[Adopted 12-2-1977 as Ch. 81, Art. II, of the 1977 Code]
[Amended 7-21-2016 by L.L. No. 31-2016]
This local law shall provide the basic method for administration
and enforcement of the New York State Uniform Fire Prevention and
Building Code as defined by New York State Codes, Rules and Regulations
Title 19, Section 1219.1, in the Town of East Hampton, and shall establish
powers, duties and responsibilities in connection therewith.
This local law shall take effect on the first
day of April, 1977.
[Amended 7-21-2016 by L.L. No. 31-2016]
There is hereby designated the Inspector to administer and enforce
the New York State Uniform Fire Prevention and Building Code as defined
by New York State Codes, Rules and Regulations Title 19, Section 1219.1,
within the Town of East Hampton.
If any section of this local law shall be held
unconstitutional, invalid or ineffective, in whole or in part, such
determination shall not be deemed to affect, impair or invalidate
the remainder thereof.
A.
The Town Board on consultation with the Fire Advisory Committee may
adopt rules and regulations for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code as
defined by New York State Codes, Rules and Regulations Title 19, Section
1219.1. Such rules and regulations shall not conflict with the New
York State Uniform Fire Prevention and Building Code as defined by
New York State Codes, Rules and Regulations Title 19, Section 1219.1,
this local law, or any other provision of law.
[Amended 7-21-2016 by L.L. No. 31-2016]
B.
The Town Board shall publish all rules and regulations
at least 10 days prior to the effective date thereof in a newspaper
of general circulation within the Town of East Hampton.
A.
Permits shall be issued by and bear the name and signature
of the Inspector and shall specify:
[Amended 10-5-2007 by L.L. No. 33-2007; 5-6-2021 by L.L. No. 11-2021]
B.
Permits shall not be transferable and any change in
activity, operation, location, ownership or use shall require a new
permit.
C.
Permits shall continue until revoked, or for a period
of time designated at the time of issuance. An extension of the permit
time period may be granted provided a satisfactory reason can be shown
for failure to start or complete the work or activity authorized within
the required time period.
D.
Permits shall be obtained for the following:
(1)
Automobile wrecking yards. To operate an automobile
wrecking yard.
(2)
Boatyards and marinas.
(3)
Bowling establishments. For bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or materials.
(4)
Cellulose nitrate motion-picture film. To store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(5)
Cellulose nitrate plastics (pyroxylin).
(6)
Combustible fibers. To store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(7)
Combustible materials. To store combustible materials,
including but not limited to empty combustible packing cases, boxes,
barrels or similar containers, rubber tires, baled cotton, rubber,
cork or other similar materials in excess of 2,500 cubic feet gross
volume, on any premises.
(9)
Cryogenics. To store, handle or use cryogenic fluids,
except cryogenics used as a motor fuel and stored in motor vehicle
tanks, as follows:
(10)
Dry-cleaning plants. To use in excess of four gallons
of solvents or cleaning agents classified as flammable or combustible.
(12)
Flammable and combustible liquids.
(a)
To store, handle or use flammable liquids in
excess of 6 1/2 gallons inside dwellings; or in excess of 10
gallons inside any other building or other occupancy; or in excess
of 60 gallons outside of any building. This provision shall not apply
to:
(b)
To store, handle or use combustible liquids
in excess of 25 gallons inside a building, or in excess of 60 gallons
outside of a building. This provision shall not apply to fuel oil
used in connection with oil-burning equipment.
(c)
For processing, blending or refining of flammable
or combustible liquids.
(13)
Flammable finishing. For spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(14)
Hazardous chemicals.
(a)
To store, handle or use more than 55 gallons
of corrosive liquids; or more than 50 pounds of oxidizing materials;
or more than 10 pounds of organic peroxides; or more than 50 pounds
of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing 60% or more
ammonium or any amount of toxic material or poisonous gas.
(b)
To store, handle or use any quantity of air-reactive,
water-reactive, or unstable materials.
(15)
Junkyards. To operate a junkyard.
(16)
Liquefied petroleum gas. For each installation of
liquefied petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons' water capacity, and for each permanent
installation, irrespective of size of containers, made at buildings
in which 20 or more persons congregate for civic, political, educational,
religious, social or recreational purposes. Installers shall maintain
a record of all installations and replacement of portable cylinders,
and have it available for inspection.
(17)
Lumberyards. To operate a lumberyard.
(18)
Matches. To store matches in excess of 25 cases.
|
NOTE: One case equals one matchman's gross of
14,400 matches.
|
(19)
Places of assembly. To maintain, operate or use a
place of assembly.
(20)
Service stations and repair garages. To operate a
service station or repair garage.
(21)
Tents. Temporary tents shall not be erected, operated
or maintained for any purpose without first obtaining a permit; provided,
however, that the following tents shall be exempted from the permit
requirement:
[Amended 7-18-2002 by L.L. No. 18-2002[1]; 10-5-2007 by L.L. No. 33-2007; 5-6-2021 by L.L. No. 11-2021]
(a)
Tents used in recreational camping exclusively
for sleeping purposes.
