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HomeMy WebLinkAboutLL-1983 #08LOCAL LAW NO. , 1983 A Local Law in Relation to Portable Kerosene Heaters BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Section 45-401, Subdivision C, paragraph (4) of the Southold Town Fire Prevention Code is hereby amended to read as follows: (4) Portable Heaters (a) Unrented portable heating equipment using solid, liquid, or gaseous fuels shall be prohibited except.during building construction, alterations or repair. During this period of building construction, alteration or repair, the heating equipment must have adequate ventilation and must have a means of fire extinguishing'available. Unvented portable heating equipment used for this purpose must be listed by a nationally recognized testing laboratory and operated and maintained in accordance with manufacturer's recommendations, This paragraph (a) does not apply to New York State approved kerosene fueled heaters being used in one and two-family dwellings. (b) (c) Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating condition. Portable electric heaters shall be equipped with automatic shut-off devices for safety purposes in the event of tip-over. (d) Refueling operations for all solid, liquid, or gaseous fuel burning portable heating equipment shall be safely conducted when approprigte, including the removing of the heater to a safe location and waiting for it to cool prior to refueling. (e) Fuel supplies and its related equipment for solid, liquid or gaseous fuel burning portable heating equipment shall be pro- tected from damage, excess heat and comply with the appli- cable storage and handling requirements specified in this Chapter. II. Section 52-53, Subdivision J of the Housing Code of the Town of Southold is amended to read as follows: Portable Heaters (1) Unrented portable heating equipment using solid, liquid, or gaseous fuels shall be prohibited except during building con- struction, alterations or repair. During th_is period of building construction, alteration or repair, the heating equip- ment must have adequate ventilation'and must have a means Of · fire extinguishing available. Unrented pot-table' heating equip- ment used for this purpose must b_e listed by a nationally recognized testing _laboratory and operated and maintained in (2) accordance with manufacturer's recommendations. This Subdivision J does not apply to New York State approved kerosene fueled heaters being used in one and two-family dwellings. Portable heaters shall be appropriately located with respect · to combustible materials, and maintained in proper operating condition. (3) Portable electric heaters shall be equipped with automatic shut -off devices for safety purposes in the event of tip-over. (4) Refuelil3g operations for all solid, liquid, or gaseous fuel burning portable heating equipment shall be safely conducted when appropriate, including the removing of the heater to a safe location and waiting for it to cool prior to refueling. (5) Fuel supplies and its related equipment for solid, liquid or gaseous fuel burning portable heating equipment shall be protected from damage, excess heat and comply with the applicable storage and handling requirements specified in Chapter 45 of the Town Code. III. This Local Law shall take effect immediately. -2- Dear Sir/Madam: Please be advised that Local Law(s) No. 8 of 1983 of the Town of Sour:hold was/were received and filed on - ~Tuly 25, 1983: Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records NYS I~-'~artment of State Burea( ,' State Records 162 Washington Avenue Albany, NY 12231 '- ..,.._; · Robert Tasker, Town Attorney Town of Southold 425 Main St. Greenport', N. Y. 11944 (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 matter. : ~p~x of ................. S~uth. ol.~L ..................................................................................... Town Local Law Nc,. 8 of the year 19 83 in Relation to Portable 'Kerosene Heaters A local law .................................................................................................................................................................................. {hss~ title) Be it enacted by the ................................. ..T..q.~Y.R..~.O~F..CL~ .......... : ........................................................... of the (N~Be ef ~ial~tive Bod~) x~g of .......................................... 