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HomeMy WebLinkAboutTB-07/08/1980 'SOUTHOLD"TOWN BOARD July 8, 1980 WORK SESSION 10: 35 A.M. - Chief Cataldo appeared before the Board and presented his June 1980 report and- explained it in detail . ---- He requested the Board to consider a fb,Ise alarm~ i.ordinance to prevent many of the indicents that have been occurring throughout the 'Town . ----The number of hours worked and salaries of the seasonal police was discussed. 11 : 00 A.M. - The Board began reviewing the agenda. 12 : 15 P.M. The Board recessed for lunch.. 1 : 30 P.M. The Board resumed reviewing the agenda.. 2 : 10 P.M. - Terry Harnan and Lorna Tuthill appeared before the Board and read statements in opposition to calling for a Consti.ut onal Convention for a Human Life Amenement . 2 : 55 P.M. - John Berryman, Joe Henry and Richard Wilton appeared before the Board to inform. them of the Harvest Festival to be. held in Riverhead and Southold Towns on .Octob.er, 10,. 11 , 12 . They estimate there will be approximately . 50, 000 coming into Town for this festival . At this time they are merely asking the Board for assistance in providing additional police for traffic control and assistance from the Highway Department for fencing,, etc . The Chamber would like the 'Town Board to sesignate a l 'ason person , 2 :40 P.M. - The Board resumed reviewing the agenda.. A�.regular meeting of the. Southold Town Board was held on. Tuesday, July 8, 1980 at the Southold. Town Hall, Main .Road, Southold, New . York. Supervi.s.or Pell opened the meeting at 7 :30 P.,M'.. with, the Pledge of Allegiance to the. Flag. Present : Supervisor William R, Pell I'II' Councilman Henry. W. Drum Councilman John J. Nickles Councilman Lawrence Murdock., Jr.. Councilman George R. Sulli_yan. Town Clerk Judi.th. T. Terry- Town Attorney Robert W. Taskex. Absent : Justice Francis T. Doyen On motion of Councilman Drum, seconded by Councilman Nickles, it was. RESOLVED that the minutes, of the June 26, 1980 .South:old Town B.oar,d meeting be and hereby are approved as submitted. 'Dote of the Town Board; Ayes Councilman Sullivan, Councilman Murdock., Councilman Ni.ckles:, : Councilman Drum, Supervisor Pell . This resolution was, declared 'duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum,, it was RESOLVED that the following audited bills be and hereby are approved for payment : General Fund Whole Town bills in the amount. of $59, 263 .63; General Fund Part Town bills in the amount of $15., 566 .54; Highway Department bills in the amount of $47, 925 . 91; Fishers Island Ferry District bills in the amount of $35, 779. 07 . Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervi:.sor Pell. This resolution was declared duly adopted, On motion of Councilman Drum, seconded by Councilman Sullivan., it was. RESOLVED that the next regular meeting of the Southold Town Board JULY 8, 1980 1_ 'Z will be held at 3 : 00 P.M. , Tuesday, July 22, 1980 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. REPORTS SUPERVISOR PELL: These reports will be on file, if anybody cares to read them, in the Town Clerk' s Office. I will go over the reports at this time . 1 . Emergency Medical Services meeting held in Southold Town Hall on April 30th. This is a county committee . 2 . Town Clerk 's report (June 1980) . 3 . Report from Cablevision (June 1980) on the service in our Town . 4 . Monthly budget report for the Supervisor on the finances of the Town. (June 1980) 5 . Fishers Island budget report from .the Ferry District (June 1980) . 6. Superintendent Dean 's Highway Committee report for the month, Department report (June 1980) . 7. Police Department monthly report (June 1980) . 8 . Building . Inspector ' s report for the month of June. 9. Mattituck Inlet Advisory Committee report (,June 19, 1980) . 10. Bay Constable 's monthly report (June 1980) . 11 . Assessor =s monthly report (June 1980) . We have a report to be made from the Taxation and Finance Committee who is .chaired by George Sullivan . COUNCILMAN SULLIVAN: At the last meeting I noted that the Taxation and Finance Committee had met and we reviewed at length the insurance policies of the Town. This was on June 25, 1980. In attendance was myself as Chairman, Councilman Murdock, Robert McCarthy of Roy H. Reeve Agency, Inc. and William Price of the McMann-Price Agency. We reviewed the Town 's policies and at that time we made three spedafi.c recommendations- which I-111 read to you. We are going to meet again later on to see if we can save the Town money on our insurance policies . The three recommendations that came out of that particular meeting were as follows,: That the Supervisor contact the State Insurance Fund to request additional coverage under the United States Long- Shoreman "s and Harbor Workers Compensation Act as well as secure the aid of a --prevention unit for instructional pruposes . Additional funds should be 'contacted to endeavor to secure additional credit such as- guaranteed retroactive rating plan or a safety group of municipalities . For those of you who don"t know- the State Insurance Fund carries our workman's compensation insurance and we may be able to save money by what T just mentioned above. The four Town vehicles located on Fi.sh.ers Island are subject to .a 507o discount on auto insurance. T've instructed the Superintendent of Highways and noti.f .ed the McMann-Price Agency to effect this, discount . Th.e, third, which. i.s s,omethi:ng that we have to .look to towards the end of the year j,s our budgeting, our. .Town Hall sprinkler, system should be rectified in order to eff:e.ct lower permiums on fire insurance. Again, no one- 'has- really seen. my report until today so. this is something the Board has to look at . We are now- receiving the benefit of a good rate but our rates will go up if the sprinkler system is not changed.. These are our immediate recommendations out of th.e. review, of the 'insurance policies . Again we will take another look. at them latex thi:s.- month.. That concludes, my report . SUPERVISOR PELL: Thank you. I would like to have Councilman Nickles commend on the Beaches and Parks Committee which he chairs because we just got through a very busy week end. COUNCILMAN NICKLES : Thank you, Bill . On July 4th the Beach Committee inspected the beaches to see how they were going. We anticipated a lot of activity on the account of the beautiful weather that we had and unfortunately what we found was a lot of vandalism at our beaches. The swimming ropes were detached from their moorings, life guard stands overturned, even. a LILCO light meter was stolen from McCabe ' s Beach rest station. . Signs that we had posted were burned up, Th.i:s is keeping our. Highway .Super%ntendent busy and of course the Police Department Along .t.hos'e. lin.e.s -the Parks and Beach. Committee has just received, today, a proposed beach ordinance which they will be investigating and reporting back. to the Board for their next meeting. SUPERVISOR PELL: Thank you. I would like to report on a meeting 1,'9'('!,_ ,DULY 2_$ 1980 that was held here in Town Hall yesterday . We had the senior citizen presidents in here, all three groups of Southold Town. A representative from Hauppauge was down, from the Office of the Aging. This fall there is going to be a White House . conference for senior citizens and what they are asking each town to do is hold a public forum in their town to see what the needs are of the senior citizens . Then this will be transmitted to the country, then the State and somebody from our state will be invited down to Washington, D.C. This will be done in September, late, early October . The three s-e-nior citizen groups are discussing it among themselves and then the Town Board will hold one here publicly for anyone else who might not belong to one of the senior - ci.ti.zen groups that would like to have input into. this . This i.s something in the future coming up. Move on to section II in the agenda. Public Notices, and - Councilman Nickles will read them. PUBLIC NOTICES; COUNCILMAN NICKLES; 1. The application of William Pollert before the Department of Environmental Conservation. - Thin enta%ls. an. applcat.i,on to. construct a 50 by 5 f t . catwalk., 10 .,ft . ramp, 20 .b.y. 6 f.loatng dock. The catwalk i.s- to. beat least. 3 ft , over grade of marsh.. This occurs on. Jockey Creek and th.e 'reply date if you want. to submit any comments, July 16th.. All of these notices, by the way, will- be in the Town Clerk's Office with. th.e addresses and .so. .fo.r.th... 2 . Public hearing July- 22nd at 3 :40 P.M. in the Town Hall on the applicat _on 'of. Mary-LePeter to construct a catwalk and floating dock at Deep Hole Creek., 3 . Public hearing July 22nd at 3 :45 P.M. , Town Hall,. on Local Law to amend the Traffic Ordinance . 4 , Again the DEC, notice of appl.i.cat on. for permi.t .tQ discharge application by John F. MulhRll, Vice President, Long Island Oyster Farms, East Marion. The reply date. on .this, is August 11, 1980, New Yor.k. State Department of Environmentai Conservation. SUPERVISOR PELL: Thank. you. As john says, these will be, on file in the Town Clerk' s Off ice if anybody: cares to .Look. into. .th.em further . COMMUNICATIONS : SUPERVISOR PELL: 1 . We started off th.e week with a very samll numberof .people writing in to call for a Constitutional Convention for the Human Life . Today we 'have several letters pres:eAted to. the, .Town Board. Today, in today"s mail, some came in by hand. T. d::d .not list them. The very last count I have was- about 50 pieces of mail on .this.. T.oday 'I had too many- to list , I did not., count them., 2. Communication from the: 'Fire Ch.iei's of Southold Town. recommending Robert Geehr _ng to slit on the Emergency Medical group council representing S'outh.old Town . . Th :s is: a r.ecomme.n.datipn., to the Town ..Board The Town i.s, not ready .to .act. upon. i.t .toni:ght ., 3 . Request from th-e Orient Fire Department to buy some radios from the Southold Town P.D. which will be available.. The- Town Board has instructed me to contact all the -fire departments in Southold Town to s-ee what they would need. I have contacted five, I have still two more to contact to see what each. departmen.t needs and how we can split them up . 4 . A letter from the Greenport School requesting that the money they get for summer program would be allowed to be used in the winter time. That will appear again under resolutions,, 5. A letter addressed to-��:the.i_Town Board: Th.e. Town Board read it today and belive it belongs to the Planning Board and we will send the letter to the Planning Board about a subdivision (Letter from Pachman, Oshrin & Block, P.C. re: Paradise-by-the- Bay Subdiv sd on) . 6. Letter from Fish.ers- Island about the police vehicle/ they have on the Island. They say it is down and needs- repair. We will be 'sendi.ng one of our repair men over there to evaluate. it . We have two state policemen on the Island this time of year and our constables have th.e state .police there to assist .them .s.o they are going to look- into it and see. what .they want. to. do. 7. Fishers Island also requests that. one of their creeks would be dredged out . This will be turned over to Inland Waterways Committee and Justice Doyen from Fishers Island. (Goose Island Channel) . On August 13th we do expect the Town Board to be on the JULY 8, 1980 19191 Island to hold a meeting there and at that time we will go and look at the proposed creek that they would like to have dredged out . 8 . Regyest for a group that-, would like to use the Senior Citizen/Youth building on Peconic Lane (North Fork Duplicate Bridge Club) . The letter will be placed on file. We have many requests for use of that when we get into the building. 9 . A letter from Herbert R. Mandel with 99 signatures on it pertaining to the situation at .oull Pond bulkhead which is on the agenda later on. 10. Resident from Horton ' s Beach, Horton ' s Point writing to the Town Board about the area up there, the parking, the debris, the conditions of, the. steps. This has been turned over to the Chief of Police and Mr. Dean to see what can be done iip in that area. (letter from Don Acuri . ) 11 . Letter from the League of Women Voters pertaining to New York State Coastal Zone Management effort which is in committee. It did not get out of committee thi- year. The Board iw working, studying this . We have Mr. frank Bear who gave us additional information on,:it and we will continue to monitor it as it comes out of committee to see how it will affect our Town. 12 . The letter from our county executive. It seems all, t'hd. ten:..towns wrote in and asked the County to share in the sales tax, the 7% sales tax, to see if they wouldn ' t give part of it back to the towns . We are all trying to tighten up our belts and:----find out how we can survive with inflation. The county exec wrote back and explained if he were deluged for money that they gain from sales tax the county would have to cut many of its services. 13 . Letter from East Hampton Town Councilwoman (Mary Ella Richard) telling us what they plan to do on the LILCO rate increase and how they are going about it . Your Town Board did send a resolution in protesting against the rate increase. I think it is 17 . 9% next year . 14 . Letter from Mr. (Patrick F. ) Gorman and he is requesting that he be consider-d for tax relief because his home that he has, lives in, the water htat he gets from the ground is not fit to drink because of the Temik. The Town Board has received this and it is one of these things you really have to sit on and consider but in the meantime we will be asking our Assessors how they feel about this and will make some sort of reply to him. This is a letter we knew we were going to get in time and it finally came from him, Mr. Gorman . 15 . Request for street light (Donald A. Acuri) . It will be turned over to the Street Light Committee . HEARINGS & DECISIONS SUPERVISOR PELL: We had a hearing on the Unsafe Builddng Code . The Town Board at this time is not ready to act upon this hearing. The reason why. The hearing was held May 20th. Somebody wants to xplain why? COUNCILMAN NICKLES : While the Town Board was working on an Unsafe Building Law, an offshoot of our study of the Fire Code, Senator LaValle was one of the co-sponsors of an amendment to the state law which is basically enabling legislation and what he has done is put forth an amendment to make it easier or make the law less unwieldly. We find now that this law has been signed by the governor and the law that we have drafter is not in accordance with the state law; which is all right . The Town Board wanted 'a chance to reevaluate their position as to whether we would continue with our existing law or ask for another hearing which we would have to do if we want to adjust it in conformance with. the newamnedmerits .to the statelaw. Consequently we are not acting on it this- evening and the basic difference is that in. the,. event if we go through the process with an unsafe building you have to get an architect and engineer, someone of that nature to go down and inspect the building and then you have to go to Supreme Court where it is adjudicated. The amendments that the senate and the assembly have passed and the governor has signed will not eliminate the court process and the adjudication of it , so to speak, would occur on the Town Board level . This is where we 're at and why the Town Board is not passing this law tonight or voting aginst it or for it . We are reevaluating it, which way we want to go . Do we want to keep our law as we 've written it or adjust it to the new amendment to the state enabling legistlation. on 0 JULY 8 , 1980 SUPERVISOR PELL: Thank you. Number two, I ' ll ask Councilman Drum to give you a little bit of the background. It is the- Fire Code of Southold Town and I will ask Councilman Drum to explain it to you. COUNCILMAN DRUM: I an sure the majority of you are aware that for the past eight years the Town has been consider'ing. and discussed a fire code and in this past year we have concentrated and discussed it with the various fire departments. Only recently we completed our visit to all of the fire departments from Mattituck, Cutchogue, Southold, East Marion, Orient and Fishers Island and Greenport , excuse me, Bill . It has been explained to veryone and I feel now we did have the hearing as you know on the 26th of June and I would like to offer the resolution that we accept the fire code . Moved by Councilman DRum, seconded by Councilman Murdock, WHEREAS, proposed Local Law No . 3 - 1980 was introduced at a meeting of this Board held on the 10th day of June, 1980, and WHEREAS, a public hearing was held thereon by the Board on the 26th day of June, 1980, at which time all interested .persons were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED that Local Law No . 3 - 1980 be enacted as follows: LOCAL LAW NO. 3 - 1980 A local law providing for the enactment of a Fire Prevention Code for the Town of Southold. BE IT ENACTED by the Town Board of the Town of Southold as follows : The code of the Town of Southold -is hereby amended by adding a new Chapter thereto, to be Chapter 45, to read as follows : 1 ' JU LOCAL LAW NO.' ,? - 1980 J. A local law providing for the;enactment of a Fire ` "Prevention .Code for the Tow of Southold. v. BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by.adding anew Chapter thereto,,.to be Chapter 45,,to read as follows: ARTICLE I General Provisions Sec. 45-100 TITLE This chapter shall be known and may be cited as the Southold Town Fire Prevention Code", hereinafter referred to as this Code or the Code. 545-101 . PURPOSE The purpose of this Code is to establish reasonable rules and regula- tions to.safeguard life and property from the hazards of fire, explosion, or release of toxic:gases arising from the storage, handling, or use of hazardous substances, materials or devices. . §45-102 APPLICABILITY This Code shall apply to a-Property; b-Materials; and c-_Fire Safety Practice 20- 3 545-103 MAINTENANCE Property and materials subject to this Code shall be maintained in a safe condition, in conformity with the provisions of this Code. §45-104 DANOEROUS OR UNSAFE BUILDINGS OR-STRUCTURES (1) A building or structure which is in imminent danger to life and. safety as a result of a fire or explosion shall be made safe and secure or demolished and removed by the owner thereof. (2)____The occupants of any such building or structure shall vacate the premises forthwith. No person shall use or occupy such building or structure until it is made safe and secure. (3) 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. . .. §45-105 GENERALLY ACCEPTED STANDARDS The applicable provisions of the generally accepted standards listed in Article VI hereof shall constitute the standards for safe or appropriate practice which is required by the provisions of this Code`to which-they are referenced. §45-106 SEVERABILITY If a term, part, provision, section, subdivision, or paragraph of this Code shall be adjudged unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of the terms, parts, provisions, sections, subdivisions, or paragraphs. 545-107 DEFINITIONS appropriate. Especially suitable or compatible under conditions of use. building. A' structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, or property. See definition of structure. combustible. Material or combination of materials which is not non- combustible. See definition of noncombustible. corridor. Passageway or hallway which provides a.common way of travel to an exit or to another passageway leading to. an exit. exit. That portion of the way of departure from the interior of a building; or structure to the exterior at street, or grade level accessible to a street, consisting of: -2-. JUL203 ' t . a=corrlddrs, ' stairways and lobbies enclosed in construction having a fire-resistance rating, including the door opening thereto from a habitable,"`public or occupied space; or b-an.interior stairway; or c-a horizontal exit; or d-a door to the exterior at grade; or e-an exterior stairway, or ramp. fire alarm system.- An installation of equipment for sounding a fire alarm.. . fire load. The. combustible contents within. a building during normal use. fire protection equipment. Apparatus, assemblies or systems either portable..or fixed, ,for use to prevent, detect, control or extinguish fire. E fire- and smoke-detecting system. An installation of equipment which = automatically actuates a fire alarm when the detecting element is ex- posed to fire, smoke•or.abnormal rise.in temperature. flammable. Capable.of igniting within 5 seconds when exposed to flame, and continuing to.burn.. generally accepted standard. A specification, code, rule, guide or procedure in the field.of-fire prevention or related thereto, recognized and accepted as authoritative. means of egress. An exit. noncombustible. Material or combination of materials which will not ignite, .support combustion, or liberate flammable gas when subjected . to fire when tested in accordance with generally accepted standards. . .premises. A lot, plot or parcel of land including the buildings or structures thereon. Shaft. .A vertical opening or enclosed space extending through two or more floors-of a building or through a floor and roof. smoke-detectors. Devices which are activated by smoke or products of combustion. sprinkler system. A system of piping and appurtenances designed and installed so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread. standpipe system. An 'installation of piping and appurtenances, whereby all parts of a building can be quickly reached with an effective stream of water. -3- JUL structure. An assembly of materials forming a construction framed of component structural parts for occupancy or use including buildings. volatile. Capable of emitting flammable vapor at a temperature below 750 Fahrenheit (23. 9 0 Celsius). ARTICLE II Property. . §45-200 PROPERTY CLASSIFICATION (I-)—The.provisions of this section shall establish and control the classif.", cation of property with respect to u.se,. including mixed occupancy. (2) Property to which this Code is applicable shall be classified with respect to occupancy or use. The classification shall be in accordance with the following groups: Group.Al PREMISES OF ONE AND TWO FAMILY DWELLINGS Group-A2 = PREMISES OF MOBILE HOMES AND PARKS Group A3 PREMISES OF RECREATIONAL VEHICLES AND PARK Group BI MULTIPLE DWELLINGS Buildings containing one or two dwelling units with more than four lodgers residing with a family in either one of such dwelling units; Building containing three or more dwelling units; :Apartment houses and apartment hotels; Hotels; Lodging houses; Building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, frater- nity or sorority house, or for similar uses; Garden apartments; Motels. Group B2 MULTIPLE DWELLINGS Old age and nursing homes.other than group B3 occupancy. Group B3 MULTIPLE DWELLINGS Buildings for senior citizens, intended primarily for persons 62 years old or more, who are in good physical condition and do not require physical assistance. Group C1 BUSINESS Buildings in which the primary or intended,occupancy or use is the transaction of administrative, business, civic or professional service. -4- -20 : . jut Q . E°This group includes but is not limited to the following:. Administration buildings Banks Clinics _ Libraries Offices and office buildings Professional buildings Group C2 MERCANTILE Buildings in which the primary or intended occupancy or use is the display..and sale .of public goods, wares, and merchandise. This group includes but is not limited to the following: Display rooms Markets and supermarkets Sales rooms and show rooms Stores and shops Group C3A - INDUSTRIAL Buildings which may be frequented by the public in which the primary or intended occupancy or use is repairing, cleaning, laundering, baking and similar operations. This group includes but is-not limited to the following: Bakeries Dry cleaning plants L aundrie s - Motor vehicle repair shops Motor vehicle service stations Group C3B - INDUSTRIAL Buildings in which hazardous materials are manufactured, processed, stored; handled or used. Such material shall include products with the following characteristics: Burn with extreme rapidity; Produce dust subject to explosion or spontaneous combustion; Produce poisonous fumes .or gases; or Explode Group C4 - STORAGE Buildings which may be frequented by the public in which the primary or intended occupancy or use is the storage of goods, merchandise, products and vehicles. -5- *55 " ry JUL 8 . 