A.
All provisions of this chapter must conform with the
applicable standards and provisions in the Fire Code of the State
of New York.
B.
The intent of the State Legislature in enacting Article
18 of the Executive Law, which provided for the applicability of the
New York State Uniform Fire Prevention and Building Code to all local
governments, was to "reconcile the myriad existing and potentially
conflicting regulations which apply to different types of buildings
and occupancies...."[1] The Village Board, therefore, hereby accepts the applicability
of the New York State Uniform Fire Prevention and Building Codes.
In so doing, the Village Board notes that the State Code specifically
references the NFPA standards in many of its provisions.
[1]
Editor's Note: See § 371 of the
Executive Law.
C.
The Building and Zoning Department shall continue
to administer and enforce the provisions of the state and local codes
as they apply to matters requiring an application for a building permit,
with recommendations from the Fire Marshal. The Fire Marshal shall
continue to administer and enforce the provisions of the state and
local codes as they apply to the maintenance of existing structures
and the use, storage or handling of hazardous materials.
[Amended 5-23-2017 by L.L. No. 4-2017]
D.
The provisions of this chapter shall apply to existing
buildings, structures, premises and conditions, except that existing
buildings, structures, premises and conditions not in compliance with
this chapter may be permitted to continue unless, in the opinion of
the Fire Marshal, they constitute a fire hazard to life or property.
E.
The provisions of Article I of this chapter do not apply to one- or two-family dwellings in the normal use or maintenance thereof.
F.
References herein to "this Code" or "this chapter"
are deemed to include the provisions of the State Uniform Fire Prevention
and Building Code. In any situation where a conflict exists between
a provision of this Code and the New York State Uniform Fire Prevention
and Building Code, the provisions of the State Code shall prevail,
except that if, pursuant to the provisions of the Executive Law of
the State of New York, the Village of Southampton is granted permission
to impose additional or more stringent provisions, then the provisions
of this Code shall apply.
G.
Adoption of this chapter shall not subject the Village
of Southampton nor any official, employee, independent contractor
or consultant to the Village of Southampton to any civil or other
liability for damages to persons or property by reason of the inspection
or reinspection of buildings, structures, premises and conditions
or failure to inspect or reinspect the same or the issuance of permits
hereunder or any other act or omission hereunder.
A.
It shall be the duty of the Fire Marshal to enforce
those portions of the New York State Uniform Fire Prevention and Building
Codes addressing fire safety (primarily the Fire Code and Property
Maintenance Code of the State of New York) and this article of the
Code of the Village of Southampton.
B.
All Fire Marshals shall have the power and authority
to issue notices of violation, appearance tickets, and other accusatory
instruments relative to the administration and enforcement of the
Fire Code, including parking tickets. In addition, upon the request
of the Building Inspector, Police or Village Board, the Fire Marshal
may enforce or administer other specific sections of the Code of the
Village of Southampton on behalf of any other department or entity
of the Village.
C.
In addition to the other functions and duties granted
to the Department of Fire Prevention by this Code or by separate resolution
of the Village Board or local law, the Department shall review all
building permit applications, subdivision applications and plans for
all buildings and structures, except one- or two-family residential
dwellings. In its review, the Department of Fire Prevention shall
consider, among other items, items relative to exits; fire lanes;
occupancy load and all factors having an effect thereon; construction
restricting the spread of fire; hazardous material storage, use, handling
or manufacture; hazardous processes; all fire protection equipment;
and all other matters of interest or concern to the Department and
the Fire Marshal.
[Amended 5-23-2017 by L.L. No. 4-2017]
D.
It shall be the duty of the Fire Marshal to periodically
inspect the interiors of all premises, except one- and two-family
dwellings, for the purpose of ascertaining the existence of any condition
which may cause a fire, endanger life due to fire or violate the purpose
and intent of this Code.
E.
The Department of Fire Prevention shall have the authority
to investigate the cause, origin and circumstances of any fire or
explosion. The appropriate police investigatory authorities shall
be contacted immediately if there is reason to believe that a fire
or explosion is of incendiary or suspicious origin.
F.
Fire Marshals shall have the authority to summarily
abate any condition that is in violation of any provision of this
Code and that presents immediate fire hazard to life or property.
G.
