Village of New Paltz, NY
Ulster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 90.
Code enforcement — See Ch. 95.
Housing standards — See Ch. 129.
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 this Village of New Paltz. This chapter is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform 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 of this chapter.
In this chapter:
BUILDING PERMIT
A permit issued pursuant to § 86-4 of this chapter. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 86-7B of this chapter.
CODE ENFORCEMENT OFFICIAL
The Code Enforcement Official appointed pursuant to § 86-3B of this chapter.
CODE ENFORCEMENT PERSONNEL
Includes the Code Enforcement Official and all inspectors.
CONDITIONAL CERTIFICATE
A certificate issued pursuant to § 86-7D of this chapter.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 86-3D of this chapter.
OPERATING PERMIT
A permit issued pursuant to § 86-10 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.
ORDER TO REMEDY
An order issued by the Code Enforcement Official pursuant to § 86-15A of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Includes 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.
STOP WORK ORDER
An order issued pursuant to § 86-6 of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
VILLAGE
The Village of New Paltz.
A. 
The office of Code Enforcement Official is hereby created. The Code Enforcement Official shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this chapter. The Code Enforcement Official 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, conditional certificates 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, conditional certificates and operating permits, and to include in building permits, certificates of occupancy, certificates of compliance, conditional certificates and operating permits such terms and conditions as the Code Enforcement Official 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, conditional certificates 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 § 86-15A (Violations) of this chapter;
(7) 
To maintain records;
(8) 
To collect fees as set by the Board of Trustees of the Village of New Paltz;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with the Village of New Paltz attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy 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 Code Enforcement Official by this chapter.
B. 
The Code Enforcement Official shall be appointed by the Mayor, subject to the approval of the Board of Trustees. The Code Enforcement Official 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 Official shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Code Enforcement Official is unable to serve as such for any reason, an individual shall be appointed by the Mayor, subject to the approval of the Board of Trustees, to serve as acting Code Enforcement Official. The acting Code Enforcement Official shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Official by this chapter.
D. 
One or more inspectors may be appointed by the Mayor, subject to the approval of the Board of Trustees, to act under the supervision and direction of the Code Enforcement Official and to assist the Code Enforcement Official in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Official 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 code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E. 
The compensation for the Code Enforcement Official and Inspectors shall be fixed from time to time by the Board of Trustees of the Village of New Paltz.
A. 
Building permits required. Except as otherwise provided in Subsection B, 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 Code Enforcement Official.
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 (13.88 square meters);
(2) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(4) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(5) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(6) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(7) 
Installation of partitions or movable cases less than five feet nine inches in height;
(8) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(9) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(10) 
Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(11) 
Repairs, provided that such repairs do not involve (i) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time.
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 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 Code Enforcement Official. 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 Code Enforcement Official deems sufficient to permit a determination by the Code Enforcement Official 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 proposed work;
(2) 
The tax map number and the street address of the premises where the work is to be performed;
(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 construction documents (drawings and/or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York state registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
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). Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Official in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Official, 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 Code Enforcement 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 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 Official 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 Official of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Official 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 subsection may be renewed upon application by the permit holder, payment of the applicable renewal fee, and approval of the application by the Code Enforcement Official.
J. 
Revocation or suspension of building permits. If the Code Enforcement Official 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 Official 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.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 86-16, Fees, of this chapter must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
A. 
Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Official or by an inspector authorized by the Code Enforcement Official. The permit holder shall notify the Code Enforcement Official when any element of work described in Subsection B is ready for inspection.
B. 
Elements of work to be inspected. The following elements of the construction process shall be inspected made, 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) 
Building systems, including underground and rough-in;
(6) 
Fire resistant construction;
(7) 
Fire resistant penetrations;
(8) 
Solid fuel burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permit has been completed.
C. 
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 where the work fails to comply with the Uniform Code or Energy Code. 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.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 86-16, Fees, of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section.
A. 
Authority to issue. The Code Enforcement Official is authorized to issue stop work orders pursuant to this section. The Code Enforcement Official shall issue a stop work order to halt:
(1) 
Any work that is determined by the Code Enforcement Official 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 Code Enforcement Official, 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 Code Enforcement Official, (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 Code Enforcement Official 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 registered mail. The Code Enforcement Official 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 registered 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.
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, 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 § 86-15, Violations, 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 are required. A certificate of occupancy or a 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 a certificate of compliance.
B. 
Issuance of certificates of occupancy and certificates of compliance. The Code Enforcement Official shall issue a certificate of occupancy or a 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 Official or an inspector authorized by the Code Enforcement Official shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or a 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 Official, at the expense of the applicant for the certificate of occupancy or the certificate of compliance, shall be provided to the Code Enforcement Official prior to the issuance of the certificate of occupancy or the certificate of compliance:
(1) 
A written statement of structural observations and/or a final report of special inspections, and
(2) 
Flood hazard certifications.
