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Home My WebLink AboutLL-1967 #01LOCAL LAW No. 1 - YEAR 1967 The Housing Code of the Town ot Southold Effective December 24, 1967 $1.00 101 102 § 103 104 § 105 § t06 TO~V~T OF SOUTHOLD LOCAL LAW NO. 1 YEAR 1967 A local law establishing a housing code for the Town of Southold. Be i~ enacted by the Town Board of the Town of Southold as follows: RESIDENTIAL PREMISES ARTICLE I General Provisions TITLE This Local Law shall be known as "The Housing Code of the Town of SouthoId." PURPOSE The purpose of This Code is to provide basic and uniform standards governing the condition, occupancy and maintenance of residential premises, and establish- ing reasonable safeguards for the safety, health and welfare of the occupants and users thereof. '~ EFFECTIVE DATE This Local Law shall take effect ten (i0 days fro~{ the date-of filing with the Secretary of State. SCOPE This Code shall apply to residential premises as follows: a) Lots, plots or parcels of land on which residential buildings, buildings of mixed occupancy or accessory s~ructures are located; b) Residential buildings, including one and two-family dwellings and multiple dwellings, except as specifically excluded in Section 105; ~ c) Residential occupancies in buildings of mixed occupancy; and d) Accessory structures, accessory ~o residential occupancies. NON-APPLICABILITY This Code shall not apply to mobile homes and mobile home courts, or to tran- sient type occupanmes and uses including, but no~ limited to, nursing and con- valescent homes, hotels, motels, tourist camps, farm labor camps, trave] trailers and trailer parks, and other forms of temporary housing. APPLICATION a--The provisions of this Code shall supercede local laws, ordinances, codes, or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this Code, provided that nothing herein con- tained shall be construed to prevent the adoption and enforcement of a law, ordi- nance, code or regulation which is more restrictive or establishes a higher stand- ard than those provided in this Code, and such more restrictive requirement or higher s~andard shall govern :du-ring the period in which it is in effect. b Where a provision of this Code is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sew- age disposal ]aw or ordinance, or regulation adopted pursuan~ thereto, or other local law, ordinance, code oi~ regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. 107 § 108 § 1.09 REFERENCE TO NEW YORK STATE BUILDING CONSTRUCTION CODE AND OTHER LAWS Installations, alterations and repairs to residential premises, and materials, as- semblies and equipmen~ utilized in connection therewith, shall be reasonably safe to persons and property and in conformity with applicable statutes of the State of iN-ew York. and orders, rules and regulations issued by authority thereof. Con- fortuity of such work. materials, assemblies or equipment with the applicable requirements of the New York State Building Construction Code shall be prima facie evidence that the same is reasonably safe to person and property. PARTIAL INVALIDITY If a term, part, provision, section, subdivision or paragraph of this Local Law shall be held unconstitutional, invalid, or ineffective, in whole or in part. such determination shall not be deemed to invalidate the remaining terms, parts, pro- visions, sections, subdivisions and paragraphs. DEFINITIONS accessory s~ructure. A structure, the use of which is incidental to thai of the residential building, and which is located on the same premises. accessory use. A use, occupancy or tenancy customarily incidental to the princi- pal use or occupancy of a residential building. .approved. Approved by the Building Inspector under the regulations of this Code, (or approved by an authority designated by law or this Code.) basement. That space of a building that is partly below grade which has more lhan half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. bathroom. Enclosed space containing one or more bathtubs, or showers, or both, 'and which may also contain water closets, lavatories, or fixtures serving similar purposes. .building. A structure wholly or partially enclosed within exterior walls, or with- in exterior or party walls, and a roof, affording shelter to persons, animals, or property. cellar. That space of a building that is partly or entirely below- grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. dwelling, one-family. Building containing not more than one dwelling unit oc- cupied exclusively for residential purposes. dwelling, t~vo-family. Building containing no~ more than two dwelling units oc- cupied exclusively for residential purposes. d~velling unit. One or more rooms with provision for living, cooking, sanitary, and sleeping facilities arranged for the use of one family. exit. A ~vay of departure from the interior of a building or structure~ to the ~eri~r at street or grade, includi{~g doorways, passageways, hallways, corridbrs~ stair~vays, ramps, fire escapes, and all other elements necessary for egress or escape. family. A household constituting a single housekeeping unit occuoied by one o~' more persons. generally accepted standard. A specification, code, rule, guide or procedure in the field of construction or related thereto, recognized and accepted as authoritative. grade, finished. Natural surface of the ground, or surface of ground after com- pletion of any change in contour, abutting building or premises. habitable space. Space occupied by one or more persons for living, sleeping, eat- ing, or cooking. Kitchenettes shall not be deemed to be habitable space. infestation. The presence, wit~hin or contiguous to a dwelling, dwelling unit. lodging house, lodging unit, or premises, of insects, rodents, vermin, or other pes~s. kitchen. Space, sixty square feet or more in floor area, with a minimum width of five feet, used for cooking or preparation of food. kitchenette. Space, less than sixty square feet in floor area, used for cooking or preparation of food. lodging house. A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meats, for compensation. lodging unit. A room or group of rooms forming a single habitable unit, used or intended to be used for lodging. mixed occupancy. Occupancy of a building in part for residential use and in part for some other use not accessory thereto. multiple dwelling, a building containing three or more dwelling units'; b -- building containing living, sanitary, and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families; c--building with one or more sleeping rooms, other than a one or two-family dwelling, used or occupied by permanent or transient paying guests or tenants: d building with sleeping accommodations for more than five persons used o~ occupied as a club, dormitory, fraternity or sorority house, or for similar uses; e building used or occupied as a convalescenT, old-age or nursing home but not including private or public hospitals or public institutions. nonhabitable space. Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets, and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories. plumbing system. The water supply system, the drainage system, the vent system, fLxtures and traps, including their respective connections, devices and appurten- ances within the property lines of the premises. potable water. Water which is approved for drinking, culinary and domestic pur- poses by the Suffolk County Board of I-Iealth. public space. Space within a residential building for public use, such as lobbies, lounges, reception, ball, meeting, lecture and recreation rooms, banquet and din- ing rooms and their kitchens, and swimming pools. sewage. Liquid waste containing animal or vegetable matter in suspension or solution, and which may include~industriai wastes and liquids containing chemicals. structure. An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings. toilet room. Enclosed space, containing one or more water closets, which may also contain one or more lavatories, urinals, and other plumbing fixtures. ventilation. Supply and remora! of air to and from a space by natural or mechan- ical means. ventilation, mechanical. Ventilation by power-driven devices. ventilation, natural. Ventilation by opening to outer air through windows, sky- lights, doors, louvers, or stacks with or without wind-driven devices. ARTICLE II Space Requirements 201 GENERAL REQUIREMENTS a--Buildings occupied in whole or in part as defined in this Code shall comply ;vith the requirements hereinafter set forth concerninng occupancy, size, light and ventilation in order to provide safe and healthful environment. b~The term, accessory use. shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings. 202 OCCUPANCY CLASSIFICATION OF BUILDINGS Buildings for the purpose of this Code shall be classified in respect to their oc- cupancies as follows: One-and Two-Family Dwellings Buildings containing one or two dwelling units with not more than four lodgers residing with a family in either one of such dwelling units; Mutiple Dwellings Buildings containing one or two dwelling units with more than four ]lodgers with a family in either one of such dwelling units; Buildings containing three or more dwelling units; Apartment houses and apartment hotels; Lodging houses; Buildings with sleeping accommodations for more than five persons used or oc- cupied as a club, dormitow, fraternity or sorority house, or for similar uses; Garden apartments; and Accessory Structures Garages, carports and similar type structures on residential premises. 203 MAXIMUM OCCUPANCY a--In d~velling units, the maximum number of occupants shall be limited to the number determined on the basis of the floor areas of habitable rooms, other than kitchens, as folloxvs: One occupant per room having floor areaof at least 80 but less than 120 square feet. t~vo occupants per room having floor area of at least 120 but less than 180 square feet~ and three occupants per room having floor area of 180 or more square feet. b--In lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dxvelling units. e--In buildings occupied as dubs. dormitories, sorority or fraternity houses and providing sleeping accommodations for more than five persons, the maximum number of occupants so accommodated in any habitable room shall be limited to the number determined on the basis of the floor area, in square feet, of the room divided by 50 square feet per occupant. 