 51
Southold Town Board - Letter Board Meeting of May 9, 2023
ab,'+ + ,a e b y .,ff:rl., ,;t_stating that the plans n
a r� 0
speei
f t' r l b,
J + the Uniform rode and Energy Code, t eri that,tt
both the plans .7 the eonstmetien installation..empls m tb, the hg wind 1.,a
rl � r
.
t , tb, Un Code and Ene aJ Cede t the field 1 t' stage.
,!-3) A 1-1 l t' for-standard installations VL f J energy systems tems shall be made
\ / r,
the fast+ 1r provided 1,J Y t Yr l t' fig the Building T 1e +. and shall
l
inelude a eempleted requirements 0 ehe 1 l t b the .o„nt„ e of the pr-operty
.l een+ t a prej eet ' f atiov. shee4 .7 cotAguratien diagr-
prepared-by professional or,b„�, registered eh teet l„ any other
f' t' - that l, Building T .l e y. A r.r,l: ;
-- tt �utuvls
standard installations on residential and legal aeeesspimy st-metufes on residenfial
pr-o- rt. shall 1, a t .l within 14 business days of the filing of., . r.letorl
zlj3plieation'
D. No building peFmit shall be issued for-the censtr-uetien er-alteration of any building upon
E AT building permit b, .l shall for-any biaildingv�hpvetl 't plan f 1, building is
lilt 4
sul�ee
+to b, b, Planning ,r.l ar,
YY 1 J tR
T�T�� 't b, ll�P issued f � b.,,;l,l; - .l' + + b, ,.b, , o
F. lY u �.
r
- ----'t+ .l b.! rr
1 +' to and until
N
1 UV roval has been I granted
theboard having J”-_"'_---_ _- ___------ re
eeived-
Suffolk G J-t< D r ,+ + f Health Se es f proposed for- water- supply ,1
sewage disposal sy
r b, building t y11
T1 tffi , 11 supporting, ' + +' shall be made
t 1' + U the f building 1. ing perm t, the Building T N t Thal r.-,rot„ one
r 1
T Every building ,thee-ize not eemmeneed within 12
11(1J
Y r
authorize,menths a-fter the date of issuanee or-has not been eempleted within 18 months ffom s
date. if no zoning amendments or-other-rvgtilafiens affeeting the pr-oper,�,'have been
enaeted in the-inter-im, the Building inspeeter-may
inthe peEmit for- additional six months. Ther-�after-, a mnewa4-permit.shall b- .
begun,j. As seen as the 99undation of a building er-of any addition to an existing buildii.,
completed and before fir-st story framing or wa4l eonst-fuefien is
there shall-filed with the Building Inspeeter-an aeeur-ate s4 by the per-son responsib
7
survey,said
property 1'nes f the 1 AT t further- e r str„p shall b per` ' until h _
approved by the Building insperter,
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
Generated May 10, 2023 Page 52
Southold Town Board - Letter Board Meeting of May 9, 2023
include or be accompanied by the following information and documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address of any affected building or
structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance
with the provisions of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications)
which:
(a) describe the location, nature, extent, and scope of the proposed work;
(b) show that the proposed work will conform to the applicable
provisions of the Codes;
(c) show the location, construction, size, and character of all portions of
the means of egress;
(d) show a representation of the building thermal envelope;
(e) show structural information including but not limited to braced wall
designs, the size, section, and relative locations of structural members,
design loads, and other pertinent structural information;
(f) show the proposed structural, electrical, plumbing, mechanical, fire-
protection, and other service systems of the building;
(g) include a written statement indicating compliance with the Energy
Code;
(h) include a site plan, drawn to scale and drawn in accordance with an
accurate boundary survey, showing the size and location of new
construction and existing structures and appurtenances on the site,
distances from lot lines, the established street grades and the proposed
finished grades, and, as applicable, flood hazard areas,floodways, and
design flood elevations; and
(i) evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional
engineer in accordance with Article 145 of the New York State
Education Law and practice guidelines, including but not limited to
the design professional's seal which clearly and legibly shows both the
design professional's name and license number and is signed by the
design professional whose name appears on the seal in such a manner
that neither the name nor the number is obscured in any way, the
design professional's registration expiration date, the design
professional's firm name (if not a sole practitioner), and, if the
documents are submitted by a professional engineering firm and not a
sole practitioner professional engineer, the firm's Certificate of
Authorization number.
(6) Construction documents Construction documents will not be accepted as
part of an application for a Building Permit unless they satisfy the
requirements set forth in paragraph (5) of subdivision (d) of this section.
Generated May 10, 2023 Page 53
Southold Town Board - Letter Board Meeting of May 9, 2023
Construction documents which are accepted as part of the application for a
Building Permit shall be marked as accepted by the Building Inspector in
writing or by stamp, or in the case of electronic media, an electronic
marking. One set of the accepted construction documents shall be retained
by the Building Inspector, and one set of the accepted construction
documents shall be returned to the applicant to be kept at the work site so as
to be available for use by the Code Enforcement Personnel. However, the
return of a set of accepted construction documents to the applicant shall not
be construed as authorization to commence work, nor as an indication that a_
Building Permit will be issued. Work shall not be commenced until and
unless a Building Permit is issued.
(7) Issuance of Building Permits. An application for a Building Permit shall be
examined to ascertain whether the proposed work is in compliance with the
applicable requirements of the Uniform Code and Energy Code. The
Building Inspector shall issue a Building Permit if the proposed work is in
compliance with the applicable requirements of the Uniform Code and
Energy Code:
(8) Building Permits to be displayed. Building permits shall be visibly displayed
at the work site and shall remain visible until the authorized work has been
completed.
(9) Work to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the Building
Permit The Building Permit shall contain such a directive. The Permit
Holder shall immediately notify the Building Inspector of any change
occurring during the course of the work. The Building Permit shall contain
such a directive. If the Building Inspector determines that such change
warrants a new or amended Building Permit, such change shall not be made
until and unless a new or amended Building Permit reflecting such change is
issued.
(10) Time limits Building Permits shall become invalid unless the authorized
work is commenced within 6 months following the date of issuance. Building
Permits shall expire 12 months after the date of issuance. A Building Permit
which has become invalid or which has expired pursuant to this subdivision
may be renewed upon application by the Permit Holder, payment of the
applicable fee, and approval of the application by the Building Inspector.
(11) Revocation or suspension of Building Permits. If the Building Inspector
determines that a Building Permit was issued in error because of incorrect,
inaccurate, or incomplete information, or that the work for which a Building
Permit was issued violates the Uniform Code or the Energy Code, the
Building Inspector shall revoke the Building Permit or suspend the Building
Permit until such time as the Permit Holder demonstrates that:
(a) all work then completed is in compliance with all applicable
provisions of the Uniform Code and the Energy Code and
(h) all work then proposed to be performed shall be in compliance with
Generated May 10, 2023 Page 54
• Southold Town Board - Letter Board Meeting of May 9, 2023
all applicable provisions of the Uniform Code and the Energy Code.
D4,,'—. Permit fees.
The fee specified in or determined in accordance with the provisions set forth in this
chapter must be paid at the time of submission of an application for a Building Permit, for
an amended Building Permit, or for renewal of a Building Permit.
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a building permit, which fees shall be paid into the general
fund if the application is approved or returned to the applicant if the application is
denied:
(a) Single-family dwellings:
[1] New dwellings and alterations or additions to existing dwellings:
$200, plus $0.40 for each square foot of floor area.
[2] Accessory buildings and additions or alterations to existing
accessory buildings: $100,plus $0.40 for each square foot of floor
area.
(b) Farm buildings and additions or alterations to existing farm buildings:
$150 for each building.
(c) Hotel, motel, multiple dwellings and business, industrial and all other
buildings, including wineries:
[1] New buildings and additions and,alterations to existing buildings:
$250, plus $0.40 for each square foot of floor area.
[2] Accessory buildings and additions and alterations-to existing
accessory buildings: $100,plus $0.40 for each square foot of floor
area.
(d) Foundations constructed under existing buildings: $200.
(e) In-ground swimming pools, together with required enclosure fencing:
$250; aboveground swimming pools,together with required enclosure
fencing: $250.
(f) The permit fee for all signs shall be $75 per permit.
(g) Demolition and/or removal of any building: $100 minimum and$0.30 for
each square foot of floor area.
(h) Deer exclusion fences erected in accordance with § 280-105: $75.
(i) The fee for standard applications for any residential solar energy system
shall be $50.
(j) The permit fee for tents shall be $50 per permit.
(2) If an application is denied and a notice of disapproval is issued,the applicant shall
pay a fee of$50.
(3) For the purpose of this Subsection K, cellars, decks, attached garages and any
habitable area shall be included in the calculation of floor area.
(4) Preconstruction fee. If any land clearing or excavation or building or
commencement of any construction activity is without the benefit of applicable
Town permits, all fees associated with any land clearing or excavation or building
or construction activity will be equal to double the otherwise applicable fee for all
permits as provided by this chapter.
Generated May 10, 2023 Page 55
Southold Town Board- Letter Board Meeting of May 9, 2023
(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 • . Climatic and Geographic Design Criteria
A. n L. ild permit 1, ll b th -- f L r-d
• 11 the 1 1 l it is /.
based,wit
period
months after-the date of its issuanee. For- good 7
the Building Inspeeter-may all
six months.
r o
with the work in aeeerdanee with the approved plans and speeifioations and in,
regulations. All wor1 shall eenf
Q Complianee with the follewing regulations shall be a continuing eendition fer-the Val
Town of Southold:
(1) Stermwater-Funeff goner-ated as a result of up to a two ineh rainfall, or-its
equivalent in melting snow/iee, shall be eoi4ained on site during .
implementation of and use of erosion eentr-el measures and deviees
erosion and roadways shall `h ,
ine1 .1' - but + limited to str-aw bales, silt nen+ 1 fences, and/or d
b b
(2) Prior-to the issuanee of
eeFtifieate
of
ec-eupaney, it L 11 be .1 + ---- J +L. +
u�
drainage of r-eofs
r1 paved areas, yards and ui4s,
a other- N
Generated May 10, 2023 Page 56
Southold Town Board- Letter Board Meeting of May 9, 2023
shall of be d; ,.h e,l r that oreate a ,.b.l: nuisanee.
e
all promises shall be gr-aded
and-maintained to pr-event the erosion of soil-and to pr est the N.,..,.....latien of
stagnant water thereon er-within any str-uetwe leeated thereen. %'
(4) )Aiere a eenstruetion site is tFaye seri t
b y a waereoufse_dr.,; ge,:..,,,na ,.b..,n el
> > a J�
st-r-eam, provision shall be made to diveFt that water-way ar-etmd any ffeas
disturbed by eonstruetion and reeenneeted to its natwal path by means of caulve
or
other
D. Building pennits shall be visibly displayed at the work site and shall remain visible until
the authorized work has been eempleW-.
A The Building Inspector shall determine the climatic and geographic design criteria
for buildings and structures constructed within this Town of Southold as required
by the Uniform Code. Such determinations shall be made in the manner specified in
the Uniform Code using,where applicable, the maps, charts, and other information
provided in the Uniform Code. The criteria to be so determined shall include but
shall not necessarily be limited to, the following:
(1) design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required; the air
freezing index; and the mean annual temperature;
(2) heating and'cooling equipment design criteria for structures within the scope
of the RCNYS. The design criteria shall include the data identified in the
Design Criteria Table found in Chapter 3 of the RCNYS; and
(3) flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas as
identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
B The Building Inspector shall prepare a written record of the climatic and
geographic design criteria determined pursuant to subdivision (a) of this section,
shall maintain such record within the office of the Building Inspector, and shall
make such record readily available to the public.
§ 144-11 Building permit fees.
A. Upon filing of an application for a building permit, fees shall be paid in accordance with
§ 144-8 of the Town Code.
B. In the event that a building permit expires as set forth in § 144-8I,the applicant shall
remit an additional fee in an amount equal to 50% of the fee paid in connection with the
original application to renew the building permit.
C. In the event that an application for a building permit is not approved,the applicant shall
be entitled to a refund of 50% of the fee paid,provided that no construction has been
commenced. If construction work has been started and the application is not approved,
Generated May 10, 2023 Page 57
Southold Town Board- Letter Board Meeting of May 9, 2023
the fees paid shall not be refunded.
§ 144-12 Revocation of building permit.
The Building Inspector may revoke a building permit theretofore issued and approved in the
following instances:
A. Where he finds that there has been any false statement or misrepresentation as to a
material fact in the application, plans or specifications on which the building permit was
based.
B. Where he finds that the building permit was issued in error because of incorrect,
inaccurate or incomplete information, or that the work for which a building permit was
issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke
the building permit or suspend the building permit until such time as the permit holder
demonstrates that all work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code and all work then proposed to be performed
shall be in compliance with all applicable provisions of the Uniform Code and the Energy
Code.
C. Where he finds that the work performed under the permit is not being prosecuted in
accordance with the provisions of the application, plans or specifications.
D. Where the person to whom a building permit has been issued fails or refuses to comply
with a stop-work order issued by the Building Inspector.
§ 144-13 Stop-work orders.
A. The Building Inspector is authorized to issue stop-work orders pursuant to this section.
The Building Inspector shall issue a stop-work order to halt:
(1) Any work that is determined by the Building Inspector to be contrary to any
applicable provision of the Uniform Code or the Energy Code, without regard to
whether such work is or is not work for which a building permit is'required, and
without regard to whether a building permit has or has not been issued for such
work; or
(2) Any work that is being conducted in a dangerous or unsafe manner in the opinion
of the Building Inspector, without regard to whether such work is or is not work
for which a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(3) Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that has become
invalid, has expired, or has been suspended or revoked.
B. Content of Stop Work Orders
Stop-work orders shall:
(1) Be in writing;
(2) Be dated and signed by the Building Inspector;
(3) State the reason or reasons for issuance; and
(4) If applicable, state the conditions which must be satisfied before work will be
permitted to resume.
C. The Building Inspector shall cause the stop-work order, or a copy thereof,to be served on
the owner of the affected property, and if the owner is not the permit holder, on the
Generated May 10, 2023 Page 58
Southold Town Board - Letter Board Meeting of May 9, 2023
permit holder, personally or by certified mail to the owner or permit holder and posting at
the work site. The Building Inspector shall be permitted, but not required, to cause the
stop-work order, or a copy thereof, to be served on any or all of the following: builder,
architect, tenant, contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work affected by the stop-work order,
personally or by certified mail and posting; provided, however, that failure to serve any
person listed above shall not affect the efficacy of the stop-work order.
D. Upon the issuance of a stop-work order, the owner of the affected property, the permit
holder and any other person performing, taking part in or assisting in the work shall
immediately cease all work which is the subject of the stop-work order, other than work
expressly authorized by the Building Inspector or Code Enforcement Officer to
correct the reason for issuing the Stop Work Order.
E. The issuance of a stop-work order shall not be the exclusive remedy available to address
any event described in this section, and the authority to issue a stop-work order shall be
in addition to, and not in substitution for or limitation of, the right and authority to pursue
any other remedy or impose any other penalty under any other applicable local or state
law. Any such remedy or penalty may be pursued at any time, whether prior to, at the
time of, or after the issuance of a stop-work order.
§ 144-14 Right of entry.
Any Building Inspector, upon the showing of proper credentials and in the discharge of his
duties, may enter upon any building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
§ 144-15 Certificate of occupancy required; application.
A. No building hereafter erected shall be used or occupied in whole or in part until a
certificate of occupancy shall have been issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered, or upon which work has been
performed which required the issuance of a building permit, shall be occupied or used
unless a certificate of occupancy shall have been issued by the Building Inspector.
C. No change shall be made in the use or type of occupancy of an existing building unless a
certificate of occupancy authorizing such change shall have been issued by the Building
Inspector.
D. The owner or his agent shall make application for a certificate of occupancy.
Accompanying his application and before the issuance of a certificate of occupancy, there
shall be filed by the Building Inspector an affidavit of the registered architect or licensed
professional engineer who filed the original plans, or of the registered architect or
licensed professional engineer who supervised the construction of the work, or of the
building contractor who supervised the work and who, by reason of his experience, is
qualified to superintend the work for which the certificate of occupancy is sought. This
affidavit shall state that the deponent has examined and approved plans of the structure
for which a certificate of occupancy is sought, that the structure has been erected in
accordance with approved plans and, as erected, complies with the Uniform Code and
Energy Code and other laws governing building construction except insofar as variations
therefrom have been legally authorized. Such variations shall be specified in the affidavit.
