HomeMy WebLinkAboutLL-1982 #01LOCAL LAW NO. 1. 1982
A Local Law to amend the Housing Code of the Town of Southold (Chapter 52)
relation to Portable Kerosene Heaters.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 52 of the Code of the Town of Southold is hereby amended as
follows:
1. By amending Section 52-53 (Heating) by adding thereto a new subdivision
to read as follows:
Approved Portable Kerosene Heaters. Notwithstanding any other
provisions of this Chapter, approved portable kerosene healers,
as defined in Article 7-A of the Real Property Law, are permitted
provided that such heaters comply with the provisions of such law.
2. This Local Law shall take effect immediately.
Dear Sir/Madam:
~a~ch ZJ,. I~oZ
Please be advised that Lo~cal L~.w (s) No.
of ]98~ of the Town of S0ut~0]~
was/were receivea and filed on March 16,
Additional forms for filing local laws with this office will be
forwarded upon request.
BSF/bh
Sincerely yoLlrs,
~uper-?iscr of ~Sscellaneous ,t
State Records
STATE ~.~CO..~DS & LA~.~ ~uRF. AU
Robert Tasker, Town Attorney
Town of Southold
425 Main St.
Greenport, N. Y. llgQ4
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new mat~¢r.
£J~x . Southold
Town oI .......................................................................................................................... ·
Local Law ~ .......................................................... ~ t~ ~ ~ ...........
A local law to amend the Housing Code of the Town of Southold in relation to Portable
Kerosene Heaters.
Be it enacted by the Town t~oard of
(Nime o~ Le~isletive Bed~)
~itX Southold
of ............................................................................................................................................................ as follows:
Town
1.' By amending Section 52-53 (Heating) by adding thereto a new subdivision
to read as follows:
Approved Portable Kerosene Heaters. Notwithstanding any other pro-
visions of this Chapter, approved portable kerosene heaters, as defined
in Article 7-A of the Real Property Law, are permitted provided that
such heaters comply with the prdvisions of such law.
2. This Local Law shall take effect immediately.
additional space is needed, please attach sheets of the same s~ze' as this and number each)~
(Camplete the certification ia the paragraph whleh applies to the filing of this local taw and ~striko out the
matter therein which is not applicable,)
(Final adoption hy Meal legislative body Onl
I hereby certify that the local law annexed hereto, desigaated as local law No ...... .1. ........... of 19_.8...2..
of
~o~w~n of......~9...u.,t.~O.l,_d. ............. was duly passed by the ..... .To.w. I1..~a~.d ...............................................
the
~,~ (Name of Legislative Body)
on ..... ...M.~.a...xT..~h..P~ ................... 19_.8.2.. in accordance with the applicable provisions of law,-
(Pas.'.agc by local legislatiw: body with approval or no disapproval by Elective Chief Executive Officer
or repassage a£ter disapproval,)
I hereby certify that the local taw annexed hereto, designatedas local law No ..................... of 1_9 ........
Couniy
City
of the Town of ...................................... was duly passed by the ..................................................................................
Vii 1 age (Name of Legislative B~dy)
not disapproved
on .................................................. 19 .... and was approved by the ........................................................
repassed after disapproval Elee*i,te Chief Igxecuti,~e Officer *
and was deemed duly adopted on ........................................................ 19 .........in accordance with the applicable
provisions of law.
{Final adaption hy referendum.)
I herebycertify that the local law annexed hereto, designated as local law No ................... of 19. .........
County
of the City of ...................................... was duly passed by the ......................................................................................
Towll (Name of Leglslalive Body)
Village
not disapproved
on ................................................... 19 ........ nnd was approved by the ...............................................................
repassed after disapproval Elective Chief ~xecutive Officer ~r
on .................................................................. 19. ........ Such local law was submitted to the people by reason of a
niaa(latot3~
· · referendum,and received the affirmative vote of a majority of the qualified electors voting
pernllss1ve
general
thereon at the special election held on ................................ i ..................... -19 ......... m accordance with the appli-
annual
cable provisions of law.
(Subject to permtssive referendum,and final adoption because no valid petition filed requesting
refereadum.)
I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. .........
County
City
of the Town of ...................................... was duty passed by the ................................................................................ on
(Name of Legislative Body)
Village
not disapproved
...................................................... 19 ........ and was approved by the ......................................................... on
repassed after disapproval Elective Chief Executiw Officer ',~
.............................................................. 19 ......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
.................................................................. 19 ........ , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or indude~ the chief e. xeeuttve officer of a county elected on a county. Mdc bash
or, if there be none, the chairman of the county legiMative body, the mayor of a city or village or the supervisor of a tmon,
wher~such~ffieer is vested with power to ~pprove or,~eto local la~ or oixlihances~
Page 2
5o
f
(City local law concerning Charter re~isiou proposed by petition.l
t hereby certit'y that thc tocat 1~,~' annexed hereto, designated as local law No ..................... of 19 ........
of the City of .......................................................................... havhig been submitted to referendum pursuant to the
p. rovisioas of 37 of tim ,mmmpat tloine Rule Law, and having received the affirmative vote of a majority
. special
of the qua!ified electors of such city voting thereon at me general election held on ..................................
................ 19 ............ became operative.
6. (County local law con cerning adoption of Charter.~
I hereby certify that the local law annexed hereto: designated as Local Law No ....... of 19 ...... of the
County of ......................................... St:rte of New York, having been submitted to the Electors at the
General Election of November ........... 19 .......... , pursuant to s[lbdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
cert i fication. I
~ I further certify that I have compared the preceding focal law 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 indicated in paragraph ......... .1.. ................ above.
Date: March 11. 1982
officer designated by local legislative body
,Judith T. Terry, Southold Town Clerk
(Seal)
(Certification to he executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ......S...U...F..~...O...L....K.. .....................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Date:
March 11, 1982
Siamtm~e,
Rober~ .W.. ~asker, Town Attorney
Title
~t~F _f Southold
Town o ......................................................
PUBLIC HEARING
SOUTHOLD TOWN BOARD
FEBRUARY 23, 1982
IN THE MATTER OF A PROPOSED LOCAL LAW, ENTITLED, "A LOCAL LAW TO
AMEND THE HOUSING CODE OF THE TOWN OF SOUTHOLD (CHAPTER 52) IN
RELATION TO PORTABLE KEROSENE HEATERS", 3:30 P.M., FEBRUARY 23~ 1982.
Present:
Supervisor William R. Pell, III
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
, ,'"',
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR PELL: The f~rst hearing today iS-tailed to order and
will be read by Councilman Townsend on a Local Law to amend the
Housing Code of the Town of Southold, Chapter 52.
COUNCIL~N TOWNSEhrD: The £ollowing not~ce appeared in the Suffolk
Times on February 9th, 1982: "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 9th day of February~ 1982, a Local
Law, entitled, "A Local Law to amend the Housing Code of the Town
of Southold (Chapter 52) in relation to Portable Kerosene Heaters".
Said· Local Law reads as follows:
Chapter 52 of the Code of the Town of Southold is hereby
amended as follows:
1. By amending Section 52-53 (Heating) by adding thereto a
new subdivision J, to read as follows:
J. Approved Portable·Kerosene Heaters~ Notwith-
standing any other provisions of this Chapter,
approved portable kerosene heaters, as de£ined
in Article 7-A of the Real Property Law, are
permitted provided that such heaters comply with
the provisions of such law.
2. This Local Law shall take effect immediately.
Copies of said Local Law are available at the Office of the
Town Clerk to any interested persons during bus~ness hours.
Notice is further given that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at
the Southold Town Hall, Main Road, Southold, New York, on the 23rd
dam of February, 1982, at 3:30 o'clock P.M., at which time all
interested persons will be heard.
Dated: February 9, 1982, By Order of the Southold Town Board,
Judith T. Terry, Town Clerk".
PAGE 2 - PUBLIC:",~, RING - Local Law Re: Portable Kerosene Heaters
That appeared in the Suffolk Times on February llth. We also have
one identically worded which appeared in the Traveler and also an
affidavit of posting on the Town Clerk's Bulletin Board on the 10th
of February.
We have received conm~ents from Matthew Martin who is a member
Of the So'uthold Town Fire Chiefs Council, from Building Inspector
Edward Hindermann, from Building Inspector George Fisher. These
will all be on record here if anybody wishes to look at them.
SUPERVISOR PELL: Thank you, Councilman. You have heard the reading
of the proposed Local Law in regard to kerosene heaters. Does
anybody wish to address the Board in favor of ~his proposed law
thai was published in the local press on the Town Clerk's Bulletin
Board? (No response.) Does anybody wish to speak in opposition to
the proposed Local Law?
