[Adopted 2-8-1994 by L.L. No. 6-1994[1]]
[1]
Editor's Note: This local law also superseded former Art. I, Adoption of Standards, adopted 3-24-1981, as amended.
[Amended 3-25-2003 by L.L. No. 31-2003]
A. 
All provisions of this article must conform with the 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... ." The Town Board, therefore, hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code. In so doing, the Town Board notes that the State Code specifically references the NFPA standards in many of its provisions.
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 and the Public Safety and Emergency Management Administrator. The Fire Marshal and the Public Safety and Emergency Management Administrator shall continue to administer and enforce the provisions of the state and local codes as they apply to the maintenance of existing structures (excluding one- or two-family dwellings) and the use, storage or handling of hazardous materials.
[Amended 2-8-2022 by L.L. No. 5-2022]
[Amended 3-25-2003 by L.L. No. 31-2003]
A. 
The Town Board of the Town of Southampton hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code, in accordance with Article 18 of the Executive Law, as the Fire Prevention Code for the Town of Southampton. However, since many administrative functions related to fire prevention are not addressed in the State Code, such as permits for hazardous materials and activities, this article codifies the permit system, modeled on NFPA 1, 2 and 3 (including the annex and appendixes thereto), which the Fire Marshal has already implemented.
B. 
In addition to the State Code and the special provisions adopted herein, NFPA 303 with reference to fire protection standards for marinas and boatyards, date of issue 2000, is also adopted.
A. 
The provisions of this article shall apply to existing buildings, structures, marine vessels, premises and conditions, except that existing buildings, structures, marine vessels, premises and conditions not in compliance with this article may be permitted to continue unless, in the opinion of the Fire Marshal or the Public Safety and Emergency Management Administrator, they constitute a fire hazard to life or property.
[Amended 2-8-2022 by L.L. No. 5-2022]
B. 
The provisions of Article I of this chapter do not apply to one- or two-family dwellings in the normal use or maintenance thereof.
C. 
No permits set forth in this article shall be required if the purpose of such permit is for buildings, structures, uses or devices requiring a building permit under Chapter 123, Building Construction, of the Town Code or if such permit is the same as any existing permit, license, certificate or approval issued by this jurisdiction or other governmental unit which has preempted this jurisdiction.
D. 
References herein to this code or this article 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 Town of Southampton is granted permission to impose additional or more stringent provisions, then the provisions of this code shall apply.
E. 
Adoption of this article shall not subject the Town of Southampton nor any official, employee, independent contractor or consultant to the Town of Southampton to any civil or other liability for damages to persons or property by reason of the inspection or reinspection of buildings, structures, marine vessels, premises and conditions or failure to inspect or reinspect the same or the issuance of permits hereunder or any other act or omission hereunder.
[Amended 3-25-2003 by L.L. No. 31-2003]
A. 
The Public Safety and Emergency Management Administrator shall administratively oversee the Chief Fire Marshal and the Division of Fire Prevention as a division of the Department of Public Safety. The Department of Fire Prevention shall continue to operate under the supervision of the Chief Fire Marshal.
[Amended 2-8-2022 by L.L. No. 5-2022]
B. 
The Town Board of the Town of Southampton shall appoint the Chief Fire Marshal, who shall devote full time to his or her duties. In addition to being a resident of the Town of Southampton with at least 10 years of service as a fire fighter with a recognized fire department, which shall include inspection experience, the Town Board shall, from time to time, establish additional qualifications for the position of Chief Fire Marshal. The Town Board shall also appoint as many Fire Marshals as may be necessary to assist the Chief Fire Marshal in his or her duties.
C. 
It shall be the duty of the Chief Fire Marshal to enforce those portions of the New York State Uniform Fire Prevention and Building Code addressing firesafety (primarily the Fire Code and Property Maintenance Code of the State of New York) and this article of the Code of the Town of Southampton and to delegate any of his or her powers or duties to the Fire Marshals.
D. 
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. In addition, upon the request of the Building Inspector or the Town Board, the Fire Marshal may enforce or administer other specific sections of the Code of the Town of Southampton on behalf of any other department or entity of the Town.
E. 
In addition to the other functions and duties granted to the Department of Fire Prevention by this code or by separate resolution of the Town Board or local law, the Department shall review all building permit 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 Chief Fire Marshal. The review shall be completed and the resulting recommendations shall be returned to the referring department within 10 days of the receipt of the application and plans.
F. 
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.
G. 
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.
H. 
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.
[Amended 11-12-2002 by L.L. No. 47-2002]
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:
(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, except as excluded under § 164-3C of this article. 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).
(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 commercial cooking vapor removal system.
(12) 
Installation/alteration of commercial fire extinguishing system.
