HomeMy WebLinkAboutLL #04 2014
SOUTHOLD TOWN BOARD
PUBLIC HEARING
March 11, 2014
7:34 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
+rt
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 8:00 PM
COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 11 w day of February,
2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire
Prevention and Buildine Code Administration, in connection with Tents" 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 11'h day of March, 2014 at 7:34 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 Amendments to Chapter 144,
Fire Prevention and Buildine Code Administration in connection with Tents" reads as
follows:
LOCAL LAW NO. 2014
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire
Prevention and Buildine Code Administration, in connection with Tents".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of the
residents and general public at special events or gatherings where tent(s) are needed to
protect those in attendance from the elements.
Amendments to Chapter 144, Tents
March 11, 2014 2
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§144-3. Administration and enforcement officers designated; definitions.
D. n s used in this eh the `blio- ,ag `eFms shall W°.. h di a
meanings --iiavzvusc~
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)CANOPY - See Tent.
TENT - A structure, enclosure or shelter, including structures open without
sidewalls or sidewalls that drop on 75 percent or more of the perimeter,
constructed of fabric or pliable material supported by any manner except by air or
the contents it protects.
§144-6. Inspections required.
C. Inspection of tents.
(1) The Building Inspector or Code Enforcement Official shall perform inspections
on tents prior to the event for which the tent is to be used Tents must comply
with all requirements of the New York State Building Code and the following
standards:
(a) Sufficient exiting to a public way.
(b) Tents over 200 square feet shall be made of flame resistant materials A
certificate attesting to that fact shall be available on site for inspection
(c) All electrical supply shall be ground fault interrupted (GFI) at the source
(d) Tent stakes shall be capped or covered in such a way to present no hazard
to the public.
(e) No cooking shall be allowed under the tent
(f) All exiting aisles shall be maintained at a minimum of six (6) 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 (7) 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 Section 144-6(C)(1) above or if the tent is used in
violation of the provisions of Section 144-8.
Amendments to Chapter 144, Tents
March 11, 2014 3
§144-8. Building permit required; application for permit.
A. Building pennit/tent permit required prior to commencement; exceptions.
(2) No tent shall be erected on commercial property in the Town of Southold
unless a permit is 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 thirty (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
bona fide religious, charitable, educational fraternal service
veteran, or volunteer fire organization
(2)Q The exemption from the requirement to obtain a building permit for work
in any category set forth in Subsection A(1) of this section shall not be
deemed an authorization for work to be performed in violation of the
Uniform Code or the Energy Code. All work, structures and buildings
must comply with the provisions of Chapter 280, Zoning, of the Southold
Town Code.
K. Permit fees.
(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:
(j.) The permit fee for tents shall be $50 per permit
§144-20. Compliance required; penalties for offenses.
C. 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
Amendments to Chapter 144, Tents
March 11, 2014 4
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.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
I have here an affidavit of posting on the Town Clerk's bulletin board signed by Linda Cooper,
Deputy Town Clerk. I have an affidavit of publication in the Suffolk Times and a copy of that ad
signed by Karen Kine. I have a letter from the Planning Board, `Thank you for the opportunity
to provide comments on the amendments to the town code referenced above. The Planning
Board has reviewed the proposed amendments and supports the changes.' I have a letter here
from the LWRP coordinator, Mark Terry, `The proposed action `A Local Law in relation to
Amendments to Chapter 144, Fire Prevention and Building Code Administration in connection
with Tents' has been reviewed to Chapter 268 Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program Policy Standards. Based
upon the information provided to this department as well as the records available to me, it is my
recommendation that the proposed actions are consistent with the LWRP policy standards and
therefore are consistent with the LWRP. Pursuant to Chapter 268, the Town Board shall
consider this recommendation in preparing its written determination regarding the consistency of
the proposed action.' I also have a letter from Suffolk County Department of Planning signed by
Sarah Lansdale, `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. A decision of local
determination should not be construed as either an approval or disapproval.' I also have a letter
here from William D. Moore, attorney here in Southold; `Dear Supervisor Russell and Members
of the Southold Town Board, I am writing to comment upon the proposed local law referenced
above. I wish to advise you that proposed amendments to chapter 144 of the Southold town code
violate the provisions of the New York State Uniform Fire Prevention and Building Code act.
Specifically, New York executive law section 379 states `no municipality shall have the power to
supersede, void, repeal or make more or less restrictive any provisions of this article or of rules
or regulations made pursuant hereto.' Further executive law section 383 states, ` the provisions
of this article and of uniform fire prevention and building code shall supersede any other
provision of a general, special or local law, ordinance, administrative code, rule or regulation
inconsistent or in conflict therewith.' The proposed amendments to chapter 144 seek to impose
Amendments to Chapter 144, Tents
March 11, 2014 5
local regulation and control over tents and canopies which are inconsistent with and more
restrictive than the comprehensive state code and regulations that are already in place. There is
no authority for the Town's proposed piecemeal tinkering with the New York State Building
Code and the comprehensive body of regulations that have been adopted. I ask that you
discontinue any further action with respect to this proposed local law. Thank you.' that was
signed by William D. Moore.
SUPERVISOR RUSSELL: Who would like to comment on this particular local law?
TOWN ATTORNEY FINNEGAN: I would. Just in response to Mr. Moore's comments. I would
respectfully disagree with his statement that the proposed law violates the New York State
building code. There is a process which we are following that requires that the Town Board
adopt the law, the law will then be submitted to the Department of State for review through the
building code council. But we have to go through this process, have a public hearing, adopt the
law and send it in its adopted form to be reviewed so that it can be determined to be consistent
with the State building code. So that is the process we are going through tonight and once it is
completed, we submit the law for further review. If adopted the law will be a part of our town
code and will be enforceable pending the review by the State.
BILL SHIPMAN: Is that the same review the Department of State does?
SUPERVISOR RUSSELL: Whenever we adopt a local law it gets sent to the Department of
State for review, if I am not mistaken. We have to file it with the State of New York.
TOWN ATTORNEY FINNEGAN: But that is a different review process. Everything gets sent
to the Department of State.
SUPERVISOR RUSSELL: Same idea of State oversight.
TOWN CLERK NEVILLE: Sir, can you please state your name for the record? Thank you.
MR. SHIPMAN: Bill Shipman, 75 Horseshoe Drive, Cutchogue.
SUPERVISOR RUSSELL: Who else?
ROBERT DUNN: Robert Dunn, Peconic. Am I right in understanding that single family
residential homes are exempt from all of this?
TOWN ATTORNEY FINNEGAN: Yes. It doesn't apply to residential property or single
family residences.
MR. DUNN: Okay. Because it was in the second section, I did not know if it was included.
