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INSTRUCTIONS
Town of Southold Code Supplement No. 30
The enclosed new and/or replacement pages should be placed in
your Code volume immediately! The dateline, on the lower right
• corner, indicates when the supplement was printed, not the
adoption date of the Code changes.
•
The page numbers should always correspond with this list.
REMOVE
Supplemental Index,
S14 .913
INSERT
Table of Contents, ix - x
Ch. 34, Reserved Page
4501-4513
Ch. 52, Reserved Page
9703-9713
10069-10070
10070.1
Supplemental Index,
SI-1—SI-4
Legislation_ , by number of date of adoption, included in this
supplement: L.L. Nos. 6-1984; 7-1984; 8-1984.
8-25-84
TABLE OF CONTENTS
CHAPTER PAGE
ix 4-25.83
38.
Dogs ...........................................
3801
Article I General Regulations [L.L. No. 1-1978]
Article II Fees [L.L. No. 5.1978]
39.
(Reserved) ......... :...........................
3901
•
40.
(Reserved) .....................................
4001
41.
Ducks ... .......................................
4101
42.
.................................
(Reserved):
4201
43.
Electrical Inspections [L.L. No. 1-1978] .............
4301
44.
Environmental Quality Review [L.L. No. 3-1978] .....
4401
45.
Fire Prevention [L.L. No. 3-1980] ...................
4501
46.
Floodplain Management [L.L.No. 1-1980] ..........
4601
47.
(Reserved) ...........••..•
4701
48.
Garbage, Rubbish and Refuse .....................
4801
49.
Highway Defects, Notice of [L.L. No. 3-1977] ........
4901
50.
Home Improvement Contractors [L.L. No. 4-1975] ...
5001
51.
(Reserved) .....................................
5101
52.
Housing [L.L. No. 1-19671 ........................
5201
53.
(Reserved) .....................................
5301
54.
Junkyards .....................................
5401
55.
(Reserved) .....................................
5501
56.
Landmark Preservation [L.L. No.1-19831 ..........
5601
•
57.
Littering [L.L. No. 2-19731 ........................
5701
58.
(Reserved) ..........1
5801
59.
(Reserved) ........................................
5901
60.
.....................................
(Reserved)6001
ix 4-25.83
SOUTHOLD CODE
CHAPTER PAGE
61.
(Reserved) .....................................
6101
62.
Parks and Recreation Areas ......................
6201
(Reserved) .....................................
Article I Use Regulations and Restrictions [L.L. No. 1-1981]
73.
63.
(Reserved) .....................................
6301
64.
.....................................
(Reserved)6401
75.
65.
Parking at Reaches ..............................
6501
66.
.....................................
(Reserved)6601
77.
67.
Peace and Good Order ...........................
6701
Article I Catching of Shrimp
Article I Public Consumption of Alcoholic Beverages
68.
(Reserved) .....................................
6801
69.
Peddling and Soliciting ..........................
6901
(Reserved) .....................................
Article I Licensing and Regulation [L.L. No. 3-1973]
80.
(Reserved) .....................................
Article II Entrance onto Private Property
81.
70.
(Reserved) .....................................
7001
71.
(Reserved) .....................................
7101
72.
(Reserved) .....................................
7201
73.
Records, Public Access to ........................
7301
74.
(Reserved) .....................................
7401
75.
(Reserved) .....................................
7501
76.
(Reserved) .....................................
7601
77.
Shellfish .......................................
7701
Article I Catching of Shrimp
Article II Taking of Shellfish
78.
(Reserved) .....................................
7801
79.
(Reserved) .....................................
7901
80.
(Reserved) .....................................
8001
81.
Soil Removal ...................................
8101
X 4-25-83
BUILDING CONSTRUCTION
Chapter 34
BUILDING CONSTRUCTION
[The applicability of the State Building Construction Code to the
• Town of Southold was accepted by resolution of the Town Board
of the Town of Southold 6-8-76, effective 6-8-76.1
GENERAL REFERENCES
Housing — See Ch. 52.
Zoning — See Ch. 100.
Subdivision of land — See Ch. A106-
0
3401 7-25-76
FIRE PREVENTION
Chapter 45
FIRE PREVENTION
• ARTICLE I
General Provisions
§ 45-100. Title.
§ 45-101. Purpose.
§ 45-102. Applicability.
§ 45-103. Maintenance.
§ 45-104. Dangerous or unsafe buildings or structures.
§ 45-105. Generally accepted standards.
§ 45-106. Severability.
§ 45-107. Definitions.
ARTICLE II
Property
§ 45-200. Property classification.
§ 45-201. Fire Department and emergency service access.
§ 45-202. Means of egress.
§ 45-203. Equipment and systems.
§ 45-204. Special property uses or conditions.
ARTICLE III
Materials
§ 45-300. Prevention of fire spread.
§ 45-301.- Flammable and combustible liquids and finishes.
4501 8-25-80
SOUTHOLD CODE
§ 45-302. Combustible fibers. .
§ 45-303. Hazardous chemicals.
§ 45-304. Compressed gases.
§ 45-305. Explosives, ammunition and blasting agents.
§ 45-305A. Fireworks.. •
§ 45-306. Material for welding and cutting.
§ 45-307. Fumigants and thermal insecticidal fogging liquids.
§ 45-306. Fruit -ripening .gas.
§ 45.309. Matches.
§ 45-310. Powder coatings.
§ 45-311. Magnesium.
§ 45-312. Organic coatings.
§ 45-313. Organic peroxides.
§ 45-314. Cryogenic liquids.
§ 45-315. Cellulose nitrate (pyroxylin) plastics.
§ 45-316. Cellulose nitrate motion -picture film.
ARTICLE IV
Firesafety Practice
§ 45-400. General. .
§ 45401. Safeguards.
§ 45-402. Equipment.
§ 45-403. Signs and instructions.
§ 45404. Fire exit drills.
§ 45405. Fire Department notification.
4502 B-25-80
•
FIRE PREVENTION
ARTICLE V
Administration and Enforcement
§ 45-500. Applicability.
§ 45-501. Administration.
• § 45-502. Rules and regulations.
§ 45-503. Permits.
§ 45-504. Inspections.
§ 45-505. Violations.
§ 45-506. Penalties for offenses.
§ 45-507: Records.
§ 45-508. Removal of dangerous buildings or structures.
§ 45-509. Board of Review..
ARTICLE VI
Generally Accepted Standards
§ 45-600. Applicability.
§ 45-601. Issuing organizations.
§ 45-602. Standards cited.
§ 45-603. When effective.
[HISTORY: Adopted by the Town Board of the Town of
Southold 7-8-80 as Local Law No. 3-1980. Amendments noted
• where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 84.
Electrical inspections — See Ch. 43.
Housing — See Ch. 52.
Fire lanes — See Ch. 92, § 92.45.
4503 8-25-80
§ 45-100 SOUTHOLD--CODE § 45-104
ARTICLE I
General Provisions
§ 45-100. Title.
This chapter shall be known and may be cited as the "Southold
Town Fire Prevention Code," hereinafter referred to as "this
code". or "the code." •
§ 45-101. Purpose.
The purposes of this code is to establish reasonable rules and
regulations to safeguard life and property from the hazards of fire,
explosion or release of toxic gases. arising from the storage, hand-
ling or use of hazardous substances, materials or devices.
§ 45-102. Applicability.
This code shall apply to -
A. Property.
B. Materials.
C. Firesafety practice.
§ 45-103. Maintenance.
Property and materials subject to this code shall be maintained
ina safe condition, in conformity with the provisions of this code.
§ 45.104. Dangerous or unsafe buildings or structures.' •
A. A building or structure which is an imminent danger to life
and safety as a result of a fire or explosion shall be made
safe and secure or demolished and removed by the owner
thereof.
1 Editor's Note: For provisions pertaining to removal of dangerous buildings and
structures, see § 46.608 of this chapter.
4504 8-25-90
§ 45-104 FIRE PREVENTION § 45-107
B. The occupants of any such building or structure shall
vacate the premises forthwith. No person shall use or
occupy such building or structure until it is made safe and
secure.
C. Except for the owner, no person shall enter premises which
• have been ordered vacated unless authorized to perform
inspections or repairs or to demolish and remove such
building or structure.
§ 45-105. Generally accepted standards.
The applicable provisions of the generally accepted standards
listed in Article VI hereof shall constitute -the standards for safe or
appropriate practice which is required by the provisions of this
code to which they are referenced.
§ 45-106. Severability.
If a term, part, provision, section, subdivision or paragraph of
this code shall be adjudged unconstitutional, invalid or inef-
fective, in whole or in part, such determination shall not be
deemed to affect, impair or invalidate the remainder of the terms,
parts, provisions, sections, subdivisions or paragraphs.
§ 45-107. Definitions.
As used in this chapter, the following terms shall have the
Meanings indicated:
APPROPRIATE — Especially suitable or compatible
• under conditions of use.
BUILDING — A structure wholly or partially enclosed
within exterior walls, or within exterior and party walls,
and a roof, affording shelter to persons, animals or prop-
erty. See "structure."
COMBUSTIBLE — Material or a combination of
materials which is not noncombustible. See "non-
combustible."
4505 8-25-80
§ 45-107 SOUTHOLD ' CODE § 45-107
.CORRIDOR — A passageway or hallway which provides a
common way of travel to an exit or to another passageway
leading. to an exit. .
EXIT — That. portion of the way of departure from the
interior of a building or structure to the 'exterior at street
level or grade level accessible to a street, consisting of:
A. Corridors, stairways and lobbies enclosed in con- •
struction having a fire -resistance rating, including the
door opening thereto from a habitable, public or oc-
cupied space;
B. An interior stairway;
C. A horizontal exit;
D. A door to the exterior at grade; or
E. An exterior stairway or ramp.
4
FIRE ALARM SYSTEM — An installation of equipment
for sounding a fire alarm.
FIRE- AND SMOKE -DETECTING SYSTEM — An
installation of equipment which automatically actuates a
fire alarm when the detecting element is exposed to fire,
smoke or an abnormal rise in temperature.
FIRE LOAD — The combustible contents within a
building during normal use.
FIRE PROTECTION EQUIPMENT — Apparatus,
assemblies or" system, either portable or fixed, for use to
prevent, detect, control or extinguish fire.
FLAMMABLE — Capable of igniting within five (5)
seconds when exposed to flame, and continuing to burn. •
GENERALLY ACCEPTED STANDARD — A
specification, code, rule, guide or procedure in the field of
fire prevention or related thereto, recognized and accepted
as authoritative.
MEANS OF EGRESS — An exit.
4506 8-25-80
§ 45-107 FIRE PREVENTION § 45-200
NONCOMBUSTIBLE — Material or a combination of
materials which will not ignite, support combustion or
liberate flammable gas when subjected to fire when tested
in accordance with generally accepted standards.
PREMISES — A lot, plot or parcel of land, including the
• buildings or structures thereon.
SHAFT — A vertical opening or enclosed space extending
through two (2) or more floors of a building or through a
floor and roof.
SMOKE DETECTORS — Devices which are activated by
smoke or products of combustion.
SPRINKLER SYSTEM — A system of piping and ap-
purtenances designed and installed so that heat from a fire
will automatically cause water to be discharged over the
fire area to extinguish it or prevent its further spread.
STANDPIPE SYSTEM — An installation of piping and
appurtenances, whereby all parts of a building can be
quickly reached with an effective stream of water.
STRUCTURE — An assembly of materials forming a
construction framed of component structural parts for
occupancy or use, including buildings.
VOLATILE — Capable of emitting flammable vapor at a
temperature below seventy-five degrees Fahrenheit (75°
F.) [twenty-three and nine -tenths degrees Celsius (23.9°
C.H.
ARTICLE II
® Property
§ 45-200. Property classification.
A. The provisions of this section shall establish and control
the classification of property with respect to use, including
mixed occupancy.
4507 8-25-80
§ 45-200 SOUTHOLD CODE § 45-200
B. Property to which this code is applicable shall be classified
with respect to occupancy or use. The classification shall be
in accordance with the following groups:
(1) Group Al:' Premises of One- and Two -Family
Dwellings.
(2) Group A2: Premises of Mobile Homes and Parks. •
(3) Group A3: Premises of Recreational Vehicles and
Parks.
(4) Group B1: Multiple Dwellings.
Apartment houses and apartment hotels
Buildings containing 1 or 2 dwelling units with
more than 4 lodgers residing with a family in
either one of such dwelling units
Buildings containing 3 or more dwelling units
Buildings with sleeping accommodations for more
than 5 persons, used or occupied as a club,
dormitory, fraternity or sorority house, or for
similar uses
Garden apartments
Hotels
Lodging houses
Motels
(5) Group B2: Multiple Dwellings. Old -age and nursing
homes other than Group B 3 occupancy.
(6) Group B3: Multiple Dwellings. Buildings for senior
citizens, intended primarily for persons sixty-two (62) •
years old or more, who are in good physical condition
and do not require physicial assistance.
(7) Group Cl: Business. Buildings in which the primary
or intended occupancy or use is the transaction of
administrative, business, civic or professional service.
This group includes but is not limited to the following:
4508 8-25-80
§' 45-200 FIRE PREVENTION § 45-200
Administration buildings
Banks
Clinics
Libraries
• Offices and office buildings
Professional buildings
(8) Group C2: Mercantile. Buildings in which the primary
or intended occupancy or use is the display and sale of
public goods, wares and merchandise. This group
includes but is not limited to the following:
Display rooms
Markets and supermarkets
Sales rooms and showrooms
Stores and shops
(9) Group C3A: Industrial. Buildings which may be
frequented by the public in which the primary or
intended occupancy or use is repairing, cleaning,
laundering, baking and similar operations. This group
includes but is not limited to the following:
Bakeries
Dry-cleaning- plants
Laundries
Motor vehicle repair shops
• Motor vehicle service stations
(10) Group C3B: Industrial. Buildings in which hazardous
materials are manufactured, processed, stored,
handled or used. Such material shall include products
with the following characteristics:
(a) Burn with extreme rapidity;
(b) Produce dust subject to explosion or spontaneous
combustion;
4509 8-25-80
§ 45-200 SOUTHOLD CODE § 45-200
(c) Produce poisonous fumes or gases; or
(d) Explode.
(11) Group C4: Storage. Buildings which may be
frequented by the public, in which the primary or
intended occupancy or use is the storage of goods,
merchandise, products and vehicles. This group in-
cludes but is not limited to the following:
Aircraft hangars
Cold storage
Furniture warehouse
Fur storage
Lumberyards
Open parking structures
Passenger vehicle and truck storage
Stables
Truck terminals
(12) Group C5: Assembly. Buildings in which the primary
or intended occupancy or use is the assembly for
amusement, athletic, dining, educational, en-
tertainment, recreational, religious, social, sports and
similar purposes. This group includes but is not
limited to the following:
Airports and heliports
Amusement parks
Armories
Art galleries
Assembly halls
Auditoriums
Bowling alleys
4510 s-26=80
§ 45-200 FIRE PREVENTION § 45-200
Churches, synagogues and similar places of
worship
Clubrooms
Coliseums and stadiums
Dance halls
• Discotheques
Exhibition halls
Grandstands
Gymnasiums
Indoor tennis courts with seating..for spectators
Lecture halls
Lodge rooms
Marine public transportation facilities
Museums
Nightclubs
Railroad and .bus stations
Recreation centers
Restaurants
Schools, colleges and similar places of education
Skating rinks
Theaters
(13) Group C6: Institutional. Buildings in which the
primary or intended use is for persons domiciled or
detained under supervision. This group includes but is
not limited to the following:
Child-care institutions and centers
Detention homes
Hospitals and health-care facilities
4511 8-25-80
§ 45-200 SOUTHOLD CODE ' § 45=201
Houses of correction
Infirmaries
Jails
Mental hospitals
Penitentiaries
Prisons •
Reformatories
Sanitoriums
(14) Group C7: Miscellaneous. Property in which the
primary or intended occupancy or use isnot included
in the groups listed above. This group includes but is
not limited to the following:
Cooling towers
Dockside vessels serving as buildings
Freestanding chimneys
Junkyards
Marinas and boatyards
Outdoor general storage
Piers and wharves
Tanks
Temporary buildings
Tents and air -supported structures
Wrecking yards •
§ 45.201. Fire Department and emergency service access.
A. General requirements. Buildings, structures and property
shall be provided with unobstructed access for fire -fighting
and emergency service personnel, apparatus and equip-
ment.
4512 s-25-80
§ 45-201 FIRE ' PREVENTION § 45-202
B. Accessibility.
(1) Premises which are not readily accessible from public
roads, and which the Fire Department or an
emergency service may be called upon to protect in
case of fire, shall be provided with access roads or fire
• lanes so that all buildings on the premises are ac-
cessible to the Fire Department and emergency service
apparatus.
(2) Access roads and fire lanes shall be adequately
maintained and kept free and clear of obstructions at
all times.
§ 45-202. Means of egress.
A. General requirements. Property subject to the applicability
of this code shall be provided with safe means of egress.
B. Obstructions.
M. Exits shall be maintained to provide free and unob-
structed egress from all parts of the building or
structure when it is occupied. No barrier, lock or
fastening to prevent free escape from any building or
structure shall be installed except in institutions
where supervisory personnel are constantly on duty
and effective provisions are made to remove occupants
in case of fire or other emergency.
(2) Materials shall not be placed, stored or kept in
stairways or corridors so as to obstruct or interfere
with egress of persons from the building or structure.
® (3) No aisle or passageway shall be obstructed so as to
reduce its required width as an exit.
C. Exit lighting and exit signs for other than Group A oc-
cupancy classification.
(1) Interior and exterior exits shall be adequately lighted
at all times when a building or structure is occupied.
4513 8-25-80
§ 45-202 SOUTHOLD -CODE' § 45-203
(2) Exit signs shall be maintained in a clean and legible
condition unobstructed by decorations, furnishings or
equipment and illuminated at all times when the
building or structure is occupied.
(3) Directional signs shall be provided at locations in the
public hall, passageway or corridor from which the
exit doorway is not readily discernible. •
D. Elevator warning signs. In- buildings provided with
elevators, warning signs shall be provided and located at
elevator landings advising occupants to use stairways
during, a fire emergency.
E. Openings in fire walls and fire separations. Doors and
opening protectives in fire walls and fire separations shall
be maintained in good working order, including all hard-
ware necessary for proper operation. Heat -actuated self-
closing devices shall be prohibited for exit doors. The use of
doorstops, wedges or other nonautomatic hold -open
devices is prohibited for openings in fire walls and fire
separations.
F. Exterior, egress.
(1) Exterior stairways, balconies, fire escapes or ladders
shall- be -free of obstructions.
(2) Fire escapes shall be maintained free of rust. Exterior
stairways, fire escapes and access to open space shall
be maintained free of ice and snow.
(3) Portable ladders or window escape ladders shall not be
permitted for use as a required exterior means of
egress.
§ 45-203. Equipment and systems. •
A. General requirements.
(1) Heating, electrical, ventilating, air-conditioning,
refrigerating, fire protection, elevators, escalators or
other equipment and systems for use in structures and
buildings shall be maintained so that under normal
conditions of use such equipment and systems will not
4514 8-25-80
§ 45-203 FIRE PREVENTION § 45-203
be a potential danger to the safety of occupants or a
source of ignition.
(2) Equipment and systems shall be capable of per-
forming their functions satisfactorily without being
forced to operate beyond their safe capacity.
• B. Fuel gas systems. -
(1) Fuel gas piping systems shall be maintained gastight,
safe and operative under conditions of use.
(2) Gas piping systems shall have at least one (1) ac-
cessible manual valve for shutting off all gas supply.
(3) An easily accessible shutoff valve or cock shall be
provided in the piping in close proximity to and ahead
of every gas appliance or outlet for a gas connection.
(4) Spaces in which gas meters are located shall be
maintained- accessible, ventilated and dry.
(5) Connections to the fuel gas piping systems shall be
made so as to prevent gas leaks.
C. Liquefied petroleum gas containers and. tanks.
(1) Liquefied petroleum gas in liquid form shall not be
stored in buildings in containers exceeding one (1)
pound's [forty-five hundredths (0.45) kilogram] water
capacity. Maximum storage in any building shall not
exceed two (2) pounds' [ninety-one hundredths (0.91)
kilogram] water capacity, except where displayed for
sale, in which case maximum storage shall not exceed
ten (10) pounds' [four and fifty -hundredths (4.50)
kilograms] water capacity.
• (2) Liquefied petroleum gas shall not be vaporized by
devices utilizing open flame or open electrical coil,
except in buildings used exclusively for the
manufacture or distribution of gas.
(3) Where two (2) or more containers are installed,
connection shall be arranged so that containers can be
4515 8-25-80
§ 45-203 SOUTHOLD CODE § 45-203
replaced without shutting off the flow of gas to
equipment.
(4) Containers shall be protected against physical damage
and located so as not to be a hazard to the premises
served. Containers shall rest. on 'noncombustible
supports.
(5) Liquefied petroleum gases shall be odorized, so that •
the presence of gas will be recognizable by a distinc-
tive odor.
(6) Safety devices shall be provided to relieve excessive
pressure to the outer air, at a safe distance from
building openings.
(7) Systems supplied from containers not exceeding one
hundred twenty-five (125) gallons' [four hundred
seventy-three (473) liters] water capacity shall have at
least one (1) accessible valve'for shutting off the gas.
Such valve shall be located outside the building.
(S) Systems supplied from containers exceeding one
.hundred twenty-five (125) gallons' [four hundred
seventy-three (473) liters] water capacity shall have at
least two (2) accessible valves for shutting off the
main gas supply.
(9) Gas service entrance shall be above ground and shall
be protected from damage by settlement or corrosion.
Exposed exterior wall openings located below and
within three (3) feet [ninety-one hundredths (0.91)
meter] horizontal distance of gas service entrance shall
be made gastight.
(10) Loose or piled combustible material and weeds and •
long dry grass shall not be permitted within ten (10)
feet [three and ten -hundredths (3.10) meters] of any
container.
(11) Suitable means shall be used to prevent the ac-
cumulation or flow of flammable liquids under ad-
jacent liquefied petroleum gas containers, such as by
dikes, diversion curbs or grading.
4516 8-25-80
§ 45-203 FIRE PREVENTION § 45-203
D. Fuel oil systems.
(1) General requirements. Fuel oil shall be stored and
conveyed by means of fixed liquidtight equipment.
(2) Storage tanks.
• (a) Storage tanks above ground shall rest on sup-
ports that are maintained in a structurally sound
condition.
(b) Storage tanks located in areas subject to traffic
shall be protected against vehicle damage.
(c) Storage tanks inside buildings shall not be in a
damaged or leaking condition.
(3) Piping.
(a) Means for shutting off fuel oil flow shall be ac-
cessible and maintained in safe operating con-
dition.
(b) Filling, emptying and venting of tanks shall be by
means of fixed piping.
(4) Oil -burning equipment. There shall be no obstructions
to oil -burning equipment for the purposes of cleaning
heating surfaces, removing burners, replacing motors,
controls, air filters, draft regulators and other working
parts and for adjusting, cleaning and lubricating parts
requiring such attention.
E. Prohibited fuel. Gasoline shall be prohibited as fuel for
heating and cooking, except for camping and outdoor use.
F. Heating systems.
® (1) General requirements.
(a) Heating equipment for buildings and structures
shall be maintained so as to be safe to persons and
property.