4 § 204 205 206 207 208 2O9 PROHIBITED USES a--It shall be prohibited to use any kitchen, nonhabitabie space, or public space for sleeping purposes. b--It shall be prohibited to use any communal kitchen containing less than square feet of floor area, or any non-habitable space or public space other than dining space for dining purposes in lodging house~. c--It shall be prohibited to prepare or eat meals in lodging units. d--It shall be prohibited to use any cellar space as habitable space. HABITABLE SPACE Size a--A dwelling unit shall contain at least one habitable room having a minimum of 150 square feet of floor area and a minimum horizontal dimension of 10 feet. b Kitchens shall have a minimum of 60 square feet of floor area, and other habitable spaces shall contain nos less than 80 square feet of floor area and shall have a minimum horizontal dimension of 7 feet. c--Every alcove less than 60 square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least'80 per cent of the wall area of such partition, measured on the alcove side, but not less than 40 square feet. The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of 60 square feet or more, but less than the required area of a habitable room, shall be separately lighted and ventilated as required for habitable space. Basements Basements shall not be deemed habitable space where required windows a._re loc- ated only on one walt and the depth of the basement space exceeds four times its clear height. Light and Ventilation a--Habitable space shah be provided with natural light through one or more windows, skylights, transparent or translucent panels, or any combinations thereof, that face directly on legal open spaces at least 6 inches above the adjoin- ing finished grade, or are above a roof. The amount of light shall be equivalent to that transmitted through clear glass equal in area to 10 per cent of the floor area of the habitable space. b Habitable space shall be provided with artificial light. c--Habitable space shall be provided, with natural ventilation through openable parts of windows or other openings in exterior walls that face legal open spaces above the adjoining finished grade or above a roof, or through openable parts of skylights, providing total clear ventilation area equal to not less than 5 per cent of the total floor area of each habitable space. d ~YIabitable space may also be provided with mechanical ventilation, in addition to natural ventilation. Miscellaneous Requirements a--Dwelling units shall be separated from each other and from other spaces out- side the dwelling unit. 5 ~ ~10 § ~,11 § 212 § 213 § 214 § 215 b Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy. c--Lodging units shall be separated from each other and from other spaces out- side the lodging units. d--A communal kitchen or dining room in a lodging house shall be accessible to the occupants sharing such kitchen or dining room without going through a dwell- ing unit or todging unit of another occupant. PUBLIC SPACE Height Public space shall have a minimum height of 6 feet 10 inches measured from fin- ished floor to finished ceiling. Light and Ventilation a--Public spaces shall be provided with artificial light. b .In public stairs, stairways and passageways artificial light shall be electric lighting available at all times so as to afford safe passage for occupants and users. Such lighting shall conform to the following: (1) A sufficient number of fixtures shall be provided so that the distance be- tween fixtures is not more than 30 feet and so that no wall is more than 15 feet distant from a fixture. (2) Incandescent lighting shall be based on not less than 1/4 watt per square foot of floor area, except that each fixture shall have a lamp or lamps with a total of not less than 25 watts. (3) Fluorescent lighting shall be basedon not less than 1 ~10 watt per square foot of floor area, except that each fixture shall have a lamp or lamps of a total of not less than 15 watts. (4) Where under these formulas the calculated wattage does not correspond to that of a standard lamp, the next larger size shall be used. c Public spaces shall be provided with either natural ventilation, conforming to the requirements for habitable space, or with mechanical ventilation. NONHABITABLE SPACE Toilet Rooms and Bathrooms a .Toilet rooms and bathrooms in one-and two-family dwellings shalI have pro- visions for privacy. b--Toilet rooms and bathrooms for dwelling units in multiple dwellings, shal! be located within the dwelling units and shall be accessible from any sleeping room without passing through any other sleeping room. c--Unless located within dwelling units or directly connected with sleeping rooms, toilet rooms and bathrooms in multiple dwellings shall be provided in each story containing habitable space, and shall be accessible thereto. d--Bathrooms and toilet rooms shall be provided with floors of moisture resistant material. Light and Ventilation a--Kitchenettes, bathrooms, and toilet rooms shalI be provided with artificial light appropriate for the use of such rooms. b--Laundry rooms, furnace rooms, and similar nonhabitable space shall be pro- vided with artificial light appropriate for the intended use of such rooms. § 216 § 217 § 301 § 3O2 § 3O3 c--Stairs shall be provided with artificial light to allow safe ascent or descent. d--Kitchenettes, bathrooms, and toilet rooms shall be provided with ventilation in accordance with either of the following: Natural ventilation as required for habitab!e space, except that such openable areas shall be not less than 1-1/2 square feet for bathrooms or toilet rooms and not less than 3 square feet for kitchenettes; or Mechanical ventilation exhausting not less than 25 cfm for bathrooms and toilet rooms and not less than 100 cfm for kitchenettes. ACCESS AND VERTICAL TRAVEL BETWEEN STORIES a--Stairs, both interior and exterior, shall be of sufficient width in conformity with generally accepted standards so as to serve the occupants. b--Railings shall be provided on open portions of stairs, balconies, landings and stairwells. EXITS a--Safe, continuous and unobstructed exit shall be provided from the interior of the building to the exterior at street or grade level. b--Exits shall be arranged, constructed and proportioned so that occupants may escape safely from the building in ease of emergency. e In one and t~vo-family dwellings, in addition to a primary exit from the build- ing, there shall be provided a secondary exit or, in lieu thereof, one or more exit openings for emergency use. ARTICLE III Structural Requirements GENERAL REQUIREMENTS a--Buildings and parts thereof shall be maintained so as to be capable of sustainq ing safely their own weight and the loads to ~vhich they may be subject. b--Buildings shall be maintained so that loads are transmitted to the soil wlthout undue differential settlement, unsafe deformation or movement of the building or of any structural part. c--Buildings shall be maintained so that protection is provided for all structure.! members which may become structurally unsound if left unprotected. d--Buildings built in soil which is water bearing at any season of the year shall be maintained so that ground and surface water will not penetrate into habitable spaces. EXTERIOR PROTECTION a--Foundation walls shall be maintained so as to be structurally sound and to pre- vent entrance of moisture, termites and vermin. b Exterior walls and wall components shall be maintained so as to prevent de- terioration due to the elements and destructive insects. c--Roofing shall be maintained in watertight condition so as to prevent leakage into the building. Such maintenance shall consist of repairs of roofing, flashing, waterproof coatings or other suitable means. INTERIOR PROTECTION : a--Structural members shall be maintained so as to be structurally sound. Such protection shall consist of shoring, reinforcement, or repair where necessary, fre- quent destruction of termite tubes or other appropriate means. b Chimneys and flues shall be maintained so as to be structurally sound and to prevent leakage of gases into the structure. Such maintenance shall consist of § 401 § 402 § 501 clearing flue stoppages, sealing open joints, repairing masonry where necessary and other suitable means. c Ceilings and walls shall be maintained so that parts which become loose or defective do not constitute a hazard to occupants. Such maintenance shall consist of removing and replacing loose or defective sections. d Toilet room and bathroom floors shall be maintained so as to prevent leakage of water through the floor, under normal conditions of use and floor washing, and resultant deterioration or defects in structural members and ceilings below. Main- tenance shall consist of repairs which effectively provide the moisture and water- proof qualities required for the particular floor. ARTICLE IV Fire-Safety Requirements PROHIBITED ACCUMULATIONS AND STORAGE It shall be prohibited: (1) to accumulate or store on residential premises, except in approved loca- tions, any highly flammable or explosive matter, such as paints, volatile oils, cleaning fluids and similar materials, or any combustible refuse liable to spontaneous combustion, such as waste paper, boxes, rags or similar materials; and (2) to accumulate or store materials on fire escapees or stairs, in stairways-or' passageways, at doors or windows, or in any 6ther locations where in: the, event of fire such materials may obstruct egress of occupants or interfere with firefighting operations. FIREPLACES a--Fireplaces and similar construction used, or intended to be used for burning fuel in open fires shall be connected to approved chimneys and shall be installed so that nearby or adjacent combustible material and structural members shall not be heated to unsafe temperatures. b--Hearths and linings or other parts of fireplaces exposed directly to flame shall be of materials that will not melt, disintegrate, spall, or shatter at high tempera- tures. c--XVood mantels and trim on fireplaces shall be placed and attached so that they cannot be heated to unsafe temperatures or ignited by sparks or embers from the fire. ARTICLE V Equipment Requirements GENERAL REQUIREMENTS a--Plumbing, heating, electrical, ventilating, air conditioning, refrigerating, cook- ing, fire protection and radiation production equipment, elevators, dumbwaiters, escalators, and other mechanical additions, installations, or systems for the use of the building shall be installed, located and maintained so that under normal con- ditions of use such equipment and systems will not be a danger to health or welfare, a danger because of structural defects, or a source of ignition, or a radiation hazard, and will not create excessive noise, or otherwise become a nuisance. Equipment and systems include, but are not limited to, apparatus, devices, fixtures, piping, pipe hangers, pipe covering, wiring, fittings, and materials used as part of, or in connection with, such installations. b 'Equipment and systems subject to damage from freezing shall be adequately protected against freezing. § 502 § 503 c-- Moving parts of equipment which may be a potential hazard shall be guarded to protect against accidental contact. PLUMBING General Requirements a--Plumbing systems shall be maintained in sanitary and serviceable condition. b--Plumbing systems shall be maintained so as not to weaken 'structural mem- bers nor cause damage or deterioration to any part of the building through fixture usage. Water Supply a--Potable water from an approved source shall be available at all times in res- idential buildings. The domestic water supply system of the building shall be con- nected to such approved source, and shall not be subject to contamination. When supplied from a public source, the potable water supply system shall not be connected to private or unsafe water supplies. b--Water supply systems shall be installed and maintained so as to provide at all times a supply of water to plumbing fixtures, devices ar_d appurtenances in suffi- cient volume and at pressures adequate to enable them to function satisfactorily and without undue noise under ali no~wnal conditions of use. c--Water supply systems shall be installed and maintained so that water us.ed for purposes of cooling or heating shall not be reintrod~{ced into the domestic water supply system nor be distributed through such equipment to plumbing fixtures. d--I-!or water supply systems shall be provided with safety devices arranged to relieve hazardous pressures and excessive temperatures. Sewage Drainage System a--Plumbing fixtures shall be drained to a sewage drainage system and such system shall be connected to a public sewer or to an adequate and approved system of sewage disposal. b Where a public sewer is not available, system shall be provided to receiv~ and dispose of sewage without health hazard or nuisance; c Sewage or other waste which may be deleterious to surface or subsurface waters, shall not be discharged into the ground or into a waterway unless it has first been rendered harmless through subjection