MR. STUART HARVEY; Are we limiting the size. In other words, I
believe the County says that one gallon would be--they objected to
a larger tank. Are we doing anything about that?
TOWN ATTORNEY TASKER: What we're doing is aut.horizing what are
called approved portable kerosene heaters. At the present time
a two gallon maximum capacity is the approved type.
MR. HA'RVE¥.: By the Underwriters?
TOWN ATTORNEY TASKER: No, by the New York State R~l Property Law.
MR. HARVEY: Are we putting any restrictions in, I mean for our own
protection? That they be filled outside or anything like that.
understand there's some law on that. We don't want to approve it
if there is an accident and somebody says, "Well, ~ou should tell
us to take it outside". I think New York City go into that when
they recommended that the things be filled outside and no kerosene
stored inside. Whether they do it or not I think it protects your-
self.
TOWN ATTORNEY TASKER: All I can say is that the State Real Property
Law defines what an approved heater is and one of the requirements
is that the heater bear a label in conspicuous letters cautioning
and informing the purchaser as to the need of an adequate source of
ventilation when the heater is in operation, the use of only certain
fuel, proper manner of refueling, proper placement and handling o~
the heater when in operation and the proper procedures for lighting,
flame regulation and extinguishing the heater.
MR. HARVEY: That will all be spelled out in our law then?
TOWN ATTORNEY TASKER: It already spelled out in the Law.
MR. HARVEY: Fine, thank you.
SUPERVISOR PELL: Anybody else wish to address the Board? Mr. Lekich.
MR. FRANK LEKICH: I don't have any opposition, I ~on't have any
opinion for or against. I was just wondering about s~orage of
PAGE. 3 - pUBLIC'"dEARING - Local Law Re' Po~'2'~ble Kerosene Heaters
kerosene. Do you have anything in mind as to storing. I':'ve seen
50 gallon drums in garages which is kind of dangerous. There are
specifications as far as fuel oil is concerned, but now that we have
kerosene, will they pertain the same way? 275 gallon tank in the
house?
TOWN ATTORNEY TASKER: You're on the Housing Board, aren't you?
MR. LEKICH: Yes.
TOWN ATTORNEY TASKER: It's in the Housing Code. Storage of fuel.
MR. LEKICH: Fuel, that is fuel oil,
TOWN ATTORNEY TASKER: And also in the new Fire Code.
MR. LEKICH: Is it in the Fire Code?
SUPERVISOR PELL: Yes, definitely.
MR. LEKICH: I d~dn't read the Fire Code.
SUPERVISOR PELL: It's in the Fire Code, storage of inflammable
substances. It's in the Fire Code. What it is off hand I can't
tell you, but I know when we reviewed the Fire Code, John Nickles,
Hank Dr~m,'myself, La.try if he was here then, it was one of the
questions that the firemen brought UP, storage of flammables
such. as gasoline, kerosene, turpentine, etc, and we did deal with
it under the Fire Code. I don't know~ exactly what it is now.
MR. LEKICH: Well, in going around, I've seen some hazardous
conditions but nobody checks on it, of course, but you know it
is one of those things. Okay.
SUPERVISOR PELL: Thank you~ Anybody else wish to be heard on
the proposed Local Law amending our Housing Code? (No response.)
If not, I'll declare the hearing closed and move on to the next
one.
***
Southold Town Clerk
I,EG:%I. NOTICE
NOTICE OF HEARING
PUBLIC NOTICE is herdby
given that there has been
presenled to the Town Board,of
Ihe Tou n of $ourhold, Suffolk
C(mnty. New Vork, oa the 9th
nay of I.'ebmm'y. l~fl12, a LOCal
Law, entilled, "A I..oca I I ,aw to
aJ'.i('gi~ :1i~ Th.v, ira.' CO, lc ,)~ l lie
Ii' I'i.~' ~ loll II, l'(.rud~le
healers comply with
l)rovisimls el suchlaw
2. This Local Law shall take
effect immediately.
Copies of said Local Law are
available at the Office of the
Town Clerk to any interested
persons during business hours.
