[HISTORY: Adopted by the Board of Trustees
of the Village of New Paltz by L.L.
No. 14-1978 (Ch. 26 of the 1978 Code); amended in
its entirety 9-26-2018 by L.L.
No. 13-2018. Subsequent amendments noted where applicable.]
[Added 12-21-2022 by L.L. No. 4-2022[1]]
[1]
Editor's Note: This local law also repealed former Article
I, General Provisions, adopted by L.L. No. 14-1978, as amended.
This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in the Village of New Paltz (hereinafter the "Village").
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law. Except as otherwise provided in the Uniform Code, the
Energy Code other state law, or other section of this chapter, all
buildings, structures, and premises, regardless of use or occupancy,
are subject to the provisions this chapter.
In this chapter, the following terms shall have the meanings
shown in this section:
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
The Building Inspector and all inspectors.
The Building Inspector appointed pursuant to § 86-3B of this chapter.
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
A document issued by the Village stating that work was done
in compliance with approved construction documents and the codes.
A document issued by the Village certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Village
indicating that the building or structure, or portion thereof, is
in a condition suitable for occupancy.
The Uniform Code and Energy Code.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
An inspector appointed pursuant to subdivision (d) of section
3 of this chapter.
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A permit issued pursuant to § 10 of this chapter.
The term "operating permit" shall also include an operating permit
which is renewed, amended, or extended pursuant to any provision of
this chapter.
An order issued by the Building Inspector or designees pursuant to § 86-17A of this chapter.
The person to whom a building permit has been issued.
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
An order issued pursuant to § 86-6 of this chapter.
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
A certificate issued pursuant to § 86-7D of this chapter.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
The Village of New Paltz.
A.
The Office of Building Inspector is hereby created. The Building
Inspector shall administer and enforce all the provisions of the Uniform
Code, the Energy Code, and this chapter. The Building Inspector shall
have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits, and the plans, specifications,
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue building permits, certificates
of occupancy, certificates of compliance, temporary certificates of
occupancy, and operating permits, and to include in terms and conditions
as the Building Inspector may determine to be appropriate building
permits, certificates of occupancy, certificates of compliance, temporary
certificates of occupancy, and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of occupancy, certificates of compliance,
temporary certificates of occupancy, and operating permits; fire safety
and property maintenance inspections; inspections incidental to the
investigation of complaints; and all other inspections required or
permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To issue orders pursuant to § 86-17A (Remedies; appearance tickets; penalties for offenses; injunctive relief) of this chapter;
(7)
To maintain records;
(8)
To collect fees as set by the Board of Trustees of this Village;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with this Village's Attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Code, and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Building Inspector by this chapter.
B.
The Building Inspector shall be appointed by the Board of Trustees
or through any procedure as may be required by applicable civil service
requirements The Building Inspector shall possess background experience
related to building construction or fire prevention and shall, within
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training, and other training as the
State of New York shall require for code enforcement personnel, and
the Building Inspector shall obtain certification from the Department
of State pursuant to the Executive Law and the regulations promulgated
thereunder.
C.
In the event that the Building Inspector is unable to serve as such
for any reason, another individual shall be appointed by the Board
of Trustees or through any procedure as may be required by applicable
civil service requirements to serve as Deputy Building Inspector.
The Deputy Building Inspector shall, during the term of their appointment,
exercise all powers and fulfill all duties conferred upon the Building
Inspector by this chapter.
D.
One or more Assistant Building Inspectors may be appointed by the
Board of Trustees to act under the supervision and direction of the
Building Inspector and to assist the Building Inspector in the exercise
of the powers and fulfillment of the duties conferred upon the Building
Inspector by this chapter. Each Inspector shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall
require for building department personnel, and each Inspector shall
obtain certification from the Department of State pursuant to the
Executive Law and the regulations promulgated there under.
E.
The compensation for the Building Inspector and Assistant Building
Inspectors shall be fixed from time to time by the Board of Trustees
of this Village.
A.
Building permits required. A building permit shall be required for
any work which must conform to the Uniform Code and/or the Energy
Code, including, but not limited to, the construction, enlargement,
alteration, improvement, removal, relocation, or demolition of any
building or structure or any portion thereof, and the installation
of a solid fuel-burning heating appliance, chimney, or flue in any
dwelling unit. No person shall commence any work for which a building
permit is required without first having obtained a building permit
from the Village Of New Paltz.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(Village houses), which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet;
(2)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made, in writing, on a form provided by or otherwise acceptable
to the Building Inspector. The application shall be signed by the
owner of the property where the work is to be performed or an authorized
agent of the owner. The application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that the intended work complies with all
applicable requirements of the Uniform Code and the Energy Code. The
application shall include or be accompanied by the following information
and documentation:
(1)
A description of the location, nature, extent, and scope of the proposed
work;
(2)
The Tax Map number and the street address of any affected building
or structure;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets (one paper and one electronic) of construction
documents (drawings and/or specifications) which:
(a)
Describe the location, nature, extent, and scope of the proposed
work;
(b)
Show that the proposed work will conform to the applicable provisions
of the Codes;
(c)
Show the location, construction, size, and character of all
portions of the means of egress;
(d)
Show a representation of the building thermal envelope;
(e)
Show structural information, including, but not limited to,
braced wall designs, the size, section, and relative locations of
structural members, design loads, and other pertinent structural information;
(f)
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
(g)
Include a written statement indicating compliance with the Energy
Code;
(h)
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a New York State
licensed and registered architect in accordance with Article 147 of
the New York State Education Law or a licensed and registered professional
engineer in accordance with Article 145 of the New York State Education
Law and practice guidelines, including, but not limited to, the design
professional's seal which clearly and legibly shows both the
design professional's name and license number and is signed by
the design professional whose name appears on the seal in such a manner
that neither the name nor the number is obscured in any way, the design
professional's registration expiration date, the design professional's
firm name (if not a sole practitioner), and, if the documents are
submitted by a New York State professional engineering firm and not
a sole practitioner professional engineer, the firm's certificate
of authorization number.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp, or in the case of electronic media, an electronic marking. One set (electronic version) of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Building Inspector personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Building Inspector shall issue a building permit if the proposed
work is in compliance with the applicable requirements of the Uniform
Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Building Inspector of any change
occurring during the course of the work. The building permit shall
contain such a directive. If the Building Inspector determines that
such change warrants a new or amended building permit, such change
shall not be made until and unless a new or amended building permit
reflecting such change is issued.
I.
Time limits. Building permits shall become invalid unless the authorized
work is commenced within three months following the date of issuance.
Building permits shall expire 12 months after the date of issuance.
A building permit which has become invalid or which has expired pursuant
to this subsection may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Building Inspector.
J.
Revocation or suspension of building permits. If the Building Inspector
determines that a building permit was issued in error because of incorrect,
inaccurate, or incomplete information, or that the work for which
a building permit was issued violates the Uniform Code or the Energy
Code, the Building Inspector shall revoke the building permit or suspend
the building permit until such time as the permit holder demonstrates
that 1) all work then completed is in compliance with all applicable
provisions of the Uniform Code and the Energy Code and 2) all work
then proposed to be performed shall be in compliance with all applicable
provisions of the Uniform Code and the Energy Code.
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Building Inspector or by an inspector authorized by the Building Inspector. The permit holder shall notify the Building Inspector when any element of work described in Subsection B of this section is ready for inspection.
B.
Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(1)
Work site prior to the issuance of a building permit;
(2)
Footing and foundation;
(3)
Preparation for concrete slab;
(4)
Framing;
(5)
Structural, electrical, plumbing, mechanical, fire protection, and
other similar service systems of the building;
(6)
Fire-resistant construction;
(7)
Fire-resistant penetrations;
(8)
Solid fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)
Inspections required to demonstrate Energy Code compliance, including,
but not limited to, insulation, fenestration, air leakage, system
controls, mechanical equipment size, and, where required, minimum
fan efficiencies, programmable thermostats, energy recovery, whole-house
ventilation, plumbing heat traps, and high-performance lighting and
controls;
(10)
Installation, connection, and assembly of factory manufactured buildings
and manufactured homes; and
(11)
A final inspection after all work authorized by the building permit
has been completed.
C.
Remote inspections. At the discretion of the Building Inspector or
inspector authorized to perform construction inspections, a remote
inspection may be performed in lieu of an in-person inspection when,
in the opinion of the Building Inspector or such authorized inspector,
the remote inspection can be performed to the same level and quality
as an in-person inspection and the remote inspection shows to the
satisfaction of the Building Inspector or by such authorized inspector
that the elements of the construction process conform with the applicable
requirements of the Uniform Code and Energy Code. Should a remote
inspection not afford the Building Inspector or such authorized inspector
sufficient information to make a determination, an in-person inspection
shall be performed.
D.
Inspection results. After inspection, the work or a portion thereof
shall be noted as satisfactory as completed, or the permit holder
shall be notified as to the manner in which the work fails to comply
with the Uniform Code or Energy Code, including a citation to the
specific code provision or provisions that have not been met. Work
not in compliance with any applicable provision of the Uniform Code
or Energy Code shall remain exposed until such work shall have been
brought into compliance with all applicable provisions of the Uniform
Code and the Energy Code, reinspected, and found satisfactory as completed.
A.
Authority to issue. The Building Inspector or designee is authorized
to issue stop-work orders pursuant to this section. The Building Inspector
shall issue a stop-work order to halt:
(1)
Any work that is determined by the Building Inspector to be contrary
to any applicable provision of the Uniform Code or Energy Code, without
regard to whether such work is or is not work for which a building
permit is required, and without regard to whether a building permit
has or has not been issued for such work; or
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Building Inspector, without regard to whether
such work is or is not work for which a building permit is required,
and without regard to whether a building permit has or has not been
issued for such work; or
(3)
Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
B.
Content of stop-work orders. Stop-work orders shall 1) be in writing,
2) be dated and signed by the Building Inspector or designee, 3) state
the reason or reasons for issuance, and 4) if applicable, state the
conditions which must be satisfied before work will be permitted to
resume.
C.
Service of stop-work orders. The Building Inspector or designee shall
cause the stop-work order, or a copy thereof, to be served on the
owner of the affected property (and, if the owner is not the permit
holder, on the permit holder) personally or by certified mail. The
Building Inspector shall be permitted, but not required, to cause
the stop-work order, or a copy thereof, to be served on any builder,
architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in work
affected by the stop-work order, personally or by certified mail;
provided, however, that failure to serve any person mentioned in this
sentence shall not affect the efficacy of the stop-work order.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in, or assisting in the work shall
immediately cease all work which is the subject of the stop-work order,
other than work expressly authorized by the Building Inspector to
correct the reason for issuing the stop-work order.
E.
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 86-17 (Remedies; appearance tickets; penalties for offenses; injunctive relief) of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A.
Certificates of occupancy and certificates of compliance required.
A certificate of occupancy or certificate of compliance shall be required
for any work which is the subject of a building permit and for all
structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another.
Permission to use or occupy a building or structure, or portion thereof,
for which a building permit was previously issued shall be granted
only by issuance of a certificate of occupancy or certificate of compliance.
B.
Issuance of certificates of occupancy and certificates of compliance.
The Building Inspector or designee shall issue a certificate of occupancy
or certificate of compliance if the work which was the subject of
the building permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable,
that the structure, building or portion thereof that was converted
from one use or occupancy classification or subclassification to another
complies with all applicable provisions of the Uniform Code and Energy
Code. The Building Inspector or designee authorized by the Building
Inspector shall inspect the building, structure, or work prior to
the issuance of a certificate of occupancy or certificate of compliance.
In addition, where applicable, the following documents, prepared in
accordance with the provisions of the Uniform Code by such person
or persons as may be designated by or otherwise acceptable to the
Building Inspector, at the expense of the applicant for the certificate
of occupancy or certificate of compliance, shall be provided to the
Building Inspector prior to the issuance of the certificate of occupancy
or certificate of compliance:
(1)
A written statement of structural observations and/or a final report
of special inspections;
(2)
Flood hazard certifications;
(3)
A written statement of the results of tests performed to show compliance
with the Energy Code; and
(4)
Where applicable, the affixation of the appropriate seals, insignias,
and manufacturer's data plates as required for factory manufactured
buildings and/or manufactured homes.
C.
Contents of certificates of occupancy and certificates of compliance.