The Fire Marshal may, at all reasonable hours, enter
any building, structure or premises for the purpose of making any
inspection or investigation which they may deem necessary to execute,
accomplish or promote the purpose and intent of this article in pursuance
of the provisions thereof, the laws of the State of New York and the
Constitution of the United States.
H.
If the Fire Marshal determines from his inspection
of any building or structure that there is actual and immediate danger
of failure or collapse so as to endanger life, he shall promptly require
the building, structure or portion thereof to be vacated forthwith
and not to be reoccupied until the specified repairs are completed,
inspected and approved by the Building Inspector. For this purpose
he may enter such building or structure or land on which it stands
or adjoining land or structures with such assistance and at such cost
as may be necessary. He may also order adjacent structures to be vacated
and protect the public by appropriate barricades or such other means
as may be necessary and for this purpose may close a private or public
right-of-way. The Fire Marshal shall cause to be posted at each entrance
to such building or structure a notice stating, "This structure is
unsafe and its occupancy has been prohibited by the Code Enforcement
Official." Such notice shall remain posted until the required repairs
are made or demolition is completed. It shall be unlawful for any
person, firm or corporation or their agents or other persons to remove
such notice without written permission of the Building Inspector or
for any person to enter the building except for the purpose of making
the required repairs or the demolition thereof.
A.
A
permit must be obtained from the Fire Marshal to conduct any of the
following operations or to store, handle or use materials that are
considered to present an extra or unusual fire hazard to life or property,
as follows:
[Amended 5-23-2017 by L.L. No. 4-2017]
(1)
Open burning, recreational fires, portable fireplaces and bonfires.
(a)
Excepted are fires kindled for the instruction of personnel by the
Southampton Fire Department in the methods of fighting fires.
(b)
No person shall kindle or maintain an open burn, recreational fire,
portable fireplace or bonfire in such a manner that violates any conditions
listed on the approved permit.
(c)
No person shall kindle or maintain an open burn, recreational
fire, portable fireplace or bonfire to be unsafe or hazard-producing
as determined by the Village Fire Chief, Fire Marshal, State Forest
Ranger or state, county or Village police officer, who may immediately
suspend or revoke any permit previously issued.
(2)
Combustible dust-producing operations.
(3)
Compressed and liquefied gases.
(a)
More than 2,000 gallons' individual water capacity or an aggregate
water capacity of 4,000 gallons of flammable compressed gases.
(b)
More than 10,000 gallons' individual water capacity or an aggregate
water capacity of 20,000 gallons of nonflammable compressed gases.
(c)
For each temporary installation of flammable compressed gases in
a place of public assembly.
(d)
More than 2,000 gallons' individual water capacity or an aggregate
water capacity of 4,000 gallons of flammable liquefied gas.
(e)
Storage/retail sale of propane (tank exchange).
(4)
Explosive materials. Explosives, blasting agents, water gels (slurries)
and detonators, as classified by NFPA 495.
(5)
Flammable and combustible liquids, in amounts over 55 gallons, excluding
paints or paint thinners but including operations involving spraying,
flow-coating or dipping utilizing flammable or combustible liquids
and operation (including the transportation) of asphalt kettles. In
addition to the provisions of the State Code, all asphalt kettles
shall meet the requirements of the NFPA Code with regard to roofing
kettles.
(6)
Flammable finishing.
(7)
Public and private firework displays/pyrotechnic displays and special
effects. The use of fireworks to provide audio and visual entertainment
to a group of people.
(8)
Pyroxylin plastics.
(9)
Welding, cutting or other hot work.
(10)
Tents, canopies and other membrane structures. Permits to erect a
tent, canopy and other membrane structures in excess of 400 square
feet on residential or commercial properties.
(11)
Installation/alteration of commercial cooking vapor removal system.
(12)
Installation/alteration of commercial alternative automatic fire-extinguishing
systems.
(13)
Installation/removal of LPG system (one- and two- family homes exempt).
(14)
Installation/alteration of automatic fire sprinkler system (one-
and two-family home exempt).
(15)
Installation/alteration of commercial automatic fire alarm and detection
system (one- and two-family homes exempt).
(16)
Installation/alteration of commercial carbon monoxide detection system
(one- and two-family homes exempt).