Thank you.
TOWN ATTORNEY FINNEGAN: Right.
Amendments to Chapter 144, Tents
March 11, 2014 6
BILL GILLOOLY: Bill Gillooly, Orient. Are not for profits excluded?
SUPERVISOR RUSSELL: It depends on the parcel.
TOWN ATTORNEY FINNEGAN: The property where the tent is being erected.
MR. GILLOOLY: If it is owned by a not for profit?
SUPERVISOR RUSSELL: If the property is owned, like a municipal corporation?
MR. GILLOOLY: Well, like say the historical society.
SUPERVISOR RUSSELL: I...
TOWN ATTORNEY FINNEGAN: I don't believe we have any exceptions for that. This is a
safety law, sir, it applies to making sure that if there is a tent that is an enclosed structure that it is
safe for people to assemble within it.
MR. GILLOOLY: Right, I thought I read something like that.
TOWN ATTORNEY FINNEGAN: There is an exception in our special events law for not for
profit type events, from that level of review but not for the tent permit process.
SUPERVISOR RUSSELL: Would anybody like to comment? Any more on this issue?
COUNCILMAN GHOSIO: I just, touching base on that again, 144-A D, it does seem to exempt
bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire
organizations, for tents with an occupancy of 300 or more unless owned, leased or operated by
them. Is that what he was talking about?
TOWN ATTORNEY FINNEGAN: That is 300 or more. Well, the state requires at the different
levels with a tent that big that we have to get it approved by the state. If it is a larger tent, okay,
there is another level of review so there is an exception from the state review for the tents for
charitable type organizations. But locally, we have our fire marshal check them out and inspect
them.
SUPERVISOR RUSSELL: Anybody else on this particular local law? (No response)
This hearing was closed at 8:09 PM
* * r r •
Eli eth A. Neville
Southold Town Clerk
2
- STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES
GovERROR ALBANY, NY 12231-0001 SECRETARY OF STATE
March 28, 2014
Lynda M Rudder RECEIVED
Deputy Town Clerk
Town Hall, 53095 Main Street APR - 4 2014
PO Box 1179
Southold NY 11971 Southold Town Clark
RE: Town of Southold, Local Law 3 & 4 2014, filed on March 20, 2014
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, w.dos•nv.oov.
Sincerely,
State Records and Law Bureau
(518) 474-2755
A
MMZ0LNY.GCV • EMAW 01FOODOWN.GOV
o~~gOFFOt,p19,
ELIZABETH A. NEVILLE, MMC h~ y Town Hall, 53095 Main Road
TOWN CLERK p P.O. Box 1179
(A Z Southold, New York 11971
REGISTRAR OF VITAL STATISTICS EO .tC Fax (631) 765-6145
MARRIAGE OFFICER Telephone (631) 765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 18,2014 EM679787883US
Express Mail
RE: Local Law No. 3 and 4 of 2014
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 3 and 4 of 2014 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,
L'-
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Southold Town Board - Letter Board Meeting of March 11, 2014
RESOLUTION 2014-258 Item # 5.35
+ ADOPTED DOC ID: 9607
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-258 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 11, 2014:
RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed
Local Law entitled "A Local Law in Relation to Amendments to Chapter 144, Fire Prevention
and Building Code Administration, in connection with Tents" is classified as a Type II action
pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA,
and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of
Southold, Waterfront Consistency Review.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Generated March 11, 2014 Page 44
Southold Town Board - Letter Board Meeting of March 11, 2014
#900,04110, RESOLUTION 2014-260 Item # 5.37
ADOPTED DOC ID: 9619
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-260 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 11, 2014:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 1 lch day of February, 2014, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 144, Fire Prevention and Building Code
Administration, in connection with Tents" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and
Building Code Administration, in connection with Tents" reads as follows:
LOCAL LAW NO. ~ 2014
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire
Prevention and Building Code Administration, in connection with Tents".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of the
residents and general public at special events or gatherings where tent(s) are needed to
protect those in attendance from the elements.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§144-3. Administration and enforcement officers designated; definitions.
D. As used in this ehapter-, the fellowing teFffis shall have the meanings indie
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).
CANOPY - See Tent.
Generated March 11, 2014 Page 47
Southold Town Board - Letter Board Meeting of March 11, 2014
TENT - A structure, enclosure or shelter, including structures open without
sidewalls or sidewalls that drop on 75 percent or more of the perimeter,
constructed of fabric or pliable material supported by anv manner except by air or
the contents it protects.
§144-6. Inspections required.
C. Inspection of tents.
(1) The Building Inspector or Code Enforcement Official shall perform inspections
on tents prior to the event for which the tent is to be used. Tents must comply
with all requirements of the New York State Building Code, and the following
standards:
(a) Sufficient exiting to a public way.
(b) Tents over 200 square feet shall be made of flame resistant materials. A
certificate attesting to that fact shall be available on site for inspection.
(c) All electrical supply shall be ground fault interrupted (GFI) at the source.
(d) Tent stakes shall be capped or covered in such a way to present no hazard
to the public.
(e) No cooking shall be allowed under the tent.
(fl All exiting aisles shall be maintained at a minimum of six (6) 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.
b) Guy ropes shall not pass through exit paths unless maintained more than
seven (7) 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
anv of the standards set forth in Section 144-6(C)(1) above or if the tent is used in
violation of the provisions of Section 144-8.
§144-8. Building permit required; application for permit.
A. Building permithent permit required prior to commencement; exceptions.
(2) No tent shall be erected on any property except properties wherein the
primary use is a single family dwelling unless a permit has been issued by
the Building Department. Tents may be erected for protection from the
elements for Special Events or for temporary activities that are a permitted
use of the premises in accordance with the Town Code and the approved
site plan for the premises subiect 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
Generated March 11, 2014 Page 48
Southold Town Board - Letter Board Meeting of March 11, 2014
Inspector or Code Enforcement Official up to a maximum duration
of thirty (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.
(2)M The exemption from the requirement to obtain a building permit for work
in any category set forth in Subsection A(1) of this section shall not be
deemed an authorization for work to be performed in violation of the
Uniform Code or the Energy Code. All work, structures and buildings
must comply with the provisions of Chapter 280, Zoning, of the Southold
Town Code.
K. Permit fees.
(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:
(j.) The permit fee for tents shall be $50 per permit.
§144-20. Compliance required; penalties for offenses.
C. 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.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law. ~7
0 u• az"
Elizabeth A. Neville
Generated March 11, 2014 Page 49
Southold Town Board - Letter Board Meeting of March 11, 2014
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Generated March 11, 2014 Page 50
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(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
0 Town of SOUTHOLD
? Village
Local Law No. 4 of the year 2014 .