A certificate of occupancy or certificate of compliance shall contain
the following information:
(1)
The building permit number, if any;
(2)
The date of issuance of the building permit, if any;
(3)
The name (if any), address and Tax Map number of the property;
(4)
If the certificate of occupancy or certificate of compliance is not
applicable to an entire structure, a description of that portion of
the structure for which the certificate of occupancy or certificate
of compliance is issued;
(5)
The use and occupancy classification of the structure;
(6)
The type of construction of the structure;
(7)
The occupant load of the assembly areas in the structure, if any;
(8)
Any special conditions imposed in connection with the issuance of
the building permit; and
(9)
The signature of the Building Inspector or designee issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary certificate of occupancy. The Building Inspector or designee
shall be permitted to issue a temporary certificate of occupancy allowing
the temporary occupancy of a building or structure, or a portion thereof,
prior to completion of the work which is the subject of a building
permit. However, in no event shall the Building Inspector issue a
temporary certificate of occupancy unless the Building Inspector determines
1) that the building or structure, or the portion thereof covered
by the temporary certificate of occupancy, may be occupied safely,
2) that any required fire and life safety components, such as fire-protection
equipment and fire, smoke, carbon monoxide, and heat detectors and
alarms are installed and operational, and 3) that all required means
of egress from the structure have been provided. The Building Inspector
may include in a temporary certificate of occupancy such terms and
conditions as he or she deems necessary or appropriate to ensure the
health and safety of the persons occupying and using the building
or structure and/or performing further construction work in the building
or structure. A temporary certificate of occupancy shall be effective
for a period of time, not to exceed three months which shall be determined
by the Building Inspector and specified in the temporary certificate
of occupancy. During the specified period of effectiveness of the
temporary certificate of occupancy, the permit holder shall undertake
to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and Energy Code.
E.
Revocation or suspension of certificates. If the Building Inspector
determines that a certificate of occupancy, certification of compliance,
or a temporary certificate of occupancy was issued in error or on
the basis of incorrect information, and if the relevant deficiencies
are not corrected to the satisfaction of the Building Inspector within
such period of time as shall be specified by the Building Inspector,
the Building Inspector shall revoke or suspend such certificate.
The chief of any fire department providing firefighting services
for a property within this Village shall promptly notify the Building
Inspector of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Village shall be identified and addressed in accordance with the procedures Chapter 90 of the Village Code of the Village of New Paltz, or other applicable provisions of the Village Code, as now in effect or as hereafter amended from time to time.
A.
Operation permits required. Operating permits shall be required for
conducting any process or activity or for operating any type of building,
structure, or facility listed below:
(1)
Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(2)
Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(a)
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
(c)
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or
crop-ripening facility or conducting a fruit-ripening process using
ethylene gas;
(d)
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
(f)
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
(g)
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire by-products or operating a tire rebuilding plant;
(h)
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i)
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
(j)
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270;
(k)
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
(l)
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(m)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with the permitting
requirements established by any local law to be adopted by the Village
and as hereafter amended from time to time.
(3)
Energy storage systems, where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS.
(4)
Buildings containing one or more assembly areas;
(5)
Outdoor events where the planned attendance exceeds 1,000 persons;
(6)
Facilities that store, handle or use hazardous production materials;
(8)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of this Village; and
(9)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Board of Trustees of this Village.
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Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
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B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Building Inspector. Such application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that quantities, materials, and activities
conform to the requirements of the Uniform Code. If the Building Inspector
determines that tests or reports are necessary to verify conformance,
such tests or reports shall be performed or provided by such person
or persons as may be designated by or otherwise acceptable to the
Building Inspector, at the expense of the applicant.
C.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1) through (7) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with § 86-11 (Fire Safety and Property Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with § 86-13 (Condition assessments of parking garages) of this chapter, as applicable.)
D.
Inspections. The Building Inspector or an inspector authorized by
the Building Inspector shall inspect the subject premises prior to
the issuance of an operating permit. Such inspections shall be performed
either in-person or remotely. Remote inspections in lieu of in-person
inspections may be performed when, at the discretion of the Building
Inspector or an Inspector authorized by the Building Inspector, the
remote inspection can be performed to the same level and quality as
an in-person inspection and the remote inspection shows to the satisfaction
of the Building Inspector or Inspector authorized by the Building
Inspector that the premises conform with the applicable requirements
of the Uniform Code and the code enforcement program. Should a remote
inspection not afford the Village sufficient information to make a
determination, an in-person inspection shall be performed. After inspection,
the premises shall be noted as satisfactory and the operating permit
shall be issued, or the operating permit holder shall be notified
as to the manner in which the premises fail to comply with either
or both of the Uniform Code and the code enforcement program, including
a citation to the specific provision or provisions that have not been
met.
E.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector may, in their discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Building Inspector, payment of the applicable
fee, and approval of such application by the Building Inspector.
G.
Revocation or suspension of operating permits. If the Building Inspector
determines that any activity or building for which an operating permit
was issued does not comply with any applicable provision of the Uniform
Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Building Inspector
or an inspector designated by the Building Inspector at the following
intervals:
(1)
At least once every 12 months for buildings which contain an assembly
area;
(2)
At least once every 12 months for private schools, including any
buildings of such schools containing classrooms, physical education,
dining, or recreational facilities; and
(3)
At least once every 12 months for multiple dwellings and all nonresidential
occupancies.
