NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County,

New York, on the 11th day of February, 2014, a Local Law entitled A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of March, 2014 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents reads as follows: LOCAL LAW NO. 2014

A Local Law entitled, A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Tents. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of the residents and general public at special events or gatherings where tent(s) are needed to protect those in attendance from the elements. II.

Chapter 144 of the Code of the Town of Southold is hereby amended as follows: 144-3. Administration and enforcement officers designated; definitions.

D. As used in this chapter, the following terms shall have the meanings indicated: Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Websters Third International Dictionary of the English Language, unabridged (or latest edition). CANOPY See Tent. TENT A structure, enclosure or shelter, including structures open without sidewalls or sidewalls that drop on 75 percent or more of the perimeter, constructed of fabric or pliable material supported by any manner except by air or the contents it protects.

144-6. Inspections required. C. (1) Inspection of tents. The Building Inspector or Code Enforcement Official shall perform inspections on tents prior to the event for which the tent is to be used. Tents must comply with all requirements of the New York State Building Code, and the following standards: (a) (b) Sufficient exiting to a public way. Tents over 200 square feet shall be made of flame resistant materials. A certificate attesting to that fact shall be available on site for inspection. All electrical supply shall be ground fault interrupted (GFI) at the

(c) source. (d) Tent stakes shall be capped or covered in such a way to present no hazard to the public. (e) No cooking shall be allowed under the tent. (f) All exiting aisles shall be maintained at a minimum of six (6) feet wide. (g) If the event under the tent is conducted after sunset, illuminated exit signs and emergency exit lighting shall be provided. The lighting shall be on a separate circuit. (h) Guy ropes shall not pass through exit paths unless maintained more than seven (7) feet above grade. Tent stakes shall not be in exit paths. (i) Fire extinguishers as required by New York State Building Code and the Town Building Inspector/Code Enforcement Official shall be provided. (2) A tent permit may be revoked by the Building Inspector or Code Enforcement Official, if, upon inspection, it is determined that the tent does not comply with any of the standards set forth in Section 144-6(C)(1) above or if the tent is used in violation of the provisions of Section 144-8.

144-8. Building permit required; application for permit. A. Building permit/tent permit required prior to commencement; exceptions. (2) No tent shall be erected on commercial property in the Town of Southold unless a permit is issued by the Building Department. Tents may be erected for protection from the elements for Special Events or for temporary activities that are a permitted use of the

premises in accordance with the Town Code and the approved site plan for the premises subject to the following standards: (a) (b) Tents should be removed as promptly as possible after the event has concluded. The duration of a tent permit shall be determined by the Building Inspector or Code Enforcement Official up to a maximum duration of thirty (30) days. A tent permit shall not issue if the parcel has an open building permit or is the subject of a pending site plan review or the property is subject to pending Town Code violation(s). A permit is required from the State of New York for tents with an occupancy of 300 or more unless owned, leased, or operated by a bona fide religious, charitable, educational, fraternal, service, veteran, or volunteer fire organization.

(c)

(d)

(2)(3) The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection A(1) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. All work, structures and buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town Code. K. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (j.) The permit fee for tents shall be $50 per permit.

144-20. Compliance required; penalties for offenses. C. It shall be unlawful for any person, firm or corporation to erect a tent in violation of the provisions of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector or Code Enforcement Official; the owner, occupant, or their agents or other person who commits any such offense shall, upon first conviction thereof, be guilty of a violation punishable by a fine not to exceed $1,000. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 36 months thereafter, such person shall be guilty of a violation punishable by a fine not to exceed $2,500.

III.

SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: February 11, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk