After a fatal fire in Noyac last August, Sag Harbor officials began crafting a rental registry law they hoped would create a set of standards that would prevent a similar tragedy from occurring in the village.
But when the proposal was aired at a public hearing on Tuesday, March 14, some board members were uncomfortable with just how a rental property would be registered under the new law.
Trustee Aidan Corish took issue with a paragraph calling for homeowners to present to the village a written certification from a licensed architect, engineer or home inspector, stating that the property “complies with every provision” of the village code, county sanitary and housing regulations, and the New York State building and fire codes. Alternatively, a homeowner could request that an inspection be conducted by the village code enforcement officer.
Corish said he had spoken to a number of architects and engineers and had not found anyone who would be willing to sign off on such a certificate, because of the broad sweep of the requirements and the potential for being liable for any shortcomings. He also objected to the village taking on the duty of providing its own inspections, again citing potential liability.
“I think the responsibility should rest with the homeowner,” he said, adding that they should be required to submit a notarized statement indicating that their home meets all the safety and health requirements.
Trustee Bob Plumb concurred. “We would just be taking on more liability than we should,” he said. “Even if an inspector walked through and a smoke detector fell off the wall and it wasn’t there when there was a fire the following day, you’d still be liable in a way.”
He added that most insurance companies allow a homeowner to add a rental amendment at modest cost to their policy.
Trustee Tom Gardella, a former fire chief and active member of the department, said his wish was for a law that would be easily understood and that would encourage compliance.
“We want to make people aware that smoke alarms, means of egress, carbon monoxide detectors are critical if you are renting your house,” he said. “Whatever accomplishes that in a simple form is what we should strive for.”
Mayor Jim Larocca said last summer’s “horrible tragedy has awakened a lot of people.” But he said it appeared that Southampton Town’s own rental registry was “so complex and not enforced in any meaningful way.”
He agreed that the village should not let homeowners off the hook when it comes to proving that their properties are safe, but that he would like to “have some device in our own tool kit” as well.
The board agreed to refer the matter back to Village Attorney Liz Vail for revision, and will revisit it next month.
The board also tabled a proposal that would tighten code language for property clearing.
Pat Trunzo, the owner of the Marsden Street properties being eyed for possible acquisition by the Southampton Town Community Preservation Fund, offered a nearly four-page, single-spaced list of recommended changes to the new law, which, he said was a step in the right direction, but too vague.
Eileen Rosenberg, who served on a committee that helped propose the new clearing code, said it was a long time in the making. She said the initial interest was sparked several years ago when a property owner clear cut a nearly 3-acre parcel on Lighthouse Lane.
She offered five items she said would strengthen the proposal. One would require a buffer along the side and rear of a property that would be added to the percentage of property that would have to remain uncleared. A second would require that property owners retain the uncleared portions of their land over time, and a third would define mature and specimen trees for safeguarding. Finally, she suggested that the proposal include tougher penalties for violators and that a copy of a native plant guide be added to the legislation.
Stephen J. Kotz on Mar 15, 2023