B.
Remote inspections. At the discretion of the Building Inspector or
inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Building Inspector or such
authorized inspector, the remote inspection can be performed to the
same level and quality as an in-person inspection and the remote inspection
shows to the satisfaction of the Building Inspector or such authorized
inspector that the premises conform with the applicable provisions
of 19 NYCRR Part 1225 and the publications incorporated therein by
reference and the applicable provisions of 19 NYCRR Part 1226 and
the publications incorporated therein by reference. Should a remote
inspection not afford the Building Inspector or such authorized inspector
sufficient information to make a determination, an in-person inspection
shall be performed.
C.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an inspector authorized to perform fire safety and property maintenance inspections at any time upon:
(1)
The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2)
Receipt by the Building Inspector of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(3)
Receipt by the Building Inspector of any other information, reasonably
believed by the Building Inspector to be reliable, giving rise to
reasonable cause to believe that conditions or activities failing
to comply with the Uniform Code or Energy Code exist; provided, however,
that nothing in this subsection shall be construed as permitting an
inspection under any circumstances under which a court order or warrant
permitting such inspection is required, unless such court order or
warrant shall have been obtained.
D.
OFPC Inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit, or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control ("OFPC") and the New York State Fire Administrator or
other authorized entity under Executive Law § 156-e and
Education Law § 807-b. Notwithstanding any other provision
of this section to the contrary, the Building Inspector may accept
an inspection performed by the Office of Fire Prevention and Control
or other authorized entity pursuant to §§ 807-a and
807-b of the Education Law and/or § 156-e of the Executive
Law, in lieu of a fire safety and property maintenance inspection
performed by the Building Inspector or by an inspector, provided that:
(1)
The Building Inspector is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR Section
1203.2(e);
(2)
The Building Inspector is satisfied that such inspection covers all
elements required to be covered by a fire safety and property maintenance
inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is
provided to the Building Inspector; and
The Building Inspector or designee shall review and investigate
complaints which allege or assert the existence of conditions or activities
that fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law, ordinance, rule or regulation adopted for
administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the
following steps as the Building Inspector may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 86-17 (Remedies; appearance tickets; penalties for offenses; injunctive relief) of this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under
Article 145 of the Education Law to practice the profession of engineering
in the State of New York and who has at least three years of experience
performing structural evaluations.
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as
limiting the professional responsibility or liability of any professional
engineer, or of any other licensed professional, who participates
in the preparation of a condition assessment without being the responsible
professional engineer for such condition assessment.
Includes the conditions identified as unsafe in Sections
304.1.1, 305.1.1, and 306.1.1 of the PMCNYS.
A structure that is so damaged, decayed, dilapidated, or
structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B.
Condition assessments - general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C of this section, periodic condition assessments as described in Subsection D of this section, and such additional condition assessments as may be required under Subsection E of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Village, in accordance with the requirements of Subsection F of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C.
Initial condition assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1)
Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of occupancy or certificate of compliance being issued
for the structure.
(2)
Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(a)
If originally constructed prior to January 1, 1984, then prior
to October 1, 2019;
(b)
If originally constructed between January 1, 1984, and December
31, 2002, then prior to October 1, 2020; and
(c)
If originally constructed between January 1, 2003, and August
28, 2018, then prior to October 1, 2021.
(3)
Any parking garage constructed prior to the effective date of the
local law enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall undergo an
initial condition assessment prior to six months after the effective
date of this chapter.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments at intervals not to exceed three years.
E.
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes
a recommendation by the responsible professional engineer that an
additional condition assessment of such parking garage, or any portion
of such parking garage, be performed before the date by which the
next periodic condition assessment would be required under Subdivision
C of this section, the owner or operator of such parking garage shall
cause such parking garage (or, if applicable, the portion of such
parking garage identified by the responsible professional engineer)
to undergo an additional condition assessment no later than the date
recommended in such condition assessment report.
(2)
If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C of this section, the owner or operator of such parking garage shall cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village to be appropriate.
F.