to treatment in conformity with generally accepted standards. dSubstances which ~vill clog the pipes, produce explosive mixtures, destroy the pipes or their joints or in.terfere unduly with the sewage disposal process, shall not be discharged into the building drainage system unless it is provided with approved devices suitable for intercepting such substances. c Each fixture directly connected to the sewage drainage system shall be equipped with a water seal trap. f--Adeauate cleanouts shall be provided and maintained so that the pipes may be readily cleaned. g--The drainage system and its attendant vent piping shall be maintained so as to provide adequate circulation of air in all pipes in order that siphonage, aspira- tion, or pressure will not cause a~Ioss of trap seal under ordinary conditions of use. h--Each vent terminal to the outer air shall be installed and maintained so as to minimize the possibilities of clogging, frost closure, the return of foul air to the building, or the creation of a nuisance to adjacent premises. i Drains provided for fixtures, devices; appliances, or apparatus containing food, water, sterile goods or similar materials, shall be equipped with air breaks, ad- § 505 § 506 § 507 508 5O9 § 510 § 511 equate to prevent contamination oi such contents from any possible backup o_ sewage through the direct or indirect drainage piping. Plumbing Facilities a--Building and portions thereof shall be provided with plumbing systems de- signed to dispose of the selvage from all fixtures and to furnish cold water every water closet and urinal, and hot and cold water to every sink. lavatory, bathtub and shower required therein. b--There shall be provided ~vithin each dwelling unit, plumbing fixtures consist- ing of at least: One kitchen sink One water closet, One bathtub or shower, and One lavatory. FUEL GAS General Requirements a--Fuel gas piping systems shall be installed and maintained so as to remain gas- tight, safe and operative under conditions of use. b--Fuel gas piping systems shall provide a supply of gas sufficient to meet the maximum expected demand of the installed gas-burning appliances connected thereto. Shutoff Valves a--Gas piping systems shall have at least one accessible means for shutting off all gas supply and such means shall be maintained in good operating condition. b--An easily accessible shutoff valve or cock shall be provided in the piping i,~ close proximity to, and ahead of every outlet for gas appliance. Service Equipment for Gas Supplied from Utility Mains Gas services, gas meters, and gas pressure regulators shall be located so that the:. are protected from damage. Gas Refrigerators and Ranges Gas refrigerators and ranges shall be installed with clearance for ventilatiom shall be maintained in good operating condition. Liquefied Petroleum Gas a--Undiluted liquefied petroleum gas in liquid form shall not be conveyer! through piping equipment and .~ystems in buildings. b--Liquefied petroleum gas shall n~t be vaporized by devices utilizing open or open electrical coil. c--Where two or more containers are installed, connection shall be arran§ed that containers can be replaced without shutting off the flow of gas to equipment. d--Containers shall be designed, stored and located so as not to be a hazard to th,_ premises served, or to the surrounding property. e--Systems shall be provided with safety devices to relieve e-~ccesslve pre>;sures. and shall be arranged so that the discharge terminates at a safe location. f--Systems shall have at least one accessible means for shutting off the gas. Suck means shall be located outside the bnildmg, and shelf be maintained in good oper- ating condition. 10 § 512 § § 514 515 § 516 § 517 § 518 § 519 § 520 HEATING General Requirements a--Residential buildings intended for occupancy between the first day of No- vember and the first day of May of the following year shall be provided with heat- ing equipment designed to maintain a temperature of not less than 70°F. at a dis- tance of 3 feet and more from exterior walls, and at a level of 5 feet above the floor, in habitable spaces, kitchenettes, bathrooms and toilet rooms. The capabil- ity of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the local- ity. b--In multiple dwellings, adequate heat shall be provided to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms, at 70~F. from 6:00 A. M. to 11:00 P. M. when the outside temperature falls below 55°F. Smoke Control Fuel-burning heat producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person. Warm Air Heating Ducts and other air handling equipment used for heating shall conform to the requirements of such equipment used for ventilating purposes. Prohibited Locations for Heat Producing Equipment. Fuel-burning water heaters shall not be located in sleeping rooms. Fuel Supply Connection Fuel-burning equipment shall be permanently fastened and connected in place. Fuel supply connection to such equipment shall be made with pipe or tubing of solid metal. Installation and Clearance Where heat producing equipment is installed on, or adjacent to, combustible materials, the location, insulation, clearance, and the control of the equipment shall be such that the ternperature on the surface of the combustible materials will not exceed a safe temperature. Air Supply a--Direct-fired heat producing equipment and the enclosure in which it is locat- ed shall be provided with a supply of air adequate both for complete combustion at the rated gross output of the equipment and for the ventilation of the enclosure to prevent the accumulation of heat. b--Rooms containing fuel burning equipment shall have such air supply provided by means of one or more openings to the exterior, or by means of fixed openings to interior spaces which open to the exterior. Removal of Products of Combustion a--Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues and shall not be connected to gasvents. Unvented heaters burn- ing liquid fuel shall be prohibited. b--Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed sball be connected to a suitable chimney, flue or gasvent. § 521 § 522 § 523 § 524 525 526 § 527 § 528 c--Gas-fired equipment shall be connected to a suitable chimney, flue or gasvent when the discharge of products of combustion into the space where the equip- ment is installed would be a hazard. Safety Devices a--Equipment capable of developing hazardous pressures or temperatures shall be provided with means to relieve safely such pressures and temperatures. b Controls for the safe operation of automatically operated heat producing equipment shall be provided to function as follows: When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off. When a predetermined temperature or pressure is exceeded, the in- put of additional heat shall be prevented or reduced to a safe rate. When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off. When failure or interruption of pilot light or main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off. CHIMNEY, FLUES, AND GASVENTS General Requirements a--Chimneys, flues, gasvents and their supports shall be installed and maintained so as to be structurally safe. durable, smoketight, noncombustible, and capable ~of withstanding the action of flue gases without softening, cracking, cori-oding, or spalling. b--Such facilities shall effectively convey the products of combustion to the outer air. c--Masonry chimneys, except approved preiabricated chimneys, shall have non- combustible foundations. d--Flue linings shall be capable of withstanding the action of flue gas without softening, cracking, co~oding, or spalling at the temperature to which they will be subjected. e Openings for smoke pipes or gasvent connections sh~l be provided with means for easy connection without restrict ion of flue. Fire Safety Chimneys, flues and gasvents shall be installed and maintained so that under con- ditions of use, the temperature of any combustible material adjacent thereto, in- sulated therefrom or in contact therewith, does not exceed a safe temperature. INCINERATORS General Requirements a--Incinerators shall be of adequate capacity for the intended use. ELECTRICAL General Requirements a--Electrical wiring and equipment shah be installed in conformity with general- ly accepted standards and maintained so as not to be a potential source of ignition of combustible material or a potential source of electrical hazard. b Electrical wiring and equipment shall be firmly secured to the surface on which it is mounted. 12 c~Electrical wiring and equipment installed in damp or wet locations or where exposed to explosive or flammable gases, or to excessive temperatures, shall be of a type approved for the purpose and location. d--Electrical wiring and equipment shall be protected against excessive current by properly rated overcurrent devices. e--Electrical wiring and equipment shall be grounded or otherwise protected by insulation, isolation, or guarding so as ~o minimize the danger of high voltages from lighming or other causes. f--Electrical equipment which in m'dinary operation produces arcs or sparks shall be enclosed unless separated and i~:olafed from ail combustible material. g--Service equipment and overcurrent protection devices shall be installed and maintained in a readily accessible location. 529 Artificial Lighting a--Residential buildings and occupancies shall be wired for electricity, and light- lng equipment shall be installed throughout to provide adequate illumination for the intended use of each space. Electric wiring system shall be connected to an adequate sero'ce of supply. b--There shall be a switch or other means for controlling a light in each dwelliu~ unit near the point of entrance to such unit. 530 COOKING AND REFRIGERATION 531 General Requirements a--Each dwelling unit shall be provided with appropriate cooking and rch'igeration equipment. b--Cooking and refrigeration equipment shall be maintained in good eperatin~ condition. c--Gas-burning cooking equipment shall be permanently fastened and connecte:i in place. Gas supply connection to such equipment shall be made with pipe or tubing of solid metal. d--Solid fuel-burning cooking equipment shall be appropriately vented. 532 Communal Cooking and Dining Facilities Communalkitchens and dining rooms shall comply xvith the £ollowing require- ments: Communal kitchens shall contain at least 1 kitchen sink; at least 1 kitchen gas or electric stove equipped with an oven and not less than 4 top burners, at least one electric or gas type refrigerator with adequate food storage capacity, but in no case less than $ cubic feet nominal size. Dining space and eating facil- ities where provided in the kitchen area shall comply with the requirements for communal dining rooms. Communal dining rooms shall contain at least l dining chair and 2 lineal feet of dining space for each occupant permitted in a dining room at any particular time. 533 AIR CONDITIONING AND MECHANICAL VENTILATION IN ONE-AND TWO-I"AMILY DWELLINGS a--Exhaust air from a dwelling unit shall not be circulated to another dwelling unit. b~Ducts shall be securely fastened in place and appropriately firestopped. 