80 < < This group includes but is not limited to the following:. • : .Aircraft hangars Cold storage Fur storage . Furniture warehouse Lumber yards Open parking structures Passenger vehicle and truck storage Stables Truck terminals Group,C5 ASSEMBLY , Buildings in which the primary or intended occupancy or use -- is the assembly for amusement, athletic, dining, educationa?ti entertainment; recreational, religious, social, sports, and similar purposes. . This group includes but.is not limited to the following. Airports and heliports Amusement parks Armories .rt..... Art.galleries Assembly halls Auditoriums Bowling alleys Churches, synagogues and similar places or worship Club rooms Coliseums and stadiums Dance halls - Discotheques Exhibition halls Grandstands Gymnasiums Indoor tennis courts with seating for spectators Lecture halls Lodge rooms Marine public transportation facilities Museums Night clubs Railroad and bus stations Recreation centers Restaurants Schools, colleges and simalar places of education Skating rinks Theaters Group C6 - INSTITUTIONAL Buildings in which the primary or intended use is for per- sons domiciled or detained under supervision. -6- This group includes but is not Jimited to the following: Child care institutions and centers Detention.homes Hospitals and health care facilities Houses of correction ,.. - -Infirmaries Jails Mental hospitals Penitentiaries Prisons' Reformatories :,-Sanitariums .. Group C7 = MISCELLANEOUS ' Property in which theprimary or intended occupancy or use is not included.in the groups listed above. . This group includes but is not limited to the following; Cooling towers Dockside vessels serving as buildings Free:=standing chimneys., r : .Junk yards Marinas and boatyards . Outdoor general storage Piers and wharves - Temporary buildings Tents and air-supported structures. Wrecking yards §45-•201 FIRE DEPARTMENT AND. EMERGENCY SERVICE ACCESS A. General Requirements Buildings, structures and property shall be provided with unobstructed access for fire. fighting and emergency service personnel, apparatus and equipment..' B. Accessibility (1) Premises which are.not readily accessible from public roads and which the fire department or an emergency service may be called upon to protect in case of fire, shall be provided with access roads or fire lanes so that all buildings on the premises are accessible to the fire department and emer- gency service apparatus. (2) Access roads and fire lands shall be adequately maintained and kept free and clear of obstructions at all times. §45-202 MEANS OF EGRESS A.' General Requirements Property subject to the applicability of this Code shall be provided with safe means of egress. - -7- a : r 2 jU 8 �90 B. Obstructions , (1) Exits shall be maintained to provide free and unobstructed egress from all parts ;of the building or structure when it is occupied. No barrier, lock or fastening to prevent-free escape from any building or .structure shall be installed except in institutions where supervisory personnel are constantly on duty and effective provisions are made to remove occupants in case of fire or other emergency. (2) Materials shall not be placed, stored, or kept in stairways or corrido so as to obstruct or interfere with egress of persons from the building or structure. (3) No aisle or passageway shall be obstructed so as to reduce its required width as an exit. C. Exit-Lighting and Exit Signs for Other than Group A OccupancyClassific.;: (1) 'Interior and exterior exits shall be adequately lighted at all times when a building or structure is occupied. (2) Exist signs'shall.be maintained in a clean and legible condition unobstruct- ed by decorations, furnishings or equipment and illuminated at all times when the building or 'structure is occupied. (3) Directional signs:shall be provided at locations in the public hall, passage- way or corridor from which the exit doorway is not readily discernable. D. Elevator Warning Signs In buildings provided with elevators, warning signs shall be provided and located at elevator landings advising occupants to use stairways during a fire emergency. E. Openings in Fire Walls and Fire Separations Doors and opening protectives in fire walls and fire separations shall be maintained in good working order including all hardware necessary for proper operation. Heat actuated self-closing devices shall be prohibited for exit doors. The use of door stops, wedges, or other non-automatic hold-open devices is prohibited for openings in fire walls and fire separations. F. Exterior Egress (1) Exterior stairways, balconies, fire escapes or ladders shall be free of obstructions. ' = (2) Fire escapes_ shall be maintained free' of rust. Exterior stairways, 'fire escapes and access to open space shall be maintained free of ice and snow. (3 ) Portable ladders or window escape ladders shall not be permitted for use as a required exterior means of egress.. §45-20 3 EQUIPMENT AND SYSTEMS A. General Requirements (1) Heating, electrical, ventilating, air conditioning, refrigerating, fire protection, elevators, escalators or other equipment and systems for use. in structures and buildings shall be maintained so that under normal con- citions of use such equipment and systems will not be a potential. danger to the safety of occupants or a source of ignition. -8- Jug, N cr , (2) Equipment and systems shall be capable of performing their functions satisfactorily without being forced to operate beyond their safe capacity. B. Fuel Gas S _ . . . :.: ystems ;. .. (1) .Fuel.gas piping systems shall be maintained gastight,' safe, and oper- ative under conditions of use: (2) ,Gas piping systems shall have at least one accessible manual valve for shutting off all gas supply. (3) An easily. accessible shutoff valve, or cock, shall be provided in the piping in close proximity to, and ahead of every gas appliance, or outlet, for..a gas.connection. (4)' Spaces in which gas meters are located shall be maintained accessible, ventilated and.dry. (5) Connections to the fuel gas piping systems shall be made so as to pre- vent gas leaks. , Q. Liquefied Petroleum. Gas Containers and Tanks (1) Liquefied petroleum gas in liquid form shall not be stored in buildings in..containers exceeding, one pound (0. 45 Kilogram) water capacity Maximum storage in any building shall not exceed two pounds. (0. 91 Kilogram) water capacity, except,where_ displayed for sale, in which case maximum storage shall not- exceed ten pounds (4. 5.0..Kilograms) water capacity. (2) Liquefied petroleum gas shall not be vaporized by devices utilizing open flame or open electrical coil, except.in buildings used exclusively for the manufacture or distribution of gas. (3) Where two or more containers are installed, connection shall be arranged so that containers can be replaced without shutting off the flow of gas to equipment. (4) Containers shall be protected against physical damage, and. located_ so as not be be a hazard to the premises served. Containers shall rest on noncombustible supports. (5) Liquefied petroleum gases shall be odorized, so that the presence. of gas will be recognizable by a distinctive odor. (6) Safety devices shall be. provided to relieve excessive .pressure to the outer air, at a safe distance from building openings. (7) Systems supplied from containers not exceeding 125 gallons (473 liters) of water capacity shall have at least one accessible valve for shutting off the. gas. Such valve:shall be located outside the building. (8) Systems.supplied from containers exceeding 125 gallons (473 liters) of water capacity shall have at least two accessible valves for shutting off the main gas supply. (9) Gas service entrance shall be above ground, and shall be protected from damage by settlement.or corrosion. Exposed exterior wall openings located below and within 3 feet (0. 91 meter) horizontal distance of gas service entrance shall be made gastight. (10) Loose or piled combustible material and weeds and long dry grass shall not be permitted within 10 feet (3. 10 meters) of any container. . (11) Suitable means shall be used to prevent the accumulation or flow of flammable liquids under adjacent liquefied petroleum gas containers such as by dikes, diversons curbs or grading. 79 a - - D. Fuel Oil Systems (1). General Requirements Fuel oil shall be stored and conveyed by means of fixed liquid-tight equipment. (2) Storage Tanks a. Storage tanks above ground shall rest on supports that are maintained in a structurally sound condition. b. ' Storage tanks located in areas'subject to traffic shall be protected against vehicle damage. c. Storage tanks inside buildings shall not be in a damaged or leaking condition. (3)---Piping a. Means for shutting off fuel oil flow shall be accessible and maintained <in safe operating condition. b. Filling, emptying'and venting of tanks. shall be by means of fixed piping. (4) Oil Burning Equipment c i There' shall be no obstructions to oil burning equipment for the purpose of cleaning heating surfaces, removing burners,' replacing motors, controls, air filters, draft regulators 'and other working parts and for. adjusting, cleaning and lubricating parts requiring such attention.. E. Prohibited Fuel Gasoline shall be prohibited as fuel for heating and cooking, except for camping and outdoor use. F. Heating Systems (1) General Requirements a. Heating equipment for buildings and structures shall be maintained so as to be safe to persons and property. ' b. .Use of any stove, oven, furnace, incinerator, boiler or any other heat producing device or appliance found to'be defective or which creates an immediate fire hazard or imperils occupants shall be prohibited. (2) . Prohibited Locations for Heat Producing Equipment a. Fuel-burning heat producting equipment shall not be located in exits. b. Heating equipment burning solid or liquid.fuel shall not be located in spaces used as classrooms, dormitories or places of assembly. (3) Air Supply Spaces containing fuel-burning equipment shall be provided with air supply for combustion and for ventilation of the enclosure. (4) Safety Devices Safety devices on heat producting equipment and pressure vessels shall not be rendered inoperable and shall be maintained in safe operating condition. G. Chimneys, Flues and Gas Vents (1) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be maintained so as not to create a fire hazard. -10- Q1�Q 211 h (2) Masonry`shimneys which are cracked and which permit smoke or gases to be-discharged into the building, 'shall be made safe.. (3) 'Metal chimney or'vent connectors which leak or are improperty supported shall be'repaired or'replaced. (4) An incinerator or a chimney which emits sparks shall be provided with a spark arrester of noncombustible construction. Spark arresters shall have sufficient total clear area to permit unrestricted passage of flue gases. Openings in spark arresters shall be of such size so as to prevent passage of embers and to minimize clogging by soot. ': H. Incinerators. and Compactors (1) Service openings for incinerators and compactors shall be in a safe . and operable condition to prevent the passage of smoke, flame or gases into the building'space. (2) Incinerator and compactor rooms shall be secured to prevent tampering by unauthorized persons. (3) Incinerator ash compartments shall be maintained clean. (4) Discharge of lighted, highly.flammable, highly combustible or explosive materials into incinerator, or compactor chutes is prohibited. (5) Durable signs, with plainly legible letters, shall be conspicuously posted at service openings of incinerators and compactors stating: =THROWING LIGHTED MATCHES, CIGARS OR CIGARETTES, CARPET SWEEPINGS, NAPTHALENE, CAMPHOR BALLS OR FLAKES, FLOOR SCRAPINGS, OIL SOAKED RAGS, PAINT CANS, AEROSOL CONTAINERS OR ANY OTHER HIGHLY FLAMMABLE OR HIGHLY. COMBUSTIBLE OR EXPLOSIVE SUBSTANCE INTO INCINERATOR OR COMPACTOR CHUTES IS UNLAWFUL AND SUBJECTS THE OFFENDER TO A PENALTY. I. Electrical Systems (1) Electrical wiring and equipment shall not be a fire hazard or a source of ignition for combustible or hazardous substances, materials or devices. (2) Electrical wiring and equipment shall be maintained so as to be firmly secured to the surface on which it is mounted. (3) Overcurrent protection devices shall,be maintained in safe operating condition, shall not be locked or fastened,in the "on" position and shall . be accessible. (4) Grounding of electrical wiring and equipment shall be maintained to provide protection against hazard. (5) Flexible cord shall not be run through holes in walls, ceilings or floors; or run through doorways, windows or similar openings; or attached to building surfaces; or concealed behind building walls or above ceilings or under floors or floor coverings. (f) Wiring systems shall be deemed to be a fire hazard under the following conditions a. A switch or receptacle face plate feels unusually warm or there is a burning odor in their immediate vicinity; .or b. There is a flickering of lights which is not :traceable to appliances or obvious external causes. J. Commercial Cooking Equipment (1) Exhaust systems provided for commercial cooking equipment shall be maintained in safe operating condition. -11- 2 _Jut (2) Hoods,_, grease removal devices, fans, ducts and other devices shall: be maintained .clean and free of grease and deposits'of;residues. (3) Fixed fire extinguishing systems for, range hoods including component parts shall be maintained in proper operating condition. . Manufacturer's instructions for manually operating the system shall be posted conspicuously in the kitchen. (4) Fire dampers shall be maintained so as to be operable. K. Fire Protection Equipment (1) Water Supply a. Water service for .sprinkler, standpipe, and yard hydrant systems shall provide at all times a supply of water in sufficient volume for such systems to function satisfactorily. b. -Water supply tanks shall be maintained watertight, ,verminproof, rodent proof, resistant.to corrosion and protected against freezinb. c. Tanks and their supports shall not be used to support equipment or structures,other than for, tank,use,. except where. specially designed for such other,use. -d: . Means for emptying water supply tanks shall be maintained in proper working., condition. e. Water supply tanks for standpipe and sprinkler systems.shall be maintained to furnish water in sufficient quantity and pressure for such systems.. % f. Fire department connections shall be conspicuously identified, main- tained readily accessible for fire department use and adapted to fit the equipment of the fire.department. (2) Sprinkler Systems a. Sprinkler systems shall be maintained in operative.,condition, free from mechanical injury, structural failure, water failure, or obstructia-6. Sprinklers -shall be maintained clear and free from corrosion, `paint, wh-: wash and other coatings which impair their operation. b.. Valves.controlling water supply to sprinklers shall be secured in the open position. c. Supports for piping and equipment-shall be structurally sound. c. Portions of the system subject to freezing shall.be .appropriately pro- tected. e. Storage of materials shall not interfere with the effective discharge of water from the sprinklers. f. Connections to sprinkler systems for other than fire protection shall be prohibited. (3) Standpipe Systems a. Valves shall be maintained tight against leaks. b. Hose shall be properly stored, ready for operation, dry, and free of deterioration. c. Hose stations shall be conspicuously identified, located for easy accessibility, and installed to provide for the quick and easy use of equipment. Hose station cabinets shall have keyless doors. d. Valves in the water supply pipe for the standpipe system other than hose station valves shall.be open at all times. (4) Yard Hydrant Systems a. Yard hydrant systems shall provide an ample supply of water to hydrants. b. Connection to fire hydrants for other than fire protection purposes shall be prohibited unless authorized by the authority having jurisdiction.. c. Outside hose shall be stored to be readily accessible and protected from the weather. -12- Jug , s::ssa -213. (5) Portable Fire Extinguishers a._ ,�1.Portable.fire extinguishers shall be appropriate as.to type, size and locatio1 . n, shJa11 be in their designated location and clearly visible except that they may be located in an enclosure or recess conspicuously identi- fied as containing a fire extinguisher. b. .Portable fire extinguishers shall.be maintained in operating con- dition. (6) Fire'Alarm Systems a. Fire alarm systems shall be maintained in operating condition. b. . Fire alarm boxes shall not be obstructed and shall be in. full view at all times c. Manufacturer's instructions for use of fire alarm boxes shall be con- spicuously posted in the immediate vicinity. of each alarm box. d. Unless directly connected to a central station alarm service, municipal— alarm system or local manned fire alarm dispatch station, a clearly legible sign shall be posted above each box stating: "LOCAL ALARM ONLY - NOT CONNECTED TO FIRE DEPARTMENT. - CALL FIRE DEPARTMENT BY .TELEPHONE. " (7) Fire and.Smoke Detectors Fire detectors, smoke detectors, ionization detectors, flame detectors and heat detectors shall be maintained in operating condition. (8). Foam and Chemical Fire Extinguishing'Systems Foam and chemical fire extinguishing, systems shall be appropriate for their intended.use and shall be maintained in safe operating condition. L., Elevator Equipment (1) Elevator hoistways and pits shall be maintained free of rubbish or other debris. . . (2) Elevator machine rooms shall be maintained free of oil and grease, including oily and greasy.clothes, rags, and other combustible materials, and shall not be used for storage of articles or materials.,unneccessary for maintenance of equipment. Flammable liquids shall not be kept in machine rooms. M. Hostways and Shafts Exterior access openings to above-grade hoistways and shafts shall be clearly and permanently marked to indicate.that such access opens on a hoistway or shaft. N. Combustible. Cooling Towers Access to combustible cooling towers shall not be obstructed for fire fighting. O. Swimming Pools (1) Swimming pool disinfection and auxiliary equipment using materials capable.of giving off irritating,toxic, or flammable fumes, shall .be maintained in safe operating condition. Such materials shall be stored in a dry, ventilated area. (2) Buildings or rooms used for storage of chlorine gas shall be labelled with a clearly legible and conspicuous sign stating: "DANGER-NO-SMOKING - CHLORINE GAS STORAGE. " -13- y , JUL 1 P. Sewage. and Storm Drainage 'Volatile, flammable liquids and substances Which will,produce explosive mixtures shall not be discharged into sewage and storm drainage systems, Q. Commercial Ovens Controls for.ventilation, fuel, temperature and conveyors shall be main- tained in safe operating condition. §45-204 SPECIAL PROPERTY USES OR CONDITIONS A. General Requirements (1)----This section provides regulations for public safety from the hazards of fire which may result from special property uses or conditions. (2) These regulations apply in addition to other applicable regulations of this Article. B. Places of Assembly -- (1) ..The maximum number of occupants permitted within places of assembly shall be established by the authority having jurisdiction and shall be con- spicuously posted in each such space, and shall not be exceeded. (2) No decorative material shall be used which, as applied, will ignite and allow flame to spread over the surface or will allow burning particles to drop. (3) Screens for projection of pictures shall be of noncombustible materials or materials treated to be fire resistant. (4) •No apparatus in which combustible or flammable fluid is. used in the preparation of foods, refreshments or other materials shall be permitt< in a lobby, foyer or auditorium of a place of assembly. C. Service Stations and Garages (1) Storage and Handling of Motor Vehicle Fuel a. Motor vehicle fuel storage shall not be permitted within a service station or garage containing a pit, basement or depressed area, unless adequate ventilation is provided to prevent the accumulation of flammable vapors. b. Handling of motor' vehicle fuel in open containers is prohibited. c. Portable containers for motor vehicle fuel shall be made of metal a suitable unbreakable material. Such containers shall have a spring or screw type cover with a spout or other design to prevent spilling when poured. (2) Dispensing of Motor Vehicle Fuel a. Dispensers shall be maintained to prevent leakage or accidental dis- charge. b. Remote master control devices, to shut off all pumps in the event of an emergency, shall be accessible and properly identified as pump shut- off controls. c. Dispenser hoses shall be of a type with automatic self-closing" nozzl d. Impact valves,. which close automatically in the event of fire or severe impact, shall be maintained in safe operating condition. e.. 'Fuel shall not be dispensed unless the motors of vehicles receiving fuel are shut off. -14- 215 80. . .. , f. smoking shall be prohibited in areas where motor vehicles are fueled or prviced.. g. 'orfable" lire extinguishers of an appropriate type shall be provided at service stations and garages dispensing motor vehicle fuel. - D. Abandonment or Removal of Underground Tanks (1) Underground tanks rendered out of service shall be made safe by capping the fill line, gage .opening and pump suction, and securing against tampering:. (2) Underground.tanks .abandoned in place shall be made safe by removing flammable or combustible liquid from the tank and connecting lines, dis- connecting the suction inlet, gage, and vent lines, filling the tank completely with an.inert, solid material, and capping the,.remaining ..underground piping- (3) .Underground tanks removed from their location shall be made safe by removing flammable or combustible.liquids from the tank and connecting lines, disconnecting the suction, inlet, gage, and vent lines, .removing sections of connecting lines not to be used further, and capping or plugging inlets, outlets,Wand leaks, if any.' (4) Underground tanks disposed of as junk shall be rendered free of hazardous vapors (5) Underground tanks which has been removed shall not be reinstalled until the tank has been appropriately cleaned, repaired if necessary, tested and made corrosion resistant. E.' Dry Cleaning Plants (1) General Requirements a. This section shall apply to dry cleaning plants, including coin-operated self-.service establishments, using solvents classified as s nonflammable. b. Dry cleaning plans using combustible or flammable liquids in quantities exceeding 4 gallons (15.1 liters) shall comply with applicable provisions of Article.III. (2) Ventilation Exhaust systems shall be maintained so as to adequately limit solvent vapor concentration within the plant. (3) Pumps and Piping Pumps; pipes, valves, fittings, and solvent handling equipment shall be maintained free from leaks. (4) Spotting Operations Flammable or combustible liquids used for spotting operations shall be in. safety cans.of not more than one gallon capacity with an aggregate amount not exceeding 4 gallons (15. 1 liters). Flammable or combustible liquids shall be prohibited in coin-operated self-service establishments. F. Bowling Establishments (1) Lane resurfacing operations shall be carried on in a safe manner and shall not be carried on while the establishment is open for business. During such operations, proper ventilation shall be provided; heating, ventilating, or cooling systems employing recirculation of air shall not be operated; electric motors or other equipment which might be a source of ignition: shall be shut down; and smoking shall be prohibited. -15- �1 JUL 1980 (2) Pin refinishing operations involving the application of flammable finishes shall be conducted in a room designed for this:type of operation and under conditions conforming :with the requirements of paragraph a.of this section. (3') Power tools used in connection with resurfacing or refinishing operations shall be effectively grounded, or:of a double-insulated type. Safety receptacles shall be used for storing and disposing of dust and other residual matter from the operations of. lathes, sanding and buffing machines. (4) Flammable or combustible liquids for use in. resurfacing or refinishing operations shall be appropriately stored and shall not exceed 60 gallons (22 liters) of storage either in original metal containers, or in individual 5 gall' (18. 9 liters) maximum capacity safety containers. G. Lumber Yards (1) Lumber:shall be stored in piles which are neat, stable and appropriately spaced. (2) Driveways between and around lumber piles shall.be wide enough to accommodate, •apparatus of fire department rendering service and shall be maintained free from accumulations. of rubbish, equipment. and other articles or materials H. Tents and Air-Supported Structures (1) Tents and air-supported structures including.decorative.materials shall 'Ll of flame resistive materials or materials treated to be fire resistant. (2) Operating pressure shall be maintained at the appropriate level to assure,, structural stability and to avoid excessive distortion during high wind or snow loads. (3) Doors shall not be left open under any condition during high winds. Use of doors in air-supported structures shall be controlled to avoid excessive air loss.- (4) Hay, straw, shavings or similar combustible materials shall be prohibil, within any tent or air-supported structure used for assembly other than that necessary for the daily feeding and care of animals. Sawdust and shavings may be used for a public performance or exhibit when kept damp. Combustible materials shall not be permitted under stands or seats at any time. The area. within and adjacent to the tent or air-supported structure. shall be maintained clear of flammable material or vegetation which may constitute a fire hazard, (5) Open-flame devices' shall not be allowed inside.or within 20 feet (6. 10 meters) of the tent or air-supported structure. I. Tire Rebuilding Plants (1) Dust collecting equipment for buffing operations shall be maintained in safe operating condition. (2) Adequate ventilation shall be maintained in rooms where rubber cement is used or mixed or where flammable or combustible solvents are applied. J. Vehicle Wrecking Yards, Junk Yards, and Waste Material Handling Plants (1) Access for fire department equipment to yard areas, including areas where stripped vehicles bodies are stored, shall be unobstructed. (2) Where permitted, burning of wrecked or discarded vehicles, or any pa' thereof, or junk, or any waste material shall be performed in a safe manner. (3) In waste material picking rooms the exhaust system for removal of dust and lint shall be maintained in proper operating condition. -16- r 217. (4) 'Fuel tanks in junked vehicles shall be drained and fuel shall be stored in containers conforming to section 45-204C(1)c. K. Airports, Heliports and Helistops (1) Repairing of aircraft requiring the use of open flames, spark pro- ducing devices or the heating of parts shall be done in a safe manner. (2) .Landing areas on structures shall be maintained so as to confine any flammable liquid spillage to the landing area only and provision shall be made to drain such spillage away from exitways servicing the landing area or from structures housing such exitways. (3) Refueling aircraft shall not be permitted on the rooftop of any structure. L. Piers, Wharves and Marine Terminals . (1) Covers for nozzle openings in the pier deck for substructure fire protection shall be accessible and easily removeable. (2) Combustible pier members shall be kept free of excessive oil accumul- ation. . (3) Trusses, girders and other structural members shall be maintained free of flammable dust. M. Marinas and Boatyards. Berthing and repairing; painting and paint removal, welding, brazing, soldering and cutting, .fuel handling and.boat storing shall be performed in a manner which minimizes the hazards of fire. N. General Outdoor Storage (1) Access to all portions of the storage area by fire department equipment shall be unobstructed. .