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Southold Town Board - Letter Board Meeting of May 9, 2023
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 buildinll or structure, or portion thereof, for
which a Building Permit was previously issued shall be Ilranted 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/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.
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Southold Town Board- Letter Board Meeting of May 9, 2023
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 six (6) 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. 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.
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Southold Town Board- Letter Board Meeting of May 9, 2023
§ 144-16 Inspection prior to issuance of certificate; records.
A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause
to be examined all buildings, structures and sites for which an application has been filed
for a building permit to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy; and he may conduct such inspections as he deems appropriate from
time to time during and upon completion of the work for which a building permit has
been issued.
B. There shall be maintained by the Building Inspector a record of all such examinations and
inspections;together with a record of findings of violations of the Uniform Code, the
Energy Code, and other applicable laws.
§ 144 1 7 Tom.suanee of e r*ifin..1-.. o
A. The-Building inspeetor-shall issue aee4ifieate of eeeupaney if the we
bj + of the building it. ,Mete
�Y mr
of the nif6�ode,theEnergy Code and, if applieable, that the sti:uc «e, 1-,,,il.]ing o
peftion thereof that was eenver-ted from one use or eeoupaney elassifleation or
subolassif,ieafien to another-complies with a4l applieable provisions of the unifefffi G
}@ Code. The 1� 'ld T + 1, 11 ' - - ++1, building, s+,.,,etwe o ,rL
b Y rr
- to thessuanee eee,,Y � pf rt'f + of ,,.a <,eT addition, „koro pli,,able the
follewing deethriients, prepared in amer-danee with the provisions of the UnifeEm CO
Building inspeeter, at the expense of the applieant for-the eeftifleate of ecetipatipy,
be provided to the Build' or-to the issuffine-e- efthe. eeffifieate of eeetipaney:
\ A vff't4 statement f
t'n and
e n;
! \ Flood hazard eert;fie.,tions
B. Y
„b pefmit «, any;
!2\ The date f issuance of the permit,building if any;
!2\ The address n T� l\ number of the pr-ep
� , r
f tl- + _ortion ,vf f the + tffe l,iel, the ertifiete „ eraeupaney is issued;
!6\ The t, of.enstr„nt' of the ntr„et„re•
(7) The assembly eeeupant load 4141- M
e
!4\ if an autematiesprinkler- system provided,
spr-ink4er-
system is requir-ed;
u,
(9) Any sper.W eonditions imposed in eenneefien with the issuanee of the building
!1(1\ The
f the Building T + theeer ''" + f j and
.5..,...,..a o .,.kiln- ----r----- issuing -
tl, date f'
§ 144-44 17 Temporary certificates of occupancy; fee.
Upon request, and the payment of a fee of$25, the Building Inspector may issue a temporary
Generated May 10, 2023 Page 62
Southold Town Board - Letter Board Meeting of May 9, 2023
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 tune of building, structure, or facility
listed below:
(1) manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity tables
found in Chapter 50 of the FCNYS;
(2) Buildings, structures, facilities, processes, and/or activities that are within the
scope and/or permit requirements of the chapter or section title of the
FCNYS as follows:
(a) Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or
combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed by
the occupant of a detached one-family dwelling;
(e) Chapter 31, "Tents, Temporary Special Event Structures, and Other
Membrane Structures." Operating an air-supported temporary
membrane structure, a temporary special event structure, or a tent
where approval is required pursuant to Chapter 31 of the FCNYS;
(f) Chapter 32, "High-Piled Combustible Storage." High-piled
combustible storage facilities with more than 500 square feet
(including aisles) of high-piled storage;
(g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility
that stores in excess of 2,500 cubic feet of scrap tires or tire
byproducts or operating a tire rebuilding plant;
(h) Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work,welding, or cutting equipment, inside or on a structure,
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Southold Town Board - Letter Board Meeting of May 9, 2023
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;
(1) '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
(m) 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
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Southold Town Board- Letter Board Meeting of May 9, 2023
certificate of occupancy or certificate of compliance, fire safety and property
maintenance inspections are performed in accordance with section 11 (Fire Safety
and Property Maintenance Inspections) of this chapter, and condition assessments
are performed in compliance with section 13 (Condition Assessments of Parking
Garages) of this chapter, as applicable.
D Inspections The Building Inspector or an Inspector authorized by the Building
Inspector shall inspect the subject premises prior to the issuance of an Operating
Permit Such inspections shall be performed either in-person or remotely. Remote
inspections in lieu of in-person inspections may be performed when, at the
discretion of the Building Inspector or an Inspector authorized by the Building
Inspector, the remote inspection can be performed to the same level and quality as
an in-person inspection and the remote inspection shows to the satisfaction of the
Building Inspector or Code Enforcement Officer authorized by the Building
Inspector that the premises conform with the applicable requirements of the
Uniform Code and the code enforcement program. Should a remote inspection not
afford the Town of Southold sufficient information to make a determination, an
in-person inspection shall be performed. After inspection, the premises shall be
noted as satisfactory and the operating permit shall be issued, or the operating
permit holder shall be notified as to the manner in which the premises fail to comply
with either or both of the Uniform Code and the code enforcement program,
including a citation to the specific provision or provisions that have not been met.
E Multiple Activities In any circumstance in which more than one activity listed in
subdivision (a) of this section is to be conducted at a location, the Building Inspector
may require a separate Operating Permit for each such activity, or the Building
Inspector may, in their discretion, issue a single Operating Permit to apply to all
such activities.
F Duration of Operating Permits Operating permits shall be issued for a specified_
period of time consistent with local conditions but in no event to exceed as follows:
(1) thirty (30) days for tents, special event structures, and other membrane
structures;
(2) thirty (30) days for alternative activities at a sugarhouse;
(3) three (3)years for the activities, structures, and operations determined per
paragraph (9) of subdivision (a) of this section, and
(4) One (1)year for all other activities, structures, and operations identified in
subdivision (a) of this section The effective period of each Operating
Permit shall be specified in the Operating Permit. An Operating Permit may
be reissued or renewed upon application to the Building Inspector, payment
of the applicable fee, and approval of such application by the Building
Inspector.
G Revocation or suspension of Operating Permits. If the Building Inspector
determines that any activity or building for which an Operating Permit was issued
does not comply with any applicable provision of the Uniform Code, such Operating
Permit shall be revoked or suspended.
H Fee The fee specified in or determined in accordance with the provisions set forth in
section 18 (Fees) of this chapter must be paid at the time submission of an
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Southold Town Board- Letter Board Meeting of May 9, 2023
application for an Operating Permit, for an amended Operating Permit, or for
reissue or renewal of an Operating Permit.
$144-20 - CONDITION ASSESSMENTS OF PARKING GARAGES.
A Definitions. For the purposes of this section:
(1) the term "condition assessment" means an on-site inspection and evaluation
of a parking garage for evidence of deterioration of any structural element or
building component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that such
parking garage is an unsafe structure;
(2) the term "deterioration" means the weakening, disintegration, corrosion,
rust, or decay of any structural element or building component, or any other
loss of effectiveness of a structural element or building component;
(3) the term "parking garage" means any building or structure, or part thereof,
in which all or any part of any structural level or levels is used for parking or
storage of motor vehicles, excluding:
(a) buildings in which the only level used for parking or storage of motor
vehicles is on grade;
(b) an attached or accessory structure providing parking exclusively for a
detached one- or two-family dwelling; and
(c) a townhouse unit with attached parking exclusively for such unit;
(4) the term "professional engineer" means an individual who is licensed or
otherwise authorized under Article 145 of the Education Law to practice the
profession of engineering in the State of New York and who has at least three
years of experience performing structural evaluations;
(5) the term "responsible professional engineer" means the professional engineer
who performs a condition assessment, or under whose supervision a
condition assessment is performed, and who seals and signs the condition
assessment report The use of the term "responsible professional engineer"
shall not be construed as limiting the professional responsibility or liability of
any professional engineer, or of any other licensed professional,who
participates in the preparation of a condition assessment without being the
responsible professional engineer for such condition assessment.
(6) the term "unsafe condition" includes the conditions identified as "unsafe" in
section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and
(7) the term "unsafe structure" means a structure that is so damaged, decayed,
dilapidated, or structurally unsafe, or is of such faulty construction or
unstable foundation, that partial or complete collapse is possible.
B Condition Assessments - general requirements. The owner operator of each parking
garage shall cause such parking garage to undergo an initial condition assessment as
,described in subdivision (c) of this section, periodic condition assessments as
described in subdivision (d) of this section, and such additional condition
assessments as may be required under subdivision (e) of this section. Each condition
assessment shall be conducted by or under the direct supervision of a professional
engineer. A written report of each condition assessment shall be prepared, and
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Southold Town Board - Letter Board Meeting of May 9, 2023
provided to the Town of Southold, in accordance with the requirements of
subdivision (f) of this section. Before performing a condition assessment (other than
the initial condition assessment) of a parking garage,the responsible professional
engineer for such condition assessment shall review all available previous condition
assessment reports for such parking garage.
C Initial Condition Assessment. Each parking garage shall undergo an initial
condition assessment as follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo an
initial condition assessment following construction and prior to a certificate
of occupancy or certificate of compliance being issued for the structure.
(2) Parking garages constructed prior to August 29,2018, shall undergo an
initial condition assessment as follows:
(a) if originally constructed prior to January 1, 1984, then prior to
October 1,2019;
(b) if originally constructed between January 1, 1984 and December 31,
2002, then prior to October 1, 2020; and
(c) if originally constructed between January 1, 2003 and August 28,
2018, then prior to October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the chapter
enacting this provision that has not undergone an initial condition
assessment prior to that effective date shall undergo an initial condition
assessment prior to six (6) months after the effective date of this chapter.
D Periodic Condition Assessments. Following the initial condition assessment of a
parking garage, such parking garage shall undergo periodic condition assessments
at intervals not to exceed three (3)years.
E Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage includes a
recommendation by the responsible professional engineer that an additional
condition assessment of such parking garage, or any portion of such parking
garage, be performed before the date by which the next periodic condition
assessment would be required under subdivision (c) of this section, the owner
or operator of such parking garage shall cause such parking garage (or, if
applicable, the portion of such parking garage identified by the responsible
professional engineer) to undergo an additional condition assessment no later
than the date recommended in such condition assessment report.
(2) If the Town of Southold becomes aware of any new or increased
deterioration which, in the judgment of the Town of Southold, indicates that
an additional condition assessment of the entire parking garage, or of the
portion of the parking garage affected by such new or increased
deterioration, should be performed before the date by which the next
periodic condition assessment would be required under subdivision (c) of this
section, the owner or operator of such parking garage shall cause such
parking garage (or, if applicable, the portion of the parking garage affected
by such new or increased deterioration) to undergo an additional condition
assessment no later than the date determined by the Town of Southold to be
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Southold Town Board - Letter Board Meeting of May 9, 2023
appropriate.
F Condition Assessment Reports. The responsible professional engineer shall prepare,
or directly supervise the preparation of, a written report of each condition
assessment, and shall submit such condition assessment report to the Town of
Southold within sixty (60) days. Such condition assessment report shall be sealed
and signed by the responsible professional engineer, and shall include:
(1) an evaluation and description of the extent of deterioration and conditions
that cause deterioration that could result in an unsafe condition or unsafe
structure;
(2) an evaluation and description of the extent of deterioration and conditions
that cause deterioration that, in the opinion of the responsible professional
engineer, should be remedied immediately to prevent an unsafe condition or
unsafe structure;
(3) an evaluation and description of the unsafe conditions,
(4) an evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5) an evaluation and description of the corrective options available, including
the recommended timeframe for remedying the deterioration; conditions that
cause deterioration, and unsafe conditions;
(6) an evaluation and description of the risks associated with not addressing the
deterioration, conditions that cause deterioration, and unsafe conditions
(7) the responsible professional engineer's recommendation regarding
preventative maintenance;
(8) except in the case of the report of the initial condition assessment, the
responsible professional engineer's attestation that he or she reviewed all
previously prepared condition assessment reports available for such parking
garage, and considered the information in the previously prepared reports
while performing the current condition assessment and while preparing the
current report; and
(9) the responsible professional engineer's recommendation regarding the time
within which the next condition assessment of the parking garage or portion
thereof should be performed. In making the recommendation regarding the
time within which the next condition assessment of the parking garage or
portion thereof should be performed, the responsible professional engineer
shall consider the parking garage's age, maintenance history, structural
condition, construction materials, frequency and intensity of use, location,
exposure to the elements, and any other factors deemed relevant by the
responsible professional engineer in their professional judgment.
G Review Condition Assessment Reports. The Town of Southold shall take such
enforcement action or actions in response to the information in such condition
assessment report as may be necessary or appropriate to protect the public from the
hazards that may result from the conditions described in such report. In particular,
but not by way of limitation, the Town of Southold shall, by Order to Remedy or
such other means of enforcement as the Town of Southold may deem appropriate,
require the owner or operator of the parking garage to repair or otherwise remedy
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Southold Town Board - Letter Board Meeting of May 9, 2023
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 subiect parking garage to pay all costs and expenses
associated with making such previously prepared condition assessment reports (or
copies thereof) available to the professional engineer.
I This section shall not limit or impair the right or the obligation of the Town of
Southold:
(1) to perform such construction inspections as are required by section 5
(Construction Inspections) of this chapter;
(2) to perform such periodic fire safety and property maintenance inspections as
are required by section 144-12 (Fire Safety and Property Maintenance
Inspections) of this chapter; and/or
(3) to take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention of the
Town of Southold by means of its own inspections or observations, by means
of a complaint, or by any other means other than a condition assessment or a
report of a condition assessment.
§144-21 -NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within this
Town of Southold shall promptly notify the Building Inspector of any fire or explosion
involving any structural damage, fuel burning appliance, chimney, or gas vent.
§ 144-22 UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND
CONDITIONS OF IMMINENT DANGER
Unsafe buildings, structures, and equipment and conditions of imminent danger in this
Town of Southold shall be identified and addressed in accordance with the procedures
established by Chapter 100 of the Town Code, as now in effect or as hereafter amended
from time to time.
$144-23 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
A Inspections required Fire safety and property maintenance inspections of buildings
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Southold Town Board - Letter Board Meeting of May 9, 2023
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 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
Generated May 10, 2023 Page 70
Southold Town Board - Letter Board Meeting of May 9, 2023
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(c);
(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.
X144-24 - COMPLAINTS
The Building Inspector shall review and investigate complaints which allege or assert the
existence of conditions or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other chapter, ordinance or regulation adopted for
administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the following steps as the
Building Inspector may deem to be appropriate:
(1) performing an inspection of the conditions and/or activities alleged to be in
violation, and documenting the results of such inspection;
(2) if a violation is found to exist, providing the owner of the affected property
and any other Person who may be responsible for the violation with notice of
the violation and opportunity to abate, correct or cure the violation, or
otherwise proceeding in the manner described in section 144-26 of this
chapter;
(3) if appropriate, issuing a Stop Work Order;
(4) if a violation which was found to exist is abated or corrected, performing an
inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction, and
filing such report with the complaint.
§ 144-20 25 - Compliance required; penalties for offenses.
A T+ i. 11 b .. 1awf.1 for any firm or corporation to eo....+.uet alter- repair-,
move, remove, demolish, equip,
use or- oeeupy or-maintain any building or-struetuFeOF portion thereof in violation of a ks of this i
or-to fail in any
Generated May 10, 2023 Page 71
• Southold Town Board -Letter Board Meeting of May 9, 2023
manner-to comply wit1, n notice, .lir-eetiye n order- of the Building insnontor f or-t..
n str-uetf alter o use and oeeupy y building n str-uetur-e or part thereof in_a
..t permitted by an approved building permit or- nnrtifinoto of oecupaney.