(17)
Facilities with an H area.
(18)
Aviation facilities.
(19)
Dry cleaning.
(20)
Fruit crop ripening facilities.
(21)
Fumigation and fogging.
(22)
Semiconductor fabrication.
(23)
Lumber and woodworking facilities.
(24)
Organic coating processes.
(25)
Industrial ovens.
(26)
Motor fuel repair operations.
(27)
High piled storage.
(28)
Tire rebuilding.
(29)
Aerosols.
(30)
Combustible fibers.
(31)
Corrosive materials.
(32)
Cryogenic fluids.
(33)
Flammable gases.
(34)
Flammable solids.
(35)
Toxic materials.
(36)
Organic peroxides.
(37)
Oxidizers.
(38)
Unstable materials.
(39)
Water-reactive materials.
(40)
Public assemblies of more than 50 people.
B.
A permit issued under this section shall continue
until revoked or for the period of time designated therein at the
time of the issuance of the permit. The permit shall be issued to
one person or business only and for the location or purpose described
in the permit. Any change that affects any of the conditions of the
permit shall require a new or amended permit. Permits shall not be
transferable or assignable, and any change in activity, operation,
location or ownership shall require a new permit. Should the permit
expire prior to receiving a final inspection approval from the Fire
Marshal on the described work within the permit, the applicant shall
renew the expired permit and pay the applicable permit fee as if it
were a new permit application.
[Amended 5-23-2017 by L.L. No. 4-2017]
C.
The Fire Marshal may grant an extension of the permit
time period upon presentation by the permittee of a satisfactory reason
for failure to start or complete the work or activity authorized by
the permit within the required time period of the permit.
D.
When a temporary hazardous situation is anticipated
for conditions not otherwise regulated by this article, the Fire Marshal
is authorized to issue a temporary special permit for the duration
of the hazard.
E.
Only one permit shall be required for each location
of a firm that may be required to obtain more than one permit under
permit requirements. Such a consolidated permit shall list all hazardous
materials or operations covered by the permit. Revocation of any portion
or portions of such a consolidated permit for specific hazardous materials
or operations shall not invalidate any remaining portion of the permit.
F.
Applications for permits shall be made to the Fire
Marshal on forms provided by him and shall include the applicant's
answers in full to inquiries set forth on such forms. Applications
for permits shall be accompanied by such data and plans as may be
required by the Fire Marshal Installation Forms and such fees as may
be established by the Village Board.
G.
The Fire Marshal shall review all applications submitted,
determine compliance with applicable provisions of the code and issue
permits as required. If an application for a permit is rejected by
the Fire Marshal, the applicant shall be advised of the reasons for
such rejection.
H.
A copy of the permit shall be posted or otherwise
readily accessible at each place of operation or carried by the permit
holder, as specified by the Fire Marshal.
I.
Whenever any installation which is pursuant to a permit
issued under this article is subject to inspection prior to use is
covered or concealed without having first been inspected, the Fire
Marshal may require by written notice that such work be exposed for
inspection. The Fire Marshal shall be notified when the installation
is ready for inspection, and the Fire Marshal shall conduct the inspection
within a reasonable period of time. When any construction or installation
work is being performed in violation of the plans and specifications
as approved by the Fire Marshal, a stop-work order may be issued and
written notice shall be issued to the responsible party to stop work
on that portion of the work that is in violation. The notice shall
state the nature of the violation, and no work shall be continued
on that portion until the violation has been corrected.
J.
Any activity authorized by any permit issued under
this article shall be conducted by the permittee, the permittee's
agents or employees in compliance with all requirements of this article
applicable thereto and in accordance with the approved plans and manufacturers'
specifications. No permit issued under this article shall be interpreted
to justify a violation of any provision of this article or any other
applicable law or regulation. Any addition or alteration of activities
conducted under a permit issued under this article or any addition
or alteration of approved plans or specifications shall be approved
in advance by the Fire Marshal, as evidenced by the issuance of a
new or amended permit.
K.
Permits shall be issued by the Fire Marshal and shall
bear the name and signature of the Fire Marshal or that of the Fire
Marshal's designated representative. In addition, the permit shall
show:
L.
Any permit issued under this article shall not take
the place of any other license or permit required by other applicable
codes or laws.