(2). It shall be prohibited to use salamanders, braziers, portable heaters or open fires in the area of stored combustible material. O. Gases in Balloons Flammable, oxidizing, toxic, corrosive, or reactive gases shall not be used to inflate balloons of any size or type. For this purpose, air, and inert gases lighter than air, are acceptable. ARTICLE III Materials , . §45-300 PREVENTION OF FIRE SPREAD (1) This Article is applicable to the prevention of fire spread resulting from fire, explosion or release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices; to provide for public safety and the protection of"property therein and there-about. -17- 34. _ _,(2) Such,material includes products with the. following characteristics: Burn with extreme rapidity; Produce dust subject to explosion or spontaneous combustion; Produce poisonous fumes or'gases; or Explode . 545-301 FLAMMABLE AND COMBUSTIBLE LIQUIDS AND FINISHES A. General Requirements (1) This section shall apply to: Flammable liquids.- flash point below 100° Fahrenheit (37. aO Celsius); and combustible liquids = flash point at or above 100 Fahrenheit (37. 8' Celsius). (2) Appropriate fire 'extinguishing equipment shall be provided where flammable or combustible liquids are stored, handled or used. (3) Where flammable vapors are present, precautions. shall be taken to prevent ignition by eliminating or controlling sources of ignition, which may include open flames, lightning, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical and mechanical), spontaneous ignition, chemical and physical-chemical reactions and radiant heat. (4) Containers having a capacity of 10 gallons (37. 9 liters) or more., and equipment used for flammable liquids shall be electrically bonded or grounded during transfer of liquids. (5) Mechanical ventilation to prevent the dangerous accumulation of vapors and to remove such vapors to a safe location shall be maintained in safe operating condition, and shall not in itself constitute a fire hazard. (6) Cans or containers which contain flammable,liquids, and are offered for sale shall comply with section 45-204 C(1)c, shall be provided with a . warning label painted or printed on the container stating that the contents are flammable, and shall be kept away from heat or open flame. B. Storage Tanks (1) Storage tanks above ground shall rest on supports that are in a structurally sound condition and protected against loss of structural stability by heat or fire. (2) Storage tanks located in areas subject to traffic shall be protected against vehicle damage. (3) Storage tanks shall not be in a damaged or leaking condition. (4) Pressure relief devices on storage tanks shall be maintained in safe operating condition so as to relieve excessive internal pressure. C. Portable Tanks and Containers Storage of flammable and combustible liquids in portable tanks and con- tainers, other than those of motor vehicles, shall be limited in Group occupancy classifications as follows: -18- JUL � 2 (1) Group Al including attached and detached garages . . . Storage in excess of 6-1/2 gallons- (24. 6 liters) of flammable :liquids or 60 gallons (227 liters) of combustible liquids shall be prohibited. (2) Groups B1, B3 and C5 (except schools, colleges and similar places of education). . . Storage in excess of 10 gallons (37. 9 liters) of flammable liquids or 60 gallons (227 liters) of combustible liquids shall be prohibited. . (3) Groups C1, C5 (schools, colleges and similar places of education) and C6. Storage shall be limited.to that required for operation of office equipment, maintenance, demonstration, treatment and laboratory work. A11 liquids in laboratories and ` at other points of use shall meet the following storage provisions: (a) A container for flammable liquids shall be a safety can not exceeding 2 gallons (7. 58 liters) capacity; (b) Not more than 25 gallons (94. 6 liters) of flammable liquids shall be stored in safety cans outside of an interior storage room or storage cabinet; (c) Not more than 60 gallons (227 liters) of combustible liquids shall be stored outside'of an interior storage room' or storage cabinet; and ' (d) Quantities of flammable and'combustible liquids in excess of those set forth in this section shall be stored in an appropriate storage room or storage cabinet. (4) Group C2. . . (a) Containers in a display area shall not be stacked more than 3 feet (0. 91 meter) or 2 containers high, whichever is the greater, unless on fixed metal shelving or otherwise secured. (b) Shelving shall be of stable metal construction, of suffi- cient depth and arrangement that containers displayed thereon will not be easily displaced. (c) Leaking containers shall be removed to,,a safe location " outside the building and the contents transferred to an un- damaged container. (5) Group C4. . Storage. piles shall be no closer than 3 feet (0. 91 meter}:tt� the nearest beam, chord, girder or other obstruc tions and shall be 3 feet (0. 91 meter) below sprinkler deflectors or discharge orifices of water spray, or other .overhead fire pro.- tection systems, and aisles at least 3 feet (0. 91 meter) wide ,shall be .provided where necessary for access to doors, windows or standpipe connections. D. Dip Tanks (1)Dip tanks and their supports shall be maintained in a safe and structur- ally sound condition. (2) Covers shall be kept closed when tanks are not in use. .(3) Areas in the vicinity of dip tanks shall be kept free of combustible debris. (4) .Waste or rags used in connection with dipping operations shall be deposite6 in self-closing metal cans after use. (5) Ventilating system interlocks shall be maintained so that the failure of the ventilating fan shall automatically stop any dipping conveyrpr:- system. (6) Dip tanks utilizing a conveyor system shall be so arranged that in the event of fire, the conveyor system shall automatically cease motion and bottom drains shall open. -19- JUL 8.1980 _. E. Spray Finishing (1) The floor of the spray booth and operators', working area shall be covered with noncombustible material to facilitate the safe cleaning and removal of residues. (2) Spray booths shall be readily accessible on. all sides for cleaning. Area shall be kept free from storage or combustible construction. (3) Discarded filter pads and filter, rolls shall be removed to a safe, well detached location or placed.in a water-filled metal container. (4). Fixtures for illumination shall be of a fixed explosion proof type and shall be properly protected to prevent ignition of vapor oil residue. F. Electrostatic Apparatus (1) This section shall apply to electrostatic equipment used in connection with paint spraying operations: (2) Transformers, power packs', control apparatus and other electrical portions of the equipment with the exception of high voltage grids and electrostatic. atomizing heads and their-connections shall be located outside the spraying or vapor areas. (3) A space of at least twice.the spar king''distance shall be maintained between goods .painted and fixed electrodes, electrostatic atomizing heads or conductors. A suitable sign stating the sparking distance shall be conspicuously posted near the assembly. (4) Power disconnects and ventilation interlocks shall.be maintained in safe operating condition. (5) Booths, fencing, railings or guards shall be placed about the equip- ment so that a safe isolation of the process is maintained. Such enclosures shall be. of conductive material suitably grounded. (6) Signs shall be posted designating process zones as a fire hazard. (7) Insulators, drip plates and screens shall be kept clean and dry. r G. Dry Cleaning (1) This section shall apply to dry cleaning plants using solvents, clas- sified as flammable or combustible, in excess of 4 gallons- (15. 1 liters). (2) Pumps, pipes, valves, fittings and solvent handling equipment shall be maintained free from leaks. (3) Emergency drainage system shall be maintained 'in safe operating con dition. (4) Dry cleaning equipment shall be electrically grounded. (5) Stills shall be maintained liquid-tight and gas-tight. H. Automobile Undercoating Automobile undercoating spray operations which utilize materials having a flash point less than 100' Fahrenheit (37. 81 Celsius) shall comply with the.applicable provisions of section 45-301A.. --20- 4 �u a �s0 22 .. §45--302 COMBUSTIBLE FIBERS A. General Requirements (1). This section shall apply to readily ignitable and free burning industrial fibers, such as cotton, sisal, jute , hemp, oakum, baled waste, baled waste paper, kapok, straw, excelsior, synthetic fibers, and other like materials, but shall not be applicable to nonresidential farm buildings. (2) Portable fire extinguishers of an appropriate type shall be provided . in storage areas. (3) Smoking and the carrying of lighted cigarettes, pipes and cigars is prohibited in.areas outaining combustible fibers. (4) Not less than 3 feet (0. 91 meter),clearance shall be maintained between tops of-piles and sprinkler heads or ceiling, whichever is lower. (5) Combustible fibers shall be stored with adequate clearance from adjacent construction to allow for expansion when set..` (6) Trucks or automobiles, other than appropriate industrial tractors and mechanical handling equipment, shall not enter any industrial fiber. storage room or building, but maybe used at loading platforms. ..B. Loose Storage (1) Loose combustible fibers, not in suitable bales or packages, whether housed or. -in the open, shall not be stored within 100 feet (30. 5 meters) of a -building except as hereafter specified. (2) Quantities less than 100 cubic feet (2. 83 cubic meters) of loose com- bustible fibers may be kept in.a building, provided storage is in a metal or metal-lined bin equipped with a self-closing cover. (3) Quantities excee ding,100 cubic feet (2. 83 cubic meters) of loose com- bustible fibers, but not exceeding 500 cubic feet (14. 2 cubic meters), shall be stored in appropriate rooms .or compartments with appropriate doors, to minimize fire hazard. (4) Quantities exceeding 500 cubic feet (14. 2 cubic meters) of loose com- bustible fibers shall be stored in appropriate vaults located inside or outside buildings. C. Baled.Storage (1) No single block or pile shall contain more than 25, 000 cubic fee (708 cubic meters) of fiber. Blocks or piles of baled fiber shall be. separated from adjacent storage by aisles not less than 5 feet wide (1. 52 meters), or by appropriate fire barriers of noncombustible material. D. Dust (1) This. section shall apply to dust, consisting of pulverized particles of any material which, if mixed with air in the proper proportions, becomes explosive or may be ignited by aflame or spark. (2) Portable fire extinguishers of an appropriate type shall be provided in dust-productingand dust-handling areas. (3) Smoking and the carrying of matches or cigarette and cigar lighters is prohibited in'areas antaining dust-producing or dust-handling operations. (4) The use of an open flame device, or spark-producing equipment is prohibited.in areas containing'dust handling operations. -21- JUL.: 22 i 8 :1990 (5) Equipment used to. prevent the entrance of foreign materials which' may cause sparks to be generated, shall be maintained in safe operating, condition. (6) Machinery and metal parts of crushing, drying,,-- pulverizing, and conveying systems shall be electrically grounded. . (7) The accumulation of dust in quantities•sufficient to create a fire or . explosion hazard on electric.motors, walls, ledges, or other interior surfaces, or on the roof of a building on which dust may settle is prohibited. (8) Dust collection systems shall be maintained so as .to prevent hazardous accumulations of dust. :x (9) Casings and,enclosures for dust-producting or dust-handling machinery and conveyors shall be maintained dust-tight. §45-303 HAZARDOUS CHEMICALS A. General Requirements (1) This section shall apply`to corrosive liqu ids, .flammable solids (such as white phosphorus, metallic sodium and potassium; and zirconium powder), highly toxic material, oxidizing material, poisonous gas, radioactive material, and unstable chemicals (such as nitromethane and # ammonium nitrate). .c (2) Chemicals that in combination with other substances may cause a fire or explosion or may liberate a flammable or poisonous gas shall be ` separately stored in a safe manner. zT' (3) Defective containers which permit leakage or spillage shall be pro- hibited. No spilled materials shall be allowed to accumulate on floors or shelves. { (4) Containers or packages for retail trade shall be stored neatly and orderly; and shelves shall be of substantial construction. B. Corrosive Liquids (1) Corrosive liquids shall include liquids that cause destruction of human . skin tissue, or have a severe corrosion rate on steel or aluminum. (2) Provisions for containing and neutralizing or safely flushing away leakage of corrosive liquids which may occur durin stora e, handling or g q y g g g .�;. use shall be maintained in safe operating condition. 4 C. Flammable Solids (1) Flammable solids shall include any solid material, other than an ex- plosive, which is liable to cause fires through friction, absorption of ;# moisture, spontaneous chemical changes, retained heat from. manufacturing ' 1 or processing, or which can be ignited readily and when ignited burns so ¢ vigorously and persistently as to create a serious hazard. °' (2) Flammable solids shall be stored, handled and used in a manner which i, will minimize fire hazard. . For requirements of storage, handling and use or combustible metals, see section 45-311. d . C. Highly Toxic Materials " A� j (1) Drainage facilities and natural or.mechanical ventilation for rooms.in which highly toxic materials are stored, handled or used shall be maintained in safe operating condition. 4 -22- i 4 f ju 1980 (2) Legible, 'clearly visible Warning signs and placards stating the nature and l9pation of,the toxic materials shall be posted at entrances to areas where such MM63Hals are stored, handled or used. E. Oxidizing Materials (1) Oxidizing materials. shall include a substance that yields oxygen readily to stimulate the combusion of organic matter. (2) Packaged oxidizing materials shall be stored in dry locations and separated from stored organic and other combustible materials. (3) Bulk oxidizing.materials shall not be stored on or against wooden surfaces. F.. Poisonous Gases (1) Poisonous gases shall include gases of such nature that a very small amount of'the gas mixed with air is dangerous to life. (.2) Storage of poisonous gases shall be in rooms having natural or mechanical . ventilation adequate to remove leaking gas. Such ventilation'shall not dis- charge to a point where the gases may be. a'hazard. (3) Legible, clearly visible warning signs stating the nature of hazard shall be placed at entrances to locations.where poisonous gases are stored or used. G. Radioactive Materials .(I) Radioactive materials 'shall include any material, or combination of materials that spontaneously emits ionizing radiation, and having a specific activity greater than 0. 002 microcurie s per gram. - (2) Legible, clearly visible signs warning of radiation dangers shall be placed at entrances to areas, or rooms where radioactive materials are used or stored. In addition, each container in which radioactive materials are used or stored shall. bear a radiation symbol. (3) When not in use, radioactive materials shall be kept in adequately shielded.fire-resistant containers of such design thatthe gamma radiation will not exceed two hundred milliroentgens per hour or. equivalent at any point of readily accessible surface. H. Unstable Chemicals (1) Unstable chemicals shall be stored in appropriate containers so as to minimize breakage, leakage*, or rupture of containers upon exposure to heat or water which may result in fire, explosion, or other dangerous reaction. (2) Unstable chemicals shall not be stored in basements or below ground level. (3) Open lights or flames and smoking shall be.prohibited in or near. storage areas. (4) Unstable- chemicals shall be kept away from heat-producing applicances and electrical devices and shall be protected from external heat. (5) Electric bulbs shall be equipped with guards to prevent breakage. (6) Internal combusion motor vehicles or lift trucks shall not be parked or stored in the room or compartment where such chemicals are located. -23- JUL §45-304 COMPRESSED GASESG A. General Requirements (1) .This section shall apply to gases in a state exceeding 55 pounds per square inch (379 kilopascals) gage pressure' at 70'.Fahrenheit (21, 1' Celsius), or 119 pounds per square inch (821 kilopascals) gage pressure at 130' Fahrenheit (54. 40 Celsius) and includes bulk oxygen, hydrogen, flammable anesthetics, nonflammable medical gases and.anhydrous ammonia. (2) Compressed gas cylinders in storage or in service shall be secured to prevent falling or being upset and shall be protected against tampering by unauthorized persons. (3) Cylinders, pressure vessels or containers shall be identified as to the gas contained therein. ,4 (4) Storage tanks and cylinders located in areas subjected to traffic, shall r. be protected against vehicle damage. ¢` B. Bulk Oxygen (1) Bulk oxygen,storage systems shall include oxygen stored in the follow- ing quantities: a) More than 13, 000 cubic feet (368 cubic meters) connected in service or ready for service; and. b) More than 25, 000 cubic feet (708 cubic meters) including un- connected reserves on hand at the site. Bulk oxygen storage systems shall be deemed to terminate at the point where oxygen at the service pressure first enters the supply line. (2) . Bulk oxygen storage systems shall be located aboveground out of doors, or shall be installed in a building .of noncombustible construction,- adequately vented, and used for that purpose exclusively. (3) Bulk oxygen storage system locations shall be permanently placarded to indicate: "OXYGEN - NO SMOKING - NO OPEN FLAMES", or an equivalent warning. Smoking or open flames in, such locations. shall be prohibited. (4) Bulk oxygen storage systems shall not be located beneath electric power lines or close to piping for flammable or combustible liquids or piping for other flammable gases. (5) Bulk oxygen storage'systems near aboveground flammable or combustible y liquid storage, indoors or outdoors, shall be located on ground higher than the flammable or' combustible liquid storage except when dikes, diversion curbs, grading, or separating solid walls are used to prevent accumulation of r_ such liquids under the bulk oxygen storage system. 7 (6) Legible operating instructions shall be maintained at locations which 'y- require operation of equipment by the user. (7) The area within 15 feet (4. 57 meters) of any bulk oxygen storage con- tainer shall be kept free of weeds, dry vegetation and combustible material. C. Hydrogen (1) This section shall. apply to hydrogen which is delivered, stored and discharged to consumr piping. and shall be deemed to terminate at the point where hydrogen first enters the consumer distribution piping.. (2) The hydrogen storage location shall be permanently placarded as fol- lows: "HYDROGEN - FLAMMABLE GAS - NO SMOKING - NO OPEN FLAMES" or equivalent. Smoking or open flame in.such locations shall be prohibited. -24- 22 53 UL (3) Mobile hydrogen supply units shall be electrically bonded to the system . before discharging hydrogen. (4) Hydrogen systems shall not be located beneath electric power lines or . close to piping for flammable liquids or piping for other flammable gases. ):. 4-5)--Hydrogen systems near aboveground flammable liquid storage shall be located on ground higher than the flammable liquid storage except when dikes, diversion curbs, grading, ,or separating solid walls are used to prevent accumulation of such liquids,under the hydrogen system. (6) 'The area within 15 feet (4. 57 meters) of any hydrogen container shall be kept free of weeds, dry vegetation and combustible material. D.. Flammable Anesthetics (1) Flammable anesthetics shall include cyclopropa.ne, divinyl ether, ethyl chloride, ethyl ether, triflouro-ethyl ether and ethylene. (2) Extreme caution shall be observed in areas where flammable anesthetics are used so as to prevent electric sparks, or discharge of static elec- tricity. _ .(3) Smoking,, 'open flames or hot materials in excess of 180' Fahrenheit (82. 2° Celsius) shall be prohibited in areas containing flammable anes- thetic s. (4) Piping systems shall not be used. E. Nonflammable Medical Gases (1) Nonflammable medical gases are gases for therapeutic purposes and include oxygen, nitrous oxide, medical compressed air, carbon dioxide, helium nitrogen, and mixtures of such gases when used for medical-purposes. ,. (2) Storage locations for oxygen and nitrous oxide shall be kept free of flammable materials. (3) The main supply line for piping systems shall be provided with an identified shutoff valve so located as.to be accessible in an emergency. (4) Smoking shall be.prohibited in supply system enclosures. F. Anhydrous Ammonia (1) Anhydrous ammonia containers shall be located outside of buildings or . if within buildings shall be located in areas especially intended for this purpose. (2) Anhydrous ammonia containers shall be located at least 50 feet (15. 2 meters) from a dug well or other sources of potable water supply, unless the container is a part of a water treatment installation. (3) The area surrounding a refrigerated ammonia tank or group of tanks shall be provided with drainage or shall be diked to prevent accidental discharge of liquid from spreading to uncontrolled areas. §45-305 EXPLOSIVES, AMMUNITION AND BLASTING AGENTS (1) This section shall apply.to explosives, ammunition, blasting agents and pyrotechnics,. except that nothing in this section shall be construed as applying to: a) Such material used by the Armed Forces of the United States or the State Militia; b) Explosives in forms prescribed by the official United States Pharmacopeia; . -25- , r JUL= 8=1980 x r - t - ti c) Fireworks; d) Small arms ammunition or special industrial explosive devices for person or industrial use; e) Twenty pounds (9. 07 Kilograms) or less of smokeless J propellent and 10, 000 or less small arms primers for hand loading of small arms ammunition for personal use; f) Fifteen pounds (6. 80 kilograms) or less of explosives or blasting agents, exclusive of-smokeless propellants in educational, governmental or industrial laboratories for instruction or research purposes when -under direct super.- vision of experienced competent persons; _ and `f g) Explosives, ammunition and.blasting agents of the United :. States Bureau of Mines, the Federal Bureau of Investigation, the United States Secret Service and police and fire departments acting in their official capacity.. (2) Appropriate fire extinguishing equipment shall be provided where ex- plosives, ammunition or blasting agents are manufactured or stored. (3) Smoking, matches, spark producing devices and open flames shall be prohibited where explosive material is stored,.. handled or used, and within 50 feet (15. 2 meters) of magazines. (4) Explosive material, including special industrial explosive materials a and any newly developed and unclassified explosive, shall be stored in ' magazines. This shall not be construed as applying to wholesale and retail stocks of small arms ammunition, fuse lighters, fuse igniters and safety fuses, in quantities involving less than 500 pounds (227 kilograms) of ' explosive material; nor shall it apply to explosive-actuated power devices when employed in construction operations in populated areas, in quantities involving less than 50 pounds (22. 7 kilograms) of explosive material. (5) Magazines shall be located an appropriate -distance from buildings, structures, railroads and highways commensurate with the type and quan- tity of explosives stored. (6) Magazines shall be.kept locked except when being inspected or when explosives are being places therein or being removed therefrom. (7) Magazines shall be kept clean, dry and free of grit, paper, empty ' . .packages and rubbish. (8) Combustible materials shall not be stored within 50 feet (15. 2 meters) t of magazines. (9) The land surrounding magazines shall be kept clear of brush, dried X is grass, leaves, trash and debris for a distance of at least 25 feet (7. 62 meters). (10) Blasting caps, electric blasting caps, detonating primers and primed n, cartridges shall not be stored in the same magazine with other.explosives. (11) Blasting agents separate from explosives shall be stored in an area free from debris and empty containers. Spilled material shall be cleaned up promptly and safely removed. (12) Sale or display of explosives or blasting agents on highways, side- walks, public property or in places of assembly is prohibited. (13) Explosives shall not be transported on public conveyances. -26- Jul 8:`l9ba (14) Vehicles used for transporting explosives shall be of an:.appropriate type, marked or placarded.with the word "EXPLOSIVES' , and provided with at least one suitable .fire extinguisher. Smoking, carrying matches, flame' producing devices, firearms or loaded'cartridges shall be pro- hibited while in or near a vehicle transporting explosives. - §45-305A FIREWORKS ..Requirements for fireworks shall be governed by sections 270. 00 and 405. 00''of the Penal Law of the State of New York. §45-306 MATERIAL FOR WELDING AND CUTTING A. General Requirements This section shall apply to oxygen, and fuel gas such as acetylene, hy- drogen, natural gas, liquefied petroleum gas And other gases which are used for oxy-fuel gas welding or cutting; electric arc welding or cutting; and acetylene generators and calcium carbide: " B. Welding and .Cutting (1) Appropriate fire extinguishing equipment shall be provided. where welding or cutting is to be performed.. Sprinklers subject to fusing from ':` heat due to welding or nutting shall be temporarily shielded with valves. .to remain open. (2) Welding or cutting shall not be performed in or near rooms or loca- . ' 'tions where flammable gases, liquids or vapors, lint, dust or loose combustible stocks are present unless suitably protected when sparks or hot metal from the welding or cutting operations may cause ignition or explosion of such materials. (3) Welding or cutting shall not be performed on containers and equipment which contain or have contained flammable liquids, gases or solids until these containers and equipment have been thoroughly cleaned or inerted or purged. (4) When welding or cutting operations are performed above, or within 35 feet (10. 7 meters) of combustible construction or material exposed to the operation, or within 35 feet (10. 7 meters) of floor, ceiling or wall openings, the following -shall be provided: ' a) Combustible construction or material shall be"wetted down or protected by noncombustible shields. or covers from possible sparks, hot metal or oxide; b)- Floor, ceiling or wall openings shall be protected by noncom- bustible shields or covers; and c) ' 'A fire watcher shall be provided to watch for fires, make use of portable fire extinguishers or fire hose and perform similar fire prevention and protection duties. The fire watcher shall remain for a least 30 minutes after the welding or cutting operations have been completed to insure that no fire exists. -27- JUL i 1 M Y t t lt C. Oxy-Fuel Gas Welding and. Cutting , (1) Fuel gas cylinders stored inside of buildings except those.in. actual use or attached ready for use shall be limited to a total capacity of 2, 000 cubic feet (56. 6 cubic meters) of gas or 300 pounds (136 kilograms) of liquefied petroleum as. Storage exceeding 2, 000 cubic feet (56. 6 cubic q P g g g meters) total as capacity of cylinders or 300 pounds (136 kiol rams) of g P Y Y P g liquefied petroleum gas shall be in a separate room, or cylinders shall be stored outside or in a separate building. (2) Oxygen cylinders stored inside buildings shall be separated from fuel gas cylinders or combustible materials by a minimum distance of 20 feet ' (6. 10 meters) or by an appropriate noncombustible barrier. (3) Cylinders stored inside of buildings shall be located where they will not be exposed to excessive rise in temperature, physical damage or tam pering by unauthorized persons. (4) Separate rooms'.or buildings for fuel gas storage shall be ventilated, G and heating shall be by indirect means. (5) - Where .caps are provided for valve protection, such caps.shall be in place except when cylinders are in service or connected ready for service. ,.7 Empty cylinders shall have their valves closed while in storage. (6) Pressure regulators, valves and hose shall be maintained gastight and in safe operating condition, and when used for oxygen; 'shall be kept free from oil or grease. (7) The use of liquid acetylene is prohibited. . (8) The aggregate capacity of fuel gas cylinders connected to one manifold «;. inside a building shall not exceed 3, 000•cubic feet (85. 0 cubic meters) . of gas or 300 pounds (13 6.kilograms) of liquefied petroleum gas. More 3<;. than one such manifold may be located in the.same room provided the man- k; s . ifolds are at least 50 feet (15. 2 meters) apart. (9) A fuel gas manifold connected to cylinders having an aggregate capacity of more than 3, 000 cubic feet (85. 0 cubic meters) of gas or 300 pounds (136 kilograms( of liquefied petroleum gas shall be located outside, in a f, E separate building, or in a separate room. (10) The aggregate capacity of oxygen cylinders connected to one manifold ;; inside a building shall not exceed 6, 000 cubic feet (170 cubic meters). V: More than one such manifold may be located in the same room provided the4 manifolds are at least 50 feet (15. 2 meters) apart. (11) An oxygen manifold connected to cylinders having an aggregate capacity. 'u of more than 6, 000 cubic feet (170 cubic meters) shall be located outside, in a separate building, or in a separate room. ;.. t D. Electric Arc-Welding and Cutting (1) The frame or case of electric arc-welding or cutting machines, except 'tiyx. internal combustion engine driven machines, shall be grounded. Ground ` xt; connections shall be mechanically strong and electrically adequate. , (2) When not in use electric arc-welding or cutting equipment shall be disconnected from the power source. F E. Acetylene Generator Houses and Rooms -Z" x z (1) Buildings in which acetylene generators are located shall not exceed one E 9,_ f story in height except that they may be installed on the top. floor or roof of a multi- or single-story building. Generators shall be enclosed in a separate room. -28- E Jut; (2) Explosion venting for a generator houses and generator rooms shall be provided,` arid arr,a nged in.a manner so as not to be a hazard to life or property. Adequate ventilation shall be maintained. (3) - Heating shall be by indirect means. Heating by flame or fire shall be prohibited. (4) Electrical wiring and equipment in generator houses or generator rooms shall be maintained in safe operating condition. (5) Sources of ignition shall be prohibited in generator houses or .genera- tor rooms. .-(6) Operating instructions shall be posted in a conspicuous place near the generator or kept in a suitable place available for ready reference. F..: Calcium Carbide Storage (1) Calcium carbide shall, be contained in appropriate packages equipped with a screw top or equivalent and be"water-. and air-tight.: :Packages shall be conspicuously marked "CALCIUM CARBIDE-DANGEROUS IF.NOT KEPT DRY" or with equivalent warning. (2) Storage of-calcium carbide inside buildings shall be in- a dry, water proof and well-ventilated location. (3) - Calcium carbide''not.exceeding" 600 pounds (272 kilograms) may be stored inside buildings or in the same room with fuel gas cylinders. (4) Calcium carbide exceeding 600 pounds (272 kilograms).:but not.exceeding 5, 000 pounts (2268 kilograms) shall be stored in an inside .generator room or an outside generator house, or; in a. separate room in a one-story building which may contain other occupancies, but without cellar-or base- ment beneath the carbide storage section. . These rooms shall'be used for no other purposes. (5) Calcium carbide in excess of 5, 000 pounds (2268 kilograms) shall be stored in appropriate one-story buildings without cellar or basement and used for no other purpose, or in appropriate outside generator -houses. (6) Calcium carbide in unopened metal containers may be stored outdoors. Storage areas shall be at lease 10 feet (3. 05 meters) from adjoining proper.ty. §45-307 FUMIGANTS AND THERMAL INSECTICIDAL FOGGING LIQUIDS (1) This section shall apply to substances such as methyl bromide, I thylene dibromide, hydrogen cyanide, carbon disulphide and sulfuryl fluoride, which.by themselves or in combination with other substances, emit or liberate gases, fumes or vapors used for the destruction or control of insects, fungi, vermin, germs, rodents, or other pests, and shall be distinguished from insecticides and disinfectants which are essentially effective in the solid or liquid phases. (2) Fires, open flames, smoking or other sources of ignition shall be pro- hibited in the space under fumigation or thermal.insecticidal fogging. Heating shall be by indirect means with steam or hot water. Electricity shall be shut off, except for fans which shall be operated in a manner which will not create an ignition hazard. (3) Warning signs indicating the danger, type of chemical to be used, and recommended precautions, .shall be posted at entrances to premises where fumigants will be used. (4) It is prohibited to use thermal insecticidal fogging liquids having a flash. point below 100` Fahrenheit (37. 8° Celsius). -29- �3® JUL 8 <,08041 a (5) For thermal insecticidal fogging indoors,: not more than one gallon of insecticide shall be used for each 50, 000 cubic feet (1416 cubic meters)• of space. Fog shall not be directed against combustible objects or materials. FRUIT RIPENING "GAS §45-308 _ (1) This section shall apply to ethylene gas used in fruit ripening. (2) Appropriate fire extinguishing equipment shall be provided where ethylene gas is stored, handled or used. . (3) Containers other than those connected for use shall be stored outside or in a special building, except that not more than two portable Depart- ment of Transportation containers not connected for use may be stored inside the building. (4) Equipment used to introduce ethylene gas shall be.maintained in safe operating condition and"shall limit the ethylene .level to anon-hazardous concentration. (5) 'Open.'flame.heaters, open lights and smoking shall not.be permitted in ripening rooms. .: '(6) Ripening.rooms shall be kept free of unnecessary combustible materials. §45-309. MATCHES (1) Matches shall not be stored in piles exceeding 18 feet (.5.49 meters) in height, or 25, 000 cubic feet (708 cubic meters) in volume. (2) Storage in cases shall be no closer than 10 feet (3. 05, meters) from an exit, open stairway, elevator shaft opening or any other vertical shaft opening. (3) In'Group C2 occupancy classification, matches shall be stored on shelves no closer than 10 feet (3. 05 meters) from heaters and furnaces. (4) Upon removal from shipping containers, matches stored in bulk shall be in metal or metal-lined bins equipped with-self-closing covers. (5) Appropriate fire extinguishing equipment shall be provided where matches are manufactured or stored in bulk. §45-310 POWDER COATINGS (1) This section shall apply to finely ground particles of protective finishing material applied in dry powder form by means,of a: fluidized bed, electrostatic fluidized bed, powder spray guns, or electrostatic powder spray guns. (2) Exhaust ventilation systems shall.be maintained in safe operating condition. (3) All areas shall be kept free of the accumulation of powder coating dusts, particularly on surfaces such as ledges, beams, pipes, hoods, booths and floors. (4) Surfaces shall be cleaned in such manner as to avoid scattering of dust or creating dust clouds. §45-311 MAGNESIUM (1) Appropriate fire extinguishing.equipment shall be provided where mag- nesium is stored, handled or used. A supply of extinguishing powder in a substantial container with a hand scoop or shovel for applying powder on magnesium fires,. or an extinguisher unit designed for use with such -30- . :hsso 2 powder, shall be kept within easy'reach of every operator 'performing a machining, grinding or other processi' operation on magnesium. (2) Smoking is.prohibited.in areas where magnesium is stored, handled or used. (3) Magnesium dust in dry state shall.not be allowed to collect on or contact high speed moving parts. (4) Interlocks that shut off dust-producing machines in the event of improper functioning of the collector system shall be maintained in safe operating condition. (5) Electrical grounding of equipment shall be maintained continuous. (6) Chips, turnings, and other fine magnesium scrap shall be placed in a covered, vented steel container and removed to a safe location. (7)' Magnesium fines shall be kept separate from other combustible materials. §45-312 ORGANIC COATINGS (1) This section shall apply to liquid mixtures of binders such as alkyd, nitrocellulose, acrylic or oil, and flammable and combustible solvents such as hydrocarbon, ester, ketone or alcohol, which when spread in a thin film convert to a durable protective and decorative finish. (2) Appropriate fire extinguishing equipment shall be provided where organic, coatings are stored, handled or used. (3) Smoking, open flames and heating equipment containing ignition sources shall be prohibited in areas where organic coatings are stored, handled or used. (4) Mechanical ventilation to prevent the dangerous accumulation of vapors and to remove such vapors .to a safe location shall be maintained in safe operating condition, and shall not in itself constitute a fire hazard. (5) Empty containers previously used for flammable or combustible liquids shall be removed to a safe location outdoors and, if not cleaned, removed from the premises and disposed of in an appropriate manner. (6) Drainage facilities provided to direct flammable and combustible liquid leakage and. fire protection water to a safe location, away from buildings, structures, storage. areas or adjoining property, shall be properly maintained. (7) Bonding and grounding for tanks, machinery and piping shall be main- tained electrically conductive. (8) Spilled nitrocellulose shall be swept up, put into a pail of water and disposed of.. (9) Solvent pump. shut-off switch shall be maintained in operable con- dition to shut off pump in case of fire. §45-313 ORGANIC PEROXIDES (1) This section shall apply to organic peroxides used in spray guns. (2) Organic peroxides shall be kept away from all sources of heat in- cluding steam pipes, radiators, open flames, sparks and solar radiation. Smoking shall be prohibited in areas where organic peroxides are stored, handled or used. (3) Non-sparking tools shall be used in any area where organic peroxides: are stored, mixed or applied. (4) Dusts or overspray residues resulting from.the sanding or spraying of finishings materials containing organic peroxides shall not be mixed with other materials. . -31- r' r (5) Spilled peroxides shall be promptly removed so there are no residues, < and disposed of in a safe manner such as in accordance with the manufac-' F tuner's recommendation. 145-314 CRYOGENIC LIQUIDS (1) This section shall apply to the storage, handling and use of flammable cryogenic liquids, liquid oxygen and cryogenic oxidizers, having a boiling point of minus 200' Fahrenheit (-129° Celsius). '= (2) Containers, .valves and piping shall be readily accessible for inspection . and repair, and protected against tampering. `; (3)V4Tarning labels and signs shall be posted on containers and equipment. (4) Dispensing of flammable cryogenic liquids, liquefied oxygen or liquid oxidizers shall be only at appropriate locations. Water lines and hose shall be provided for cleaning and melting. , (5) Flammable cryogenic liquid, liquid oxygen or crogenic oxidizers shal not be loaded,, unloaded, dispensed or handled where vapors can reach a ; source of ignition. Smoking shall be prohibited.. Loading, unloading. `v and dispensing of oxygen shall not be permitted in the vicinity of loading, unloading or-dispensing of gaseous or liquid fuel. .§45-315 CELLULOSE NITRATE (PYROXYLIN) PLASTICS d A. General Requirements (1) This section shall be applicable to raw cellulose nitrate (pyroxylin) , t plastics and-to articles made from this material. For cellulose nitrate ' film, see section 45-316. For guncotton or other explosives having p g cellulose nitrate as.a base, see section 45-305. (2) Appropriate fire extinguishing equipment shall be provided where raw V':., pyroxylin plastics are stored, handled or used. (3) Smoking, open flames and heating equipment containing ignition sources t (pyroxylin) shall be prohibited in areas containing raw cellulose nitrate (py y ) ,,}•, €.. plastics. . B. Raw Cellulose Nitrate (P rox lin) Plastics-'' (1) Where raw material in excess of 25 pounds (11. 3 kilograms) is received in a building, an appropriately vented cabinet or vented and sprinklered vault shall be provided for the storage of the material. (2) Not more than 1, 000 pounds (454 kilograms) of raw material shall . be stored in cabinets in any one workroom, and not more than 500 pounds (227 kilograms) in any one cabinet, nor more than 250 pounds (113 kilograms) r in one compartment. (3) Raw material in excess of that specified in paragraph 2 shall be kept in appropriately vented vaults not exceeding 1, 500 cubic feet (42. 5 cubic a• meters) capacity. (4) No cellulose nitrate (pyroxylin) plastic material shall be store , Fist within 2 feet (0. 61 meter) of any heat producting applicances, steam pipes, ; radiators or chimneys. `' (5) Waste cellulose nitrate (pyroxylin) plastic materials such as shavings, chips, turnings, sawdust, edgings and trimmings shall be kept under water f in metal receptacles until removed from the premises and shall be y;4y removed dail In -32- i s { 6 JUL ems _ • i C.: . Articles of Cellulose Nitrate (Pyroxylin) Plastics (1) No electric light shall be located directly above cellulose nitrate (pyroxylin)-plastic material, unless provided..with a suitable guard to prevent heated particles from falling. (2)' Spaces underneath display tables shall not be used for storage and shall:be kept free of accumulations,of paper, refuse and other combos tible material. (3) Display of cellulose nitrate (pyroxylin) plastic articles shall be in showcases or show windows, except that such articles maybe placed on tables or counters which are not over 3 feet (0. 91 meter) wide and 10 . feet (3. 05 meters) long.and spaced at least 3 feet (0. 91 meter) apart. '(4) Cellulose nitrate (pyroxylin) plastic articles shall be protected . against exposure to direct .sunlight. §45-3.1.6' CELLULOSE NITRATE. MOTION PICTURE FILM. (1): This section shall apply tocellulose nitrate motion picture film. Film having--a cellulose acetate or other slow-burning base is excluded.. (2} Appropriate;fire. extinguishing equipment shall be provided where cellulose nitrate' motion picture film is stored, handled or used. (3) Motion picture projectors when used with cellulose nitrate motion pic- ture film shall be located in enclosures specifically intended for such use. . (4) Smoking, . carrying of matches, cigarettes and cigar lighters and use of open flame and heating equipment containing ignition sources shall . . .be prohibited in areas where cellulose nitrate motion picture film is stored, handled or used. (5) Storage in excess of 25 pounds (11. 3 kilograms) but not in excess of, 1,.000 pounds (454 kilograms) shall be kept in cabinets or in vaults.. (6) Storage in excess of 1, 000 pounds (454 kilograms) shall be kept in' vaults.. (7) Unexposed cellulose.nitrate motion picture film enclosed in the original, unbroken shipping cases conforming to Department of Trans- portation regulations shall be kept in a sprinklered room. If the amount exceeds 750 pounds (340 kilograms), it shall be stored in a room used for no other purpose. (8) Archival cellulose nitrate motion picture film shall be stored in archival. cabinets or vaults. (9) Tables and racks used in connection with the handling of film shall be noncombustible, or shall be of wood construction with no member less than 1-1/2.inch (38. 1 millimeters) thick. ARTICLE IV Fire Safety Practice §45-400 GENERAL Fire safety practice shall be observed as set forth in this Article to in- sure that property and materials shall be maintained in a manner which will provide the public with safeguards from the hazards of fire, explo- sion or the release of toxic gases. . -33- � t AL 1980 t. §45-401 FIRE SAFETY SAFEGUARDS A. General Precautions ` Precautions shall be taken to protect property and premises against the starting and spreading of fires. It is prohibited to: r.' (1) Deliberately set a fire, or knowingly permit a fire to start or r spread, which endangers the safety of persons or property. nR: (2) Discard, throw or place flaming or glowing objects, such as matches, cigars and cigarettes, or other flaming or glowing + ` substances where such substances or things may ignite com- bustible or explosive materials. (3) Dispose of hot or smoldering materials, including hot ashes or cinders, or smoldering coals, in other than noncombustible F receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground in an exterior open area, shall be placed on noncombustible stands, at least two feet (0. 6'1 meter) laterally away from combustible materials, structures, and exterior openings of buildings. 5 (4) Use or operate any internal combustion equipment or flame F producing device unless suitable measures are taken to ensure '„,: against ignition of combustibles. ;. B. Exterior Protection a (1) Dry Vegetation, Combustible Waste and Refuse Quantities of dry vegetation, combustible waste and refuse which by rea- t.. son of their proximity to guildings or structures would constitute a fire ` _ hazard or contribute to the spread of fire, shall be removed. (2) Obstructions It is.prohibited to: _ (a) Install or maintain wires, cables, ropes, aerial antennas, or other t overhead obstructions on the roofs of buildings having a roof slope h, of less than 30 degrees (0: 52 radian), unless there is a full clear- { ance of 7 feet (2. 13 meters) or more between the roof surface and , s, such obstruction, except; obstructions may be installed less than :i-. F 7 feet (2. 13 meters) high provided they are protected in a manner to prevent injury to firefighters working on the roof during periods of k reduced visibility. g (b) Maintain on roofs and fire escapes materials or objects which ob- struct egress or fire department access. t (c) Attach or fasten ropes, wires, cables, or similar devices, except standard equipment therefor, to fire escapes. » , (d) Place or to permit objects or materials to obscure or obstruct the use of fire hydrants, fire wells and fire department connections.. (3) Outdoor Fires (a) Outdoor fires, including bonfires and rubbish fires, shall not be x permitted unless legally authorized and inconformity with forest. fire control regulations. L:; Y (b) Outdoor fires, where permitted, shall be .attended at all times with z appropriate fire extinguishing equipment readily available nearby. -' (4) Waste Disposal Sites (a) Transporting burning waste or refuse is prohibited. (b) Vehicles or conveyances used to transport combustible waste or refuse over public thoroughfares shall have all cargo space covered r and maintained sufficient tight to ensure against ignition from _! external fire sources.. -34- i JUL (c) Burning debris ,shall.not be dumped at a waste disposal site. C. Interior Protection (1) Combustible Waste and Refuse (a) Execpt for one and two-family dwellings, 'premises shall provide specifically-designated rooms, areas or containers, in or on the premises, for the temporary storage of combustible waste or refuse. (b) Combustible waste and refuse shall be stored in: 1) 'Containers constructed of noncombustible materials, equipped with tight fitting covers; or 2) Bins constructed of noncombustible materials, equipped with self-closing covers, or covers that close auto- . matically in case of fire inside the bin;'or 3) Rooms designed for such storage; or 4) Isolated areas outside buildings, suitable for such storage. (c) Combustible waste and refuse shall be property stored or disposed of to prevent unsafe accumulations. (2) Combustible Decorations In spaces of Group C5 occupancy classification, dockside vessels serving as buildings, and tents and air-supported structures, it is prohibited to install, maintain or use materials such as vegetation, bunting, cotton batting, plastic cloth, textile, excelsior, paper or other combustible materials for decorative purposes, unless such materials have been made flame-resistant. (3) Cleaning.Comp•aunds (a) Only water solutions, detergents, or noncombustible floor sweeping compounds and grease absorbents shall be used for cleaning floors.. (b) The use of sawdust or similar combustible materials to soak up combustible or flammable liquids spilled or dropped from machinery or processes on floors is prohibited. (4) Portable Heaters (a). Portable heating equipment using kerosene or other flammable liquids. shall-be permitted provided that the same comply with applicable State laws. (b) Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating condition. (c) Portable electric heaters shall be equipped with automatic shut-off devices for safety purposes in the event of tip-over. §45-402 FIRE SAFETY EQUIPMENT Fire safety equipment, including fire extinguishing, fire warning, and standpipe systems, shall be maintained operable at all time and under all weather conditions except during repairs. The fire department shall be notified whenever such equipment is out of service. §45-403 FIRE SAFETY SIGNS AND INSTRUCTIONS (1) Fire safety signs include, among others: Occupancy signs, limiting the maximum number of occupants permitted in public areas; no smoking signs, prohibiting smoking in areas where conditions exist which make smoking a fire hazard; danger signs, alerting persons to areas where special danger of fire or explosion exists; and elevator warning signs instructing occupants to use exit stairs in case of fire. -30- JUG: ... - 40 S' 1 J (2) Fire safety signs shall be posted on premises as specified in paragraph 1 of this section. (3) Posted fire safety signs shall be complied with. (4) No posted fire safety sign shall be removed, defaced, or destroyed except.for,replacement purposes, I or when the condition which the sign was intended to identify is no longer present, :or when the information conveyed by the sign is no longer necessary. (5) Hotels; motels, and similar transient occupancies shall have a printed copy of fire safety instructions, instructing occupants in steps . to be taken in the event of fire, conspicuously posted in each occupancy unit and at other designated locations. §45-404 FIRE EXIT DRILLS Fire exit drills and procedures shall be held and conducted to familiarize occupants in procedures of building evacuation or transfer to havens of refuge in the following: Group B1 - hotels, dormitories, clubs, fraternity and sorority houses, and similar occupancies; Group C1 - business occupancies; Group C2 mercantile occupancies; .and `Group C5 - assembly occupancies., §45-405 FIRE DEPARTMENT NOTIFICATION (1) Upon discovery of a fire, which poses a possible danger to life or property, even though it has apparently been extinguished, the existence, circumstances and location of such fire shall immediately be reported to the fire department. (2) The fire department shall be promptly notified upon discovery of evidence of the spontaneous or abnormal heating of any merchandise, com modity, cargo, or material in buildings, structures, or premises.which . r. indicates a probable danger of fire or explosion, or upon discovery or being apprised of an uncontrolled hazardous gas leak, or hazardous material or combustible or flammable liquid spill. (3) It is prohibited to make or issue regulations or orders, written or verbal, that would require any delaying action prior to reporting a serious fire hazard or fire to the fire department, except in the case of established on-premises fire fighting organizations which have coordin- ated and arranged procedures with the fire department. ARTICLE V Administration and Enforcement §45-500 APPLICABILITY This Article shall provide the basic method for the administration and enforcement of this Fire Prevention Code, and shall establish powers, duties and responsibilities in connection therewith. -36- } JUL �..1980 �w §45-501 ADMINISTRATION The building inspector and deputy building inspectors (her.einafter referred to as the building inspector) are hereby designated to administer and enforce this Code within, the Town of Southold. §45-502 RULIV- .7-AND RE ATIONS The Town Board ?nay, after a public hearing,. adopt rules and regulations for the administration and enforcement of this Code. §45-503 PERMITS A. Upon.the payment of such fee as maybe prescribed by resolution of the town board, .permits shall be issued by and bear the name and signature of the building inspector and shall specify the following.: (1), The activity or operation for .which a permit is issued. (2) The address or location where the activity or operation is to be conducted. (3) The name and address of the permittee. (4) The_permit number and date of issuance. (5) ,The period for which the permit is issued. B. Permits -shall not be transferable or assignable and any change in activity, operation, location, ownership, or use shall require a new permit. C. Permits shall continue. in effect during the period of time specified thereon, unless sooner suspended or revoked. The term of a permit may be extended by the building inspector, provided that a satisfactory reason can be shown for failure to commence or complete the work or activity authorized within the required time period. D. Permits shall be required for activities .or operations which may be provided by amendment to this Code. E. 