Condition assessment reports. The responsible professional engineer
shall prepare, or directly supervise the preparation of, a written
report of each condition assessment, and shall submit such condition
assessment report to the Village within 30 days. Such condition assessment
report shall be sealed and signed by the responsible professional
engineer and shall include:
(1)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2)
An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure;
(3)
An evaluation and description of the unsafe conditions;
(4)
An evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5)
An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions;
(6)
An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions;
(7)
The responsible professional engineer's recommendation regarding
preventative maintenance;
(8)
Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he or
she reviewed all previously prepared condition assessment reports
available for such parking garage and considered the information in
the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9)
The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
G.
Review condition assessment reports. The Village shall take such
enforcement action or actions in response to the information in such
condition assessment report as may be necessary or appropriate to
protect the public from the hazards that may result from the conditions
described in such report. In particular, but not by way of limitation,
the Village shall, by order to remedy or such other means of enforcement
as the Village may deem appropriate, require the owner or operator
of the parking garage to repair or otherwise remedy all deterioration,
all conditions that cause deterioration, and all unsafe conditions
identified in such condition assessment report pursuant to Subdivision
F(2) and (3). All repairs and remedies shall comply with the applicable
provisions of the Uniform Code. This section shall not limit or impair
the right of the Village to take any other enforcement action, including,
but not limited to, suspension or revocation of a parking garage's
operating permit, as may be necessary or appropriate in response to
the information in a condition assessment report.
H.
The Village shall retain all condition assessment reports for the
life of the parking garage. Upon request by a professional engineer
who has been engaged to perform a condition assessment of a parking
garage, and who provides the Village with a written statement attesting
to the fact that he or she has been so engaged, the Village shall
make the previously prepared condition assessment reports for such
parking garage (or copies of such reports) available to such professional
engineer. The Village shall be permitted to require the owner or operator
of the subject parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports
(or copies thereof) available to the professional engineer.
I.
This section shall not limit or impair the right or the obligation
of the Village:
(1)
To perform such construction inspections as are required by § 86-5 (Construction Inspections) of this chapter;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 86-11 (Fire Safety and Property Maintenance Inspections) of this chapter; and/or
(3)
To take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention
of the Village Of New Paltz by means of its own inspections or observations,
by means of a complaint, or by any other means other than a condition
assessment or a report of a condition assessment.
A.
The Building Inspector shall determine the climatic and geographic
design criteria for buildings and structures constructed within this
Village as required by the Uniform Code. Such determinations shall
be made in the manner specified in the Uniform Code using, where applicable,
the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily
be limited to, the following:
(1)
Design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required;
the air freezing index; and the mean annual temperature;
(2)
Heating and cooling equipment design criteria for structures within
the scope of the RCNYS. The design criteria shall include the data
identified in the Design Criteria Table found in Chapter 3 of the
RCNYS; and
(3)
Flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas
as identified by the Federal Emergency Management Agency in the Flood
Insurance Study for the community, as amended or revised with:
A.
The Building Inspector shall keep permanent official records of all
transactions and activities conducted by all Building Inspector Personnel,
including records of:
(1)
All applications received, reviewed and approved or denied;
(2)
All plans, specifications and construction documents approved;
(3)
All building permits, certificates of occupancy, certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
(4)
All inspections and tests performed;
(5)
All statements and reports issued;
(6)
All complaints received;
(7)
All investigations conducted;
(8)
All condition assessment reports received;
(9)
All fees charged and collected; and
B.
All such records shall be public records open for public inspection
during normal business hours. All plans and records pertaining to
buildings or structures, or appurtenances thereto, shall be retained
for at least the minimum time period so required by state law and
regulation.
A.
The Building Inspector shall annually submit to the Board of Trustees of this Village, a written report and summary of all business conducted by the Building Inspector and the Inspectors, including a report and summary of all transactions and activities described in § 86-14 (Recordkeeping) of this chapter and a report and summary of all appeals or litigation pending or concluded.
B.
The Building Inspector shall annually submit to the Secretary of
State, on behalf of this Village, on a form prescribed by the Secretary
of State, a report of the activities of this Village relative to administration
and enforcement of the Uniform Code.
C.
The Building Inspector shall, upon request of the New York State
Department of State, provide to the New York State Department of State,
true and complete copies of the records and related materials this
Village is required to maintain; true and complete copies of such
portion of such records and related materials as may be requested
by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in
connection with administration and enforcement of the Uniform Code
and/or Energy Code as may be requested by the Department of State.
A.
Orders to remedy.