5.oufl~old.: ............................................................................................. as follows: Town i. Section 45-401, Subdivision C, paragraph (4) of the Southold Town Fire Prevention Code is hereby amended to read as follows: (4) Portable Heaters (a} Unvented portable'heating equipment using Solid, liquid, or gaseous fuels shall be prohibited except during building construction, alterations or repair. During this period of building construction, alteration or repair,.. ,, the heating equipment must have adequate ventilation and must have a means oLfire extinguishing available; Unrented portable heatihg equipment used for this purpose must be listed by a nationa, lly. recognized testing laboratory and operated and maintained in accordafice with manufacturer's recommendations. This paragraph (a} does not apply to New York State approved kerosene fueled heaters being used in one and two-family dwellin§s. {b) (c} {d} {e) Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating condition. Portable electric heaters shall be equipped with ~aUtomatic~ Shut-off devices for safety purposes in the event of tip-over. Refueling operations for all solid, liquid, or gaseous fuel.burning portable heating equipment shall be safely conducted when appropriate, including the removing of the heater to a safe location and.waiting for it to cooJ prior to refueling. Fuel supplies and its related equipment for solid, liquid or gaseous fuel burning portable heating equipment shall be protected from damage, excess heat and comply with the applicable storage and handling requirement specified in this Chapter. ~l~(If additional sDace is needed! please attach sheets of the stone size as this and number each)"~ Page 1 !1. III. Section 52-53, Subdivision J of the HOusing Code of the Town of Southold is amended to read as follows: J. Portable Heaters (1) Unvented portable heating equipment using solid, liquid, or gaseous fuels shall be prohibited except during building construction, alterations or repair. During this period of building construction, alteration or repair, the heating equipment must have adequate ventilation and must have a means of fire extinguishinc3 available. Unvented portable heating equipment used for this purpose must be listed by a nationally recognized testing laboratory and operated and maintained in accordance with manufacturer's recommendations. This subdivision J does not apply to New York State approved kerosene fueled heaters being used in one. and two-family dwellings. (2) Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating condition. (3) (4) Portable electric heaters shall be equipped with automatic shut-off devices for safety purposes in the event of tip-over. Refueling operations for all solid, liquid or gaseous fuel burning portable heating equipment shall be safely conducted when appropriate, including the removing of the heater to a safe location and waiting for it to cool prior to refueling. (5) Fuel supplies and its related equipment for solid, liquid or gaseous fuel burning portable heating equipment shall be protected from damage, excess heat and comply with the applicable storage and handling require- ments specified in Chapter 45 of the Town Code. This Local Law shall take effect immediately. (Coml)h.tc the certification in the paragraph which applies to the filiug of this local law :and strike out the matter there.in x~hich is not applicable.) (Final of tho on ..... fi ~.!¥..1.8 .......................... /9..8~.. adoption by locvl legislatiw~ body only.) 8 19 83 I hereby certify that the local law annexed hereto, designatedaslocal law No ................... of ........ X~ of ........ $~uthold... was duly pussed by the .................... ~own..Board .................................... Town ..... {N~m~ of [,egi~latlv~ Bod~} ~x in accordance with the applicable provisions of law. (Passage by h)eal legislative body with approval or no disapproval by Elective Chief Executive Officer ,* or repassage after disapproval.) I horeby certify that the local law annexed hereto, designatedasloca]lawNo ..................... of 19 ........ County City - , of the Town of ................................. ~..., was duly passed by the {Nam~ of L~iislative Body} Village < not disapproved on .................................................. 19 ........ and was approved by the ....................................................... repassed after disapproval Elective Chiel Executive Officer ~ and was deemed duly adopted on ....................................................... 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... Couuty City of ...................................... was duly passed by the ...................................................................................... of the Town tN~m~ of Legislative Body) .... Village not disapproved on ................................................. 