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. F. Location,of Permits Permits shall be kept on the property or premises covered by the permit, or carried on the person of the permittee. G. Revocation or Suspension of Permits Permits may be suspended or revoked when it is determined that 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 or a violation of this Code, or any order, notice, rule regulation or determination. 1§45-504 INSPECTIONS •A. The building inspector shall conduct periodic inspections for compliance with the provisions of this Code. Such inspections may be, made at any -37- �3 1980 Y reasonable time. If entrance to make an inspection is refused or can not be obtained, the building inspector.may apply to any court of com- petent jurisdiction for 'a warrant to make an inspection. ' B. In addition to inspectors as provided by Section 45-504 A hereof, the Town Board may appoint one assistant inspector for each of the fire districts in the Town who shall be recommended by the respective Boards of Fire Commissioners. Such assistant inspectors shall serve for a term of one year, or at the pleasure of the Town Board. Assistant inspectors shall serve without compensation, but shall be reimbursed for their actual.and necessary expenses incurred in the performance of their dut-ies within the appropriations made therefore by the Town Board. Such assistant inspectors shall not have enforcement powers, ' their du;.ies being limited to conducting periodic inspections for com- pliance with the provisions of this Code. In the performance. of their duties, assistant inspectors shall have the same right to enter and r inspect buildings as heretofore conferred upon the building inspector. §45-505 VIOLATIONS A. A person owning, operating, occupying or maintaining property or premises within the scope of this Code shall comply with all of the provisions of this Code, and all orders, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the building inspector finds that there has been a, violation of this Code, or any rule or regulation adopted pursuant thereto, a violation order shall be issued to the person or persons responsible. C, Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be taken. D. Violation orders may be served: by personal service; by mailing by registered or certified mail; or by posting a copy thereof in a con• spicuous place on the premises, and by m.ailing'a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed.to. the person responsible. E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation is within the time specified in the violation order, a request to take appropriate legal action shall be made to the town board of the Town of Southold. 545-506 PENALTIES A. Faib. re to comply with any provision of this Code or any rules or regulation§ adopted pursuant thereto, or a violation order shall be deemed za violation and the violator shall be liable for a fine of not more than $250. or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation. B. An action or proceeding in the name of the Town of Southold may be commenced in any court of competent jurisdiction to compel compliance -38- ., JUL 8 1900 23 with or:restrain by injunction the violation of any provision of this Code or any rule, or regulation adopted pursuant thereto, or a violation order, or to vacate the occupancy or building in the case of imminent danger of life or property.. Such remedy shall be in addition to penalties otherwise prescribed bylaw. §45-507 RECORDS The.building inspector shall keep official records of.all permits; inspec tion reports, recommendations, complaints and violation orders. §45-508 REMOVAL. OF DANGEROUS BUILDINGS OR STRUCTURES' A. A building or structure or part thereof, which is an imminent danger to life or safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. B. Whenever the building 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 building 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 building inspector may require the occupants of any 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 by the building inspector 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 Southold in connec tion 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 statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement 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 such expenses within ten days after the statement is presented or posted, a legal action may be brought to collect such assess- ment or to foreclose such lien. As an alternative to the maintenance of any such action, the building 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 assessors, 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 Southold. -39- s Y 24G JUL 81980 545-509 REVIEW BOARD A. .There is hereby established in and.for_the Town of Southold, a Board of Review, consisting of seven (7) members, to be appointed by the Town Board, who shall serve without compensation for a term of one (1) year. The Town Board shall' designate a member of said Board of Review to act as chairman thereof. In making such appoint- ments, the Town Board shall seek recommendations from the various fire organizations of the Town of Southold. B. The Board of Review shall have the power to vary or modify in whole or in part any provision or requirements of this Code where practical difficulties or unnecessary hardships may result from enforce- ment ther-eof, provided,- however, that such variance or modification shall be consistent with the spirit of this Code. C. The building inspector shall obtain a copy of the Review Board's decision for his records. - ARTICLE XI I Generally Accepted Standards §45-600 APPLICABILITY Generally accepted standards referred to in this Part, unless otherwise indicated, shall be construed as follows: l". Provisions which are intended to be mandatory, or which establish re- quirements in excess of basic fire prevention requirements, shall apply. 4n Provisions which are suggested, or recommended, or which establish requirements in excess of basic fire prevention requirements, shall not " apply. Provisions which grant discretionary powers to modify or vary require- ments, shall not apply; and Provisions which differ from the provisions of the Code, shall not apply. §45-601 ISSUING ORGANIZATIONS ANSI American National Standards Institute, Inc. 1430 Broadway New York, New York 10018 NFPA National Fire Protection Association 470 Atlantic Avenue Boston, Massachusetts 02210 NYDH Department of Health, State of New York 84 Holland Avenue Albany, New York 12208 -40- NYDL Department of Labor, State of New York ( Office of'Administrative Director Building 12, State Campus Albany, New York 12226 or Department of Labor, State of New York Business Administrative Office Two World Trade Center New.York, New York 10047 USDC U. S. Department of "Commerce - Handbooks National Bureau of Standards Washington, D. C. 2'0234 §45-602 GENERALLY ACCEPTED STANDARDS WITH.CODE REFERENCE SECTIONS 45-202 -Means of Egress NFPA Code for Safety.to Life from Fire in Buildings and.Structures, No.. 101, 1976 45-203B - Fuel Gas Systems NFPA National Fuel Gas Code, No. 542 1974 NFPA - Liquefied Natural Gas, No. 59A, 1975 45-203C - Liquefied Petroleum Gas Containers and Tanks` NFPA - Liquefied Petroleum Gases., No. 58, 1976 NFPA - Liquefied Petroleum Gases at Utility Gas Plants, No. 59, 19.76 45-203D - Fuel Oil Systems NFPA - Oil Burning Equipment, No. 31, 1974 45-203F - Heating Systems NFPA - Prevention of Furnace Explosions in Fuel Oil and Natural Gas Fired Watertube Boiler Furnaces with One Burner, No. 85, 1976 NFPA - Prevention of Furnace Explosions in Natural Gas. Fired Multiple Burner 'Boiler.Furnaces, No. 85B, 1978 NFPA Prevention of Furnace Explosions in Fuel Oil Fired Multiple Burner Boiler Furnaces, No. 851), 1978 NFPA Prevention of Furnace Explosions in Pulverized Coal Fired Multiple Boiler Furnaces, No. 85E, 1978 NFPA - Air Conditioning and Ventilating Systems, No. 90A, 1976 NFPA - Warm Air Heating and Air Conditioning Systems, No. 90131, 1976 NYDL - Boilers, Industrial Code Rule 4, 1965 NYDL:- Construction, Installation, Inspection and Maintenance of Steam Boilers, Industrial Code Rule 14, 1958 41- 1 F •y 8 ,1980 f ., 45-203G - Chimneys, Flues and.Gasvents f Fireplaces and Vents, No. 211, 1977 � NFPA Chimneys, .. p t 45-203H - Incinerators and Compactors NFPA - Incinerators and Rubbish Handling, No. 82, 1977 45-203I - Electrical Systems NFPA - National Electrical Code, No. 70, 1978 NFPA - Stationary Combustion Engines and Gas Turbines, No.. 37, 1975 c E - _ 45-203J ---Commercial.Cooking Equipment NFPA - Removal of Smoke and Grease-Laden Vapor from Commercial Cooking Equipment; No. -96; 1976 45-203K(1) Fire Protection Water Supply " NFPA .- Centrifugal Fire Pumps, No. 20, 1978 - NFPA - Water Tanks for Private Fire Protection; No. 22, 1976 } Supplies for Fire NFPA : Supervision of Valves Controlling Water. ' Protection, No. 26, 1976 E 45-203K(2) - Sprinkler Systems ( NFPA - Sprinkler Systems, No. _13, 1976 NFPA. - Water Spray Fixed Systems for Fire Protection, No. 15, 1977 NFPA - Foam-Water Sprinkler Systems and Poam-Water Spray Systems, No, 16, 1974 45-203K(3) - Standpipe Systems " NFPA - Standpipe and Hose Systems, No. 14, . 19.78 yf 45-203K(4) - Yard Hydrant Systems NFPA - Outside Protection, No. 24, 1977 45-203K(5) Portable Fire Extinguishers . NFPA - Portable Fire Extinguishers, No. 10, 1978 45-203K(6) - Fire Alarm Systems NFPA - Central Station Signaling Systems, No. 71, 1977 NFPA - Local Protective Signaling Systems, No. 72A, 1975, k; NFPA - Auxiliary Protective Signaling Systems, No. 7213, 1975 , NFPA - Remote Station Protective Signaling Systems No. 72C, 1975 NFPA - Proprietary Protective Signaling Systems, No. 72D, 1975 45-203K(7) - Fire and Smoke Detectors NFPA - Automatic Fire Detectors, No. 72E, 1978 � x� NFPA - Household Fire Warning Equipment, No. 74, 1978 r �. tt -42- 31 Y iM; Jug9QY :: 45-203K(8) Foam­snd Chemical Fire Extinguishing Systems NFPA Foam Extinguishing Systems, No. 11, 1978 NFPA - High Expansion Foam.Systems, No. 11A, 1976 NFPA - Synthetic Foam and. Combined Agent Systems, No. 11B, 1977 NFPA - Carbon Diozide Extinguishing Systems, No. 12, 1977 NFPA Halogenated Fire Extinguishing Agent Systems-Halon 1301, No. 12A, 1977 NFPA - Halogenated Fire Extinguishing Agent Systems-Halon 1.211., No. 12B, 1977 NFPA - Dry Chemical Extinguishing Systems, No. 17,_ 1975 45-203L, M - Elevator.Equipment and Hoistways and Shafts . ANSI - Safety Code'for Elevators, Dumbwaiters, Escalators, and Moving Walks, A17'. 171971, .Including Supplements A 17. 1a-1972, A17. lb- 1973, A17. 1c-1974, A17. ld-1975, A17. le-1975, Ail. if-1975 and .. A17. 1g-1976 NYDL = Construction, Guarding, Equipment, Maintenance and Operation of Elevators,Dumbwaiters..' Escalators, Hoists and Hoistways in Factories and Mercantile Establishments, Industrial Code Rule 8j. 1923 45-203N - Combustible Cooling Towers NFPA - Water Cooling Towers, No. 214, 1977 45-2030 - Swimming Pools NYDH - 10 NYCRR, Part 6 - Swimming Pools and Bathing Beaches, State Sanitary Code, December 31, 1975 45-203Q Commercial Ovens NFPA'- Ovens and Furnaces, No. 86A, 1977 NFPA - Industrial Furnaces, No. 86B, 1974 NFPA - Industrial Furnaces Using a Special Processing Atmosphere, No. 86C,, 1977 4.5-204B - Places of Assembly NFPA - Code for Safety to Life from Fire in Buildings and Structures, No. 101, 1976 NYDL - Places of Public Assembly, Industrial Code Rule 36, 1967 45-204C - Service Stations and Garages NFPA - Flammable and Combustible Liquids Code, No. 30, 1977 NFPA - Parking Structures, No. 88A, 1973 NFPA - Repair Garages, No. 88B, 1973 45-204D - Abandonment or Removal of Underground Tanks NFPA Flammable and Combustible Liquids Code No: 30, 1977 -43- 244 JUL 8.1��o i t Al } r c; 45-204E - Dry Cleaning Plants NFPA Dry Cleaning Plants, No. 32, 1974 NYDL - Coin Operated Machines, Industrial Code Rule 43, 1966 45-204H - Tents and Air-Supported Structures s: NFPA - Tents, Grandstands and Air-Supported Structures Used for Places of Assembly, No. 102, 1972 NYDL - Places of Public Assembly, Industrial Code Rule 36, 1967 x 45-204K.-Airports, Heliports and Helistops k�z NFPA Aircraft Hangars, No. 409, 1975 = s NFPA - Aircraft Welding Operations in Hangars, No. 410E, 1975 i NFPA - .Aircraft Fueling Ramp.Drainage, No. 415, 1,977 NFPA - Airport Terminal Buildings, No. 416, 1975 NFPA Roof-top Heliport'Construction and Protection, No. 418, 1973 45-204L Piers, Wharves and Marine Terminals NFPA Construction and'Protection of Piers and Wharves, No. 87, 1975 ti 45-204M Marinas and Boatyards NFPA - Marinas and Boatyards, No. 303, 1975 t 45-204N - General Outdoor Storage $ NFPA - Outdoor General Storage, No. 231A, 1975 r 45-301 - Flammable and Combustible Liquids and Finishes q' NFPA - Flammable and Combustible Liquids Code, No. 30, 1977 ..> g NFPA - Solvent Extraction Plants, No.. 36, 1974 t> NFPA Explosion Prevention Systems, No. 69, 1973 ' NFPA - Blower and Exhaust Systems, No. 91, 1973 NFPA - Basic Classification of Flammable and Combustible Liquids, No. 321, 1976 45-301 C - Portable Tanks and Containers NFPA - Cleaning or Safeguarding Small Tanks and Containers, k No. 327, 1975 x 45-302D - Dip Tanks ?;, NFPA - Dip Tanks, No. 34, 1974 45-301E - Spray Finishing NFPA - Spray Application Using Flammable and Combustible Materials,. f: No. 3.3, 1977 45-301G - Dry Cleaning NFPA - Drycleaning Plants, No. 32, 1974 -44- R 3 a - 245 45-302D - Dust NFPA - Pulverized Fuel Systems, No. 60, 1973 . NFPA - Manufacturing and Handling Starch, No. 61A, 1973 NFPA - Grain Elevators and Bulk Grain Handling Facilities, No. 61B 1973 NFPA - Feed Mills, No. 61C, 1973 NFPA - Dust Explosion in Industrial Plants, No.. 63, 1975 NFPA - Aluminum, No.' 65, 1975 NFPA Pneumatic .Conveying Systems for Handling Feed, Flour, Grain and Other Agricultural Dusts, _No. 66, 1973 NFPA Blower and Exhaust Systems, No. 91, .1973 NFPA - Aluminum or Magnesium Powder, No. 651, 1974 NFPA - Coal.Preparation Plants, No. 653, 1971 NFPA _ Plastics Industry, No. 654, 1975 NFPA - Prevention of Sulphur Fires.and Explosions, No., 655, 1971 NFPA Spice Grinding Plants, No. 656, 1971 NFPA - Woodworking and Wood Flour Manufacturing Plants, No. 664, 1971 45-303 Hazardous Chemicals NFPA - Hazardous Chemicals Data, No. 49, 1975 45-303C - Flammable Solids NFPA - Titanium, No. .481, 1974 NFPA - Zirconium, No. 482M, 1974 45-303E - Oxidizing Materials NFPA - Storage'of Liquid and Solid Oxidizing Materials, No. 43A,. 1975 45-303G - Radioactive Materials ANSI - Radiation Symbol N2. 1, 1969 NFPA Facilities Handling Radioactive Materials, No.. 801, 1975 USDC - Safe Handling of Radioactive Materials, H92, 1964 NYDL Ionizing Radiation Protection, Industrial Code Rule No. 38 (12 NYCRR 38), effective July 10, 1978 45-303H - Unstable Chemicals NFPA.- Storage of.Ammonium Nitrate, No. 490, 1975 45-304B Bulk Oxygen NFPA - Bulk Oxygen Systems at Consumer Sites, No. 50, 1974 45-304C - .Hydrogen NFPA - Gasious Hydrogen Systems at' Consumer Sites, No. 50A, 1973 NFPA, - Liquified Hydrogen Systems at Consumer Sites, No. 50B, 1973 45-304D - Flammable Anesthetics NFPA - Inhalation Anesthetics, No. 56A, 1973 -45- 24:6 JUL 81980 .45-304E Nonflammable Medical Gases NFPA - Inhalation Anesthetics, No. 56A, 1973 NFPA - Nonflammable Medical Gas Systems, No. 56F, 1977 45-304F - Anhydrous Ammonia ANSI - Storage and Handling of-Anhydrous Ammonia, No. K61. 1-1972 45-305 - Explosives, Ammunition and Blasting Agents NFPA - Storage of.Ammonium Nitrate, No. 490, 1975 NFPA - Explosive Materials, No. 495, 1973 NFPA - Explosives, Motor Vehicle Terminals, No. 498, 1976 NYDL - . Sand, Gravel, Crushed Stone and Quarry Operations, Industrial Code Rule 17, 1974 NYDL - Underground Mining Operations, Industrial Code Rule 31, 1974 NYDL - Possession, Handling, Storage and Transportation of Explosives, Industrial Code Rule 39, 1973 _ NYDL - Open-Pit Mining Operations, Industrial Code Rule 51, 1974 45-306B - Welding and Cutting ANSI - Safety in Welding and Cutting, Z49. 1-1973 NFPA -Cutting and Welding Processes, No. 51B, 1977 45-306C - Oxy-Fuel Gas Welding and Cutting R NFPA - Orygen-Fuel Gas Systems for Welding and Cutting, No. 51, 1977 45-306E - Acetylene Generator Houses and Rooms ' NFPA - Acetylene Cylinder Charging Plants, No. . 51A, 1974 45-306F - Calcium Carbide Storage NFPA - Oxygen-Fuel Gas Systems for Welding and Cutting, No. 51, 1977 NFPA - Acetylene Cylinder Charging Plants, No. 51A, 1974 45-307 - Fumigants and Thermal Insecticidal Fogging Liquids NFPA - Fumigation, No. 57, 1973 45-311 Magnesium NFPA Storage, Handling and Processing of Magnesium, No. 48, 1974 NFPA - Aluminum or Magnesium Powder, No. 651, 1974 45-312 - Organic Coatings NFPA = Manufacture of Organic.Coatings, No. 35, 1976 45-315 - Cellulose Nitrate (Pyroxlin) Plastics NFPA - Storage of Pyroxlin Plastic, No. 40E, 1975 -46- DULY 8, 1980 45-316 - Cellulose Nitrate Motion Picture Film NFPA - Cellulose Nitrate. Motion Picture Film, No. 40, 1974 45-.404 Fire Exit Drills NFPA - Code for Safety to Life from Fire in Buildings and Structures, Chapter 17, No. 101, 1976 §45-603 This local law shall take effect immediately. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. SUPERVISOR PELL: The firemen are sitting in the front row here, : four. of them, and we want to .thank them for the. meetings they held. We met seven times, plus eight , lus a month .before we had the law drafted up. by the town attorney, we met, . I think it was,: every Tuesday night for a month to go over it page by page, word by word and these gentlemen were with us and the Town .Board, the entire Town Board involved. It was a lot of .work and I 'm finally glad to see it come to a head. Thank yo� firemen for your help. RESOLUTIONS COUNCILMAN NICKLES : I 'd like to offer a resolution thanking Lawrence Tuthill , our Town Engin er,: for, his time and efforts that he put in the Flood Plain Map. Some of you in the audience may not be aware but .there was come controversy in regard 'to this . They put the whole Peconic Bay area of. Southold into a V zone as opposed to an A zone which all. the south --north shore of the south shore- is; in. We .felt that it wa improper . The implications to being in a V zone as opposed to an A zone are quite substantial and Mr. Tuthill has done an excellent job. The Town Board. sent him down to Washington and are b ginning to get .the results back now. It is very tough dealing with the bureaucracy down there . - He has come up with about 50%' ch nge from the V zone to the Z zone, therefore, we would like to offe a resolution thanking him for his efforts in the past and continue _ efforts in the future and instruct . the Supervisor to write a letter in better prose than I am saying now. . 10. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that . Supervisor William R. Pell III forward a letter to ' . Town Engineer Lawrence Tuthill c mmending him for his accomplishments in having the Flood Insurance Ra e .Map (FIRM) revised to modify the zone designation of the floor having a one-percent chance of occurence in any given year (basD flood) for certain areas within the Town of Southold; and "encour ge Mr . Tuthill. to continue his efforts on behalf of the Town on certain other V zone designated areas . Vote of the Town Board: Ayes : Co ncilman Sullivan, Councilman Murdock, Councilman Nickles, Cou cilman Drum, Supervisor Pell . This resolution was declared duly adopted. 1 . Moved by Councilman Murdock, sec nded by Councilman Drum, WHEREAS, a petition was received from John J. M:iesner requesting a change of zone on certain prop rty at Cuichogue, =;New York, said petition for a change of zone f om "A" Residential and Agricultural District to "13=1" General Busine s District , now, therefore, be it RESOLVED that the Town Clerk of he Town of Southold be and she hereby is directed to transmit .t.' is application to the Southold ' Town Planning Board and Suffolk -tounty Department of Planning in accordance with Article XV, Section 100-150 (B) of the Code of the Town of Southold. Vote of the Town Board: Ayes : . Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 2 . On motion of Councilman Murdock, seconded by Councilman Sullivan, it was RESOLVED that the Southold Town Board declares itself lead agency 1 `9. JULY 8, 1980 in regard to the State Environmental Quality Review Act in the matter of the application of John J. Miesner for a change , of zone from "A" Residential and Agricultural- District to' 11B,-1" 'General: Business District on certain property located at Cutchogue, New York. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor ,Pell . This resolution was declared duly adopted. 3 . SUPERVISOR PELL':' Number 3'. Many of you people are here tonight . The Board today, the entire Board had people come in, two people give us letters on this and in today 's mail I received a number of them. The Board has not had- time to review this information. There are people here tonight , I believe, prepared to give us information tonight . We are going to delay any resolution on this (Constitutional Convention to write a Human Life Amendment ) until we have time to evaluate the information 'that was given to us today in the mail, at the working session of the Board and if anybody has anything they would like to present the Board now to have so when we do sit down to evaluate it we will have the facts . Does anybody wish- to present anything to the Board? (brief discussion with other Board members)---All right, now, we have a long agenda;: if there is to be a lot of debate on this I would like to go through the agenda and then come back to .this . So if other people want to stay they can. I see so many hands up I think I 'm going to ask you - we will come back to this subject after we go through the entire agenda. We will move on to Number 4 . A request from Kenneys Beach Association. 4 . On motion of Councilman Nickles, seconded by Councilman Sullivan, it was RESOLVED that: the Town Board of the. Town of Southold grant permi,s:sion to the. Kennys''Beach Civic Association to hold their annual picnic on the westerly 200 feet of the Kennys' Beach parking lot on Saturday afternoon, August 9, 1980; rain date August 16, 1980; providing the y secure the necessary insurance to hold the-Town of Southold Harmless . Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 5 . On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED ..that the Town Board of the Town of Southold approves the request of the Senior Citizens Club of Southold Township, Mattituck Unit , to hire two buses at $185 . 