M.
The Fire Marshal shall have the authority to revoke,
suspend or deny the granting of any permit, approval or certificate
required by this Code for noncompliance with the provisions of such
permit, approval or certificate or failure to meet the provisions
of this Code for the issuance of such permit, certificate or approval.
N.
Permit
fees. Fees for each permit under this chapter, including late fees
and fees for all lost, stolen, or destroyed permits, shall be established
from time to time by resolution of the Village Board, a copy of which
shall remain on file with the Village Clerk's office. Fees shall not
be refunded in the event that an application is denied.
[Amended 11-24-2009; 4-25-2017]
O.
Schedule
of permit fees.
[Amended 4-25-2017; 12-8-2022 by L.L. No. 23-2022]
Operating permits
| ||
---|---|---|
Combustible dust-/vapor-producing operations
|
$225
| |
Storage of compressed and liquefied gases
| ||
Up to 10,000 gallons (container water capacity)
|
$225
| |
In excess of 10,000 gallons (container water capacity)
|
$225
| |
Storage of retail sale of propane (exchange) 2,000 gallons or
less
|
$225
| |
Explosive materials
|
$225
| |
Flammable/combustible liquids
| ||
Greater than 55 gallons but less than 1,000 gallons
|
$225
| |
1,000 gallons or greater
|
$300
| |
Flammable finishing
|
$225
| |
Public/private fireworks and pyrotechnic displays
|
$550
| |
Late fee — application received less than 14 days prior
to event
|
$150
| |
Pyroxylin plastics
|
$225
| |
Welding and other hot work
|
$225
| |
Facilities with an H area
|
$225
| |
Aviation facilities
|
$225
| |
Dry cleaning
|
$225
| |
Fruit crop ripening facilities
|
$225
| |
Fumigation and fogging
|
$225
| |
Semiconductor fabrication
|
$225
| |
Lumber and woodworking facilities
|
$225
| |
Organic coating processes
|
$225
| |
Industrial ovens
|
$225
| |
Motor-fuel-dispensing facilities and repair garages
|
$225
| |
High piled storage
|
$225
| |
Tire rebuilding
|
$225
| |
Aerosols
|
$225
| |
Combustible fibers
|
$225
| |
Corrosive material
|
$225
| |
Cryogenic fluids
|
$225
| |
Flammable gases
|
$225
| |
Flammable solids
|
$225
| |
Toxic materials
|
$225
| |
Organic peroxides
|
$225
| |
Oxidizers
| ||
Class 1
|
$225
| |
Class 2
|
$225
| |
Class 3
|
$225
| |
Class 4
|
$225
| |
Unstable Materials
| ||
Class 1
|
$225
| |
Class 2
|
$225
| |
Class 3
|
$225
| |
Class 4
|
$225
| |
Water reactive materials
|
$225
| |
Single event permits
| ||
Open burning, recreational fires, portable fireplaces and bonfires
|
$75
| |
Late fee (Late fee is charged after 4:00 p.m. on the working
day two days before the event. For weekend events, the fee will be
charged after 4:00 p.m. on the Wednesday prior to the event.)
|
$25
| |
Tents, canopies and other membrane structures
| ||
Less than 1,000 square feet
|
$100
| |
1,000 square feet but less than 3,600 square feet
|
$225
| |
3,600 square feet but less than 5,000 square feet
|
$325
| |
5,000 square feet but less than 10,000 square feet
|
$425
| |
10,000 square feet but less than 15,000 square feet
|
$525
| |
15,000 square feet or greater
|
$625
| |
Tents/canopies, commercial-sponsored event sponsored by a business
located outside of the Village of Southampton
|
$1,000
| |
Special event on beach, tent permit
|
$550
| |
Tent late fee (Late fee is charged after 4:00 p.m. on the working
day two days before the event. For weekend events, the fee will be
charged after 4:00 p.m. on Wednesday prior to the event.)
|
$100
| |
Compressed and liquefied gases
| ||
For each temporary installation 2,000 gallons or less
|
$50
| |
TLPG late fee (Late fee is charged after 4:00 p.m. on the working
day two days before the event. For weekend events, the fee will be
charged after 4:00 p.m. on Wednesday prior to the event.)
