[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack 8-13-2007 by L.L. No. 8-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 30.
Unsafe buildings — See Ch. 36.
Property maintenance — See Ch. 164.
A. 
A permit must be obtained from the Building Inspector 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:
(1) 
Bonfires. All fires conducted outside of a building, except fires kindled for the instruction of personnel in the methods of fighting fires or small fires kindled in or upon the ground or in a barbecue pit, exterior fireplace, cookout device or other similar out-of-doors eating or cooking device.
(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.
(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 (§§ 3-6.3.2 and 3-6.3.3).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Flammable finishing.
(7) 
Fireworks. The use of fireworks to provide audio and visual entertainment to a group of people. Applications for fireworks displays must be made at least 15 days in advance of the date of the display.
(8) 
Pyroxylin plastics (cellulose nitrate).
(9) 
Welding, cutting or other hot work. All cutting, welding and other hot work must be performed in accordance with the provisions of NFPA 51-B.
(10) 
Tents. Applicants for permits to erect a tent will be required to submit a certificate that the tent is made of flame-resistive materials.
(11) 
Installation/alteration of a commercial cooking vapor removal system.
(12) 
Installation/alteration of a commercial fire extinguishing system.
(13) 
Installation of an LPG system (one- and two-family homes exempt).
(14) 
Fire suppression sprinkler plans review.
(15) 
Smoke/fire detection plans review (one- and two-family homes exempt).
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.
C. 
The Building Inspector 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 Building Inspector 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 Building Inspector 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 as may be required by the Building Inspector and such fees as may be established by resolution of the Board of Trustees.
G. 
The Building Inspector 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 Building Inspector, 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 Building Inspector.
I. 
Whenever any installation which pursuant to a permit issued under this section is subject to inspection prior to use is covered or concealed without having first been inspected, the Building Inspector may require by written notice that such work be exposed for inspection. The Building Inspector shall be notified when the installation is ready for inspection, and the Building Inspector 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 Building Inspector, a 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 section 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 specifications. No permit issued under this section 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 section or any addition or alteration of approved plans or specifications shall be approved in advance by the Building Inspector, as evidenced by the issuance of a new or amended permit.
K. 
Permits shall be issued by the Building Inspector and shall bear the name and signature of the Building Inspector or that of the Building Inspector's designated representative. In addition, the permit shall show:
(1) 
Operation or activities for which the permit is issued.
(2) 
Address or location where the operation or activity is to be conducted.
(3) 
Name and address of the permittee.
(4) 
Permit number and date of issuance.
(5) 
Period of validity of the permit.
(6) 
Inspection requirements.
L. 
Any permit issued under this section shall not take the place of any other license or permit required by other applicable codes or laws.
M. 
The Building Inspector 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. 
Appeals.
(1) 
Any person aggrieved by the determination of the Building Inspector with respect to a permit, approval or certificate required hereunder may appeal to the Board of Trustees within 15 days of the receipt of the determination by filing a written application with the Village Clerk setting forth the basis for said appeal. A public hearing shall be held by the Board of Trustees within a reasonable time after the filing of the application.
(2) 
The Board of Trustees shall have the power to affirm, modify or annul the determination of the Building Inspector, to vary or waive any provision of this code, or to render interpretations of the provisions of this code.
(3) 
In any appeal based upon a request for a variance or waiver of the provisions of this code, the applicant shall have the burden of establishing that the public health, safety and welfare will not be adversely affected.
O. 
Permit fees.
Type
Fee
Bonfires
$25
Combustible-dust-producing operations
$100
Compressed and liquefied gases
More than 2,000 gallons
$150
More than 10,000 gallons
$350
For each temporary installation
$25
More than 2,000 gallons
$250
Storage of LPG for retail/exchange
$150
Explosive materials
$250
Flammable and combustible liquids
1,000 gallons or less
$100
Over 1,000 gallons
$250
Flammable finishing
$100
Fireworks
$250
Pyroxylin plastics
$100
Welding
$25
Tents
Tents erected on 1- and 2-family properties for temporary use for public assembly
$25
Tents/canopies, commercial
$100
Installation/alteration of cooking vapor removal system
New
$100
Alteration
$50
Installation/alteration of fire extinguishing system
Wet system
$100
Dry system
$100
Installation of LPG system (1- and 2-family exempt)
Aboveground
$25
Underground
$100
Sprinkler plans review
New (first 25 devices)
$50
Each additional device
$2
Alteration
$50
Smoke/fire detection system plans review
New
$50
Alteration
$25
P. 
For appropriate reasons the Board of Trustees shall have the authority to waive the scheduled fee.
Persons owning, controlling or otherwise having charge of any fixed fire extinguishing system, fire warning system or standpipe system shall notify the Building Inspector, who shall then notify the local fire company, at any time such system or systems are inoperable or taken out of service. The Building Inspector shall also be notified when service is restored.
A. 
All premises that a fire department may be called upon to protect in case of fire and that are not readily accessible from public roads shall be provided with suitable gates, access roads and fire lanes so that one side of all buildings on the premises is accessible to fire apparatus.
