[HISTORY: Adopted by the Town Board of the
Town of New Lebanon as indicated in article histories. Amendments
noted where applicable.]
[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.
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.
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.
A document issued by the Town stating that work was done
in compliance with approved construction documents and the codes.
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.
The official(s) appointed as code enforcement officer pursuant to § 81-3B of this article.
The Code Enforcement Officer and all inspectors.
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.
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.
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.
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.
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.
An official appointed as an inspector pursuant to § 81-3D of this article.
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.
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.
An order issued by the Code Enforcement Officer pursuant to § 81-17A of this article.
The person to whom a permit has been issued pursuant to this
article.
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 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.
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.
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 § 81-6 of this article.
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 § 81-7D of this article.
The Town of New Lebanon.
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.
A.
The
office of Code Enforcement Officer is hereby continued. The Code Enforcement
Officer shall administer and enforce all the provisions of the Uniform
Code, the Energy Code, and this article. The Code Enforcement Officer
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 therein such terms
and conditions as the Code Enforcement Officer may determine to be
appropriate;
(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 article;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board of the Town;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the attorney for the Town, to pursue such legal
actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this article, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
article; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Code Enforcement Officer by this article.
B.
The
Code Enforcement Officer shall be appointed by the Town Board. The
Code Enforcement Officer 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 Code Enforcement
Officer shall obtain certification from the Department of State pursuant
to the Executive Law and the regulations promulgated thereunder.
C.
In
the event the Code Enforcement Officer is unable to serve as such
for any reason, another individual shall be appointed by the Town
Board as the Acting Code Enforcement Officer. The Acting Code Enforcement
Officer shall, during the term of appointment, exercise all powers
and fulfill all duties conferred upon the Code Enforcement Officer
by this article.
D.
One
or more inspectors may be appointed by the Town Board to act under
the supervision and direction of the Code Enforcement Officer and
to assist the Code Enforcement Officer in the exercise of the powers
and fulfillment of the duties conferred upon the Code Enforcement
Officer by this article. 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 code enforcement personnel, and each inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
E.
The
compensation for the Code Enforcement Officer and inspectors shall
be fixed from time to time by the Town Board of the Town.
A.
Building permits required. Except as otherwise provided in Subsection B of this Section, 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 Town.
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
(townhouses), which are used for tool and storage sheds, playhouses,
or similar uses, provided the gross floor area does not exceed 144
square feet;
(2)
Construction of temporary sets and scenery associated with motion
picture, television, and theater uses;
(3)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(4)
Installation of partitions or movable cases less than five feet nine
inches in height;
(5)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(6)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(7)
Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications;
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 building permits shall be made
in writing on a form provided by or otherwise acceptable to the Code
Enforcement Officer. The application shall be signed by the owner
of the property where the work is to be performed or by an authorized
agent of the owner. The application shall include such information
as the Code Enforcement Officer deems sufficient to permit a determination
by the Code Enforcement Officer 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 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 of constructions documents (drawings and/or specifications)
which:
(a)
Show 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 finish grades, and, as applicable, flood hazard areas,
floodways, and design flood elevations; and
(i)
Evidence that the documents were prepared by a 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 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(6) of this section. Construction documents
which are accepted as part of the application for a building permit
shall be marked as accepted by the Code Enforcement Officer in writing
or by stamp, or in the case of electronic media, an electronic marking.
One set 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 code enforcement personnel.
However, the return of a set of accepted construction document to
the applicant shall not be construed as authorization to commence
work, nor as an indication that a building permit 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
Code Enforcement Officer 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 Code Enforcement Officer of any
change occurring during the course of the work. The building permit
shall contain such directive. If the Code Enforcement Officer 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 six 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 subdivision may be renewed upon application by the permit
holder, payment of the applicable fee, and approval of the application
by the Code Enforcement Officer.
J.
Revocation
or suspension of building permits. If the Code Enforcement Officer
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 Code Enforcement Officer shall revoke the building permit
or suspend the building permit until such time as the permit holder
demonstrates that:
A.
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer 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 the building permit;
(2)
Preparation for footings and foundation walls;
(3)
Footings and foundation prior to backfilling;
(4)
Preparation for concrete slab;
(5)
Framing;
(6)
Structural, electrical, plumbing, mechanical, fire-protection, and
other similar service systems of the building;
(7)
Fire-resistant construction;
(8)
Fire-resistant penetrations;
(9)
Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
(10)
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;
(11)
Installation, connection, and assembly of factor manufactured buildings
and manufactured homes; and
(12)
A final inspection after all work authorized by the building permit
has been completed.
C.