A Local Law entitled, A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building
Code Administration, in connection with Tents
Be it enacted the Town Board of the:
? County
? City
0 Town of SOUTHOLD
? Village
1. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of the residents and
general public at special events or gatherings where tent(s) are needed to protect those in attendance
from the elements.
Il. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§ 144-3. Administration and enforcement officers designated; definitions.
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).
CANOPY - See Tent.
TENT - A structure, enclosure or shelter, including structures open without sidewalls or
sidewalls that drop on 75 percent or more of the perimeter, constructed of fabric or pliable
material supported by any manner except by air or the contents it protects.
§ 144-6. Inspections required.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev-05/05)
1
C. Inspection of tents.
(1) The Building Inspector or Code Enforcement Official shall perform inspections on tents prior to
the event for which the tent is to be used. Tents must comply with all requirements of the New
York State Building Code, and the following standards:
(a) Sufficient exiting to a public way.
(b) Tents over 200 square feet shall be made of flame resistant materials. A certificate
attesting to that fact shall be available on site for inspection.
(c) All electrical supply shall be ground fault interrupted (GFI) at the source.
(d) Tent stakes shall be capped or covered in such a way to present no hazard to the public.
(e) No cooking shall be allowed under the tent.
(f) All exiting aisles shall be maintained at a minimum of six (6) 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 (7) 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
Section 144-6(C)(1) above or if the tent is used in violation of the provisions of Section 144-8.
§ 144-8. Building permit required; application for permit.
A. Building permit/tent permit required prior to commencement; exceptions.
(2) No tent shall be erected on any property except properties wherein the primary use is a
single family dwelling unless a permit has been issued by the Building Department. Tents
may be erected for protection from the elements for Special Events or for temporary
activities that are a permitted use of the premises in accordance with the Town Code and
the approved site plan for the premises subject to the following standards:
(a) Tents should be removed as promptly as possible after the event has concluded.
(b) The duration of a tent permit shall be determined by the Building Inspector or
Code Enforcement Official up to a maximum duration of thirty (30) days.
(c) A tent permit shall not issue if the parcel has an open building permit or is the
subject of a pending site plan review or the property is subject to pending Town
Code violation(s).
(d) A permit is required from the State of New York for tents with an occupancy of
300 or more unless owned, leased, or operated by a bona fide religious, charitable,
educational, fraternal, service, veteran, or volunteer fire organization.
(3) The exemption from the requirement to obtain a building permit for work in any category
set forth in Subsection A(1) of this section shall not be deemed an authorization for work
to be performed in violation of the Uniform Code or the Energy Code. All work,
structures and buildings must comply with the provisions of Chapter 280, Zoning, of the
Southold Town Code.
K. Permit fees.
(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:
0.) The permit fee for tents shall be $50 per permit.
§ 144-20. Compliance required; penalties for offenses.
2
C. 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.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
3
~ (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. 4 of 20 14 of the
((4(Town) ) of SOUTHOLD was duly passed by the
TOWN BOARD on March 11 20 14 , 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*.)
hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)(re-passed after
disapproval) by the and was deemed duly adopted on 20
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(specia])(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.)
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.
4
5. (City local law concerning Charter revision proposed by petition.)
1 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.)
1 hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law , and was finally adopted in the manner indicated
in paragraph 1 above.
Clerk ofth `ouun`ty legislative body. City. Town or
(Seal) Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: March 17, 2014
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
1, the undersigned, hereby certify that the foregoing local law cont ' e correc xt and that all proper proceedings
have been had or taken for the enactment of the local law annexe reto.
Signat
Martin D. Finnegan, Town Attorney
Jennifer Andaloro, Esq., Assistant Town Attorney
Title
Town of SOUTHOLD
Date: March 17, 2014
5
G RECEIVED
Steven Bellone MAR 1 2 2014
SUFFOLK COUNTY EXECUTIVE
Department of Southold Town Clerk
Economic Development and Planning
Joanne Minieri
Deputy County Executive and Commissioner Division of Planning
and Environment
March 10, 2014
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Attn: Linda J. Cooper
Applicant: Town of Southold
Zoning Action: Amendments to Chapter 144, Fire Prevention and
Building Code Administration in connection with
Tents
Adopted Resolution No. 2014-187
S.C.P.D. File No.: SD-14-LD
Dear Ms. Cooper:
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,
Sarah Lansdale
Director of Planning
Andrew P. Frele g
Chief Planner
APF:cd
LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 853-5191
SUMMARY OF LUAMENDMENTS TO CHAPTER 144 IN
CONNECTION WITH TENTS
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC
HEARING AMENDS CHAPTER 144 ENTITLED "FIRE PREVENTION AND BUILDING
CODE ADMINISTRATION" OF THE SOUTHOLD TOWN CODE.
THE PURPOSE OF THE AMENDMENTS IS TO CODIFY EXISTING POLICIES AND
PROCEDURES FOLLOWED BY THE BUILDING DEPARTMENT. THE
AMENDMENTS TO SECTION 144-3 ADD A DEFINITION OF TENT AND CANOPY.
THE AMENDMENTS TO SECTION 144-6 INCLUDE ALLOWING FOR INSPECTIONS
TO BE PERFORMED BY A BUILDING INSPECTOR AND CODE ENFORCEMENT
OFFICIAL TO ENSURE COMPLIANCE WITH TOWN REGULATIONS AND THE NEW
YORK STATE BUILDING AND FIRE CODE AND ALLOWS FOR REVOCATION FOR
NON-COMPLIANCE.
THE AMENDMENTS TO SECTION 144-8 ESTABLISHES THE REQUIREMENTS FOR
A TENT PERMIT AND THE PURPOSES FOR WHICH ONE MAY BE ISSUED AND
SETS THE FEE FOR AND DURATION OF A TENT PERMIT.
SECTION 144-20 ESTABLISHES PENALTIES FOR VIOLATIONS OF THE TENT LAW.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN
THE TOWN CLERK'S OFFICE.
SUMMARY OF LUAMENDMENTS TO CHAPTER 144 IN
CONNECTION WITH TENTS
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC
HEARING AMENDS CHAPTER 144 ENTITLED "FIRE PREVENTION AND BUILDING
CODE ADMINISTRATION" OF THE SOUTHOLD TOWN CODE.
THE PURPOSE OF THE AMENDMENTS IS TO CODIFY EXISTING POLICIES AND
PROCEDURES FOLLOWED BY THE BUILDING DEPARTMENT. THE
AMENDMENTS TO SECTION 144-3 ADD A DEFINITION OF TENT AND CANOPY.