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief ~xecutive Officer * on ..................................................................... 19. ........ Such local law ;vas submitted to the people by reason of a mandatory rcferendm~ and received the affirmative vote of a majority of the qualified electors voting permissive ' general thereon at the special election held on ...................................................... 19 ........ , in accordance with the appli- annual cable provisions of law. (Suhject to permissive referendum,and final adoption because no valid petition filed requesting refecendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19. ......... Count y City of the Town of ...................................... was duly passed by the ................................................................................ on (Name of Legislative Uod¥) Village not disapproved ...................................................... 19 ..... and was approved by. the ......................................................... on repassed after disapproval ~:t~,.ti~,. Chinff Executive f}ffi,~vr * .............................................................. 19 ......... Such local law being subject to a permisslx;e'refereudum and no valid t,ctition reqaesting 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 Office~ means or includes the chi0f executive officer of a county elected on a county-wide basis or, if there be none, the c~ of the co,inly ie~tdottve body, the mayor of a city or village or the supervisor of a town, where ~uch offEcr i. vested with power to approve or v~to local lam or ovOlmnc~. Page 2 . LCity local hm coucerniag {'.hatter rc~isimt proposed by petition.) I hcrcb'> ce~-til'.~ t'aa~ d~=. lo~ a! !.m ..:~tl¢'xed hereto, de.~ignated as local law No .............. ~ ...... of 19 ........ of tim City of ......................................................................... haxing been sabmitted to referendum pursuant to the provisions of 37 of t.,~ ,Manh':ipal lt,,me [~ule. Law, and Laving received the affirmative vote of a majority special ~t' the qualified eleetor~ of such city voting thereon at the general election held on .................................. ................ ~9 ............ became operative. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as L0r~al Law No ....... of 19 ...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election ~ £ November ........... 19 ........... pursuant to subdivisions 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 eertifieation.) ~ I further certify that 1 'have compared the preceding local law with the original on file in this office and that' the same is a correct transcript therefrom finally adopted in the manner indicated in paragraph and of the whole of such original local law, and was ................... :[ ....... above. Cl~ofthe County t~aislatlve body, City, Town ~'Zfll~, 1~ offi~ d~si~ltted by local Imstslativc body Date: July 20, 1983 Judith T. Terry Clerk of the Town of Southold (Seal) (Certification to be executed by County Attorney, Corporation ,Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ..S..~E.F..O....L:..K ............................. 1, the undersigned, hereby certify that the ~'oregoing 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. Town Attorney Title Date: Ju~¥ 20, 1983 ~xx ............. .............................. TOWB X~XX Page PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 19,. 1983 3:35 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW.ENTITLED,."'A. LOCAL LAW IN RELATION TO PORTABLE KEROSENE.HEATERS." Present: Supervisor William R. Pell, III Councilman John J. Nickles 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: This is a public hearing on "A Local Law in Relation to Portable Kerosene Heaters". Councilman Murdock will read the public notice. COUNCILMAN MURDOCK: "Public Notice is hereby.given that .there has been presented to the Town Board of the Town o£ Southold, Suffolk County, New York, on the 21st day o£ June, 1983, a Local Law, entitled, "A Local Law in Relation.to Portable Kerosene Heaters," which amends Section 45-401, Subdivision C, paragraph'(4) of.the Southold Town Fire Prevention Code, and Section 52-53, Subdivision J of the Housing Code of the Town of Southold, to read as follows, to wit: Portable Heaters (a) Unvented portable heating equipment using solid, liquid, or gaseous fuels shall be prohibited except during building construction, alterations or repair. During this period of build- ing construction, alteration or repair, the heating equipment must have adequate ventilation and must have a means of fire extinguishing available. Unrented portable heating equipment used £or this purpose must be listed by a nationally recognized testing laboratory and operated and maintained in accordance with manufacturer's recommenda- tions. This paragraph (a) does not apply to New York State approved kerosene £ueled heaters being used in one and two-£amily dwellings. (b) Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating condition. (c) Portable electric heaters shall be equipped with automatic shut-o££ devices for sa£ety purposes in the event of tip-over. (d) Refueling operations for all solid, liquid or gaseous fuel burning portable heating equipment shall be safely conducted when appropriate, including the removing.of the heater to a safe location and waiting £or it to cool prior to refueling. Page 2 - Public Hea~'~g - Portable Kerosene Hea~rs (e) . Fuel supplies and its related equipment for solid, liquid or gaseous fuel burning portable heating equipment shall be protected from damage, excess heat and comply with the applicable storage and handling requirements specified in this Chapter. Copies o£ said Local Law are available in the office of the Town Clerk to any interested persons during business hours. NOTICE IS FURTHER GIVEN that the Town Board of the Town o£ Southold will hold a public hearing on the.aforesaid Local Law at the Southold Town Hal!~ Main Road, Southold, New York, on the 19th day of July, 1983, at 3:35 o'clock P.M., at which time all interested persons will be heard. Dated: June 21, 1983. Judith T. Terry, Southold Town Clerk." Notice of Affidavit of Publication by Joan W. Gustavson on behalf of The Greenport Suffolk Times. A£fidavit of Publication by Patricia Wood from The Long Island Traveler-Watchman. A af£idavit signed by Judith T. Terry, Town Clerk, saying that the notice was published on the Town Clerk's Bulletin Board on the 22nd day of June, 1983. SUPERVISOR PELL: Thank you, Larry. You've a]_l heard the reading of the proposed Local Law. Does anybody wish to speak in favor of this proposed change in the Local Law? MR. VINCENT WIECZOREK: Mr. Supervisor and Town Board, my name is Vincent Wieczorek. I represent the Southold Town Fire District's Association and the Southold Town Fire Chief's Council. We, as a group, have agreed to support this particular amendment to the Fire Code and to the Housing Code. We feel that it is needed. It was in an original code that was taken out a while ago. The Code as it is read will be eventually put in to the State Code, which is due to take effect in January 1 of 1984. Therefore, we feel to put this law into effect now. We have the heating season coming on and we've done research int'o the kerosene heaters and we are trying to save lives within the Town. This is our primary purpose. So, therefore, the two organizations are definitely in favor of this mnendment. SUPERVISOR PELL: Thank you, Vinnie. Anybody else wish to speak in favor of this proposed Local Law change? (No response.) Anybody wish to be heard in opposition to it? (No response.) Anybody wish to be heard at all on this? (No response.) If not', I declare the hearing closed. · .* * * ~/ J~ith T. Terry// Southold Town Clerk , NOTICE OF ' PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE is hereby :.'~ given that there has been pre- :'.' sented to the Town Board of ~ the Tow~ of S0uthold, Suf[elk County, New York,· on the21st day of June, 1983, a Local ~': Law, entitled, "A Local Law , i. in Relation to,Portable Kero- g~ sene Heaters,' Which an~ends . Section 45-401, SubdiviSion C, ' . paragraph· (4) of the soutJ~old Town Fire Prevention Code, and Section 52-53, Subdivision J of the Housing Code of'the Town of Southold, lo read as ,: follows, towit: Portable Heaters . (a) Unvented portable~':~' 'i lng equipment using solid, liquid, or gaseous fuels shall ,?!i be prohibited excepl during ~.:" building construction, altera- ,i i'j. tions or repair. During-this i~" 'Period of building construc- · 'tion, alteration or repair, the !:i~ heating equipment must have !i'~. adequate ventilation and must , 'have .a means of fire ex- t... tinguishing available. 'i'~ Unven'ted portable heating '.~'i equipment used for this "~ipurpose must. be listed by a :.: ". nationally recognized testing ~:~'. laboratory and operated and 'f maintained in accordance '~'with manufacturer's ,,i~' _recommendations. This para- ~i:graph (a) does not apply to '?.. New York State approved ,u kerosene fueled heaters being used in one and tv~o-family dwellings. (b) Portable heaters shall 'be appropriately Iocaled with respect to combu~llble mater- ,als, and mamlamed ,n proper ~:~:: .operating conchtlon %. (c) Portable electric heat- i:,~i i ers shall be equipped with ,!: automatic shut-off devices for fi'.