13 § 534 § 535 § 536 § 537 § 601 § 602 603 § 604 FUEL OIL General Requirements Fuel oil shall be received, stored, and conveyed by means of fixed liquidtight equipment. Storage Tanks a--Tanks shall be provided with means for venting. b--Tanks shall be installed and maintained so as not to be a hazard to the premises served or the surrounding property. Piping a--Automatically operated boilers and furnaces using fuel oil shal[ be provided with remote control to stop the flow of oil during fire or other emergency. b--Filling, emptying, and venting of tanks shall be by rneans of fixed piping. Pipes to underground tanks shall be pitched toward tanks. Terminals of fill and vent pipes shall be located outside buildings at a safe distance from building openings. ARTICLE Vi Property Maintenance Requirements GENERAL REQUIREMENTS Residential premises shall be maintained in conformity with the provisions of this Code so as to assure the desirable residential character of the property. OPEN AREAS a--Surface and subsurface water shall be appropriately drained to protect build- ings and structures and to prevent development of stagnant ponds. Gutters. cul- verts, catch basins, drain inlets, storm water sewers, approved combined storm and sanitary sewers, or other satisfactory drainage systems shall be utilized where deemed necessary. b--Fences and other minor constructions shall be maintained in safe and sub- stantial condition. c--Steps, walks, driveways, parking spaces, and similar paved areas shall be main- tained so as to afford safe passage under normal use and weather conditions. d--Yards and courts shall be kept clean and free o[ physical hazards. e--Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated, BUILDINGS AND STRUCTURES a--Floors, walls, ceilings, furnishings and fixtures of residential buildings shall maintained in clean and sanitary condition. b--Accessory structures shall be maintained so as to be free of conditions detri- mental to safety or health. INFESTATION AND SCREENING a--Grounds, buildings, and structures shall be maintained free of insect, vermin, and rodent harborage and infestation. Methods used for exterminating insects. vermin and rodents shall conform with generally accepted practice. b--Where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be appropriately screened with wire mesh or other suitable rnaterials. c--From May 1st to October 1st, entrances to residential buildings shall be pro- vided with self-closing type devices or screens, and windows and other openings used for ventilation shall be appropriately screened. 14 § 605 § 791 § 762 § 763 GARBAGE AND REFUSE a--Adequate sanitary facilities and methods shall be used for the collection, stor- age, handling and disposal o£ garbage and refuse. ARTICLE VIi Compliance RESPONSIBILITIES OF OWNERS a--Owners of premises shall be responsible for compliance with this Code, and shall remain responsible therefor regardless of the fact that this Code may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility. b---Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities. RESPONSIBILITIES OF LODGING HOUSE OPERATORS Lodging house operators shall be responsible for compliance with this Code in re- gard to the following: (1) limiting occupancy to the maximum permitted by this Code; (2) maintenance of safe and sanitary conditions in all parts of lodging house premises; (3) maintenance and operation of all required service facilities; (4) maintenance of all plumbing, cooking and refrigeration fixtures and apph- ances within his control as well as other building equipment and facilities, in an operative, clean and sanitary condition; (5) sanitary maintenance of walls, floors and ceilings; (6) keeping exits clear and unencumbered; (7) disposal of building garbage and refuse in a clean and sanitary manBer; (8) extermination of insects, rodents, or other pests on the premises; and (9) hanging and removing required screens. RESPONSIBILITIES OF OCCUPANTS Occupants of dwelling units shall be responsible for compliance with this Code in regard to the £ollowing: (1) limiting occupancy of that part of the premises which he occupies or con- trois to the maximum permitted by this Code: (2) maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition; (3) maintenance of all plumbing, cooking and refrigeration fixtures and appli- ances, as well as other building equipment and storage facilities in that Dart of the premises which he occupies or controls, in a clean and sanitary condition, and providing reasonable care in the operation and use thereof: (4) keeping exits from his dwelling unit clear and unencumbered; (5) disposal of garbage and refuse into provided facilities in a clean and san- itary manner; (6) extermination of insects, rodents or other pests within his dwelling unit if his unit is the only one infested in the premises; (7) hanging and removing required screens: and (8) keeping his domestic animals and pets in an appropriate manner and un- der control. 15 § § 801 § 802 § 803 § 804 § 8O5 ARTICLE VIII Enforcement and Administration INSPECTION OF DWELLINGS The Building Inspector shall be authorized to make or cause to be made inspec- tions to determine the condition of dwellings, dwelling units, rooming houses, rooming units, and premises in order to safeguard the health, safety, morals and welfare of the occupants thereof or of the public. ACCESS The Building Inspector or his designated representatives shall have such right to enter a dwelling, dwelling unit, rooming house, rooming unit, or premises as is otherwise provided by law. INTERFERENCE W~fH BUILDING INSPECTOR Any person who, having granted access or admission to the Building Inspector or his designated representatives to any dwelling, dwelling unit, rooming house, rooming unit or premises for the purpose of an inspection, shall interfere with or hinder the Building Inspector or his designated representatives in the perform- ance of their duties under this Code shall be guilty of.a violation of this Code.. IDENTIFICATION OF INSPECTORS Inspectors and authorized personnel shall be supplied with official identification and, upon request, shall exhibit such identification when entering any dwelling, dwelling unit, rooming house, rooming unit, or premises. NOTICE OF VIOLATION Whenever the Building Inspector determines that there has been a violation, or thai there are reasonable grounds to believe that there has been a violation of any provision of this Code, he shall give notice of such violation or alleged t';on to the person or persons responsible for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time of not less than lO days nor more than 30 days for compliance, and shall be ser~,'ed upon the owner, agent, operator, or occupant, as the case may require. Such notice shall be dee~ned to be properly served upon him if a copy is served upon him personally, or if a copy thereof is sent by registered mail, return receipt requested, to the last known address of such person, and a copy is posted in a con- spi~uous place in or about the premises affected by the notice. Such notice shall be deemed sufficient if mailed to the owner of the premises affected by the notice at the address shown on the current tax assessment rolls of the Town of Southold. Such notice shall inform the person, to whom it is directed, of his right to apply fer a hearing before the Board of I-Iousing Appeals as provided in Section 901 of this Code. Such notice may contain an outline of remedial action which, if taken, wH~ effect compliance v~ith the provisions of the Code. PO~SrER TO ACT IN EMERGENCIES Whenever the Building Inspector finds that a violation of this Cede which, in his opinion requires immediate action to abate a direcl hazard, or immediate danger to the health or safety of the occupants of a building or of the public he may, with- ~.ut prior notice or hearing, issue an order citing the violation and directing that -- 16 § 806 § 8O7 such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate as provided in Section 1002. Notwithstand- ing any other provision of this Code. such an order shall be effective immediately upon service and shall be complied with immediately. ABATEMENT OF HAZARDS iN EMERGENCIES Whenever any violation of this Code, which in the opinion of the Building Inspec- tor, causes a direct hazard or immediate danger to the health and safety of the occupants of a building or the public, has not been corrected in the time specified by the order issued under Section 805 of this Code, the Building Inspector may take such direct action as is necessary to abate the hazard or danger. Expenses in- curred in the execution of such orders shall be recovered as provided in Section 807 of this Code. RECOVERY OF EXPENSES The expenses recurred pursuant to Section 306 of this Code shall be paid by the owner or occupan~ of the premises or by the person who caused such violation to exist as follows: (1) The Building inspector shall file among his records an affidavit stating with fairness and accuracy the items of expenses and the date of execution of actions authorized under Section 806 of this code. A copy of such affidavit ~hall be served upon the owner or occupant of the premises as provided ir~ Section 804 of this Code. - (2) Within ten days thereafter the owner, or occupant upon whom such affidavit has been served may file with the Board Of Housing appeals a written request for a hearing to contest any items of expenses set forth in the affidavit of the Build- lng Inspector. If such a request is not received within 10 days, the affidavit of the Building Inspector shall be final and binding upon the owner or occupant. The Board of Housing Appeals shall set the time and place for such hearing and shall give the applicant at least 10 days written notice thereo£. Such hearing shah com- mence not later than 30 days after the date on which the request was filed, how- ever, hearings may be postponed beyond such 30~day period for good and suffi- cient reason. (3) At such hearing, the applicant or his representative shall be given an opportunity to show cause why the items of expenses listed in the affidavit o4 the Building Inspector are not accurate. The Board of Housing Appeals may sus- tain or modify any items of expenses listed in said affidavit. (4) Upon the completion of all work under Section 806 of this Code, the Build- ing Inspector shall file among his records an affidavit fully stating all items of expenses incurred. A copy of the same shall 'be served upon the owner or oc~- pant as provided in Section 804 of this Code. ~ (5) The Building Inspector may institute an action to recover such expenses against any person liable therefor or may cause a report setting forth al/items of expenses incurred under Sectibn g06 ~ ~ ' ~ .... o~ ~hls ,~ode, to ~e ~fled w~th the Town Board of the Town of Southold. (6) The Towr~ Board, after a public hearing and notice to the owner or occupant of the premises, may cause the ~ o ~ ~t~m~ of expenses incurred pursuant ~o actions authorized by Section 806 of this Code to be assessed against the land un- 17 § 808 § 809 § 810 § 811 § 90O § 901 on which the building or structures are located. The said amount shall be report- ed to the Board of Assessors of the Town of Southold as an assessment to be includ- ed in the next succeeding assessment roll of the Town of Southold to be thereafter prepared. DEMOLITION AS COMPLIANCE Any o~vner of a building, receiving a notice of violation stating 'that such build- ing does not comply with the provisions of this Code, may demolish such build- ing, and such action shall be deemed compliance. REINSPECTION At the end of the period specified in the notice of violation, or any extension there- of, it shah be the duty of The Building Inspector m make or cause to be made a re- inspection of the dwelling, d~vdling unit, rooming house, rooming unit, or prem- ises. and if compliance has not been established, appropriate legal action shall be instituted. EXTENSION OF TIME FOR COMPLIANCE The Building inspector may extend the compliance time specified in any notice, or order, issued under the provisions of this Code where there is evidence of intent to comply within the time specified, and conditioFs exist which prevent im- mediate compliance. RECORDS AND SEARCHES All records of the Building Inspector shall be public. Upon request, the Building Inspector