THE AMENDMENTS TO SECTION 144-6 INCLUDE ALLOWING FOR INSPECTIONS
TO BE PERFORMED BY A BUILDING INSPECTOR AND CODE ENFORCEMENT
OFFICIAL TO ENSURE COMPLIANCE WITH TOWN REGULATIONS AND THE NEW
YORK STATE BUILDING AND FIRE CODE AND ALLOWS FOR REVOCATION FOR
NON-COMPLIANCE.
THE AMENDMENTS TO SECTION 144-8 ESTABLISHES THE REQUIREMENTS FOR
A TENT PERMIT AND THE PURPOSES FOR WHICH ONE MAY BE ISSUED AND
SETS THE FEE FOR AND DURATION OF A TENT PERMIT.
SECTION 144-20 ESTABLISHES PENALTIES FOR VIOLATIONS OF THE TENT LAW.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN
THE TOWN CLERK'S OFFICE.
~a
D ECE ~V EEO ~,~c
• William D. Moore FEB 2 8 2014 Attorney at Law
51020 Main Road
Southold, New York 11971 SUPERVISOR'S OFFICE
Tel: (631) 765-4663 7" of WNW
Fax: (631) 765-4643
February 27, 2014
RECEIVED
Hon. Scott Russell, Supervisor and
Members of the Southold Town Board FEB 2 $ 014
Southold Town Hall
P.O. Box 1179
Southold, NY 11971 Southold Town Clerk
Re: Public Hearing March 11, 2014
"Local Law in Relation to Amendments to Chapter 144
Fire Prevention and Building Code Administration in connection
with tents"
Dear Supervisor Russell and Members of
the Southold Town Board:
1 am writing to comment upon the proposed Local Law referenced above. I wish to advise
you that the proposed amendments to Chapter 144 of the Southold Town Code violate the
provisions of the New York State Uniform Fire Prevention and Building Code Act. Specifically,
New York Executive Law §379 states, " no municipality shall have the power to supersede, void,
repeal or make more or less restrictive any provisions of this article or of rules or regulations made
pursuant hereto." Further, Executive Law § 383 states, "[t]he provisions of this article and of the
uniform fire prevention and building code shall supersede any other provision of a general, special
or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict therewith."
The proposed amendments to Chapter 144 seek to impose local regulation and control over
tents and canopies which are inconsistent with and more restrictive than the comprehensive state
code and regulations that are already in place. There is no authority for the Town's proposed
piecemeal tinkering with the New York State Building Code and the comprehensive body of
regulations that have been adopted. 1 ask that you discontinue any further action with respect to this
proposed local law. Thank you.
Very truly yours,
W Ilia D. Moore
WDM/bp
MAR. 10. 2014 11:58AM 631-853-4844 S C PLANING DI PT NO. 506': P. 2.GE e3
P. 2Cf :.p
MAR 1i ;1014
nY, t.
Sm7ocxcoVNTYjoMCMV-r !
Department of sou-hold ;.'led
p
Economic Devetopntene and Planning
Deputy, CouotyEzecnKve and Commissioner Dpv*ion orYlan~'
l~ E
' , an, 8srv;ronai
March 10, 2014'
Town, of Southold
53095 Main Road 'i iiWr P
P,Q. Box 1179 13 : Ir
aJ 9
Southold, NY 11971
• Attn:, Linda J. Cooper
,~ILh
Applicant: Town of Southold
"H
Zoning Action: Amendments to Chapter 144, Puc Prevention cl
Building Code Administration, in".eOnneOt-on•RfAtl~
Tents s.
Adopted Resolution No. 2614-18~
S.C.P.D. File No.: SD44-.LD
Dear Ms. Cooper; r'
31
Pursuant to the requirements of Sections A 14-14 to A 14.25 of the Suffolk Comfy Admini. jjve Code,
the abiove referenced application which has been submitted to the Suffolk Counts Planning C ssion
is'considered to be a matter for local determination es there is no apparentSjgnififant couaty'~ ie or
inter-community impact(s). A decision of local determination should not be construed as ei,
appaovel or disapproval. flan
Very truly y;
ours, li
i..;
• Sarah Lansdale
Director of Planning
RECEIVED
MAR 10 2014
~fOWh
Attorney's Office 4direw ~~P. Frelet#g j'
APF:rd. Chief Planner
i ' ':ar G
,h
r. n
LEE DENNISON BLDG ¦ 100 VETEAAgNe MWORWL NW.AM FI A P.O. BOA Stoo w NaUPPAUCk NY 117apa068 ¦ f61i pfi36191
i „u~
pF SOpl~o
OFFICE LOCATION: ~Q MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
• 54375 State Route 25 Southold, NY 11971
(cor. Main Rd. & Youngs Ave.) G Q
Southold, NY 11971 Telephone: 631 765-1938
COU01 Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVED
5 ,u4
To: Supervisor Scott Russell F E a 2
Town of Southold Town Board Southold Town Clerk
• From: Mark Terry, Principal Planner IK" LWRP Coordinator
Date: February 25, 2013
Re: Local Waterfront Revitalization Coastal Consistency Review of a Local Law entitled "A
Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building
Code Administration, in connection with Tents"
The proposed action "A Local Law in relation to Amendments to Chapter 144, Fire Prevention
and Building Code Administration, in connection with Tents" has been reviewed to Chapter 268,
Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront
Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the proposed
actions are CONSISTENT with the LWRP Policy Standards and therefore are CONSISTENT
with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
MAILING ADDRESS:
PLANNING BOARD MEMBERS P.O. Box 1179
DONALD J. WILCENSKI QF SOVryO/_ Southold, NY 11971
Chair o
OFFICE LOCATION:
• WILLIAM J. CREMERS Town Hall Annex
PIERCE RAFFERTY G Q 54375 State Route 25
JAMES H. RICH III (car. Main Rd. & Youngs Ave.)
MARTIN H. SIDOR COUSouthold, NY
n 1, Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Elizabeth A. Neville, Town Clerk
From: Donald Wilcenski, Chairman
• Date: February 25, 2014 CJ
Re: "A Local Law in relation to Amendments to Chapter 144, Fire
Prevention & Building Code Administration, in connection with
Tents"
Thank you for the opportunity to provide comments on the amendments to the
Town Code referenced above.
The Planning Board has reviewed the proposed amendments and supports the
changes.
cc: Scott Russell, Supervisor
Members of the Town Board
#11565
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s) successfully commencing on the
27th day of February, 2014.
Principal Clerk
Sworn to before me this day ofd-2d'14.
LEGAL NOTICE protection from the elements for Special
NOTICE IS HEREBY GIVEN, there Events or for tempQXM activities that
has been presented to the Town Board of are a permitted use of the premises in ac- '
lheTown of Southold, Suffolk County,New wadance with the Town Code and the ap-- A
York, on the 11th day of February, 2014, a proved siteplan for the premises subject
Local law entitled "A Local Law in rela- to the followine standards
lion to Amendments to Chapter 144. Fire
(a) Tents should be removed as CHRISTINA VOLINSKI
Prevention and Building Code Admhrktra- promptly as possible after the event has
tioain oonoeation wiWTents"and concluded. NOTAR`! PUBLIC-STATE OF NEW YORK
NOTICE IS HEREBY FURTHER NU The duration of a tent permit shall NO. 01V06105050
GIVEN that the Town Board of the Town be determined by the Building Insoec- Qualified in Suffolk County
of Southold' wiU hold a public hearing tot or Code Enforcement Official up to
on the aforesaid Local law at Southold a maximum duration of thirty (30)davs MV Commission Explies Fobwary 28. 2016
Town Hall, 53095 Main Road, Southold, (c) A tent permit shall not issue if the
New York, on the 11th day ofMarch,2014 parcel has an open building permit ork
01734 pm at which time all interested the subject of a peodjng site plan review
persons will be given an opportunity to or the noopem is subject to pending
be heard. Town Code violation(s)
The proposed Local law entitled, "A (d) Apermu is required from the Slate
Local Law ;n relation to Amendments to of New York for tents with an ocomm"
Chanter 144. File Prevention and Build- of 300 or more unless owned leased. or
lag Code Administration, in ennnettion operated a bona fide religious chan-
with Tents" reads as follows: table, educational. fraternal. service, vet-
LOCAL LAW NO. 2014 eran, or volunteer fire organization.
A Local Law entitled, "A Local Law hi (z^)(,3 The exemption from the re-
relation to Amendments to Chanter 144, quirement to obtain a building permit
F6e Prevention and BMUM Code Ad- for work m any category set forth in Sub-
in connection with Tents". section A(1) of this section shall not be
BE IT ENACTED by the Town Board deemed an authorization for work to be
of the Town of Southold as follows: performed in violation of the Uniform
L Purpose. Code or the Energy Code. All work,
The purpose of these Amendments is structures and buildings must comply
to protect the health, safety and weBbe- with the provisions of Chapter 280, Zon-
ing of the residents and general public at ing, of the Southold Town Code.
special events or gatherings where tent(s) K. Permit fees
are needed to protect those in attendance (1)The following fees shall be paid upon
from the elements the fling of an application with the Build-
IL Chapter 144 of the Code of the ing Inspector for a building permit, which
Town of Southold is hereby amended as fees shall be paid into the general fund if
follows: the application is approved or returned to
§144-3. AdmhsiAndi0n and enforce- the applicant if the application is denied
meat officers designated; definifi o (J.) The permit fee for tents shall be
D. As used in this ehapter, the fellow $50 cer permit.
$144-20. CompBence reigahvil; penal-
cated: ties for offenses.
Unless otherwise expressly stated. the C It shall be unlawful for idly licnon
followine terans shall- for the purtsose of firm or corporation to erect a tent in Ao-
this Chapter. have the meanings as herein lation of the provisions of this chanter.
defined Any word or term not noted or to fail in to cemply with a my crammer below shall be used with a meaning as notice. directive or order of the Building
defined in Webster's Third International ImWctor or Code Enforcement Official:
Dictionary of the English Lanpham, un- the owner. occu aunt or their agents or
abridged (or latest editipnL other person who commits any such of-
CANOPY-See Tent. lease shall, upon first conviction thereof
TENT - A structure, enclosure or be guilty of a violation punishable by a
shelter. including structures open with- fine not to exceed $1.000 Each day on
out sidewalk or sidewalk that drop on which such violation shall occur shall
75 percent or more of the perimeter. constitute a separate. additional offense.
constructed of fabric or pliable t ial For a second and subsequent conviction
supported by any manner except b it or within 36 months thereafter. such person
the contents it protects shall be godly of violation p ' h bl
§1444;. Inspections required. by a fine not to exceed $2500
C Inspection of tents. ULSEVERABHdTY
(1) The Buildine Inspector or code If any clause, sentence, paragraph, sec-
Enforcement Official shall perform in tion, or part of this Local Law shall be ad-
spectio tents prior to the event for judged by any court of competentjmisdic-
hich the tent is to be used Tents must lion to be invalid, the judgment shall not
comply with all requirements of the New affect the validity of this law as a whole
York State Building Code and the fol- or any part thereof other than the part so
lowing standards: decided to be unconstitutional or invalid.
(a) Sufficient exiting to a public way. IV. EFFECTIVE DATE
(b) Tents over 200 square feet shall be This Local Law shall take effect imme-
made of flame resistant material& A cer- diately upon filing with the Secretary of
tificate attesting to that fact shall be avail- State as provided by law.
able on site for ins e ction. Dated: February 11, 2014
(c) All electrical supply shall be BY ORDER OF
ground fault interrupted (GFII at the THE TOWN BOARD
source. OF THE TOWN OF SOOT HOLD
(d) Tent stakes shall be capped or cov- Elizabeth A. Neville
Bred i such a way to present n hazard Town Clerk
to the public 11565-1T 227
(e) No cooking shall be allowed under
h tent
(f) AO a sting aisles shall he main-
tained at a minimum of (61 feet wide six (g) If the event under Ili tent con-
ducted aft sunset, illuminated exit si
and emergenuv it lighting shall be p_
ided The lighting shall be a sepafate
circuit.
(h) Guy roves shall t pass through
exit paths unless maintained more than
seven (7) feet above grade. Tent stakes
shall not be in exit paths
Ill Fire extinguishers as required by
New Ymk State Building Cod and the
Town Building Insmi;I /Code Enforce-
ment Official shall be provided
(21 A tot permit may be revoked by
the Building Inspector or Code Enforce-
me t Official & NRgO-pcefim it is
determined that the tot does not com-
ply with any of the standards set forth. in
Section 144-6(C)(1) above or if the tent is
used in violation of the provisions of Sec-
tion 144-8.
§144.8. Buhl og permft required; 2p-
p8ration For permit
A Building permit/tent permit re-
mired p' to cmnmenceID T cep-
tions
Principal Clerk
Sworn to before me this day of 4.