~ safety purposes m the event (; (d) Refueling operations [', ::for all solid, liquid or gaseous Ill:fuel burning portable heating ~?-.:~quipment shall be safely con- !~iducted when appropriate,, l;, including the removing of-the, !;heater to a safe' location and ' ~alttng for I to co~l prmr to , ,e~ Fuel supplies and itsre~ laled eqmpment I'or liquid or gaseou_~ luel bmrning , portable heating equipment ',!shall be protected from ;I...damage, excess heat and eom- !i. ply with the.applicable stor- !=iage and handling require-. ? merits specified in this Chap- .. Copies of said Local Law are · available at the .office of the i, ToWn Clerk to any interested ~!:persons during business i JhoUrs. i~ NOTICE IS FURTHER iGIVEN that the Town· Board ~." of the Town of Southold will .: hold a public· hearing on the :!..aforesaid Local Law at the ,iSouthold Town Hall, Mum i!iRoad, Southold, New York, on ,.,the 19th day of July, 1983, at i?.3:35 o'clock P.M., at which J. litime all ·interested persons 'DATED: June21. 1983 J L,--DITH T. TERRY SOUTHOLD TOWN C LE P~: STATE OF NEW YORK' ) ) SS: COUNTY OF SUFFOLK ) Joan W. Gustavson of Greenport, in said County, being duly sworn, says that I=Ye~she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly/published in said Newspaper once each week for o~ae weeks successively, commencing on the ~0~ day of June 19 83 HELEN K. DE VOE NOTARY PUBLIC, State of New York No 4707878, Suffalk · Term Expires March 30, 19~"'" Principal Clerk Sworn to before me this 30th day of ,T~ e 19 8~ NOTICE OF PUBLIC i' . HEARING ON LOCAL LAW' ': '7~aUBLIC NOTICE is hereby I i i~ivel~ that there has been. pre- :sented'(0-the Town. Board of i'i th~ T0~ of Southolit; Suffolk :." County. ,:iqew York, onthe 21st i!'.i ~Law, end/led "A Local La i; ~Relation'to Portable Kerosene ,,~ Fleaters. ~l-,ich amend, Sec- .'ilion 45.401. Subdivision C. :??paragraph ~4~ of the Southold :Town F~re Prexenaon Code, 'ili and Section 52-53,' Subdiv'igion ,:J Of, the Housing Code of the Town of SOuthold; to r¢:id"as ' follows, to wit: Portable Heaters ~al Unxented portab[e heat. "lng eqmpmem using solid. '1 liquid, or .~aseous fueli ihall ',' be prohibited excep~ during ',, building cou$truction, ahera- "lions or repair. Dunr, g t[',~ period of building conslruc- lion. a[leration or repair, the heating equipment must have adequate ventl[atlon and musl ha~e a mean6 of fire eX'lin. .. gmshing a~adable. Un,er, ted ,I portable heaung equipmenl i;"used for this purpose must be !' listed by a nationall,, recogniz- 1:I ed testing laborato[~ and oper- { ated and maintamed in ~cord. l] .anee with manufacturer s te- l Co'mmendations' This - para- ~i graph (al doe~ not apply to [i.New York State approved ~,~' kerosene fueled heaters bein~ 1, used in one and r',~e-famdv d~elhr, gs. · I.b} Portable healers shall be 'appro'prialely located w-ith ~e~. spec~ lo combustible mater, isis. and maintained in proper · :,pc cai;r,¢ ,:.:~fid;|;.:,c, ir' shall ue equtppexl with I{i;iqm. afi¢. Shut-~ff. devices: for i[. safety purposes in the event of tlp.ome{. id} Refueling operations {or all solid, liquid of gaseous fuel burning portable heating equipment shall be safely couducted v. hen appropriale, includw,~ the removing of the heater to a sale location and baiting for it to cool print to refueling. lc! Fuel supplies aud its lit!. ,related equipment .for solid, {!?liquid or gaseous fuel burning [i:.portable heating equipment ?.'.:. ishall be proteet,~d from. dam- }~ i'* age, excess heat; and comp y "." ~,th tl~e applicable storage and handhnl~ requirements speed]ed in this Chapter. I~; Copies of said Local Law are ;;!! !i .a~ailable at 'tlie, 9ffice :of the lli:' 'Town Clerk to any ~terested · persons during, business i;?., hours. ' ' " ' NOTICE IS FURTHER'GIV- l, i; EN that the Town Board of the i'.~,i. Town of Southold will hold a I i', ;' public hearing on the aforesaid, ?,i!:.Local Law at the Southold "i...u o H~i! Mtm R,:.~d, South- ', · ..Id N,: ,, '~ ,.,k c,,, ,l',c I~ day: .i~! at July, 1983, ,at 3:35 0 Cl°ck i?' P;M. at .whicb time all ,,, :.mterested persons wdl be ,?~, ,Dated: June 21, }983, !;::i: . JUDITH T. ~ERRY, ;!iii ':::i' SOUTHOLD TOWN CLERK I.,! ' . IT-6/30/83(14) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed atSouthold, in, 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 ............. ..~.~.,.a.. ............. Sworn to before me this ................ ..~..~..~.. ...... day of ............... ..~...::Y.- ............... , 19.....~..~.