(1)
The Building Inspector is authorized to order, in writing, the remedying
of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy
Code, or this chapter. An order to remedy shall be in writing; shall
be dated and signed by the Building Inspector; shall specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
chapter; shall specify the provision or provisions of the Uniform
Code, the Energy Code, or this chapter which is/are violated by the
specified condition or activity; and shall include a statement substantially
similar to the following:
"The person or entity served with this order to remedy must
completely remedy each violation described in this order to remedy
by__________[specify date], which is 30 days after the date of this
order to remedy."
(2)
The order to remedy may include provisions ordering the person or
entity served with such order to remedy 1) to begin to remedy the
violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or 2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Building Inspector
may deem appropriate, during the period while such violations are
being remedied. The Building Inspector shall cause the order to remedy,
or a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail within five days
after the date of the order to remedy. The Building Inspector shall
be permitted, but not required, to cause the order to remedy, or a
copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in work being performed at the
affected property personally or by registered mail or certified mail
within five days after the date of the order to remedy; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
B.
Appearance tickets. The Building Inspector and each Inspector are
authorized to issue appearance tickets for any violation of the Uniform
Code.
C.
Penalties. In addition to such other penalties as may be prescribed
by state law:
(1)
Any person who violates any provision of this chapter or any term,
condition, or provision of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit or other notice or order issued by the Building Inspector
pursuant to any provision of this chapter shall be punishable by a
fine of not more than $1,000 per day of violation, or imprisonment
not exceeding 60 days, or both; and
(2)
Any person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any building permit,
certificate of occupancy, certificate of compliance, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Building Inspector pursuant to any provision of this chapter
shall be liable to pay a civil penalty of not more than $1,000 for
each day or part thereof during which such violation continues. The
civil penalties provided by this subsection shall be recoverable in
an action instituted in the name of this Village.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of this Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce,
any provision of the Uniform Code, the Energy Code, this chapter,
or any term or condition of any building permit, certificate of occupancy,
certificate of compliance, temporary certificate, stop-work order,
operating permit, order to remedy, or other notice or order issued
by the Building Inspector pursuant to any provision of this chapter.
In particular, but not byway of limitation, where the construction
or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this chapter, or any stop-work
order, order to remedy or other order obtained under the Uniform Code,
the Energy Code or this chapter, an action or proceeding may be commenced
in the name of this Village, in the Supreme Court or in any other
court having the requisite jurisdiction, to obtain an order directing
the removal of the building or structure or an abatement of the condition
in violation of such provisions. No action or proceeding described
in this subsection shall be commenced without the appropriate authorization
from the Board of Trustees of this Village.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 86-6 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 86-6 (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board
of Trustees of this Village. Such fee schedule may thereafter be amended
from time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
certificates of occupancy, certificates of compliance, temporary certificates,
operating permits, fire safety and property maintenance inspections,
and other actions of the Building Inspector described in or contemplated
by this chapter.
The Board of Trustees of this Village may, by resolution, authorize
the Supervisor of this Village to enter into an agreement, in the
name of this Village, with other governments to carry out the terms
of this chapter, provided that such agreement does not violate any
provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.
If any section of this chapter shall be held unconstitutional,
invalid, or ineffective, in whole or in part, such determination shall
not be deemed to affect, impair, or invalidate the remainder of this
chapter.
All ordinances, local laws and parts thereof related to the
enforcement of the Uniform Code and/or the Energy Code are hereby
repealed and replaced with this chapter.
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Board of Trustees of the Village of New Paltz hereby declares
that it would have passed this chapter or the remainder thereof had
such invalid application or invalid provision been apparent.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law but no earlier than
December 30, 2022.
[Added 1-22-2020 by L.L. No. 1-2020; amended 2-26-2020 by L.L. No. 3-2020; 5-6-2020 by L.L. No.
6-2020]
With an increasing demand for rental housing in the community
and an increase in residential construction which is often accomplished
using materials that are highly toxic when burning, it is necessary
to enact a municipal Fire Sprinkler Law to better protect residents.
Today's fires burn hotter and faster than fires in the past and escaping
a burning structure must be done expeditiously. A fire sprinkler system
protecting ingress and egress areas of residential structures provides
occupants more time to safely exit a burning building while also protecting
firefighters from the inherent dangers associated with the extrication
of trapped residents.
A.