LEGAL NOTICE wicetio fro h Ie n f r C W
NOTICE IS HEREBY GIVEN, there Fven s or for t mptromy activitiesthat
has been presented to the Town Board of AECarIW = of the e s c
the Town of Southold, Suffolk County, New co dad with ft T wn C d d th
York, on the 11th day of February, 2014, a o ved itpla f r the premises pbqgct
Local Law entitled A Local Law ' rely, m the follow y standards, upn t°-Auradmeninto C--INe' 140. phe (a) T nts should be r ov ac 1 VV b VVV
~v 'on and Building Gore Adm' isho promptly asp 'ble after the CHRISTINA VOLINSKI
6m.ncp RECW With Tnts"and concluded ant has STATE OF NEW YORK
NOTICE IS HEREBY FURTHER (b) The duration of atent M ' NOTARY PUBLIC-STATE
shall No. O-STATE OF N
GIVEN that the Town Board of the Town be determined by the Building I e
of Southold will hold a public hearing for or Code Fnf reem nt Official u t Qualified in Suffolk County
on the aforesaid Local Law at Southold amaxm and rat not h'rr (;Old My Commission Expires Fobru°rv 20, 2016
Town Had, 53095 Main Road, Southold , (d A tent pe rm t sir II
New York, on the 11th day of 6tarcb,2014 par lira. an pen, bt.'Id' not' if rh gam,
at 7J4 pm, at which time all interested t~ subject f a oe d. g t nl~,em review
persons will he given an opportunity to or the nrnrwrty bj ct to pending
ts
be heard. To Cod I ti(s)
The proposed Local Law entitled, "A A rm't is required from thSta
Lii Low in latfo t Amendments to of N Y k f tents with cups
QMWz 144, Fire Pre olio and Build- of 3011 m not s owned le d or or iog Cod, q~'~°y° 'u cismilgMto, waled by a b na fide religious. ch i
with Tents" reads as follows: table. tdu etial frto al service, vet
LOCAL LAW NO 2014 eran, or volunteer fire organization,
A Local Law entitled,!!& Loyal Law[ (3)f lire exemption from the re-
remtion t gndments to CbuWj 144 quirement to obtain a building permit
Irsis I!EMD pn and - n Building Cody A for work in any category set forth in Sob-
ratilm. in con eetiom with Tents section A(1) of this section shall not be
BE rF ENACTED by theTOwn Board deemed an authorization for work to be
Of the Town of Southold as follows: performed in violation of the Uniform
L Purpose. Code or the Energy Code. All work,
The purpose of these Amendments is structures and buildings must comply
to protect the health, safety and wefibe- with the provisions of Chapter 280, Zon-
ing of the residents and general public at ing, of the Southold Town Code.
special events or gatherings where tent(s) K. Permit fees
are needed to protect those in attendance (1) The following foes shall be paid upon
from the elements the filing of an application with the Build-
To Chapter 144 of the Code of the ing Inspector for a building permit, which
Town of Southold is hereby amended as fees shall be paid into the general fund if
follows: the application is approved or returned to
§1443. Administration and enforce. the applicant if the application is denied
meat ohms designated; definitions (j )ape it fee for tents shall b
D. S50 per pe=t
ing to §14420- Compliance repared; penal-in Blinn rx`VO`~ ties for offenses.
Unless h ^vi PXM513' stated, h C It shall be unl ful f y ce~rv
f II yn t rm h 7 f th p of firm or corporation t o ttent vi
th Ch 12t~Lhilytth-,.meamin 4tmn °f the p visi LL of this chap[ as 1~ defined Any _Qrd term of ligtiid os m fml m an
Y-~.mply with a
below h I d with a meaning as nonce, directive or order of the Builder
defined m Webster c Third In[ no=tional Insuec[pr or Code Enforcement Official'
Dictionary of the English La emuge. un- the msmer- occupant or their gents o
abridged (or late t edition) ether pe n who m 't any such of
CANOPY - e Tent relsK shall, upon fit conviction thereof,
TENT - structure enclosure he Imilty of a vi lati Ru ish ble by a
shelter including st etur s open ith fine not to exceed 1000 Each day
opJ sidew llo 'de II that drop on which such violation shall occur shall
75 e t o or f ir uuI=teL comidtut a separate add'tio I offense
purer ct d Of fabric of Unable material to se nd n~t conviction
supported by any m ne xoQt by air or wi i 36 monk thereafter such ce
the contents it rop- tests h_u Uri 9wityof a violation shabble
§144-6• Inspections required. by a fine not [o exceed 7;2 00.
C.Inscection otte t~ ]H,SEVERABH,ITy
f l l
h te Building I pact or Mr If any clause, sentence, paragraph, sec-
Enf [ Offi ' 1 shall pedgm in- lion, or part of this Local Law shall be ad-
sMuonsontent prio t th y tfor judged by any court ofcompetentjurisdic-
l i h the t nt ' to b used Tents most tion to be invalid, the judgment shall not
comply with all requirements of thu affect the validity of this law as a whole
York S[ t Bydng Cod and the fol or any part thereof other than the par[ so
lowmg s[an~rds decided to be unconstitutional or invalid.
(a)Sufficient _tpg bfc v IV. EFFECTIVE DATE
(b) Tents over 200 squarri feet This Local law shall take effect imme-
made or dame r s stant mat rial A cer- diately upon filing with the Secretary of
tificate attesting to that fact hall be aval State as provided by law.
able on site for ins do Dated: February 11, 2014
(c) All electrical unruly shall b BY ORDER OF
ground fault ' [ rrupted (GFD t th THETOWNBOARD
ounce. OF THE TOWN OF SOUTHOLD
(d) Tent stakes sir Il be cape d or o Elizabeth A. Neville
ered in such a w y to re t o and Town Clerk
to the public 11565-1T 227
(e) No cooking hall be allowed under-
e tent.
(f) All exiting ails shall be main-
tained at a minimum of ix (6) feet wide
(g) If the event trader the tent co
ducted after sunset iMinated exit sins
and emereenev t bidding shall be ono
vided The light g shall be a ea.at
circuit.
fh) Guy ropes shalt n t pass through
exit paths unless maintained more
seven (7) feet aho gr de Tut stakes
shall not be in t pa he
fit Fire extingui hu required
New York State B rig Code and h
Town Building I ceHOr/ e f
=at Official shall be provided
(2) A tent permit may be re oked b
the Building InUNcto or Code EnfOrc -
me t Official if upon jjj vtic it
set rmin d that the hint does not co
ply with my of the standards set forth in
Section 144-6(C)(1) above pr if the tent is
used in violation of the o ovis ns of Sec
tion 1448.
phe 144- torBuilding permit required; ap-
Permit
A. Building permit/t m permit re-
quired prior to com encem t erscep-
bons
(2) No tent shall be erected on com-
mercial properly in theT wn of Southold
unless apermit is issued by thBuildi g
Department Tents may be erected f
• STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being
duly sworn, says that on the c76O day of r-fA , 2014, she affixed a notice of
which the annexed printed notice is a true copy, 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.