|
$25
| |
Public assembly annual operating permit
| ||
More than 50 people
|
$225
| |
Permits for system installation: If any fire-protection system
is modified or commencement of any installation is started without
the benefit of applicable fire prevention permit, all fees associated
with said modification or installation will be equal to double the
otherwise applicable fee for all fire-prevention permits
| ||
Plan review for commercial cooking vapor removal system
|
$225
| |
Each additional resubmittal review
|
$75
| |
Each additional acceptance test inspection required until final
approval is granted
|
$150
| |
Plans review for commercial alternative fire extinguishing system
(wet/dry)
|
$225
| |
Each additional resubmittal review
|
$75
| |
Each additional acceptance test inspection required until final
approval is granted
|
$150
| |
Plan review for installation of aboveground/underground LPG
system (one- and two-family exempt)
|
$225
| |
Each additional resubmittal review
|
$75
| |
Each additional acceptance test inspection required until final
approval is granted
|
$150
| |
Plans review for fire sprinkler system (one- and two-family
exempt)
|
$225
| |
Each additional resubmittal review
|
$75
| |
Each additional acceptance test inspection required until final
approval is granted
|
$150
| |
Plan review for automatic fire alarm and detection system
|
$225
| |
Each additional resubmittal review
|
$75
| |
Each additional acceptance test inspection required until final
approval is granted
|
$150
| |
Plan review for carbon monoxide detection/alarm
|
$225
| |
Each additional resubmittal review
|
$75
| |
Each additional acceptance test inspection required until final
approval is granted
|
$150
| |
Plan review for installation of aboveground/underground flammable/combustible
liquid tank
|
$225
| |
Each additional resubmittal review
|
$75
| |
Each additional final inspection required until final approval
is granted
|
$150
| |
Removal of underground flammable/combustible liquid tank
|
$150
| |
Plan review for any "H" occupancy or area
|
$225
| |
Each additional resubmittal review
|
$75
| |
Each additional final inspection required until a final approval
is granted
|
$150
| |
Tenant certificate of occupancy
|
$225
| |
Fire Prevention or Building Department presubmission plan review
|
$225
| |
Should the applicant request an inspection from the Fire Marshal's
office after normal business hours or on weekends, the applicant will
be responsible in paying an additional fee at the rate of $150 per
hour. In the event only a portion of an hour has been completed, it
shall be rounded up to the next full hour. Minimum fee $450. *Subject
to Fire Marshal availability.
|
P.
If any of the above-referenced permits and/or fees
are part of a special event, the Village Board shall have the authority
to waive the scheduled fee.
Q.
Special inspections.
(1)
General. Where application is made for construction as described in this section and when required by the Fire Marshal, the owner or the registered design professional in responsible charge acting as the owner's agent shall employ one or more third-party special inspector(s) or plan examiner(s) to provide inspections and or plan reviews, or both, regarding construction on the types of work listed under Chapter 58 or when under the discretion of the Fire Marshal. The special inspector/examiner shall be a qualified person who shall demonstrate competence, to the satisfaction of the Fire Marshal, for inspections and/or plan examinations of the particular type of construction or operation requiring special inspection or examination. These inspections are in addition to the inspections specified in § 109 of the NYS Building Code.
(2)
Qualifications. Special inspectors and/or plan examiners/agencies
for fire protection equipment referenced in this chapter shall have
expertise in fire protection engineering.
(3)
Inspection report requirement. Special inspectors
shall keep records of inspections The special inspector shall furnish
inspection reports to the Fire Marshal, and to the registered design
professional in responsible charge. Reports shall indicate that work
inspected was done in conformance to approved construction documents,
manufacturers' specifications and applicable reference standards.
Discrepancies shall be brought to the immediate attention of the contractor
so the contractor can correct same. If the discrepancies are not corrected,
the discrepancies shall be brought to the attention of the Fire Marshal
and to the registered design professional in responsible charge prior
to the completion of that phase of the work. A final report of inspections
documenting required special inspections and correction of any discrepancies
noted in the inspections shall be submitted periodically at a frequency
agreed upon by the permit applicant and the Fire Marshal prior to
the start of work.
