[Amended 5-16-2017 by L.L. No. 5-2017; 11-30-2021 by L.L. No. 8-2021]
A. The
applicability of the New York State Uniform Fire Prevention and Building
Code, and the New York State Energy Conservation Construction Code
(hereinafter referred to as the "State Energy Code"), were previously
accepted by the Town of Orangetown by Local Law No. 5 of 2017, which
was adopted by the Town Board of the Town of Orangetown on May 16,
2017; and the Town of Orangetown hereby now adopts, as its local energy
conservation construction code, the State Energy Code, as modified
in the manner contemplated by NYStretch Energy Code 2020, Version
1.0, dated July 2019 (hereinafter referred to as "NYStretch"). Such
local energy conservation construction code shall consist of the provisions
currently set forth in Part 1240 and in the publications currently
incorporated by reference in Part 1240; provided, however, that the
Energy Conservation Construction Code of New York State (hereinafter
referred to as the "2020 ECCCNYS"), and ASHRAE 90.1-2016, shall be
deemed to be modified as follows:
(1) In each case where a section, table, or appendix in the 2018 IECC
is modified by NYStretch, the corresponding section, table, or appendix
in the 2020 ECCCNYS shall be deemed to be modified in the same manner;
(2) In each case where a section, table, or appendix is added to the
2018 IECC by NYStretch, such section, table, or appendix shall be
deemed to be added to the 2020 ECCCNYS subject to the following exception:
(a) Section R403.6.2 added to the 2018 IECC by NYStretch shall not be
deemed to be added to the 2020 ECCCNYS.
(3) Each section or table in ASHRAE 90.1-2016 that is modified by NYStretch
shall be deemed to be so modified; and
(4) Each section added to ASHRAE 90.1-2016 by NYStretch shall be deemed
to be added to ASHRAE 90.1-2016.
B. A
copy of NYStretch is annexed hereto and made part hereof.
[Added 11-30-2021 by L.L.
No. 8-2021]
The local energy conservation construction code, as hereby adopted,
shall be applicable to all buildings constructed, substantially renovated
or altered in the Town of Orangetown on or after the effective date
of this section, and to all additions to buildings in the Town of
Orangetown made on or after the effective date of this section. However,
pursuant to NYS Energy Law § 11-109(2):
A. If a copy of this section is filed with the New York State Department
of State, Division of Building Standards and Codes, as Secretariat
for the Code Council, within 30 days after adoption of this section,
and if the Code Council shall subsequently determine that the local
energy conservation construction code, as hereby adopted, is not more
restrictive than the State Energy Code, then on and after the date
of such determination, the local energy conservation construction
code, as hereby adopted, shall no longer be enforced and the State
Energy Code shall be applicable and shall be enforced in the Town
of Orangetown; and
B. If a copy of this section is not filed with the New York State Department
of State, Division of Building Standards and Codes, as Secretariat
for the Code Council, within 30 days after adoption of this section,
then the local energy conservation construction code, as hereby adopted,
shall not be enforceable until and unless the Code Council shall determine
that such local energy conservation construction code is more restrictive
than the State Energy Code, and until and unless the Code Council
shall make such determination the State Energy Code shall be applicable
and shall be enforced in the Town of Orangetown.
This section shall take effect upon publishing, posting and
upon filing a copy with the Secretary of State as required by law.