Re: Tents PH 3-11-14
•
C~ !1
Linda J. Coo er
Deputy Town Clerk
Sworn before in his
day of '2014
Notary PAic
PONNIN. DOROSKI
Public, State Of New York
Gr095328, Suffolk County
:r2s hly 7, 20K
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
• Town of Southold, Suffolk County, New York, on the 11 d' day of February, 2014, a
Local Law entitled "A Local Law in relation to Amendments to Chanter 144, Fire
Prevention and Building Code Administration, in connection with Tents" 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 11th day of March, 2014 at 7:34 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 Amendments to
Chapter 144, Fire Prevention and Building Code Administration, in connection with
Tents" reads as follows:
LOCAL LAW NO. 2014
• A Local Law entitled, "A Local Law in relation to Amendments to Chanter 144, Fire
Prevention and Building Code Administration, in connection with Tents".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of
the residents and general public at special events or gatherings where tent(s) are
needed to protect those in attendance from the elements.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§144-3. Administration and enforcement officers designated; definitions.
D. As used in this ehapter-, the following tefms shall have the meaaiw
iadieateds
Unless otherwise expressly stated, the following terms shall, for the
purpose of this Chanter, 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).
CANOPY - See Tent.
TENT - A structure, enclosure or shelter, including structures open
without sidewalls or sidewalls that drop on 75 percent or more of the
perimeter, constructed of fabric or pliable material supported by an
y
manner except by air or the contents it protects.
§144-6. Inspections required.
C. Inspection of tents.
(1) The Building Inspector or Code Enforcement Official shall perform
inspections on tents prior to the event for which the tent is to be used.
Tents must comply with all requirements of the New York State Buildin¢
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 (6) 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 (7) 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 Section 144-6(C)(1)
above or if the tent is used in violation of the provisions of Section 144-8.
§144-8. Building permit required; application for permit.
A. Building permit/tent permit required prior to commencement; exceptions.
(2) No tent shall be erected on commercial property in the Town of
Southold unless a permit is 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 un to a
maximum duration of thirty (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
(2)(D The exemption from the requirement to obtain a building permit for
work in any category set forth in Subsection A(1) of this section
shall not be deemed an authorization for work to be performed in
violation of the Uniform Code or the Energy Code. All work,
structures and buildings must comply with the provisions of
Chapter 280, Zoning, of the Southold Town Code.
K. Permit fees.
(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:
(i.) The permit fee for tents shall be $50 per permit
§144-20. Compliance required; penalties for offenses.
C. 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.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not
affect the validity of this law as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of
State as provided by law.
Dated: February 11, 2014 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Town Clerk
* * s
Please publish on FEBRUARY 27, 2014 and forward one (1) affidavit of publication to:
Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold NY 11971
Copies to the following:
Suffolk Times Town Board Members Town Attorney
TC Bulletin Bd Web site Building Dept
Code Enforcement ZBA
Cooper, Linda
rom: Finnegan, Martin
nt: Monday, March 03, 2014 9:59 AM
To: Jill Doherty - Forward; Standish, Lauren; Neville, Elizabeth; Weisman, Leslie; Lanza,
Heather; Doherty, Jill; Jim Dinizio; Louisa Evans; William Ruland; Bob Ghosio
Cc: Krauza, Lynne; Cooper, Linda; Toth, Vicki
Subject: RE: LL-Amendments to Ch. 144-Public Comment
Jill - We have not yet submitted the local law to the Department of State for review. The process is a little "cart before
the horse". We have to submit the adopted local law for review rather than the proposed law. As a practical matter, it
makes sense because if the public hearing process necessitated changes in the law, we would have to resubmit. The
Department of State has advised us that we can enforce the law pending their review which may take up to 6 months.
Let me know if you have any other questions.
-----Original Message
0om: Jill Doherty - Forward
nt: Saturday, March 01, 2014 9:00 AM
To: Standish, Lauren; Finnegan, Martin; Neville, Elizabeth; Weisman, Leslie; Lanza, Heather, Doherty, Jill; Jim Dinizio;
Louisa Evans; William Ruland; Bob Ghosio
Cc: Krauza, Lynne; Cooper, Linda; Toth, Vicki
Subject: RE: LL-Amendments to Ch. 144-Public Comment
Did we hear back from the State yet? I assume its the same process that we go thru when we ask for changes in the
Coastal Erosion code. (we need the states approval).
Jill
On Sat, 3/1/14, Bob Ghosio Jr. <rsopher2@gmail.com> wrote:
Subject: RE: LL-Amendments to Ch. 144-Public Comment
To: "'Standish, Lauren"' <Lauren.Standish@town.southold.nv.us>, "'Finnegan, Martin"'
<martin.finnegan@town.southold.nv.us>, "'Neville, Elizabeth"' <E.Neville@town.southold.nv.us>, "'Weisman, Leslie"'
<weisman@northfork.com>, "'Lanza, Heather"' <heather.lanza@town.southold.nv.us>, "'Doherty, Jill"'
<iill.dohertv@town.southold.nv.us>, "'Jim Dinizio"' <lim@iamesdinizio.com>, "'Louisa Evans"'
<lpevans06390@amail.com>, "'William Ruland"' <rulandfarm@vahoo.com>
Cc: "'Krauza, Lynne"' <Ivnne.krauza@town.southold.nv.us>, "'Cooper, Linda"' <Linda.Cooper@town.southold.nv.us>,
"'Toth, Vicki"' <vicki.toth@town.southold.nv.us>
Date: Saturday, March 1, 2014, 8:50 AM
Is there any merit to what
Bill Moore is asserting in his letter?