(b) Use of any stove, oven, furnace, incinerator,
boiler or any other heat -producing device or
appliance found to be defective or which creates
4517 8-25-80
§ 45-203 SOUTHOLD CODE § 45-203
an immediate fire hazard or imperils occupants
shall be prohibited.
(2) Prohibited locations for heat -producing equipment.
(a) Fuel -burning heat -producing equipment shall not
be located in exits.
(b) Heating equipment burning solid or liquid fuel is
shall not be located in spaces used as classrooms,
dormitories or places of assembly.
(3) Air supply. Spaces containing fuel -burning equipment
shall be provided with air supply for combustion and
for ventilation of the enclosure.
(4) Safety devices. Safety devices on heat -producing
equipment and pressure vessels shall not be rendered
inoperable and shall be maintained in safe operating
condition.
G. Chimneys, .flues and gas -vents.
(1) Chimneys,- smokestacks, flues, gas vents, smoke pipes
and connectors shall be maintained so as not to create
a fire hazard.
(2) Masonry chimneys which are cracked and which
permit smoke or gases to be discharged into the
building shall be made safe.
(3) Metal chimneys or vent connectors which leak or are
improperly supported shall be repaired or replaced.
(4) An incinerator or a chimney which emits sparks shall
be provided with a spark .arrester of noncombustible
construction. Spark arresters shall. have sufficient
total clear area to permit unrestricted passage of flue •
gases. Openings in spark arresters shall be of such size
so as to prevent passage of embers and to minimize
clogging by soot.
H. Incinerators and compactors.
(1) Service openings for incinerators and compactors shall
be in a safe and operable condition to prevent the
4518 8-25-80
§ 45-203 FIRE PREVENTION § 45-203
passage of smoke, flame or gases into the building
space.
(2) Incinerator and compactor rooms shall be secured to
.prevent tampering by unauthorized persons.
(3) Incinerator ash compartments shall be maintained
clean.
• (4) Discharge of lighted, highly flammable, highly
combustible or explosive materials into incinerator or
compactor chutes is prohibited.
(5) Durable signs with plainly legible letters shall be
conspicuously posted at service openings of in-
cinerators and compactors, stating: THROWING
LIGHTED MATCHES, CIGARS OR CIGARET-
TES, CARPET SWEEPINGS, NAPHTHALENE,
CAMPHOR BALLS OR FLAKES, FLOOR
SCRAPINGS, OIL -SOAKED RAGS, PAINT CANS,
AEROSOL CONTAINERS OR ANY OTHER
HIGHLY FLAMMABLE OR HIGHLY COM-
BUSTIBLE OR EXPLOSIVE SUBSTANCE INTO
INCINERATOR OR COMPACTOR CHUTES IS
UNLAWFUL AND SUBJECTS THE OFFENDER
TO A PENALTY.
I. Electrical systems.
(1) Electrical wiring and equipment shall not be a fire
hazard or a source of ignition for combustible or haz-
ardous substances, materials or devices.
(2) Electrical wiring and equipment shall be maintained
so as to be firmly secured to the surface on which it is
mounted.
(3) Overcurrent protection devices shall be maintained in
safe operating condition, shall not be locked or
fastened in the "on" position and shall be accessible.
(4) Grounding of electrical wiring and equipment shall be
maintained to provide protection against. hazard.
(5) Flexible cord shall not be run through holes in walls,
4519 8-25-80
§ 45=203 SOUTHOLD CODE. § 45-203
ceilings or floors or run through doorways, windows or
similar openings or attached to building surfaces or
concealed behind building walls or above ceilings or
under floors or floor coverings. _
(6) Wiring systems shall be deemed to be a fire hazard
under the following conditions:
(a) A switch or receptacle faceplate feels unusually
warm or there is a burning odor in their im-
mediate vicinity; or
(b) There is a flickering of lights which is not
traceable to appliances or obvious external
causes.
J. Commercial cooking equipment.
(1) Exhaust systems provided for commercial cooking
equipment shall be maintained in safe operating
condition.
(2) Hoods, grease removal devices, fans, ducts and other
devices shall be maintained clean and free of grease
and deposits of residues.
(3) Fixed fire extinguishing systems for range hoods,
including component parts, shall be maintained in
proper operating condition. . Manufacturer's in-
structions for manually operating the system shall be
posted conspicuously in the kitchen.
(4) Fire dampers shall be maintained so as to be operable.
K. Fire protection equipment.
(1) Water supply.
(a) Water service for sprinkler, standpipe and yard
hydrant systems shall provide at all times a
supply of water in sufficient volume for such
systems to function satisfactorily.
(b) Water supply tanks shall be maintained
watertight, verminproof, rodentproof, resistant to
corrosion and protected against freezing.
4520 8-25-80
is
40
§ 45-203 - FIRE PREVENTION § 45-203
(c) Tanks and their supports shall not be used to
support equipment or structures other than for
tank use, except where specially designed for such
other use.
(d) Means for emptying water supply tanks shall be
maintained in proper working condition.
• (e) Water supply tanks for standpipe and sprinkler
systems shall be maintained to furnish water in
sufficient quantity and pressure for such systems.
(f) Fire Department connections shall be con-
spicuously identified, maintained readily ac-
cessible for Fire Department use and adapted to.
fit the equipment of the Fire Department.
(2) Sprinkler systems.
(a) Sprinkler systems shall be maintained in
operative condition, free from mechanical injury,
structural failure, water failure or obstructions.
Sprinklers shall be maintained clear and free from
corrosion, paint, whitewash and other coatings
which impair their operation.
(b) Valves controlling water supply: to sprinklers
shall be secured in the open position.
(c) Supports for piping and equipment shall be
structurally sound.
(d) Portions of the system subject to freezing shall be
appropriately protected.
(e) Storage of materials shall not interfere with the
• effective discharge of water from the sprinklers.
(f) Connections or sprinkler systems for other than
fire protection shall be prohibited.
(3) Standpipe systems.
(a) Valves shall be maintained tight against leaks.
(b) Hose shall be properly stored, ready for
operation, dry and free of deterioration.
4521 8-25-80
§ 45-203 SOUTHOLD. CODE § 45-203
(c) Hose stations shall be conspicuously identified,
located for easy accessibility and installed to
provide for the quick and easy use of equipment.
Hose station cabinets shall have keyless doors.
(d) Valves in the water supply pipe for the standpipe
system other than hose station valves shall be
open at: all times. •
(4) Yard hydrant systems.
(a) Yard hydrant systems shall provide an ample
supply of water to hydrants.
(b) . Connection to fire hydrants for other than fire
protection purposes shall be prohibited unless
authorized by the authority having jurisdiction.
(c) Outside hose shall be stored to be readily ac-
cessible. and protected from the weather.
(5) Portable fire extinguishers.
(a) Portable fire extinguishers shall be appropriate as
to type, size and location and shall be in their
designated location and clearly visible, except
that they may be located in an enclosure or recess
conspicuously identified as containing a fire
extinguisher.
(b) Portable fire extinguishers shall be maintained in
operating condition.
(6) Fire alarm systems.
(a) Fire alarm systems shall be maintained- in
operating condition.
(b) Fire alarm boxes shall not be obstructed and shall •
be in full view at all times.
(c) Manufacturer's instructions for use of fire alarm
boxes shall be conspicuously posted in- the im-
mediate vicinity of each alarm box.
(d) Unless directly connected to a central station
alarm service, municipal alarm system or local
4522 8-25-80
§ 45-203 FIRE PREVENTION § 45-203
manned fire alarm dispatch station, a clearly
legible sign shall be posted above each box,
stating: LOCAL ALARM ONLY - NOT CON-
NECTED TO FIRE DEPARTMENT - CALL
FIRE DEPARTMENT BY TELEPHONE.
• (7) Fire and smoke detectors. Fire detectors, smoke
detectors, ionization detectors, flame detectors and
heat detectors shall be maintained in operating
condition.
(8) Foam and chemical fire extinguishing systems. Foam
and chemical fire extinguishing systems shall be
appropriate for their intended use and shall be
maintained in safe operating condition.
L. Elevator equipment.
(1) Elevator hoistways and pits shall be maintained free
of rubbish or other debris.
(2) Elevator machine rooms shall be maintained free of oil
and grease, including oily and greasy clothes, rags and
other combustible materials, and shall not be used for
storage of articles or materials unnecessary for
maintenance of equipment. Flammable liquids shall
not be kept in machine rooms.
M. Hoistways and shafts. Exterior access openings to above -
grade hoistways and shafts shall be clearly and per-
manently marked to indicate that such access opens on a
hoistway or shaft.
N. Combustible cooling towers. Access to combustible_. cooling
towers shall -not be obstructed for fire fighting.
® O. Swimming pools.
(1) Swimming pool disinfection and auxiliary equipment
using materials capable of giving off irritating, toxic
or flammable fumes shall be maintained in safe
operating condition. Such materials shall be stored in
a dry, ventilated area.
4523 8-25-80
§ 45-203 SOUTHOLD CODE 1 § 45-204
(2) Buildings or rooms used for storage of chlorine gas
shall be labelled with a clearly legible and conspicuous
sign stating: DANGER - NO SMOKING -
CHLORINE GAS STORAGE.
P. Sewage and storm drainage. Volatile, flammable liquids
and substances which will produce explosive mixtures shall
not be discharged into sewage and storm drainage •
systems.
Q. Commercial ovens. Controls for ventilation, fuel, tem-
perature and conveyors shall be maintained in safe
operating condition.
§ 45-204. Special property uses or conditions.
A. General requirements.
(1) This section provides regulations for public safety
from the hazards of fire which may result from special
property uses or conditions.
(2) These regulations apply in addition to other applicable
regulations of this Article.
B. Places .of assembly.
(1) The maximum'number of occupants permitted within
places of assembly shall be established by the
authority having jurisdiction and shall be con-
spicuously posted in each such space and shall not be
exceeded.
(2) No decorative material shall.be used which, as applied,
will ignite and allow flame to spread over the surface
or will allow burning particles to drop.
(3) Screens for projection 'of pictures shall be of non-
combustible materials or materials treated to be fire
resistant.
(4) No apparatus in which combustible or flammable fluid
is used in the preparation of foods, refreshments or
other materials shall be permitted in a lobby, foyer or
auditorium of a place of assembly.
4524 - , 8-25-80
§ 45-204 FIRE PREVENTION § 45-204
C. Service stations and garages.
(1) Storage and handling of motor vehicle fuel.
(a) Motor vehicle fuel storage shall not be permitted
within a service station or garage containing a
pit, basement or depressed area, unless adequate
® ventilation is provided to prevent the ac-
cumulation of flammable vapors.
(b) Handling of motor vehicle fuel in open containers
is prohibited.
(c) Portable containers for motor vehicle fuel shall be
made of metal or suitable unbreakable material.
Such containers shall have a spring- or screw-type
cover with a spout or other design to prevent
spilling when poured.
(2) Dispensing of motor vehicle fuel.
(a) Dispensers shall be maintained to prevent
leakage or accidental discharge.
(b) Remote master control devices, to shut off all
pumps in the event of an emergency, shall be
accessible and properly identified as pump
shutoff controls.
(c) Dispenser hoses shall be of a type with automatic
self-closing nozzles.
(d) Impact valves, which close automatically in the
event of fire or severe impact, shall be maintained
in safe operating condition.
(e) Fuel shall not be dispensed unless the motors of
vehicles receiving fuel are shut off.
(f) Smoking shall be prohibited in areas where motor
vehicles are fueled or serviced.
(g) Portable fire extinguishers of an appropriate type
shall be provided at service stations and garages
dispensing motor vehicle fuel.
4525 8-25-80
§ 45-204 SOUTHOLD `-CODE § 45-204
D. Abandonment or removal of underground tanks.
(1) Underground tanks rendered out of service shall be
made safe by capping the fill line, gauge opening and
pump suction and securing against tampering.
(2) Underground tanks abandoned in place shall be made
safe by removing flammable or combustible liquid •
from the tank and connecting lines, disconnecting the
suction, inlet, gauge and, vent lines, filling the tank
completely with an inert, solid material and capping
the remaining underground piping.
(3) Underground tanks removed from their location shall
be made safe by removing flammable or combustible
liquids from the tank and connecting lines, discon-
necting the suction, inlet, gauge and vent lines,
removing sections of connecting lines not to be used
further and capping or plugging. inlets, outlets and
leaks, if any.
(4) Underground tanks disposed of as junk shall be
rendered free of hazardous vapors.
(5) Underground tanks which have been removed shall
not be reinstalled until the tanks have been ap-
propriately cleaned, repaired if necessary, tested and
made corrosion -resistant.
E. Dry-cleaning plants.
(1) General requirements.
(a) This section shall apply to dry-cleaning plants,
including coin-operated self-service establish-
ments, using solvents classified as nonflammable. •
(b) Dry-cleaning plants using combustible or
flammable liquids in quantities exceeding four (4►
gallons [fifteen and one-tenth (15.1) liters] shall
comply with applicable provisions of Article III.
4526 B-25-80
§ 45-204 FIRE PREVENTION § 45-204
(2) Ventilation. Exhaust systems shall be maintained so
as to adequately limit solvent vapor concentration
within the plant.
(3) Pumps and piping. Pumps, pipes, valves, fittings and
solvent -handling equipment shall be maintained free
from leaks.
(4) Spotting operations. Flammable or combustible
liquids used for spotting operations shall be in safety
cans of not more than one (1) gallon's capacity with an
aggregate amount not exceeding four (4) gallons
[fifteen and one-tenth (15.1) liters]. Flammable or
combustible liquids shall be prohibited in coin-
operated self-service establishments.
F. Bowling establishments.
(1)
Lane resurfacing operations shall be carried on in a
safe manner and shall ' not be carried on while the
establishment is open for business. During such
operations, proper ventilation shall be provided;.
heating, ventilating or cooling systems employing
recirculation of air shall not be operated; electric
motors or other equipment which might be a source of
ignition shall be shut down; and smoking shall be
prohibited.
(2)
Pin refinishing operations involving the application of
flammable finishes shall be conducted in a room
designed for this type of operation and under con-
ditions conforming with the requirements of Sub-
section A of this section.
(3)
Power tools used in connection with resurfacing or
•
refinishing operations shall be effectively grounded or
of a double -insulated type. Safety receptacles shall be
used for storing and disposing of dust and other
residual matter from the operations of lathes and
sanding and buffing machines.
(4)
Flammable or combustible liquids for use in resur-
facing or refinishing operations shall be appropriately
4527 8-25-80
§ 45-204 SOUTHOLD CODE § 45-204
stored and shall'not exceed sixty (60) gallons [two
hundred twenty-seven (227) liters] of storage either in
original metal containers or in individual five (5)
gallons' [eighteen and nine -tenths (18.9) liters]
maximum capacity safety containers.
G. Lumberyards. •
(1) Lumber shall be stored in piles which are neat, stable
and appropriately spaced.
(2) Driveways between and around lumber piles shall be
wide enough to accommodate the apparatus of the
Fire Department rendering service and shall be
maintained free from accumulations of rubbish,
equipment and other articles or materials.'
H. Tents and air -supported structures.
(1) Tents and air -supported structures, including
decorative materials, shall be of flame -resistive
materials or materials treated to be fire-resistant.
(2) Operating pressure shall be maintained at the ap-
propriate level to assure structural stability and to
avoid excessive distortion during high wind or snow
loads.
(3) Doors shall not be left open under any condition
during high winds. Use of doors in air -supported
structures shall be controlled to avoid excessive air
loss.
(4) Hay, straw, shavings or similar combustible materials
shall be prohibited within any tent or air -supported
structure used for assembly other than that necessary
for the daily.feeding and care of animals. Sawdust and •
shavings may be used for a public performance or '
exhibit when kept damp. Combustible materials shall
not be permitted under stands or seats at any time.
The area within and adjacent to the tent or air -
supported structure shall be maintained clear of
flammable material or vegetation which may con-
stitute a fire hazard.
4528 8-25-80
§ 45-204
FIRE PREVENTION § 45-204
(5)
Open -flame devices shall not be allowed inside or
within twenty (20) feet [six and ten -hundredths (6.10)
meters] of the tent or air -supported structure.
I. Tire rebuilding plants.
(1)
Dust -collecting equipment for buffing operations shall
be maintained in safe operating condition.
(2)
Adequate ventilation shall be maintained in rooms
where rubber cement is used or mixed or where
flammable or combustible solvents are applied.
J. Vehicle wrecking yards, junkyards and waste material
handling plants.
(1)
Access for Fire Department equipment to yard areas,
including areas where stripped vehicles'. bodies are
stored, shall be unobstructed.
(2)
Where permitted, burning of wrecked or discarded
vehicles or any parts thereof or junk or any waste
material shall be performed in a safe manner.
(3)
In waste material -picking rooms, the exhaust system
for removal of dust and lint shall be maintained in
proper operating condition.
(4)
Fuel tanks in junked vehicles shall be drained, and fuel
shall be stored in containers conforming to § 45-
204C(1)(c).
K. Airports, heliports and helistops.
(1)
Repairing of aircraft requiring the use of open flames,
spark -producing devices or the heating of parts shall
be done in a safe manner.
• (2)
Landing areas on structures shall be maintained so as
to confine any flammable liquid spillage to the landing
area only, and provision shall be made to drain such
spillage away from exitways servicing the landing
area or from structures housing such exitways.
(3)
Refueling aircraft shall not be permitted on the
rooftop of any structure.
4529 8-25-80
§ 45-204 SOUTHOLD .CODE § 45-300
L. Piers, wharves and marine terminals.
(1) Covers for nozzle openings in the pier deck for sub-
structure fire protection shall be accessible and easily
removable.
(2) Combustible pier members shall be kept free of ex-
cessive oil accumulation. •
(3) Trusses, girders and other structural members shall be
maintained free of flammable dust.
M. Marinas and boatyards. Berthing and repairing, painting
and paint removal, welding, brazing, soldering and cutting,
fuel handling and boat storing shall be performed in a
manner which minimizes the hazards of fire.
N. General outdoor storage.
(1) Access to all portions of the storage area by Fire
Department equipment. shall be unobstructed.
(2) It shall be prohibited to use salamanders, braziers,
portable heaters or open fires in the area of stored
combustible material.
O. Gases in balloons. Flammable, oxidizing, toxic, corrosive
or reactive gases shall not be used to inflate balloons of any
size or type. For this purpose, air and inert gases lighter
than air are acceptable.
ARTICLE III
Materials
§ 45-300. Prevention of fire spread.
A. This Article is applicable to the prevention of fire spread
resulting from fire, explosion or release of toxic gases
arising from the storage, handling or use of combustible or
hazardous substances, materials or devices, to provide for
public safety and the protection of property therein and
thereabout.
4530 8,25-80
§ 45-300 FIRE PREVENTION § 45-301
B. Such material includes products with the following
characteristics:
(1) Burn with extreme 'rapidity;
(2) Produce dust subject to explosion or spontaneous
combustion;
• (3) Produce poisonous fumes or gases; or
(4) Explode.
§ 45-301. Flammable and combustible liquids and finishes.
A. General requirements.
(1) This section shall apply to:
(a) Flammable liquids, flash point below one hundred
degrees Fahrenheit (100° F.) [thirty-seven and
eight -tenths degrees Celsius (37.8° C.)]; and one
hundred degrees Fahrenheit (100° F.) [thirty-
seven and eight -tenths degrees Celsius (37.8°
C.H.
(2) Appropriate fire extinguishing equipment shall be
provided where flammable or combustible liquids are
stored, handled or used.
(3) Where flammable vapors are present, precautions
shall be taken to prevent ignition by eliminating or
controlling sources of ignition, which may include
open flames, lighting, smoking, cutting and welding,
hot surfaces, frictional heat, sparks (static, electrical
and mechanical), spontaneous ignition, chemical and
physical -chemical reactions and radiant heat.
(4) Containers having a capacity of ten (10) gallons
[thirty-seven and nine -tenths (37.9) liters] or more and
equipment used for flammable liquids shall be elec-
trically bonded or grounded during transfer of liquids.
(5) Mechanical ventilation to prevent the dangerous
accumulation of vapors and to remove such vapors to
4531 8-25-80
§ 45-301 SOUTHOLD CODE § 45-301
a safe location shall be maintained in safe operating
condition and shall not in itself constitute a fire haz-
ard.
(6) Cans or containers which contain flammable liquids
and are offered for sale shall comply with § 45-
204C(1)(c), shall be provided with a warning label. •
painted or printed on the container stating that the
contents are flammable and shall be kept away from
heat or open flame.
B. Storage tanks.
(1) Storage tanks above ground shall rest on supports
that are in a structurally sound condition and
protected against loss of structural stability by heat' or
fire.
(2) Storage tanks located in areas subject to traffic shall
be protected against vehicle damage.
(3) Storage tanks shall not be in a damaged or leaking
condition.
(4) Pressure relief devices on storage tanks shall be
maintained in safe operating condition so as to relieve
excessive internal pressure.
C. Portable tanks and containers. Storage of flammable and
combustible liquids in portable tanks and containers, other
than those of motor vehicles, shall be limited in group
occupancy classifications as follows:
(1) Group Al (including attached and detached garages):
Storage in excess of six and one-half (61/2) gallons
[twenty-four and six -tenths (24.6) liters] of flammable
liquids or sixty (60) gallons [two hundred twenty- •
seven (227) liters] of combustible liquids shall be
prohibited.
(2) Groups B1, B3 and C5 (except schools, colleges and
similar places of education): Storage in excess of ten
(10) gallons [thirty-seven and nine -tenths (37.9) liters]
4532 8-25-80
§ 45-301 FIRE PREVENTION § 45-301
of flammable liquids or sixty (60) gallons [two hun-
dred twenty-seven (227) liters] of combustible liquids
shall be prohibited.
(3) Groups C1, C5 (schools, colleges and similar places of
education) and C6: Storage shall be limited to that
• required for the operation of office equipment,
maintenance, demonstration, treatment and
laboratory work. All liquids in laboratories and at
other points of use shall meet the following storage
provisions:
(a) A container for flammable liquids shall be a
safety can not exceeding two (2) gallons' [seven
and fifty-eight hundredths (7.58) liters] capacity.
(b) Not more than twenty-five (25) gallons [ninety-
four and six -tenths (94.6) liters] of flammable
liquids shall be stored in safety cans outside of an
interior storage room or storage cabinet.
(c) Not more than sixty (60) gallons [two hundred
twenty-seven (227) liters] of combustible liquids
shall be stored outside of an interior storage room
or storage cabinet.
(d) Quantities of flammable and combustible liquids
in excess of those set forth in this section shall be
stored in an appropriate storage room or storage
cabinet.
(4) Group C2:
(a) Containers in a display area shall not be stacked
more than three (3) feet [ninety-one hundredths
•
(0.91) meter] or two (2) containers high,
whichever is the greater, unless on fixed metal-
shelving
etalshelving or otherwise secured. .
(b) Shelving shall be of stable metal construction of
sufficient depth and arrangement that containers
displayed thereon will not be easily displaced.
4533 s-25-80
§ 45-301 SOUTHOLD CODE § 45-301
(c) Leaking containers shall be removed toa safe
location outside the building and the contents
transferred to an undamaged container.
(5) Group C4: Storage piles shall be. no closer than
three (3) feet [ninety-one hundredths (0.91) meter] to
the nearest beam, chord, girder or other obstructions •
and shall be three (3) feet [ninety-one hundredths.
(0.91) meter]. below sprinkler deflectors or discharge
orifices of water' spray or- other overhead fire
protection systems, and aisles at least three (3) feet
[ninety-one hundredths (0.91) meter] wide shall be
provided where necessary for access to doors, windows
or standpipe connections.
D. Dip tanks.
(1) Dip tanks and their supports shall be maintained in a
safe and structurally sound condition.
(2) Covers shall be kept closed when tanks are not in use.
(3) Area's in the vicinity of dip tanks shall be kept free of
combustible debris.
(4) Waste or rags .used in connection with .dipping
operations shall be deposited in self-closing metal cans
after use.
(5) Ventilating system interlocks shall be maintained -so
that the failure of the ventilating fan shall
automatically stop any dipping conveyor system.
(6) Dip tanks utilizing a conveyor system shall be so
arranged that in the event of fire, the conveyor system
shall automatically cease motion and bottom drains •
shall open.
E. Spray finishing.
(1) The floor of the spray booth and operators' working
area shall be covered with noncombustible material to
facilitate the safe cleaning and removal of residues.
4534 8-25-86
§ 45-301 FIRE PREVENTION § 45-301
(2) Spray booths shall be readily accessible on all sides for
cleaning. The area shall be kept free from storage or
combustible construction.
(3) Discarded filter pads and filter rolls shall be removed
to a safe, well -detached location or placed in a water -
filled metal container.
• (4) Fixtures for illumination shall be of a fixed ex-
plosionproof type and shall be properly protected to
prevent ignition of vapor oil residue.
F. Electrostatic apparatus.
(1) This section shall apply to electrostatic equipment
used in connection with paint -spraying operations.
(2) Transformers, power packs, control apparatus and
other electrical portions of the equipment, with the
exception of high voltage grids and electrostatic
atomizing heads and their connections, shall be
located outside the spraying or vapor areas.
(3) A space of at least twice the sparking distance shall be
maintained between goods painted and fixed elec-
trodes, electrostatic atomizing heads or conductors. A
suitable sign stating the sparking distance shall be
_conspicuously posted near the assembly.
(4) Power disconnects and ventilation interlocks shall be
maintained in safe operating condition.
(5) . Booths, fencing, railings or guards shall be placed
about the equipment so that a safe isolation of the
process is maintained. Such enclosures shall be of
conductive material suitably grounded.
(6) Signs shall be posted designating process zones as a
fire hazard.
(7) Insulators, drip plates and screens shall be kept clean
and dry.
G. Dry cleaning.
(1) This section shall apply to dry-cleaning plants using
solvents, classified as flammable or combustible, in
4535 8-25-80
§ 45-301 SOUTHOLD CODE § 45-302
excess of four (4) gallons [fifteen and one-tenth (15.1)
liters].
(2) Pumps, pipes, valves, fittings and solvent -handling
equipment shall be maintained free from leaks.
(3) Emergency drainage system shall be maintained in
safe operating condition. •
(4) Dry-cleaning equipment shall be electrically grounded.
(5) Stills shall be maintained liquidtight and gastight.
H. Automobile undercoating. Automobile undercoating spray
operations which utilize materials having a flash point less
than one hundred degrees Fahrenheit (100° F.) [thirty-
seven and eight -tenths degrees Celsius (37.8° 'C.)] shall
comply with the applicable provisions of § 45-301A.
§ 45-302. Combustible fibers.
A. General requirements.
(1) This section shall apply to readily ignitable and free -
burning industrial fibers, such as cotton, sisal, jute,.
hemp, oakum, baled waste, baled wastepaper, kapok,
straw, excelsior, synthetic fibers and other like
materials, but shall not be applicable to nonresidential
farm buildings.
(2) Portable fire extinguishers of an appropriate type
shall be provided in storage areas.
(3) Smoking and the carrying of lighted cigarettes, pipes
and cigars is prohibited in areas containing com-
bustible fibers. •
(4) Not less than three (3) feet [ninety-one hundredths
(0:91) meter] clearance shall be maintained between
tops of piles and sprinkler heads or ceiling, whichever
is lower.
(5) Combustible 'fibers shall be stored with adequate
clearance from adjacent construction to allow for
expansion when set.
4536 8-25-80
§ 45-302 FIRE PREVENTION § 45-302
(6) Trucks or automobiles, other than appropriate in-
dustrial tractors and mechanical handling equipment,
shall not enter any industrial fiber storage room or
building, but may be used at loading platforms.
B. Loose storage.
• (1) Loose combustible fibers not in suitable bales or
packages, whether housed or in the open, shall not be
stored within one hundred (100) feet [thirty and five -
tenths (30.5) meters] of a building except as hereafter
specified.
(2) Quantities less than one hundred (100) cubic feet [two
and eighty-three hundredths (2.83) cubic meters] of
loose combustible fibers may be kept in a building,
provided that storage is in a metal or metal -lined bin
equipped with a self-closing cover.
(3) Quantities exceeding one hundred (100) cubic feet [two
and eighty-three hundredths (2.83) cubic meters] of
loose combustible fibers, but not exceeding five
hundred (500) cubic feet [fourteen and two-tenths
(14.2) cubic meters], shall be stored in appropriate
rooms or compartments with appropriate doors, to
minimize fire hazard.
(4) Quantities exceeding five hundred (500) cubic feet
[fourteen and two-tenths (14.2) cubic meters] of loose
combustible fibers shall be stored in appropriate
vaults located inside or outside buildings.
C. Baled storage. No single block or pile shall contain more
than twenty-five thousand (25,000) cubic feet [seven
hundred eight (708) cubic meters] of fiber. Blocks or piles
• of baled fiber shall be separated from adjacent storage by
aisles not less than five (5) feet wide [one and fifty-two
hundredths (1.52) meters] or by appropriate fire barriers of
noncombustible material.
D. Dust.
(1) This section shall apply to dust consisting of
pulverized particles of any material which, if mixed
4537 8-25-80
§ 45-302 SOUTHOLD CODE § 45-303
with air in the proper proportions, becomes explosive
or may be ignited by a flame or spark.
(2) Portable fire extinguishers of an appropriate type
shall be provided in dust -producing and dust -handling
areas.
(3) Smoking and the carrying of matches or cigarette and •
cigar lighters is prohibited in areas containing dust -
producing or dust -handling operations.
(4) The use of an open -flame device or spark -producing
equipment is prohibited in areas containing dust -
handling operations.
(5) Equipment used to prevent the entrance of foreign
materials which may cause sparks to be generated
shall be maintained in safe operating condition.
(6) Machinery and metal parts of crushing, drying,
pulverizing and conveying systems shall be elec-
trically grounded.
(7) The accumulation of dust in quantities sufficient to
create a fire or explosion hazard on electric motors,
walls, ledges or other interior surfaces or on the roof of
a building on which dust may settle is prohibited.
(8) Dust collection systems shall be maintained so as to
prevent hazardous accumulations of dust.
(9) Casings and enclosures for dust -producing or dust -
handling machinery and conveyors shall be main-
tained dusttight.
§ 45-303. Hazardous chemicals.
A. General requirements.
(1) This section shall apply to corrosive liquids, flam-
mable solids (such as white phosphorus, metallic
sodium and potassium, and zirconium powder), highly
toxic material, oxidizing material, poisonous gas,
4538 8-25-80
§ 45-303 FIRE PREVENTION § 45-303
radioactive material and unstable chemicals (such as
nitromethane and ammonium nitrate).
(2) Chemicals that in combination with other .substances
may cause a fire or explosion or may liberate a
flammable or poisonous gas shall be separately stored
in a safe manner.
• (3) Defective containers which permit leakage or spillage
shall be prohibited. No spilled materials shall be
allowed to accumulate on floors or shelves.
(4) Containers or packages for retail trade shall be stored
neatly and orderly, and shelves shall be of substantial
construction.
B. Corrosive liquids.
(1) Corrosive liquids shall include liquids that cause
destruction of human skin tissue or have a severe
corrosion rate on steel or aluminum.
(2) Provisions for containing and neutralizing or safely
flushing away leakage of corrosive liquids which may
occur during storage, handling or use shall be
maintained in safe operating condition.
C. Flammable solids.
(1) Flammable solids shall include any solid material,
other than an explosive, which is liable to cause, fires
through friction, absorption of moisture, spontaneous
chemical changes, 'retained heat from manufacturing
or processing or which can be ignited readily and when
ignited burns so vigorously and persistently as to
create a serious hazard.
• (2) Flammable solids shall be stored, handled and used in
a manner which will minimize fire hazard. For
requirements of storage, handling and use of com-
bustible metals, see § 45-311.
D. Highly toxic materials.
(1) Drainage facilities and natural or mechanical ven-
tilation for rooms in which highly toxic materials are
4539 8-25-80
§ 45-303 SOUTHOLD CODE § 45-303
stored, handled or used shall be maintained in safe
operating condition.
(2) Legible, clearly visible warning signs and placards
stating the nature and location of the toxic materials
shall be posted at entrances to areas where such
materials are stored, handled or used.
E. Oxidizing materials. •
(1) Oxidizing materials shall include a substance that
yields oxygen readily to stimulate the combustion of
organic matter.
(2) Packaged oxidizing materials shall be stored in dry
locations and separated from stored organic and other
combustible materials.
(3) Bulk oxidizing materials shall not be stored on or
against wooden surfaces.
F. Poisonous gases.
(1) Poisonous gases shall include gases of such nature
that a very small amount of the gas mixed with air is
dangerous to life.
(2) Storage of poisonous gases shall be in rooms having
natural or mechanical ventilation adequate to remove
leaking gas. Such ventilation shall not discharge to
a point where the gases may be a hazard.
(3) Legible, clearly visible warning signs stating the
nature of the hazard shall be placed at entrances to
locations where poisonous gases are stored or used.
G. Radioactive materials.
(1) Radioactive materials shall include any material or •
combination of materials that spontaneously emits
ionizing radiation, having a specific activity greater
than two -thousandths (0.002) microcuries per gram.
(2) Legible, clearly visible signs warning of radiation
dangers shall be placed at entrances to areas or rooms
4540 8-25-80
§ 45-303
FIRE PREVENTION § 45-304
where radioactive materials are used or stored. In
addition, each container in which radioactive materials
are used or stored shall bear a radiation symbol.
(3)
When not in use, radioactive materials shall be kept in
adequately shielded fire-resistant containers of such
design that the gamma radiation will not exceed two
•
hundred (200) milliroentgens per hour or equivalent at
any point of readily accessible surface.
H. Unstable chemicals.
(1)
Unstable chemicals shall be stored in appropriate
containers so as to minimize breakage, leakage or
rupture of containers upon exposure to heat or water
which may result in fire, explosion or other dangerous
reaction.
(2)
Unstable chemicals shall not be stored in basements or
below ground level.
(3)
Open lights or flames and smoking shall be prohibited
in or near storage areas.
(4) Unstable chemicals shall be kept away from heat -
producing appliances and electrical devices and shall
be protected from external heat.
(5) Electric bulbs shall be equipped with guards to
prevent breakage.
(6) Internal-combustion motor vehicles or lift trucks shall
not be parked or stored in the room or compartment
where such chemicals are located.
§ 45-304. Compressed gases.
A. General requirements.
(1) This section shall apply to gases in a state exceeding
fifty-five (55) pounds per square inch [three hundred
seventy-nine (379) kilopascals] gauge pressure at
seventy degrees Fahrenheit (70° F.) [twenty-one and
one-tenth degrees Celsius (21.1° C.)], or one hundred
nineteen (119) pounds per square inch [eight hundred
4541 8-25-80
§ 45-304 SOUTHOLD CODE § 45-304
twenty-one (821) kilopascals] gauge pressure at one
hundred thirty degrees Fahrenheit (130° F.) [fifty-four
and four -tenths degrees Celsius (54.4° C.)] and in-
cludes bulk oxygen, hydrogen, flammable anesthetics,
nonflammable medical gases and anhydrous ammonia.
(2) Compressed gas cylinders in storage or in service shall •
be secured to prevent falling or being upset and shall
be protected against tampering by unauthorized
persons.
(3) Cylinders, pressure vessels or containers shall be
identified as .to the gas contained therein.
(4) Storage tanks and cylinders located in areas subjected
to traffic shall be protected against vehicle damage.
B. Bulk oxygen.
(1) Bulk storage quantities.
(a) Bulk oxygen storage systems shall include
oxygen stored in the following quantities:
[1] More than thirteen thousand (13,000) cubic
feet [three hundred sixty-eight (368) cubic
meters] connected in service or ready. for
service; and
[2] More than twenty-five thousand (25,000)
cubic feet [seven hundred eight (708) cubic
meters] including unconnected reserves on
hand at the site.
(b) Bulk oxygen storage systems shall be deemed to
terminate at the point where oxygen at the
service pressure first enters the supply line. •
(2) Bulk oxygen storage systems shall be located above
ground out of doors or shall be installed in a building
or noncombustible construction, adequately vented
and used for that purpose exclusively.
(3) Bulk oxygen storage system locations shall be per-
manently I placarded to indicate OXYGEN " - NO
4542 8-25-80
§ 45-304 FIRE PREVENTION § 45-304
SMOKING - NO OPEN FLAMES or an equivalent
warning. Smoking or open flames in such locations
shall be prohibited.
(4) Bulk oxygen storage systems shall not be located
beneath electric power lines or close to piping for
flammable or combustible liquids or piping for other
flammable gases.
(5) Bulk oxygen storage systems near aboveground
flammable or combustible liquid storage, indoors or
outdoors, shall be located on ground higher than the
flammable or combustible liquid storage except when
dikes, diversion curbs, grading or separating solid
walls are used to prevent accumulation of such liquids
under the bulk oxygen storage system.
(6) Legible operating instructions shall be maintained at
locations which require operation of equipment by the
user.
(7) The area within fifteen (15) feet [four and fifty-seven
hundredths (4.57) meters] of any bulk oxygen storage
container shall be kept free of weeds, dry vegetation
and combustible material.
C. Hydrogen.
(1) This section shall apply to hydrogen which is
delivered, stored and discharged to consumer piping
and shall be deemed to terminate at the point.where
hydrogen first enters the consumer distribution
piping.
(2) The hydrogen storage location shall be permanently
placarded as follows: HYDROGEN - FLAMMABLE
GAS - NO SMOKING - NO OPEN FLAMES or
equivalent. Smoking or open flame in such locations
shall be prohibited.
(3) Mobile hydrogen supply units shall be electrically
bonded to the system before discharging hydrogen.
'4543 8-25-80
§ 45-304 SOUTHOLD CODE § 45-304
(4) Hydrogen systems shall not be located beneath
electric power lines or close to piping for flammable
liquids or piping for other flammable gases.
(5) Hydrogen systems near aboveground flammable
liquid storage shall be located on ground higher than
the flammable liquid storage except when dikes,
diversion curbs, grading or separating solid walls are
used to prevent accumulation of such liquids under the
hydrogen system.
(6) The area within fifteen (15) feet [four and fifty-seven
hundredths (4.57) meters] of .any hydrogen container
shall be kept free of weeds, dry vegetation and
combustible material.
D. Flammable anesthetics.
(1) Flammable anesthetics shall include cyclopropane,
divinyl ether, ethyl chloride, ethyl ether, trifluoro-
ethyl ether and ethylene.
(2) Extreme caution shall be observed in areas where
flammable anesthetics are used so as to prevent
electric sparks or discharge of static electricity.
(3) Smoking, open flames or hot materials in excess of one
hundred: eighty degrees Fahrenheit (180° F.) [eighty-
two and two-tenths degrees Celsius (82.2° C.)] shall be
prohibited in areas containing flammable anesthetics.
(4) Piping systems shall not be used.
E. Nonflammable medical gases.
(1) Nonflammable medical gases are gases for therapeutic •
purposes and include oxygen, nitrous oxide, medical
compressed air, carbon dioxide, helium, nitrogen and
mixtures of such gases when used for medical pur-
poses.
(2) Storage locations for oxygen and nitrous oxide shall
be kept free of flammable materials.
4544 8-25-80
§ 45-304 FIRE PREVENTION § 45-305
(3) The main supply line for piping systems shall be
provided with an identified shutoff valve so located as
to be accessible in an emergency.
(4) Smoking shall be prohibited in supply system en-
closures.
F. Anhydrous ammonia.
(1) Anhydrous ammonia containers shall be located
outside of buildings or, if within buildings, shall be
located in areas especially intended for this purpose.
(2) Anhydrous ammonia containers shall be located at
least fifty (50) feet [fifteen and two-tenths (15.2)
meters] from a dug well or other sources of potable
water supply, unless the container is a part of a water
treatment installation.
(3) The area surrounding a refrigerated ammonia tank or
group of tanks shall be provided with drainage or shall
be diked to prevent accidental discharge of liquid from
spreading to uncontrolled areas.
§ 45-305. Explosives, ammunition and blasting agents.
A. This section shall apply to explosives, ammunition,
blasting agents and pyrotechnics, except that nothing in
this section shall be construed as applying to:
(1) Such material used by the Armed Forces of the United
States or the State Militia.
(2) Explosives in forms prescribed by the official United
• States Pharmacopoeia.
(3) Fireworks.
(4) Small arms ammunition or special industrial explosive
devices for personal or industrial use.
(5) Twenty (20) pounds [nine and seven -hundredths (9.07)
kilograms] or less of smokeless propellant and ten
4545 8-25-80
§ 45-305 SOUTHOLD CODE § 45-305
thousand (10,000) or less small arms primers for hand
loading of small arms ammunition for personal use.
(6) Fifteen (15) pounds [six and eighty -hundredths (6.80)
kilograms] or less of explosives or'blasting agents,
exclusive of smokeless propellants, in educational,
governmental or industrial laboratories for instruction •
or research purposes when under direct supervision of
experienced competent persons.
(7) Explosives, ammunition and blasting agents of the
United States Bureau of Mines, the Federal Bureau of
Investigation, the United States Secret Service and
police and fire departments acting 'in their official
capacity.
B. Appropriate fire extinguishing equipment shall be
provided where explosives, ammunition or blasting agents
are manufactured or stored.
C. Smoking, matches, . spark -producing devices and open
flames shall be prohibited where explosive material is
stored, handled or used, and within fifty (50) feet [fifteen
and two-tenths (15.2) meters] of magazines.
D. Explosive material, including special industrial explosive
materials and any newly developed and unclassified ex-
plosive, shall be stored in magazines. This shall not be
construed as applying to wholesale and retail stocks of
small arms ammunition, fuse lighters, fuse igniters and
safety fuses in quantities involving less than five hundred
(500) pounds [two hundred twenty-seven (227) kilograms]
of explosive material; nor shall it apply to explosive -
actuated power devices when employed in construction
operations in populated areas, in quantities involving less
than fifty (50) pounds [twenty-two and seven -tenths (22.7) •
kilograms] of explosive material.
E. Magazines shall be located an appropriate distance from
buildings, structures, railroads and highways com-
mensurate with the type and quantity of explosives stored.
4546 8-25-80.
§ 45-305 FIRE PREVENTION § 45-305A
F. Magazines shall be kept locked except when being in-
spected or when explosives are being placed therein or
being removed therefrom.
G. Magazines shall be kept clean, dry and free of grit, paper,
empty packages and rubbish.
H. Combustible materials shall not be stored within fifty (50)
feet [fifteen and two-tenths (15.2) meters] of magazines.
I. The land surrounding magazines shall be kept clear of
brush, dried grass, leaves, trash and debris for a distance of
at least twenty-five (25) feet [seven and sixty-two hun-
dredths (7.62) meters].
J. Blasting caps, electric blasting caps, detonating primers
and primed cartridges shall not be stored in the same
magazine with other explosives.
K. Blasting agents separate from explosives shall be stored in
an area free from debris and empty containers. Spilled
material shall be cleaned up promptly and safely removed.
L. Sale or display of explosives or blasting agents on high-
ways, sidewalks, public property or in places of assembly is
prohibited.
M. Explosives shall not be transported on public conveyances.
N. Vehicles used for transporting explosives shall be of an
appropriate type, marked or placarded with the word
EXPLOSIVES and provided with at least one (1) suitable
fire extinguisher. Smoking, carrying matches, flame -
producing devices, firearms or loaded cartridges shall be
prohibited while in or near a vehicle transporting ex-
plosives.
•
§ 45-305A. Fireworks.
Requirements for fireworks shall be governed by §§ 270.00 and
405.00 of the Penal Law of the State of New York.
4547 8-25-80
§ 45-306 SOUTHOLD CODE § 45-306
§ 45-306. Material for welding and cutting.
A. General requirements. This section shall apply to oxygen
and fuel gas such as acetylene, hydrogen, natural gas,
liquefied petroleum gas and other gases which are used for
oxy-fuel gas welding or cutting, electric arc welding or
cutting and acetylene generators and calcium carbide.
B. Welding and cutting.
(1) Appropriate fire extinguishing equipment shall be
provided where welding or cutting is to be performed.
Sprinklers subject to fusing from heat due to welding
or cutting shall be temporarily shielded with valves to
remain open.
(2) Welding or cutting shall not be performed in or near
rooms or locations where flammable gases, liquids or
vapors, lint, dust or loose combustible stocks are
present unless suitably protected when sparks or hot
metal from the welding or cutting operations may
cause ignition or explosion of such materials.
(3) Welding or cutting shall not be performed on con-
tainers and equipment which contain or have con-
tained flammable liquids, gases or solids until these
containers and equipment have been thoroughly
cleaned or inerted or purged.
(4) When welding or cutting operations are performed
above or within thirty-five (35) feet [ten and seven -
tenths (10.7) meters] of combustible construction or
material exposed to the operation or within thirty-five
(35) feet [ten and seven -tenths (10.7) meters] of floor,
ceiling or wall openings, the following shall be
provided:
(a) Combustible construction or material shall be
wetted down or protected by noncombustible
shields or covers from possible sparks, hot metal
or oxide;
(b) Floor, ceiling or wall openings shall be protected
by noncombustible shields or covers; and r
4548 8-25-80
1
L
§ 45-306 FIRE PREVENTION § 45-306
(c) A fire watcher shall be provided to watch for fires,
make use of portable fire extinguishers or fire
hose and perform similar fire prevention and
protection duties. The fire watcher shall remain
for at least thirty (30) minutes after the welding
or cutting operations have been completed to
0 ensure that no fire exists.
C. Oxy -fuel gas welding and cutting.
(1) Fuel gas cylinders stored inside of buildings, except
those in actual use or attached ready for use, shall be
limited to a total capacity of two thousand (2,000)
cubic feet [fifty-six and six -tenths (56.6) cubic meters]
of gas or three hundred (300) pounds [one hundred
thirty-six (136) kilograms] of liquefied petroleum gas.
Storage exceeding two thousand (2,000) cubic feet
[fifty-six and six -tenths (56.6) cubic meters] total gas
capacity of cylinders or three hundred (300) pounds
[one hundred thirty-six (136) kilograms] of liquefied
petroleum gas shall be in a separate room, or cylinders
shall be stored outside or in a separate building.
(2) Oxygen cylinders stored inside buildings shall be
separated from fuel gas cylinders or combustible
materials by a minimum distance of twenty (20) feet
[six and ten -hundredths (6.10) meters] or by an ap-
propriate noncombustible barrier.