(4)
Final reports. A complete report of all testing shall
be prepared by the special inspector or special inspection agency
and shall be submitted to the design professional. The report shall
be reviewed by the responsible registered design professional and,
when satisfied that the design intent has been achieved, the responsible
registered design professional shall seal, sign and date the report.
(5)
Plan examiner report requirement. The special plans
examiner shall furnish a written report to the Fire Marshal along
with an approved set of drawings and specification. Reports shall
indicate that the plans and specifications are in conformance with
the New York State Fire Code, manufacturers' specifications and applicable
reference standards. Any discrepancies shall be brought to the immediate
attention of the Fire Marshal and contractor so the contractor can
correct and resubmit same. A final report shall be submitted and a
permit issued by the Department of Fire Prevention prior to the start
of work.
(6)
Report filing. A copy of the final report shall be
filed with the Fire Marshal, and an identical copy shall be maintained
in an approved location at the building.
A.
Operative condition required; audible alarms outside
building; false alarms.
(1)
Any equipment which shall have been installed in accordance
herewith shall be maintained in operative condition at all times.
Normal maintenance or repair shall not require a fire-prevention permit.
(2)
Any fire protection equipment, fire alarm system or
fire sprinkler system that causes more than two false fire alarm notifications
within a one-month period shall be deemed an improperly maintained
system and thereby a violation of this section of the Village of Southampton
Code.
B.
Tests, repairs, alterations or additions.
(1)
It shall be unlawful for any owner or occupant to
reduce the effectiveness of any equipment installed pursuant hereto,
except this shall not prohibit the owner or occupant from temporarily
reducing or discontinuing the protection where necessary to make repairs,
alterations or additions with a required Fire Prevention permit.
(2)
When a fire-protection system will be inoperative
for reasons of service, repair or other reason for more than four
hours, the Fire Marshal and Fire Chief shall be notified before such
tests, repairs or alterations are started.
(3)
The Fire Marshal may require an appropriate alternative
method of fire protection and/or a twenty-four-hour fire watch and/or
both until said permanent fire protection system is returned to normal
operation.
(4)
Whenever a required fire-protection system is placed out of service
or partially impaired the Fire Marshal and Fire Chief shall be immediately
notified. The owner, tenant or designated impairment coordinator shall
require the building be evacuated or an approved fire watch provided
in accordance with Fire Code of New York State and Fire Marshal requirements
while the building is occupied. A fire watch inspection log shall
be maintained on site and made immediately available upon Fire Marshal
request.
[Added 5-23-2017 by L.L.
No. 4-2017; amended 12-8-2022 by L.L. No. 23-2022]
C.
Sprinkler systems, standpipe systems, fire alarm systems
and other fire protective or extinguishing systems or appliances shall
be tested each year in accordance with the applicable reference standard
and the appropriate Village form for such test completed and shall
be filed with the Fire Marshal within 10 days of such test. Incomplete
inspection forms shall subject the inspection service company or vendor
to the penalties set forth in this chapter.
D.
Fire
extinguisher contractor regulations.
[Amended 5-23-2017 by L.L. No. 4-2017]
(1)
Fire extinguisher contractors shall be licensed by the County of
Suffolk in order to install, inspect, and maintain portable fire extinguishers
and fixed fire extinguishing systems.
(2)
All portable fire extinguishers and fixed fire extinguishing systems
shall be inspected, tested, and maintained by fire extinguisher contractors
in accordance with the New York State Uniform Fire Prevention and
Building Code and referenced NFPA standard.
(3)
Inspection tags shall display the name of the inspecting company,
address, phone number, month and year of inspection, name of inspector,
inspector's FELB license number and the serial number of the fire
extinguisher/fire suppression system inspected.
E.
Inspection of heating equipment.
(1)
All oil-fired, propane or natural-gas hot-water heaters
and heating equipment shall be maintained in operative condition at
all times. Said appliances shall be maintained in accordance with
manufacturer's instructions and inspected by a qualified service technician
at the frequency required or recommended by the manufacturer. In the
absence of such manufacturer's recommendation or requirement, an annual
inspection by a qualified technician shall be performed.
(2)
A written copy of such inspection report shall be
kept on the premises tagged on the units and made available for inspection
by the Fire Marshal upon request. Pressure boilers regulated by the
Department of Labor and which receive biannual pressure-vessel inspections
are not subject to this subsection.