shall make a search and issue a certificate of any. records, including violation or the absence of any violations, upon payment of $1.00 for each page thereof. ARTtCLE IX Appeals BOARD OF HOUSING APPEALS The To~vn Board shall appoint a Board of Housing Appeals consisting of three members and shall designate its chairman. Of the members first appointed one shall hold office for a term of one year, one for a term of two years, and one for a term of three years from and after his appointment. Their successors shall be appointed for a term of three years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expira- tion of term, it shall be filled by the To~vn Board for the unexpired term. All meetings of such board shall be open to the public. Such board shall keep minutes of its proceedings and records of Rs hearings and other official actions. REQUEST FOR HEARING Any person affected by any notice of violation, issued in connection with the en- forcement of any provision of this Code, may request and shall be granted a hear- ing before the Board of Housing Appeals, provided that such person shall file, in the office of the Building Inspector, a written request for such hearing, within ten (10) days after service of a notice of violation, setting forth a brief statemem of the grounds therefor, designating the person and his address upon whom orders 18 (- ( § 9O2 § 903 § 904 §1000 may be served, and setting forth the reasons why such notice of violation should be modified or withdrawn. If such request is filed within ten (10) days after the service of notice of violation, compliance with such notice shall not be required while the hearing is pending, unless, in the opinion of the Building Inspector the violations specified in the notice cause a direct hazard or immediate danger to the health and safety of the occupants of a buitding or the general public. HEARING Upon receipt of a request for a hearing as provided in Section 901, the Building Inspector shall give written notice of the filing of the request for hearing with the Board of Housing Appeals, which board shall set a time and place for such hearing, and shall give the applicant at least ten (10) days written notice thereof. Such hearing shall commence not later than thirty (30) days after the date on which the request wasfiled; however, hearings may be postponed beyond such thirty (30) day period for good and sufficient reason. At such hearing, the appli- cant, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn. FINDING OF HEARING Afmr a hearing held in accordance with Section 902 of this Code, and on consid- eration of the evidence presented, the Board shall sustain, modify, or withdraw the notice. Where there are practical difficulties or unreasonable hardships in ~he literal enforcement of th~ provisions of this Code, the~Board shall have the power to authorize a variance from the ~rovisions of this Code, provided 'that the intent of the Code shall be observed, witl~ respect to safeguarding the public health and safety. RECORD OF HEARING The Board of Housing Appeals shall keep a summary of testimony and a copy of every relevant notice or order, the request for a hearing, entries of appearance, findings of fact. if any, and the final determination, and such record shall be main- tained as a public record. ARTICLE X Designation of Unfit Dwelling Units UNFIT DWELLING UNITS Any dwelling units, rooming house, or rooming unit, having any of the defects se~ forth in sub-sections (a), (b), (c) and (d) of this Section, may be designated by the Building Inspector as unfit for human habitation and may be so placarded. (a) The structure lacks illumination, ventilation, sanitation, heat, or other facilities adequate to protect the health and safety of the occupants or the public. (b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public. (c) The structure, because of the location, general conditions, state of the premises, or number of occupa~ts,.is so unsanitary, unsafe, overcrowded, or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (d) The structure, because of the failure of the owner or occupant to compt¥ with such notices or orders issued pursuant to this Code, is unfit for human hal~- itation. -- 19 §100! §1002 §t003 §1004 §1005 NOTICE OF INTENT TO VACATE Whenever the Building Inspector determines that a dwelling, dwelling unit, room- ing house, or rooming unit, is unfit for human habitation as provided in Section 1000, he may include such finding within the notice of violation provided for in Section 804 of this Code. He may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house, or rooming unit, if compliance with the provisions of the notice of violation is not secured within the time specified. ORDER TO VACATE VV'henever a notice of violation, as provided in Section 1001 of this Code, has not been complied with, the Building Inspector may order the dwelling, dwelling unit, rooming unit or rooming house to be vacated. A copy of such order to vacate shall be served on the occupant and owner, agent or operator, as provided in Sec- tion 804 of this Code. VACATING OF UNFIT DWELLING Any dwelling, dwelling unit. rooming house, or rooming unit, designated as unfit for human habitation pursuant to Section 1000 and ordered to be vacated as provid- ed in Section 1002 shall be vacated within such reasQnable time as the Building Inspector may specify in the order. No such dwelling, dwelling unit, rooming house, or rooming unit shall again be used for human habitation and placard re- moved until written approval is secured from the B{fitding Inspector. REMOVAL OF PLACARD No person shall deface or remove the placard from any dwelling, dwelling unit. rooming house, or rooming unit which has been designated as unfit for human habitation, except as provided in Section 1003. VACATED DWELLING MADE SECURE r ~ dwelling, dwelling unit, rooming house, or The owner, agent, or ope_a~or of any rooming unit which has been designated as unfit for human habitation and vacated, shall make such dwelling, dwelling unit, rooming house, or rooming unit, safe and secure in whatever manner the Building Inspector shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed a direct hazard or immediate danger to the health and safety of the general public. §1100 ARTICLE X! ]Penalties Every person who shall fail ~o comply with a notice or order within the time limit stated thereon or who shall violate any provision of this Code shall be guilty of an offense, and upon conviction shall be punished by. a fine of not more than five hmndred dollars ($500.00), or by imprisonment for not more than one (1) year. or both such fine and imprisonment. -- 2O (Please U~e this Form for Filing your Local Law with the Secretary of State) Text of law sbould be given as amended. Do not include matter being eliminated and do not use italicsor underlining to indicate new matter. ~C~-~ of ......Sau.tholcl .................................................................................................. 5deal [,aw No. 7 of the year 198.4.. ........ (bm~ tld~} Uniform Fire Prevention and Building Code. · Town Board Be ]t enacted the ............................................................................................... :. ......................................... of the '~"~ of Southold ................................................................................... as follows: The Code of the Town of Southold is hereby amended by adding a new chapter thereto, to be Chapter 25 to read as follows: Section 25-1. Title This chapter shall be known as the "Uniform Fire Prevent!on and Building_Code Administration and Enforcement Law." Section 25-2. 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 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 en¢orcement of the Uniform Code in the Town of Southo!d. Section 25-3. Admin!strative and Enforcing Officers. 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 provisions of this chapter. B. In addition to the Inspectors, as provided by subdivision A of this section, the Town Board may appoint one (1) Assistant Inspector for each of the fire districts in the Town who shall be recommended by the respect!ve 'Board of Fire Commissioners. Such Assistant inspectors shall serve for a term of one tl) year or at the pleasure of the Town Board. Assistant Inspectors shall serve without compensat!on, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties wi'~hin the appropriations made therefor by the Town Board. Such Ass!stant Inspectors shall not have enforcement powers, their duties bei:,~l limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. Section 25-15. Certificate of occupancy. At No buJ]dlng hereafter erected shall he used or occupied in whole or in ?art until a certificate of occupancy shall have been issued by the Building Inspector. No building hereafter enlarged, extended or altered, or upon which work has been performed wnich 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. Ce 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. The owner or his agent shall make appllcation 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 p~ofessJonal 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 p!an,s and, as erected, complies with the Unform Code and other laws governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. Section 25-16. Inspection prior to issuance of certificate. 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. There shall be maintained by the Building Inspector a record of all such examinations and inspections, together with a record of findings of vio!a~ions of the Uniform Code and other applicable laws. Section 25-17. Issuance of certificate of occupancy. When, after final inspection, it is found that the proposed work has been completed in accordance with the Uniform Code and other applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection wi*,h the issuance of the building permit, the Building Inspector, upon the payment of the fees specifiec~ in Section 100-144 of the Town Code, shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been proper!y completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the Uniform Code and other app!icable building regulations. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the Uniform Code and other applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. II. Section 25-18. Temporary certificate of occupancy. Upon request, and the payment of a fee of $15.00, 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 sha!! have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. Section 25-19. Tests. Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with 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. Section 25-20. Penalties for offenses; exceptions. It shall be unlawful for any person, form or corporation to construct, alter, repair, move, remove,, demolish, equip, use or occupy or maintain any building or structure or portion thereof in violation of any provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certif!cate of occupancy. - For each offense against any of the provisions of the Uniform 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 o~,ner, occupant, bu!lder, 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 of not exceeding five hundred dollars ($500.) or imprisonment for a period not to exceed fifteen (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 eighteen months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. Section 25-21. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent un!awfu~ construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent il',egal acts, conduct or business in or about any premises; and those remedies shah be in addition to the penalties prescribed in the preceding section. The Southold Town Fire Prevention Code, constituting Chapter 45 of the Southold Town Code, and the Housing Code of the Town of Southold, constituting Chapter 52 of the Southold Town Code are hereby repealed. This Ioca'. law shall take effect upon its filing with the Secretary of State. -7- {Comph,tc tim ~:crtificaLion inthe puragrnphwbieh npp~ies Lo he ,ff tbi~h~ca~ haw and 5trite out mattnr th~reia ~hich i5 not (~iaal adoption by I,cal legislative body only,) I hereby certify that thn local law annexed hnmto, dosignateu as loom law No ....... ~ .......... of I9.~.. of the City of Southold was duly passed by the ...... ~Owm..~ed .................................................. on ....... ~.~.~...~.~. ...................... 19..~B:. in acco~lanee with the applies'hie provisions of 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapprovttl.) I hereby certify that tile local law annexed hereto, desiffnatedas local law No ..................... of 19 ........ County City of the Towa of .................................. was duly passed by the .......................................................................... Village ' Name o .egislative Body) not disapproved on .................................................. 19 ........ and was approved by the repassed after disapproval Electfve Chief Executive Officer * and was deemed duly adopted on ........................................................ 19 ........ , 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 County ~of the City of ...................................... was duly passed by the Town ....... Village (N,me of Legislative Body) not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief Executive Officer on ...................................................................... 19.' ....... Such local law was submitted to the people by reason of a mandato~ permissive referendum,and received the affirmative vote of a majority of the ~alified electors voting general thereon at the special election held on ..................................................... 19 ........in accordance with the appli- cable provisions of law. 4o (~ubiect to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law anne'xed hereto, designated as local law No ................... of 19......]... County . . City of the Town of ............................. was duly passed by the ................................................................................ on Village (N~me of f.egialative }lody) not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after dl supproval E:h,,,tive Chi,./ }:aetuti~ ¢lftl,;t.r ~ .............................................................. 19 ......... Such local law bei,g subject to a permissive referendunf and no valid petition reqtmsting such referendum having been filed, said local law was deemed dui>, adopted on ...................................................................... 19 ........ , in accordance with the applicable provisious of law. *Elective Chief Executive Officer means or includea the chief executive officer of a county elected on a county-wide b~i.~ or, if the. re be none, the chairman of the county legL~lative body, the mayor of a city or village or the supervisur of a town, where such officer is vested with power to approve or veto local I,w~ or otdinanc~a. Page 2 (Cit> lc)cai ]a~ concerning Charter r..~ i:,i~)=t proposed I,y petition.) [ hr. rob> cert[~ )'.n~ th,' h)~ a[ [~- ..:;m'~ed hereto, de~ignnted as local ]awNo ..................... of ~9 ........ o[ the City of ..................................................................... h.~i~g been submitted to refereedum pursuant to the provisions of 37 O[* 111~ "tU[li~ il 'II Il,am [lu[e Law,m d Laving received the affirmative vote of a majority special of the qua[fried electors o[ such city voting thereon at the general election held on .................................. ................ 19 ............ became operative. 6. (County local law concerning adoption of Charter.} I hereby certify that the local law am~excd hereto, designated as Lo~al Law No ....... of 19 ...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ...i ....... 19 ...........pursuant to subdivisions 5 and ? of Section 33 of the Muni- cipal tlome 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 of a majority of the qualified electors of thc towns of said county considered as a unit voting at said general election, became operative, (It' any other authorized form o[ final adoption has been followed, please provide an appropriate ' certification.) ~ I further certify that l'have compared the preceding local lad with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner ind!cated in paragraph .......... 1 ................. above. the County legislauve b~, dy, City, To~:~or Villagz Cl~k or oflice~ designated by Ioctl legislative body Date: July 18, 198t~ Judith T. Terry, Town Clerk (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney o[ locality,) STATE OF NE-~¥ YORK COUNTY OF ..~3:.U...F...F..Q.k,K ........................... [, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had ov taken for tl~e enactmeot of tile local law annexed hereto. Robert W asker T .... ,.T ..... -....q~g.~ ~q~0~y ......... Date: July 1~ 198~ ~,.Cuun'~'" .... ~ of Southold Page 3 p. LOMEN Z,- STATE OF HEW YORK DEPARTMENT OF STATE '16'2 WASHINGTON AVENUE ALBANY, NEW YORK '12225 JOHN J. GHEZ~I :~obert ~ . Ta~ker Town it :~crnev /,25 ?aim Street ©reenport~ Y. ~. Dear Sir: of 1767 of the wae received and filed on Please be advised that Local Law No. ~nmbrr 1/, 1967 We enclose herewith additional forms for the filing of local laws for your future use. Very truly yours, JOHN P. LOM£NZO Secretary of State Thomas W. Wallace, Director Election and Law BureaU cc: $~te Comptroller Division of Municipal Affairs EZ-90(1,/6v) DEPARTM!Er~'T C)F STATE 162 WASNII'i~;TI)N AVENUE ALBANY, h [!W "CRK 12225 Dear Sir= of was received and filed on __ Please be advised uhat Local Law ),[7 of the . .i'nwn cf S(.~±I ,~ q~¥er 1.', local We enclose herewith add!Ltional forms for the filing la/~s for your futur,~ use.. Very uruly yours, JOHN P. LOMENZO Secreuar¥ of State By: Thomas W. Wallace, Director Election and Law Bureau cc~ State Comptroller Division of Municipal At[airs EL-90(1,,67) fhe 8th day o Law No. 1 of "A local law , code for the Said local la~ actment of a and uniform si condition, otc ante of reside~ tablishes teas, the safety, hca occupants vides requiren cupancy, size, of residential structural req and interior 1; provides for fi provides requ to plumbing, system; impo.~ compliance wi residential p~ of said Code to a Board provides for dwelling unit: habitation an~ fo be vacatf fines or impx violation of s: Copies of s~ able at the of t~ any intel business hour ~ August, 1967, Local :he year 1967 entitled ~stablishing a housing Town of Southold." provides for the en- .~ode to provide basic mdards governing the ipancy and mainten- tial premises, and es- n~ble safeguards for Lth and welfare of the users thereof; pro- ents in respect to oc- light and ventilation~ )remises; provides for lirements for exterior mtection of premises; 'e safety requirements; rem~nts with respect aeating and electrical -~s responsibilities for :h said Code upon the ors and occupants of cruises; provides for at and administration~ provides for appeals! of Housing Appeals; ! fhe designation o£i as unfit for human : a~th~z~s the sameI d; ~nd provides for[ [sonment or both, for id Code. ~h local. Iai,, .~-e avail- [ :ice of the Town Clerk asted persons during COUNTY OF SUFFOLK, ] STATE OF NEW YORK, } ss: ...~.~:. ~.~ .~; lX~t~ ~<~.~.-~.' . , .~:-.~ ~.cf.~ ..... ~ing duly Sworn, says that . .~ . is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a newsier publish~ at Greenport, in ~id county; and ~at the noti~, ,of which the ,anne~d is ~ ~int~ ~py, has ~en published in t'he ~d Suffolk Week~ Times once in each w~k, f~r ......... ~.~ ............ w~k~ suc~ssiv~ly ~mmencing on ~e ...~ ~ .............. d~ of ~ ~"-~ ~ 19 ~~. } ........ .... ........ ...... ...... ~REF~, ~suant to law, ~e Town Boa~ of the Town of ~uth~ old will ~01d a public h~rit~ o~~ ': ...... ' the ~aid local law at the Suer; ...... ', ,: ': vi~r's ohio, 16 ~uth ~t, ' · ' G~po~, New York~ on the 7~ . ~ - , :" day of ~tember, 1967, at 7:~0 ........ '~ ~7 o'~ P. M., at ~ieh lime all. per- ] ~ns in~s~d wi~ be heard. Dat~: Aunt 8, 1967, ~T W. RI~HM~D Town Clerk ltS1 NOTICE OF :PUPA,i¢ HEARING ON lOCAL LAW PUBLIC ~t'FICi i:, hereby given Town Board of the Town of South- old, Suflolk County, New ¥ork~ on the 8th day of August, 1967, Local Law No. 1 of the year 1967 entitled "A local law establishing a housing code for the Town of Southold.' Said local law provides for the en- actment of a Code to provide basic l and uniform standards governing the condRlon, occupancy and mamten-I once of residential premises, and es- t tabli#hes reasonable safeguards forI the safety, health and welfare of the rides requirements in respect to oc- cupancy, size, light and ventilation of residantial premises; provides for and inte~'ior protection of premises;! pr( vdes for fire safety requirement's; to ;dumbit~g, heating :and electrical comp[ianc~ with said (7ode upon the ' residential pr 'es; provides for i the enforcemeu and administration of said Code; provides for appeals to a Board of Housing Appeal~ provides for t~he designation o~ dwelling units unfit for humaa habitation and horizes the same to be vacated; and provides for fines or imprisonment, or both, for violation of said Code. Copies of such ioeal law are avail- able at the office of the Town Clerk to any J, nterested persons during THEREFORE, pursuant to law, the Town Boa~ of the Town of South- old will 'hold a public hearing on the aforesaid local law' at the Super- visor's office, 16 South Street, Greenport, ~qew York, on the 7th day of September, 1967, at 7:30 o'clock P. M., at which time all persons in- terested will be heard. I Dated: Augn~t 8, 1967. ALBERT W. BICHMOND COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: , I ~ Cc ~ ~--L ~- c being duly Sworn, says that .. l~.~-:: · , is Printer and Publishe~ of the SUFFOLK ~EEKLY TIMES. a newsier pubiish~ county~ and ~at the noti~, ,of which the a~e~ is ~ ~int~ copy. has ~en published in the ~d Suffolk W~k~ Times oace in each w~k, ~or ...... ~ ;~ ~ ~ ............... wee~ suc~ssively oommencing on the . .--~ d~ of ... S~m to ~f~e me this SMITH, TASKER, ~INKELSTEIN AND LUNDBERG ATTORNEYS AND COIYNSELORS AT LA~V August 9, 1967 Hon. Albert W. Richmond Clerk of the Town of Southold Main Road Southold, New York Re: Public Hearing on Local Law No. 1 - 1967 Proposed Housing Code Dear Albert: Enclosed herewith are three copies of the proposed housing code, upon which the Town Board will hold a public hearing on September 7, 1967. I have sent notices of the hearing to the two newspapers and the notice will appear in the papers next week. It is required that copies of the proposed local law be in your office in order that interested persons might examine the same. It may well be that some persons wish to take a copy with them. If this is the case, I believe that it will be neces- sary for you to make additional photostatic copies for this purpose. In any event, I would not permit all of lhe copies to leave your office. Also enclosed herewith is a notice of hearing which should be posted on the Town Clerk's bulletin board on or about Thursday~ August 17th. If you have any questions with respect to this matter, please call me. Yours very truly, RWT:JM Enclosures ROBERT W. TASKER STATE OF NEW YORK: COUNTY OF SUFFOLK: SS ALBERT W. RICHMOND, of Southold, Town of Southold, New York, being duly sworn, says that he is over the age of twenty- one years; that on the _ /(~'~of _~~, 196f he 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: ~ Southold Town Clerk Bulletin Board Southold L.I. Sworn to before me this __ /o- day of ~, 1967. Albert W. Richm~d,~Tow~ Clerk Town of Southold otary Public // pEE~E?NID, 6 SeDt, The Tov,~ Hall Sout]~ ...... , - - . , ~ "', ;,s stron~ly .