(3) Cylinders stored inside of buildings shall be located
where they will not be exposed to excessive rise in
temperature, physical damage or tampering by
unauthorized persons. -
• (4) Separate rooms or buildings for fuel gas storage shall
be ventilated, and heating shall be by indirect means.
(5) Where caps are provided for valve protection, such
caps shall be in place except when cylinders are in
service or connected ready for service. Empty
cylinders shall have their valves closed while in
storage.
4549 - -8-25-80
§ 45-306 SOUTHOLD CODE § 45-306
(6) Pressure regulators, valves and hose shall`be main-
tained gastight and in safe operating condition and,
when used for oxygen, shall be kept free from oil or
grease.
(7) The use of liquid acetylene is prohibited.
(8) The aggregate capacity of fuel gas cylinders connected •
to one (1) manifold inside a building shall not exceed
three thousand (3,000) cubic feet [eighty-five and zero -
tenths (85.0) cubic meters] of gas or three hundred
(300) pounds [one hundred thirty-six (136) kilograms]
of liquefied petroleum gas. More than one (1) such
manifold may be located in the same room, provided
that the manifolds are at least fifty (50) feet [fifteen
and two-tenths (15.2) meters] apart.
(9) A fuel gas manifold connected to cylinders having an
aggregate capacity of more than three thousand
(3,000) cubic feet [eighty-five and zero -tenths (85.0)
cubic meters] of gas or three hundred (300) pounds
[one hundred thirty-six (136) kilograms] of liquefied
petroleum gas shall be located outside, in a separate
building or in a separate room.
(10) The aggregate capacity of oxygen cylinders connected
to one (1) manifold inside a building shall not exceed
six thousand (6,000) cubic feet [one hundred seventy
(170) cubic meters]. More than one (1) such manifold
may be located in the same room, provided that the
manifolds are at least fifty (50) feet [fifteen and two-
tenths (15.2) meters] apart.
(11) An oxygen manifold connected to cylinders having
an aggregate capacity of more than six thousand •
(6,000) cubic feet [one hundred seventy (170) cubic
meters] shall be located outside, in a separate building
or in a separate room.
D. Electric arc -welding and cutting.
(1) The frame .or case of electric arc -welding or cutting
machines, except internal -combustion -engine -driven
4550 8-25-80
§ 45-306 FIRE PREVENTION § 45-306
machines, 'shall be grounded. Ground connections
shall be mechanically strong and electrically adequate.
(2) When not in use, electric arc -welding or cutting
equipment shall be disconnected from the power
source.
•
E. Acetylene generator houses and rooms.
(1) Buildings in which acetylene generators are located
shall not exceed one (1) story in height, except that
they may be installed on the top floor or roof of a
multi- or single -story building. Generators shall be
enclosed in a separate room.
(2) Explosion venting for generator houses and generator
rooms shall be provided and arranged in a manner so
as not to be a hazard to life or property. Adequate
ventilation shall be maintained.
(3)
Heating shall be by indirect means. Heating by flame
or fire shall be prohibited.
(4)
Electrical wiring and equipment in generator houses
or generator rooms shall be maintained in safe
operating condition.
(5)
Sources of ignition shall be prohibited in generator
houses or generator rooms.
(6)
Operating .instructions shall be posted in a con-
spicuous place near the generator or kept in a suitable
place available for ready reference.
F. Calcium carbide storage.
(1)
Calcium carbide shall be contained in appropriate
packages equipped with a screw top or equivalent and
be water- and airtight. Packages shall be con-
spicuously marked CALCIUM CARBIDE -
DANGEROUS IF NOT KEPT DRY or with
equivalent warning.
(2)
Storage of calcium carbide inside buildings shall be in
a dry, waterproof and well -ventilated location.
4551 8-25-80
§ 45-306 SOUTHOLD CODE § 45-307
(3) Calcium carbide not exceeding six hundred (600)
pounds [two hundred seventy-two (272) kilograms]
may be stored inside buildings or in the same room
with fuel gas cylinders.
(4) Calcium carbide exceeding six hundred (600) pounds
[two hundred seventy-two (272 kilograms] but not •
exceeding five thousand (5,000) pounds [two thousand
two hundred sixty-eight (2,268) kilograms] shall be
stored in - an inside generator room or an outside
generator house or in a separate room in a one-story
building which may contain' other occupancies, but
without cellar or basement beneath the carbide
storage section. These rooms shall be used for no other
purposes.
(5) Calcium carbide in excess of five thousand (5,000)
pounds [two thousand two hundred sixty-eight (2,268)
kilograms] shall be stored in appropriate one-story
buildings without cellar or basement and used for no
other purpose or in appropriate outside generator
houses.
(6) Calcium carbide in unopened metal containers may be
stored outdoors. Storage areas shall, be at least ten
(10) feet [three and five -hundredths (3.05) meters]
from adjoining property.
§ 45-307. Fumigants and thermal insecticidal fogging liquids.
A. This section shall apply to substances such as methyl
bromide, ethylene dibromide, hydrogen cyanide, carbon
disulphide and sulfuryl fluoride, which by themselves or mi
combination with other substances emit or liberate gases, •
fumes or vapors used for the destruction or control of
insects, fungi, vermin, germs, rodents or other pests, and
shall be distinguished from insecticides and disinfectants
which are essentially effective in the solid or liquid phases.
B. Fires, open flames, smoking or other sources of ignition
shall be prohibited in the space under fumigation or
4552 8-25-80,
§ 45-307 FIRE PREVENTION § 45-308
thermal insecticidal fogging. Heating shall be by indirect
means with steam or hot water. Electricity shall be shut
off, except for fans which shall be operated in a manner
which will not create an ignition hazard.
C. Warning signs indicating the danger, type of chemical to
• be used and recommended precautions shall be posted at
entrances to premises where fumigants will be used.
D. It is prohibited to use thermal insecticidal fogging liquids
having a flash point below one hundred degrees Fahrenheit
(100° F.) [thirty-seven and eight -tenths degrees Celsius
(37.8° C.)]
E. For thermal insecticidal fogging indoors, not more than
one (1) gallon of insecticide shall be used for each fifty
thousand (50,000) cubic feet [one thousand four hundred
sixteen (1,416) cubic meters] of space. Fog shall not be
directed against combustible objects or materials.
§ 45-308. Fruit -ripening gas.
A. This section shall apply to ethylene gas used in fruit
ripening.
B. Appropriate fire extinguishing equipment shall be
provided where ethylene gas is stored, handled or used.
C. Containers other than those connected for use shall be
stored outside or in a special building, except that not more
than two (2) portable Department of Transportation
containers not connected for use may be stored inside the
building.
• D. Equipment used to introduce ethylene gas shall be
Maintained in safe operating condition and shall limit the
ethylene level to a nonhazardous concentration.
E. Open -flame heaters, open lights and smoking shall not be
permitted in ripening rooms.
F. Ripening rooms shall be kept free of unnecessary com-
bustible materials.
4553 8-25-80
§ 45-309 SOUTHOLD CODE § 45-310
§ 45-309. Matches.
A. Matches shall not be stored in piles exceeding eighteen (18)
feet [five and forty-nine hundredths' (5.49)' meters] in
height or twenty-five thousand (25,000) cubic feet [seven
hundred eight (708) cubic meters] in volume.
B. Storage in cases shall be no closer than ten (10) feet [three •
and five hundredths (3.05) meters] from an exit, open
stairway, elevator shaft opening or any other vertical shaft
opening.
C. In Group C2 occupancy classification, matches shall be
stored on shelves no closer than ten (10) feet [three and
five -hundredths (3.05) meters] from heaters and furnaces.
D. Upon removal from shipping containers, matches stored in
bulk shall be in metal or metal -lined bins equipped with
self-closing covers.
E. Appropriate fire extinguishing equipment shall be
provided where matches are manufactured or stored in
bulk.
§ 45-310. Powder coatings.
A. This section shall apply to finely ground particles of
protective finishing material applied in dry powder form by
means of a fluidized bed, electrostatic fluidized bed,
powder spray guns or electrostatic powder spray guns.
B. Exhaust ventilation systems shall be maintained in safe
operating condition.
C. All areas shall be kept free of the accumulation of powder- •
coating dusts, particularly on surfaces such as ledges,
beams, pipes, hoods, booths and floors.
D. Surfaces shall be cleaned in such manner as to avoid
scattering of dust or creating dust clouds.
4554--
§ 45-311 FIRE PREVENTION § 45-312
§ 45-311. Magnesium.
A. Appropriate fire extinguishing equipment shall be
provided where magnesium is stored, handled or used. A
supply of extinguishing powder in a substantial container
with a hand scoop or shovel for applying powder on
magnesium fires, or an extinguisher unit designed for use
with such powder, shall be kept within easy reach of every
operator performing a machining, grinding or other
processing operation on magnesium.
B. Smoking is prohibited in areas where magnesium is stored,
handled or used.
C. Magnesium dust in dry state shall not be allowed to collect
on or contact high-speed moving parts.
D. Interlocks that shut off dust -producing machines in the
-event of improper functioning of the collector system shall
be maintained in, safe operating condition.
E. Electrical grounding of equipment shall be maintained
continuous.
F. Chips, turnings and other fine magnesium scrap shall be
placed in a covered, vented steel container and removed to
a safe location.
G. Magnesium fines shall be kept separate from other com-
bustible materials.
§ 45-312. Organic coatings.
A. This section shall apply to liquid mixtures of binders such
as alkyd, nitrocellulose, acrylic or oil and flammable and
combustible solvents such as hydrocarbon, ester, ketone or
alcohol, which when spread in a thin film convert to a
durable protective and decorative finish.
B. Appropriate fire extinguishing equipment shall be
provided where organic coatings are stored, handled or
used.
4555 8-25-80
§ 45-312 SOUTHOLD , CODE § 45-313
C. Smoking, open flames and heating equipment containing
ignition sources shall be prohibited in areas where organic
coatings are stored, handled or used.
D. Mechanical ventilation to prevent the dangerous ac-
cumulation of vapors and to remove such vapors to a safe
location shall be maintained in safe operating condition
and shall not in itself constitute a fire hazard. is
E. Empty containers previously used for flammable or
combustible liquids shall be removed to a safe location
outdoors and, if not cleaned, removed from the premises
and disposed of in an appropriate manner.
F. Drainage facilities provided to direct flammable and
combustible liquid leakage and fire protection water to a
safe location, away from buildings, structures, storage
areas or adjoining property, shall be properly maintained.
G. Bonding and grounding for tanks, machinery and piping
shall be maintained electrically conductive.
H. Spilled nitrocellulose shall be swept up, put into a pail of
water and disposed of.
I. Solvent pump shutoff switch shall be maintained in
operable condition to shut off pump in case of fire.
§ 45-313. Organic peroxides.
A. This section shall apply to organic peroxides used in spray
guns.
B. Organic peroxides shall be kept away from all sources of
heat, including steam pipes, radiators, open flames, sparks
and solar radiation. Smoking shall be prohibited in areas •
where organic peroxides are stored, handled or used.
C. Nonsparking tools shall be used in any area where organic
peroxides are stored, mixed or applied.
D. Dusts or overspray residues resulting from the sanding or
spraying of finishing materials containing organic
peroxides shall not be mixed with other materials.
4556 8-25-80
§ 45-313 FIRE 'PREVENTION § 45-315
E. Spilled peroxides shall be promptly removed so that there
are no residues and disposed of in a safe manner such as in
accordance with the manufacturer's recommendation.
§ 45-314. Cryogenic liquids.
• A. This section shall apply to the storage, handling and use of
flammable cryogenic liquids, liquid oxygen and cryogenic
oxidizers having a boiling point of minus two hundred
degrees Fahrenheit (-200° F.) [minus one hundred twenty-
nine degrees Celsius (-129° C.)]
B. Containers, valves and piping shall be readily accessible for
inspection and repair and protected against tampering.
C. Warning labels and signs shall be posted on containers and
equipment.
D. Dispensing of flammable cryogenic liquids, liquefied
oxygen or liquid oxidizers shall be only at appropriate
locations. Waterlines and hose shall be provided for
cleaning and melting.
E. Flammable cryogenic liquid, liquid oxygen or cryogenic
oxidizers shall not be loaded, unloaded, dispensed or
handled where vapors can reach a source of ignition.
Smoking shall be prohibited. Loading, unloading .and_
dispensing of oxygen shall not be permitted in the vicinity
of loading, unloading or dispensing of gaseous or liquid
fuel.
§ 43-315. Cellulose nitrate (pyroxilyn) plastics.
• A. General requirements.
(1) This section shall be applicable to raw cellulose nitrate
(pyroxylin) plastics and to articles made from this
material. For cellulose nitrate film, see § 45-316. For
guncotton or other explosives having cellulose nitrate
as a base, see § 45-305.
4557 8-25-80
§ 45-315 SOUTHOLD CODE § 45-315
(2) Appropriate fire extinguishing equipment shall be
provided where raw pyroxylin plastics are stored,
handled or used.
(3) Smoking, open flames and heating equipment con-
taining ignition sources shall be prohibited in areas
containing raw cellulose nitrate (pyroxylin) plastics.
B. Raw cellulose nitrate (pyroxylin) plastics. -
(1) Where raw material in excess of twenty-five (25)
pounds [eleven and three -tenths (11.3) kilograms] is
received in a building, an appropriately vented cabinet
or vented and sprinklered vault shall be provided for
the storage of the material.
(2) Not more than one thousand (1,000) pounds [four
hundred fifty-four (454) kilograms] of raw material
shall be stored in cabinets in any one (1) workroom
and not more than five hundred (500) pounds [two
hundred twenty-seven (227) kilograms] in any one (1)
cabinet, nor more than two hundred fifty (250) pounds
[one hundred thirteen (113) kilograms] in one (1) com-
partment.
(3) Raw material in'excess of that specified`in Subsection
B(2) shall be kept in appropriately vented vaults not
exceeding one thousand five hundred (1,500) cubic feet
[forty-two and five -tenths (42.5) cubic meters]
capacity.
(4) No cellulose nitrate (pyroxylin) plastic material shall
be stored within two (2) feet [sixty-one hundredths
(0.61) meter] of any heat -producing appliances, steam
pipes, radiators or chimneys. •
(5) Waste cellulose nitrate (pyroxylin) plastic materials,
such as shavings, chips, turnings, sawdust, edgings .
and trimmings, shall be kept underwater in metal
receptacles until removed from the premises and shall
be removed daily.
4558 8-25-80
§ 45-315 FIRE PREVENTION § 45-316
C. Articles of cellulose nitrate (pyroxylin) plastics.
(1) No electric light shall be located directly above
cellulose nitrate (pyroxylin) plastic material, unless
provided with a suitable guard to prevent heated
particles from falling.
(2) Spaces underneath display tables shall not be used for
storage and shall be kept free of accumulations of
paper, refuse and other combustible material.
(3) Display of cellulose nitrate (pyroxylin) plastic articles
shall be in showcases or show windows, except that
such articles may be placed on tables or counters
which are not over three (3) feet [ninety-one hun-
dredths (0.91) meter] wide and ten (10) feet [three and
five -hundredths (3.05) meters] long and spaced at
least three (3) feet [ninety-one hundredths (0.91)
meter] apart.
(4) Cellulose nitrate (pyroxylin) plastic articles shall be
protected against exposure to direct sunlight.
§ 45-316. Cellulose nitrate motion -picture film.
A. This section shall apply to cellulose nitrate motion -picture
film. Film having a cellulose acetate or other slow -burning
base is excluded.
B. Appropriate fire extinguishing equipment shall be
provided where cellulose nitrate motion -picture film is
stored, handled or used.
C. Motion -picture projectors when used with cellulose nitrate
motion -picture film shall be located in enclosures
specifically intended for such use.
D. Smoking, carrying of matches, cigarettes and cigar lighters
and use of open -flame and heating equipment containing
ignition sources shall be prohibited in areas where cellulose
nitrate motion -picture film is stored, handled or used.
4559 8-25-80
§ 45-316 SOUTHOLD CODE § 45-401
E. Storage in excess of twenty-five (25) pounds [eleven and
three -tenths (11,3) kilograms] but not in excess of one
thousand (1,000) pounds [four hundred fifty-four (454)
kilograms] shall be kept in cabinets or in vaults.
F. Storage in excess of one thousand (1,000) pounds [four
. hundred fifty-four (454) kilograms] shall be kept in vaults. •
G. Unexposed cellulose nitrate motion -picture film enclosed in
the original, unbroken shipping cases conforming to
Department of Transportation regulations shall be kept in
a sprinklered room. If the amount exceeds seven hundred
fifty (750) pounds [three hundred forty (340) kilograms], it
shall be stored in a room used for no other purpose.
H. Archival cellulose nitrate motion -picture film shall be
stored in archival cabinets or vaults.
I. Tables and racks used in connection with the handling of
film shall be noncombustible or shall be of wood con-
struction with no member less than one and one-half (11/z)
inches [thirty-eight and one-tenth (38.1) millimeters] .thick. .
ARTICLE IV
Firesafety Practice
§ 45-400. General.
Firesafety practice shall be observed as set forth in this Article
to ensure that property and. materials shall be maintained in a
manner which will provide the public with safeguards from the
hazards of fire or explosion or the release of toxic gases.
§ 45-401. Safeguards.
•
A. General precautions. Precautions shall be taken to protect
property and premises against the starting and spreading
of fires. It is prohibited to:
(1) Deliberately set a fire or knowingly permit a fire to
start or spread which endangers the safety of persons
or property.
4560 8-25-80
§ 45-401
FIRE PREVENTION § 45-401
(2)
Discard, throw or place flaming or glowing objects,
such as matches, cigars and cigarettes, or other
flaming or glowing substances where such substances
or things may ignite combustible or explosive
materials.
(3)
Dispose of hot or smoldering materials, including hot
ashes or cinders or smoldering coals, in other than
noncombustible receptacles. Such receptacles, unless
resting on a noncombustible floor or on the ground in
an exterior open area, shall be placed on non-
combustible stands at least two (2) feet [sixty-one
hundredths (0.61) meter] laterally away from com-
bustible materials, structures and exterior openings of
buildings.
(4)
Use or operate any internal-combustion equipment or
flame -producing device unless suitable measures are
taken to ensure against ignition of combustibles.
B. Exterior protection.
(1)
Dry vegetation, combustible waste and refuse.
Quantities of dry vegetation, combustible waste and
refuse which by reason of their proximity to buildings
or structures would constitute a fire hazard or con-
tribute to the spread of fire shall be removed.
(2)
Obstructions. It is prohibited to:
(a) Install or maintain wires, cables, ropes, aerial
antennas or other overhead obstructions on the
roofs of buildings having a roof slope of less than
thirty degrees (30°) [fifty-two hundredths (0.52)
radian], unless there is a full clearance of seven (7)
•
feet [two and thirteen -hundredths (2.13) meters]
or more between the roof surface and such ob-
struction, except obstructions may be installed
less than seven (7) feet [two and thirteen -
hundredths (2.13) meters] high, provided that
they are protected in a manner to prevent injury
to fire fighters working on the roof during periods
of reduced visibility.
4561 8-25-80
§ 45-401 SOUTHOLD CODE § 45-401
(b) Maintain on roofs and' fire escapes materials or
objects which obstruct egress or Fire Department
access.
(c) Attach or fasten ropes, wires, cables or similar
devices, except standard equipment therefor, to
fire escapes.
(d) Place or permit objects or materials to obscure or
obstruct the use of fire hydrants, firewells and
Fire Department connections.
(3) Outdoor fires.
(a) Outdoor fires, including bonfires and rubbish
fires, shall not be permitted unless legally
authorized and in conformity with forest fire
control regulations.
(b) Outdoor fires, where permitted, shall be attended
at all times with appropriate fire extinguishing
equipment readily available nearby.
(4) Waste disposal sites.
(a) Transporting burning waste or refuse is
prohibited.
(b) Vehicles or conveyances used to transport
combustible waste or refuse over public
thoroughfares shall have all cargo space covered
and maintained sufficiently tight to ensure
against ignition from external fire sources.
(c) Burning debris shall not be dumped at a waste
disposal site.
C. Interior protection. •
(1) Combustible waste and refuse.
(a) Except for, one- and two-family dwellings,
premises shall provide specifically designated
rooms, areas or containers, in or on the premises,
for the temporary storage of combustible waste or
refuse.
4562 8-25-80
§ 45-401 FIRE PREVENTION § 45-401
(b) Combustible waste and refuse shall be stored in:
[1] Containers constructed of noncombustible
materials, equipped with tight -fitting covers;
[2] Bins constructed of noncombustible
materials, equipped with self-closing covers
or covers that close automatically incase of
fire inside the bin;
[3] Rooms designed for such storage; or
[4] Isolated areas outside buildings, suitable for
such storage.
(c) Combustible waste and refuse shall be properly
stored or disposed of to prevent unsafe ac-
cumulations.
(2) Combustible decorations. In spaces of Group C5
occupancy classification, dockside vessels serving as
buildings and tents and air -supported structures, it is
prohibited to install, maintain or use materials such as
vegetation, bunting, cotton batting, plastic cloth,
textile, excelsior, paper or other combustible materials
for decorative purposes, unless such- materials have
been made flame -resistant.
(3) Cleaning compounds.
(a) Only water solutions, detergents or non-
combustible floor -sweeping compounds and
grease absorbents shall be used for cleaning
floors.
(b) The use of sawdust or similar combustible.
• materials to soak up combustible or flammable
liquids spilled or dropped from machinery or
processes on floors is prohibited.
(4) Portable heaters. [Amended 7-19-83 by L.L. No. 8-
19831
(a) Unvented portable heating equipment using
solid, liquid or gaseous fuels shall be prohibited,
4563 8-25-83
§ 45-401 SOUTHOLD CODE § 45-402
except during building construction, alterations
or repair. During this period of building con-
struction, alteration or repair, the heating
equipment must have adequate ventilation and
must have a means of fire extinguishing
available. Unvetited portable heating equipment
used for this purpose must be listed by a
nationally recognized testing laboratory and shall
be operated and maintained in accordance with
manufacturer's recommendations. This Sub-
section C(4)(a) does not apply to New Fork State
approved kerosene -fueled heaters being used in
one- and two-family dwellings.
(b) Portable heaters shall be appropriately located
with respect to combustible materials and shall be
maintained in proper operating condition.
(c) Portable electric heaters shall be equipped with
automatic shutoff devices for safety purposes -in
the. event of tipping 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 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 protected from damage,
excess heat and shall comply with the applicable
storage and handling requirements specified in
this chapter.
§ 45-402. Equipment.
Firesafety equipment, including fire extinguishing, fire warning
and standpipe systems, shall be maintained operable at all times
4564 8-25-83
§ 45-402 FIRE PREVENTION § 45-403
and under all weather conditions except during repairs. The Fire
Department shall be notified whenever such equipment is out of
service.
§ 45-403. Signs and instructions.
A. Firesafety signs include, among others: occupancy signs,
• limiting the maximum number of occupants permitted in
public areas; "no smoking" signs, prohibiting smoking in -
areas where conditions exist which make smoking a fire
hazard; "danger" signs, alerting persons to areas where
special danger of fire or explosion exists; and elevator
warning signs, instructing occupants to use exit stairs in
case of fire.
B. Firesafety signs shall be posted on premises as specified in
Subsection A of this section.
C. Posted firesafety signs shall be complied with.
D. No posted firesafety sign shall be removed, defaced or
destroyed except for replacement purposes or when the
condition which the sign was intended to . identify is no
longer present or when the information conveyed by the
sign is no longer necessary.
0
(Cont'd on page 4565)
4564:1 8-25-83
§ 45-403 FIRE PREVENTION § 45-405
E. Hotels, motels and similar transient occupancies shall have
a printed copy of firesafety instructions, instructing oc-
cupants in steps to be taken in the event of fire, con-
spicuously posted in each occupancy unit and at other
designated locations.
• § 45-404. Fire exit drills
Fire exit drills and procedures shall be held and conducted to
familiarize occupants in procedures of building evacuation or
transfer to havens of refuge in the following:
A. Group B1: hotels, dormitories, clubs, fraternity and
sorority houses and similar occupancies.
B. Group Cl: business occupancies.
C. Group C2: mercantile occupancies.
D. Group C5: assembly occupancies.
§ 45-405. Fire Department notification.
A. Upon discovery of a fire which poses a possible danger to
life or property, even though it has apparently been ex-
tinguished, the existence, circumstances and location of
such fire shall immediately be reported to the Fire
Department.
B. The Fire Department shall be promptly notified upon
discovery of evidence of the spontaneous or abnormal
heating of any. merchandise, commodity, cargo or material
in buildings, structures or premises which indicates a
• probable danger of fire or explosion or upon discovery or
being apprised of an uncontrolled hazardous gas leak or
hazardous material or combustible or flammable liquid
spill.
C. It is prohibited to make or issue regulations or orders,
written or verbal, that would require any delaying action
prior to reporting a serious fire hazard or fire to the Fire
Department, except in the case of established on -premises
-4565 8.25-80
§ 45-405 SOUTHOLD CODE . -: § 45-503
fire -fighting organizations which have coordinated and
arranged procedures with the Fire Department.
ARTICLE V
Administration and Enforcement
§ 45-500. Applicability. •
This Article shall provide the basic method for the ad-
ministration and enforcement of this Fire Prevention Code and
shall establish powers, duties and responsibilities in connection
therewith.
§ 45-501. Administration.
The Building Inspector and Deputy Building Inspectors
(hereinafter referred to as the `Building Inspector") are hereby
designated to administer and enforce this code within the Town of
Southold.
§ 45-502. Rules and regulations.
The Town Board may, after a public hearing, adopt rules and
regulations for the administration and enforcement of this code.
§ 45-503. Permits.
A. Upon the payment of such fee as may be prescribed by
resolution of the Town Board, permits shall be issued by
and bear the name and signature of the Building Inspector
and shall specify the following:
(1) The activity or operation for which a permit is issued.
(2) The address or location where the activity or operation
is to be conducted.
(3) The name and address of the permittee.
4566 8-25-80
§ 45-503 FIRE PREVENTION § 45-504
(4) The permit number and date of issuance.
(5) The period for which the permit is issued.
B. Permits shall not be transferable or assignable, and any
change in activity, operation, location, ownership or use
shall require a new permit:
• C. Permits shall continue in effect during the period of time
specified thereon, unless sooner suspended or revoked. The
term of a• permit may be extended by the. Building In-
spector, provided that a satisfactory reason can be shown
for failure to commence or complete the work or activity
authorized within the required time period.
D. Permits shall be required for activities or operations which
may be provided by amendment to this code.
E. Consolidated permits. When more than one (1) permit is
required for the same property or premises, a single permit
may be issued listing all materials or operations covered.
Revocation of a portion or portions of such consolidated
permit, for specific hazardous materials or operations, shall -
not invalidate the remainder.
F. Location of permits. Permits shall be kept on the property
or premises covered by the permit or carried on the person
of the permittee.
G. Revocation or suspension of permits. Permits may be
suspended or revoked when it is determined that there is a
violation of a condition under which the permit was issued
or there has been misrepresentation or falsification of
material facts in connection with the permit application or
a condition of the permit or a violation of this code or any
• order, notice, rule, regulation or determination.
§ 45-504. Inspections.
A. The Building Inspector shall conduct periodic inspections
for compliance with the provisions of this code. Such in-
spections may be made at any reasonable time. If entrance
to make an inspection is refused or cannot be obtained, the
4567 - 8-25-80
§ 45-504 SOUTHOLD CODE . , § 45-505
Building Inspector may apply to any court of competent
jurisdiction for a warrant to make an inspection.
B. In addition to Inspectors as provided by Subsection A
above, the Town Board may appoint one .(1) Assistant
Inspector for each of the fire districts in the town who shall
be recommended by the respective Boards of Fire Com-
missioners. Such Assistant Inspectors shall serve for a
term of one (1) year or at the pleasure of the Town Board.
Assistant Inspectors shall serve without compensation,
but shall be reimbursed for their actual and necessary
expenses incurred in the performance of their duties within
the appropriations made therefor by the Town Board. Such
Assistant Inspectors shall not have enforcement powers,
their duties being limited to conducting periodic in-
spections for compliance with the provisions of this code.
In the performance of their duties, Assistant Inspectors
shall have the same right to enter and inspect buildings as
heretofore conferred upon the Building Inspector.
§ 45-505. Violations.
A. A person owning, operating, occupying or maintaining
property or premises within the scope of this code shall
comply with all of the provisions of this code and all orders,
notices, rules, regulations or determinations issued in
connection therewith.
B. Whenever the Building Inspector finds that there has been
a violation of this code, or any rule or regulation adopted
pursuant thereto, a violation order shall be issued to the
person or persons responsible.
C. Violation orders shall be in writing, shall identify the •
property or premises, shall specify the violation and
remedial action to be taken, shall provide a reasonable time
limit for compliance and shall state the time within which
an appeal may be taken.
D. Violation orders may be served by personal service; by
mailing by registered or certified mail; or by posting a copy
4568 8-25-80
§ 45-505 FIRE PREVENTION § 45-508
thereof in a conspicuous place on the premises and by
mailing a copy thereof to the premises on the same day as
posted, enclosed in a postpaid wrapper addressed to the
person responsible.
E. In case the owner, lessor, occupant or the agent of any of
them shall fail, neglect or refuse to remove, eliminate or
• abate the violation within the time specified in the
violation order, a request to take appropriate legal action
shall be made to the Town Board of the Town of Southold.
§ 45-506. Penalties for offenses.
A. Failure to comply with any provision of this code or any
rules or regulations adopted pursuant thereto or a violation
order shall be deemed a violation, and the violator shall be
liable for a fine of not more than two hundred fifty dollars
($250.) or imprisonment not to exceed fifteen (15) days, or
both, and each day such violation continues shall con-
stitute a separate violation.
B. An action or proceeding in the name of the Town of
Southold may be commenced in any court of competent
jurisdiction to compel compliance with or restrain by in-
junction the violation of any provision of this code or any
rule or regulation adopted pursuant thereto or a violation
order, or to vacate the occupancy or building in the case of
imminent danger of life or property. Such remedy shall be
in addition to penalties otherwise prescribed by law.
§ 45-507. Records.
The Building Inspector shall keep official records of all permits,
• inspection reports, recommendations, complaints and violation
orders.
§ 45-508. Removal of dangerous buildings or structures.
A. A building or structure or part thereof which is an im-
minent danger to life or safety of the public as a result of a
fire or explosion is hereby declared to be a public nuisance.
4569 8-25-80
§ 45-508 SOUTHOLD CODE § 45-508
B. Whenever the Building Inspector finds a building or
structure, or part thereof, to be an imminent danger to life
and safety of the public as a result of a fire or explosion; the
Building Inspector may cause it to be demolished and
removed or may cause work to be done in and about the
building or structure as may be necessary to remove the
danger.
C. The Building Inspector may require the occupants of any
building or structure, or part thereof, to vacate the
premises forthwith. No person shall use or occupy such
building or structure, or part thereof, until it is made safe.
Except for the owner, no person shall enter premises which
have been ordered vacated unless authorized by the
Building Inspector to perform inspections, repairs or to
demolish and remove such building or structure, or part
thereof.
D. All costs and expenses incurred by the Town of Southold in
connection with any work done to remove the danger or in
connection with the demolition and removal of any such
building or structure shall be assessed against the land on
which such building or structure is located, and a
statement of such expenses shall be presented to the owner
of the property, or if the owner cannot be ascertained or
located, then such statement shall be posted in a con-
spicuous place on the premises. Such assessment shall be
and constitute a lien upon such land. If the owner shall fail
to pay such expenses within ten (10) days after the
statement is presented or posted, a legal action may be
brought to collect such assessment or to foreclose such lien.
As an alternative to the maintenance of any such action,
the Building Inspector may file a certificate of the actual •
expenses incurred as aforesaid, together with a statement
identifying the property in connection with which the
expenses were incurred, and the owner thereof, with the
assessors, who shall in the preparation of the next
assessment roll assess such amount upon such property.
Such amount shall be included in the levy against such
property, shall constitute a lien and shall be collected and
4570 8-25-80
•
n
U
§ 45-508 . FIRE PREVENTION . § 45-600
enforced in the same manner, by the same proceedings, at
the same time and under the same penalties as is provided
by law for the collection and enforcement of real property
taxes in the Town of Southold.
§ 45-509. Board of Review.
A. There is hereby established in and for the Town of
Southold a Board of Review, consisting of seven (7)
members to be appointed by the Town Board, who shall
serve without compensation for a term of one (1) year. The
Town Board shall designate a member of said Board of
Review to act as Chairman thereof. In making such ap-
pointments, the Town Board shall seek recommendations
from the various fire organizations of the Town of
Southold.
B. The Board of Review shall have the power to vary or
modify, in whole or in part, any provision or requirements
of this code where practical difficulties or unnecessary
hardships may result from enforcement thereof; provided;
however, that such variance or modification shall be
consistent with the spirit of this code.
C. The Building Inspector shall obtain a copy of the Review
Board's decision for his records.
ARTICLE VI
Generally Accepted Standards
§ 45-600. Applicability.
Generally accepted standards referred to in this Article, unless
otherwise indicated, shall be construed as follows:
A. Provisions which are intended to be mandatory or which
establish requirements in excess of, basic fire prevention
requirements shall apply.
— -- -- -----------------451=—
---�8----
§ 45-600 SOUTHOLD CODE § 45-601
B. Provisions which are suggested or recommended or which
establish requirements in excess of basic fire prevention
requirements shall not apply.
C. Provisions which grant discretionary powers to modify or
vary requirements shall not apply.
D. Provisions which differ from the provisions of the code
shall not apply.
§ 45-601. Issuing organizations.
Issuing organizations shall be as follows:
ANSI American National Standards Institute, Inc.
1430 Broadway
New York, New York 10018
NFPA National Fire Protection Association
470 Atlantic Avenue
Boston, Massachusetts 02210
NYDH Department of Health, State of New York
84 Holland Avenue
Albany, New York 12208
NYDL Department of Labor, State of New York
Office of Administrative Director
Building 12, State Campus
Albany, New York 12226
or
Department of Labor, State of New York
Business Administrative Office
Two World Trade Center
New York, New York 10047
USDC U.S. Department of Commerce - Handbooks
National Bureau of Standards
Washington, D.C. 20234
4572 8-25-80
§. 45-602
FIRE PREVENTION § 45-602
§ 45-602.
Standards cited.
A. Generally accepted standards, with code reference sections,
shall be as follows:
(1)
Section 45-202, Means of egress.
(a) NFPA - Code for Safety to Life from Fire in
•
Buildings and Structures, No. 101, 1976.
(2)
Section 45-203B, Fuel gas systems.
(a) NFPA - National Fuel Gas Code, No. 54, 1974.
(b) NFPA - Liquefied Natural Gas, No. 59A, 1975.
(3)
Section 45-203C, Liquefied petroleum gas containers
and tanks.
(a) NFPA -Liquefied Petroleum Gases, No. 58, 1976.
(b) NFPA - Liquefied Petroleum Gases at Utility Gas
Plants, No. 59, 1976.
(4)
Section 45-203D, Fuel oil systems.
(a) NFPA - Oil Burning Equipment No. 31, 1974.
(5)
Section 45-203F, Heating systems.
(a) NFPA - Prevention of Furnace Explosions in Fuel
Oil and Natural Gas Fired Watertube Boiler
Furnaces with One Burner, No. 85, 1976.
(b) NFPA - Prevention of Furnace Explosions in
Natural Gas Fired Multiple Burner Boiler
Furnaces, No. 85B, 1978.
(c) NFPA - Prevention of Furnace Explosions in Fuel
Oil Fired Multiple Burner Boiler Furnaces, No.
•
85D, 1978.
(d) NFPA - Prevention of Furnace Explosions in
Pulverized Coal Fired Multiple Boiler Furnaces,
No. 85E, 1978.
(e). NFPA - Air Conditioning and Ventilating
Systems, No. 90A, 1976.
4573 - 8-25-80
§ 45-602 SOUTHOLD- CODE § 45-602
(f) NFPA - Warm Air Heating and Air Conditioning
Systems, No. 90B, 1976.
(g) NYDL Boilers, Industrial Code Rule 4, 1965.
(h) NYDL - Construction, Installation, Inspection
and Maintenance of Steam Boilers, Industrial
Code Rule 14, 1958. •
(6) Section 45-203G, Chimneys, flues and gas vents.
(a) NFPA - Chimneys,- Fireplaces and Vents, No.
211, 1977.
(7) Section 45-203H, Incinerators and compactors.
(a) NFPA - Incinerators and Rubbish Handling, No.
82, 1977.
(8) Section 45-203I; Electrical systems.
(a) NFPA - National Electrical Code, No. 70, 1978.
(b) NFPA - Stationary Combustion Engines and Gas
Turbines, No. 37, 1975.
(9) Section 45-203J, Commercial cooking equipment.
(a) NFPA - Removal of Smoke and Grease -Laden
Vapor -from Commercial Cooking Equipment, No.
96, 1976.
(10) Section 45-203K(1), Fire protection water supply.
(a) NFPA - Centrifugal Fire Pumps; No. 20, 1978.
(b) NFPA - Water Tanks for Private Fire Protection,
No. 22, 1976.-
(c)
976:
(c) NFPA - Supervision of Valves Controlling Water •
Supplies for Fire Protection, No. 26, 1976.
(11) Section 45-203K(2), Sprinkler systems.
(a) NFPA - Sprinkler Systems, No. 13, 1976.
(b) NFPA Water Spray Fixed Systems for Fire
Protection, No. 15, 1977.
4574 8-25-80
§ 45-602 FIRE PREVENTION § 45-602
(c) NFPA - Foam -Water Sprinkler Systems and
Foam -Water Spray Systems, No. 16, 1974.
(12) Section 45-203K(3), Standpipe systems.
(a) . NFPA - Standpipe and Hose Systems, No. 14,
1978.
• (13) Section 45-203K(4), Yard hydrant systems.
(a) NFPA - Outside Protection, No. 24, 1977.
(14) Section 45-203K(5), Portable fire extinguishers.
(a) NFPA - Portable Fire Extinguishers, No. 10,
1978.
(15) Section 45-203K(6), Fire alarm systems.
(a) NFPA - Central Station Signaling Systems; No.
71, 1977.
(b) NFPA - Local Protective Signaling Systems, No.
72A, 1975.
(c) NFPA - Auxiliary Protective Signaling Systems,
No. 72B, 1975.
(d) NFPA -. Remote Station Protective Signaling
Systems, No. 72C, 1975.
(e) NFPA - Proprietary Protective Signaling
Systems, No. 72D, 1975.
(16) Section 45-203K(7), Fire and smoke detectors.
(a) NFPA - Automatic Fire Detectors, No. 72E, 1978.
(b) NFPA - Household Fire Warning Equipment, No.
74, 1978.
(17) Section 45-203K(8), Foam and chemical fire ex-
tinguishing systems.
(a) NFPA - Foam Extinguishing Systems, No. 11,
- 1978:
(b) NFPA - High. Expansion Foam Systems, No.
11A, 1976.
4575 s-25-80
§ 45-602 SOUTHOLD CODE § 45-602
(c) NFPA - Synthetic Foam and Combined Agent
Systems, No. 11B, 1977.
(d) NFPA - Carbon Dioxide Extinguishing Systems,
No. 12, 1977.
(e) NFPA - Halogenated Fire Extinguishing Agent
Systems -Halon 1301, No. 12A, 1977.
(f) NFPA - Halogenated Fire Extinguishing Agent
Systems -Halon 1211, No. 12B, 1977.
(g) NFPA - Dry Chemical Extinguishing Systems,
No. 17, 1975.
(18) Section 45-203L, Elevator equipment and § 45-203M,
Hoistways and shafts.
(a) ANSI - Safety Code for Elevators, Dumbwaiters,
Escalators, and Moving Walks, A17.1-1971,
Including Supplements A17.1a-1972, A17.1b-
1973, A17, 1c-1974, A17.1d-1975, A17.1e-1975,
A17.1f-1975 and A17.1g-1976.
(b) NYDL - Construction, Guarding, Equipment,
Maintenance and Operation of Elevators,
Dumbwaiters, Escalators, Hoists and Hoistways
in Factories and Mercantile Establishments,
Industrial Code Rule 8, 1923.
(19) Section 45-203N, Combustible cooling towers.
(a) NFPA - Water Cooling Towers, No. 214, 1977.
(20) Section 45-2030, Swimming pools.
(a) NYDH - 10 NYCRR, Part 6 - Swimming Pools
and Bathing Beaches, State Sanitary Code,
December 31, 1975. is
(21) Section 45-203Q, Commercial ovens.
(a) NFPA Ovens and Furnaces, No. 86A, 1977.
(b) NFPA - Industrial Furnaces, No. 86B, 1974.
4576 8-25-80
§ 45-602 FIRE PREVENTION § 45-602
(c) NFPA - Industrial Furnaces Using a Special
Processing Atmosphere, No. 86C, 1977.
(22) Section 45-204B, Places of assembly.
(a) NFPA - Code for Safety to Life from Fire in
Buildings and Structures, No. 101, 1976.
• (b) NYDL - Places of Public Assembly, Industrial
Code Rule 36, 1967.
(23) Section 45-204C, Service stations and garages.
(a) NFPA - Flammable and Combustible Liquids
Code, No. 30, 1977.
(b) NFPA - Parking. Structures, No. 88A, 19.73.
(c) NFPA - Repair Garages, No. 88B, 1973.
(24) Section 45-204D, Abandonment or removal of un-
derground tanks.
(a) NFPA - Flammable and Combustible Liquids
Code, No. 30, 1977.
(25) Section 45-204E, Dry-cleaning plants.
.(a) NFPA - Dry Cleaning Plants, No. 32, 1974.
(b) NYDL - Coin Operated Machines, Industrial
Code Rule 43, 1966.
(26) Section 45-204H, Tents and air -supported structures.
(a) NFPA - Tents, Grandstands and Air -Supported
Structures Used for Places of Assembly, No. 102,
1972.
• (b) NYDL Places of Public Assembly, Industrial
Code Rule 36, 1967.
(27) Section 45-204K, Airports, heliports and helistops.
(a) NFPA - Aircraft Hangars, No. 409, 1975.
(b) NFPA - Aircraft Welding Operations in Hangars,
No. 410E, 1975.
4577 8-25-80
§ 45-602 SOUTHOLD CODE § 45-602
(c) NFPA - Aircraft Fueling Ramp Drainage, No.
415, 1977.
(d) NFPA - Airport Terminal Buildings, No. 416,
1975.
(e) NFPA - Roof -Top Heliport Construction and
Protection, No. 418, 1973.
(28) Section 45-204L, Piers, wharves and marine terminals.
(a) NFPA - Construction and Protection of Piers and
Wharves, No. 87, 1975.
(29) Section 45-204M, Marinas and boatyards.
(a) NFPA - Marinas and Boatyards, No. 303, 1975.
(30) Section 45-204N - General outdoor storage.
(a) NFPA - Outdoor General Storage, No. 231A,
1975.
(31) Section 45-301, Flammable and combustible liquids
and finishes.
(a) NFPA - Flammable and Combustible Liquids
Code, No. 30, 1977.
(b) NEPA - Solvent Extraction Plants, No. 36, 1974.
(c) NFPA Explosion Prevention Systems, No. 69,
1973.
(d) NFPA Blower and Exhaust Systems, No. 91,
1973.
(e) NFPA - Basic Classification of Flammable and
Combustible Liquids, No. 321, 1976.
(32) Section 45-301C, Portable tanks and containers. •
(a) NFPA - Cleaning or Safeguarding Small Tanks
and Containers, No. 327, 1975.
(33) Section 45-302D, Dip tanks.
(a) NFPA - Dip Tanks, No. 34, 1974.
4578 . 8-25-80
§ 45-602 _ . _ FIRE PREVENTION § 45-602
(34) Section 45-301E, Spray finishing.
(a) NFPA - Spray Application Using Flammable and
4579 8-25-80
_Combustible Materials, No. 33, 1977.
(35) Section 45-301G, Dry cleaning.
(a)
NFPA - Drycleaning Plants, No. 32, 1974.
(36) Section 45-302D, Dust.
(a)
NFPA -.Pulverized Fuel Systems; No. 60, 1973.
(b)
NFPA - Manufacturing. and Handling Starch, No.
61A, 1973.
(c)
NFPA - Grain Elevators and Bulk Grain Han-
dling Facilities, No. 618, 1973.
(d)
NFPA - Feed Mills, No. 61C, 1973.
(e)
NFPA - Dust Explosion in Industrial Plants, No.
63, 1975.
(f)
NEPA - Aluminum, No. 65, 1975:
(g)
NFPA - Pneumatic Conveying Systems for
Handling Feed, Flour, Grain and .O.ther
Agricultural Dusts, No. 66, 1973.
(h)
NFPA - Blower and Exhaust Systems, No. 91,
1973.
(i)
NFPA - Aluminum or Magnesium Powder, No.
651, 1974.
(j)
NFPA - Coal Preparation Plants, No. 653, 1971.
(k)
NFPA - Plastics Industry, No. 654, 1975.
• (1)
NFPA Prevention of Sulphur Fires and Ex-
plosions, No. 655, 1971.
(m)
NFPA - Spice Grinding Plants, No. 656, 1971.
(n)
NFPA - Woodworking and Wood Flour Manu-
facturing Plants, No. 664, 1971.
4579 8-25-80
§ 45-602 SOUTHOLD CODE _ § 45-602
(37) Section 45-303, Hazardous chemicals.
(a) NFPA - Hazardous Chemicals Data, No. 49, 1975.
(38) Section 45-303C, Flammable solids.
(a) NFPA Titanium, No. 481, 1974.
(b) NFPA - Zirconium, No. 482M, 1974.
•
(39) Section 45-303E, Oxidizing materials.
(a) NFPA - Storage of Liquid and Solid Oxidizing
Materials, No. 43A, 1975.
(40) Section 45-303G, Radioactive materials.
(a) ANSI - Radiation Symbol, N2.1, 1969.
(b) NFPA - Facilities Handling Radioactive
.Materials, No. 801, 1975.
(c) USDC - Safe Handling of Radioactive Materials,
H92, 1964.
(d) NYDL - Ionizing Radiation Protection, Industrial
Code Rule No. 38 (12 NYCRR 38), effective July
10, 1978.
(41) Section 45-303H, Unstable chemicals.
(a) NFPA - Storage of Ammonium Nitrate, No. 490,
1975.
(42)' Section 45-304B, Bulk oxygen.
