[Adopted 5-23-2006 by L.L. No. 25-2006; amended in its entirety 7-22-2008 by L.L. No. 45-2008]
As used in this article, the following words and terms shall have the following meanings:
SOLAR HEATING SYSTEM
Usually panels or coils of plastic or metal through which water passes to increase the temperature by using the sun's radiant energy.
[Added 9-9-2008 by L.L. No. 57-2008]
SUBJECT DWELLING
Any one- or two- family dwelling or multifamily dwelling (including townhouses) not more than three stories in height, with a separate means of egress for each dwelling, a minimum of one heating facility for each four dwelling units, and a separate primary electric meter for each dwelling unit.
SUBSTANTIAL RECONSTRUCTION
Construction that includes the removal and replacement of the ceiling, interior finishes of a dwelling which expose the exterior framing, and more than 50% of any windows, exterior doors, or HVAC building system.
[Amended 9-9-2008 by L.L. No. 57-2008; 9-23-2008 by L.L. No. 58-2008; 9-22-2009 by L.L. No. 42-2009; 12-13-2011 by L.L. No. 45-2011; 9-27-2016 by L.L. No. 11-2016; 12-14-2021 by L.L. No. 25-2021]
A. 
Pursuant to § 11-109 [NOTE: Chapter 560 of the Laws of 2010, New York] of the Energy Law of the State of New York, the Town of Southampton, Suffolk County, New York, hereby accepts the applicability of the NYStretch Energy Code 2020, and shall enforce the 2020 Energy Conservation Construction Code of New York State (ECCCNYS) as modified in the manner contemplated by NYStretch Energy Code 2020. Such local energy conservation construction code shall consist of the provisions currently set forth in Part 1240 and in the publications currently incorporated by reference in Part 1240; provided, however, that the 2020 ECCCNYS and ASHRAE 90.1-2016 shall be deemed to be modified as follows:
(1) 
In each case where a section, table, or appendix in the 2018 IECC or ASHRAE 90.1-2016 is modified or added to by NYStretch, the corresponding section, table, or appendix in the 2020 ECCCNYS or ASHRAE 90.1-2016 shall be deemed to be modified in the same manner, subject to the following exception:
(a) 
Section R403.6.2 added to the 2018 IECC by NYStretch shall not be deemed to be added to the 2020 ECCCNYS.
B. 
Residential energy rating index requirements. Any newly built or substantially reconstructed subject dwelling shall be rated and/or verified as compliant by an independent Residential Energy Services Network (RESNET) certified home energy rating system (HERS) rater, following the protocol set out by RESNET, or equivalent certification and protocol approved by the Chief Building Inspector. Said protocols shall be consistent with the requirements of the Energy Rating Index standards in the 2018 IECC, including all required reviews and diagnostic tests, including all required combustion safety tests.
(1) 
For all newly built subject dwellings, an approved rater must attest that the home was rated to the Energy Rating Index (ERI) prescribed below and passed all required combustion safety tests, prior to the issuance of a certificate of occupancy.
(a) 
Dwellings with up to 4,500 square feet of conditioned space shall achieve a minimum Energy Rating Index (ERI) of 50 or less.
(b) 
Dwellings with over 4,500 square feet of conditioned space shall achieve a minimum Energy Rating Index (ERI) of 35 or less.
(2) 
For all substantially reconstructed dwellings, prior to the issuing of a building permit, plans shall clearly demonstrate compliance with the requirements of the 2020 ECCCNYS as supplemented by NYStretch Energy Code 2020.
(3) 
Prior to the issuance of a building permit for any new or substantially reconstructed subject dwelling, the applicant shall submit a certificate from an approved certified rater that the house design complies with Subsection B, based on a review of the plans and specifications.