-~ .... TOWN BOARD MINUTES September 7, 1967 PRESENT: SUPERVISOR LESTER M. ALBERTSON JUSTICE 9~?.PH TUTHILL JUSTICE HENRY CLARK COUNCILMAN LOUIS DEMAREST COUNCILMAN HOWARD VALENTINE TOWN ATTORNEY ROBERT W. TASKER TOWN CLERK ALBERT W RICHMOND Local Law ~ 1 of the year 1967 Housinq Code -2- SUPERVISOR ALBERTSON: We will open the hearing at this time by reading the legal notice of hearing. "NOTICE OF PUBLIC HEARING ON LOCAL LAW "PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of August 1967, Local Law No. 1 of the year 1967 entitled 'A local law establishing a housing code for the Town of Southold'. Said local law provides for the enactment of a Code to provide basic and uniform standards governing the condition, occupancy and maintenance of residential premises, and establishes reasonable safeguards for the safety, health and welfare of the occupants and uselrs thereof; provides requirements in respect to occupancy, size, light and ventillation of residential premises; provides for structuzal requirements for exterior and interior protection of premises; provides for the fire safety requirements; provides requirements with respect to plumbing, heating, and electrical systems; imposes responsibilities for compliance with said Code upon the owners, operators and occupants of residential premises; provides for the enforcement and administration of said Code; provides for appeals to a Board of Housing Appeals; provides for the designation of dwelling units as unfit for human habitation and authorizes the same to be vacated; and provides for fines or imprisonment or both for violation of said Code. -3- "Copies of such local law are available at the Office of the Town Clerk to any interested persons during business hoursy "THEREFORE, pursuant to law, the Town Board of the Town of Southold will hold a public hearing on the aforesaid local law at The Sup~rvisor's Office, 16 South Street, Greenport, New York, on the ~th day of September, 1967, at 7:30 o'clock P.M., at which time all per,sons interested will be heard. "D~ted: August 8, 1967, A?.RERT W. RICHMOND, Town Clerk." S~PERVISOR ALBERTSON: I have the proofs of publication from the Long Island Traveler-Mattituck Watchman, and the Suffolk Weekly Times. (affidavits of publication were read.) SUPERVISOR ALBERTSON: This local law as you all know is very lenghty. It is 38 pages in lenght. If anybody wants sections of it read I will do it. If you want the whole thing read it will take about an hour. Some people may be wondering why the thought of a local law It is a regulation. Nobody likes regulations. There are a few basic reasons why this is necessary. You do find r~quired bv over-cr~owding of dwellings. The housing code is/tMe New YOrk State Housing authority in receiving Federal and State Funds for any project that is State financed. The Planning Consultants working with the Town of Southold and the Village of Greenport have advised that we should have a hou~ng code in the Town of Southold and this is their recommendation. Another reason~or the welfare. The Suffolk County Department of Welfare has recommended the enactment of a housing code. -4- SUPERVISOR ALBERTSON: Under Section 143-B of the New York State Social Welfare Law, it prohibits the payment of rent in any building where a ~iolation of the housing code exist. In our Town we don't have any law to cover this. The only thing that anyone renting to the welfare department has to comply with at this time is the sanitary part of it. And that is the Health Law. As far as the condition of the house is concerned, we have no requirements to cover this. Many Towns have found that they need a housing code. As they grow they are bound to have these things ahead of them. I have one letter here that I will read and then I will open the hearing. "6 September 67, The Southold Town Board, Town Hall, South Street, Greenport, New York "Re: Proposed Housing Code "Gentlemen: "We wish to go on record as strongly favoring the adoption of the Housing Code as proposed into the Town's Law. Owing to another imporRant commitment that prevents us from attending the hearing on September 7, we write this letter to record our opinion. "This law should give the Town authorities a much needed tool to control the quality of its housing, particularly of the sub-standard, high rent type. If administered with efficiency and understanding under the regulations it should not put enough of burden on the Town or individuals to outweigh the advantages to be gained. "Sincerely yours, /s/ Edwin M. Prellwitz, /s/ Eunice B. Prellwitz." -5- SUPERVISOR ALBERTSON: At this time I would like to hear from those who are in favor of this housing code for the Town of Southold. As you speak would you please ri~e and give your name to the secretary who is taking this meeting down Yet batim. One more thing I would like to say. The Chamber of Comme~ce Action Committee are very interested in this and they have sent out flyers and I am happy that they did. In this flyer it stated this is a housing code for the Town of Southold and ~e Village of Greenport. The one tonight is for the Town of Southold. The Village of Greenport has indicated that they would ~0 this in the future. I assume the village of Green- port will be soon to follow with a housing code that will be similiar to ours. SARUEL KATZ: My name is Samuel Katz. I am very much in favor of this housing code for the Town of Southold. It is a giant step in the right direction for the Town of Southold. CHAUNCY HULSE~ I am president of the Greenport Southold Chamber of Commerce. As you earlier stated we have sent flyers supporting this thing. I would like to go on record as favoring this law, and would like to see this put into effect. MR. SCHWARTING: I am in favor of this. This is long overdue. We have no control over building other than what the zoning states and the restrictions from the Board of Health. We need this to clean up the Town and I hope the Village of Greenport goes along with this and the Town of Southold and clean up the slum areas in Southold and Greenport. I read this code and its very good except for a few exceptions that I will talk on later. -6- SUPERVISOR ALBERTSON: Thank you. wishes to speak in WILLIAM PRICE: of thid Code. HAROLD SMITH: Is there anyone else who favor of this code? I would like to go on record as being in favor I live in Southold. I believe that the Board is to be Congradulated for their fo~ight and courage in proposing this code. The objective is very desireable. The code is well designed to obtain that objective. like to make later. CALVIN PE~ERSON: I am in favor of this proposal. Does the Town have to have the housing code in order for the Village of Greenport to have it~ SUPERVISOR ALBERTSON: No, The Town could do it first or the Village could do it first. CALVIN PETERSON: Will the Village adopt the same one? I will have some suggestions that I would it does not. It is entirely separate. SUPERVISOR ALBERTSON: I hope so. MAYOR ARTHUR LEVINE: In answer to Mr. area. It is Town has obmitted. Peterson's question, there is a building code. There is no existing State Housing Code. There is a model housing code put out by the State of New York. We are two or three weeks behind going over the sections that the Town has drafted because of the slight difference in the type of populated Greenport is rural-urban, and the Town is rural-Agriculture. necessary to keep certain sections of the mo~el code that the Basid~ly we are following the same line. -7- When the two codes are finally adopted, which I hope will be done with no objection, there will be no objection behind the housing code and the enforcement of such in the Village and The Town. MR. : I am in favor of this code. I have been in the construction business for 30 years. I am against builders coming in here and doing as they please. I feel that there has to be some rules and regulations. SUPERVISOR ALBERTSON: You are talking about a building code. C.E. CRABS: I am in favor of a housing code. I have one question. How are you going to police this housing code. To what extend can this Board or the head man on the welfare board tell this group what he intends to do on this. What can be done to police this thing to make it effective and not make it just a gesture? SUPERVISOR ALBERTSON: That is a good question. This local law provides for enforcement which we intend~o do. If this is too much for the Building Inspector we can hire additional personnel to assist him. We don't intend to put this in the book to keep the dust off the shelf. CALVIN PETERSON: What provisions do you have that the Welfare Department will controll what goes on in our community? We have ha~: an interest in the welfare people in this area and assuming that we have a code what are you. prepared to tell us about the welfare? -8- SUPERVISOR ALBERTSON: I have something. We now have welfare people who are in the head department of the County Welfare Del~rtment that come down here and inspect the homes they are paying rent for. These homes must comply with regulations that are effective in the area. We don't have any requirements right now. When we have the regulations the Welfare Department will not pay rent on any houses that Me in violation of these regulations. MR. REG HUDSON: I am in favor of a housing code. It should be both for the Village and the Town and not passed back and forth. They should work together as one unit. SUPERVISOR ALBERTSON: Whether we are working as a unit or not, if the Village of Greenport proceeds with the housing code, and I hope they do adopt it, I see no reason why they can't work together. I hope they will. There is no reason why they can't work toge%her. We can't pay an inspector to inspect a house in the Village, nor the other way around. MRS. GAIL: I am connected with CAST and head start program. We are very much in favor of this housing code being passed. I hope that it will be enforced rigidly. SUPERVISOR ALBERTSON: Thank yQu. wishes to be haard in JAMES J. MARTIN: passed and enacted. If there anyone else who favor of this Code? I am in favor of the housing code being -9- ALICE HULSE: When Mr. Levine mentioned the fact that the Village of Greenport itself is more populated, Mr. Levine don't you live on the border line of the Village of Greenport? SUPERVISOR ALBERTSON: We can't permit this type of conversation. ALICE HULSE: There are alot of things that are in Southold Town. Where is the border line on the other end? SUPERVISOR ALBERTSON: Bridge Street. We don't like to separate the Village and the Town. MAYOR LEVINE: Our housing code will be slightly more restrictive th~athe Town's code if it is passed. MR. RAFT: I just wish to be heard in favor of this code. MR. BURROUGHS: I would like to express myself in favor of this code. REV. BRYANT: Last night i attended a meeting in Riverhead on Doctor's Path housing program and what took place with the tenants and local government. Supervisor Vojvoda is in favor of this housing code for his Town. This will be an advantage to the landlord and the tenant. It should be a good thing for the community. SUPERVISOR ALBERTSON: Thank you Mr. Bryant. Is there anyone else who wishes to be heard in favor of this Code2 RUTH ROSEN-BERG: I live on Town Harbor Lane in Southold. I am very muCh i~/favor of this. In the Town of Riverhead the Leaque of Woman Vo,ters have been very interested in this and are very much in favor of it. -10- CALVIN PETERSON: DO you think it would be worthwhile to have a shown of hands of those in favor of the housing