A Orders to Remedy. The Building Inspector is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy Code, or this
chapter. An Order to Remedy shall be in writing; shall be dated and signed by the
Building Inspector; shall specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter; shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this chapter which is/are violated by the
specified condition or activity; and shall include a statement substantially similar to
the following: "The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy by [specify
date],which is thirty (30) days after the date of this Order to Remedy." The Order
to Remedy may include provisions ordering the person or entity served with such
Order to Remedy (1) to begin to remedy the violations described in the Order to
Remedy immediately, or within some other specified period of time which may be
less than thirty (30) days; to continue diligently to remedy such violations until each
such violation is fully remedied; and, in any event, to complete the remedying of all
such violations within thirty (30) days of the date of such Order to Remedy; and/or
(2) to take such other protective actions (such as vacating the building or
barricading the area where the violations exist)which are authorized by this
chapter or by any other applicable statute, regulation, rule, chapter or ordinance,
and which the Building Inspector may deem appropriate, during the period while
such violations are being remedied. The Building Inspector shall cause the Order to
Remedy, or a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail within five (5) days after the date
of the Order to Remedy. The Building Inspector shall be permitted, but not
required, to cause the Order to Remedy, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in work being
performed at the affected property personally or by registered mail or certified mail
within five (5) days after the date of the Order to Remedy; provided, however, that
failure to serve any Person mentioned in this sentence shall not affect the efficacy of
the Compliance Order.
B Appearance Tickets. The Building Inspector and each Inspector are authorized to
issue appearance tickets for any violation of the Uniform Code.
C Penalties. In addition to such other penalties as may be prescribed by State law,
l--�D 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
Generated May 10, 2023 Page 72
5, otithold Town Board - Letter Board Meeting of May 9, 2023
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
within 36 months thereafter, such person shall be guilty of a violation punishable
by a fine not to exceed $2,500.
D Injunctive Relief. An action or proceeding may be instituted in the name of this
Town of Southold, in a court of competent Jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of the Uniform Code,
the Energy Code, this chapter, or any term or condition of any Building Permit,
Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop
Work Order, Operating Permit, Order to Remedy, or other notice or order issued
by the Building Inspector pursuant to any provision of this chapter. In particular,
but not by way of limitation,where the construction or use of a building or structure
is in violation of any provision of the Uniform Code, the Energy Code, this chapter,
or any Stop Work Order, Order to Remedy or other order obtained under the
Uniform Code, the Energy Code or this chapter, an action.or proceeding may be
commenced in the name of this Town of Southold, in the Supreme Court or in any
other court having the requisite.jurisdiction, to obtain an order directing the
removal of the building or structure or an abatement of the condition in violation of
such provisions. No action or proceeding described in this subdivision shall be
commenced without the appropriate authorization from the Town Board of this
Town of Southold.
E Remedies Not Exclusive. No remedy or penalty specified in this section shall be the
exclusive remedy or remedy available to address any violation described in this
section, and each remedy or penalty specified in this section shall be in addition to,
and not in substitution for or limitation of, the other remedies or penalties specified
in this section, in section 144-13 (Stop Work Orders) of this chapter, in any other
section of this chapter, or in any other applicable law. Any remedy or penalty
specified in this section may be pursued at any time,whether prior to,
simultaneously with, or after the pursuit of any other remedy or penalty specified in
this section, in section 144-13 (Stop Work Orders) of this chapter, in any other
section of this chapter, or in any other applicable law. In particular, but not by way
of limitation, each remedy and penalty specified in this section shall be in addition
to, and not in substitution for or limitation of,the penalties specified in subdivision
(2) of section 382 of the Executive Law, and any remedy or penalty specified in this
Generated May 10, 2023 Page 73
Sotthold Town Board - Letter Board Meeting of May 9, 2023
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.
IV. 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.
V. EFFECTIVE DATE
This Chapter shall take effect immediately upon filing with the Secretary of State as provided by
law.
L '
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Generated May 10, 2023 Page 74
CHAPTER 144
The purpose of this Public Hearing is to consider certain changes to
Chapter 144 of the Town Code entitled "Fire Prevention and Building
Code Administration" incorporating updates to the NYS Fire Code.
These updates include changes to the requirements for permit
applications and renewals; inspection criteria and requirements;
certificates of compliance issuance and revocation, fire safety and
property inspections; and changes to definitions.
a�
d1d2a12f-8043-4959-911a-1f615da6209d sabrina.born@town.southoId.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
I
State of New York, i
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:
April 20,2023
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 26 day of April 2023
Notary Sign ture
MARY BETH ALESCIO WALLING
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01AL5056219
Qualified in Saratoga County
My Commission Expires March 04,2026
Notary Public Stamp
f
I
SOUTHOLD TOWN CLERK 1
I
{
d1d2a12f-8043-4959-911a-1f615da6209d sabrina.born@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,there
has been presented to the Town
Board of the Town of Southold,
Suffolk County, New York,on the
11th day of April, 2023, 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
9th day of May, 2023 at 7:00 p.m.
at which time all interested persons
will be given an opportunity to be
heard and,
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. 2023
A Local Law entitled, "A Local
Lawin 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
i
I
SOUTHOLD TOWN CLERK 2
I
d1d2a12f-8043-4959-911a-1f615da6209d Sabrina.born@town,southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
Law"
BE IT ENACTED by the Town Board
of the Town of Southold as follows:
I.Title,This chapter shall be known
as the"Uniform Fire Prevention and
Building Code Administration and
Enforcement Law,"
II. Purpose.Article 18 of the
Executive Law,as added by
Chapter 707 of the Laws of 1981,
provides for the preparation of a
Uniform Fire Prevention and
Building Code (Uniform Code),
which shall take effect on January
1, 1984,and the State Energy
Conservation Construction Code
(the Energy Code),which shall take
effect on January 1,2007,and
which every local government shall
administer and enforce on and after
such date. It is the purpose of This
chapter to provide for the
administration and enforcement of
the New York State Uniform Code
in the Town of Southold. 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 of occupancy,
are subject to the provisions of
this chapter.The entire Local Law
is available on the Town website:
www.southoldtownny.gov or at the
Town Clerk's Office.
BY ORDER OF THE TOWN BOARD
Dated:APRIL 11th, 2023
i
I
SOUTH0LID TOWN CLERK . 3
d1d2a12f-8043-4959-911a-1f615da6209d Sabrina.born@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
DENIS NONCARROW
SOUTHOLD TOWN CLERK
i
i
i
I
I
SOUTHOLD TOWN CLERK 4
I
COUNTY OF SUFFOLK
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Sarah Lansdale Department of
Commissioner Economic Development and Planning
April 25,2023 -
j= (�, ; "
Town of Southold
53095 Main Road MAY 2023
P.O. Box 1179
Southold,NY 11971
Attn: Scott A. Russell, Supervisor 7"cw n 1°.
Applicant: Town of Southold
Zoning Action: Adopted Reso 2023-366
Amend Chapter 144
In connection with"Fire Prevention&Building
Code Administration"
S.C.P.D. File No.: SD-23-LD
Dear Supervisor Russell:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
Very truly yours,
"Zai
By Christine DeSalvo
Andrew P. Freleng, Chief Planner
Division of Planning&Environment
APF/cd
LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191
Rudder, Lynda
From: Rudder, Lynda
Sent: Friday, April 14, 2023 10:09 AM
To: David McCall (dmccall@fiferry.com); Evans, Louisa; FI Community Board (ICB)
(ficommunityboard@gmail.com); geb cook;Jane Ahrens (ahrens Jane@gmail.com);Jane
Ahrens (finyinfo@gmail.com); New London Day Newspaper(legal@theday.com)
Subject: J Ch. 144 for publication
Attachments: Ch. 144 Fire Prev& Bldg Code - paper.docx
Importance: High
Please publish in the following:
4/20 edition of the Day paper
The FI website
Two(2) public places on Fishers Island
Thank you.
1
Born, Sabrina
From: Born, Sabrina
Sent: Thursday,April 13, 2023 2:38 PM
To: LL Notice-Suffolk County Planning (Plannin.ugpi9cmyw7vg0o,ku@u.box.com)
Cc: Noncarrow, Denis
Subject: Ch. 144-Fire Prevention & Bldg. Code Admin.
Attachments: Ch. 144-Fire Prev& Bldg_20230413143438.pdf
Importance: High
Tracking: Recipient Delivery
LL Notice-Suffolk County Planning
(Plannin.ugpi9cmyw7vgOoku@u.box.com)
Noncarrow,Denis Delivered:4/13/2023 2:38 PM
Good Afternoon,
Please see attached above, a Southold Town Public Hearing notice for a Ch. 144-Fire Prevention &
Building Code Administration set to be held on May 9, 2023.
Thank you,
,�q�'nu2a�?�muc
Sabrina M. Born
Sub-Registrar& Deputy Town Clerk
Senior Account Clerk
Southold Town Clerk's Office
53095 Route 25
P.O. Box 1179
Southold,NY 11971
Ph, 631-765-1800 ext. 1226
Fax: 631-765-6145
Your message is ready to be sent with the following file or link attachments:
Ch. 144-Fire Prev& Bldg_20230413143438.pdf
Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how attachments are handled.
1
Appendix A - County Referral Form
Appendix A—Suffolk County Planning Commission Guidebook
uffolk Cdiifit� ' 1 1 - 1
/ 1 1 1 1 A ' r ' - -
Municipality:, Town of Southold .
Hamlet Local Case Number: 2023-366
District: 1000 Section: Block: Lot: Local Meeting Date: 5/9/2023
Application/Action Name:6mend Ch 144 Fire Preypntenn R Building Public Hearing: IN Yes ❑ No
Code Administration
Referfin Actehcy: Type of Referral: SEORA Action;
❑Planning Board or Commission ❑New ❑EAF ❑Draft EIS ❑Positive Declaration
❑Zoning Board of Appeals Cl Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration
)l Town Board/Village Board of I Modification ❑Draft Scope ❑Findings
Trustees
Brief description of application or proposed action: Amendment to Chapter 144 Fire Prevention & Building
Code Administration
Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone,within one
mile of a nuclear power plant or airport or within 500 feet of.,
• A municipal boundary;
• The boundary of any existing or proposed county,state,or federal park or other recreation area;
• The right-of-way of any existing or proposed county or state road;
• An existing or proposed county drainage channel line;
The Atlantic Ocean,Long Island Sound,any bay In Suffolk County or estuary of any of the foregoing bodies of water,
• The boundary of county,state,or federally owned land held or to be held for governmental use;
• The boundary of a farm located in an agricultural district.
❑Comprehensive Plan(Adoption or Amendment) ❑Subdivision
❑Zoning Ordinance or Map(Adoption or Amendment) ❑ Use Variance
R Code Amendment ❑Area Variance
❑Official Map ❑Special Use Permit/Exception/Conditional Use
❑Moratorium ❑Site Plan
Note;The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements.
Additional Application Information
• Action Previously Referred to Suffolk County Planning Commission ❑Yes i1A No (If yes,Date )
• Adjacent Municipality Notified(see NYS GML 239 nn) 1A Yes ❑No ❑NIA
Located Within Long Island Pine Barrens Zone ❑Yes (&No
• Workforce/Affordable Housing ❑Yes )Q No ❑N/A
Energy Efficiency ❑Yes R No ❑N/A
• Zoning Board of Appeals Approval ❑Yes X No Q N/A
Suffolk County Department of Health Approval/Comments ❑Yes IN No ❑N/A
• New York State Dept.of Environmental Conservation Approval/Comments ❑Yes M No ❑NIA
• New York State/Suffolk County Dept.of Public Works Approval/Comments ❑Yes 12 No ❑N/A
• Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑1 ❑II ❑III ❑IV ❑V ❑VI ❑VII ❑VIII
Contact Information
Municipality Contact Name: Scott A.Russell Supervisor
Department/Agency: Town Board Town of Southold
Phone Number: .631-765-1800 Email Address: denisn@southoldtownny.gov.
Applicant Contact Name:.Denis Noncarrow,Town Clerk
Applicant Address: 53095 Main Rd,PO Box 1179,Southold, NY 11971
Times Review Media Group Invoice #: d1d2a12f
The Suffolk Times Date: 04/12/2023 a
Bill To Customer Email
SOUTHOLD TOWN CLERK sabrina.born@town.southold.ny.us
Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE
LAST INSERTION DATE.
Descrip'tion'-- Publish,Date ,, Arnoainti;
PUBLIC 04/20/2023 $69.35
Affidavit(eMail) 1 $25.00
Affidavit(Mail) 0 $0.00
Total: $94.35
Please remit checks payable to: Balance:
$94.35
Times Review Media Group
PO Box 1500
Mattituck, NY 11952
The invoice number MUST be included on your check to ensure that your payment is
applied correctly.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
w NOTICE IS HEREBY GIVEN,there
has been presented to the Town
Board of the Town of Southold,
Sugolk County,New York,on the
11 day of April,2023,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
Nad,Southold,New York,on the
9 day of May,2023 at 7:00 P.M.
at which time all interested persons
will be given an opportunity to be
heard and,
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. 2023
A Local Law entitled,"A Local
Lawin relation to an Amendment
to Amendment to Chapter 144.
Fire Prevention and Building
Code Administration,in
connection with Updates to the
yNew 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.Title.This chapter shall be known
as the"Uniform Fire Prevention and
Building Code Administration and
Enforcement Law."
Il.Purpose.Article 18 of the
Executive Law,as added by
Chapter 707 of the Laws of 1981,
provides for the preparation of a
Uniform Fire Prevention and
Building Code(Uniform Code),
which shall take effect on January
1,1984,and the State Energy
Conservation Construction Code
(the Energy Code),which shall take
effect on January 1,2007,and
which every local government shall
administer and enforce on and after
such date.it iS th9 PWFPese e#This
chapter to provide for the
administration and enforcement of
the New York State Uniform Gede
Fire
Prevention and Building Code
(the Uniform Code)and the State
Enerav 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 of occupancy,
are subject to the provisions of
this chapter.The entire Local Law
is available on the Town website:
www.southoldtownny.gov or at the
Town Clerk's Office.
BY ORDER OF TVE TOWN BOARD
Dated:APRIL 11 '2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 11th day of April, 2023, a Local Law entitled "A Local Law in relation to an
Amendment to Chapter 144, Fire Prevention and Buildinjj 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 9th
day of May, 2023 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard
and,
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. 2023
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. Title. This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration
and Enforcement Law."
II. Purpose.-Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981,provides for
the preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take effect on
January 1, 1984, and the State Energy Conservation Construction Code (the Energy Code), which shall take
effect on January 1, 2007, and which every local government shall administer and enforce on and after such
date. it is the r,,, ose of This chapter to provide for the administration and enforcement of the New York State
Uniform Code the Tovffi of Southold.
Fire Prevention and Building Code (the Uniform Code) and the State Enemy 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 of occupancy, are subject to the
provisions of this chapter
III. Amendment. The Southold Town Code is hereby amended by removing the struck through words and
adding the underlined words as follows:
§ 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) Code Enforcement Officer.
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 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.
ENERGY CODE - T1- State Energy ConseEvation Genstruetion Code, efAly ; off e �a
as her-eafter amended. The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS - The 2020 Fire Code of the State of New York as currently incorporated by
reference in 19 NYSCRR Part 1225
FIRE SAFTEY AND PROPERTY MAINTENANCE INSPECTION- An inspection
performed to determine compliance with the applicable provisions of 19 NYSCRR
Part 1225 and the publications incorporated therein by reference and the applicable
provisions of 19 NYSCRR Part 1226 and the publications incorporated therein by
reference.
HAZARDOUS PRODUCTION MATERIALS -A solid, liquid or gas associated with the
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 Hazards of Materials for Emergency Response), and
which is used directly in research, laboratory, or production process 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 and 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 'WRACK 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 XXIII of Title 19 of the NYCRR, adopted pursuant to
Article 18 of the Executive Law.
§ 144-4 Conflicts with other regulations.
Where the provisions of this chapter conflict with or impose a different requirement than any other provision of
the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the
higher standard or requirement shall govern.
§ 144-5 Powers and duties of Building Inspector.
A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise
provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and
Energy Code and regulations applicable to the construction, alteration, repair, removal and demolition of
buildings and structures, and the installation and use of materials and equipment therein, and the location, use,
occupancy and maintenance thereof.
B. The Building Inspector shall receive, review, and approve or disapprove applications and issue permits
for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine
the premises for which such applications have been received or such permits have been issued, for the purpose
of ensuring compliance with the Uniform Code, Energy Code and other laws, ordinances and regulations
governing building construction.
C. The Building Inspector shall conduct construction inspections, inspections to be made prior to the
issuance of certificates of occupancy, fire safety and property maintenance inspections, inspections incidental
to the investigation of complaints, and all other inspections required or permitted under any provision of this
chapter, shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this
chapter and shall have the following powers and duties:
(1) to receive, review and approve or disapprove applications for Building Permits, Certificates of
Occupancy 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 Certificate of Occupancy and
Operating Permits;
(3) To conduct construction inspections; inspections to be made prior to issuance of Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits;
(J-) (4) To issue stop-work orders;
(2-) To review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this local law;
(3) (7) To maintain records;
(4) (8) To collect fees as set by the Town Board of the Town of Southold;
(5 (9) To pursue administrative enforcement actions and proceedings;
( } (10) In consultation with this Town's attorney, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code,the Energy Code, and this chapter, or to abate or
correct conditions not in compliance with the Uniform Code, the Energy Code or this chapter; and
(7) 11 To exercise all other powers and fulfill all other duties conferred upon the Building Inspector by
this chapter.