APPROVED SPRINKLER SYSTEM
NFPA
NFPA 13D FIRE SPRINKLER SYSTEM
As used in this article, the following terms shall have the meanings
indicated:
A sprinkler system that meets the requirements of the New
York State Uniform Fire Prevention and Building Code and the standards
of the National Fire Protection Association or other nationally recognized
approval organization, as determined by the Village Code Enforcement
Officer. Such system, to be approved, shall meet all standards of
installation and operation as prescribed by such approval bodies and
the manufacturer of the system. Any such installation and the operation
thereof shall be also subject to the approval of the Village of New
Paltz Building Inspector, Fire Inspector or Code Enforcement Officer.
National Fire Protection Association.
A residential sprinkler design standard primarily focused
on one- and two-family dwellings and manufactured homes.
B.
All other terms shall have their commonly understood meanings. Where there is an ambiguity in the commonly understood meaning of a word or term, reference shall be made to the definitions contained in Chapter 212, Zoning, of the Code of the Village of New Paltz, and the New York State Uniform Fire Prevention and Building Code. Where there is a conflict in definition between such Chapter 212, Zoning, and such Building Code, the definitions contained in Chapter 212, Zoning, shall control.
A.
All residential buildings constructed after the effective date of this article shall be required to have an NFPA 13D fire sprinkler system or other approved sprinkler system conforming to current NFPA standards installed and operational at the ingress and egress points of the structure prior to the issuance of a certificate of occupancy by the Building Department. All structures used for residential rental purposes pursuant to Village Code Chapter 129, Article II, are included in this chapter.
B.
Prior to issuance of a building permit, each builder shall submit
two sets of proposed plans to the Building Department depicting the
complete design of the fire sprinkler system. These plans must be
signed and sealed by a New York State licensed design professional.
C.
No certificate of occupancy shall be issued for occupancy or use
of any building, structure or portion thereof required to have a fire
sprinkler system unless such system is installed, inspected, tested
and approved in accordance with NFPA standards.
D.
Notwithstanding the foregoing, detached garages and accessory buildings
that have no dwelling units and are not occupied for residential purposes,
including those associated with one- or two-family dwellings or multiple-family
dwellings, regardless of size, are not required to have sprinkler
systems.
For any existing building, structure or occupancy which does not contain an approved sprinkler system or an NFPA 13D fire sprinkler system where a room is added, or the total floor area is increased by 50% or more, or for which the cost of any alterations, additions or repairs made within a two-year period exceeds 50% of the cost of replacement of the building at the beginning of that two-year period, plans shall be submitted in accordance with Chapter 9 of New York State Uniform Fire Code and a fire sprinkler system as defined in this article shall be installed.
A.
All fire sprinkler systems shall be inspected on an annual basis
by a qualified technician, as prescribed by the NFPA. Inspection reports
must be submitted to the Building Department by the property owner
or such property owner's agent within 10 business days of each anniversary
date of the issuance of the certificate of occupancy. Failure to deliver
such annual inspection report shall result in the suspension of the
property owner's certificate of occupancy and/or rental registration
permit until such time as a satisfactory inspection report is delivered
to the Building Department.
B.
In addition to the suspension of any certificate of occupancy and/or
rental registration permit, property owners shall be subject to a
fine set forth in the Village Fee and Penalty Schedule, the sum of
which shall be set annually by resolution of the Board of Trustees.
Notwithstanding the terms of this article, sprinkler systems
shall not be required to be installed in spaces where the discharge
of water would be hazardous. In such places, other fire-extinguishing
equipment shall be provided that meets the requirements of the New
York State Uniform Fire Prevention and Building Code and the standards
of the NFPA or other nationally recognized approval organization,
as determined by the Village Building Department.
A.
Where practical difficulties or unnecessary hardship may result from
enforcement of the strict letter of any provision of this chapter,
applications for variances consistent with the spirit of this chapter
may be made to and acted upon by the Village Zoning Board of Appeals.
The Board is empowered to grant a variance when the Board has found:
B.
In granting any variances the Zoning Board of Appeals may impose
such conditions as such Board may reasonably determine necessary to
mitigate the consequences of the omission of an approved sprinkler
system from all or any part of a building, including the requirement
that alternative forms of fire extinguishing equipment be provided
or a requirement of additional alarms or other devices to ameliorate
the effects of having no sprinkler systems.
The requirements set forth in this article shall be in addition
and shall supplement the requirements set forth in the remainder of
this chapter and the entire Village Code. The plans, specifications,
rating body approvals and other materials required by the Building
Inspector relating to the sprinkler system to be installed shall be
submitted to the Building Department in conjunction with an application
for a building permit pursuant to the Village Code.