(4) 
The owner of a structure or proposed structure may apply for a waiver from the energy rating requirement in Subsection B(1) by written application to the Chief Building Inspector on the basis that there exists practicable difficulties specific to the site, construction or design elements encountered in the course of design or construction. Upon receipt of the written request, the Chief Building Inspector shall determine whether there is a showing of need for relief from strict compliance to the standards enumerated in Subsection B above. In determining the conduciveness of a property and practicable difficulties, the Chief Building Inspector shall consider the following factors: the location and condition of any existing structure or structures, the size of the lot, the topography of the lot, the existence and extent of clearing restrictions on the property, the proximity of trees and shade on the lot, lot coverage restrictions on the property and such other and further factors or conditions that exist at the property that may impact strict compliance with the standards enumerated in Subsection B above. If the Chief Building Inspector determines that a waiver is appropriate, the property owner shall provide a practicable plan for alternative paths to compliance as per the requirements of the 2020 ECCCNYS as supplemented by NYStretch Energy Code 2020, conducive to the location. Upon receipt of the property owner's plan, the Chief Building inspector shall grant a waiver, in writing, from the rating requirements of this section, conditioned upon the implementation of the alternative methods proposed by the owner or such other practicable conditions as required by the Chief Building Inspector. Following the granting of the waiver, the Chief Building Inspector shall make a written determination of its findings and reasoning for administrating such wavier and file the determination with the Town Planning and Development Administrator.
C. 
Commercial building energy conservation requirements. Any newly built or substantially reconstructed commercial building shall comply with all standards and requirements identified in the 2020 ECCCNYS as supplemented by the NYStretch Energy Code 2020, including Appendices CB (Rated R-Value of Insulation – Commercial) and CC (Additional Power Distribution Systems).
D. 
The owner of a structure may apply for a waiver from the requirements of this section on the basis that the structure is of historic significance. The owner seeking a waiver shall make application to the Town Landmarks and Historic Districts Board for such waiver. The Landmarks and Historic Districts Board shall grant the application for the waiver if the applicant shall demonstrate that meeting the requirements of this section would have an adverse impact on the historical nature of the structure, and there are no practicable alternatives that would allow the applicant to comply with the requirements of this section and maintain the historical significance of the structure.
[1]
Editor's Note: Former § 123-38, Energy Star® requirements for commercial buildings, added 2-23-2010 by L.L. No. 7-2010, was repealed 9-27-2016 by L.L. No. 11-2016.
[Added 9-23-2008 by L.L. No. 58-2008; amended 12-19-2008 by L.L. No. 67-2008]
Any applicant aggrieved by a decision made by the Chief Building Inspector under § 123-37 above may appeal such decision, denial, condition, or waiver of the Chief Building Inspector by filing a written petition, along with a fee in an amount as set by resolution of the Southampton Town Board, in the office of the Town Clerk for review to the Energy Conservation Administrative Appeals Board (hereinafter referred to as "ECAAB"). The ECAAB shall be comprised of the following persons: (1) Chief Environmental Analyst; (2) Town Engineer; (3) Chair of the Architectural Review Board. The ECAAB shall meet to review the petition within two weeks of receipt thereof and may hold hearings upon seven days' notice by certified mail to the applicant or his agent, at the address included in the petition. The ECAAB may conduct field visits and obtain additional information deemed necessary in rendering its decision. The ECAAB shall have the authority to hire independent consultants at its sole discretion to help it render a decision by undertaking actions including but not limited to review of plans, conduction of site testing, and modeling of proposed plans. The ECAAB may require an applicant to pay the costs incurred by the ECAAB for all independent consulting services it may reasonably seek to engage, including but not limited to engineering, planning, legal and clerical costs incurred in processing and review of an application. Upon completion of the review of the appeal or the close of the public hearing, the ECAAB shall issue a decision in writing and state the reasons and attendant conditions of its decision. A decision shall be issued within 45 days of the end of the hearing or completion of review.
[Added 12-22-2011 by L.L. No. 46-2011]
A. 