(a) NFPA - Bulk Oxygen Systems at Consumer
Sites, No. 50, 1974.
(43) Section 45-304C, Hydrogen.
(a) NFPA - Gaseous Hydrogen Systems at Con-
•
sumer Sites, No. 50A, 1973.
(b) NFPA - Liquified Hydrogen Systems at Con-
sumer Sites, No. 50B, 1973.
(44) Section 45-304D, Flammable anesthetics.
-
(a) NFPA - Inhalation Anesthetics, No. 56A, 1973.
4580 8-25-80
§ 45-602 FIRE PREVENTION § 45-602
(45) Section 45-304E, Nonflammable medical gases.
(a) NFPA - Inhalation Anesthetics, No. 56A, 1973.
(b) NFPA - Nonflammable Medical Gas Systems,
No. 56F, 1977.
• (46) Section 45-304F, Anhydrous ammonia.
(a) ANSI - Storage and Handling of Anhydrous
Ammonia, No. K61.1-1972.
(47) Section 45-305, Explosives, ammunition and blasting
agents.
(a) NFPA Storage of Ammonium Nitrate, No. 490,
1975.
(b) NFPA - Explosive Materials, No. 495, 1973.
(c) NFPA - Explosives, Motor Vehicle Terminals,
No. 498, 1976.
(d) NYDL - Sand, Gravel, Crushed Stone and Quarry
Operations, Industrial Code Rule 17, 1974.
(e) NYDL Underground Mining Operations, In-
dustrial Code Rule 31, 1974.
(f) NYDL - Possession, Handling, Storage and .
Transportation of Explosives, Industrial Code
Rule 39, 1973.
(g) NYDL - Open -Pit Mining Operations, Industrial
Code Rule 51, 1974.
(48) Section 45-306B, Welding and cutting.
(a) ANSI - Safety in Welding and Cutting, Z49.1-
1973.
(b) NFPA - Cutting and Welding Processes, No. 51B,
1977.
(49) Section 45-306C, Oxy -fuel gas welding and cutting.
(a) NFPA - Oxygen -Fuel Gas Systems for Welding
and Cutting, No. 51, 1977.
4581 8-25-80
§ 45-602 SOUTHOLD CODE § 45-602
(50) Section '45-306E, Acetylene generator houses and
rooms.
(a) NFPA - Acetylene Cylinder Charging Plants, No.
51A, 1974.
(51) Section 45-306F, Calcium carbide storage.
(a) NFPA - Oxygen -Fuel Gas Systems for Welding
and Cutting, No. 51, 1977.
(b) NFPA - Acetylene Cylinder Charging Plants, No.
51A, 1974.
(52) Section 45-307, Fumigants and thermal insecticidal
fogging liquids.
(a) NFPA - Fumigation, No. 57, 1973.
(53) Section 45-311, Magnesium.
(a) NFPA - Storage, Handling and Processing of
Magnesium, No. 48, 1974.
(b) NFPA - Aluminum or Magnesium Powder, No.
651, 1974.
(54) Section 45-312, Organic coatings.
(a) NFPA - Manufacture of Organic Coatings, No.
35, 1976.
(55) Section 45-315, Cellulose 'nitrate (pyroxlin) plastics.
(a) NFPA - Storage of Pyroxlin Plastic, No. 40E,
1975.
(56) Section 45-316, Cellulose nitrate motion -picture film.
(a) NFPA - Cellulose Nitrate Motion Picture Film, •
No. 40, 1974.
(57) Section 45-404, Fire exit drills.
(a) NFPA - Code for Safety to Life from Fire in
Buildings and Structures, Chapter 17, No. 101,
1976. .
4582 8-25-80
•
§ 45-603. FIRE PREVENTION § 45-603
§ 45-603. When effective.
This chapter shall take effect immediately.
4583 8-25-80
•
L�
§ 52-10.
§ 52-11.
§ 52-12.
§ 52-13.
§ 52-14.
§ 52-15.
§ 52-16
§ 52-20.
§ 52-21.
§ 52-22.
§ 52-23.
§ 52-24.
§ 52-25.
§ 52-26.
§ 52-27.
§ 52-28.
HOUSING
Chapter 52
HOUSING
ARTICLE I
General Provisions
Short title.
Purpose.
Scope.
Nonapplicability.
Applicability.
Reference to New York State Building Construction
Code.
Definitions.
ARTICLE II
Space Requirements
General requirements.
Occupancy classification of buildings.
Maximum occupancy.
Prohibited uses.
Habitable space.
Public space.
Nonhabitable space.
Access and vertical travel between stories.
Exits.
5201
SOUTHOLD CODE
ARTICLE III
Structural Requirements
§ 52-30.
General requirements.
§ 52-31.
Exterior protection.
§ 52-32.
Interior protection.
•
ARTICLE IV
Fire Safety Requirements
§ 52-40. Prohibited accumulations and storage.
§ 52-41. Fireplaces.
ARTICLE V
Equipment Requirements
§ 52-50. General requirements.
§ 52-51. Plumbing.
§ 52-52. Fuel gas.
§ 52-53. Heating.
§ 52-54. Chimneys, flues and gas vents.
§ 52-55. Incinerators.
§ 52-56. Electrical systems and equipment.
§ 52-57. Cooking and refrigeration.
§ 52-58. Air-conditioning and mechanical ventilation in one- and
two-family dwellings.
§ 52-59. Fuel oil.
ARTICLE VI
Property Maintenance Requirements
§ 52-60. General requirements.
5202
�1 HOUSING
§ 52-61. Open areas.
§ 52-62. Buildings and structures.
§ 52-63. Infestation and screening.
§ 52-64. Garbage and refuse.
ARTICLE VII
Compliance With Code
§ 52-70. Responsibilities of owners.
§ 52-71. Responsibilities of lodging house operators.
§ 52-72. Responsibilities of occupants.
ARTICLE VIII
Unfit Dwelling Units
§ 52-80. Designation by Building Inspector; conditions.
§ 52-81. Notice of intent to vacate.
§ 52-82. Order to vacate.
§ 52-83. Vacating of unfit dwelling.
§ 52-84. Removal of placard.
§ 52-85. Securing of vacated dwelling.
ARTICLE IX
Administration and Enforcement
0 § 52-90. Inspections.
§ 52-91.
Notice of violation.
§ 52-92.
Emergency powers.
§ 52-93.
Abatement of hazards in emergencies.
§ 52-94.
Recovery of expenses.
5203
0
§ 52-10 SOUTHOLD CODE § 52-10
§ 52-95. Compliance by .demolition.
§ 52-96. Reinspections.
§ 52-97. Extensions of time for compliance.
§ 52-98. Records; search of records.
ARTICLE X is
Appeals
§ 52-100.
Board of Housing Appeals.
§ 52-101.
Request for hearing.
§ 52-102.
Hearings.
§ 52-103.
Finding of hearing.
§ 52-104.
Record of hearing.
ARTICLE XI
Penalties i
§ 52-110. Penalties for offenses.
(HISTORY: Adopted by the Town Board of the Town of
Southold 12-12-67 as Local Law No. 1-1967. Section 52-110
amended during codification; see Ch. 1, General Provisions,
Article II. Other amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and recuse — See Ch. 48.
Tourist and trailer camps — See Ch. 88.
Zoning — See Ch. 100.
ARTICLE I
General Provisions
§ 52-10. Short title.
This chapter shall be known the "Housing Code of the Town of
Southold."
5204
f
§ 52-11 HOUSING § 52-14
§ 52-11. Purpose.
,The purpose of this code is to provide basic and uniform
standards governing the condition, occupancy and maintenance of
residential premises, and to establish reasonable safeguards for
the safety, health and welfare of the occupants and users thereof.
§ 52-12. 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
structures are located.
B. Residential buildings, including one- and two-family
dwellings and multiple dwellings, except as specifically
excluded in § 52-13.
C. Residential occupancies in buildings of mixed occupancy.
D. Accessory structures, accessory to residential occupancies.
§ 52-13. • Nonapplicability.
This code shall not apply to mobile homes and mobile home
courts nor to transient -type occupancies and uses, including, but
not limited to nursing and convalescent homes, hotels, motels,
tourist camps, farm labor camps, travel trailers and trailer parks
and other forms of temporary housing.'
§ 52-14. Applicability.
A. The provisions of this code shall supersede 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
contained shall be construed to prevent the adoption and
enforcement of a law, ordinance, code or regulation which is
1 Editor's Note: For provisions concerning mobile homes and trailers, see Ch. 88,
Tourist and Trailer Camps.
5205
§ 52-14 SOUTHOLD CODE § 52-16
more restrictive or establishes a higher standard than that
provided in this code, and such more restrictive require-
ment or higher standard shall govern during 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 sewage disposal law or
ordinance, or regulation adopted pursuant thereto,2 or
other local law, ordinance, code or regulation, the provision
or requirement which is more restrictive or which
establishes the higher standard shall prevail.
§ 52-15. Reference to New York State Building Construction
Code.
Installations, alterations and repairs to residential premises,
and materials, assemblies and equipment utilized in connection
therewith, shall be reasonably safe to persons and property and in
conformity with applicable statutes of the State of New York and
with orders, rules and regulations issued by authority thereof.
Conformity 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 persons and property.
§ 52-16. Definitions.
For the purpose of this chapter, the terms used herein are
defined as follows:
ACCESSORY STRUCTURE — A structure, the use of
which is incidental to that of the residential building and
which is located on the same premises as the residential
building.
ACCESSORY USE — A use, occupancy or tenancy
customarily incidental to the principal use or occupancy of
a residential building.
2 Editor's Note: See Ch. 100, Zoning, and Ch. 48, Gargage, Rubbish and Refuse.
5206
C§ 52-16 HOUSING § 51-16
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 than one-half ('/z) 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 (1) 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 within 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 one-half ('/s) 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 — A building containing
not more than one (1) dwelling unit occupied exclusively
for residential purposes.
DWELLING, TWO-FAMILY — A building containing
not more than two (2) dwelling units occupied exclusively
for residential purposes.
DWELLING UNIT — One (1) or more rooms with
provision for living, -cooking, sanitary and sleeping
facilities arranged for the use of one (1) family.
EXIT — A way of departure from the interior of a building
or structure to the exterior at street or grade, including
doorways, passageways, hallways, corridors, stairways,
ramps, fire escapes and all other elements necessary for
egress or escape.
FAMILY — A household constituting a single
housekeeping unit occupied by one (1) or more persons.
5207
§ 52-16 SOUTHOLD CODE § 52-16
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 — The natural surface of the
ground, or surface of the ground after completion of any
change in contour, abutting a building or premises. •
HABITABLE SPACE — The space occupied by one (1) or
more persons for living, sleeping, eating or cooking.
Kitchenettes shall not be deemed to be "habitable space."
INFESTATION — The presence, within or contiguous to
a dwelling, dwelling unit, lodging house, lodging unit or
premises, of insects, rodents, vermin or other pests.
KITCHEN — Space, sixty (60) square feet or more in floor
area, with a minimum width of five (5) feet, used for
cooking or preparation of food.
KITCHENETTE — Space, less than sixty (60) 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
meals, 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 ac-
cessory thereto.
MULTIPLE DWELLING:
A. A building containing three (3) or more dwelling units.
B. A building containing living, sanitary and sleeping
facilities occupied by one (1) or two (2) families and
more than four (4) lodgers residing with either one of
such families.
5208
§ 52-16 HOUSING § 52-16
C. A building with one (1) or more sleeping rooms, other
than a one- or two-family dwelling, used or occupied
by permanent or transient paying guests or tenants.
D. A building with sleeping accommodations for more
than five (5) persons, used or occupied as a club,
dormitory, fraternity or sorority house or for similar
40 uses.
E. A 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 for kit-
chenettes, 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 be-
tween stories.
PLUMBING SYSTEM — The water supply system, the
drainage system, the vent system, fixtures and traps,
including their respective connections, devices and ap-
purtenances within the property lines of the premises.
POTABLE WATER — Water which is approved for
drinking, culinary and domestic purposes by the Suffolk
County Board of Health.
PUBLIC SPACE — Space within a residential building for
public use, such as lobbies, lounges, reception, ball,
meeting, lecture and recreation rooms, banquet and dining
rooms and their kitchens, and swimming pools.
SEWAGE — Liquid waste containing animal or vegetable
matter in suspension or solution and which may include
industrial 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 (1) or
more water closets, which may also contain one (1) or more
lavatories, urinals and other plumbing fixtures.
�- 5209
§ 52-16 SOUTHOLD CODE § 52-21
VENTILATION — Supply and removal of air to and from
a space by natural or mechanical means.
VENTILATION, MECHANICAL — Ventilation, by
power -driven devices.
VENTILATION, NATURAL — Ventilation by opening to
outer air through windows, - skylights, doors, louvers or
stacks, with or without wind -driven devices.
ARTICLE II
Space Requirements
§ 52-20. General requirements.
A. Buildings occupied in whole or in part, as defined in this
code, shall comply with the requirements hereinafter set
forth concerning 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.
§ 52-21. Occupancy classification of buildings.
Buildings, for the purpose of this code, shall be classified in
respect to their occupancies as follows:
A. One- and two-family dwellings.
(1) Buildings containing one (1) or two (2) dwelling units
with not more than four (4) lodgers residing with a
family in either one of such dwelling units.
B. Multiple dwellings. i
11) Buildings containing one (1) or two (2) dwelling units
with more than four (4) lodgers residing with a family
in either one of such dwelling units.
(2) Buildings containing three (3) or more dwelling units.
( 3) Apartment houses and apartment hotels.
5210
•
0
§ 52-21
HOUSING
§ 52-22
(4) Lodging houses.
(5) Buildings with sleeping accommodations for more
than five (5) persons, used or occupied as a club,
dormitory, fraternity or sorority house or for similar
uses.
(6) Garden apartments.
C. Accessory structures.
(1) Garages, carports and similar -type structures on
residential premises.
§ 52-22. Maximum occupancy.
A. In dwelling 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
follows:
(1) One (1) occupant per room having a floor area of at
least eighty (80) but less than one hundred twenty
(120) square feet.
(2) Two (2) occupants per room having a floor area of at
least one hundred twenty (120) but less than one
hundred eighty (180) square feet.
(3) Three (3) occupants per room having a floor area of
one hundred eighty (180)_ square feet or more.
B. In lodging units, the maximum number of occupants shall
be limited to the number determined on the same basis as
for dwelling units.
C. In buildings occupied as clubs, dormitories, sorority or
fraternity houses and providing sleeping accommodations
for more than five (5) 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 fifty (50 )
square feet per occupant.
5211
§ 52-23 SOUTHOLD CODE § 52-24
§ 52-23. Prohibited uses:
A. It shall be prohibited to use any kitchen, nonhabitable
space or public space for sleeping purposes.
B. It shall be prohibited to use any communal kitchen con-
taining less than one hundred (100) square feet of floor
area, or any nonhabitable space or public space other than
dining space, for dining purposes in lodging houses. •
C. It shall be prohibited to prepare or eat meals in lodging
units.
D. It shall be prohibited to u: -,e any cellar space as habitable
space.
§ 52-24. Habitable space.
A. Size.
(1) 'A dwelling unit shall contain at least one (1) habitable
room having a minimum of one hundred fifty (150 )
square feet of floor area and a minimum horizontal
dimension of ten (10) feet.
(2) Kitchens shall have a minimum of sixty (60) square
feet of floor area, and other habitable spaces shall
contain not less than eighty (80) square feet of floor
area and shall }gave a minimum horizontal dimension
of seven (7) feet.
(3) Eveiy alcove less than sixty (60) square feet in area,
except a cooking space or foyer, shall be deemed to be
part of a habitable room.
(a) The area of the opening in the dividing partition
between the alcove and the room shall be at least
eighty percent (80%) of the wall area of such
partition, measured on the alcove side, but not
less than forty (40) square feet.
(b) The depth of such alcove shall not exceed one-half
('/s) its width.
5212
§ 52-24 HOUSING § 52-24
(c) 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.
(d) An alcove with an area of sixty (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.
B. Basements. Basements shall not be deemed habitable
space where required windows are located only on one (1)
wall and the depth of the basement space exceeds four (4)
times its clear height.
C. Light and ventilation.
(1) Habitable space shall be provided with natural light
through one (1) or more windows, skylights, trans-
parent or translucent panels or any combinations
thereof that face directly on legal open spaces at least
six (6) inches above the adjoining finished grade or
above a roof. The amount of light shall be equivalent
L—� to that transmitted through clear glass equal in area
to ten percent (10%) of the floor area of the habitable
space.
(2) Habitable space shall be provided with artificial light.
(3) 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 five
percent (5%) of the total floor area of each habitable
space.
(4) Habitable space may also be provided with mechanical
ventilation in addition to natural ventilation.
D. Miscellaneous requirements.
(1) Dwelling units shall be separated from each other and
from other spaces outside the dwelling unit.
5213
§ 52-24 SOUTHOLD CODE § 52-25
(2) Sleeping rooms within dwelling units shall be
separated from each other and from other spaces
outside the sleeping rooms, to provide privacy.
(3) Lodging units shall be separated from each other and
from other spaces outside the lodging units.
(4) 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 lodging unit of another occupant.
§ 52-25. Public space.
A. Height. Public space shall have a minimum height of six
(6) feet ten (10) inches measured from finished floor to
finished ceiling.
B. Light and ventilation.
(1) Public spaces shall be provided with artificial light.
(2) 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:
(a) A sufficient number of fixtures shall be provided
so that the distance between fixtures is not more
than thirty (30) feet and so that no wall is more
than fifteen (15) feet distant from a fixture.
(b) Incandescent lighting shall be based on not less
than one-fourth 04) watt per square foot of floor
area, except that each fixture shall have a lamp or
lamps with a total of not less than twenty-five
(25) watts.
(c) Fluorescent lighting shall be based on not less
than one-tenth (1/10) watt per square foor of floor
area, except that each fixture shall have a lamp or
lamps of a total of not less than fifteen (15) watts.
5214
§ 52-25 HOUSING § 52-26
(d) Where, under these formulas, the calculated
wattage does not correspond to that of a standard
lamp, the next larger size shall be used.
(3) Public spaces shall be provided either with natural
ventilation conforming to the requirements for
habitable space or with mechanical ventilation.
§ 52-26.
Nonhabitable space.
A. Toilet rooms and bathrooms.
(1)
Toilet rooms and bathrooms in one- and two-family
dwellings shall have provisions for privacy.
(2)
Toilet rooms and bathrooms for dwelling units in
multiple dwellings shall be located within the dwelling
units and shall be accessible from any sleeping room
without passing through any other sleeping room.
(3)
Unless located within dwelling units or directly
connected with sleeping rooms, toilet rooms and
bathrooms in multiple dwellings shall be provided on
each story containing habitable space and shall be
accessible thereto.
(4)
Bathrooms and toilet rooms shall be provided with
floors of moisture -resistant material.
B. Light and ventilation.
(1)
Kitchenettes, bathrooms and toilet rooms shall be
provided with artificial light appropriate for the use of
such rooms.
(2)
Laundry rooms, furnace rooms and similar
nonhabitable space shall be provided with artificial
light appropriate for the intended use of such rooms.
(3)
Stairs shall be provided with artificial light to allow
safe ascent or descent.
(4)
Kitchenettes, bathrooms and toilet rooms shall be
provided with ventilation in accordance with either of
the following:
5215
L
§ 52-26 SOUTHOLD CODE § 52-30
(a) Natural ventilation as required for habitable
space, except that such openable areas shall be
not less than one and one-half (1'/2) square feet for
bathrooms or toilet rooms and not less than three
(3) square feet for kitchenettes; or
(b) Mechanical ventilation exhausting not less than
twenty-five (25) cubic feet per minute (cfm) for
bathrooms and toilet rooms and not less than one
hundred (100) cubic feet per minute (cfm) for
kitchenettes.
§ 52-27. 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.
§ 52-28. 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 case
of emergency.
C. In one- and two-family dwellings, in addition to a primary
exit from the building, there shall be provided a secondary
exit or, in lieu thereof, one (1) or more exit openings for
emergency use.
ARTICLE III
Structural Requirements
§ 52-30. General requirements.
A. Buildings and parts thereof shall be maintained so as to be
capable of sustaining safely their own weight and the loads
to which they may be subject.
L_
5216
•
•
§ 52-30 HOUSING § 52-32
B. Buildings shall be maintained so that loads are transmitted
to the soil without undue differential settlement, unsafe
deformation or movement of the building or of any
structural part.
C. Buildings shall be maintained so that protectionis
• provided for all structural 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.
§ 52-31. Exterior protection.
A. Foundation walls shall be maintained so as to be struc-
turally sound and to prevent entrance of moisture, termites
and vermin.
B. Exterior walls and wall components shall be maintained so
as to prevent deterioration 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.
§ 52-32. Interior protection.
A. Structural members shall be maintained so as to be
• structurally sound. Such maintenance shall consist of
shoring, reinforcement or repair where necessary, frequent
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 clearing flue
stoppages, sealing open joints, repairing masonry where
necessary and other suitable means.
5217
§ 52-32 SOUTHOLD CODE §. 52-41
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. Maintenance shall consist of repairs which ef-
fectively provide the moistureproof and waterproof
qualities required for the particular floor.
ARTICLE IV
Fire Safety Requirements
§ 52-40. Prohibited accumulations and storage.
It shall be prohibited: _
A. To accumulate or store on residential premises, except in
approved locations, 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 wastepaper, boxes, rags
or similar materials.
B. To accumulate or store materials on fire escapes or stairs,
in stairways or passageways, at doors or windows or in any
other locations where, in the event of fire, such materials
may obstruct egress of occupants or interfere with
fire -fighting operations.
§ 52-41. Fireplaces.
A. Fireplaces and similar constructions 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.
5218
§ 52-41 HOUSING § 52-51
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 temperatures.
C. Wood mantels and trim on fireplaces shall be placed and
attached so that they cannot be heated to unsafe tem-
is
peratures or ignited by sparks or embers from the fire.
ARTICLE V
Equipment Requirements
§ 52-50. General requirements.
A. Plumbing, heating, electrical, ventilating, air-conditioning,
refrigerating, cooking, fire protection and radiation
production equipment, and 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 conditions 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.
C. Moving parts of equipment which may be a potential
hazard shall be guarded to protect against accidental
contact.
§ 52-51. Plumbing.
A. General requirements.
(1) Plumbing systems shall be maintained in sanitary and
serviceable condition.
5219
§ 52-51 SOUTHOLD CODE § 52-51
(2) Plumbing systems shall be maintained so as not to
weaken structural members nor cause damage or
deterioration to any part of the building through
fixture usage.
B. Water supply.
(1) Potable water from an approved source shall be
available at all times in residential buildings. The •
domestic water supply system of the building shall be
connected 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.
(2) Water supply systems shall be installed and main-
tained so as to provide at all times a supply of water to
plumbing fixtures, devices and appurtenances in
sufficient volume and at pressures adequate to enable
them to function satisfactorily and without undue
noise under all normal conditions of use.
(3) Water supply systems shall be installed and main-
tained so that water used for purposes of cooling or
heating shall not be reintroduced into the domestic
water supply system nor be distributed through such
equipment to plumbing fixtures.
(4) Hot water supply systems shall be provided with
safety devices arranged to relieve hazardous pressures
and excessive temperatures.
C. Sewage drainage system.
(1) Plumbing fixtures shall be drained into a sewage
drainage system and such system shall be connected
to a public sewer or to an adequate and approved
system of sewage disposal.
(2) Where a public sewer is not available, a system shall
be provided to receive and dispose of sewage without
health hazard or nuisance.
(3) Sewage or other waste which may be deleterious to
surface or subsurface waters shall not be discharged
5220
§ 52-51 HOUSING § 52-51
into the ground or into a waterway unless it -has first
been rendered harmless through subjection to
treatment in conformity with generally accepted
standards.
(4) Substances which will clog the pipes, produce ex-
plosive mixtures, destroy the pipes or their joints or
• interfere 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.
1
(5) Each fixture directly connected to the sewage
drainage system shall be equipped with a water -seal
trap.
(6) Adequate cleanouts shall be provided and maintained
so that the pipes may be readily cleaned.
(7) The drainage system and its attendant vent piping
shall be maintained so as to provide adequate cir-
culation of air in all pipes in order that siphonage,
aspiration or pressure will not cause a loss of trap seal
under ordinary conditions of use.
(8) 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.
(9) Drains provided for fixtures, devices, appliances or
apparatus containing food, water, sterile goods or
similar materials shall be equipped with air breaks
adequate to prevent contamination of such contents
from any possible backup of sewage through the direct
or indirect drainage piping.
D. Plumbing facilities.
(1) Buildings and portions thereof shall be provided with
plumbing systems designed to dispose of the sewage
from all fixtures and to furnish cold water to every
water closet and urinal and hot and cold water to every
sink, lavatory, bathtub and shower required therein.
5221
§ 52-51 SOUTHOLD CODE § 52-52
(2) There shall be provided within each dwelling unit,
plumbing fixtures consisting of at least:
(a) One (1) kitchen sink,
(b) One (1) water closet.
(c) One (1) bathtub or shower.
(d) One (1) lavatory. •
§ 52-52. Fuel gas.
A. General requirements.
(1) Fuel -gas piping systems shall be installed and
maintained so as to remain gastight, safe and
operative under conditions of use.
(2) 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.
B. Shutoff valves.
(1) Gas piping systems shall have at least one (1) ac-
cessible means for shutting off all gas supply and such
means shall be maintained in good operating con-
dition.
(2) An easily accessible shutoff valve or cock shall be
provided in the piping in close proximity to and ahead
of every outlet for gas appliance.
C. Service equipment for gas supplied from utility mains. Gas
services, gas meters and gas pressure regulators shall be
located so that they are protected from damage.
D. Gas refrigerators and ranges. Gas refrigerators and ranges
shall be installed with clearance for ventilation and shall be
maintained in good operating condition.
E. Liquefied petroleum gas.
5222
i
§ 52-52 HOUSING § 52-53'
(1) Undiluted liquefied petroleum gas in liquid form shall
not be conveyed through piping equipment and
systems in buildings.
(2) Liquefied petroleum gas shall not be vaporized by
devices utilizing an open flame or open electrical coil.
• (3) Where two (2) or more containers are installed,
connection shall be arranged so that containers can be
replaced without shutting off the flow of gas to
equipment.
(4) Containers shall be designed, located and stored so as
not to be a hazard to the premises served or to the
surrounding property.
(5) Systems shall be provided with safety devices to
relieve excessive pressures and shall be arranged so
that the discharge terminates at a safe location.
(6) Systems shall have at least one (1) accessible means
for shutting off the gas. Such means shall be located
outside the building and shall be maintained in good
operating condition.
§ 52-53. Heating.
A. General requirements.
(1) Residential buildings intended for occupancy between
the first day of November and the first day of May of
the following year shall be provided with heating
equipment designed to maintain a temperature of not
less than seventy degrees Fahrenheit (70° F.) at a
distance of three (3) feet and more from exterior walls
and at a level of five (5) feet above the floor in
habitable spaces, kitchenettes, bathrooms and toilet
rooms. The capability of the heating equipment to
maintain such indoor temperature shall be based on
the average of the recorded annual minimum outside
temperatures for the locality.
5223
§ 52-53 SOUTHOLD CODE § 52-53
(2) In multiple dwellings, adequate heat shall be provided
to maintain the indoor temperature in habitable
spaces, kitchenettes, bathrooms and toilet rooms at
seventy degrees Fahrenheit (70° F.) from 6:00 a.m. to
11:00 p.m. when the outside temperature falls below
fifty-five degrees Fahrenheit (55° F.).
B. 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.
C. Warm -air heating. Ducts and other air -handling equipment
used for heating shall conform to the requirements of such
equipment used for ventilating purposes.
D. Prohibited locations for heat -producing equipment. Fuel -
burning water heaters shall not be located in sleeping
rooms.
E. Fuel supply connection. ~1
(1) Fuel -burning equipment shall be permanently
fastened and connected in place.
(2) Fuel supply connection to such equipment shall be
made with pipe or tubing of solid metal.
F. 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 temperature
on the surface of the combustible materials will not exceed
a safe temperature.
G. Air supply.
(1) Direct -fired heat -producing equipment and the en-
closure in which it is located 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 ac-
cumulation of heat.
5224
§ 52-53 HOUSING § 52-53
(2) Rooms containing fuel -burning equipment shall have
such air supply provided by means of one (1) or more . .
openings to the exterior or by means of fixed openings
to interior spaces which open .to the exterior.
H. Removal of products of combustion.
(1)
Equipment for burning solid or liquid fuel shall be
•
connected to suitable chimneys or flues and shall ' not
be connected to gas vents. Unvented heaters burning
liquid fuel shall be prohibited.
(2)
Fuel -burning space heaters located in sleeping rooms
or rooms normally kept closed shall be connected to ,a
suitable chimney, flue or gas vent.
(3)
' Gas-fired equipment -shall be connected to- a- suitable
chimney, flue or gas vent when the discharge of .
products of combustion into the space where the
equipment is installed would be a hazard.
I. Safety devices.
(1)
Equipment capable of developing hazardous pressures
or temperatures shall be provided with means to
relieve safely such pressures and temperatures.
(2)
Controls for the safe operation of automatically
operated heat -producing equipment shall be provided
to function as follows:
(a) When failure or interruption of flame or ignition
occurs, the fuel supply shall be cut off.,
(b) When a predetermined temperature or pressure is
exceeded, the input of additional heat shall be
prevented. or reduced to a safe rate.
•
(c) When the water level in a steam boiler drops
below a predetermined level, the fuel supply shall
be cut off.
(d) When failure or interruption of the pilot light or
main burner of liquefied petroleum gas equipment
5225 B-25-83
§ 52-53 SOUTHOLD CODE-.. § 52-53
occurs, the fuel supply -to each pilot light and
main burner shall be cut off.
J. Portable heaters. [Added 3-9-82 by L.L. No. 1-1982;
amended 7-19-83 by L.L. No. 8-19831
(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 ex-
tinguishing available. Unvented portable heating
equipment used for this purpose must be listed by a "
nationally recognized testing laboratory and shall be
operated and maintained in accordance with
manufacturer's recommendations. This Subsection 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 shall be main-
tained in proper operating .condition.
(3) Portable electric heaters shall be equipped with
automatic shutoff devices for safety purposes in the
event of tipping over.
(4) 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 shall comply with the applicable storage and
handling requirements specified. in Chapter 45, Fire
Prevention, of the Town Code.. _
5226 B-25-83
§ 52-54 HOUSING § 52-56 -
§ 52-54. Chimneys, flues and gas vents.
A. General requirements.
(1) Chimneys, flues, gas vents 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 soften-
ing, cracking, corroding or spalling.
(2) Such facilities shall effectively convey the products of
combustion to the outer air.
(3) Masonry chimneys, except approved prefabricated
chimneys, shall have noncombustible foundations.
(4) Flue linings shall be capable of withstanding the
action of flue gas without softening, cracking;
corroding or spalling at the temperature to which they
will be subjected.
(5) Openings for smoke pipes or gas vent connections
shall be provided with means for easy connection
without restriction of flue.
B. Fire safety. Chimneys, flues and gas vents shall be in-
stalled and maintained so that under conditions of use the
temperature of any combustible material adjacent thereto,
insulated therefrom or in contact therewith does not exceed
a safe temperature.
§ 52-55. Incinerators.
Incinerators shall be of adequate capacity for the intended use.
• § 52-56. Electrical systems and equipment.
A. General requirements.
(1) Electrical wiring and equipment shall be installed in
conformity with generally accepted standards -and
maintained so as not to be a potential source of
(Cont'd on page 5227)
5226.1 8-25-83
§ 52-56 HOUSING § 52-57
ignition of combustible material or a potential source
of electrical hazard.
(2) Electrical wiring and equipment shall be firmly
secured to the surface on which it is mounted.
(3) 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.
(4) Electrical wiring and equipment shall be protected
against excessive current by properly rated over -
current devices.
(5) Electrical wiring and equipment shall be grounded or
otherwise protected by insulation, isolation or
guarding so as to minimize the danger of high voltages
from lightning or other causes.
(6) Electrical equipment which in ordinary operation
produces arcs or sparks shall be enclosed unless
separated and isolated from all combustible material.
(7) Service equipment and overcurrent protection devices
shall be installed and maintained in a readily ac-
cessible location.
B. Artificial lighting.
(1) Residential buildings and occupancies shall be wired
for electricity and lighting equipment shall be in-
stalled throughout to provide adequate illumination
for the intended use of each space. Electrical wiring
systems shall be connected to an adequate source of
supply.
i(2) There shall be a switch or other means for controlling a
light in each dwelling unit near the point of entrance to
such unit.
§ 52-57. Cooking and refrigeration.
A. General requirements.
5227
§ 52-57 SOUTHOLD CODE § 52-58
(1) Each dwelling unit shall be provided with appropriate
cooking and refrigeration equipment.
(2) Cooking and refrigeration equipment shall be
maintained in good operating condition.
(3) Gas -burning cooking equipment shall be permanently
fastened and connected in place. Gas supply con- •
nections to such equipment shall be made with pipe or
tubing of solid metal.
(4) Solid -fuel -burning cooking equipment shall be ap-
propriately vented.
B. Communal cooking and dining facilities. Communal kitch-
ens and dining rooms shall comply with the following
requirements:
(1) Communal kitchens shall contain at least one (1)
kitchen sink, at least one (1) kitchen gas or electric
stove equipped with an oven and not less than four (4)
top burners, at least one (1) electric or gas -type
refrigerator with adequate food storage capacity but 9
in no case less than eight (8) cubic feet nominal size.
Dining space and eating facilities where provided in
the kitchen area shall comply with the requirements
for communal dining rooms.
(2) Communal dining rooms shall contain at least one (1)
dining chair and two (2) linear feet of dining space for
each occupant permitted in a- dining room at any
particular time.
§ 52-58. Air-conditioning and mechanical ventilation in one- and •
two-family 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
fire -stopped.
5228
U�
§ 52-59 HOUSING § 52-61
§ 52-59. Fuel oil.
A. General requirements. Fuel oil shall be received, stored and
conveyed by means of fixed liquidtight equipment.
B. Storage tanks.
(1) Tanks shall be provided with means for venting.
40 (2) Tanks shall be installed and maintained so as not to be
a hazard to the premises served or the surrounding
property.
C. Piping.
(1) Automatically operated boilers and furnaces using
fuel oil shall be provided with remote control'to stop
the flow of oil during fire or other emergency.
(2) Filling, emptying and venting of tanks shall be by
means 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
§ 52-60. 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.
0 §'52-61. Open areas.
A. Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent
development of stagnant ponds. Gutters, culverts, catch
basins, drain inlets, stormwater sewers, approved com-
bined storm and sanitary sewers or other satisfactory
drainage systems shall be utilized where deemed necessary.
5229
§ 52-61 SOUTHOLD CODE § 52-63
,B. Fences and other minor constructions shall be maintained
in safe and substantial condition.
C. Steps, walks, driveways, parking spaces and similar paved
areas shall be maintained so as to afford safe passage under
normal use and weather conditions.
D. Yards and courts shall be kept clean and free of physical
hazards. 41
E. Heavy undergrowths and accumulations of plant growth
which are noxious or detrimental to health shall be
eliminated.
§ 52-62. Buildings and structures.
A. Floors, walls, ceilings, furnishings and fixtures of
residential buildings shall be maintained in clean and
sanitary condition.
B. Accessory structures shall be maintained so as to be free of,�
conditions detrimental to safety or health.
§ 52-63. 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
materials.
C. From May 1 to October 1 of each year, entrances to
residential buildings shall be provided with self -closing -
type devices or screens, and windows and other openings
used for ventilation shall be appropriately screened.
5230
U
§ 52-64 HOUSING § 52-71
§ 52-64. Garbage and refuse.3
Adequate sanitary facilities and methods shall be used for the
collection, storage, handling and disposal of garbage and refuse.
ARTICLE VII
Compliance With Code
§ 52-70. 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 oc-
cupants as to which party shall assume such responsibility.
B. Owners of premises shall be responsible for the proper
maintenance, condition and operation of service facilities.
`J
§ 52-71. Responsibilities of lodging house operators.
Lodging house operators shall be responsible for compliance
with this code in regard to the following:
A. Limiting occupancy to the maximum permitted by this
code.
B. Maintenance in safe and sanitary condition of all parts of
lodging house premises.
C. Maintenance and operation of all required service facilities.
D. Maintenance of all plumbing, cooking and refrigeration
• fixtures and appliances within his control, as well as other
building equipment and facilities, in an operative, clean
and sanitary condition.
E. Sanitary maintenance of walls, floors and ceilings.
F. Keeping exits clear and unencumbered.
3 Editor' Note: See Ch. 48, Garbage, Rubbish and Refuse; and Ch. 57, Littering.
5231
§ 52-71 SOUTHOLD CODE § 52-72
G. Disposal of building's garbage and refuse in a clean and
sanitary manner.
H. Extermination of insects, rodents or other pests on the
premises.
I. Hanging and removing required screens.
41
§ 52-72. Responsibilities of occupants.
Occupants of dwelling units shall be responsible for compliance
with this code in regard to the following:
A. Limiting occupancy of that part of the premises which he
occupies or controls to the maximum permitted by this
code.
B. Maintenance of that part of the premises which he occupies
or controls in a clean, sanitary and safe condition.
C. Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equip-
ment and storage facilities, in that part of the premises
which he occupies or controls, in a clean and sanitary
condition, and providing reasonable care in the operation
and use thereof.
D. Keeping exits from his dwelling unit clear and unen-
cumbered.
E. Disposal of garbage and refuse into provided facilities in a
clean and sanitary manner.'
F. Extermination of insects, rodents or other pests within his
dwelling unit if his unit is the only one infested in the •
premises.
G. Hanging and removing required screens.
H. Keeping his domestic animals and pets in an appropriate
manner and under control.
4 Editor's Note: See Ch. 48, Garbage, Rubbish and Retuse.
5232
§ 52-80 HOUSING § 52-81
ARTICLE VIII
Unfit Dwelling Units
§ 52-80. Designation by Building Inspector; conditions.
Any dwelling units, rooming house or rooming unit having any
of the defects set forth in Subsections 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 ho:dth and
safety of the occupants or the public.
B. The structure is damaged, decayed, dilapidated, un-
sanitary, 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 occupants, is so un-
sanitary, unsafe, overcrowded or otherwise detrimental to
�J 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 oc-
cupant to comply with such notices or orders issued
pursuant to this code, is unfit for human habitation.
§ 52-81. Notice of intent to vacate.
Whenever the Building Inspector determines that a dwelling,
dwelling unit, rooming house or rooming unit is unfit for human
habitation as provided in § 52-80, he may include such finding
within the notice of violation provided for in § 52-91 of this code.
He may also include a notice of his intent to order the vacation of
and to 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.
5233
§ 52-82 SOUTHOLD CODE § 52-85
§ 52-82. Order to vacate.
Whenever a notice of violation, as provided in § 52-81 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 § 52-91
of this code. •
§ 52-83. Vacating of unfit dwelling.
Any dwelling, dwelling unit, rooming house or rooming unit
designated as unfit for human habitation pursuant to § 52-80 and
ordered to be vacated as provided in § 52-82 shall be vacated
within such reasonable 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,
nor the placard removed, until written approval is secured from
the Building Inspector.
§ 52-84. 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
§ 52-83.
§ 52-85. Securing of vacated dwelling.
The owner, agent or operator of any dwelling, dwelling unit, •
rooming house or rooming unit which has been designated asunfit
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.
5234
§ 52-90 HOUSING § 52-91
ARTICLE IX
Administration and Enforcement
§ 52-90. Inspections.
A. The Building Inspector shall be authorized to make or
cause to be made inspections to determine the condition of
dwellings, dwelling- units, rooming houses, rooming units
and pre.��s in order to safeguard the health, safety,
morals and welfare of the occupants thereof or of the
public.
B. 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.
C. Any person who, having granted to the Building Inspector
or his designated representatives access or admission to
any dwelling, dwelling unit, rooming house, rooming unit
or premises for the purpose of an inspection, shall interfere
1 'y with or hinder the Building Inspector or his designated
representatives in the performance of their duties under
this code, shall be guilty of a violation of this code.
D. 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.
§ 52-91. Notice of violation. [Amended 8-26-76 by L.L. No. 3-
19761
Whenever the Building Inspector determines that there has
been a violation, or that 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 violation 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 ten (10) days nor more
than thirty (30) days for compliance, and shall be served upon the
owner, agent, operator or occupant, as the case may require. Such
5235 10-25-76
§ 52-91 SOUTHOLD CODE § 52-93
notice shall be deemed to be properly served upon him if a copy is
served upon him personally or if a copy thereof is sent by certified
mail to the last known address of such person and a copy is posted
in a conspicuous 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 for a hearing before the Board of Housing Appeals as
provided in § 52-101 of this code. Such notice may contain an
outline of remedial action which, if taken, will effect compliance
with the provisions of the code.
§ 52-92. Emergency powers.
Whenever the Building Inspector finds a violation of this code
which, in his opinion, requires immediate action to abate a direct
hazard or immediate danger to the health or safety of the oc-
cupants of a building or of the public, he may, without prior notice
or hearing, issue an order citing the violation and directing that
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 § 52-82. Notwithstanding any other provision of this code, such
an order shall be effective immediately upon service and shall be
complied with immediately.
§ 52-93. Abatement of hazards in emergencies.
Whenever any violation of this code exists, which, in the
opinion of the Building Inspector, causes a direct hazard or im-
mediate danger to the health and safety of the occupants of a
building or the public, and such violation has not been corrected in
the time specified by the order issued under § 52-92 of this code,
the Building Inspector may take such direct action as is necessary
to abate the hazard or danger. Expenses incurred in the execution
of such orders shall be recovered as provided in § 52-94 of this
code.
5236 10-25-76
C
§ 52-94 HOUSING § 52-94
§ 52-94. Recovery of expenses.
The expenses incurred pursuant to § 52-93 of this code shall be
paid by the owner or occupant of the premises or by the person
who caused such violation to exist, as follows:
A. 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 § 52-93 of this code. A copy. of such affidavit shall be
served upon the owner or occupant of the premises as
provided in § 52-91 of this code.
B. Within ten (10) days thereafter the owner or occupant upon
whom a copy of 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 Building Inspector. If such a request is not
received within ten (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 ten (10) days' written notice thereof. Such hearing
shall commence not later than thirty (30) days after the
date on which the request was filed; however, hearings
may be postponed beyond such thirty -day period for good
and sufficient reason.
C. 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 of the Building Inspector
are not accurate. The Board of Housing Appeals may
sustain or modify any items of expenses listed in said
affidavit.
D. Upon the completion of all work under § 52-93 of this code,
the Building 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-
cupant as provided in § 52-91 of this code.
E. The Building Inspector may institute an action to recover
such expenses against any person liable therefor or may
5237
§ 52-94 SOUTHOLD CODE § 52-97
cause a report setting forth all items of expenses incurred
under § 52-93 of this code to be filed with the Town Board
of the Town of Southold.
F. The Town Board, after a public hearing and notice to the
owner or occupant of the premises, may cause the items of
expenses incurred pursuant to actions authorized by § 52-
93 of this code to be assessed against the land upon which •
the building or structures are located. The said amount
shall be reported to the Board of Assessors of the Town of
Southold as an assessment to be included in the next
succeeding assessment roll of the Town of Southold to be
thereafter prepared.
§ 52-95. Compliance by demolition.
Any owner of a building receiving a notice of violation stating
that such building does not comply with the provisions of this
code may demolish such building, and such action shall be deemed
compliance. ;
§ 52-96. Reinspections.
At the end of the period specified in the notice of violation or
any extension thereof, it shall be the duty of the Building In-
spector to make or cause to be made a reinspection of the dwelling,
dwelling unit, rooming house, rooming unit or premises, and if
compliance has not been established, appropriate legal action
shall be instituted.
§ 52-97. Extensions 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 conditions exist which prevent immediate com-
pliance.
5238
U
§ 52-98 HOUSING § 52-101
§ 52-98. Records; search of records.
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 a violation or the absence of
any violations, upon payment of one dollar ($1.) for each page
thereof.
ARTICLE X
Appeals
§ 52-100. Board of Housing Appeals.
The Town Board shall appoint a Board of Housing Appeals
consisting of three (3) members and shall designate its Chairman.
Of the members first appointed, one (1) shall hold office for a term
of one (1) year, one (1) for a term of two (2) years and one (1) for a
term of three (3) years from and after their appointment. Their
successors shall be appointed for a term of three (3) years from
' and after the expiration of the terms of their predecessors in office.
If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by the Town 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 its hearings
and other official actions.
§ 52-101. Request for hearing.
Any person affected by any notice of violation issued in con-
nection with the enforcement of any provision of this code may
request and shall be granted a hearing 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 statement of the grounds therefor, designating the
person and his address upon whom orders 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 the notice of violation, compliance with
5239
§ 52-101 SOUTHOLD CODE § 52-104
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 building or the
general public.
§ 52-102. Hearings.
•
Upon receipt of a request for a hearing as provided in § 52-101,
the Building Inspector shall give written notice of the filing of the
request for a 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 was filed; however, hearings may be
postponed beyond such thirty -day period for good and sufficient
reason. At such hearing, th^ applicant or his representative shall
be given an opportunity to show cause . why such notice of
violation should be modified or withdrawn.
§ 52-103. Finding of hearing.
After a hearing held in accordance with § 52-102 of this code,
and on consideration of the evidence presented, the Board shall
sustain, modify or withdraw the notice. Where there are practical
difficulties or unreasonable hardships in the literal enforcement of
the provisions of this cods, the Board shall have the power to
authorize a variance from the provisions of this code, provided
that the intent of the code shall be observed with respect to
safeguarding the public health and safety.
§ 52-104. Record of hearing.
0
The Board of Housing Appeals shall keep a summary of the
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 maintained as a
public record.
5240
§ 52-110 HOUSING § 52-110
ARTICLE XI
Penalties
§ 52-110. Penalties for offenses.
A. Any person committing an offense against any provision of
this chapter, or any person who fails to comply with a
• notice or order within the time limit stated therein, shall,
upon conviction they eof, be guilty of a violation punishable
by a fine not exceeding two hundred fifty dollars ( $250.) or
by imprisonment for a term not exceeding fifteen (15) days,
or by both such fine and imprisonment. The continuation
of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
0
B. In addition to the above -provided penalties, the Town
Board may also maintain an action or proceeding in the
name of the town in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the
violation of this chapter.