00 each to. transport their group to Port Jefferson on August 21, 1980. Vote-iof the Town Board: Ayes.:, Councilman Sullivan, Councilman ' Murdock, Councilman Nickles, Councilman Drum, Supervisor Pella This resolution was declared duly adopted. SUPERVISOR PELL: Number 6, resolution on Gull Pond. The Town Board today discussed with its attorney the pros and cons of Gull Pond if we had executed lease with the state, what the stipulations were if there were such a lease . We cannot find it in our files anywhere. We have instructed the Town Attorney to write the state, contact the state and get their. lease if they have one with the Town acid bring us up to date on what is what in Gull Pond area. In the mean time we will request the Trustees to hold everything in abeyance until we find out from New York State DEC and get .the information we seek from them. Now I know Gull Pond residents are here, if they have any questions , a couple, we will take it at this time, if not we can come back to it . , HERBERT MANDEL: The resolution which the Board passed on March llth giving the south end of the bulkhead, that is to say., its jurisdiction to the Board of Trustees, we have been apprised, is not a proper action . That in a sense it is a dereliction of the duties of this Board, an error which I am certain, if it is an error, they would not want to keep on the books, they would want to rectify by rescinding that specific resolution . It is believed that it is not property, in fact not legal, for the Board to give over its jurisdiction to another body. This is in accordance with the law of New York State. If in fact we find this not to be so, there are so many other reasons morally and ethically why this particular resolution should be rescinded. We would like the Board to consider its rescinding that particular resolution . Some of the reasons are that by insituting a marina at this point you JULY 8, 1980 249, would be violating the Town Code which requires that no marina be installed i,n,.;,a Class -A Rosidenti 1 Zone . This park i.s.. in a .Class A Residential Zone. We recognize that the Board, duly constituted authority .can modify and change the Code but in doiind to it does have 'to give proper notice, notice to the Town publicly, notice , to those affected directly just as I or . any other citizen would have to do in changing a zone. It is so stipulated in the Town Code. So .for this and many other reasons there are so many people who are against this occurence that we think the Board should also take that into consideration even if everything that was done was `strictly legal ,,. which we don ' t believe it to be, , we think. that the fact is that you would be forcing 'an issue on the public, against their will . , We don' t think this is proper government . We don' t think it ' s proper or fair to -the public. There are many other things we think, I don 't want to be the sole spokesman here but I think we '.ve created a mountain out of a molehill. I don 't think the game is worth the candle, . I. don 't think the war is going to 'be .won in this matter, I don 't thi.nk .there should be a war here. . . ItIs a public park and. the paper that you refer to I was able to get, I have a copy of the lease,. The lease i.s very questionable . But in the lease it does, state that the usuage for the park are to be just as those that existed .wi.th the original lease' which was for a thirty year term commencing in 1965 . The facts are very very clear. The meeting that you held in March. 11th. was not publicized in the official paper, nor was: the resolution publicized, nor was there any notice goven. And again on June 4th, when the Trustees acted pursuant to that resolution, there was no notice in the newspapers, there was no notice to the applicant . One of the duties of the Trustees, which of course is not pertinent to this Board, is to investigate such application. They gave a permit to either number one or number two ,both. of which. hap.pen to be, had they, investigated, above water , on dry land. The fellow would have to come in with an excavation equipment in order to keep his, boat there. So there really was, no investigation: But more important, there was no notice wither to the people who . are directly affected or to those indirectly affected. You've got 99 names on the petition, all people who. live in this area and I assure you there are many more who are also against it who are either unable or weren't available in time to sign that petition. I: think I've said enough, I think that the rest i.s up to you. NOEL LUTKOWSKI , 1 am a resident down there. I:t is my .understand- ing that the park was: created partially with state funds, it that correct? SUPERVISOR PELL: The ramp was, built, and the bulkhead with state funds, yes:. NOEL LUTKOWSKI : What that means then is that any resident in New - York State must be allowed to use the facilities of that beach. area, , is that correct? Which means that any res: _dent in New YOrk. State, whether he be a property owner of Southold Town or not should have an equal opportunity to use that bulkhead if this, resolution id declared illegal , is that correct? Which. means that this Town Board would then be opening up Southold Town waters: to non-Town residents and I. talked with. Mr . Stoutenburgh. the other night at the Boar'.d of Trustees meeting and he said that he felt that it 00 he never knew of any permits that were 'issued to non-Town residents. So I ask the Board to consider that aspect of the situation. Thank. you. SUPERVISOR PELL: As I said, we will write to the state for more facts and then get back to you. MR. LUTKOWSKI : When to you think that issue will agian be discussed publicly? TOWN ATTORNEY TASKER: As soon as I find out some of the basic underlying facts . MR. LUTKOWSKI : I think we would all like to be informed of when it is goin,g. to be discussed so we could be here to discuss it . SUPERVISOR PELL: Noel, you see me practically every other day. You have my word that I. will get in touch. ,with_ you. The agendas are prepared Firday afternoon before the Town 0 : , r L 25 f Y .._" > t , Board meets rig If yoto to callw Tawn `Hall :on Friday a ternoon before the 22nd you gill know what zs' on the agenda, yeu an st©p in .;and plck�a.n agenda up ' They are usually ready about 300 o'clock 2 00 or 3 60 o ' clock top and see: what Is on it and then you will know"a ' ? On notioriFof Councilman D um,' seconded by ;Councilman Nrck�es, it was I OLVEDfit�iat the To $oard of the Town of Southold rescind their Resolution No 20 dopted on -Junes 26, 1980 se 9 a public hearing'_ fox 3 45 P M , Tuesday, July.'.=22, _1980 in the matter of: the amendment the.-Code.6f..` e .Town of.;Southold, . Chapter ;92,, Vehicle and Tr'affi:c r Vote of i the 'Town' Board Ayes Councilman Sullivan, ; Councilman Murdock; Co�nc�lnan �Txckles, `Coun`cilman Drurn, Supervisor Pell Y. This resolu ion was _declared dull ado:pted:: ,_ ... $ On motion of Councilman Drum, seconded b Councilman Nickles, K . RESOLVED that the Town-,-,Board,='of the Tawn of Southold will -hol Ar� �x public ',hearsng at the Southold Town Ha11 Main Road Southold bf � York on., the 22nd' dap of July;;' 1980 at 3 45 P M at which tam f ) place all interested persons will be even Ali-o ortunt to = % gpp or Y tifn, heard u ;on the fol'lowxx�g _matt^er "'Local Law to amend Cha ter ;4 r p - p � ,. of "thy .Code ,of the Town Qf Southold in relat�o:n �ns", wlY2ch_ reads as -f©11ows s y ','"�h��� = BE ITN�CTET7 by the Town Board of the Town o SouGhold a - � . - Chapter 92.of the Code of the-Town of Southold is hereby amended-as follows: I. By amending Section 92-30 (Stop Intersections) by.adding thereto the following: Stop Sign On Direction of Travel . At Intersection with Hamlet :Bunny Lane South New Suffolk Avenue New Sufi" Deep Hole Drive (east) -North New Suffolk Avenue Mattituc? Deep Hole Drive.(west). North . New Suffolk Avenue Mattituck Fanning Road East New Suffolk Road New Suffolk -George Road East New Suffolk Road New Suffolk* Gin.Lane East Main Bayview.Road Southold . Grathwohl Road. . ,East New Suffolk Road New Suffolk Highwood Road East North Bayview Road Southold Hill Road West Wells Avenue Southold Jackson Street East First Street -New SuUn7' Laurelwood Drive South Peconic Bay Blvd. Laurel Leeward Drive ` North Jacobs Lane Southc�' Little Peconic Bay Road East ":Wunneweta Road Mechanic Street South East Youngs Avenue ' Souee.lold Midwood Road .West West Creek Avenue Cutchogue New Suffolk Avenue .East Fifth Street. New Suffolk New Suffolk Avenue ..West . Fifth Street New Suffolk North Street North Schoolhouse Road Cutchogue Oak Road- East New Suffolk Road New Suffolk Old Pasture Road East Pequash Avenue Cutchogue Rambler Road East . 'Main Bayview Road Southold Skunk Lane Extension West Nassau Point Road Cutchogi7 Stillwater Avenue West Stillwater and Track Aves'. Cutchogu Sunnyside Road East Hortons. Lane Southo,11. Topsail Lane East North Bayview Road Southold Tuthill Road East New Suffolk Road New Suffolk Vanston Road East Nassau Point Road Cutchogue Victoria Drive West Main Bayview Road Southold Wicks Road East New Suffolk Road New Suffolk w! Il. By amending Section 92-30 (Stop Intersections) by deleting therefrom the 'following: Direction -Stop Sign On of Travel At Intersection with Hamlet Airway Drive North New Suffolk Avenue Mattituck North New Suffolk Avenue Cutchogue Da:!pHole Drive . III. By amending Section 92-30 (Stop Intersections) in relation to Mary's Road Av venue in the Hamlet of Mattituck, by deleting the at its intersection with Wickham word "South" and substituting in place thereof the word "North". M. IV. By amending Section 92-32 .(Yield intersections) by adding .thereto the. following: Direction Yield sign On Of Travel At Intersection with Hamlet Mattituck New Suffolk Avenue -f-Airway.Drive . North' d Southold Main Bayview Road.:,.Bay Haven Lane East. Cedar Road East New Suffolk Road Cutchogue ,Colony Road West Bayview Avenue Greenport Eastwoqd Drive North Midwood Road Cutchogue �. Eastwood Drive South Midwood Road Cutchogue Fanning Road West Grath-%vohl Road New Suffolk East Main Bayview Road Southold Longview Lane Mattituck .ck Mill Road West Oregon Road Washington Avenue West Middleton Road Greenport V. By.amending Section 92-32 (Yield Intersections) by deleting therefrom the following:. Direction 'Yield Sig.n on of Travel At Intersection with Hamlet .Midwood Road North Eastwood astwood Road Cutchogue Midwood Road South Eastwood'od Road Cutchoguz Stillwater Avenue Cutchog,_L Track Avenue North VI. By amending Section tion 92-32 (Yield Intersections) in relation to Cledrwater Main Bayview Road in the Hamlet of Southold by deleting Lane at its intersection with Ma the words "Clearwater Lane" and.substituting in place.thereof the words "Clearview Avenue". VII. By amending Section 92-41 (Parking Prohibited at All Times) by adding thereto the following: _u 19 A" m 4 XI. By amending Section 92-43 (Parking1or Limited Time Ohly) by adding' thereto the following: Between the .Time Name of Street Side :Hours of Limits Location �- Duck Pond Road Both 7;00 a. m. and -2 Hours In Cutchogue, from V".61. : 0:00, P.M. guardrail at the northe . terminus, southerly for,.. distance of .400 feet. Love Lane East*-'. 8:00 a.m. and . .5,Minutes In Mattituck, for a distar ::-6:00 P.m..,,except of 48 feet northerly com- `Sunda s mencing from.a point 13C feet north of the'northerl curbline of New York Route 25. `:,-;,Skunk Lane Extension Both. 7:00.a. m. to 2..Hours In Cutchogue, 'from Peco, 10:00 P.m. Bay westerly for a distax, . ......... ,of 150 feet.,-.. cll U4._Ii_111.1' -Chapter 92, 'XII..* By adding a new Section thereto, amending Article IV by .,be Section 92-44 to read as.follows: .--Section .92-44. '"Stopping prohibited at all.1imes. . The stopping of vehicles is hereby prohibited at all times in any of the follow- ing locations. Name of Street Side Lo cation East In Love Lane Ea Mattituck, from. the north curbline of Pike Stree-i-1. ,. -northerly,for a distance of 20 feet. L O' ve-Lane Both In Mattituck, from the'south curbline of Pike Street.- southerly for a distance of 16 feet., Pike Street et Both In Mattituck, -from the east curbline of Love Lane., easterly for a distance of 16 feet. Pike Street South In Matt ittick from the west curbine of Love Lane,, westerly for a distance of 18 feet. - XIII. By amending Chapter 92,. -Article IV by adding a new Section thereto, to be Section 92-45 to read as follows: Section 92-45. Tarking prohibited at all times Fire Lanes The parking of Vehicles is hereby prohibited at all times in the following lane locations: Name of Street Side Location Love Lane West In Mattituck, from the north curbline of Pike Street, northerly for a distance of 40 feet. Love:Lane. " East In Mattituck, from the north curbline of New York Route,25, northerly for a distance of 20 feet. .)ve Lane West -In Mattituck, from the north, curbline of Sound Avenue, northerly for a distance of 75 feet... Pike Street South In Mattituck, from the easterly curbline of Westphalia Road, easterly for a distance of 12 feet. V111, By amending Section 92741.(Parking Prohibited at all Times) by deleting therefrom the following: Nam6 of Street Side Location Reeve Avenue" East; In Mattituck, from the southerly curbline of New York Route 25, southerly for a distance of 500 feet. IX.. By amending Section 92-42 (Parking Prohibited during Certain Hours) by adding ther.eto the following: Between the me'of Street Side Hours of Location' -Indian Neck Lane Both 10:00 p,.m. to In Peconic, from the guardrail 7:00 a. m., at the southerly end, northwest- erly for a distance of 200.feet. Reeve Avenue East 4:00 p.m. to In Mattituck, from the southerly 7:00 p.m. Saturdays curbline of New York Route 25 and southerly for a distance of 500 7:00 a.m. to feet. 1:00 p.m. Sundays Skunk LaneExtension Both 10:00.p. M. to In Cutchogue, from Peconic Bay 7:00 a.. m. westerly for a distance of 150 feet. X. By amending Section 92-42 (Parking Prohibited during Certain Hours) by deleting therefrom the following: Between the Name of Street Side Hours of Location VyA venue Both 10:00 P. M. to In Cutchogue, from Peconic Bay 7:00 a. m. westerly for a distance of 150 feet. At the shopping center located on-the.-north side of New York Route 25, approximately 1400 feet west of .Cox Lane in the. LIamlet of-Cutchogue, commonly known as the Key Food shopping center, such Fire Lane to be 30 feet in width from the southerl- sidewalk curbline on the south side (front) of the building,..and extending for the entire length of the store building. XIV . This .Local Law shall take effect immediately. Vote of- the. Town Board: Ayes: Councilman Sullivan, Counci.lT'an Murdock, Councilman: Nickles, Councilman Drum, Supervisor Pell . This resolution was_ declar.ed' -duly adopted: 9 . On motion of Councilman Nickles, seconded 'by.. Supervisor Pell , it_:was RESOLVED that.. the . Southold Town- Board declares: itself : lead .agency in regard to the State Env tonmenta.l Quality Review Act in t'h.e . matter;'af the application of Joseph L.... Townsend;, . Jr. for a wetland permit on certain_ property. located at: thb- north 'side of •Main- Road. adjacent to. Dam Pond Bridge, East Marion, New York.. Vote of the Town Bo-ard:..:Ayes : Councilman Sullivan, Councilman- Murdock,. - Councilman Nickles-:;.. Councilman- Drum, ::Sapery .sor. -Pell :This reso-lution was.. declar:e•.di-u•. adopted. SUPERVISOht PELt. Number 20 we already did.. .:: onto number- ''Soutthold:_Town, awarded. .a b-id.-for Mattituck and we-'.hafe to resdind . .t . It ;was ncorrectly..done.:,and at .this. time we:,..w ll rescind- .."it . .' 111 .Moved by -Councilman Murdock,''.seconded by Councilman Drum, WHEREAS., this Board: at a meeting held on - June -26.,:. 1980-_-accepted the bi.d of Jaiues. H Rambo., Inc.. for the replacement of bulkheads ng at Old Mill Road at Mattituck, and WHEREAS, the. specifications: for such work did not specify all of.. . the work .con.templated, and WHEREAS, James H. Ramb.o,�.:Inc . has consented that. the resoluti:.on adopted on June.. 26, : 1980 as' aforesaid be rescinded in order that % the TOwn may prepare new specifications to include all work con- templated and thereafter_ to readvertise for bids. for the wotk contemplated,, NOW,. THEREFORE, BE IT RESOLVED that Resolution . No . 22 "adopted on June 26 , .1980 be and, the same hereby is rescinded _ Vote of the. Town Board : Ayes: Councilman Sullivan,. Councilman Murdock, Councilman. Nlckles, Councilman Drum, Supervsor ,Pell . This resolution was :declare.d duly adopted,, 12 .0n motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Clerk of the Town of Southold be and she hereby is author.ized_:and :directed. to advertise for bids for the .bylkheading of approximately 75 lin. ft.. on Mattituck Creek at : Mill Road between Old--Mill Inn, and Anchor Inn .at Mat.titu.ck, New York. ' Vote of the Town Board:: Ayes : Councilman Sullivan, Councilman ` Murdock, Councilman Nickles, . Councilman Drum, Supervisor Pell . This resolution was declared duly adopted.'. 13 .On motion of Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold grants permission to the Board of Education of the Greenport Union Free School District - to use their summer recreation funds to sponsor a roller skating program during the winter season. Vote of the Town Board: Ayes : - Councilman Sullivan, Councilman iMiirdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 14.Moved by Councilman Drum, seconded by. Councilman NIckles, WHEREAS, the Fishers- Island Ferry District is carrying an accounts receivable entry on its books in the amount of $1, 642 . 00 owed by . L.C. Foyle & Son, and WHEREAS said account is deemed to be uncollectable, NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold directs that said account-'be written off as a bad debt. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell :. --- ------ This resolution was declared duly adopted . JULY 8, 1980 255' 15 . Moved by Councilman Murdock, seconded by Coucilman Drum, WHEREAS, the Fishers Island Ferry District operates a movie theatre during the summer months, and WHEREAS, the Board of;�'µyCommissioners wish to operate a theatre commencing on or about_"­Jtily .,n=a 1980 and also wish to engage the services of competent personnel, NOW, THEREFORE, BE IT RESOLVED that ,;the Town Board of the Town of Southold approves the hiring of the following persons be engaged effective July 1, 1980: Edwin Horning - Cashier $100. 00 per week J.B. Hartsfield-Projectionist= 25 . 00 per show Charles Stepanek - Clerk 50. 00 per week Vote of the Town Board: Ayes : Councilman Sullivan, Councilman. Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 16 . On motion of Councilman Sullivan, seconded by Councilman NIckles, it was RESOLVED thatthe Town Board of the Town of Southold grants per- mission to the Fishers Island School to use their summer recreation funds for an Evening Recreational Program during the winter months. Vote of the -Town -Board: Ayes : Councilman Sullivan, - Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. SUPERVISOR PELL: Number 27, I am again going to call .on Councilman Sullivan. COUNCILMAN SULLIVAN: This is in regard to the two soccer leagues that we have in ,the Town of Southold, Peconic Soccer League and North Fork Soccer Club, Inc. We decided a while ago to allocate the budgeted funds on the initiation for the enrollment of the particular leagues . We have .$600,00 amount in the budget and that is almost exactly $1 . 00 per child. We want to authorize the purchase of equipment for the Peconic Soccer League which encompasses the Village of Southold only for $171 . 00 and for the North Fork Soccer,, Club, Inc. which encompasses all but the hamlet of Southold for $430. 00 17.On motion of Councilman Sullivan, seconded by Councilman Nickles., i.t was RESOLVED :th.at the Town Board of the Town of Southold authorizes the purchase ,of equipment for the Peconic Soccer League in the amount of $171. 00 and the purchase of equipment for the North Fork Soccer Club, Inc . in the amount of $430 . 00 Vote of the Town Board : A.yes: . Councilman Sullivan, Councilman Murdock,, Councilman NIckles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted:' . SUPERVISOR PELL: Again from''Fishers Island. It is part of Southold Town as many of you do not realize, we do control their funds . They pay taxes to the Town, we have the constables there, the district they operate at their own expense but we are liable to control their funds. All their funds must go through and be approved for expen- ditures by this Town Board. This is our responsibility before they can pay anything we can okay it . Again we- are back to Fishers.... Island. 18 .Moved by Councilman Drum, seconded byCounci.lman Murdock, WHEREAS, Elizabeth. Airport at Fishers Island is in need of repairs and renovations, and WHEREAS, the cost of said repairs and renovations may quAlify for state and/or federal aid, and WHEREAS, the, Fishers Island Ferry .District has indicated that it will assume the required pro rata share of the cost of said slurry seal application, NOW,. THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold does hereby approve the expenditure of the Fishers Island Ferry District for its share of the cost of the slurry seal: applica- tion on both runway."§ at Elizabeth Airport . Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock., Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. COUNCILMAN SULLIVAN: This next resolution has to do with. th.e Nutrition Porgram. We will be reimbursed for thi.a amount from. the County but right now to pay we have have to transfer money JULY 8, 1980 from our Contingent Account to the Programs for the Aging. 19. On motion of Councilman Sullivan, seconded by Councilman Murdock, it was . RESOLVED that the Town Board of the Town of Southold authorizes the transfer of $176. 96 from General Fund Whole Town Contingent Account A1990.4 to Programs for the Aging A6772 .4 Vote of the Town Board: :Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. 20 . On motion of Councilman. Nickles, seconded by Councilman Sullivan., it was RESOLVED that the Town Board of the Town of Southold authorizes the, transfer of $'3, 150 . 00 from General Fund- Part Town Contingent . Account B1990.4 to Zoning B8010.4 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman- Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 21 is to hire William S)�n 'th. to represent the Board on the library grants when they work in the Matt.ituck. and Southold Library. He will serve, more 'or less;, as. Clerk. of the Works for the Board to 'oversee the job working on'. th:em. 21 .On motion of Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold h1re William Smith as Clerk of the Works for the Library Renovation work. for the prupose of providing access for the handicapped at a salary of $10. 00 per hour, not to exceed $1, 000. 00 Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL. We will go back to Item No. 3 at this: time to clear the agenda up. I will make two requests. The Board will be gald, and wants to listen to anybody who would like to speak. When you speak, use the microphone, state your name so the tape recorder can pick it up and pick up what you're saying. If you have a prepared text we would like to have a copy of it when you finish. The floor is open, wh`b would like to be first? ELOF CARLSON: I wish. the ' mat•ter of elective abortion was not a legislative one but one which reflects the personal moral crisis and unhappy choice that a woman must make about her family. That choice is often thrust on a family through the technology of modern medicine : Less than 15 years ago there was no such choice for the mother at risk for a child with a serious birth defect . There was no way -then to. diagnose a disorder before "it was born. But at the same time most of those children died young, many within the first year of bi.rth.. Today such. ch.ildren can be surgically- altered in radical ways: a misshapen face can have bone grafts to rebuild sockets around the eyes, big toes can be grafted on t_hem,b-. less hands, open heart surgery can correct faulty: valves and trans- posed vessels . Such children are subject to numerous medical procedures both painful and expensive and their full normalcy is often not attainable. The suugery is - often done on retarded children whose IQ will rarely be above 40 as an adult, and thus many of them will create psychological traumas for their family is raised at home or they will be enormously expensive for society- (an institutionalized child .with Down Syndrome costs several millions of dollars for its lifetime) . I remind you again that most of these children died mercifully of their genetic defects until our own generation. Here then is the nightmare you are asking society .to experience: five percent of . newborn children have a serious- birth. defect requiring major medical attention. That is part of the human condition. The production of sperm and eggs is an imperfct process and half of all fertilized eggs are so defective that they abort , most of them before the mother knows she is pregnant : With. increasing medical skills it may even be possible to rescue many of these defective fetuses, permittimg them to be born with. mult .ple abnormalties requiring tour de force surgery and specialized diets and medication to survive in specialized hospitals or hospices for their care. Is that what you mean to bequeath to the future? Again may I bring to your attention how fast this progress is. occurring? In 1960 there were about 400 human genetic disorders , known, none of ,which were diagnosable before birth and few of wh ;ch- were treatable. In 1980 there are over 3 , OOO human genetic dis- orders known, about 300 of them can be diagnosed prenatally and a JULY 8, 1980 257- substantial number can have their life expectancy prolonged but very few of the serious cases are rendered fully functional . New techniques of recombinabt DNA, much publicized in our national media, will make it .