Standard applications for residential solar installation. Solar installation applications that meet the fast-track requirements as set forth below shall be eligible for expedited review (with a determination within 14 days of submittal of a completed application with required fees as per the adopted fee schedule), and exempt from review by the Architectural Review Board or the Landmarks and Historic Districts Board:
[Amended 2-28-2023 by L.L. No. 9-2023]
(1) 
When a solar installation is proposed on the roof of a residential building or legal accessory structure, it shall only be with a single layer of roof covering. A waiver may be requested, in writing, from the Chief Building Inspector for an installation on a second layer of roof covering.
(2) 
The proposed roof-mounted solar installation shall be flush-mounted parallel to the roof surface and no more than six inches above the surface with an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing path to the ridge.
(3) 
The proposed roof-mounted solar installation shall create a gravity roof load of no more than five pounds per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW).
(4) 
The system must be installed by a prescreened contractor. (See Fast Track Application Terms and Conditions.)
(5) 
The PV panels proposed to be used must have been certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703, and inverters must be on a list of New York State Public Service Commission type-tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL 1741, as may be amended. (See Solar Energy System Fast Track Permit Application Requirements Checklist as may be amended from time to time.)
(6) 
The proposed system must use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors, as may be amended. (See Solar Energy System Fast Track Permit Application Requirements Checklist, as may be amended from time to time.)
(7) 
To the extent the application requires or includes use of other equipment such as modules, combiner boxes, and a mounting system, all equipment and systems must be approved for public use as described in the Solar Energy System Fast Track Permit Application Requirements Checklist and must be in full compliance with all current National Electrical Code (NEC) requirements.
B. 
The applicant must complete and submit the uniform Solar Energy System Fast Track Permit Application and submit all documents as set forth in the Requirements for Application Submittal for standard installations as may be amended from time to time.
[Amended 2-28-2023 by L.L. No. 9-2023]
C. 
The applicant must submit a professional engineer (PE) or registered architect (RA)-certified drawing (hand drawn or better) of the solar panel location and layout on the roof, as well as an equipment location diagram and a one-line electrical diagram.
D. 
A professional engineer or registered architect must also certify the load bearing and wind load sufficiency of the proposed solar installation.
E. 
A new survey is not required, but if the solar energy system is proposed for an accessory structure on the residential property, the applicant shall provide an existing survey and demonstrate that the accessory structure is legal.
F. 
After the approval of an application for solar panel construction and/or installation, the applicant shall be required to affix a warning label on all utility meters and at any alternating current (AC) disconnect switch, indicating that there is an operating solar electric co-generation system on site.
G. 
The Town must maintain a list by address of all solar energy installations to be shared with relevant first responder organizations.
H. 
A ground-mounted system may be proposed where a roof-mounted system is not practical or feasible. In such case, it shall adhere to accessory setbacks as per § 330-76L.
[Added 2-28-2023 by L.L. No. 9-2023]
I. 
All solar panels shall have antireflective coating(s) to prevent glare.
[Added 2-28-2023 by L.L. No. 9-2023]
[Amended 2-28-2023 by L.L. No. 9-2023]
A. 
Prior to the issuance of a building permit, applications for commercial-scale solar energy systems shall first obtain site plan/special exception approval from the Planning Board pursuant to §§ 330-183 and 330-162.24. Applications for small-scale solar in commercial zones or municipal settings may be eligible for administrative review pursuant to § 330-183.1.
B. 
Building permit applications for commercial-scale solar energy systems shall meet the following standards:
(1) 
Both a building permit, and an electrical permit shall be required for any installation pursuant to this code. Permit fees shall be as per the adopted fee schedule as amended from time to time.
(2) 
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Uniform Code"), the NYS Energy Conservation Code ("Energy Code"), and all relevant sections of the Town of Southampton Code.
(3) 
Access. Access to the solar energy systems shall be maintained, including snow removal and any other obstruction (other than required fencing/screening).
(4) 
Solar energy systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.