5241
§ 97-11 WETLANDS § 97-12
in order to minimize damage from erosion, turbidity or
siltation, saltwater intrusion, loss of fish, shellfish or other
beneficial marine organisms, aquatic wildlife and
vegetation and the destruction of the natural habitat
thereof, to minimize danger of flood and storm -tide damage
and pollution, and to otherwise protect the quality of
• wetlands, tidal waters, marshes, shore lines, beaches and -
natural drainage systems for their conservation, economic,
aesthetic, recreational and other public uses and values,
and, further, to protect the potable fresh water supplies of
the town from the dangers of drought, overdraft, pollution
from saltwater intrusion and misuse or mismanagement.
Therefore, the Town Board declares that the regulation of
the wetlands of the Town of Southold is essential to the
health, safety and welfare of the people of the Town of
Southold.
§ 97-12. Exceptions.
A. The provisions of this chapter shall not affect or prohibit
nor require a permit for the following:
(1) The ordinary and usual mosquito control operations
conducted by any public authority.
(2) The ordinary and usual operations incidental to the
cultivation and/or harvesting of fish and shellfish.'
(3) The ordinary and usual operations relative to con-
servation of soil, vegetation, fish, shellfish and
wildlife.
(4) The ordinary and usual operations relative to
agriculture, aquaculture or horticulture.
(5) The ordinary and usual maintenance or repair of a
presently existing building, dock, pier, wharf,
bulkhead, jetty, groin, dike, dam or other water
control device or structure.2
1 Editor's Note: See Ch. 77, Shellfish.
2 Editor's Note: See Ch. 32, Boats, Docks and Wharves.
9703
§ 97-12 SOUTHOLD CODE § 97-13
B. Nothing contained in this chapter shall be deemed to affect
any areas in the town within the jurisdiction of the
Southold Town Board of Trustees.
§ 97-13. Definitions. •
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein.
When not inconsistent with the context, words in the present
tense include the future; words used in the plural number include
the singular number; and words used in the singular number
include the plural number. The word "shall" is always mandatory
and not directory.
MATERIAL — Soil, sand, gravel, clay, bog, peat, mud or
any other material, organic or inorganic.
OPERATIONS:
A. The removal of material from wetlands.
B. The deposit of material on wetlands.
C. The erection, construction, alteration or enlargement
of any building, dock, pier, wharf, bulkhead, jetty,
groin or other structure, temporary or permanent, on
wetlands.
PEAK LUNAR TIDES — Those excessively high tides or
spring tides caused by lunar gravitational phenomena.
PERSON — Any person, firm, partnership, association,
corporation, company, organization or other legal entity of
any kind, including municipal corporations or govern-
mental agencies or subdivisions thereof.
TIDAL WATERS — All waters bordering on or within the
boundaries of the Town of Southold subject to fluctuation
in depth from peak lunar or normal tidal action, and in-
cluding, but not limited to, all brackish and salt waters of
streams, ponds, creeks, estuaries, bays, sounds and inlets.
TOWN — The Town of Southold.
9704
C,
§ 97-13 WETLANDS § 97-21
WETLANDS:
A. All lands generally covered or intermittently covered
with tidal waters and upon which salt meadow grass
(Spartina patens) and/or cord grass (Spartina
alteniflora) grows or is capable of being grown. `
B. Freshwater wetlands as defined in Article 24, Title I,
§ 24-0107, Subdivisions 1(a) to '1(d) inclusive, of the
Environmental Conservation Law of the State of New
York. [Added 8-26-76 by L.L. No. 2-19761
ARTICLE II
Permits
§ 97-20. Permit required.
Notwithstanding any prior course of conduct or permission
granted, no person shall conduct operations on any wetlands in
the Town of Southold unless he shall first obtain a written permit
therefor issued by authority of the Town Board as hereinafter
provided, and only while such permit remains in effect.
§ 97-21. Application.
A permit may be issued upon the written, verified application of
the person proposing to perform operations on wetlands. The
application shall be submitted to the Town Clerk in quadruplicate.
Such application shall contain the following information:
A. The name and address of the applicant and the source of
the applicant's right to perform such operations (e.g.,
whether applicant is the owner, lessee, licensee, contractor,
etc.). In all cases where the applicant is not the owner of
the premises where such operations are proposed to be
conducted, the consent of the owner, duly acknowledged,
must be attached to said application.
B. The purpose of the proposed operations.
9705 10-25-76
§ 97-21 SOUTHOLD CODE § 97-21
C. The amount of material proposed to be removed or
deposited, and/or the type, size and location of any
proposed structure.
D. A description of the area from which the removal or in
which the deposit of material is proposed, or in which
structures are to be erected. The description shall be by
bearing and distance and shall be based on a local coor-
dinate system. The starting point of the description shall
be appropriately referenced to a permanent reference point
or monument.
E. The depth to which the removal or the deposit of material
is proposed throughout the area of operations, and the
proposed angle of repose of all slopes.
F. The manner in which the material will be removed or
deposited, or structures erected.
G. Such application shall be accompanied by a survey and
topographical map with contours at one -foot intervals,
showing the area from which the removal or in which the
deposit of materials is proposed, or in which structures are
to be erected, certified by a registered land surveyor or
registered professional engineer, licensed by the State of
New York. Such survey and topographical map shall show
the soundings of the area in which operations are proposed
to be conducted. The horizontal control of said survey shall
be based on an approved local coordinate system. The
vertical control for elevations and soundings shall be based
on the United States Coast and Geodetic Survey datum.
H. A statement of the effect, if any, on the wetlands and tidal
waters of the town that may result by reason of such
proposed operations.
I. A statement describing any known prior operations
conducted on the premises in question and whether any
prior licenses to permits have been issued to erect
structures or to dredge or deposit fill on said premises and
whether any such permits or licenses were ever revoked or
suspended by a governmental agency.
9706 10-25-76
0
0
0
§ 97-21 WETLANDS § 97-22
J. Documentary proof that all other necessary permits and
approvals have been obtained.
§ 97-22. Waiver of certain requirements.
The Town Board, upon request of the applicant for a permit,
may waive, in whole or in part, the provisions of Article II, § 97-
(Cont'd on page 9707)
9706.1 10-25-76
§ 97-22 WETLANDS § 97-24
21D and G, where it ' finds that the nature of the proposed
operations is such that the requirements of such provisions are
not necessary for a proper consideration of a permit application.
§ 97-23. Fees.
A. Every application for a permit filed with the Town Clerk
shall be accompanied by a filing fee of fifty dollars ($50.),
no portion of which shall be refundable. [Amended 11-15-83
by L.L. No. 13-19831
B. In addition to the filing fee, the Town Board, upon the
adoption of a resolution authorizing the issuance of a
permit, shall determine the amount of the inspection fees to
be paid by the applicant to the Town Clerk upon the
issuance of a permit, in accordance with § 97-25C hereof.
§ 97-24. Processing of application.
A. Investigation. Upon receipt of the application, the Town
Clerk shall forward one (1) copy thereof to the Con-
servation Advisory Council, one (1) copy to the Town
Trustees and one (1) copy to the Town Board. The Con-
servation Advisory Council and the Town. Trustees shall
each review said application and the effect, if any, on the
wetlands and tidal waters of the town that may result from
the proposed operations and shall, within twenty (20) days
of receipt of the same, forward its written report of findings
and recommendations with respect to such application to
the Town Board. If the Conservation Advisory Council or
the Town Trustees shall recommend that such application
be disapproved, the reasons for such disapproval shall be
• set forth in such report.
B. Hearing. Upon receipt by the Town Board of the reports of
the Conservation Advisory Council and the Town
Trustees, the Town Board shall hold a public hearing on
such application upon not less than ten (10) days' notice, to
be published in one (1) or more newspapers having a
general circulation in the town.
9707 12-25-83
§ 97-24 SOUTHOLD CODE § 97-26
C. Action. Within thirty (30) days after the public hearing on
such application, the Town Board shall either adopt a
resolution directing the issuance of a permit or adopt a
resolution denying the application therefor. A resolution
directing the issuance of a permit may be adopted only if
the Town Board finds that the proposed operations will
conform to the standards set forth in § 97-28 hereof. If the
Town Board adopts a resolution denying an application for
a permit, the reasons for such denial shall be set forth in
such resolution. In the event that the Town Board shall fail
to act on such application within the time prescribed
herein, such application shall be" deemed to have been
approved, and the Town Clerk shall. issue a permit
authorizing the operations applied for.
§ 97-25. Issuance of permit: conditions; inspection fees.
The Town Board may, upon the adoption of a resolution
directing the issuance of a permit:
A. Impose such conditions on the manner and extent of the
proposed operations as it deems appropriate.
B. Fix the time by which operations must be commenced and
within which they must be completed.
C. Require -the payment of inspection fees, in any case where it
is determined that more than one (1) inspection is required
to assure that operations are being conducted in ac-
cordance with the permit. Such fees shall be in the amount
of five dollars ($5.) for each such inspection.
§ 97-26., Liability insurance. •
The applicant for a permit hereunder shall, before the issuance
of said permit by the Town Clerk, file with the Town Clerk a
certificate that the applicant has public liability insurance policies
insuring against any liability which may arise in the performance
of the operations pursuant to such permit in such amount as shall
be fixed by the Town Board, which said policies shall name the
town as a named insured.
9708 12-25-83
§ 97-27 WETLANDS § 97-27
§ 97-27. Contents of permit.
Each permit issued hereunder by the Town Clerk pursuant to a
Town Board resolution shall state the following:
A. The name of the permittee.
B. The date of issuance and expiration of the permit.
• C. The conditions imposed by the Town Board on the issuance
of the permit.
D. The specific location of the areas to be affected by the
operations of the permittee.
E. A statement that: "The validity of this permit is or may be
subject to the approval of other governmental or municipal
authorities. The town accepts no responsibility in applying
for or obtaining such approval. In the event that such
approval is necessary, the holder of this permit shall not
commence operations hereunder until such approval has
been obtained in writing. The failure to obtain such other
approval when required shall subject this permit to im-
mediate revocation by the Town Clerk upon receipt by the
Town Clerk of written notice from such other governmental
or municipal authorities of its refusal or disapproval."
Acceptance of the permit is acceptance of this. condition.
F. A statement that: "The applicant does, by the acceptance
of this permit, assume all responsibility for operations
undertaken pursuant to this permit, and shall take all
precautions for the prevention of injuries to persons and
property resulting from such operations. By such ac-
ceptance, the applicant also agrees to indemnify and save
harmless the town and its officers, agents and employees
from any and all claims arising from operations under this
permit and any and all acts or omissions of the applicant,
his agents and employees." Acceptance of the permit is
acceptance of this condition.
G. A statement that: "The applicant and the owner and
occupants of the premises upon which the operations
authorized by this -permit are being conducted do, by the
accept nce of this permit, give consent to the town and its
9709
§ 97-27 SOUTHOLD CODE § 97-29
officers and employees to enter upon the premises where
such operations are being conducted to make such in-
spections as the tow{ may deem necessary to ensure that
such operations are being conducted in conformity with
this permit."
U
§ 97-28. Standards.
The Town Board may adopt a resolution directing the issuance
of a permit to perform operations applied for only if it determines
that such operations will not substantially:
A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of
the town.
D. Adversely affect fish, shellfish or other beneficial marine
organisms, aquatic wildlife and vegetation or the natural
habitat thereof.
E. Increase the danger ,of flood and storm -tide damage.
F. Adversely affect navigation on tidal waters or the tidal
flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement
or flow of any waters.
H. Weaken or undermine the lateral support of other lands in
the vicinity.
I. Otherwise adversely affect the health, safety and general
welfare of the people of the town. I*
§ 97-29. Transferability.
A permit issued pursuant hereto shall not be transferred or
assigned without the prior approval of the Town Board.
9710
•
§ 97-30 WETLANDS § 97-31
ARTICLE III
Administration and Enforcement
§ 97-30. Enforcing officer.
It shall be the duty of the Building Inspector to administer and
enforce the provisions of this chapter.
§ 97-31. Notice of violation.
A. Whenever the Building Inspector has reasonable grounds
to believe that operations regulated hereby are being
conducted in violation of the provisions of this chapter or
not in compliance with a permit issued pursuant to this
chapter, he may notify the owner of the property, or the
owner's agent or the person performing such operations, to
suspend all operations, and any such person shall forthwith
cease operations until such notice of violation has been
rescinded.
B. Such notice shall be in writing, shall, specify the violation
and shall state the conditions which must be complied with
and the time within which compliance must be completed
before operations may be resumed. Such notice shall also
inform the person to whom it is directed of his right to
apply for a hearing before the Town Board, as hereinafter
provided.
C. Such notice shall be served upon the person to whom it is
directed by delivering it to him personally or by posting
the same in a conspicuous place on the premises where
operations are being conducted and mailing a copy thereof
to such -person by certified mail to his last known address.
• [Amended 8-26-76 by L.L. No. 3-1976]
D. The Building Inspector may extend the time of compliance
specified in the notice of violation where there is evidence
of intent to comply within the time specified and conditions
exist which prevent immediate compliance.
E. In the event that the person upon whom a "notice of
violation has been served shall fail to comply with said
9711 10-25-76
§ 97-31 SOUTHOLD CODE § 97-33
notice within the time specified therein or within the time
specified in any extension of time issued by the Building
Inspector, any permit issued to such person pursuant to
this chapter , shall be deemed revoked.
§ 97=32. Hearing on violation.
A. Any person affected by a notice of violation issued pur- •
suant to the preceding section hereof may request and shall
be granted a hearing before the Town Board, provided that
such person shall file a written request therefor with the
Town Clerk within ten (10) days after service of the notice
of violation. Such request shall have annexed thereto a
.copy of the notice of violation upon which a hearing is
requested and' shall set forth the reasons why such notice of
violation should be modified or rescinded.
B. The Town Clerk shall present such request to the Town
Board at its next regular meeting. The Town Board shall
set a time and place for such hearing and shall give the
person requesting the same at least five (5) days' notice of
the time ,and place thereof. .
C. At such hearing, the person requesting the same, or his
representative, shall be given an opportunity to show cause
why such notice of violation should be . modified or
rescinded. After. such hearing, the Town Board may
sustain, modify or rescind such notice of violation, or
revoke any permit previously issued, and shall specify the
reasons therefor.
D. The notice of violation for which a hearing is requested
shall continue in effect pending the hearing and. deter-
mination of the Town Board. •
§ 97-33. Penalties for offenses. [Amended 7-31-73 by L.L. No. 1-
1973]
A. Any person committing an offense against any provision of
this chapter, or failing to comply with a notice of violation
issued by the Building Inspector, shall, upon conviction
9712 10-25-7e
1
K-11
§ 97-33 WETLANDS § 97-33
U
thereof, be guilty of a violation punishable by a fine not
exceeding two hundred fifty dollars ($250.) or by im-
prisonment for a term not exceeding fifteen (15) days, or by
both such fine and imprisonment. The continuation of an
offense against the provisions of this chapter shall con-
stitute, for each day the offense is continued, a separate
and distinct offense hereunder.
B. In addition to the above -provided penalties, the Town
Board may also maintain an action or proceeding in the
name of the town in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the
violation of this chapter.
9713
§ 100-141 ZONING § 100-141
Building Inspector may authorize, in writing, the ex-
tension of the permit for an additional six (6) months.
Thereafter, a new permit shall be required. [Amended 5-30-
75 by L.L. No. 3-19751
I. As soon as the foundation of a building or of any addition
to an existing building is completed, and before first -story
• framing or wall construction is begun, there shall be filed
with the Building Inspector an accurate survey, signed by
the person responsible for said survey, showing the exact
location of such foundation with respect to the street .and
property lines of the lot. No further- construction shall be
performed until such survey is approved by the Building
Inspector.
J. Permit fees. [Amended 7-31.73; 2-1-83 by L.L. No 2-19831
(1) The following fees shall be paid upon the filing of an
application with the Building Inspector for a building
permit, which fees shall be paid into the general fund if
the application is approved or returned to the ap-
plicant if the application is denied:
(a) Single-family dwellings:
[1] New dwellings and additions and alterations
to existing dwellings: twenty-five dollars
($25.) plus five cents ($0.05) for each square
foot of floor areain excess of eight hundred
fifty (850) square feet.
[2] Accessory buildings and additions and
alterations to existing accessory buildings:.
ten dollars ($10.) plus five cents ($0.05) for
each square foot of floor area in excess of five
• hundred (500) square feet.
(b) Farm buildings and additions and alterations to
existing farm buildings: fifteen dollars ($15.) for
each building.
(c) Hotels, motels, multiple dwellings and business,
industrial and all other buildings:
10069 4-25-83
T
§ 100-141 SOUTHOLD CODE § 100-142
[1) New buildings and additions and alterations
to existing buildings: fifty dollars ($50.) plus
five cents ($0.05) for each square foot of floor
area in excess of one thousand (1,000) square
feet.
[2] Accessory buildings and additions and
alterations to existing accessory buildings:
fifteen dollars ($15.) plus five cents ($0.05)
for each square foot of floor area in excess of
five hundred (500) square feet.
(d) Foundations constructed under existing
buildings: thirty dollars ($30.).
(e) All other structures (i.e., fences, pools, etc.) and
additions and alterations to such structures:
fifteen dollars ($15.).
(2) For the purposes of this Subsection J, cellars, decks,
attached garages and any habitable area shall be
included in the calculation of floor area.
§ 100-142. Revocation of permit.
The Building Inspector may revoke a building permit
theretofore issued and approved in the following instances:
A. Where he finds that there has been any false statement or
misrepresentation as to a material fact in the application,
plan or specifications on which the building permit was
based.
B. Where he finds that the building permit was issued in error
and should not have been issued in accordance with the
applicable law.
C. Where he finds that the work performed under the permit
is not being prosecuted in accordance with the provisions
of the application, plans or specification.
D. Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by
the Building Inspector.
10070 4-25-83
•
SOUTHOLD SUPPLEMENTAL INDEX
—A— —D—
AGRICULTURAL LANDS defined,
25-30
AGRICULTURAL LANDS
PRESERVATION
Acquisition of development rights,
25-40
Alienation of development rights,
25-50
Definitions, 25-30
Farmland Committee, 25-50
Purpose, 25-20
Title, 25-10
AGRICULTURAL PRODUCTION
. defined, 25-30
ALIENATION defined, 25-30
ALTERATION defined, 100-18
ANCHORING; boats, 32-39 — 32-39.2
ARCHITECTURAL SIGNIFI-
CANCE defined, 56-3
A RESIDENTIAL AND AGRICUL-
TURAL DISTRICT
Relief from bulk and parking re-
quirements, 100.31.1
—B—
BASEMENT defined, 46-5
BOATS
Boats, docks and wharves, 32-30 —
32-39.2
Mooring and anchoring, 32-39 — 32-
39.2
BOATS, DOCKS AND WHARVES;
boats, 32-30 — 32-39.2
BUILDING AREA defined, 100-13
BULK, AREA AND PARKING; A
Residential and Agricultural Dis-
trict, 100-31.1
C_
COMMISSION defined, 56-3
COMMITTEE defined, 25-30
CONDOMINIUM defined, 100-13
SI -1
DEFINITIONS
Agricultural lands, 25-30
Agricultural production, 25-30
Alienation, 25-30
Alteration, 100-13
Architectural significance, 56-3
Basement, 46-5
Building area, 100-13
Commission, 56-3
Committee, 25-30
Condominium, 100-13
Development right, 25-30
Exterior architectural features, 56-3
Historical significance, 56-3
Landmark, 56-3
Landmark designation, 56-3
Lot coverage, 100-13
Lowest floor, 46-5
Permanent mooring, 32-31
Public property, 89-3
Structure, '25-30, 56-3
Taxpayer, 77-201
Temporary anchoring, 32-31
Unlicensed motor -driven vehicles,
89-3
Yard, 100-13
DEVELOPMENT RIGHT defined,
'25-30
DOGS; fees, 38-7
—E—
EXTERIOR ARCHITECTURAL
FEATURES defined, 56-3
—F—
FARMLAND COMMITTEE
Agricultural lands preservation, 25-
50
Membership, 25-50
Powers and duties, 25-50
6-25-84
SOUTHOLD SUPPLEMENTAL INDEX
—F— _M_
FEES
Dogs, 38-7
Subdivision of land, A106 -13C
Variances, 46.15
FENCES, WALLS AND HEDGES;
zoning, 100-119.1
—H—
HISTORICAL SIGNIFICANCE de-
fined, 56-3
—I—
IMPOUNDMENT; unlicensed motor -
driven vehicles, 89-9
—L—
LANDMARK defined, 56-3
LANDMARK PRESERVATION
Definitions, 56-3
Designation of landmarks, 56-6
Landmark Preservation Commis-
sion, 56-4, 56-5
Purpose, 56-2
Review of permit applications, 56-7
Termination of landmark designa-
tion, 56-8
Title, 56-1
LANDMARK PRESERVATION
COMMISSION
Compensation, 56-4
Duties, 56-5
Landmark preservation, 56-4, 56-5
Meetings, 56-4
Membership, 56-4
Officers, 56-4
Terms of office, 56.4
LOT COVERAGE defined, 100-13
LOTS; zoning, 100-19
LOWEST FLOOR defined, 46-5
MEETINGS; Landmark Preservation
Commission, 56-4
MEMBERSHIP
Farmland Committee, 25-50
Landmark Preservation Com-
mission, 56-4
—N—
NOTICES
Unlicensed motor -driven vehicles,
89-8
Zoning, 100-152
M�
OFFICERS AND EMPLOYEES;
Landmark Preservation Commis-
sion, 56-4
_P_
PENALTIES FOR OFFENSES
Unlicensed motor -driven vehices, 89-
10
PERMANENT MOORING defined,
32-31
POWERS AND DUTIES
Farmland Committee, 25-50
Landmark Preservation Com-
mission, 56-5
'PUBLIC PROPERTY defined, 89-3
_S_
SALARIES AND COMPENSATION
Landmark Preservation Commis-
sion, 56-4
SHELLFISH
Dredges and scrapes, 77-211.1
Purpose, 77-200.1
STRUCTURE defined, 25-30, 56-3
SI -2
6-25-84
•
•
•
C
SOUTHOLD SUPPLEMENTAL INDEX
—S— —Y—
SUBDIVISION OF LAND
Accompanying documents and in-
formation, A106-44
Fees, A106 -13C
—T—
TAXPAYER defined, 77-201
TEMPORARY ANCHORING de-
fined, 32-31
TERMS OF OFFICE
Landmark Preservation Commis-
sion, 56-4
dim
UNLICENSED MOTOR -DRIVEN
VEHICLES
Conflicts with state law, 89-11
Definitions, 89-3
Exceptions, ' 89-6
Operation on private property
restricted, 89-5
Operation on town property
prohibited, 89-4
Parents or guardians to be notified
of violations, 89-8
Penalties for offenses, 89-10
.Purpose, 89-2
Responsibility of parents or
guardians; 89-7
Title, 89-1
Vehicles , in violation to be' im-
pounded, 89-9
VARIANCES
Fees, 46-15
_V_
YARD defined, 100-13
_Z_
ZONING
Fences, walls and hedges, 100-119.1
Lots, 100-19
Notice of proposed change of zone
classification, 100-152
Title, 100-9
SI -3
6-25-84