Remote
inspections. At the discretion of the Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer or 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 Code Enforcement Officer 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 Code Enforcement Officer is authorized to issue stop-work
orders pursuant to this section. The Code Enforcement Officer shall
issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer 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;
(2)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, 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.
C.
Service
of stop-work orders. The Code Enforcement Officer 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 Code Enforcement
Officer 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 Code Enforcement Officer 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 § 81-17, Enforcement; penalties for offenses, of this article 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 Code
Enforcement Officer 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 Code Enforcement
Officer or an inspector authorized by the Code Enforcement Officer
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 Code Enforcement
Officer, at the expense of the applicant for the certificate of occupancy
or certificate of compliance, shall be provided to the Code Enforcement
Officer 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 Code Enforcement Officer issuing the certificate
of occupancy or certificate of compliance and the date of issuance.
D.
Temporary
certificate of occupancy.
(1)
The Code Enforcement Officer 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 Code Enforcement Officer issue a temporary certificate of occupancy
unless the Code Enforcement Officer determines:
(a)
That the building or structure, or portion thereof covered by
the temporary certificate of occupancy, may be occupied safely;
(b)
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
(c)
That all required means of egress from the structure have been
provided.
(2)
The Code Enforcement Officer 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 six months,
which shall be determined by the Code Enforcement Officer 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
the Energy Code.
E.
Revocation
or suspension of certificates. If the Code Enforcement Officer determines
that a certificate of occupancy, certificate 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 Code Enforcement Officer within such period
of time as shall be specified by the Code Enforcement Officer, the
Code Enforcement Officer shall revoke or suspend such certificate.
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.
A.
Operating 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;
(b)
Chapter 24, Flammable Finishes. Operations utilizing flammable
or combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(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;
(e)
Chapter 31, Tents, Temporary Special Event Structures, and Other
Membrane Structures. Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
(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 byproducts
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 or 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.
(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 the Town Board;
and
(9)
Other processes or activities or for operating any type of building,
structure, or facility as determined by the Town Board.
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.
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 Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer 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 Code Enforcement Officer, at the expense of the
applicant.
C.
(Reserved)
D.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer 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 Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, 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 Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
Town 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
which the premises fail to comply with either or both of the Uniform
Code or 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 Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single operating permit to apply to all such activities.
F.
Duration of operating permits. Operating permits shall be issued
for a specified period of time consistent with local conditions, but
in no event to exceed the following:
(1)
One hundred eighty days for tents, special event structures, and
other membrane structures;
(2)
Sixty days for alternative activities at a sugarhouse;
(3)
Three years for the activities, structures, and operations determined per Subsection A(9) of this section; and
(4)
One year for all other activities, structures, and operations identified in Subsection A of this section.
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 Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
G.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with an 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 Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
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 public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities; and
(3)
At least once every 36 months for multiple dwellings and all nonresidential
occupancies.
B.
Remote inspections. At the discretion of the Code Enforcement Officer
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 Code Enforcement Officer 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 Code Enforcement Officer
or such authorized inspector that the premises conform to the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference, as may be in effect from time to time and their
successor(s), and the applicable provisions of 19 NYCRR Part 1226
and the publications incorporated therein by reference, as may be
in effect from time to time and their successor(s). Should a remote
inspection not afford the Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer 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 Code Enforcement Officer of any other information,
reasonably believed by the Code Enforcement Officer 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 article 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 Code Enforcement Officer 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 Code Enforcement Officer or by an inspector, provided
that:
(1)
The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e),
as in effect from time to time and its successor(s);
(2)
The Code Enforcement Officer 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 Code Enforcement Officer; and
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.
Definitions. For the purposes of this section:
(1)
The term "condition assessment" means 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;
(2)
The term "deterioration" means the weakening, disintegration, corrosion,
rust, or decay of any structural element or building component, or
any other loss of effectiveness of a structural element of building
component;
(3)
The term "parking garage" means 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:
(4)
The term "professional engineer" means 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;
(5)
The term "responsible professional engineer" means 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.
(6)
The term "unsafe condition" includes the conditions identified as
"unsafe" in §§ 304.1.1, 305.1.1, and 306.1.1 of the
PMCNYS; and
(7)
The term "unsafe structure" means 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 Town, 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 July 1, 2023.
D.