(5) 
All solar panels shall have antireflective coating(s) to prevent glare.
C. 
Insurance. Proof of adequate liability insurance for a solar energy system shall be provided prior to the issuance of a building permit.
D. 
Cessation of use. All solar energy systems shall be maintained in good working order and in accordance with industry standards. A system shall be considered abandoned when it ceases to operate for a period of one year. If unsafe conditions are found, the property owner may be ordered to promptly remove panels and associated equipment to a place of safe and legal disposal, after which the site and/or building, as applicable, shall be returned to its preexisting condition.
E. 
The Town shall maintain a list by address of all solar energy systems when paired with battery energy storage system installations, including listing battery type, to be shared with relevant first responder organizations as referenced in § 123-39.3.
[Added 1-26-2021 by L.L. No. 3-2021; amended 6-10-2025 by L.L. No. 23-2025]
A. 
All battery energy storage systems ("BESS") must be designed and installed in accordance with all applicable provisions of the New York State Uniform Fire, Energy and Building Code as may be amended from time to time and applicants must provide adequate documentation to demonstrate how the proposed system meets the applicable national standards, testing methods and codes.
(1) 
Exemption. The temporary use of an owner's or occupant's electric-powered vehicle as an energy storage system shall be permitted in accordance with applicable sections of the NYS Residential Code.
(2) 
Storage limitations. Individual battery energy storage system units shall have a maximum rating of 20 kWh. The aggregate rating for small Scale installations shall not exceed:
(a) 
Forty kWh within utility closets and storage utility spaces.
(b) 
Eighty kWh in attached or detached garages and detached accessory structures.
(c) 
Eighty kWh on exterior walls.
(d) 
Eighty kWh outdoors on the ground (on an approved poured concrete pad).
(e) 
Battery energy storage system installations exceeding the permitted aggregate ratings are considered to be Tier One and shall be installed in accordance with Section 1206.2 through 1206.17.7.7 of the Fire Code of New York State, as may be amended and Article XXXIII Battery Energy Storage Systems.
B. 
A building permit and an electrical permit shall be required for any installation of a battery energy storage system., except as exempted in § 330-428A, Applications for small scale battery energy storage systems with an aggregate capacity greater than the storage limitations specified in § 123-39.3A(2) above shall first obtain all required planning and zoning approvals prior to submission of a building/electrical permit application.
C. 
All BESS applications within the Town shall adhere to the most current edition of the following codes, standards and testing methods for design, construction, installation, commissioning, operation, maintenance, decommissioning, and safety standards.
(1) 
System certification. All battery energy storage systems and equipment shall at a minimum be listed and labeled by a nationally recognized testing laboratory (NRTL) to UL 9540 (Standard for Battery Energy Storage Systems and Equipment) and compliance with the following list of standards and codes as may be amended shall be required by the Building Inspector when applicable:
(a) 
2021 International Fire Code (IFC).
(b) 
NFPA 1, Fire Code, 2021 (NFPA1).
(c) 
NFPA 855 Standards for the Installation of Stationary Energy Storage Systems, 2023 (NFPA855).
(d) 
NFPA 68 Standard on Explosion Protection by Deflagration Venting, 2018 (NFPA68).*
(e) 
NFPA 69 Standard on Explosion Prevention Systems, 2019 (NFPA69).*
(f) 
IEC 60529 Degrees of Protection Provided by Enclosures, edition 2.2, January 2019 (IP Code).
(g) 
IEC 62619 Secondary cells and batteries containing alkaline or other non-acid electrolytes- Safety requirements for secondary lithium cells and batteries for use in industrial applications, 2017 (IEC62619).
(h) 
IEC 62933-5-2- Safety Requirements for grid integrated ESS Systems, 2023 (IEC62933-5-2).
(i) 
UL 1973 Standards for Batteries in Stationary, Vehicle Auxiliary Power, and Light Electric Rail Applications, ed. 2, February 7, 2018 (UL1973).