-.possible within ten years for thousands of genetic defects to be diagnosed prenatally. Should you be the arbiter of a family 's moral decision to not bring a seriously deformed child into the world? Why would a parent wish to give birth to a child whose life will be tormented with pain, suffering, and other in surmountable handicaps? Ts such .a parent evil? I project the future of medical technology before you because I believe the abortion issue is seen from too limited a persepctive . We have seen many times that a bad law can be worse than no law. Abortion, I believe, should remain a medical decision' between a woman and her physician. Thank you. JEAN TI.EDKE: I live in .Southold and. I 'm speaking for myself.: .. A national constitutional convention is an expensive undertaking and should be concerned only with legitimate constitutional matters . If the experience of, various state constitutional conventions is any indication, and New York has had them, Michigan has had them, other -states, such. a convention is very. likely to come to no conclusion whatsoever . The question of abortions is a serious, but a very personal , issue. It is my opinion that abortion is not a legitimate issue for a constitutional convention - it is a moral and religious matter, ac;matter of liberty and justice for all , and not subject to prohibitive legislation. This nation 's basic and historical dedication to separation of church and state, and the right of each o.f:�.us to choose our own religious path, must not be jeopardized. I_ urge that the Town Board not support this resolution. TERRY HARNAN: I am speaking for myself and also for about 67 other people who signed a petition which I have already handed to the Board. We too are against endorsing a federal constitutional convention and drafting a human rights amendment to the constitution banning abortion. We urge you not . to pass such a motion since we believe that a mother, wed or unwed, has a right to choose if she should have a child. We believe that the unwanted child faces an unhappy, uncertain future and that it may graduate only from being a burden on its mother to becoming a burden on the community. The mother of such. a child, too, faces difficult and complex problems which. mak.e her, in turn, also need the support of society to survive. This influences all of us as members of that society and as taxpayers. The news of this pending motion before the board reached us only on Sunday, morning. W .th .n ,a few hours - all the .time we had to spare - we had collected the signatures of the property-owning, tax-paying, and voting citizens, you will . see on the petitions already handed in. If there were more time I'm sure we could easily have mustered hundreds more . Just as government regulations and red tape are an unwanted interference with. the conduct of business, large and small, we feel they are an unwarranted and undue interference with the conduct of provate lives . We know it is a small but hard-working, well-organized group of people who have brought this question before you. We urge you to recognize the fact that they are a very small g:r.oup, like a tail wagging the dog, and that the great majority of us - men. and women - still believe in personal freedom from undue government regulations and in personal conscience, Religious freedom is guaranteed in the constitution and this .is a religious question which we think the Town Board should respect as a private matter . Lest you. think our viewpoint be hedonistic we will give just a short list of the many religious: organizations which makes up the Religious Coalition for Aborti.on .Rights, as follows: American Baptist Churches, American Jewish- Congress, Catholics for a Free Choice, the Christian Church (Disciple,s of Christ ) , Espiscopal Women's Caucus, Presbyterian. Church. in the U..S.. , Unitarian Universalist Association, United _ Methodist .Church, United Presbyterian Church, United Synagogue of American, United Church of Christ . These are commited to maintain the i973 Superme- Court decision which made abortion a legal medical procedure. To place into the Constitution the theology of one particular sect or religion which is against that 1973 Supreme Court decision, in ,effect , to destroy the religious freedom of the rest of us .. Does the Town Board feel it has the right to do this? We hope ,not . SUPERVISOR PELL: That was turned in this afternoon also. Mrs . Gunnison. I am going to try to. call on the residents of Southold Town first,. I see people here who I ,know are from outside of our township. I am trying to call on. our local residents first . So .F- , 25'4_ JULY 8 , 1980 if you are local residents keep your hand up, if you are not keep them down. until after the town people go first . WINIFRED GUNNISON: First I 'd like to call to your attention the fact that all of you stood up and saluted the flag and in that it said, "One nation under God. " Now I 'd like to remind you that two hundred years ago our founding fathers made some very pertinent remarks which I think are very relevant and meaningful today. This is what caused our nation to grow so beautifully up to a certain point in time. "We hold these truths to be self-evident that all men are created equal , that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. " Now, we know, especially today, thanks to all the latest medical information that there is a human being at the moment of fertilization and the fact that the child is help- less and dependent within a pregnant woman, certainly that should appeal to the greatest ideals in us that this child -- everybody here is darn lucky they 're here, their mothers didn ' t have an abortion. You wouldn 't even be here able to protest the fact that the unborn child has a right to life if it wasn't for the fact that your mother allowed you the right to life . The fact is today there is an awful loss of faith in the providence of God. Each one of these children is created by God. Now, some people will say that they're aethists. Then I would advise them to get out of the public library a marvelous book by an atheist Dr . Nathanson, Bernard Nathanson who wrote ABORTING AMERICA. After he had performed and witnessed so many abortions he came to realize that what would be the next thing, you would go bn creating more and more the death laws in this country and our coun try has always grown and it was marvelous and going up and up. It is only since 163 when prayer was taken out, '73 when a woman was given the legal right to commit murder, permit the murder of a child that we started to go down. You wonder about the oil and your inflation and everything. Why do you expect blbs.sings from God such as we had enjoyed when we paid attention to him and to his Ten Commandments. He said, "Look, if you want to have a happy life here and then come back to me afterwards, keep the Ten Commandments . " And one of them, Thou Shalt Not Kill . Especially an innocent , helpless human being. Our Lord himself said. "As you do unto the least of your brethen, you do it to me . " And I don 't know of anybody least of the brethen than that unborn baby that 's within the pregnant woman. There 's big long lists of men and woman who ' d love to have a child. All the agencies that used to provide the children of unwed mothers or even babies of a wed mother who figured she couldn ' t bring iip, it was given to a family home . It was given a good home . In the home of a man and woman who could not have children of their own. There are big long lists. These are all facts. But especially remember that our founding ' fathers their lives and their futures in the hands of God. Pray everybody,. whether you are Catholic, Protestant , Jew, pray, you 'd be amazed at the results. Thank you. ABIGAIL WICKHAM: I 'm speaking on behalf of th.e League of Women Voters of Riverhead-Southold. I am not here. to address you on the issue of abortion. The League does not have 'a poadti.on. for or against abortion and that .s not the issue here. The issue is whether th.e. Southold Town Board should adopt a resolution calling for a constitutional convention. The League. does have a position on this because we feel it has: great impact on the operation of government . The constitution provides that th.ereare 'two means. that there are two means in which. it may be. amended. One course which has been used numerous times and it i.s th.e: only time that the constitution has-, in its history, been amended, is- through. the calling for the--by: th.e. congress,. calling .for an amendment to the constitution by two-th.irds' vote and rat ti.cation by the '.state legislatures. There is a provision which indicates that the 'leg- islatures of the state may request a. convent .on. However, the' ' problem that could arise, were this to occur , are just so numerous that the most legal scholars have no way of answering many of the questions that could occur. For instance, .it is: very unclear how delegates would be selected, how votes, would. be allocated, what types of procedures would. be adopted and who would adopt them., how many issues could be decided, whether the one issue of the human life amendment would be considered, or any number of amendments . There are tremendous impl .cations, here that are 'un- answered and could create a lot of confusion not to mention extensive. litigation. It'd like to urge you first of all to h.esitate 'to ask for JULY 8, 1980 259, a constitutional convention for one issue that is, as other people have mentioned, a tremendously expensive, time consuming process for the taxpayers . Number two, I ' d like to indicate that this is really a matter, I think, for state and federal concern. Southold Town Board is charged with matters of. local determination. I don' t think that this is the type of matter that comes within their jurisdiction. I would suggest that if the people want to address their government on certain issues such as the human life amendment , they consider consulting their congressman, perhaps their state legislature . It is not the Town Board that should be taking the time to address this issue. Thank you. ROSE ELLEN STORM: I agree with what Miss Wickham said especially because I think too many politicians in this country are using abortion as a political issue, especially in small towns as a way of getting votes and I think the Town Board should really abstain themselves from it totally. It is s personal issue, it is also a very volatile issue in this country at this time and whether you are for it or against it has nothing to do with the basic issue . Your whole obligation is to run this Town, supervise the Town but not to tellawomen what to do with her body. Thank you. LORNA TUTHILL: I.'ve lived here for twnety-nine years and for twenty-two years I taught social studies in Southold School . Many states have recently called upon Congress to convene a constitutional convention for the purpose of amending the U.S. Constitution. The Southold Town Board is being asked to make a recommendation to the New York State Legislature that New York join them in their request . As a concerned citizen of this town I ask you to weigh the matter carefully before you endorse such a request . In some states anti- abortion forces have called for a convention to write a "human life" amendment that would outlaw abortion in this country. Other states have called for a constitutional convention for the single purpose of proposing a balanced budget amendment and have. specified that they would oppose any convention called for any other purpose. But no. one knows if a convention can be limited to the consideration of one purpose alone. This is only one of the unresolved problems a constitutional convention will raise. Never before in our 200 year history has there been a call for a constitutional convention. In the past , amendments have been proposed in the alternative way stated in Article V of the U. S. Constitution-by a vote of two thirds of both houses of Congress, and then ratified by three quarters of the states. There are no guidelines for the formation and .procedures of a convention. I ask you to think carefully about the following wuations, only a few of the many serious questions a call to convention raises : When a state calls for a constitutional convention does i.t require votes. in both legislative houses? Must a vote be by two-thirds- or is a simple majority sufficient? Can a state governor veto, the legislature ' s call? Who would be eligible to serve as a delegate to a consitiutional convention? How would such. delegates be elected? Could Congress appoint its own members as delegates.? Must the-L';states be equally represented as they were in the original constitutional convention in 1787? Or must the one- person one-vote rule apply? May Congress prescribe tules for the convention, or limit its amending power? How is the convention to be funded? Could Congress withhold appropriations? How long could the convention remain in session? Could Congress refuse to submit to the states for ratification an amendment proposed by the con- vention? Could Congress set a short time limit for ratification? Who would decide such disputes between Congress and the convention? How many amendments: could it consider? Could it ,perhaps, even consider amendments now in existence, our Bill of Rights, for example? You don 't know the answers to these questions. I don ' t know the answers. No one knows the answers to these questions . Constitutional scholars disagree on them. And no one knows if even the U. S . Supreme Court would have. the authority to resolve such disputes . Until these questions are answered, and I quote Harvard Law professor Laurence H. Tribe, a leading constitutional scholar, attempts to convene a constitutional convention, for whatever purpose, are "irresponsible profoundly misguided, and likely to precipitate a constitutional ctsis. " Under present conditions, no legislature that votes for a constitutional convention can possibly know what it is voting for. None of us could possibly know what the consequences of a convention would be . Until the rules are spelled out and made clear and unless they are consistent with principles of. airness and equality of representation, calls for a constitutional convention represent the opposite of elightened JULY 8, 1980 democracy. To call for a constitutional convention now is to ask the American people to buy a pig in a poke. Many states have passed resolutions without full committee hearings and public witnesses weren 't even allowed to testify. In other states there were no committee reports, and in sx .states there was no recorded vote. I commend you for allowing the people of thi.9� Town to speak and I. ask you to listen carefully to what we are saying. T ask .you to reject the call .for a constitutional convention, to refuse to ' lead the people of this Town and the State of New- York down this road of irresponsibility. Delegates for-the first. and only constitutional convention, added to our Constitution, the calling of a new: con- vention by the states as a safeguard against .the power of Congress, I.t was, part of an effort to, curb the power of Congress in the event . of extreme threats to state soverei.gnty.. No one thinks such a crisis now exists. None of the 'states- that, have called for a single-purpose constitutional convention seem to believe any general crisis does. exist . But .if we press for a const i.tutional convention without first establishing satisfactory rules, we may create just such. a crisis and threaten the stability and freedom wh:i;ch. is, our . American democracy.. And how- may the balanced budget advocates and the anti-abortion forces- e.ach. present their amendment? Bu using the method spelled out clearly in th.e. U.S. Cons:tit.ution. Congress, by a vote of two-th.irds- of both. 'h.ouses can propose a particular amend- ment . If ratified by three quarters of th states, the proposed amendment would become. part of the Constitution. I urge you, in the name of intelligent and responsible democracy to reject at. this. time. a call for a constitutional convention .for any purpose. That your resolution recommend that no constittitt o.nal convention .be called. Thank you. DR. CHARLES G.TLES : I am minister of the Fir.s.t. Un _versali.st .Church. of Southold and I: speak. for myself,_ although. I' believe most of my congregation does support, my position . S urge you to reject this call for a constitutional convention . ' As. y-ou''re surely aware, there are significant arguments on both sides of the abortion issue. It . is a difficult difficult tissue. On each. side. experts: with. equal qualifications d .s-agree. So long as experts: disagree it i.s not appropriate for the state to step in and arbitrarily. decide the matter on a show- of hands until there is: .some conc:ensus: by those trained experts we would' look. to for informed. gui-dance as to the ethical nature of abortion. It is not appropriate that any .action be taken by the government . DOLORES CARROLL: I 'm a resident of Southold.. The reason you are, approached, in order to get two-_thri,ds- of the senate . and .s.o forth,, we have to know- what your constituents want .. "I'f you in turn will transfer that information to those who represent us in Albany and they, with. the help of God, will transfer that information to the people in Washington no resolution or amen'dmen.t that concerns life and death. is� too small or to unimportant to be put before the people who can put it, put it in th..e. constitution , All all of. these abort. on.s, and all this talk. about how- many unfortunate people. there are, th-ere . were always unfortunate people, there were: always .poor people, cripple people, insane people . That 's part of th.e 'human life and that 's why provisions are made for them and so much. i.s being done for thme. There are children with 'the Down , Syndrome .who are doing wonderful th.i.ngs: and they are the pure pe.ople 'of. :the world because a lot of them, their minds cannot comprehend evi-l" . Nothing evil goes th.rough. th.ei.r minds. They are angels walking around and you should look. at them with. love and give:.:th.em .all-I he attnetion you can. In this country we are very happy, most people. are very generous. to them and we. pray for th.ezri constantly or these advances would not . be made. I' think. that we as Americans, if we-6want America. to be free we should act so that everyone is free, r'm getting old. T wouldn 't want . somebody to decidelartitrati.ly that we would live without her . .Actually I think if you tried to kill yoursel:f., I believe that 's against the. law, isn 't it . You're not supposed to commit suicide and there-' s - a law about i.t, you could be arrested if you didn 't succeed ;.n.r,killing yourself Think. about it, think' about it . PEG KAELIN: First of all I 'd like to say that the reason that anyone would bring this to the Town level is simply that we believe in democracy and that we believe the people that are closest to us are you on the Town level . Anyone who says that this issue -is too JULY 8, 1980 261 involved and should be left to the intellectuals is sadly mistaken in what this country stands for . I was under the impression that it is for the people and by the people. If we, as the people, find informa- tion reliable that we would like to present to you for any cause that we feel deeply about , we certainly hope that you ' ll hear us . As far as constitutional convention goes I believe you gentlemen received a copy of the Congressional Record of May 10, 1977 . If someone didn ' t, please let me know and I will certainly get you a copy. In that Congressman Hyde puts the entire Article V, which was drawn up by James Madison. It calls for the fact that both through the Congress, naturally, and through a convention mode we may obtain an amendment to our Constitution. But both ways must go back to the state legislatures for three-quarters of the state legislature. Only then will it become .an amendment to our con- stitution. The safeguards are right there. Abraham Lincoln thought it was very worthy. He said, "I favor rather than oppose a fair opportunity being afforded the people to act upon it" , referring to any amendment , "I will venture to add that to me the convention mode seems preferable in that it allows amendments to originate with the people themselves instead of.- only permitting them to take or reject propositions orginated by others- not especially chosen for the purpose and which might not be' precisely such as they would wish to either accept or refuse . " Both in 1971 the Senate Judiciary Committee and in 1973 the House of Delegates of the American Bar Association, in August of 173, both studied the complete procedures of the convention mode that would be used to have a constitutional convention. I would like to state here the American Bar Association, as far as limiting what a convention could do, clearly put that into their recommendation . After a two Year study of the subject , meaning the convention mode, have led us to conclude that a National Constitutional Convention can be- channelled so as not to be a force of that kind but rather an orderly mechanism of accepting constitutional change when circumstances require its use . The charge of radicalism does a disservice to the ability of states and people to act responsibly when dealing with the constitution . So .long as th.e convention method of proposing amendments to part of our .consti.tution it is proper to establish procedures- for its implementation. Those procedures, gentlemen, were adopted by our senate, of the United States Senate 84 to zero on October 1971 and by a voice vote on July 1973 . They were drawn up' by Senator Sam Ervin one of our greatest constitutional lawyers. I would certainly give copies of this, to the people h.e:re th:gt were. concerned about that ., I: wouldn't go into it, it is very ,.le.ngth.Iy, but. delegates and how they would be chosen, etc. i.s covered. . I would only say this, those of us who have been concerned for the human life for seven years have heard eight million people have been killed while we tried to .mpre.$.ac.congress. would also like you to know that i came across- some information that astounded me because. we keep saying legal means safe and .it does not, Tt does: not for twelve. women in I'llonois who died from abor..ton and wh6s,e deaths were only brought to light by the Chicago Sun. Times in November of 1978. They were documented. If we are not reporting in ,one 'state twelve women's; deaths and there are fifty states;, i.s that not too high a price to pay for what i.s called choice. .1 think. it is a terrible disservice that not only are thek killing th-e unborn child but we are killing his mother and that is, the reason T would like to see a human life amendment because T als-o believe that when we decided that seven men could stay that for social reasons th.e mother can have an abortion- what we said in turn was, that to solve social problems we are eliminating people. And when we. continue to carry that forth I can only, say that in the. very near future there will not be enough. people wo.rk 'ng to support those on social secuirty, or medicare and I can. only, see that what we are .going to have, which. 'we already have, .s; the. push. for e.uth.anas .a and when that happens we are going to eliminate. the. people `as, well and 1 have a fear that I may be among them, And so I' am speaking now for human life which. begins at conception.. The scientists- have told us th. a;. I' hope that each, one of you will have an opportunity to look. in the :book that I sent you that is scientific factual information. 