D. The Building Inspector shall possess background experience related to building construction or fire
prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall require for code enforcement personnel,
and shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the
regulations promulgated thereunder.
E In the event that the Building Inspector is unable to serve as such for any reason,
another individual shall be appointed by the Town Board to serve as a Building Inspector, during
the term of their appointment, exercise all powers and fulfill all duties conferred upon the Building
Inspector by this chapter.
F One or more Inspectors may be appointed by the Town Board to act under the
supervision and direction of the Building Inspectors and to assist the Building Inspectors in the exercise
of the powers and fulfillment of the duties conferred upon the Building Inspectors by this chapter. Each
Inspector shall,within the time prescribed by law, obtain such basic training, in-service training,
advanced in-service training, and other training as the State of New York shall require for code
enforcement personnel, and each Inspector shall obtain certification from the Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
G The compensation for the Building Inspectors shall be fixed from time to time by the
Town Board of this Town of Southold by resolution or collective bargaining agreement as applicable.
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-F. 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.
� r .
All such records shall be public records open for public inspection during normal
business hours. All plans and records pertaining to buildings or structures, or
appurtenances thereto, shall be retained for at least the minimum time period so required by State law
and regulation.
K--G. All such records shall be public records open for public inspection during normal
business hours. All plans and records pertaining to buildings or structures, or
appurtenances thereto, shall be retained for at least the minimum time period so required
by state law and regulation.
L—H. Program review and reporting.
(1) The Building Inspector shall, as directed, submit to the Town Board a written
report and summary of all business conducted by him, including permits and
certificates issued, fees collected, orders and notices promulgated, inspections and
tests made and appeals or litigation pending.
(2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf
of this Town, on a form prescribed by the Secretary of State, a report of the
activities of this Town, relative to administration and enforcement of the Uniform
Code.
(3) The Building Inspector shall, upon request of the New York State Department of
State, provide to the New York State Department of State, from the records and
related materials in this Town is required to maintain, excerpts, summaries,
tabulations, statistics and other information and accounts of the activities of this
Town in connection with administration and enforcement of the Uniform Code.
(4) The Building Inspector shall annually submit to the Town Board of this
Town of Southold a written report and summary of all business conducted by the Building Inspector and
its staff, including a report and summary of all
transactions and activities described in section 14 (Record Keeping) of this
chapter and a report and summary of all appeals or litigation pending'or concluded.
(5) The Building Inspector shall annually submit to the Secretary of State, on
behalf of this Town of Southold, on a form prescribed by the Secretary of
State, a report of the activities of this Town of Southold relative to
administration and enforcement of the Uniform Code.
(6) The Building Inspector shall, upon request of the New York State
Department of State, provide to the New York State Department of State,
true and complete copies'of the records and related materials this Town of
Southold is required to maintain; true and complete copies of such portion of
such records and related materials as may be requested by the Department
of State; and/or such excerpts, summaries, tabulations, statistics, and other
information and accounts of its activities in connection with administration
and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of
State.
M. 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;
ti x
(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 Btiil ing ripe"+""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.
Mf{e) Building systems, including underground and rough-in;
W#) Fire-resistant construction;
(111-W Fire-resistant penetrations;
Qi -(h) Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
jh-( ; and. 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, enemy recovery,whole-house ventilation, plumbing heat
traps, and high-performance lighting and controls;
M Installation, connection, and assembly of factor manufactured
buildings and manufactured homes; and
L11-0) A final inspection after all work authorized by the building permit has
been completed.
(3) Remote inspections At the discretion of the Building Inspector or Inspector
authorized to perform construction inspections, a remote inspection may be
performed in lieu of an in-person inspection when, in the opinion of the
Building Inspector or such authorized Inspector, the remote inspection can
be performed to the same level and quality as an in-person inspection and the
remote inspection shows to the satisfaction of the Building Inspector or by
such authorized Inspector that the elements of the construction process
conform with the applicable requirements of the Uniform Code and Energy
Code Should a remote inspection not afford the Building Inspector or such authorized Inspector
sufficient information to make a determination, an in-person inspection shall be performed
fAl{3) 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 where 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
x r
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.
/1\ inspections requd A;«e safety and prope,.t.,mn;„+etions of
buildings and struetwes shall be per-fefmed by the Building inspector at the
following iteryls!
(a) T f + • d property . te e inspeetionsrvf buildings
st,, nt. «every e
17 m r,ths
/hl F f + d Y Y J Ay m „+enanee ; sr o eetien _ f 11 multiple dwellings not
J
�nd oeeupaneies not included in Subseetien B(l)(a), shall be per-formed a least.
�iv,ne o 36 months.
/7\ T Y Y t'ons 'tied in „dd;tie to the ;„ter,,e t' d by Q h t' B(I)
/ a
building,. etion of any
strueture, use, or oeeupaney, or- of any dwelling ..it may also be per-f,.med by
the Building inspecter- at any time upon:
Vty agent
( ) 'Th 1 1� 1+ f th ew-ner- of the pe r hL 111JV+ ' tl ' f
VL
sueh owner-;
/ .
/h\ A t by the B 'l�ding T,, ete 11ttt11 statement 11F• g that eendit
ip •rLL
aetivities failing+ ly with the T T.,; rodeor-Energy `��.Cedeex
�t.
1
l \ A t by the Building inspeeter of any other infermatien, r-easenably believed
reliable,by the Building inspector to be
giving rise to reasonable 6ause to believethat eenditions or- aetivities failing te epmply w4h the Unifenn Cede er Energy Code exist; pr-ovided,
i
,
that nothing i:m th- —Lqectien shall be eonstrued as pennitting an inspeetion under any eir-eumstances tmde
whieh a eetut order-er wafr-arA permitting sueh inspeetion is r-equir-ed, unless sueh eetu4 er-der- er war-rant sh
have been obtained.
/dl OFPC er-inspeetions. Nothing in
chapter-
shall supersede, limitimpair-the powers, duties and responsibilities of the Nev:
VYerk Stat nom— f Fire A t' d G t 1 /��(1L'PC”) d the N V 1
` rn�rl�r�c-v� i vlaE.
B 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(c);
(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.
C 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.
D.-E. Inspection of tents. [Added 3-11-2014 by L.L. No. 4-20141
(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. [Amended 3-11-2014 by L.L.
No. 4-20141
(1) ,
removal, improvement, demelition, eenver-sion or-change in the natufe of the eecupaney of any building or
struettffe, or eause the same to be done, w4hout first obtaining a separate building pefmit from the Building
insp ee-tor for-eaeh sueh building-or str-uetwe. A building permit shall be required,for any work whieh mus
eenfenn to the Unifefm Code, and Energy Cede,txeept that no building pefmit shall be requir-1 Exce t.
as otherwise provided in subdivision (2) 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.
z '
(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 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 144 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 1, II, or IIIA
liquids;
(h) Constmeti on of temper-afy metion pieture, television and theater- stage sets and seen Construction
of temporary sets and scenery associated with motion pictures, television and theatre uses.
(i) Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or
multiple single-family dwellings (townhouses);
fh installation partitionsab s less than five_fzt ?;;e . „he in height— nstallation of
partitions or movable cases less than 5'-9" 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 invelve—
[1] The r-efneval or etA4ing away of a load bearing wall,pa-r-fifien, or-
peFfien thereefl, or of a" straetural beam or- lead bear-ing
cent
[2] The refneval or ehange f
rearrangement of parts of a struetur- ii..a...a.—r-whieh affe
egress;
gement,
[3] TL. 1 alto +atio rn 1(.fit tlllt 111 4 1 at;.. of building J
system;
or-
[r'] Therem 1 Fr, o of all
paft of a fire i
for any period ^Rune. Repairs, provided that the work does not
have an impact on fire and life safety, such as (i) any part of
the structural system; (ii) the required means of egress; or (iii)
the fire protection system or the removal from service of any
part of the fire protection system for any period of time.
(2)(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
A
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 Subsection A(2) of this section
shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy
Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the
Southold Town Code.
B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no
effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken
or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be
invalid.
C npphe tions
(1) Every appheation for a building permit sha4l be ra�de in vffifing, on a form provided by or other-wise
aeeeptable to the Building inspeeter. The applieation shall be signed by the ev,%er-or an authorized agent of
evffier-and contain the following information and be aeeompanied by the required fee. in addition,plans
speeifleations shall be filed with the building permit appheation to enable the Building inspeeter to eNamine
sueh plans to aseertain if the proposed building will eomply with appli6able requirements of the Uniform Ce
and the Energy Code. The applieation shall inelude or be aecompanied by the fellowifig information and
doetimentationi
(a) The t 1 shape, dimensions, radii, angles and .� of the lot o ,.b.ie
�[ area V 1 �
-ee
the building t b. t .f the lot ,l++ b. 't is siW ted
proposed er
���' vir--vv ixaiaa i�i.�
fan t' b building, exeept in then e of the alterations of building
numbers,which do not aff-eet the eAerior thereefi
(b) The seetion, bloek and lot as
any, y appear on the latest tax r-eeords.
(e) The exaet size and—leeations on the lot of the proposed building or-buildings or-struetafal alteration of an
• ting building and f other-existing bu lrlings o the same 1„t
o
buildings,(d) A survey of the lot aeettrately depieting all eurrently existing and proposed sti-detures.
(e) The dimensions of all yards in r-elation to the subject building and the distanees between sueh building
and any other-existing buildings on the same lot and adjaeent lots as well as the ealeulation of existing and
proposed lot eoverage.
(f) The existing and intended use of all
existing or proposed,the use of land d the ntimb
dwelling units the building is designed to aeeernmedate, and the neeessar-y computations to establish eonfeFmity
t the bulk a density regulations.
(g) Sueh topegraphie or other information with regard to the building,the lot or-neighbor- ng lots as mdy-be
neeessafy to determine that the proposed eanstruction will eonfefm to the f.this chapter-.
subdivision map sI.-.' d by a eertified abstrae4 of title issued by -4
le and separat6 owner-sWo lot prior-to A--;1 9, 1957.
(i) A plot plan dr-avffi to seale and signed by the per-son responsible for each Elrawing. At the discretion of
the Building inspeeter, a sufvey may be required, prepared by a lieensed engineer-or land .
0) Eaeh appheation for a building permit for a new dwelling unit shall be aceempanied by plans an
speeifleations bearing the signature and original sea! of a lieensed professional engineer-or arehi
(k) 'In instanees where a notiee of disapproval has been issued by the Building inspeeter and an applieation
for a building permit is submitted after subsequent r-eview and approval by the Tovai of Southold Bear
Trustees, the Zoning Board of Appeals, and/or the Planning-Beard, the applieant shall also submit the appr
plan stamped as "approved"
- - -
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C Applications for Building Permits. Applications for a Building Permit shall be made in writing on
a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by
the owner of the property where the work is to be
performed or an authorized agent of the owner. The application shall include such
information as the Building Inspector deems sufficient to permit a determination by the Building
Inspector that the intended work complies with all applicable requirements of the Uniform Code and the
Energy Code The application shall include or be accompanied by the following information and
documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address of any affected building or
structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance
with the provisions of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications)
which
(a) describe the location, nature, extent, and scope of the proposed work;
(b) show that the proposed work will conform to the applicable provisions of the Codes;
(c) show the location, construction, size, and character of all portions of the means of egress;
(d) show a representation of the building thermal envelope;
(e) show structural information including but not limited to braced wall
designs, the size, section, and relative locations of structural members,
design loads, and other pertinent structural information;
(f) show the proposed structural, electrical, plumbing, mechanical, fire-
protection, and other service systems of the building;
(g) include a written statement indicating compliance with the Energy Code;
(h) include a site plan, drawn to scale and drawn in accordance with an
accurate boundary survey, showing the size and location of new
construction and existing structures and appurtenances on the site,
distances from lot lines, the established street grades and the proposed
finished grades, and, as applicable, flood hazard areas, floodways, and
design flood elevations; and
(i) evidence that the documents were prepared by a licensed and registered architect in accordance
with Article 147 of the New York State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law and practice guidelines, including
but not limited to the design professional's seal which clearly and legibly shows both the design
professional's name and license number and is signed by the design professional whose name appears on
the seal in such a manner that neither the name nor the number is obscured in any way, the design
professional's registration expiration date, the design
professional's firm name (if not a sole practitioner), and, if the documents are submitted by a
professional engineering firm and not sole practitioner professional engineer, the firm's Certificate of
Authorization number.
(6) Construction documents Construction documents will not be accepted as part of an application
for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of
this section Construction documents which are accepted as part of the application for a Building Permit
shall be marked as accepted by the Building Inspector in writing or by stamp, or in the case of electronic
media, an electronic marking One set of the accepted construction documents shall be retained by the
Building Inspector, and one set of the accepted construction documents shall be returned to the applicant
to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the
return of a set of accepted construction documents to the applicant shall not be construed as
authorization to commence work, nor as an indication that a Building Permit will be issued.Work shall
not be commenced until and unless a Building Permit is issued.
(7) Issuance of Building Permits. An application for a Building Permit shall be
examined to ascertain whether the proposed work is in compliance with the
applicable requirements of the Uniform Code and Energy Code. The Building Inspector shall issue a
Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform
Code and Energy Code.
(8) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and
shall remain visible until the authorized work has been completed.
(9) Work to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents which were submitted with and accepted as
part of the application for the Building Permit. The Building Permit shall contain such a directive. The
Permit Holder shall immediately notify the Building Inspector of any change occurring during the course
of the work. The Building Permit shall contain such a directive. If the Building Inspector determines that
such change
warrants a new or amended Building Permit, such change shall not be made until and unless a new or
amended Building Permit reflecting such change is issued.
(10) Time limits. Building Permits shall become invalid unless the authorized work is commenced
within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of
issuance A Building Permit which has become invalid or which has expired pursuant to this subdivision
may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of
the application by the Building Inspector.
(11) Revocation or suspension of Building Permits. If the Building Inspector
determines that a Building Permit was issued in error because of incorrect,
inaccurate, or incomplete information, or that the work for which a Building
Permit was issued violates the Uniform Code or the Energy Code, the Building Inspector shall revoke the
Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that:
(a) all work then completed is in compliance with all applicable provisions of the Uniform Code and
the Energy Code and
(b) all work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Energy Code.
D-.4,',-. 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.
x
(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 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. A building permit shall be effeetive to authorize the eemmeneing of work in aceer-dance with the
appheation, plans and speeifleations on whieh it is based, for- a period of 19 nionths after-the date e
...-anee. For- good eause, the Building inspeeter may allew an ex4ensien for a period not exeeeding six months.
B. The issaanee of a building permit shall eenstitute authority to the applieant to pr-eeeed with the work in
aecer-danee with the appr-oved plans and speeifleations and in aecor-danee with the Uniform Code and applicable
building laws, or-dina-Rees or regulations. All,-A,er-k shall eenform to the approved applieation, plans
sp •.mss
G. Compliance with the following r-egulatiens shall be a eentinuing eendition for the validity and existenee
lmplemetAatien F .1 use f erosion control ineasures and ' to )revent soil
erosion and-flooding
i• F neighboring r r ..t' and ad � shall brequired-,
i Ilimited+ + ivvv bales, -ont of i •�1/ grading,
bRF + r� a
areas,drainage of roofs and paved nd >
premises shall not be diseharged in a manner-that er-e es a publie
(3) Prior-to the issuanee of a eei4ifieate of e
rl • + ,1 t t t1, f 1 ,1 to t the .,,.,.,,.,,,.1 at:.. 0
ur�crrrmmcmrr�cv-prc�cn�crn, civ^�rviry^rsoir-uizcrro-pr...... ,..... »...,»...».»..,,.. .,a
stagnant. to«ther-eon witanyhin s4 .,etwe 1ate the 0
(it) Wl,er-e a eanst ..t• site is traversedby a water-eetffse, a h1
stfeam, provision shall be made to diveFt that water-way around any area
disturbed by eenstme-tion and r-eeonneeted to its naffal path by means of oulverts
other-
D. Building pei!mits shall be visibly displayed at the work site and shall remain visible urAil the author-iz
work has been, plete
A The Building Inspector shall determine the climatic and geographic design criteria for buildings
and structures constructed within this Town of Southold as required by the Uniform Code. Such
determinations shall be made in the manner specified in the
Uniform Code using,where applicable, the maps, charts, and other information provided in the Uniform
Code The criteria to be so determined shall include but shall not necessarily be limited to,the following:
(1) design criteria to include ground snow load; wind design loads; seismic category; potential
damage from weathering, frost, and termite; winter design temperature; whether ice barrier
underlayment is required; the air freezing index; and the mean annual temperature;
(2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The
design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include,
at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in
the Flood Insurance Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
B The Building Inspector shall prepare a written record of the climatic and geographic design
criteria determined pursuant to subdivision (a) of this section, shall maintain such record within the
office of the Building Inspector, and shall make such record readily available to the public.
§ 144-11 Building permit fees.
A. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the
Town Code.
B. In the event that a building permit expires as set forth in § 144-8I, the applicant shall remit an additional
fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building
permit.
C. In the event that an application for a building permit is not approved, the applicant shall be entitled to a
refund of 50% of the fee paid, provided that no construction has been.commenced. If construction work has
been started and the application is not approved, the fees paid shall not be refunded.
§ 144-12 Revocation of building permit.
The Building Inspector may revoke a building permit theretofore issued and approved in the following
instances:
A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the
application, plans or specifications on which the building permit was based.
B. Where he finds that the building permit was issued in error because of incorrect, inaccurate or
incomplete information, or that the work for which a building permit was issued violates the Uniform Code or
the Energy Code,the Building Inspector shall revoke the building permit or suspend the building permit until
such time as the permit holder demonstrates that all work then completed is in compliance with all applicable
provisions of the Uniform Code and the Energy Code and all work then proposed to be performed shall be in
compliance with all applicable provisions of the Uniform Code and the Energy Code.
C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the
provisions of the application, plans or specifications.
a
D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop-work
order issued by the Building Inspector.
§ 144-13 Stop-work orders.
A. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building
Inspector shall issue a stop-work order to halt:
(1) Any work that is determined by the Building Inspector to be contrary to any
applicable provision of the Uniform Code or the Energy Code, without regard to
whether such work is or is not work for which a building permit is required, and
without regard to whether a building permit has or has not been issued for such
work; or
(2) Any"work that is being conducted in a dangerous or unsafe manner in the opinion
of the Building Inspector, without regard to whether such work is or is not work
for which a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(3) Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that has become
invalid, has expired, or has been suspended or revoked.
B. Content of Stop Work Orders
Stop-work orders shall:
(1) Be in writing;
(2) Be dated and signed by the Building Inspector;
(3) State the reason or reasons for issuance; and
(4) If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on the owner of
the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified
mail to the owner or permit holder and posting at the work site. The Building Inspector shall be permitted, but
not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder,
architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person
taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting;
provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work
order.
D. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any
other person performing, taking part in or assisting in the work shall immediately cease all work which is the
subject of the stop-work order, other than work expressly authorized by the Building Inspector or Code
Enforcement Officer to correct the reason for issuing the Stop Work Order.
E. The issuance of a stop-work order shall not be the exclusive remedy available to address any event
described in this section, and the authority to issue a stop-work order shall.be in addition to, and not in
substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty
under any other applicable local or state law. Any such remedy or penalty may be pursued at any time, whether
prior to, at the time of, or after the issuance of a stop-work order.
§ 144-14 Right of entry.
Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter
upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent
such entry.
§ 144-15 Certificate of occupancy required; application.
A. No building hereafter erected shall be used or occupied in whole or in part until.a
certificate of occupancy shall have been issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered, or upon which work has been
performed which required the issuance of a building permit, shall be occupied or used
unless a certificate of occupancy shall have been issued by the Building Inspector.
C. No change shall be made in the use or type of occupancy of an existing building unless a
certificate of occupancy authorizing such change shall have been issued by the Building
Inspector.
D. The owner or his agent shall make application for a certificate of occupancy. Accompanying his
application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector
an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the
registered architect or licensed professional engineer who supervised the construction of the work, or of the
building contractor who supervised the work and who, by reason of his experience, is qualified to superintend
the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has
examined and approved plans of the structure for which a certificate of occupancy is sought,that the structure
has been erected in accordance with approved plans and, as erected, complies with the Uniform Code and
Energy Code and other laws governing building construction except insofar as variations therefrom have been
legally authorized. Such variations shall be specified in the affidavit.
E Certificates of Occupancy and Certificates of Compliance required. A Certificate of
Occupancy or Certificate of Compliance shall be required for any work which is the
subiect 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/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
t
(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 subiect 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 performinglurther construction work in the
building or structure A Temporary Certificate of Occupancy shall be effective for a period of time, not
to exceed six (6) 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.
� + pn!n Code, / ^ at 1
of the VK , LCGIJ 7 1 7
portion thereef that was eenverted fr )r VKllt Y t
and the Energy Cede. The Building inspector- shall inspeet the building, stvaetufe or-
r, + the issuance f a rt:fieate of eeeupaney. i addition, where applieable,the
fellowing 1 the Uniform� prepared
per-sonby sueh
persens as may be designated by of other-wise ueeeN K
ble to the
Building inspeeter, at the expense ef the appliearA for the eertifieate of eeeupaney, shall be provided to the
C111LKCt Vl VVL KF/
Building 1 prior- - -
1 T
C1V11J and/el K final N N
ial
n+,A n; 7Yf d a +
^` a
2) Flood
Hazard eertifle]tions
B A rt'f + ef yaeJ�y shah .l ntthe f lle „aginformation.:
(1) The building permit ", 11 uaiy,
C\ The date f' �Z/ft e building yVaYa+, if any;
name, address and Tax Map niamber of the ;
fit) if t ,-t'f+ fupaney is + 1' b + +' +.., .,+,, o d o +i e
C-� ufe /� 1 1 N.4/{111L�KVlV � � n ��r
f that
N+' f t + + fe i.hie the ert,f:.. + f 111 issued;
1 Vtt K{JK�^y'
r
(5) The use and eeeupaney elassifleatien of�he e
(6) The type of eenstfuetien ef the i
(7) The assembly eeeupant lead ef the
Cg\ if an + +' k system „rided
y n j� M , a notation as to whether the 1
to required;
(9) A1 d'+' imposed ieenn +Ll+' t of+Ll building
y
perm and—
(10) The signature f+1, R 'ld'
the date of iss e
§ 144-4-8 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.
§ 144-4-118 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
i
C
a fruit-ripening process using ethylene gas;
(d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation
or insecticidal fogging performed by the occupant of a detached one-family dwelling;
(e) Chapter 31, "Tents, Temporary Special Event Structures, and Other
Membrane Structures." Operating an air-supported temporary membrane structure, a temporary
special event structure, or a tent where approval is
required pursuant to Chapter 31 of the FCNYS;
(f) Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with
more than 500 square feet (including aisles) of high-piled storage;
,(g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500
cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;
(h) Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of hot work,welding, or cutting
equipment, inside or on a structure, except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by the occupant of a detached one- or
two-family dwelling;
(i) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a
sugarhouse;
(j) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects *materials except the outdoor use of sparkling devices as defined by Penal Law
section 270;
(k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting
open burning, not including recreational fires and portable outdoor fireplaces;
(1) 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
(m) 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
j ) V
the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and
Property maintenance inspections are performed in accordance with section 11 (Fire Safety and Property
Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with
section 13 (Condition Assessments of Parking Garages) of this chapter, as applicable.
D Inspections The Building Inspector or an Inspector authorized by the Building Inspector shall
inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be
performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be
performed when, at the discretion of the Building Inspector or an Inspector authorized by the Building
Inspector, the remote inspection can be performed to the same level and quality as an in-person
inspection and the remote inspection shows to the satisfaction of the Building Inspector or Code
Enforcement Officer authorized by the Building Inspector that the premises conform with the applicable
requirements of the Uniform Code and the code enforcement program. Should a remote inspection not
afford the Town of Southold sufficient information to make a determination, an in-person inspection
shall be performed After inspection, the premises shall be noted as satisfactory and the operating permit
shall be issued, or the operating permit holder shall be notified as to the manner in which the premises
fail to comply with either-or both of the Uniform Code and the code enforcement program, including a
citation to the specific provision or provisions that have not been met.
E Multiple Activities In any circumstance in which more than one activity listed in
subdivision (a) of this section is to be conducted at a location, the Building Inspector may require a
separate Operating Permit for each such activity, or the Building Inspector may, in their discretion, issue
a single Operating Permit to apply to all such activities.
F Duration of Operating Permits Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(1) thirty (30) days for tents, special event structures, and other membrane structures;
(2) thirty (30) days for alternative activities at a sugarhouse;
(3) three (3)years for the activities, structures, and operations determined per
paragraph (9) of subdivision (a) of this section, and
(4) One (1)year for all other activities, structures, and operations identified in
subdivision (a) of this section. The effective period of each Operating Permit
shall be specified in the Operating Permit An Operating Permit may be reissued or renewed upon
application to the Building Inspector, payment of the applicable fee, and approval of such application by
the Building Inspector.
G Revocation or suspension of Operating Permits. If the Building Inspector determines that any
activity or building for which an Operating Permit was issued does not comply with any applicable
provision of the Uniform Code, such Operating Permit shall be revoked or suspended.
H Fee The fee specified in or determined in accordance with the provisions set forth in
section 18 (Fees) of this chapter must be paid at the time submission of an application for an Operating
Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.
$144-20 - CONDITION ASSESSMENTS OF PARKING GARAGES.
A Definitions. For the purposes of this section:
(1) the term "condition assessment" means an on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building component of such parking garage,
evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure;
(2) the term "deterioration" means the weakening, disintegration, corrosion, rust, or decay of any
structural element or building component, or any other loss of effectiveness of a structural element or
building component;
(3) the term "parking garage" means any building or structure, or part thereof, in which all or any
part of any structural level or levels is used for parking or storage of motor vehicles, excluding:
(a) buildings in which the only level used for parking or storage of motor
vehicles is on grade;
(b) an attached or accessory structure providing parking exclusively for a
detached one- or two-family dwelling; and
(c) a townhouse unit with attached parking exclusively for such unit;
(4) the term "professional engineer" means an individual who is licensed or otherwise authorized
under Article 145 of the Education Law to practice the profession of engineering in the State of New
York and who has at least three years of experience performing structural evaluations;
(5) the term "responsible professional engineer" means the professional engineer who performs a
condition assessment, or under whose supervision a condition assessment is performed, and who seals
and signs the condition assessment report. The use of the term "responsible professional engineer" shall
not be construed as limiting the professional responsibility or liability of any professional engineer, or of
any other licensed professional,who participates in the preparation of a condition assessment without
being the responsible professional engineer for such condition assessment.
(6) the term "unsafe condition" includes the conditions identified as "unsafe" in
section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and
(7) the term "unsafe structure" means a structure that is so damaged, decayed,
dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial
or complete collapse is possible.
B Condition Assessments - general requirements. The owner operator of each parking garage shall
cause such parking garage to undergo an initial condition assessment as
described in subdivision (c) of this section, periodic condition assessments as described in subdivision (d)
of this section, and such additional condition assessments as may be required under subdivision (e) of this
section Each condition assessment shall be conducted by or under the direct supervision of a professional
engineer. A written report of each condition assessment shall be prepared, and provided to the Town of
Southold, in accordance with the requirements of subdivision (f) of this section. Before performing a
condition assessment (other than the initial condition assessment) of a parking garage, the responsible
professional engineer for such condition assessment shall review all available previous condition
assessment reports for such parking garage.
C Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment
as follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition
assessment following construction and prior to a certificate of occupancy or certificate of compliance
being issued for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition
assessment as follows:
(a) if originally constructed prior to January 1, 1984, then prior to October 1, 2019;
(b) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1,
2020; and
(c) if originally constructed between January 1,2003 and August 28, 2018, then prior to October 1,
2021.
(3) Any parking garage constructed prior to the effective date of the chapter enacting this provision
that has not undergone an initial condition assessment prior to that effective date shall undergo an initial
condition assessment prior to six (6) months after the effective date of this chapter.
D Periodic Condition Assessments Following the initial condition assessment of a parking garage,
such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3)
years.
E Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage includes a
recommendation by the responsible professional engineer that an additional
condition assessment of such parking garage, or any portion of such parking
garage, be performed before the date by which the next periodic condition
assessment would be required under subdivision (c) of this section, the owner or operator of such parking
garage shall cause such parking garage (or, if applicable, the portion of such parking garage identified by
the responsible professional engineer) to undergo an additional condition assessment no later than the
date recommended in such condition assessment report.
(2) If the Town of Southold becomes aware of any new or increased deterioration which, in the
judgment of the Town of Southold, indicates that an additional condition assessment of the entire
parking garage, or of the portion of the parking garage affected by such new or increased deterioration,
should be performed before the date by which the next periodic condition assessment would be required
under subdivision (c) of this section, the owner or operator of such parking garage shall cause such
parking garage (or, if applicable, the portion of the parking garage affected by such new or increased
deterioration) to undergo an additional condition assessment no later than the date determined by the
Town of Southold to be appropriate.
F Condition Assessment Reports. The responsible professional engineer shall prepare, or directly
supervise the preparation of, a written report of each condition assessment, and shall submit such
condition assessment report to the Town of Southold within sixty (60) days. Such condition assessment
report shall be sealed and signed by the responsible professional engineer, and shall include:
(1) an evaluation and description of the extent of deterioration and conditions that cause
deterioration that could result in an unsafe condition or unsafe structure;
(2) an evaluation and description of the extent of deterioration and conditions that cause
deterioration that, in the opinion of the responsible professional engineer, should be remedied
immediately to prevent an unsafe condition or unsafe structure;
(3) an evaluation and description of the unsafe conditions;
(4) an evaluation and description of the problems associated with the deterioration, conditions that
cause deterioration, and unsafe conditions;
(5) an evaluation and description of the corrective options available, including the recommended
timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;
(6) an evaluation and description of the risks associated with not addressing the
deterioration, conditions that cause deterioration, and unsafe conditions;
(7) the responsible professional engineer's recommendation regarding preventative maintenance;
(8) except in the case of the report of the initial condition assessment, the responsible professional
engineer's attestation that he or she reviewed all previously prepared condition assessment reports
available for such parking garage, and considered the information in the previously prepared reports
while performing the current condition assessment and while preparing the current report; and
(9) the responsible professional engineer's recommendation regarding the time within which the next
condition assessment of the parking garage or portion thereof should be performed. In making the
recommendation regarding the time within which the next condition assessment of the parking garage or
portion thereof should be performed, the responsible professional engineer shall consider the parking
garage's age, maintenance history, structural condition, construction materials, frequency and intensity
of use, location, exposure to the elements, and any other factors deemed relevant by the responsible
professional engineer in their professional judgment.
G Review Condition Assessment Reports. The Town of Southold shall take such
enforcement action or actions in response to the information in such condition assessment report as may
be necessary or appropriate to protect the public from the hazards that may result from the conditions
described in such report In particular, but not by way of limitation, the Town of Southold shall, by
Order to Remedy or such other means of enforcement as the Town of Southold may deem appropriate,
require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all
conditions that cause deterioration, and all unsafe conditions identified in such condition assessment
report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with
the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the
Town of Southold to take any other enforcement action, including but not limited to suspension or
revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the
information in a condition assessment report.
H The Town of Southold shall retain all condition assessment reports for the life of the
parking garage Upon request by a professional engineer who has been engaged to
perform a condition assessment of a parking garage, and who provides the Town of
Southold with a written statement attesting to the fact that he or she has been so engaged, the Town of
Southold shall make the previously prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The Town of Southold shall be permitted
to require the owner or operator of the subiect parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports (or copies thereof) available to the
professional engineer.
I This section shall not limit or impair the right or the obligation of the Town of Southold:
(1) to perform such construction inspections as are required by section 5
(Construction Inspections) of this chapter;
(2) to perform such periodic fire safety and property maintenance inspections as are required by
section 144-12 (Fire Safety and Property Maintenance Inspections) of this chapter; and/or
(3) to take such enforcement action or actions as may be necessary or appropriate to respond to any
condition that comes to the attention of the Town of Southold by means of its own inspections or
observations, by means of a complaint, or by any other means other than a condition assessment or a
report of a condition assessment.