C. 
Contents of certificates of occupancy and certificates of compliance. A certificate of occupancy and a 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, address and tax map number of the property;
(4) 
If the certificate of occupancy or the 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 the certificate of compliance is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupant load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Code Enforcement Official issuing the certificate of occupancy or the certificate of compliance and the date of issuance.
D. 
Conditional certificate. The Code Enforcement Official shall be permitted to issue a conditional certificate allowing the conditional 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 Official issue a conditional certificate unless the Code Enforcement Official determines (1) that the building or structure, or the portion thereof covered by the conditional certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Official may include in a conditional certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A conditional certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Official and specified in the conditional certificate along with any other specified conditions for occupancy. During the specified period of effectiveness of the conditional certificate, 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 Official determines that a certificate of occupancy or a certificate of compliance or a conditional certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Official within such period of time as shall be specified by the Code Enforcement Official, the Code Enforcement Official shall revoke or suspend such certificate.
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 86-16, Fees, of this chapter must be paid at the time of submission of an application for a certificate of occupancy or a certificate of compliance or for a conditional certificate.
The chief of any fire department providing firefighting services for a property within the Village of New Paltz shall promptly notify the Code Enforcement Official of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.
Unsafe structures and equipment in the Village of New Paltz shall be identified and addressed in accordance with the procedures set forth in Chapter 90, as now in effect or as hereafter amended from time to time.
A. 
Operation permits required. Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(1) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 5003.1.1(1), 5003.1.1(2), 5003.1.1(3),5003.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1;
(2) 
Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
(3) 
Use of pyrotechnic devices in assembly occupancies;
(4) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(5) 
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 the Village of New Paltz. Any person who proposes to undertake any activity or to operate any type of building listed below (specific cases include but are not limited to) shall be required to obtain an operating permit prior to commencing such activity or operation;
(a) 
Acetylene generators: To operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
(b) 
Automobile tire-rebuilding plants: To operate an automobile tire-rebuilding plant.
(c) 
Automobile wrecking yards: To operate an automobile wrecking yard.
(d) 
Bowling establishments: For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
(e) 
Cellulose nitrate motion-picture film: To store, keep, or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(f) 
Cellulose nitrate plastics (pyroxylin):
[1] 
To store, keep, or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
[2] 
To manufacture articles of cellulose nitrate plastics (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(g) 
Combustible fibers: To store, handle, or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
(h) 
Combustible materials: To store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels, or similar containers, rubber tires, baled cotton, cotton, rubber, cork, or other similar materials in excess of 2,500 cubic feet gross volume, on any premises.
(i) 
Compressed gases:
[1] 
To store, handle, or use at normal temperatures and pressures more than:
[a] 
Two thousand cubic feet of flammable compressed gas; or
[b] 
Six thousand cubic feet of nonflammable compressed gas.
[2] 
To store, handle, or use any quantity of liquefied natural or hydrogen gas.
(j) 
Cryogenics: To store, handle, or use cryogenic fluids, except cryogenics used as motor fuel and stored in motor vehicle tanks, as follows:
[1] 
Production, sale, or storage of cryogenic fluids.
[2] 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers, or liquefied oxygen in excess of 10 gallons.
(k) 
Dry-cleaning plants: To use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(l) 
Dust-producing plants: To operate any grain elevator, flour, starch, or feed mill, woodworking plant, or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur, or other materials producing explosive-potential dust.
(m) 
Explosives, ammunition, and blasting agents:
[1] 
To manufacture, possess, store, sell, or otherwise dispose of explosives and blasting agents.
[2] 
To use explosives or blasting agents.
[3] 
To operate a terminal for handling explosives or blasting agents.
(n) 
Flammable and combustible liquids:
[1] 
To store, handle, or use flammable liquids in excess of 6 1/2 gallons inside dwellings; or in excess of 10 gallons inside any other building or other occupancy; or in excess of 60 gallons outside of any building. This provision shall not apply to:
[a] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat, or portable heating plant; or
[b] 
Paints, oils, varnishes, or similar flammable mixtures, when such liquids are stored for maintenance, painting, or similar purposes.
[2] 
To store, handle, or use combustible liquids in excess of 25 gallons inside a building; or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
[3] 
A permit shall be obtained for the initial installation of an oil burner and a fuel oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner.
[4] 
For processing, blending, or refining of flammable or combustible liquids.
(o) 
Flammable finishing: For spraying, coating, or dipping operations utilizing flammable or combustible liquids.
(p) 
Fruit-ripening process: To conduct a fruit-ripening process using ethylene gas.
