[Adopted 12-2-1977 as Ch. 81, Art. II, of the 1977 Code]
[Amended 7-21-2016 by L.L. No. 31-2016]
This local law shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1, in the Town of East Hampton, and shall establish powers, duties and responsibilities in connection therewith.
[Amended 7-21-2016 by L.L. No. 31-2016]
There is hereby designated the Inspector to administer and enforce the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1, within the Town of East Hampton.
If any section of this local law shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remainder thereof.
A. 
The Town Board on consultation with the Fire Advisory Committee may adopt rules and regulations for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1. Such rules and regulations shall not conflict with the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1, this local law, or any other provision of law.
[Amended 7-21-2016 by L.L. No. 31-2016]
B. 
The Town Board shall publish all rules and regulations at least 10 days prior to the effective date thereof in a newspaper of general circulation within the Town of East Hampton.
[Amended 7-18-2002 by L.L. No. 18-2002; 10-5-2007 by L.L. No. 33-2007; 5-6-2021 by L.L. No. 11-2021; 12-4-2025 by L.L. No. 19-2025]
A. 
Permits shall be issued by and bear the name and signature of the Inspector and shall specify:
(1) 
Activity or operation for which permit is issued.
(2) 
Address or location where activity or operation is to be conducted.
(3) 
Name and address of permittee.
(4) 
Permit number and date of issuance.
(5) 
Period of permit validity.
B. 
Permits shall not be transferable and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
Permits shall continue until revoked, or for a period of time designated at the time of issuance. An extension of the permit time period may be granted provided a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
D. 
Permits shall be obtained for the following:
(1) 
Automobile wrecking yards. To operate an automobile wrecking yard.
(2) 
Boatyards and marinas.
(3) 
Bowling establishments. For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
(4) 
Cellulose nitrate motion-picture film. To store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(5) 
Cellulose nitrate plastics (pyroxylin).
(a) 
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(b) 
To manufacture articles of cellulose nitrate plastics (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(6) 
Combustible fibers. To store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
(7) 
Combustible materials. To store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume, on any premises.
(8) 
Compressed gases.
(a) 
To store, handle or use at normal temperatures and pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas; or
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied natural or hydrogen gas.
(9) 
Cryogenics. To store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(a) 
Production, sale or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers, or liquefied oxygen in excess of 10 gallons.
(10) 
Dry-cleaning plants. To use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(11) 
Explosive, ammunition and blasting agents.
(a) 
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(b) 
To use explosives or blasting agents.
(12) 
Flammable and combustible liquids.
(a) 
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings; or in excess of 10 gallons inside any other building or other occupancy; or in excess of 60 gallons outside of any building. This provision shall not apply to:
[1] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant;
[2] 
Paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting or similar purposes.
(b) 
To store, handle or use combustible liquids in excess of 25 gallons inside a building, or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(c) 
For processing, blending or refining of flammable or combustible liquids.
(13) 
Flammable finishing. For spraying, coating or dipping operations utilizing flammable or combustible liquids.
(14) 
Hazardous chemicals.
(a) 
To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
(b) 
To store, handle or use any quantity of air-reactive, water-reactive, or unstable materials.
(15) 
Junkyards. To operate a junkyard.
(16) 
Liquefied petroleum gas. For each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders, and have it available for inspection.
(17) 
Lumberyards. To operate a lumberyard.
(18) 
Matches. To store matches in excess of 25 cases.
NOTE: One case equals one matchman's gross of 14,400 matches.
(19) 
Places of assembly. To maintain, operate or use a place of assembly.
(20) 
Service stations and repair garages. To operate a service station or repair garage.
(21) 
Tents. Temporary tents shall not be erected, operated or maintained for any purpose without first obtaining a permit; provided, however, that the following tents shall be exempted from the permit requirement:
(a) 
Tents used in recreational camping exclusively for sleeping purposes.
(b) 
Funeral tents not exceeding 700 square feet when used at cemeteries.
(c) 
Tents, singularly or collectively, not exceeding 700 square feet erected on premises designated by local zoning for one-family dwelling use and being used as such.
As used in this § 141-9D(21): (a) the term "tent" means a structure, enclosure or shelter constructed of fabric or pliable material, with or without sidewalls on all or part of the perimeter, supported by any manner except by air or the contents that it protects; and (b) the term "temporary tents" means tents which are to be erected for less than a two-week period. Tents to be erected for more than a two-week period shall require a building permit.
(22) 
Welding and cutting. To operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
(23) 
Fire sprinkler systems meeting NFPA 13 standards.
(24) 
Automatic fixed-pipe fire-extinguishing system.
(25) 
Installation of a cistern.
E. 
Fees for permits shall be set from time to time by resolution of the Town Board and shall be paid at the time of application.
F. 
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.
G. 
Location of permits. Permits shall be kept on property or premises covered by the permit or carried by the permit holder.
H. 
Revocation of permits. Permits may be suspended or revoked when it is determined there is a violation of a condition under which the permit was issued, or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
A. 
The Inspector shall conduct periodic inspections for compliance with the provisions of the State Fire Prevention Code. Such inspections may be made at any reasonable time.
B. 
If entrance to make an inspection is refused or cannot be obtained, the Inspector may apply for a warrant to make an inspection to any court of competent jurisdiction.
C. 
The Fire Prevention Inspector shall have the authority to investigate the cause, origin and circumstances of any fire or explosion involving a loss of life, injuries to persons or destruction or damage to property.
[Added 8-4-1978]
[Amended 9-2-1988 by L.L. No. 7-1988; 7-21-2016 by L.L. No. 31-2016]
A. 
Unless specifically designated otherwise in a provision of the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1, the owner or person in control of the property where any violation of the standards of the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1, has been committed or shall exist, shall be guilty of a violation of this article. In the event that the Inspector determines a violation of any provision of the New York State Uniform Fire Prevention and Building Code as defined by New York State Codes, Rules and Regulations Title 19, Section 1219.1, or of this chapter exists, an information shall be filed by the Inspector in the Town Justice Court of the Town of East Hampton.
B. 
For the purposes of this article, "person in control" is defined as any owner, builder, architect, lessee, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction, maintenance or use of any structure, building or property, so long as such person or entity has the apparent power and authority to control the manner in which the structure, building or property is constructed, maintained or used.
[Amended 9-5-2003 by L.L. No. 30-2003]
Any person found guilty of violating any provisions of this article shall, upon conviction, be deemed guilty of an offense punishable by a fine of not less than $200 nor more than $1,000 or by imprisonment for a period not to exceed six months, or both, for each and every such violation. Each day that a violation continues shall be deemed a separate offense.
The Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
A. 
A building or structure or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance.
B. 
Whenever the Inspector finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
C. 
The Inspector may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building or structure, or part thereof.
D. 
All costs and expenses incurred by the Town of East Hampton in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such line. As an alternative to the maintenance of any such action, the Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the Assessor, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of East Hampton.
[Added 9-3-2015 by L.L. No. 34-2015]
A. 
The manager or person in charge of any bar, tavern or nightclub where the maximum occupancy is over 100 persons shall provide mechanical or electronic counting devices which shall be utilized by the management, owner or person in charge to maintain the required occupancy limits. The management shall produce this device or devices, as well as the total number of occupants present when such bar, tavern or nightclub is operating, upon the request of the Fire Marshal or any police officer or ordinance inspector or building inspector of the Town of East Hampton. Other methods meeting the intent of this subsection may be approved by the Fire Marshal on an individual basis.
B. 
The formation of a stationary line of people in front of any required or designated exit from any bar, tavern or nightclub shall constitute an illegal obstruction of the exit.
[1]
Editor's Note: Former § 141-15, Review Board, was repealed 9-5-2003 by L.L. No. 30-2003.