(b)
Funeral tents not exceeding 700 square feet
when used at cemeteries.
(c)
Tents, singularly or collectively, not exceeding
700 square feet erected on premises designated by local zoning for
one-family dwelling use and being used as such.
[1]
Editor's Note: This local law also renumbered
former Subsection D(21) as Subsection D(22).
(22)
Welding and cutting. To operate a welding and cutting
business. A record of all locations where welding or cutting operations
are performed shall be maintained and kept available for inspection
by the permit holder.
(23)
Fire sprinkler systems meeting NFPA 13 standards.
[Added 5-6-2021 by L.L. No. 11-2021]
(24)
Automatic fixed-pipe fire-extinguishing system.
[Added 5-6-2021 by L.L. No. 11-2021]
(25)
Installation of a cistern.
[Added 5-6-2021 by L.L. No. 11-2021]
E.
Fees for
permits shall be set from time to time by resolution of the Town Board
and shall be paid at the time of application.
[Added 5-6-2021 by L.L. No. 11-2021[2]]
F.
Consolidated permits. When more than one 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.
G.
Location of permits. Permits shall be kept on property
or premises covered by the permit or carried by the permit holder.
H.
Revocation of permits. Permits may be suspended or
revoked when it is determined 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.
A.
The Inspector shall conduct periodic inspections for
compliance with the provisions of the State Fire Prevention Code.
Such inspections may be made at any reasonable time.
B.
If entrance to make an inspection is refused or cannot
be obtained, the Inspector may apply for a warrant to make an inspection
to any court of competent jurisdiction.
C.
The Fire Prevention Inspector shall have the authority
to investigate the cause, origin and circumstances of any fire or
explosion involving a loss of life, injuries to persons or destruction
or damage to property.
[Added 8-4-1978]
[Amended 9-2-1988 by L.L. No. 7-1988; 7-21-2016 by L.L. No. 31-2016]
A.
Unless specifically designated otherwise in a provision of the New
York State Uniform Fire Prevention and Building Code as defined by
New York State Codes, Rules and Regulations Title 19, Section 1219.1,
the owner or person in control of the property where any violation
of the standards of the New York State Uniform Fire Prevention and
Building Code as defined by New York State Codes, Rules and Regulations
Title 19, Section 1219.1, has been committed or shall exist, shall
be guilty of a violation of this article. In the event that the Inspector
determines a violation of any provision of the New York State Uniform
Fire Prevention and Building Code as defined by New York State Codes,
Rules and Regulations Title 19, Section 1219.1, or of this chapter
exists, an information shall be filed by the Inspector in the Town
Justice Court of the Town of East Hampton.
B.
For the purposes of this article, "person in control" is defined
as any owner, builder, architect, lessee, tenant, contractor, subcontractor,
construction superintendent or their agents or any other person taking
part or assisting in the construction, maintenance or use of any structure,
building or property, so long as such person or entity has the apparent
power and authority to control the manner in which the structure,
building or property is constructed, maintained or used.
[Amended 9-5-2003 by L.L. No. 30-2003]
Any person found guilty of violating any provisions
of this article shall, upon conviction, be deemed guilty of an offense
punishable by a fine of not less than $200 nor more than $1,000 or
by imprisonment for a period not to exceed six months, or both, for
each and every such violation. Each day that a violation continues
shall be deemed a separate offense.
The Inspector shall keep official records of
all permits, inspection reports, recommendations, complaints and violation
orders.
A.
A building or structure or part thereof, which is
an imminent danger to life and safety of the public as a result of
a fire or explosion is hereby declared to be a public nuisance.
B.
Whenever the 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 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 Inspector may require the occupants of any such
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 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 East
Hampton 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 bill for such expenses shall be presented
to the owner of the property, or if the owner cannot be ascertained,
then such bill shall be posted in a conspicuous place on the premises.
Such assessment shall be and constitute a lien upon such land. If
the owner shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
collect such assessment or to foreclose such line. As an alternative
to the maintenance of any such action, the 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 Assessor, 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 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 East Hampton.
[Added 9-3-2015 by L.L.
No. 34-2015]
A.
The manager
or person in charge of any bar, tavern or nightclub where the maximum
occupancy is over 100 persons shall provide mechanical or electronic
counting devices which shall be utilized by the management, owner
or person in charge to maintain the required occupancy limits. The
management shall produce this device or devices, as well as the total
number of occupants present when such bar, tavern or nightclub is
operating, upon the request of the Fire Marshal or any police officer
or ordinance inspector or building inspector of the Town of East Hampton.
Other methods meeting the intent of this subsection may be approved
by the Fire Marshal on an individual basis.
B.
The formation
of a stationary line of people in front of any required or designated
exit from any bar, tavern or nightclub shall constitute an illegal
obstruction of the exit.
[1]
Editor's Note: Former § 141-15,
Review Board, was repealed 9-5-2003 by L.L. No. 30-2003.