'It is, not anything-Peggy Kaeli.n made up, T m, not that good. T s: .ncerely hope that you would urge a constitutional convention for the: human life amendment . Finally, whenthe American people, what recourse would we have if we did not ask, you to do this, 'what recourse do we have i,f, the Supreme Court hands, down a de.cisi.on wh:i:ch. we are :not inclined to agree. with. The only way that thi's abortion issue will ever comeback to the people 262:; JULY 8, 1980 to actually have them decide one way or the other, whether we ' re for or against the abortion issue is to have a constitutional con- vention to get a human life amendment and to send it to the people to be either accepted or rejected. Thank you. ED HANSEN: I am a pastor . The issue concerns this . The arguments that we have heard tonight , and I agree absolutely with Peg Kaelin that we have no other recourse. In 1973 the Supreme Court with one stroke of its pen overruled every state law concerning abortion or the prohibitation of abortion in our land without the approval of the United Stated Congress or without the approval of any local government or any state congress . This is why we bring it to you to discuss with you. The issues that are concerned here scare the daylights out of me for these simple reasons . They are, One : How much will it cost to keep a retarded child? What - is the human life worth? How much will it cost to save lives rather abort them? It is money and the love of it . The second thing is about the birth defects and deformities which h a7e become such an oppressive issue to-,.us that we refuse to love the child and so hate the deformity. Those are the values that are set forth. Will we love the child deformities or not or will we it like a peice of garbage? Those are the things that your consciences have to vote because we are made one nation not only under God but with a law that allows us liberty and freedom and when the law becomes arbitrary, whenthe law,'-becomes subject to the whims fo the people that have reason or truth behind it , then it becomes arbitarry law and that is a frighten- ing thing. So I want to stand here tonight and say that I would favor the call for a constitutional convention so that we may spare lives, so that we may restore lives, that we may return certain sanctity to life and I would say that whether I was a christian or whether I was not because lives are valuable. And that is what the issue is about and we are taking our stand --- until we see that everyone is guaranteed by their creator inalienable rights to life, the first one attacked, liberty which is destroyed because life is destroyed and then pursuit of happiness follows shortly thereafter to be desolved. These are the issues:. It is in defense of our constitution that we stand and not attack it . Thank you. MARGARET ASHTON: I 'm kind of shocked by the opposition to this home rule message that is being asked for .tonight because essentially what we are asking you to do is not decide the issue of right or wrong for abortion but simply give us the right to be heard in our government . And I: don ' t understand any opposition for simply giving us a voice. It will be decided later on in the federal government, back to us in the state, of whether abortion is wanted or not , I am confused also why or how the League of Women Voters. opposes the writing of the Constitution of the United States of America. I call it politicing to rewrite the constitution::.. CHARLES SCHUBERT: My,-wife Patricia is here=:. I ask that the Town Board call for a constitutional convention to write a human life amendment . and I just wish to agree with Reverend Hansen and Mrs . Kaelin. Thank you. DANNY REITER: Thank you for this opportunity. What I am going to say is a message to my madness so just trust me through it . Most of you know in 1961 I had a pretty severe accident in which I broke my spinal column, ended up in a wheel chair . The accident cost my family the wealth that they and at the time . As you know they owned a restaruant that is still prosperous to "this day; the Seafood Barge, they had to sell that to see me through and then New York State spent well over $50, 000 to keep me alive. Through it all, my time after the accident I got such support from the people in Southold . The government in Southold at that time. I am sure I would have had it at this time too had it come a little bit more currently. Thank God it hasn ' t . I was in a rehab center in New York City. I got to know quite well John Kennedy, Bobby Kennedy, other people that I had a chance to meet that I never would have met . I went on to a re,habilitation center, came back to Southold. Most graciously the school opened its doors. I graduated high school at that time as president of my class for three years. I later on after graduating from high school I got involved in music, had a chance to perform. Ed Sullivan, Columbia Records, Vanguard Records . Many many opportunities were afforded to me . After that I went on to college, or during that time 'I went on to college. I JULY"8, 1980 � ;. went to Suffolk Community, graduated there, wen on .to. Sto.,ny Brook., University, graduated there. Then I had the 'chance to. go on to Florida State University where I did graduate work.. " I'. came out certified to teach junior college. I taught undergraduate courses after my graduation. At that point I came back. to New York.. I began working at the Riverhead Mental Health. Cli.n .c as; a psycho- therapist . I am there to this day. I am now- the clinic administrator of that clinic . I want you to know really that what I: 'm. doing, I: 'm not trying to boast of any accomplishments, but what I am boasting is is that I had an opportunity, really had an opportunity. I remember so clearly a doctor who came to attend to me when I got hurt . I remember him telling my family, I gues he didn 't know ! was concious, to take a good look at him because he won ' t be there in the morning. And of course the fighting spirit within me said, he 's lull of crap. I had the change afforded to me and I support gdr .th.is. reason the call for a constitutional convention to discuss, to debate the human. life amendment . People have been so good to me, so good . to my folks, the people of Southold Township. I believe in the spirit out here. I think it is the thing that makes the Town of Southold very unique. When I 've been in Florida, whenI 've been in New York City, even when I go to the hostile land of Riverhead every day I 'm proud to be from Southold Township because of the chance qfforded me -and I: 'm so thank- ful for that . I believe that abortion, what we are .talki,ng about tonight --- If you could see the Riverhead Mental Health Clinic today, talk to some of the people that had abortions., th.ey 'know they lost a life.. Give them a chance and call for a convention. EHTEL PALLADINO: I 'm from Southold and I hadn ' t planned to speak tonight but I see you are all listening and that means: a lot to me. I feel that we have to have some hope that. our legislators are acting respons vely. The thing that disturbs me tonight when I heard some of the people saying that the mother should have the choice of having the child. To me th.ecfact that she 's pregnant she, made h.er ch.oi.ce right th.en. She is pregnant . . It you don't want children there are methods today, that if not against your conscience,, that you can prevent the pregnancy, if it is: not against your religion. Why wait until so late when a child is in the making here and I feel that 's acting totally irresponsi.vely to provide tax money to murder th.e;se. children. And, also, as a taxpayer I don 't want my money bei.ng' spent on that and I want to go on record as I. hope leg .s-lators- want to go on record .for live and not for killing anyone. J'EA,N TTEDKE: I: think. Mrs:. Palladino hit it right on the head. If we would all spend our time, our money, our emot.ions on planned parenthood, w . .ch. many of these people consider a naughty word, this- is the way to go in my opinion. I do not .thi.nk. a const.itut. oval convention would do it but I think that we could turn everybody around and get th.i.s: problem of unwanted children without having to go through. the abortion mill. SYBIL WINTERNITZ: I just say that these women who are so sold on Having this convention have never done any real honest to God charity work with the poor . I have . I worked in New York City with poor people. Worked with girls, for instance, and asked one girl who she happened to get pregnant or what she did it-- for. She said fifty cents . Thank that over . Do you think we should be against that kind of being able to take care of,,a._)person like that and relieve - remove that unwanted fetus? This is: not a human life. I say let them to a little charity work and they 'll be more in favor of decent , clean legal abortion. REVEREND ALEXANDER SIME : I would like to speak. I 'm sorry I 'm late and I haven ' t heard what cause before. ` I would really like to speak to the question of a consititutional convention, and I have some very grave concerns about the possibility of calling one. I imagine someone else may have spoken on this already. If they have I would be very happy to sit down. SUPERVISOR PELL: I don 't think they missed a thing, but go ahead we 'd like to hear it . REVEREND SIME : As i understand it there has never been a consti,tut ,onal convention called in the history of our country. The one article of the constitution that deals with it is very vague as to how it should be called, who shall be::-elected and there doesn ' t appear to be a limitation or any way which you can limit a constitutional G+U JULY 8 , 1980 convention from not considering the whole constitution and perhaps rewriting the whole constitution . I would think that you are opening a pandora' s box. For two hundred years this country has managed in good times and bad somehow to right itself largely on the basis of constitutional law. I would be most reluctant really to open that door simply because there are people who have a perfect right to be concerned about a single issue feeling that this is the one way they are going. to be able to get that which they want . I really feel there are other ways effectively they can express their opinion and get their voice heard than to take such a route which is going to be expensive at best , problematical at worst , a question when it is resolved perhaps leading to major changes in the constitution:.which will change the entire direction of our country. For that I am very much concerned. Thank you. CHARLES R. HEDBERG: I represent Zero Population Growth here on Long Island and with amny members here in Southold Town. For many years we have been at the forefront of" the abortion issue through associated organizations and what you have you put in this issue after hearing the pros and cons that were given tonight it still seems to be yes and no . There is a myriad of theologians and clusters on eiyher side all think they 're right and has been said before there are the best minds in the country and they can ' t make up their minds . Thsi is a prepared statement we put together : What on the surface appears to be a pro/choice, anti/choice question in regard to a woman 's right to abortion (c concept that is really not within the mandates of any Town Board) in yruth emcompasses a much more fundamental concern . The underlying concern is the ramifications, involved in a request for a constitutional convention . The strength. of America has been based on the solidarity of the constitution Through this document, a nation has been created which has been a model for government stability and strength in an unstable world for over 200 years . We just celebrated our Fourth of July in the showing again of support of the constitution and founding fathers . The proposal before this Board -directly refutes the genious of our forefathers when our nation was founded. A request calling for a concention - which in essence calls for a rewritten constitution - which if it goes any which way it has been discussed tonight - sets a dangerous precedent for any single-issue political thrust to change the direction of a total society. (The problem that many of the unstable nations of the world repeatedly face today. ) In a time when we find our nation of diverse cultures beset by. sociAl problems., .such as boatpeople, refugees and people actually going across burning -eserts to get into our nation are dying in the middle of it , an attack on the focus point - our constitution - can only exacerbate these problems. The Suffolk county Chapter .of Zero ,Population Growth. requests that you carefully consider the over-all ramifications of asking for a constitutional convention and be' aware that such a convention would be totally devoid of direction and/or guidelines as defined in the constitution itself, except as brought out , very vague things which Mr. Hyde seems to have pulled out very strongly, opening up the possibility of many other unforeseen changes in our form of government . Thank you. RICHARD CUMMINGS : Thank you Supervisor Pell, members of the Town Board. My name is Richard Cummings . I am a neighbor of yours from Bridgehampton which is the southern portion of Peconic . There are a few things which haven 't been said about this proposal that I want to raise in urging you not to support a convention for a pro life amendment ..--Two specific points I wish to make and so many others have been made . One is, the pro life amendment creates the danger of an out and out -bsolute ban on abortion . � It may be in many cases that the mother 's life is in danger as well . In that case an absolute ban on abortion would create very serious problems. so that family wouldn ' t have the choice as to whi.ch ' life would be preserved. Under those circumstances I think we must be very cautious before we come -to a definite .conclusi.on. on an amendment that could conceivably ban all forms of abortion.. The second issue which hasn ' t been discussed here this evening is the existencd. of,. abortion prior to the laws that exist now. Many of the good people who spole in opposition to abortion on .strong moral ggound, which I respect , have not taken into consideration that period of history in our state and in the rest of the states in .the. country when abortions were banned. At that. time probably an equal number of abortions were performed. The only difference was they were done illegally for the wealthy by doctors in private hospitals JULY 8, 1980 26 _ for a great deal of money or for the poor in back alleys in unsanitary harmful conditions . It ' s not as though abortions did not occur when they banned. As a constitutional lawyer and as a student of our legal system I would remind you that one of the biggest problems we have ti to create a constancy in our obedience to laws that can be enforced. However strongly we feel on an issue of morality we must ask ourselves whether or not that kind of legislation is enforcable . If it isn ' t we are opening a .pandora ' s box of illegality. I could argue in the case of prohibition but this matter is even more serious than that . The illegal abortions that were performed were very farmful to the women that had them. They had their right to life as well and consequently I would ask you to act judiciously and with restraint in this matter . Thank you very much-: for the privilege of speaking. ROBERT C. GOTTLIEB.':. Supervisor Pell , members of the Town Board, i thank you for the opportunity to address you. Even before going on with the remarks that I have prepared, I think that the intensity, ' the sincerity of both sides of this question regarding the question of abortion and even regarding the issue of a constttutional amend- ment should be indicative or .evidence enough. The reason why it is not an appropriate subject , appropriate for legislation on ':a town board level and as a candidate for the New York State Senate I have had ample opportunity to speak to hundreds upon hundreds of residents of Southold and throughout the First Senatorial District and I can tell you and I an sure you well know that the people are desparate for governmental action on many issues . They are desparate for action of property tax reform, reducing cost of education, finding alternative energy sources, establishing mass transit Systems, protecting our farmlands, and supporting our new vineyards in this area. They are looking to you and to the state legislature and they are looking to the federal government--- SUPERVISOR PELL: On the topic, please . MR. GOTTLIEB- Therefore, those who come before .you with a resolution providing a constitutional amendment for strictly abortion serve only to divert your attention, divert your attention and energy form handling those issues which are within your jurisdiction. Those who ask you to endorse such a constitutional amendment ignor the essence of our Constitution .and our Declaration of Independence that we just recently celebrated. I therefore .ask you, taking all of that into acocunt , realizing your jurisdiction and your obligation, to satand tall, to be courageous. and finally to proclaim the true meaning of the Constitution. If you feel you must say something on the issue of abortion,. I implore you to state that you. .will protect and defend any woman ' s right not to have an abortion and that you will protect and defend any woman ' s right, if her moral beliefs allow, to have an abortion. By that statement or by defeating yhe resolution that .s before I believe that you truly will be the protectors of our wonderous and must fundamental freedoms. Thank you. WILLIAM REEVES: I wish to present a statement tonight . This evening I wish. to voice the point of view of a large majority of the people of the United States concerning abortion. The results of a national Gallup poll demonstrate that this opinion is held by four-fifth so our population - More than 85 percent of the respondents of this poll agreed with. the statement that the choice to carry a fetus to term or to end a pregnancy by medical abortion is and should remain the right of a pregnant woman . This right has been upheld by the United States Supreme Court in numerous decisions since 1973. Most citizens. and most public officials are unaware of the numerous religious, moral and ethical arguments supporting the protection of abortion rights . These rights are jeopardized by the proposals for a Human Rights Amendment to the United States Constitution. The Constitustion provides for two methods of amendment . The first involves passage by two-thirds majority'. of both houses -of Congress--followed by ratification by three-fourths of the state legislators. The second requires passage by a Constitutional Convention requested by action of the legislatures of two-thirds of the states followed by ratification by the legislatures. All the amendments added to .the Constitution since the adoption of this remarkable document have been incorporated by means of the first method. The use of the second procedure, the Constitiuti.onal Convention, it too risky because it gives enormous power to the delegates to the convention. The delegates could develop amendments that would drastically change our federal govern- JULY 8, 1980 menu. We should remember that the original constitutional convention was convened to amend the Articles of Confederation., Instead it scrapped that document and wrote our present Constitution. A con- stitutional convention called now might propose additional amendments relating to current issues such as a limit on the federal budget . 4 federal sanctions of capital punishment , and on the subject of school busing. The January 22, 1973 decision of the Supreme Court supporting abortion rights was based in part on the "right to privacy" guaranteed by the Bill of Rights . The "right to privacy" dreives from the reservation of all previously unenumerated rights to the citizens rather than to the state or federal government . Because the-court recognized that abortion is a moral decision on which there is no concensus, ti ruled that the- government has no right to force a citizen to make a decision about abortion other than at the guidance of individual conscience. The proposal for a constitutional convention to adopt a Human Life Amendment is fraught with the following problems; 1. Thi amendment is ,inconsistent with the history .,and law, of the First Amendment in that it would give governmental sanction to one set of moral and religious views on the issue of when life begins; 2 . Such an amendment is inconsistent with the Ninth Amendment in that it would outlaw a common law liberty held by American women when the Bill of Rights was adopted a right retained by the people which could not be disparaged or denied by the government ; 3 . The Human Life Amendment is inconsistent with.- the Fourteenth Amendment in that prohibition of abortion would infringe upon the fundamental liberty to' limit childbearing with - otu the due process required by that amendment ; 4 . If enacted and enforced, the proposed amendment would create chaos in the private law in courts, tax law, property law, and the criminal law; 5 . This amendment would jeoparidze the professional judgement of physicians concerning the care of theirpatients which would lead to an increase in maternal mortality, especailly among the poor as a result of illegal and unsafe abortions; and 6 . The enactment of an anti- abortion constitutional amendment withdrawing rights recognized by previous supreme court decisions would start a p rocess of under- mining the civil rights fabric of the Constitution. Already eighteen states have requested a constitutional convention. The action taken by this Board may seem to be insignificant to some . However, your resolution will be noted by your constituents and members of the state legislature as an expression of public opinion. I urge you to speak for the majority who wish to preserve the rights and liberties that have been protected by our Constitiit.ion.�,., Bill of Rights, and the body of law that has served us well for nearly two . hundred years . You can do so by defeating the resolution to support a call for a constitutional convention. Thank you. SUPERVISOR PELL: I 'd like to cut this off at half past nine . We have other items we will have to discuss yet and we have been on this for well over an hour . Go ahead. PAT REEVES : I am an ordained Ruling Elder in the Presbyterian Church. This evening I represent the Presbytery of Long Island which consists of 59 Presbyterian Churches in Suffolk and Nassau Counties . Our Executive Presbyter, the Reverend James Pierce, prepared a statement which I will read in his behalf since he is not able to be here. "Dear. Friends : The Presbytery of Long Island composed of .59 churches in Nassau and Suffolk Counties, voted over- whelmingly on June 17, 1980 at a regular Stated Meeting held at the First Presbyterian Church of Southampton to oppose calling for a constitutional convention . Presbytery ministers and elders voted to oppose such. a convention for several reasons. . Th.e primary one being the subterfuge of enacting an amendment proh .b.i:;t .ng abortion. The position of our Presbytery and the United Presbyterian Church,,: USA is to support free choice of women as it relates� to pregnancy. _ The Presbytery of Long Island is also opposed to the call of con- stitutional convention because of the potentiality of vi.olating the democratic standard of proportionate representation. As a body we also oppose it because there is no assurance of the fundamental gurantees of the Bill of Rights for all citizens to remain in tact. No precedent exists in our 200 year history and as such, no procedures, guidelines, and, limits of accountability, are defined or established. We stand in opposition to the' "Human Life"' amendment because one theology of a particular religious group cannot be imposed by law in a pluristic society and further that the legal definition of "personhood" continues to be undefined.. The reality_ of our society is that the Human Life Amendment will not stop JULY 8, 1980 267' abortion, it would only ban abortion in a clinical, sanitary, and theraputic situation. " And enclosed is the official resolution adopted by the Presbytery. Thank you. ANN HAMILTON: I::,.an from Setauket . I would just like to take up one point . I have a statement to make that I would like in this meeting point to be corrected, which was that if a Human Life Amendment is imported out to the states it will in some way be voted on by the people. This is not so, it would be voted on by the states and it would be less than normally democratic because one state with a huge population would have the same vote as one state with a tiny population. It would never be a referendum. My statement is as follows : I am .co-ordinator of the Suffolk Abortion Rights Campaign . Our network of pro-choice activists includes Southold Town residents. We are active because although the question of abortion belongs in the moral sphere it is being struggled over in the political sphere . So we are fighting Politically to keep the right to choose. We refuse to allow the strong feelings of anti-choice zealots to change the whole nature of our society. Our constitution is the cornerstone of our society. We will not allow it to be chipped at or dislodged. Religious freedom is our pride. We will not allow one religious view of a whole area of human life, namely sexuality, to be imposed on all the diverse people in this country, especially on women in their diversity. I have in my hand the Rules and Regulations of the Right to Life party. To receive the endorsement of that party - that is, to get your name on their ballot line and thereby gain the roughly five percent of the vote that line brings in - you must promise in writing to support the party 's aim of reversing the Roe v. Wade decision legalizing abortion and of passing of an amendment to the Federal Constitution outlawing all abortion. In the form sponsored by Assemblyman Flanagan for New York State there are no provisions for abortion even to save the life of the mother. How many anti- choice enthusiasts here today would really want for herself or her daughter to proceed with a pregnancy at the cost of her own or her daughters life? There is no rationality behind the anti- choice position. But there is politics . Town Board members, be the first to strike back at this menace. Decide before you vote whether you believe there should be a constitutional amendment against abortion. I am wearing a black armband mourning for those who will die or be crippled because of the recent Supreme - Court decision. Due to that decision many poor, often very young women will be deprived of the medical service of abortion. They will have few choices : to seek a dangerous cut-rate abortion using their family' s food money to pay for it; to inflict abortion upon them- selves to obtain hospital treatment after maiming themselves; to carry their unwanted pregnancy to term. Do you believe those con- ditions should be made worse? That poor and middle income people should have only organized .crime to turn to for unsafe, highpriced abortions carrying jail penalities or worse if discovered? If you believe that , should you impose your belief on your c:constiuents? If you are simply looking for or paying for the favor of the Right to Life Party, think again. The strength of that party is a myth - a potent myth - not a reality. Last November that party endorsed candidates in nearly a hundred races in this country. Those candidates Won in about half of the races. But only three candidates needed Right to Life line votes to .win . The rest would have won anyway, without making pledges to the party, without conceivably prostituting them- selves politically for a few more votes. This year more and more people will be deciding to vote against all candidates endorsed by the Right to Life Party. That line will be a liability. Do your- selves as well as your constituents a favor. Vote . agai.nst this resolution. Thank you. SUPERVISOR PELL: The Town Board wants to thank. all of you for coming out, all of you that mailed statements in, made them tonight . We thank you. The Town Clerk will type up the minutes for the Town Board. We will evaluate all th.e information that was given to us . Q - When:-the Town Board discusses this again will it be. duly publicized as well as the agendas so people will know? SUPERVISOR PELL: It will be on the agenda I Would like to make an announcement at this. time and I hope the press will pick it up and pick it up .correctly. Do I have the 268';. JULY 8 1980;; eyes and ears of the press'? ' On July 18, 7 : 30 P.M. there will be a public information meeting held here conducted by the , County Department of Public -Works to explain the bridge process of the three bridges on New Suffolk Avenue which is under consideration for repair and the one on Oaklawn Drive . That is a Friday night , July 18th, 7: 30 P.M. I have more calls on that than any other calls in the Town Hall the last few days . I 'd like at this time to ask the Town Board members if they have anything else to bring up? Larry? Henry? John? George? (No response. ) Anything from the audience other than what we discussed? Any other topic? Motion in order, gentlemen. On motion of Councilman Drum, seconded by _Councilmari Sullivan, it was RESOLVED that there being no further business to cone before this Town Board meeting adjournment be called at 9:40 P..M. . Vote of the Town Board: AyoS :. Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell . This resolution was declared duly adopted. Judith _T Term Town Clerk 7