1
'tSUFF0(,rc
ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road
• TOWN CLERK P.O. Box 1179
W Z Southold, New York 11971
REGISTRAR OF VITAL STATISTICS O Fax (631) 765-6145
MARRIAGE OFFICER Telephone (631) 765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 25, 2014
Re: Resolution Number 2014-187 "A Local Law
• in relation to Amendments to Chapter 144, Fire
Prevention and Building Code Administration in
connection with Tents"
Andrew P. Freleng, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting held on February 11,2014 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public, hearing.. This proposed local
law will also be transmitted to the Southold Town Planning Department for their review. The
date and time for this public hearing is 7:34 P.M., Tuesday, March 11, 2014. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Linda J. Cooper
Southold Deputy Town Clerk
Enclosure
cc: Town Board
Town Attorney
o~Og~?FFO(~co
ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road
TOWN CLERK = P.O. Box 1179
• co Z Southold, New York 11971
REGISTRAR OF VITAL STATISTICS p .1C Fax (631) 765-6145
MARRIAGE OFFICER Telephone (631) 765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 25, 2014
Re: Resolution Number 2014-187 "A Local Law
• in relation to Amendments to Chapter 144, Fire
Prevention and Building Code Administration, in
connection with Tents"
Donald Wilcenski, Chairman
Southold Town Planning Board
54375 State Route 25
Post Office Box 1179
Southold, New York 11971
Dear Mr. Wilcenski,
The Southold Town Board at their regular meeting held on February 11, 2014 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing.. This proposed local
law will also be transmitted to the Suffolk County Planning Department for their review. The
date and time for this public hearing is 7:34 P.M., Tuesday, March 11, 2014. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
p ~{[/`v~
C` ' /
J
Linda J. Cooper
Southold Deputy Town Clerk
Enclosure
cc: Town Board
Town Attorney
#01411 RESOLUTION 2014-188
ADOPTED DOC ID: 9552
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-188 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 11, 2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to
Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents" to the
Southold Town Planning Board and the Suffolk County Department of Planning for their
recommendations and reports. n
• Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER: Jill Doherty, Councilwoman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Cooper, Linda
4om: Tracey Doubrava <tdoubrava@timesreview.com>
nt: Thursday, February 20, 2014 1:29 PM
To: Cooper, Linda
Subject: Re: Legal Notice - Chapter 144, Tents 3-11-14
Hi Linda,
Good to go on this one as well..
Thanks, Candice (in for Tracey)
Tracey Doubrava
Display Ad Sales Coordinator
Times/Review News Group
85 Main Rd.
~0. Box 1500
Mattituck, NY 11952
P: (631) 298-3200
E: tdoubrava@timesreview.com
From: <Cooper>, Linda <Linda.Cooper@town.southold.nv.us>
Date: Thursday, February 20, 2014 1:03 PM
To: tr-legals <lesals@timesreview.com>
Subject: Legal Notice - Chapter 144, Tents 3-11-14
Good afternoon,
Here's another one. Please confirm receipt of the notice of Public Hearing for the 2/27/14 edition of the Suffolk Times.
Thanks again.
-2"/
Deputy Town Clerk
Town of Southold
631-765-1800
76 w4d tka Act o eor f" Ym moat d4ra 4&rw *m caa.
1
RESOLUTION 2014-187
ADOPTED DOC ID: 9551
•
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-187 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 11, 2014:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the l ls' day of February, 2014, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 144, Fire Prevention and Buildina Code
Administration, in connection with Tents" 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 I1th
day of March, 2014 at 7:34 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 Amendments to Chanter 144,
Fire Prevention and Building Code Administration, in connection with Tents" reads as
follows:
LOCAL LAW NO. 2014
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire
Prevention and Building Code Administration, in connection with Tents".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of the
residents and general public at special events or gatherings where tent(s) are needed to
protect those in attendance from the elements.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§144-3. Administration and enforcement officers designated; definitions.
D. A s . sed in this chapter, the f ll..° ing tens shall h'••° the Fn ..,77..
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).
CANOPY - See Tent.
Resolution 2014-187 Board Meeting of February 11, 2014
TENT - A structure, enclosure or shelter, including structures open without
sidewalls or sidewalls that drop on 75 percent or more of the perimeter,
• constructed of fabric or pliable material supported by any manner except by air or
the contents it protects.
§144-6. Inspections required.
C. Inspection of tents.
(1) The Building Inspector or Code Enforcement Official shall perform
inspections on tents prior to the event for which the tent is to be used. Tents must
comply with all requirements of the New York State Building Code and the
following standards:
(a) Sufficient exiting to a public way.
• (b) Tents over 200 square feet shall be made of flame resistant materials. A
certificate attesting to that fact shall be available on site for inspection.
(c) All electrical supply shall be ground fault interrupted (GFI) at the source.
(d) Tent stakes shall be capped or covered in such a way to present no hazard
to the public.
(e) No cooking shall be allowed under the tent.
(fl All exiting aisles shall be maintained at a minimum of six (6) feet wide
(R) 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 (7) 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 Section 144-6(C)(1) above or if the tent is used in
violation of the provisions of Section 144-8.
§144-8. Building permit required; application for permit.
A. Building permit/tent permit required prior to commencement; exceptions.
(2) No tent shall be erected on commercial property in the Town of Southold
unless a permit is 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:
Updated: 2/11/2014 10:45 AM by Lynne Krauza Page 2
Resolution 2014-187 Board Meeting of February 11, 2014
(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 thirty (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.
(2)(3) The exemption from the requirement to obtain a building permit for work
in any category set forth in Subsection A(1) of this section shall not be
deemed an authorization for work to be performed in violation of the
Uniform Code or the Energy Code. All work, structures and buildings
• must comply with the provisions of Chapter 280, Zoning, of the Southold
Town Code.
K. Permit fees.
(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:
6.) The permit fee for tents shall be $50 per permit.
§144-20. Compliance required; penalties for offenses.
C. 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.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
Updated: 2/11/2014 10:45 AM by Lynne Krauza Page 3
Resolution 2014-187 Board Meeting of February 11, 2014
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Updated: 2/11/2014 10:45 AM by Lynne Krauza Page 4
SUMMARY OF LL/AMENDMENTS TO CHAPTER 144 IN
CONNECTION WITH TENTS
THE PROPOSED LOCAL LAW THAT IS BEING NOTICED FOR PUBLIC HEARING
THIS EVENING AMENDS CHAPTER 144 ENTITLED "FIRE PREVENTION AND
BUILDING CODE ADMINISTRATION" OF THE SOUTHOLD TOWN CODE.
THE PURPOSE OF THE AMENDMENTS IS TO CODIFY EXISTING POLICIES AND
PROCEDURES FOLLOWED BY THE BUILDING DEPARTMENT. THE
AMENDMENTS TO SECTION 144-3 ADD A DEFINITION OF TENT AND CANOPY.
THE AMENDMENTS TO SECTION 144-6 INCLUDE ALLOWING FOR INSPECTIONS
TO BE PERFORMED BY A BUILDING INSPECTOR AND CODE ENFORCEMENT
OFFICIAL TO ENSURE COMPLIANCE WITH TOWN REGULATIONS AND THE NEW
YORK STATE BUILDING AND FIRE CODE AND ALLOWS FOR REVOCATION FOR
• NON-COMPLIANCE.
THE AMENDMENTS TO SECTION 144-8 ESTABLISHES THE REQUIREMENTS FOR
A TENT PERMIT AND THE PURPOSES FOR WHICH ONE MAY BE ISSUED AND
SETS THE FEE FOR AND DURATION OF A TENT PERMIT.
SECTION 144-20 ESTABLISHES PENALTIES FOR VIOLATIONS OF THE TENT LAW.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN
THE TOWN CLERK'S OFFICE.