$144-21 - NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within this Town of
Southold shall promptly notify the Building Inspector of any fire or explosion involving any structural
damage, fuel burning appliance, chimney, or gas vent.
& 144-22 UNSAFE BUILDINGS, STRUCTURES,AND EQUIPMENT AND CONDITIONS OF
IMMINENT DANGER
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town of Southold
shall be identified and addressed in accordance with the procedures established by Chapter 100 of the
Town Code, as now in effect or as hereafter amended from time to time.
$144-23 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
A Inspections required Fire safety and property maintenance inspections of buildings and
structures shall be performed by the Building Inspector or 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 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(c);
(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
L L A
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.
§ 144-30 25 - Compliance required; penalties for offenses.
A. be unla,10141-11 An-r- any > >
i. , oeeupy or maintain any building or-str-uetur-e or-portion thereof in violation.o
any provisions of this ehapter, or-to fail aer-to eomply with a notiee, dir-eetive or- order- of the-
traiptisr-P or part thereof in a
Building inspeetor, or-to eonstr-uet, alter or-use and oecupy any building or st.
manner not permitted by an approved building permit or-eer-tifleate of oeeupaney-.
A Orders to Remedy. The Building Inspector is authorized to order in.writing the
remedying of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. An Order to
Remedy shall be in writing; shall be dated and signed by the Building Inspector; shall specify the
condition or activity that violates the Uniform Code, the Energy Code, or this chapter; shall specify the
provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by
the specified condition or activity; and shall include a statement substantially similar to the following:
"The person or entity served with this Order to Remedy must completely remedy each violation
described in this Order to Remedy,by [specify date],which is thirty (30) days after the date of this Order
to Remedy." The Order to Remedy may include provisions ordering the person or entity served with
such Order to Remedy (1) to begin to remedy the violations described in the Order to Remedy
immediately, or within some other specified period of time which may be less than thirty (30) days; to
continue diligently to remedy such violations until each such violation is fully remedied; and, in any
event, to complete the remedying of all such violations within thirty (30) days of the date of such Order to
Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the
area where the violations exist)which are authorized by this chapter or by any other applicable statute,
regulation, rule, chapter or ordinance, and which the Building Inspector may deem appropriate, during
the period while such violations are being remedied. The Building Inspector shall cause the Order to
Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered
mail or certified mail within five (5) days after the date of the Order to Remedy. The Building Inspector
shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in work being
performed at the affected property personally or by registered mail or certified mail
within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any
Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.
B Appearance Tickets The Building Inspector and each Inspector are authorized to issue
appearance tickets for any violation of the Uniform Code.
C Penalties In addition to such other penalties as may be prescribed by State law,
D-. �D 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
within 36 months thereafter, such person shall be guilty of a violation punishable
by a fine not to exceed $2,500.
D Iniunctive 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 waof 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 inf 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 waV
of limitation, each remedy and penalty specified in this section shall be in addition to, and not in
substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive
Law, and any remedy or penalty
specified in this section may be pursued at any time,whether prior to, simultaneously with, or after the
pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law.
§ 144-21-26 -Abatement of violations.
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to
restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to
prevent illegal acts, conduct or business in or about any premises; and those remedies shall be in addition to the
penalties prescribed in the preceding section.
$144-27 - INTERMUNICIPAL AGREEMENTS
The Town Board of this Town of Southold may, by resolution, authorize the Town of Southold to enter
into an agreement, in the name of this Town of Southold,with other governments to carry out the terms
of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the
Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
IV. 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.
V. EFFECTIVE DATE
This Chapter shall take effect immediately upon filing with the Secretary of State as provided by law.
BY ORDER OF THE TOWN BOARD
Dated: APRIL l lth, 2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 121h day of April, 2023, 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.southoldto=.gov
Ch. 144-Fire Prevention & Building Code Ad istration
Denis Noncarrow
Southold Town Clerk
Sworn to before me on the
12th day of Aril 2023
L
Notary Public
SABRINA M BORN
Notary Public,State of New York
No.01B06317038,Suffolk Cou
Commission Expires Dec.22,20 eALa
Southold Town Board- Letter Board Meeting of April 11, 2023
4UfF01,FC RESOLUTION 2023-366 Item# 5.34
ADOPTED DOC ID: 19068
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-366 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 11, 2023:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 11th day of April, 2023, 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 9th
day of May, 2023 at 7:00 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. 2023
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"
§ 144-1 Title.
This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration
and Enforcement Law."
§ 144-2 Purpose.
Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the
preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take
effect on January 1, 1984, and the State Energy Conservation Construction Code (the Energy
Code), which shall take effect on January 1, 2007, and which every local government shall
administer and enforce on and after such date. it is the pufpese ^f This chapter to provide for the
administration and enforcement of the New York State Uniform Code in the Tev,%of SotAho=a.
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Southold Town Board-Letter Board Meeting of April 11, 2023
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 of
occupancy, are subject to the provisions of 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) Code Enforcement Officer.
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
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Southold Town Board - Letter Board Meeting of April 11, 2023
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 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.
ENERGY CODE - , as ouffently in off-eet
as hereafter --4-,d—rhe New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS -The 2020 Fire Code of the State of New York as currently incorporated by
reference in 19 NYSCRR Part 1225
FIRE SAFTEY AND PROPERTY MAINTENANCE INSPECTION - An inspection
performed to determine compliance with the applicable provisions of 19 NYSCRR
Part 1225 and the publications incorporated therein by reference and the applicable
provisions of 19 NYSCRR Part 1226 and the publications incorporated therein by
reference.
HAZARDOUS PRODUCTION MATERIALS -A solid, liquid or gas associated with the
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 Hazards of Materials for Emergency Response), and
which is used directly in research , laboratory, or production process 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 and 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.
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Southold Town Board - Letter Board Meeting of April 11, 2023
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 existinL' buildinli
for the purpose of its maintenance or to correct damalle.
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 XXIII of Title 19 of the NYCRR, adopted pursuant to
Article 18 of the Executive Law.
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Southold Town Board - Letter Board Meeting of April 11, 2023
§ 144-4 Conflicts with other regulations.
Where the provisions of this chapter conflict with or impose a different requirement than any
other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the
provision which establishes the higher standard or requirement shall govern.
§ 144-5 Powers and duties of Building Inspector.
A. Except as otherwise specifically provided by law, ordinance or regulation, or except as
herein otherwise provided, the Building Inspector shall administer and enforce all the
provisions of the Uniform Code and Energy Code and regulations applicable to the
construction, alteration, repair, removal and demolition of buildings and structures, and the
installation and use of materials and equipment therein, and the location, use, occupancy
and maintenance thereof.
B. The Building Inspector shall receive, review, and approve or disapprove applications and
issue permits for the erection, alteration,removal and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications have been
received or such permits have been issued, for the purpose of ensuring compliance with the
Uniform Code, Energy Code and other laws, ordinances and regulations governing building
construction. .
C. The Building Inspector shall conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, fire safety and property maintenance
inspections, inspections incidental to the investigation of complaints, and all other
inspections required or permitted under any provision of this chapter, shall administer and
enforce all the provisions of the Uniform Code, the Energy Code, and this chanter and
shall have the following powers and duties:
(1) to receive, review and approve or disapprove applications for Building
Permits, 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
Certificate of Occupancy and Operating Permits;
(3) To conduct construction inspections; inspections to be made prior to issuance
of Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates of Occupancy, and Operating Permits;
(1) (4) To issue stop-work orders;
(2� To review and 'investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this
local law;
(3} (7) To maintain records;
(4) (8) To collect fees as set by the Town Board of the Town of Southold;
(15) (9) To pursue administrative enforcement actions and proceedings;
(6) (10) In consultation with this Town's attorney, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code,the Energy Code,
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Southold Town Board-Letter Board Meeting of April 11, 2023
and this chapter, or to abate or correct conditions not in compliance with the
Uniform Code, the Energy Code or this chapter; and
(7) (11) To exercise all other powers and fulfill all other duties conferred upon the
Building Inspector by this chapter.
D. The Building Inspector shall possess background experience related to building
construction or fire prevention and shall, within the time prescribed by law, obtain such
basic training, in-service training, advanced in-service training, and other training as the
State of New York shall require for code enforcement personnel, and shall obtain
certification from the State Fire Administrator pursuant to the Executive Law and the
regulations promulgated thereunder.
E In the event that the Building Inspector is unable to serve as such for any reason,
another individual shall be appointed by the Town Board to serve as a Building
Inspector, during the term of their appointment, exercise all powers and fulfill all
duties conferred upon the Building Inspector by this chapter.
F One or more Inspectors may be appointed by the Town Board to act under the
supervision and direction of the Building Inspectors and to assist the Building
Inspectors in the exercise of the powers and fulfillment of the duties conferred upon
the Building Inspectors by this chapter. Each Inspector shall,within the time
prescribed by law, obtain such basic training, in-service training, advanced in-
service training, and other training as the State of New York shall require for code
enforcement personnel, and each Inspector shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
G The compensation for the Building Inspectors shall be fixed from time to time by the
Town Board of this Town of Southold by resolution or collective bargaining
agreement as applicable.
H-B.. 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-F. 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-
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Southold Town Board - Letter Board Meeting of April 11, 2023
(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-9. 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.
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Southold Town Board - Letter Board Meeting of April 11, 2023
(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.
A. Construction inspections
(1) Work to remain accessible and exposed. Work shall remain accessible and
exposed until inspected and accepted by the-Buil ing inspe for 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.
Mf-(e-) Building systems, including underground and rough-in;
fjgl-(#) Fire-resistant construction;
jj]14g) Fire-resistant penetrations;
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Southold Town Board - Letter Board Meeting of April 11, 2023
Qi h) Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
JU-( . Inspections required to demonstrate
Energy Code compliance, includinst 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
L11-G) A final inspection after all work authorized by the building permit has
been completed.
(3) Remote inspections. At the discretion of the Building Inspector or Inspector
authorized to perform construction inspections, a remote inspection may be
performed in lieu of an in-person inspection when, in the opinion of the
Building Inspector or such authorized Inspector, the remote inspection can
be performed to the same level and quality as an in-person inspection and the
remote inspection shows to the satisfaction of the Building Inspector or by
such authorized Inspector that the elements of the construction process
conform with the applicable requirements of the Uniform Code and Energy
Code Should a remote inspection not afford the Building Inspector or such
authorized Inspector sufficient information to make a determination, an in-
person inspection shall be performed
f-(3) 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 where 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 sagaty and property maintenanee inspeetions.
!1\ T t' required. Fire s., ��safety and qtr K r
r
buildings .1 t twes shall be per-feEmed by the BuildingT„ peet., .,t the
following inter-valso
! \ la f 1 ,t. „ta t' f buildings str ..t„r 7
iAl Ly �./
/
hi Y eentain an area ofr assembly b,l' shall be erfio rl at least 4
every 12 months.
(b) F t a ttenaneeinspections multiple f 11 dwellings of
ineJ Y Y !
1 .1 in C b. t'on 72!11! 1 11 all r sid t al buildings, stl:uetffes, uses
and ee ' t ineluded in Subsection B(l)(a), shall be performed at least
Onee every 36 months-.
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Southold Town Board - Letter Board Meeting of April 11, 2023
(7) T 4•ons permitted. in .,dditio, to the ; 4 required 1, c ti, 4• ung
-1 . .
en
of this
J r and i <<L1V any. )
stluet �f ldwelling
�.J
or r d, ell, unit, may �Je+•l
a4so be f ed 1„
J J 1 ✓�
the Building inspecter at any time upon:
(a) 'T1, request f 41, f the1 L y to 1. inspeetedor- authorized agent 0r
V
m,nT;
/1,1 1? •r1,r 4 +1. Building 1 T sp 1 u 1+ 44 statement 11 t, n that a•4'
�
+• '4' failing 4 1with41, Uniform rode or-Energy Code o ist; or-
(e) Reeeipt by the Building laspecator-of any other-information, reasonably believ
by eeterto beFeliabl , giving rise to reasonable ea-use to believe
that eonditions or-aetivities failing 4 eemply withUn
the it r,-„ rode or-E er-g ,
It V1 �__
Code 7 provided, however, that nothing in this Vn shall
as '44' b an Y 4' „do astame under- „1,;.,1, „rt order-„�
waffan
4 r •44• o 1. 4•n om,;rod unless ^ e _ntu4 order-or- _ _ —ant.
1 ,.
shall have been obtained.
(d) OFPC Y in this ser-tion or-in
r
other-provision of this ehaptff
shall supersede, k-it r the powers, duties anresponsibilities of the New
F 7� ,� n V
York State Offiee of Fire Pr-evention and G6i�el ("OFPC;") an the New York
State F' Administrator-under-Emee ti v e zirvv a 156 a and,E"eation Law
B 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.
C 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.
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Southold Town Board- Letter Board Meeting of April 11, 2023
Dom. Inspection of tents. [Added 3-11-2014 by L.L. No. 4-2014]
(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. [Amended 3-11-
2014 by L.L. No. 4-2014]
(1) ,
demolition, Voiwer-siefi Or- „j-J
J alteration,
tl- nature f tL, eo�
� or- e the same
to
be done, tl, t first obtaining separate b il(li.+ '
� lllt from tl.t ilBuilding
inspeeter-€or- eaelsuch uilding or struetwe. n building vpermit shall be required
for- any work whieh must eenfeFm to the Uniform Code, and Energy Code, exeept
t,, t no building erm, be required for—Except as otherwise provided in
subdivision (2) of this section, a Building Permit shall be required for any
work which must conform to the Uniform Code and/or the Enemy Code,
including, but not limited to, the construction, enlargement, alteration,
improvement, removal, relocation, or demolition of any building or structure
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Southold Town Board- Letter Board Meeting of April 11, 2023
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 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 144 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) rconstifuetioi of temperary m6tion pieture, television and theater- stage sots
and �Construction of temporary sets and scenery associated
with motion pictures, television and theatre uses.
(i) Installation of window awnings supported by an exterior wall of a one- or
two-family dwelling or multiple single-family dwellings (townhouses);
fh installation paftifiens or inevable eases less than five feet nine iflehes
heigInstallation of partitions or movable cases less than 5'-9" 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
Generated April 12, 2023 Page 67
Southold Town Board - Letter Board Meeting of April 11, 2023
(n) n7 provided
— The r-emev-al orvcrccmguwac, oiirlead-bearing wall, paft;tio or
p.i4iev. thereof-, o of any struetufa beam or lead bearing
[2] The removal o ..b ange of any required means of egress, or the
er,t of parts of„ stfuot,.re ; w hioh aft
31
[TThe lar-gement' alteration,
y .,.laeome„t o reloeatie of any
l_-J
building 1. ing s .stem.7 o
fill The removal fromser-viee of allor- .art of a fire preteetio t m
nrs�e...
for- any period of time. Repairs, provided that the work does not
have an impact on fire and life safety, such as (i) any part of
the structural system; (ii) the required means of egress; or (iii)
the fire protection system or the removal from service of any
part of the fire protection system for any period of time.
(2)(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 Subsection A(2) 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.