(13) 
Installation of 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 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 as may be required by the Fire Marshal and such fees as may be established by the Town 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 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 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 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:
(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 article shall not take the place of any other license or permit required by other applicable codes or laws.
M. 
The Public Safety and Emergency Management Administrator and 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.
[Amended 2-8-2022 by L.L. No. 5-2022]
N. 
Appeals.
(1) 
Any person aggrieved by the determination of the Chief Fire Marshal, or the Public Safety and Emergency Management Administrator, with respect to a permit, approval or certificate required hereunder may appeal to the Town Board within 15 days of the receipt of the determination by filing a written application with the Town Clerk setting forth the basis for said appeal. A public hearing shall be held by the Town Board within a reasonable time after the filing of the application.
[Amended 2-8-2022 by L.L. No. 5-2022]
(2) 
The Board shall have the power to affirm, modify or annul the determination of the Chief Fire Marshal; 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. 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 Town Board, a copy of which shall remain on file with the Town Clerk's office. Fees shall not be refunded in the event that an application is denied, nor shall there be any reduction in fees for permits issued for a fractional part of the year.
[Amended 11-12-2008 by L.L. No. 62-2008]
P. 
If any of the above-referenced permits and/or fees are part of a special event as defined under Town Code Chapter 283, the Town Board 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 Fire Marshal, who shall then notify the local fire company, at any time such system or systems are inoperable or taken out of service. The Fire Marshal shall also be notified when service is restored.
[Amended 3-25-2003 by L.L. No. 31-2003]
A. 
All premises that the 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 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 Chief Fire Marshal 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.
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 Public Safety and Emergency Management Administrator or the Fire Marshal or any police officer or ordinance inspector or building inspector of the Town of Southampton. Other methods meeting the intent of this subsection may be approved by the Fire Marshal on an individual basis.
[Amended 2-8-2022 by L.L. No. 5-2022]
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.
[Amended 3-25-2003 by L.L. No. 31-2003]
The Fire Marshal 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 Fire Marshal can demonstrate that fire-fighting operations would be impaired shall be provided with a water supply system installed in accordance with the provisions of Section 508 of the Fire Code of the State of New York.
[Amended 3-25-2003 by L.L. No. 31-2003; 9-26-2023 by L.L. No. 29-2023]
A. 
Definitions.
As used in this section, the following terms shall have the meanings indicated:
HAZARDOUS ACCUMULATION
An excess quantity (beyond an amount ordinarily used for the cleaning or maintenance of property) of a hazardous material, rubbish or unnecessary accumulation of waste, wastepaper, boxes, shavings or any highly flammable and/or combustible materials that create an articulable increased risk of fire, combustion, explosion, or other life-threatening event. Hazardous accumulations shall be determined as such by a qualified HAZMAT team/operations certified law enforcement officer when such material presents an articulable risk to public safety.
HAZARDOUS MATERIAL
Material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
B. 
It shall be unlawful to maintain in any building, or upon any premises or other places within a site, combustible or dangerous accumulations of a hazardous material, rubbish or unnecessary accumulation of waste, wastepaper, boxes, shavings or any highly flammable and/or combustible materials especially susceptible to fire. The provisions of Section 304 of the Fire Code and Section 305 of the Property Maintenance Code of the State of New York also apply to this article.
C. 
Hazardous accumulation. It shall be unlawful to maintain in any building, or upon any premises a hazardous accumulation of material. Following a founded HAZMAT team response where a hazardous accumulation of material is present, it shall be an unclassified misdemeanor chargeable for each container of a hazardous material in any residential building, or upon any residentially zoned premises.
D. 
Exemptions.
(1) 
This section shall not include oil tanks, propane tanks, or other fuel storage structures for which a valid permit from the Southampton Town Building Department and/or Southampton Town Fire Marshal's office has been issued.
(2) 
This section shall not include chemicals or other materials stored within commercially zoned properties pursuant to a valid site plan issued by Southampton Town.
(3) 
This section shall not include properly stored chemicals, fertilizer, etc., of quantities suitable for site maintenance and/or use.
(4) 
This section shall not apply to agricultural or farmland properties.
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 Fire Marshal. 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 Fire Marshal, 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 $250 for the first offense, $500 for the second offense and $1,000 for the third and subsequent offenses or imprisonment for a period not to exceed 15 days, or both. Any conviction of § 164-6.4, Hazardous accumulations, shall be deemed an unclassified misdemeanor level offense and punishable by a fine not less than $1,000 and not exceeding $3,000 or imprisonment for a period not to exceed 15 days, or both.
[Amended 9-26-2023 by L.L. No. 30-2023]
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 Chief Fire Marshal 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 $50 for each violation.