[HISTORY: Adopted by the Orangetown Town Board 12-10-1984 byL.L. No. 23-1984[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 5. Building Construction, which consisted of a reference page indicating the acceptance of the applicability of the State Building Construction Code by resolution of the Town Board adopted 3-9-1954.
[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.[1]
[1]
Editor's Note: Said copy is on file in the Town offices.
[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.