code? SUPERVISOR ALBERTSON: WE Could. (All those in favor of the housing code indicated so by showing of hands.) DANIEL SMITH: I am not objecting to the housing code. I would like to ask a couple of questions. First, do you have any idea of the cost if we are going to say yes on this. Any idea of the cost there? Second, if this is affecting every existing house in the Town, supposing I want to sell my house. I make a deal to sell my house. Does the attorney representing the buyer require that I get an okay from the Housing Code inspector before I would be able to sell my house? R~BERT TASKER, ESQ.: with respect to Zoning. to all the laws. of the laws. DANIEL SMITH: It is He might. We have the same situation ~any people want to know if it complies not unusual to ask that it compl4es with all Every house sold would have to be inspected , if the attorney requested it. ROBERT TASKER, ESQ.: Not necessarily. All he would need is a certificate from the inspector that there is no violation. SUPERVISOR ALBERTSON: About the cost, I think we could go along these lines when and if this is passed. We would see what the work load would amount to as far as inspection is concerned. If it is too much for the Inspector we would give him some clerical hel~. -11- not sick code. If it becomes too much for this we might hire another building inspector. As far as the cost we are talking $3,000.00 a year. It isn't any great expense. CALVIN PETERSON: I am getting confused on this inspector for the Town and the inspector for the Village. The welfare department would send down the persons to find out if the welfare recipients are getting a good deal. If this is the case what is in there to say we have this Town inspector and Village Inspector. If we can't see eye to eye on this what will we do? SUPERVISOR ALBERTSON: This local law does not only apply to houses of welfare recipients. The law will involve all the other houses that might be in violation. That is why we need an inspector for the Town. MR. GETO~F: I would like to speak in opposition in the sense the proposed code does not go far enough. I appreciate that you got this code on the State model. I would like to add something to that State model. It says for the protection, the safety, health and welfare of the people. It limits the ~eople. It does mention the old age home, the migrant worker in camps, the and nursing home. The migrant needs the protection of this SUPERVISOR ALBERTSON: Let me anser that this way. We have laws that control labor camps, old age homes and nursing homes. These people are periodically inspected by the State. MR. GETOFF: With the same standards as this code? SUPERVISOR ALBERTSON: They are more stringent. MR. GETOFF: Not for the labor camp. SUPERVISOR ALBERTSON: No. MR. REG HUDSON: Is this going to be published in the paper so that people will know what is going on? SUPERVISOR ALBERTSON: We have printed up about 50 copies of copies this law. I have seven or eight/left. The Long Island Traveler has printed a good deal of the meat of this law. to print more copies we can do it. If it is necessary HAROLD SMITH: I appreciate the legisla~ on of this law. I would to refer to certain provisions that should be cut by the Board. like The possible hardship of any people living in such a ciwell~g. Whether it will carry such hardship or not I don't know. We have in the Zoning Ordinance provisions for non-conforming uses. There is no such provision here nor is it appropriate here. There are going to be many houses in which people are living unsafely. There are those that will not comply to the requirments relating to floor space. You will know if they do. In Section 203 it limits the number of occupants in floor area. Section 206 lists the minimum size for rooms. There are houses that do not comply with these requirements. These people will have to vacate the house or remodel. -13- SUPERVISOR ALBERTSON: We are well aware of the fact that there are many houses bring~u~ four or five fine healthy children even though the house may not comply with all the provisions of this law. If we tryed to put up this Ordinance to fit every home we would have no Ordinance. That is why we have the Housing Board of Appeals where this becomes a problem. This is not written for the people who are taken care of their children in this way. HAROLD SMITH: I take it that the Board of Appeals will relate cases of hardship. Another provision that caught my attention and which may be a minor thing, Section 302, exterior protection, which requires that foundation walls shall be maintained so as to be structurally sound and to prevent entranee of moisture, termites and vermin. If one is living in a house that has been found notre water proof or termite proof, there is very little he can do about it. SUPERVISOR ALBERTSON: We don't want to have homes that are rodent infested. HAROLD SMITH: Section 504, part (c), waste which may be deleterious to surface or subsurface waters, shall not be discharged into the ground or into a waterway unless it has first been rendered harmless through subjection to treatment in conformity with generally accepted standards. a great many people discharge sewage that does ground. Is there a variance under it provides sewage or other I would think that unfill into the this provision? -14- gets into bay. SUPERVISOR ALBERTSON: We have people in Southold Town where some houses run raw sewage into the water. We all have grease traps and sewers but it is filtered through the sand before it the ground water. Some people run it right out into the Anyone else wish to be heard ~ne way or the other? MR. SCRWARTING: I take it you wrote this practically verbatim from the Model State Housing Code and eliminated some of the material you didn't want. S~PERVISOR ALBERTSON: To give you an idea, one of the State of New York's requirements was that a building must have a ceiling of seven feet six inches. Many houses were built 150 years ago when the height of the ceiling was 7 feet. We changed it to six feet eleven inches. This is one of the things that was recommended and there are others. MR. SCHWARTING: In case of public space. They define public space on page 6 and page 10. It states six feet 10 inches ~m from floor to ceiling. That is a very low ceiling. The standard c~uling is eight feet high. SUPERVISOR ALBERTSON: We are covering every house in the of Southold. MR. SCHWARTING: Will this pertain to future structures? SUPERVISOR ALBERTSON: This is a hQusing code. You can not inches overhead. You can build to 12 if you want to, but you can't build less that six feet 10 inches. build less that six feet 10 feet -15- SCHWARTING: That seems to be a very low ceiling. If you 10 inches build a building 60 feet by 100 feet and put a six foot, ceiling in it, it will be very low. SUPERVISOR ALBERTSON:, I think you are picking fly specks out of pepper. MR. SCRWARTING: In Section 107, Building Code and other laws. If this State Building Construction Code, what in the State Code. Do you have to comply with the State Code? SUPERVISOR ALBERTSON: That is so you don't have floors that dangerous. it refers to the New York State code conflicts with the is in this code that is not So that you can't fall through. The owner is asked If he puts in the same timber that is required this will be proper. are to repair the floor. by the Building ~ode, REG HUDSON: This is reasonable. so that amendments can be made later. this housing code be adopted. You have made requirements If it is in order I move that SUPERVISOR ALBERTSON: Thank you Mr. Hudson, however a motion is not in order. REG HUDSON: What is the procedure now2 SUPERVISOR ALBERTSON: After this hearing it is up to the Town Board tO pass it or not pass it. We will go over it again. Is there anyone else who wishes to be heard one way or the other? -16- PAULINE MCCONALD: I would like~o know why trailers are excepted from this Code. SUPERVISOR ALBERTSON: We have a trailer Ordinance. Is there anything further, one way or the other? (There was no response.) SUPERVISOR ALBERTSON: Hearing none, we will close the hearing at this time for the further deliberation of the Board. Thank you all for coming. NO ICE OF PUBLIC HEATLOG ~ ON LOCAL LAW PUBfl$I(IC NOTICE is hereby given that t~ere has been presented to the Town Board of the Town of Southold, Suffolk:~County, New York. on the 8th day of August 1~67, local Law NO. 1 1967 entitled "A local !avz a housing code for the Southold.' Said local law for the enactment of a Code basic and uniform standards ~ the condition, cccupancy and of residential premises, reasonable safety, health and welfare of and users thereof; pro~ ent~ in respect to ac-I Size, light and~entilatton of tl premises; provides for [ requirements for exterior rior protection of premises; for fire safety requirements; requirements with respect to heating and electrical eye- responsibilities for cam- with said Code upon the own-, and occupants of reel- provides for the eh- and administration of said for appeals to a Board Appeals; provides for the of dwelling units as unfit habitation and authorlses to be vacated; and provides or imprisonment, or both, of such local law are avail- office of the Town Clerk interested persons during busl-, pursuant to law, tile the Town of Southold hearing on the law, at the Supervlser'eI 6 South Street, Oreenpo~t, New the 7th day of September, I967, a~ o'clock P. M., at which i time ~11 persons k~l will be ! Da~ed: 'August S. i9a7 Town Clerk COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ....... ..~..<~.~..~..(..~/~.... weel~ successively, commencing on the ........... ~./.~..~-~.." .......... day of ...... ~7~.,....~.., 19~,f.~. Sworn to before me this ....... .7/~... day of NOTICI PUBLIC that there Town Boa: Suffolk Cc day of Au ~of the ye~ I establishin Town of provides f to provide governing maintenar and estab for the s~ the occup rides req~ cupancy, ~ residentl~ structural and intel provides provides plumbing ]to OF PUBLIIC HEARING NOTICE is hereby given has been presented to the[ d of the Town of Southold, mty, New York, on the ~th Southold~ Said local law, ,r the enactment of a basic and uniform standards the condition, occupancy and ce of residential premises, lshes reasonable safeguardsI fety, health and welfare of ~ts and users thereof; pro- lrements in respect to oc- ize, light and ventilation ofi premises; provides for requirements for exterior ~or protection of premlses;~ or fire safety requirements; Ii equirements with respect to~ heating and electrical sys- vses responsibilities for Ih said Code upon the own- bors and occupants of resi- ~mises; provides for the eh- .and administration of said ~ides for appeals to a Board Appeals; provides for the of dwelling units as unfit h~bitatidn and authorizes be vacated; and provides or imprisonment, or both, on of said Code. )f such local law~ are avail~ m office of the Town Clerk persons during busi- pursuant to law, the of the Town of SoutholdI a public hearing on the a-~ law at the Supervisoc's Street, Greenport, New 7th day of September, ~:30 o'clock P. M.,'at which' ~ersons lnberezted will 8, 196'/ I~,IOI-I~EOIID COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-FITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zroveler-Mattituck Watch- :': ~ (// man once each week for ........ (~',./,c..~..~.~,....~../...,Z.. week/~ successively, commenc ng on the ............. f..., ..................... doyof ....... Sworn to before me this ....... .~:~.?..' ....... day of ........ ............. ~ W. BXCISMGt~), of Soue. hold0 ~ of ~out:hoLd, %'~"~Y~81 ,~,,h~ Off ~ 17th Of August he mff'J~ m no~.lee of ~ieh P-.he Southold Town Clerk Bulletin Board Alber~ W. m~. ,mom Teem of ~d Sworn ~0 boforo nm ~hio , ,17t~, ~BF Of A,~ust , L~67. Term Expires ~arch 30, 19~