[Adopted 2-12-2007 by L.L. No. 2-2007; amended in its entirety 2-14-2023 by L.L. No. 2-2023]
This article 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 Town of New Lebanon. Except as otherwise
provided in the Uniform Code, the Energy Code, other state law, or
this article, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this article.
As used in this article, the terms set forth below shall be
defined as set forth herein.
ASSEMBLY AREA
An area in any building, or in any portion of any building,
that is primarily used or intended to be used for the 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.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work, along with
any renewals, amendments, or extensions thereof, pursuant to any provision
of this article.
CERTIFICATE OF COMPLIANCE
A document issued by the Town stating that work was done
in compliance with approved construction documents and the codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by the Town, and
indicating that the building or structure, or portion thereof, is
in a condition suitable for occupancy.
CODES
The New York State Uniform Fire Prevention and Building Code and New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as may be in effect from time to time; subject, however, to any applicable provisions of Article
II of this chapter.
ENERGY CODE
The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as may be in effect from time to time; subject, however, to any applicable provisions of Article
II of this chapter.
FCNYS
The 2020 Fire Code of the State of New York, as may be in
effect from time to time, or such other fire code of the State of
New York as may be in effect and incorporated by reference in 19 NYCRR
Part 1225 or its successor.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225, or its successor, and
the publications incorporated therein by reference as may be in effect
from time to time, and the applicable provisions of 19 NYCRR Part
1226, or its successor, and the publications incorporated therein
by reference as may be in effect from time to time.
HAZARDOUS PRODUCTION MATERIALS
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), as in effect
from time to time, and which is used directly in research, laboratory,
or production processes which have, as their end product, materials
that are not hazardous.
INSPECTOR
An official appointed as an inspector pursuant to §
81-3D of this article.
MOBILE FOOD PREPARATION VEHICLES
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 food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
81-10 of this article, along with any renewals, amendments, or extensions thereof, pursuant to any provision of this article.
PERMIT HOLDER
The person to whom a permit has been issued pursuant to this
article.
PERSON
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.
PMCNYS
The 2020 Property Maintenance Code of the State of New York,
as may be in effect from time to time, or such other property maintenance
code of the State of New York as may be in effect and incorporated
by reference in 19 NYCRR Part 1226 or its successor.
RCNYS
The 2020 Residential Code of the State of New York, as may
be in effect from time to time, or such other residential code of
the State of New York as may be in effect and incorporated by reference
in 19 NYCRR Part 1220 or its successor.
REPAIR
The reconstruction, replacement or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
TOWN
The Town of New Lebanon.
UNIFORM CODE
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, as may be in effect from time
to time.
The chief of any fire department or company providing firefighting
services for a property within this Town shall promptly notify the
Code Enforcement Officer 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 Town shall be identified and addressed in accordance with the procedures established by Chapter
83 of the Town Code of the Town of New Lebanon, as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer 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 article,
or any other local law, ordinance, 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 Code Enforcement Officer 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 the notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
81-17, Enforcement; penalties for offenses, of this article;
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 fee schedule shall be established by resolution of the Town
Board. Such fee schedule may thereafter be amended from time to time
by resolution. The fees set forth therein, or determined in accordance
therewith, 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 Code Enforcement
Officer described in or contemplated by this article.
The Town Board may, by resolution, authorize the Supervisor
to enter into an agreement in the name of the Town, with other governments
to carry out the terms of this article, 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.
[Adopted 6-14-2022 by L.L. No. 2-2022]
The Town of New Lebanon hereby adopts, as its local energy conservation
construction code, the State Energy Code as modified in the manner
contemplated by NYStretch. Such local energy conservation 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 2020 ECCCNYS and ASHRAE 90.1-2016 shall
be deemed to be modified as follows:
A. 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.
B. 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, except that Section R403.6.2
added to the 2018 IECC by NYStretch shall not be deemed to be added
to the 2020 ECCCNYS.
C. Each section or table in ASHRAE 90.1-2016 that is modified by NYStretch
shall be deemed to be so modified.
D. Each section added to ASHRAE 90.1-2016 by NYStretch shall be deemed
to be added to ASHRAE 90.1-2016.
The local energy conservation construction code, as hereby adopted,
shall be applicable to all buildings constructed, substantially renovated,
or altered in the Town of New Lebanon on or after the effective date
of this article and to all additions to buildings in the Town of New
Lebanon made on or after the effective date of this article. However,
pursuant to NY Energy Law § 11-109(2):
A. If a copy of this article 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 article,
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 New
Lebanon; and
B. If a copy of this article 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 article,
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 New Lebanon.
On and after the effective date of this article, and subject to the provisions of §
81-20 governing the applicability of this article, any references to "State Energy Conservation Code" or "Energy Code" contained in the Code of the Town of New Lebanon other than within this Article
II of Chapter
81 shall be construed to mean the local energy conservation construction code, as adopted herein.