Periodic condition assessments. Following the initial condition assessment
of a parking garage, such parking garage shall undergo periodic condition
assessments not less frequently than every 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 Subsection D 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 Code Enforcement Officer becomes aware of any new or increased deterioration which, in the judgment of the Code Enforcement Officer, 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 D 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 Code Enforcement Officer 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 Code Enforcement Officer 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 has 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 of condition assessment reports. The Code Enforcement Officer 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 Code Enforcement Officer shall, by order to remedy or such other means of enforcement as the Code Enforcement Officer 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 Subsection F of this section. All repair and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Code Enforcement Officer 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 Town 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 Town with a written statement attesting to the
fact that he or she has been so engaged, the Town shall make the previously
prepared condition assessment reports for such parking garage (or
copies of such reports) available to such professional engineer. The
Town 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 Code Enforcement Officer:
(1)
To perform such construction inspections as are required by § 81-5, Construction inspections, of this article;
(2)
To perform such periodic fire safety and property maintenance inspections as are required by § 81-11, Fire safety and property maintenance inspections, of this article;
(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 Code Enforcement Officer 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 Code Enforcement Officer shall determine the climatic and geographic
design criteria for buildings and structures constructed within the
Town 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:
B.
The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to Subsection A of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public.
A.
The Code Enforcement Officer shall keep permanent official records
of all transactions and activities conducted by all Code Enforcement
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 Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 81-15, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B.
The Code Enforcement Officer shall annually submit to the Secretary
of State, on behalf of the Town, on a form prescribed by the Secretary
of State, a report of the activities of the Town relative to the administration
and enforcement of the Uniform Code.
C.
The Code Enforcement Officer 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
the Town 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 Code Enforcement Officer 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 article. An order to remedy shall be in writing;
shall be dated and signed by the Code Enforcement Officer; shall specify
the condition or activity that violates the Uniform Code, the Energy
Code, or this article; shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this article 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 article or by any other applicable statute,
regulation, rule, local law or ordinance, and which the Code Enforcement
Officer may deem appropriate, during the period while such violations
are being remedied. The Code Enforcement Officer 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 Code Enforcement
Officer 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 order.
B.
Appearance tickets. The Code Enforcement Officer 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 article 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 Code Enforcement
Officer pursuant to any provision of this article, shall be punishable
by a fine of not more $250 per day of violation, or imprisonment not
exceeding 15 days, or both; and
(2)
Any person who violates any provision of the Uniform Code, the Energy
Code or this article, 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 Code Enforcement Officer pursuant to any provision of this
article, shall be liable to pay a civil penalty of not more than $200
for each day or part thereof during which such violation continues.
The civil penalties provided by this subparagraph shall be recoverable
in an action instituted in the name of the Town.
D.
Injunctive relief. An action or proceeding may be instituted in the
name of the Town, 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 article,
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 Code Enforcement Officer pursuant to any provision of this
article. In particular, but not by way 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 article, or any stop-work
order, Order to Remedy or other order obtained under the Uniform Code,
the Energy Code or this article, an action or proceeding may be commenced
in the name of the Town 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 subdivision shall be commenced without the appropriate authorization
from the Town Board.
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 § 81-6, Stop-work orders, of this article, in any other section of this article, 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 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]
A.
The New York State Energy Conservation Construction Code (hereinafter
referred to as the "State Energy Code") is adopted by the State Fire
Prevention and Building Code Council (hereinafter referred to as the
"Code Council") pursuant to Article 11 of the NY Energy Law.
B.
The State Energy Code includes the provisions contained in Part 1240
of Title 19 of the New York Codes, Rules and Regulations (hereinafter
referred to as "Part 1240") and the publications incorporated by reference
in Part 1240.
C.
The publications currently incorporated by reference in Part 1240
include, but are not limited to, the 2020 edition of the Energy Conservation
Construction Code of New York State (hereinafter referred to as the
"2020 ECCCNYS") and the 2016 edition of ASHRAE 90.1 (hereinafter referred
to as "ASHRAE 90.1-2016").
D.
The 2020 ECCCNYS is based on the 2018 edition of a publication entitled
International Energy Conservation Code (hereinafter referred to as
the "2018 IECC").
E.
The New York State Energy Research and Development Authority (hereinafter
referred to as NYSERDA) has issued a publication entitled NYStretch
Energy Code 2020, Version 1.0, dated July 2019 (hereinafter referred
to as "NYStretch"). NYStretch modifies certain sections, certain tables,
and a certain appendix in the 2018 IECC; adds certain sections, certain
tables, and certain appendices to the 2018 IECC; modifies certain
sections and certain tables in ASHRAE 90.1-2016; and adds certain
new sections to ASHRAE 90.1-2016.
F.
Studies commissioned by NYSERDA indicate that modifying the State
Energy Code in the manner contemplated by NYStretch can result in
significant savings in energy usage and energy costs.
G.
Article 11 of the NY Energy Law authorizes municipalities to adopt
local energy conservation construction codes that are more stringent
than the State Energy Code.
H.
The Town of New Lebanon desires to adopt as its local energy conservation
code the State Energy Code as modified in the manner contemplated
by NYStretch, except as otherwise provided herein.
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.