(j) 
UL 1642 Standards for Lithium Batteries, ed. 6, September 29, 2020 (UL1642).
(k) 
UL 9540 Standard for Safety of ESS and Equipment, ed. 2, February 27, 2020 (UL9540).
(l) 
UL 9540A Test Method for Evaluating Thermal Runaway and Propagation in BESS, ed. 4, November 12, 2019 (UL9540A).
(m) 
UL 1741 and Supplement SA Standard for Inverters, Converters, and Interconnection Equipment for Use with Distributed Energy Resources, ed. 3, October 23, 2024 (UL1741).
(n) 
UL 1974 Evaluation for Repurposing or Remanufacturing Batteries, ed. 2, November 10, 2023 (UL1974).
(o) 
UL 1487 Battery Containment Enclosures, ed. 1, February 10, 2025 (UL1974).
(p) 
NFPA 111, Standard on Stored Electrical Energy Emergency and Standby Power Systems, 2025 (NFPA111).
(q) 
NFPA 853 Standard for the Installation of stationary Fuel Cell Power Systems, 2025 (NFPA853).
(r) 
NFPA 70E Standard on Protective Ensembles and Proximity Firefighting, 2024 (NFPA70E).
(s) 
2024 NFPA 76 Battery Ventilation Code Requirements.
(t) 
2025 NFPA 13 Sprinkler Systems.
(u) 
2022 NFPA 15 Water Spray Fixed Systems for Fire Protection.
(v) 
2025 NFPA 72 Fire Alarm and Signaling.
(w) 
2023 IEEE C2 National Electric Safety Code, 2023(IEEE C2).
(x) 
IEEE 1547 Standards for Interconnection and Interoperability of Distributed Energy Resources to Power Grid, 2018 (IEEE1557).
* Alternative explosion control systems, outside of NFPA 69 and NFPA 68 may be considered as substantiating documentation proving the efficacy of the proposed alternative explosion control system if found necessary by peer review.
(2) 
Access. Access to the battery energy storage system in the required cabinet or container shall be maintained, including snow removal and any other obstruction (other than required fencing/ screening).
(3) 
Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with National Fire Protection Association (NFPA) 70 NFPA 855, and UL1487.
(4) 
System design and compliance with all required safety standards referenced above may be confirmed by the Building Department by utilizing a third-party peer review of a qualified industry expert from a list of vendors established by the Town Board, or from a list provided by NYSERDA or other qualified entity. Such referral shall be at the applicant's expense and shall be paid to the Town according to procedures set forth by the Town Planning and Development Administrator.
D. 
Cessation of use. All battery energy storage systems shall be maintained in good working order and in accordance with industry standards. A system shall be considered abandoned when it ceases to operate consistently for a period of one year or lacks proof of compliance with all inspections required by the New York State Uniform Codes.
E. 
As part of the approval for battery storage installation, the applicant shall be required to affix a warning label next to all utility meters, indicating the kind of operating battery storage installation system on site. A certificate of compliance shall not be issued unless said warning label has been affixed.
F. 
The Town shall maintain a database of all battery energy storage system installations, including listing battery type, aggregate nameplate capacity, make, model, manufacturer and model year to be shared with relevant first responder organizations. All relevant inspection logs shall be kept on site and accessible to the Office of Public Safety and Fire Prevention.
G. 
Connection. Applications for battery energy storage systems that are designed to operate in parallel with the Long Island Power Authority's transmission / distribution system shall provide the Building Department with a Smart Grid Small Generator Interconnection application (fast track, expedited or full) with PSEG Long Island, or a Standardized Interconnection Agreement (for UL 1741 certified inverter-based systems that are 50 kW and less). This information may be provided for third-party review as provided in Subsection C(4) herein.
H. 
Proof that the system owner, lessee, or owner's designee is the holder of a minimum 10-year warranty for the proposed BESS equipment shall be provided to the Building Department in addition to any insurance required.