NOTICE IS FURTIIER
GIVEN that the Towt~ Bo~rd of
th~ Town of $outhold ~'ill hold a
ss:
Jc(-,i.(,:.,., i ilo:Hi r: S,ud publiehearingnnlheaforesaid ~?Y.~.9.~. ................ being duly Sworn,
I..,.'i;!i.i~:~ ,e.:c: a-"nll,.u- T ~ Local Law at the Soulhold
t':.ap;I. '~ ',fi ~1 ,. I',,~; ,:: m, i Town Hall Main Road,' is Printer ana i'umisner
· f,...:v o .,.,,,,o~,! ..' htr,,,... : . - ' ' SoUthotd NeWydi~k on the ~
· .m, :'d:,C 3..' i,,Ih,..'..' ' ~ 23rd day. of February 1982 at ~, a newsrmner oublished at Greenport, in snid
I E~ ,,.i (.:i..' i": .'.>: ll,,, )*~! ' 3:300 clockP.M at which
tim6 allin[eres~ed ersoi~s will ....
I'e, mh,.,. I,', a'.,:;i,!: 'ic.",'v, ,, ; r : P . the notice, o! which the annexed is a pnntefl
..... ' beheard: .
'"':"v,'.o'.."":""'"'":"' '"- '" ...... :' DATED:Febru~Yog~Z~i~0F published ia the Said Suffolk Weekly Times
J. Approved i'orlahle i~ere-
sc, ne iIe:H.,.'rs. Nolwilh- ' i THESOt~THOLD
sim,liue ;..11.¥ mhcr previ ' . . ' .'. TOWNBO~RD ~.k, ~or ........ 011.~' ............... weeks
sic, n.~ ,..(:ih~ t';i~aplu~, ii;> : ' ~ ' - JuDiT~IT.~ERRY. tmellcing on tile 'l '1 '~h . ..; ....
pi'ow, ed porN~iHe kern- TOWNCLERK ^~ ..................
$C!1C healer,,'., as defined 1TFli-3373 ' ~ . ;..
Prop~rU,' .",a,v. are per- · %~.... . ..............
~..1 J J;hlme
this .
aay of February J ~",82 I
.............. ........
HELEN K. DE VOE
NO[ARY PUBLIC, Stato or New York
No. 4107878, Suffolk County_
Term E×p~res March 30, 19,~C;~,','~
LEGAL NOTICE
PUBLIC NOTICE is hereby'
; given that there .has been'
'/.' presen'ted to the Town Board I
[: of the Town of Southold,'
!i:,:i. Suffolk County, New York, on '
i'i! the 9th day of February, 1982,'
~, a Local Law, entitled, 'A Local
Law to amend the Housing I
Code of ~he Town of Southold
(Chapter 52) in relation to;
Portable Kerosene Heaters".
Said Local Law reads as
I',,: follows:
,~ hapter 52 of the Code of
ii',!" the ToWn of S0uthol'd is hereby
' amended as follows'
'. 1. By amending Section
52-53 (Heating) by adding
thereto' a new subdivision J} to
read as follows:
ii, i,. J. *p.roved Portable.
Ker6sene Heaters Notwith-
standing any oiher provi~ons
al' d-.is Chapter apP~6~ed
i P rtable kerosene heaters, as
I~I~.) defined in Article 7-A of the
l'i',i' Real Property Law, are permit~'
"ii!',ted provided that such heater's
iil?)i'comply with the provisions of
!( Such law
~. 2. This Local Law shall take
',:,:effect: immediately · ',.'
ir, Town Clerk to any interested
Iwpersons during business
,NOTICE IS rURTHEa
i!iii!GWEN that the Towl/Board of
the Town of Southold will hold·
~?a 'public hearing on the
~::'aforesaid Local Law at the
i!illSouthold:, Town HalI, Main,
i:i',,:Road, Southold New York, on
li! ihe 23rd d. y of February,.
982 at 3:30 o clock P.M., at
· ich time all interested per-
~:.sons will be heard.
~i',D',ied February 0
B5 Order c.[the:
Southc, d Tm~ n Board
Jud]th r lerr~
, Town Clerk
1T-2/11/82(5)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Palricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, Jn Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for .................. ..~. ................... weeks
successively, commencing on the ...... .x..~ .........................
day of .......... ....~.....~ ................... , 19..~.~
Sworn to before me this ............ !..[ ................ day of
19....,~.. '
PEGGY $. WHITE
NOTARY PUE, LIC, State o~ N~w YoI~
Ne. 4725113