B. 
Fire lanes shall be provided for all buildings that are set back more than 150 feet from a public road or exceed 30 feet in height and are set back over 50 feet from a public road.
C. 
Fire lanes shall be at least 20 feet in width and 13.6 feet in height with the road edge closest to the building at least 10 feet from the building. Any dead-end road more than 150 feet long shall be provided with an adequate area for turnaround of fire apparatus, which may consist of but is not limited to a cul-de-sac at the closed end at least 60 feet in diameter or a hammerhead which meets industrial standards.
D. 
It shall be the duty of the property owner to install all signs and pavement markings as set forth by the Building Inspector and to maintain all signs and pavement markings so that they are plainly legible at all times.
E. 
It shall be unlawful for any person to park motor vehicles on or otherwise obstruct any fire lane.
The Building Inspector may require that all premises where buildings or portions of buildings, other than one- and two-family dwellings, are constructed and located in such a manner that access to public fire hydrants is minimal or of a distance such that the Building Inspector can demonstrate that fire-fighting operations would be impaired shall be provided with a water supply system installed in accordance with the provisions of § 508 of the Fire Code of the State of New York.
It shall be unlawful to maintain in any building or upon any premises or other places combustible or dangerous accumulations of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any highly flammable materials especially liable to fire. The provisions of § 304 of the Fire Code and § 305 of the Property Maintenance Code of the State of New York also apply to this article.
A. 
It shall be unlawful for any person to violate this article, to permit or maintain such violation, to refuse to obey any provision thereof or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the Building Inspector. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant or the person in charge shall not be deemed to relieve any of the others.
B. 
For any and every violation of the provisions of this article, which shall include the failure, refusal or neglect to comply with an order issued by the Building Inspector, the owner, occupant, general agent, contractor, lessee, tenant or person in charge of an entire building, structure or premises where such violation has been committed or shall exist and the owner, occupant, general agent, lessee, tenant or person in charge of any part of a building, structure or premises in which part of such violation has been committed or shall exist and any other person who knowingly commits, takes part or assists in any such violation or who maintains any buildings, structures or premises in which any such violation shall exist shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both.
C. 
In addition to any other remedy, an appropriate action or proceeding may be instituted to prevent an unlawful construction, erection, alteration, repair, maintenance or use or to restrain, correct or abate any violation of the code or to enforce compliance with any order or notice issued by the Building Inspector to enjoin the use and occupancy of any building, structure or premises which is in violation of the provisions of the code or to enjoin any act, conduct, business or use which constitutes a distinct fire hazard to life or property or to enjoin any illegal act, conduct, business or use in or about any building, structure or premises.
D. 
Any person violating the provisions of this code relating to parking in fire zones shall be liable to a minimum fine of $350 for each violation.
It is the policy of the Village of Sagaponack to assure adequate fire protection for all citizens. The establishment of local regulations concerning the installation, performance and maintenance of early-warning smoke and fire detectors in buildings devoted to residential use and occupancy, including single-family residences, multiple residences (including two-family dwellings), mixed-occupancy buildings and accessory structures, will further this policy by providing for each such building a basic system of coverage which will give to all occupants thereof adequate and timely warning of fire.
As used in this article, the following terms shall have the meanings indicated:
SMOKE DETECTOR
Any photoelectric- or ionization-type single-station smoke-detecting device listed by Underwriters' Laboratories, Inc., Factory Mutual Testing Laboratories or other testing agency acceptable to the Village in which the control, detection and audible alarm functions are contained in one unit which sounds the audible alarm upon detection of smoke or invisible particles of combustion related to fire. No device which is or has become incapable of operation, either because of weakened or dead batteries or because of any other mechanical or electrical defect or failure, shall be deemed to constitute a smoke detector for the purposes hereof.
A. 
In any occupied building other than a one- or two-family residence, there shall be installed at least one smoke detector on or near the ceiling in each sleeping room or within dwelling units adjacent to sleeping spaces. Further, there shall be installed at least one smoke detector on or near the ceiling in all common interior halls, corridors or stairways on each floor. Such devices shall be wired to the building's electrical system.
B. 
Smoke detectors are to be installed and maintained in conformance with § R317 of the Residential Code of New York State, § 907.2.10.1.2 of the Building Code of New York State and § 704 of the Property Maintenance Code of New York State.
The owner of any building or structure affected by this article shall install and maintain all smoke detectors required hereunder. In addition, where by lease or other agreement a party other than the owner shall have undertaken to maintain any such building, structure or dwelling unit, said party shall be responsible for the installation of all smoke detectors required hereunder which are not then present and the maintenance of all required smoke detectors, regardless of when and by whom they were installed.
A. 
The requirements of this article shall be in addition to any other similar provisions in the New York State Uniform Fire Prevention and Building Code, and no provision hereof shall be construed as relieving any part of any obligation imposed by such Uniform Code. In the case of a conflict between a provision of this article and a provision of any other law, code, ordinance or regulation, the more stringent requirement shall be deemed to apply.
B. 
Any person violating the provisions of this article shall be subject to a fine of $350.