Riverhead, N.Y., Code of Ordinances ch. 263 (eCode360 ed. 2026) § 263-5.1
Life safety features required for third-floor occupancies
Operative Text
A. Notwithstanding any letter(s), designation(s), certification(s) or other recognition(s) that a structure is or maintains a use or condition existing prior to the adoption of any local zoning or building ordinances or codes, it shall hereafter be the policy of the Town of Riverhead that no rental permit shall be issued approving a rental occupancy of any multifamily dwelling as defined in this chapter wherein a third floor (above grade plane) is maintained and used as living or sleeping space and/or where more than two separate and distinct rental dwelling units are contained within a multifamily dwelling as defined in this chapter unless a residential fire sprinkler protection system and interconnected smoke detection and alarm system, approved by the Riverhead Town Fire Marshal, is installed throughout the structure in accordance with the New York State Building and Fire Code. B. Notwithstanding any letter(s), designation(s), certification(s) or other recognition(s) that a structure is or maintains a use or condition existing prior to the adoption of any local zoning or building ordinances or codes, it shall hereafter be the policy of the Town of Riverhead that no rental permit shall be issued approving a rental occupancy of any multifamily dwelling as defined in this chapter wherein a third floor (above grade plane) is maintained and used as living or sleeping space unless a secondary means of egress in accordance with the New York State Building and Fire Code, approved by the Riverhead Fire Marshal, is available in the event of a fire or other emergency condition.
Riverhead, N.Y., Code of Ordinances ch. 263 § 263-5.1 establishes that multifamily dwellings with a third floor used for living or sleeping, or with more than two separate rental units, cannot receive a rental permit unless a fire sprinkler system and an interconnected smoke detection and alarm system are installed throughout the building. Additionally, any multifamily dwelling with a third-floor living or sleeping space must also provide a secondary means of egress for emergencies. These requirements apply regardless of any prior nonconforming-use status, grandfathering letters, or historical designations the property may hold.
Plain English — not legal advice.
Operators of multifamily rental properties in Riverhead should be aware that § 263-5.1 makes fire sprinklers and interconnected smoke alarms a prerequisite for obtaining a rental permit on any building with a third-floor living space or more than two rental units. A compliant operator typically ensures that both systems are installed throughout the entire structure and approved by the Riverhead Town Fire Marshal before seeking permit issuance. Owners of third-floor occupancies also generally confirm that a code-compliant secondary means of egress is in place and approved, since prior nonconforming-use designations or grandfathering certifications do not exempt a property from these requirements under § 263-5.1.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Riverhead, N.Y., Code of Ordinances ch. 263 § 263-5.1, tenants living on a third floor or in a building with more than two rental units have an interest in knowing whether their building holds a valid rental permit backed by an approved fire sprinkler system, interconnected smoke alarms, and—for third-floor occupancies—a secondary means of egress. If these systems are absent, the building may not legally hold a rental permit under § 263-5.1, which could be relevant information when raising a housing complaint. Tenants who have concerns about compliance may consider contacting the Riverhead Town Fire Marshal's office, a local tenant-rights organization, or a housing attorney to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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