Generated April 12, 2023 Page 68
Southold Town Board-Letter Board Meeting of April 11, 2023
(1) Ever„ a pliea+io., for a b.,ildin permit shall he made i citing on_a_ferm
provided by or th .table—to the Building inspector The ., r,l:e ti,,n
shall e signed
e y the owner- authorized
lthorize agent
] a t of
the owner
and
n eo taro the
following information and be-aeeompani@£lb),the required fee. in addition, ,,laps
and speeifieations shall be filed with the building permit applieation to enable
Building T„speetor to examine eh plans to a eertain if the proposed building
will eomply with applieable requirements of 4he UnifeFm Code and the Ener-gy
Code Thea ,-,lieat;o,-. shall i„el„de or he aeeomr,anied by the folio� �g
information and doeumentation:
ae the
(a) __ h > >d' d > angles narea of the lot on „h; 1,
�`clrzr
the building is proposed to he e ee+ed or- of the lot o whieh it is situated
if an existing building, ethe ept i„ ease alterations alteratios of a building
„hieh de net af-et the exterior thereof
!h\ Th seetie., Meek and lot numbers, if an), s they appear- n the latest twE
Thee aa+ size and loeat;e„s on the lot of the proposed buildinge
buildings or- str„e+„ral alteration of an existing building and of othP
ir-
,sting buildings o then e let
!d\ A s of the lot a ratel., der.,e+inn all e e„tl„ existing and proposed
str„r�t„r�e.s
C Th dimensions of all , ards ; relation to the s„hieet building a- d the
distances between sueh building and any other-existing buildings on the
same lot and ad:aee„t lets as well s the ale ,latio ofexisting-and
proposed lot e
( Th isting and intended , of all'buildings, existing e proposed the
use f land d the number- of dwelling units the building ,s designed
meommodate, and the eeessary eomputations to stablish eonf rmit„to
the bulk and density regulations
(g) Such t h' or other- of rmation with regard to the building, the lot
o hb. lots , be r, r„to determine that the proposed
or-rr -ab....v,.aa.s ....., ....,...;.j ...� ..���.,.,:.J .... »_._......._ ..-».. `--- r-_i.,-..._�
eenst t' '11 eonfor-m to the pr-ovisioRs of this ehapter
(hl A application a build; it str, etion on_a . ,-,t lot. h;eh
r ,,.. norm r...,,, ,aea ., „
is
tom) rr---'---------- -'building o r---- - -- ----'------ - - v� Vvuu
t d b.d' hall be anted by a eert:fi
rnzvc-vxr-csrr-ccppivP "'�rmrro ....,.,.,:::t,......... .,J ... .,.,...�..,»
h + + of title issuedby title whieh shall shows single and
uv.rcz-ccvc-vrcrcxc-rJ.su�zc-vy-c.rcr �.aaap.....a�J ...a......,........ ........ ...::a... »..»
separate owner-ship of the entire lot prior-to April 9, 1957
(') A 1 t la d a� to ld hthe person for-eueh
a., scale and signed „ e verso
r esr.e., r ea
drawing. At the d; etio of the Building Tnsneeter " ma,.he
u��v 111U V v�
, 1, ed neer or-land V�Ve
required, prepared b. �J111 J va.
>; h a li +' r F r a building per-mit for- a nen,dwelling unit shall be
.aaaab aaar Baa».. vv
d by plans d speeif4eations bearing the signature a..d
1 sea1 f a l sed professional eneer or areh:tiZ{.eet
.
(k) T instanees where a etiee of disapproval has hed h the Building
"amu �Y �u� , nf.
h t review and approval by the Town of Southold Board of
Trastees, the ZoningBoard f Appeals, „d/gr the planning Reard the
u �ia�
Generated April 12, 2023 Page 69
Southold Town Board - Letter Board Meeting of April 11, 2023
applioant sha4l also s4mit the approved plan stamped as "approved" by
the r-espeet' Board and n eopy of the Beard's final__deteriuiilu�+L'yrnr
(i) C + +' d etf bns will oe er pied as rrt aof a arr pl; at;
building permit unless the), satisfy the requirements set f rtb, above_
r + t' d + 1,' t, ted ,-t of the lioatio f r a
cn�v�rar�cccccpcca-ccrpicr�orcri ..t.t..........,..�.... ...
building permit shall be marked as meepted by the Building inspeeter- i
vmifing by stamp. 1
One t of the eted stetion-doe„me + ball
pr, ZaL.`i :,alu
b �* n d«ne-a amt to be at the work she. u orF+he
r-e+ f a + f meep+ d eens+ t' d + to the anplieant shall
—rr-
not be eenstrued as authorization to eemmenee work, or- as an indieation-
thata building pe will vv lrrl vc-issue . �Ta--vv/ork sh shall not be eomme eed i„r.t;l
and unless a building permit : issued,
(in) All worL ball be perf rmed ordanee_witb, the nst,-„etion
� r_____-______ -_ _ It <V11J L1 KLL
documents which were b, 'tt d with and n epted a part of the
application for- a building pernit--The permit h shall immediately
notify the Building inspector of a ehange ring duringb the eoufse of
work. The 1c buildingpe t shall eentain sueh-a-dir-@6tiye if ,,:ldin, x
T Y + d ..+ that el, eh nae warrants fiew or amended
1, 'ld' r t b, h oe be not e made until and unless n
u
� n
ow of
amended building per-mit reFleetin eb, eb,ange , ed
11.,..K.1b.. .J ..,.,........
(2)E)Eeeptien to the requirements set forth in §z44 gr Building T„snee+„rs have the
right, b, an app1' ..tier. for a str„et„re ; r
an
aceompY ;ed by plans. and
J
speeitioa
+'ons b, b �bn .. e a the atand original sea! f a l d professional
.
e or- b,'+ t d aeeampa-ned by an affida ,;t stating that the plans and
stage.speeifieations eomply with the Uniform Code and Ener-gy Code, to verif�,that
both the plans and the eonstmetion installation eomply with the high wind load
the Uniform Code and Energy Code at the field inspeetion
/21 A 1' +'ons f standard installations f 1ul energysystems shall t 1, d
Pi 1 1
owner d eet+ + r-eeetinformation sheet and nf:
ngurration diagram
j+ J a v
by Y �
prepared f ale iotered arehiteet, dany othef
na,n e
information that the R 'ld' T speet deems neeessavy. Applioation
shallstandard installations An residential and legal aeeessei3, struetur-es on residential
propeb,
,t.J e d t rm' d within14 business days the fill of a pleted
aeation.
D. No building permit shall be issued for the eonstruetion er-alteration of any building upon
lot without aeeess t a street or-highway pr- ided by R 280 a the of b,t To Law.
a
1 L
E. Ne building pemit shall bE --ed Kher-e the site plan of sueh building is
bj t t approval by the Planning Board, e nr ept ; of rm;ty with the plana n ed
by said Boar(17
AT building 't 1, ll be issued r building d' 1 where 1,
i�r.-rnm-cazrl�Tornnrc�rrcrir-ocz�Ju�u iv �
pefmitted by-speeial exeeptien unless and until sueh appr-eval has been duly granted by
the board havingjufisdiefion tb,ereef.
Q. Ne building permit shall be issued for any building until appr-eval has been r-eeeived from
Generated April 12, 2023 Page 70
Southold Town Board- Letter Board Meeting of April 11, 2023
the Q f- 11 County D A t of Heltl, Ser-yiee for-the proposed .tor supply an
sewage disposal system-.
14• T1, building permit ..YY.�1;e and
do .+11 'ra �lriporting nury e tntio .hal made ade ;
.
tripheate. Upon the issuance of a building peFmit, the Building inspeetef SIR—AI.I.fi--tRffn A
eepy
of all filed .1......mei4s to the o plieant
authorize,1. EveFy building pefmit shall expir-e if the work authorized has not eommeneed within !a
months afler the date of i ssuanee or-has not been eompleted within 18 months ffem s
date. if no z-o-n-iffita, or-ether-regulations afferating the pr-opeAy have beei3
c-paeted in the ii:Aer-im, the Building laspeeter-may in vffitiag,
the eK4o- sien of
the t dd t' .1 .,ths TL o eafto r-ene :zal p t shall be required.
111E shall V
r 1
j. As seen as the foundation of a building or-of at-,y addition to an existing building is
eempleted and before first stoFy fiaming or wall eenstruetien isbegun,there shall be
filed with the Building inspeeter an aeeur-ale s 1 by the per-son respensib
pr-epert<J lines of the lot. No P,Ahe eenstruetion shallper-fefmed until ,.1, stnwey is
approved by the Building inspeeter,
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;
Generated April 12, 2023 Page 71
Southold Town Board - Letter Board Meeting of April 11, 2023
(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 11rades 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
Generated April 12, 2023 Page 72
Southold Town Board- Letter Board Meeting of April 11, 2023
submitted with and accepted as part of the application for the Buildinf,
Permit. The Building Permit shall contain such a directive. The Permit
Holder shall immediately notify the Building Inspector of any change
occurring during the course of the work. The Building Permit shall contain
such a directive. If the Building Inspector determines that such change
warrants a new or amended Building Permit, such change shall not be made
until and unless a new or amended Building Permit reflecting such change is
issued.
(10) Time limits. Building Permits shall become invalid unless the authorized
work is commenced within 6 months following the date of issuance. Building
Permits shall expire 12 months after the date of issuance. A Building Permit
which has become invalid or which has expired pursuant to this subdivision
may be renewed upon application by the Permit Holder, payment of the
applicable fee, and approval of the application by the Building Inspector.
(11) Revocation or suspension of Building Permits. If the Building Inspector
determines that a Building Permit was issued in error because of incorrect,
inaccurate, or incomplete information, or that the work for which a Building
Permit was issued violates the Uniform Code or the Energy Code, the
Building Inspector shall revoke the Building Permit or suspend the Building
Permit until such time as the Permit Holder demonstrates that:
(a) all work then completed is in compliance with all applicable
provisions of the Uniform Code and the Energy Code and
(b) all work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Energy Code.
D--K—. 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.
Generated April 12, 2023 Page 73
Southold Town Board - Letter Board Meeting of April 11, 2023
[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 benefiti of applicable
Town permits, all fees associated with any land clearing or excavation or building
or construction activity will be equal to double the otherwise applicable fee for all
permits as provided by this chapter.
(5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing
entities or districts, including but not limited to fire districts, school districts, park
districts and the like.
(6) In the event that a building permit is not approved,the applicant shall be entitled
to a refund of 50% of the fee paid within one year of issuance, provided that no
construction has commenced.
§ 144-9 Issuance or denial of building permit.
A. The Building Inspector shall approve or disapprove the application within a reasonable
time, and in all events within 10 business days.
B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a
building permit to the applicant upon the form prescribed by him and shall affix his
signature or cause his signature to be affixed thereto.
C. Upon approval of the application, two sets of plans and specifications shall be endorsed
with the word "approved." One set of such approved plans and specifications shall be
retained in the offices of the Building Inspector and the other set shall be returned to the
applicant, together with the building permit, and shall be kept at the building site, open to
inspection by the Building Inspector or his authorized representative at all reasonable times.
D. If the application, together with plans, specifications and other documents filed therewith,
describes proposed work which does not conform to all the requirements of the Uniform
Code and all other applicable building regulations, the Building Inspector shall disapprove
the same and shall return the plans and specifications to the applicant. The Building
Generated April 12, 2023 Page 74
Southold Town Board- Letter Board Meeting of April 11, 2023
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 n building permit shall be e e��et:, e t., authorize th e of work aeeorda
•
neee
t, the l t' plans n ifie do ,.b,:eb, ;+:s based, for- s e od of 18 months
1Va K VV~'
after the date of its
rr � sae
ed
/� 1 . 1 ,
ext-
for-
n period not
e ceding six
�'Y]o tb,s
B. The issuanee of a building penRit shall eonstitute authority to the appheant to pr-oeeed with
the work in aeoer-danee with the approved plans and sperifieations and in aecer-danee wit
the Uniform Code d applicable building laws ordina ees or regulations. A11 work sl,nll
eenf4m to the approved applieation,plans and •
Complianee with the following regulations shall be a eentinuing eendition for-thevalidi�.,,
of Southold..
!1\ —. + runoff rated result of, r,to s t., e r n f 11 or-its
a 'a
f }}'a, , .� zmelting-snow4rae shall be eontained en site duringeenstFuet
implementation f d use measures es and_dey -
,,,
s to et soil
erosion d fl d' aof neighboring r epeA es and roadways shall be required,
1 d' t t limited d t tr bales, l and/or„tfol fences ra
b 1, s� silt r Qrd:r,V
!7\ Prior-t the issuanee of n ee,.t:fieete f 't shall1, deter-mined th t
oeeu1drainage of roofs and paved � �
areas, yards and
and other- open areas on the
7
shall t be d; ehra edin a
manner
that ereates ,b.l; e
1
Z
! \ D t +b, f rt:fien+e of o roupa ee e shall be grad
�, „ ua1a1 NarVm hll br
d maintained t prevent the of soil and to pr-evert the ,,,Y,,,lnt;o of
t-(At Vl.11alK K
__stagnant water tl,ereen or itl,i,, n str„et„re l sted the o
i
stream, pr-evision shall be made to divei4 that waterway around any areas
d' t b. dJ eenst path b+t' d eeted to its natural 1 y means f 1 rt
'
or other-e
D. Build-ing permits shall be visibly displayed at the work site and shall remain visible until the
authorized work has been cor leted
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
Generated April 12, 2023 Page 75
Southold Town Board - Letter Board Meeting of April 11, 2023
(3) flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas as
identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
B The Building Inspector shall prepare a written record of the climatic and
geographic design criteria determined pursuant to subdivision (a) of this section,
shall maintain such record within the office of the Building Inspector, and shall
make such record readily available to the public.
§ 144-11 Building permit fees.
A. Upon filing of an application for a building permit, fees shall be paid in accordance with §
144-8 of the Town Code.
B. In the event that a building permit expires as set forth in § 144-8I, the applicant shall remit
an additional fee in an amount equal to 50% of the fee paid in connection with the original
application to renew the building permit.
C. In the event that an application for a building permit is not approved,the applicant shall be
entitled to a refund of 50% of the fee paid, provided that no construction has been
commenced. If construction work has been started and the application is not approved, the
fees paid shall not be refunded.
§ 144-12 Revocation of building permit.
The Building Inspector may revoke a building permit theretofore issued and approved in the
following instances:
A. Where he finds that there has been any false statement or misrepresentation as to a material
fact in the application, plans or specifications on which the building permit was based.
B. Where he finds that the building permit was issued in error because of incorrect, inaccurate
or incomplete.information, or that the work for which a building permit was issued violates
the Uniform Code or the Energy Code, the Building Inspector shall revoke the building
permit or suspend the building permit until such time as the permit holder demonstrates that
all work then completed is in compliance with all applicable provisions of the Uniform
Code and the Energy Code and all work then proposed to be performed,shall be in
compliance with all applicable provisions of the Uniform Code and the Energy Code.
C. Where he finds that the work performed under the permit is not being prosecuted in
accordance with the provisions of the application,plans or specifications. -
D. Where the person to whom a building permit has been issued fails or refuses to comply with
a stop-work order issued by the Building Inspector. 1
§ 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
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Southold Town Board - Letter Board Meeting of April 11, 2023
whether such work is or is not work for which a building permit is required, and
without regard to whether a building permit has or has not been issued for such
work; or
(2) Any work that is being conducted in a dangerous or unsafe manner in the opinion
of the Building Inspector, without regard to whether such work is or is not work
for which a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(3) Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that has become
invalid, has expired, or has been suspended or revoked.
B. Content of Stop Work Orders
Stop-work orders shall:
(1) Be in writing;
(2) Be dated and signed by the Building Inspector;
(3) State the reason or reasons for issuance; and
(4) If applicable, state the conditions which must be satisfied before work will be
permitted to resume.
C. The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on
the owner of the affected property, and if the owner is not the permit holder, on the permit
holder,personally or by certified mail to the owner or permit holder and posting at the work
site. The Building Inspector shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any or all of the following: builder, architect,
tenant, contractor, subcontractor, construction superintendent, or their agents, or any other
person taking part or assisting in work affected by the stop-work order, personally or by
certified mail and posting; provided, however, that failure to serve any person listed above
shall not affect the efficacy of the stop-work order.
D. Upon the issuance of a stop-work order, the owner of the affected property, the permit
holder and any other person performing, taking part in or assisting in the work shall
immediately cease all work which is the subject of the stop-work order , other than work
expressly authorized by the Building Inspector or Code Enforcement Officer to
correct the reason for issuing the Stop Work Order.
E. The issuance of a stop-work order shall not be the exclusive remedy available to address
any event described in this section, and the authority to issue a stop-work order shall be in
addition to, and not in substitution for or limitation of, the right and authority to pursue any
other remedy or impose any other penalty under any other applicable local or state law. Any
such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after
the issuance of a stop-work order.
§ 144-14 Right of entry.
Any Building Inspector, upon the showing of proper credentials and in the discharge of his
duties, may enter upon any building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
§ 144-15 Certificate of occupancy required; application.
A. No building hereafter erected shall be used or occupied in whole or in part until a
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Southold Town Board - Letter Board Meeting of April 11, 2023
certificate of occupancy shall have been issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered, or upon which work has been
performed which required the issuance of a building permit, shall be occupied or used
unless a certificate of occupancy shall have been issued by the Building Inspector.
C. No change shall be made in the use or type of occupancy of an existing building unless a
certificate of occupancy authorizing such change shall have been issued by the Building
Inspector.
D. The owner or his agent shall make application for a certificate of occupancy.
Accompanying his application and before the issuance of a certificate of occupancy, there
shall be filed by the Building Inspector an affidavit of the registered architect or licensed
professional,engineer who filed the original plans, or of the registered architect or
licensed professional engineer who supervised the construction of the work, or of the
building contractor who supervised the work and who, by reason of his experience, is
qualified to superintend the work for which the certificate of occupancy is sought. This
affidavit shall state that the deponent has examined and approved plans of the structure
for which a certificate of occupancy is sought, that the structure has been erected in
accordance with approved plans and, as erected, complies with the Uniform Code and
Energy Code and other laws governing building construction except insofar as variations
therefrom have been legally authorized. Such variations shall be specified in the affidavit.
E Certificates of Occupancy and Certificates of Compliance required. A Certificate of
Occupancy or Certificate of Compliance shall be required for any work which is the
subject of a Building Permit and for all structures, buildings, or portions thereof,
which are converted from one use or occupancy classification or subclassification to
another. Permission to use or occupy a building or structure, or portion thereof, for
which a Building Permit was previously issued shall be granted only by issuance of a
Certificate of Occupancy or Certificate of Compliance.
F Issuance of Certificates of Occupancy and Certificates of Compliance. The Building
Inspector shall issue a Certificate of Occupancy or Certificate of Compliance if the
work which was the subject of the Building Permit was completed in accordance
with all applicable provisions of the Uniform Code and Energy Code and, if
applicable, that the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another complies with all
applicable provisions of the Uniform Code and Energy Code. The Building
Inspector or an Code Enforcement Officer authorized by the Building Inspector
shall inspect the building, structure, or work prior to the issuance of a Certificate of
Occupancy or Certificate of Compliance. In addition,where applicable, the
following documents, prepared in accordance with the provisions of the Uniform
Code by such person or persons as may be designated by or otherwise acceptable to
the Building Inspector, at the expense of the applicant for the Certificate of
Occupancy or Certificate of Compliance, shall be provided to the Building Inspector
prior to the issuance of the Certificate of Occupancy or Certificate of Compliance:
(1) a written statement of structural observations and/or a final report of special
inspections,
(2) flood hazard certifications,
(3) a written statement of the results of tests performed to show compliance with
Pae 78
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Southold Town Board - Letter Board Meeting of April 11, 2023
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 subiect 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 six (6) 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.
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Southold Town Board - Letter Board Meeting of April 11, 2023
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. R Certificate of occupancy fees.
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a building permit, which fee shall be paid into the general
fund if the application is approved or returned to the applicant if the application is
denied:
(a) Business buildings and/or business uses and additions and alterations
thereto: $50.
(b) New dwellings and additions and alterations thereto: $50.
(c) Accessory buildings and additions and alterations thereto: $50.
(d) Preexisting dwellings: $100.
(e) Updated certificates of occupancy by reason of additions or alterations:
$50.
(f) Copies of certificates of occupancy: $0.25.
(2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or
districts, including but not limited to fire districts, "school districts, park districts and
the like.
§ 144-16 Inspection prior to issuance of certificate; records.
A. Before issuing a certificate of occupancy, the Building Inspector shall examine or cause
to be examined all buildings, structures and sites for which an application has been filed
for a building permit to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy; and he may conduct such inspections as he deems appropriate from
time to time during and upon completion of the work for which a building permit has
been issued.
B. There shall be maintained by the Building Inspector a record of all such examinations and
inspections, together with a record of findings of violations of the Uniform Code, the
Energy Code, and other applicable laws.
§ 144 17 issuance of certificate of oeenpaney
-bj + f the building permit was a lYl pleteaeeer-danee withall pl abl- "
Code,of the Uniform Code
if appheable, that the straeture, building or-
the Energy >
portion thereof that was eewverted from one use or eeeupaney elassifieation of
SU elassifleation to another-eomplies with all applieable provisions of the Unife.—
and the Ener-gy Code. The Building inspecter- shall inspeet the building, stme tire or wer-1-
to +1- issuanee of a eeFtifieate of aeoupaney. in addition,
ddit whereappl ie bl e—he
fellewing doeuments, prepared in aeeordanee with the previsions of the Unifenn Go
by sueh per-son or per-sons as may be designated by or- otheEwise aeoeplable to the
Building inspeeter-, at the expense of the applieant for-the eeFtifieate of oeeupaney,
be provided to the Building inspeeter prior-to the issuanee of the eertificate of aceuPaneyi.-
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Southold Town Board - Letter Board Meeting of April 11, 2023
inspeetions; and
t
(2) Flood hazard eert;f nations.
'
B A rt'f e to of oeeupaney shell eentain the following o f rm.,tiom.
(1) The building permit r mbar any
� ;f ;i
\ The date of;nn„anee of the building permit, ;f any;
(3) The name, address and Ta., Map „ mbar of the r pert.-•
(4) if the ert;fie to efo of a p able_te ...tire str, t r n deser-iPt;,.
��L1111. N lit Jt•11LJL
__ nn,lY,nrntl 1n H H lv nM e r
T that rt;e of
the strNet„ e for-
oi ,bleb the Vertafie to of
AvvwY wney is issued;
(5) The, andeeeupaneay elass eatien of the ntiuet„re;
Cf; �
(6) The type of.enstr„etion ofthe_ltr,nt„re.
(7) Theassembly e r,t lend of the ntr„ntl,r�,
7
provided,(8) if an autematie sprinkler- system is
a notation as to whether-the sprinkler-
ate is required;
(9) A 1 d't' d t' with the issua e of building
���Pcvxirrwrlcrrcro=rsimpv�ccrii'rcviaicccrozr`v'�zmzaz N...... .,� ..... ..NaaN.::b
pe+m. ; and
(10) The signature of the Building inspeetor-issuing the eei4ifieate of eeeupaney and
the date of issua ee-
§ 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.
§ 144-4-918 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;
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Southold Town Board- Letter Board Meeting of April 11, 2023
(c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-
ripening facility or conducting a fruit-ripening process using ethylene
gas;
(d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed by
the occupant of a detached one-family dwelling;
(e) Chapter 31, "Tents, Temporary Special Event Structures, and Other
Membrane Structures." Operating an air-supported temporary
membrane structure, a temporary special event structure, or a tent
where approval is
required pursuant to Chapter 31 of the FCNYS;
(f) Chapter 32, "High-Piled Combustible Storage." High-piled
combustible storage facilities with more than 500 square feet
(including aisles) of high-piled storage;
(g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility
that stores in excess of 2,500 cubic feet of scrap tires or tire
byproducts or operating a tire rebuilding plant;
(h) Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work,welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i) Chapter 40, "Sugarhouse Alternative Activity Provisions."
Conducting an alternative activity at a sugarhouse;
(j) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of
sparkling devices as defined by Penal Law section 270;
(k) Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including
recreational fires and portable outdoor fireplaces;
(1) 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
(m) 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) Enerzy 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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Southold Town Board - Letter Board Meeting of April 11, 2023
(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 Parkin
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
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Southold Town Board- Letter Board Meeting of April 11, 2023
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
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Southold Town Board - Letter Board Meeting of April 11, 2023
years of experience performinLy structural evaluations;
(5) the term "responsible professional engineer" means the professional engineer
who performs a condition assessment, or under whose supervision a
condition assessment is performed, and who seals and signs the condition
assessment report. The use of the term "responsible professional engineer"
shall not be construed as limiting the professional responsibility or liability of
any professional engineer, or of any other licensed professional,who
participates in the preparation of a condition assessment without being the
responsible professional engineer for such condition assessment.
(6) the term "unsafe condition" includes the conditions identified as "unsafe" in
section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and
(7) the term "unsafe structure" means a structure that is so damaged, decayed,
dilapidated, or structurally unsafe, or is of such faulty construction or
unstable foundation, that partial or complete collapse is possible.
B Condition Assessments - general requirements. The owner operator of each parking
garage shall cause such parking garage to undergo an initial condition assessment as
described in subdivision (c) of this section, periodic condition assessments as
described in subdivision (d) of this section, and such additional condition
assessments as may be required under subdivision (e) of this section. Each condition
assessment shall be conducted by or under the direct supervision of a professional
engineer. A written report of each condition assessment shall be prepared, and
provided to the Town of Southold, in accordance with the requirements of
subdivision (f) of this section. Before performing a condition assessment (other than
the initial condition assessment) of a parking garage, the responsible professional
engineer for such condition assessment shall review all available previous condition
assessment reports for such parking garage.
C Initial Condition Assessment. Each parking garage shall undergo an initial
condition assessment as follows:
(1) Parking garages constructed on or after August 29, 2018, shall undergo an
initial condition assessment following construction and prior to a certificate
of occupancy or certificate of compliance being issued for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo an
initial condition assessment as follows:
(a) if originally constructed prior to January 1, 1984, then prior to
October 1,2019;
(b) if originally constructed between January 1, 1984 and December 31,
2002, then prior to October 1, 2020; and
(c) if originally constructed between January 1, 2003 and August 28,
2018, then prior to October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the chapter
enacting this provision that has not undergone an initial condition
assessment prior to that effective date shall undergo an initial condition
assessment prior to six (6) months after the effective date of this chapter.
D Periodic Condition Assessments Following the initial condition assessment of a
parking garage, such parking garage shall undergo periodic condition assessments
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Southold Town Board - Letter Board Meeting of April 11, 2023
at intervals not to exceed three (3)years.
E Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage includes a
recommendation by the responsible professional engineer that an additional
condition assessment of such parking garage, or any portion of such parking
garage, be performed before the date by which the next periodic condition
assessment would be required under subdivision (c) of this section, the owner
or operator of such parking garage shall cause such parking garage (or, if
applicable, the portion of such parking garage identified by the responsible
professional engineer) to undergo an additional condition assessment no later
than the date recommended in such condition assessment report.
(2) If the Town of Southold becomes aware of any new or increased
deterioration which, in the judgment of the Town of Southold, indicates that
an additional condition assessment of the entire parlung 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
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Southold Town Board - Letter Board Meeting of April 11, 2023
responsible professional engineer's attestation that he or she reviewed all
previously prepared condition assessment reports available for such parking
garage, and considered the information in the previously prepared reports
while performing the current condition assessment and while preparing the
current report; and
(9) the responsible professional engineer's recommendation regarding the time
within which the next condition assessment of the parking garage or portion
thereof should be performed. In making the recommendation regarding the
time within which the next condition assessment of the parking garage or
portion thereof should be performed, the responsible professional engineer
shall consider the parking garage's age, maintenance history, structural
condition, construction materials, frequency and intensity of use, location,
exposure to the elements, and any other factors deemed relevant by the
responsible professional engineer in their professional judgment.
G Review Condition Assessment Reports. The Town of Southold shall take such
enforcement action or actions in response to the information in such condition
assessment report as may be necessary or appropriate to protect the public from the
hazards that may result from the conditions described in such report. In particular,
but not by way of limitation, the Town of Southold shall, by Order to Remedy or
such other means of enforcement as the Town of Southold may deem appropriate,
require the owner or operator of the parking garage to repair or otherwise remedy
all deterioration, all conditions that cause deterioration, and all unsafe conditions
identified in such condition assessment report pursuant to paragraphs (2) and (3) of
subdivision (f) All repairs and remedies shall comply with the applicable provisions
of the Uniform Code. This section shall not limit or impair the right of the Town of
Southold to take any other enforcement action, including but not limited to
suspension or revocation of a parking garage's operating permit, as may be
necessary or appropriate in response to the information in a condition assessment
report.
H The Town of Southold shall retain all condition assessment reports for the life of the
parking garage Upon request by a professional engineer who has been engaged to
perform a condition assessment of a parking garage, and who provides the Town of
Southold with a written statement attesting to the fact that he or she has been so
engaged, the Town of Southold shall make the previously prepared condition
assessment reports for such parking garage (or copies of such reports) available to
such professional engineer. The Town of Southold shall be permitted to require the
owner or operator of the subject parking garage to pay all costs and expenses
associated with making such previously prepared condition assessment reports (or
copies thereof) available to the professional engineer.
I This section shall not limit or impair the right or the obligation of the Town of
Southold:
(1) to perform such construction inspections as are required by section 5
(Construction Inspections) of this chapter;
(2) to perform such periodic fire safety and property maintenance inspections as
are required by section 144-12 (Fire Safety and Property Maintenance
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Southold Town Board- Letter Board Meeting of April 11, 2023
Inspections) of this chapter; and/or
(3) to take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention of the
Town of Southold by means of its own inspections or observations, by means
of a complaint, or by any other means other than a condition assessment or a
report of a condition assessment.
$144-21 -NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing firefighting services for a property within this
Town of Southold shall promptly notify the Building Inspector of any fire or explosion
involving any structural damage, fuel burning appliance, chimney, or gas vent.
$ 144-22 UNSAFE BUILDINGS, STRUCTURES, AND EQUIPMENT AND
CONDITIONS OF IMMINENT DANGER
Unsafe buildings, structures, and equipment and conditions of imminent danger in this
Town of Southold shall be identified and addressed in accordance with the procedures
established by Chapter 100 of the Town Code, as now in effect or as hereafter amended
from time to time.
$144-23 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
A Inspections required. Fire safety and property maintenance inspections of buildings
and structures shall be performed by the Building Inspector or 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,
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Southold Town Board - Letter Board Meeting of April 11, 2023
structure, use, or occupancy, or of any dwelling unit, may also be performed by the
Building Inspector or an Inspector authorized to perform fire safety and property
maintenance inspections at any time upon:
(1) the request of the owner of the property to be inspected or an authorized
agent of such owner;
(2) receipt by the Building Inspector of a written statement alleging that
conditions or activities failing to comply with the Uniform Code or Energy
Code exist; or
(3) receipt by the Building Inspector of any other information, reasonably
believed by the Building Inspector to be reliable, giving rise to reasonable
cause to believe that conditions or activities failing to comply with the
Uniform Code or Energy Code exist; provided, however, that nothing in this
subdivision shall be construed as permitting an inspection under any
circumstances under which a court order or warrant permitting such
inspection is required, unless such court order or warrant shall have been
obtained.
D OFPC Inspections Nothing in this section or in any other provision of this chapter
shall supersede, limit, or impair the powers, duties and responsibilities of the New
York State Office of Fire Prevention and Control ("OFPC") and the New York
State Fire Administrator or other authorized entity under Executive Law section
156-e and Education Law section 807-b. Notwithstanding any other provision of
this section to the contrary, the Building Inspector may accept an inspection
performed by the Office of Fire Prevention and Control or other authorized entity
pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of
the Executive Law, in lieu of a fire safety and property maintenance inspection
performed by the Building Inspector or by an authorized Inspector, provided that:
(1) the Building Inspector is satisfied that the individual performing such
inspection satisfies the requirements set forth in 19 NYCRR section
120.2(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
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Southold Town Board - Letter Board Meeting of April 11, 2023
administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the following steps as the
Building Inspector may deem to be appropriate:
(1) performing an inspection of the conditions and/or activities alleged to be in
violation, and documenting the results of such inspection;
(2) if a violation is found to exist, providing the owner of the affected property
and any other Person who may be responsible for the violation with notice of
the violation and opportunity to abate, correct or cure the violation, or
otherwise proceeding in the manner described in section 144-26 of this
chapter;
(3) if appropriate, issuing a Stop Work Order;
(4) if a violation which was found to exist is abated or corrected, performing an
inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such-abatement or correction, and
filing such report with the complaint.
§ 144-20 25 - Compliance required; penalties for offenses.
A T4 1, 11 be unlawful f any per-so firor- eor-por-ation to tr et .,lte
demolish, maintainbuilding ,. et„
move, remove, equip, .. st
notice,portion thereof in violation of a I . . . ks of this chapter-, or-to fail in any manner-to
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alt& or-
A J building N part u manner notNe
rmitted by anapproved building permit or eer-tifieate of oeeupaney. 1
A Orders to Remedy. The Building Inspector is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy Code, or this
chapter. An Order to Remedy shall be in writing; shall be dated and signed by the
Building Inspector; shall specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter; shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this chapter which is/are violated by the
specified condition or activity; and shall include a statement substantially similar to
the following: "The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy by [specify
datel,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
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Southold Town Board - Letter Board Meeting of April 11, 2023
such violations are being remedied. The Buildinjz 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,
R.-M 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$10,00.0 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
within 36 months thereafter, such person shall be guilty of a violation punishable
by a fine not to exceed $2,500.
D Iniunctive 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,
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Southold Town Board - Letter Board Meeting of April 11, 2023
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 availablelo 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.
§ 144-24-26 - 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
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.
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Southold Town Board - Letter Board Meeting of April 11, 2023
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:Jill Doherty, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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