(q) 
Fumigation and thermal insecticidal fogging: To conduct fumigation or thermal insecticidal-fogging operations.
(r) 
Hazardous chemicals:
[1] 
To store, handle, or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or 1,000 pounds or more of animonium nitrate, ammonium nitrate fertilizers, and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
[2] 
To store, handle, or use any quantity of air-reactive, water-reactive, or unstable materials.
(s) 
Junkyards: To operate a junkyard.
(t) 
Liquefied petroleum gas: For each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons of water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social, or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders and have it available for inspection.
(u) 
Lumberyards: To operate a lumberyard.
(v) 
Magnesium: For melting, casting, heat treating, machining, or grinding of more then 10 pounds of magnesium per working day.
(w) 
Matches:
[1] 
To manufacture matches.
[2] 
To store matches in excess of 25 cases of matches. (Note: One case equals one matchman's gross of 14,400 matches.)
(x) 
Organic coatings: To perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(y) 
Ovens and furnaces: To operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which during operation contain flammable vapors from the material in the oven or the catalytic combustion system.
(z) 
Places of assembly: To maintain, operate, or use a place of assembly with an occupant load of 100 persons or more.
(aa) 
Service stations and repair garages: To operate a service station or repair garage.
(bb) 
Welding and cutting: To operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
(cc) 
Use of pyrotechnic devices in assembly occupancies.
(dd) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Building Inspector.
(6) 
Any person who proposes to undertake any activity or to operate any type of building listed in this subsection 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 Official. Such application shall include such information as the Code Enforcement Official deems sufficient to permit a determination by the Code Enforcement Official that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Official 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 Official, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Official or an Inspector authorized by the Code Enforcement Official shall inspect the subject premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Official may require a separate operating permit for each such activity, or the Code Enforcement Official may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Official to be consistent with local conditions. 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 Official, payment of the applicable fee, and approval of such application by the Code Enforcement Official.
F. 
Revocation or suspension of operating permits. If the Code Enforcement Official 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.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 86-16, Fees, of this chapter must be paid at the time submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.
A. 
Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Official or an inspector designated by the Code Enforcement Official at the following intervals:
(1) 
Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) and (2), and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) and (2), shall be performed in accordance with Chapter 29, Residential Rental Housing Code.
B. 
Inspections permitted. In addition to the inspections required by Subsection A, 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 Official or an Inspector designated by the Code Enforcement Official 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 Official 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 Official of any other information, reasonably believed by the Code Enforcement Official 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.
C. 
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 under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary:
(1) 
The Code Enforcement Official shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Code Enforcement Official shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Code Enforcement Official shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) OFPC if performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3); and
(4) 
The Code Enforcement Official shall not perform fire safety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) if OFPC performs fire safety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3).
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 86-16, Fees, of this chapter must be paid prior to or at the time each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
The Code Enforcement Official 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, 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 Official 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 § 86-15, Violations, 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. 
The Code Enforcement Official 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, conditional 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 other features and activities specified in or contemplated by §§ 86-4 through 86-12, inclusive, of this chapter, including; and
(9) 
All fees charged and collected.
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 Official shall annually submit to the Board of Trustees of the Village of New Paltz a written report and summary of all business conducted by the Code Enforcement Official and the inspectors, including a report and summary of all transactions and activities described in § 86-13, Record keeping, of this chapter and a report and summary of all appeals or litigation pending or concluded.
B. 
The Code Enforcement Official shall annually submit to the Secretary of State, on behalf of this Village of New Paltz, on a form prescribed by the Secretary of State, a report of the activities of the Village of New Paltz relative to administration and enforcement of the Uniform Code.
C. 
The Code Enforcement Official shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Village of New Paltz is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village of New Paltz in connection with administration and enforcement of the Uniform Code.
A. 
Orders to remedy. The Code Enforcement Official 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 Code Enforcement Official; 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."
(1) 
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 Code Enforcement Official may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Official 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 Official 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 Code Enforcement Official and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code.
C. 
Civil penalties. In addition to those penalties prescribed by state law, 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, conditional certificate, stop work order, operating permit or other notice or order issued by the Code Enforcement Official pursuant to any provision of this chapter, shall be liable to 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 subsection shall be recoverable in an action instituted in the name of the Village of New Paltz.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of the Village of New Paltz, 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, conditional certificate, stop work order, operating permit, order to remedy, or other notice or order issued by the Code Enforcement Official pursuant to any provision of this chapter. 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 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 the Village of New Paltz, 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 the Village of New Paltz.
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 section 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 section 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board of Trustees of the Village of New Paltz. 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, conditional certificates, operating permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Official described in or contemplated by this chapter.
The Board of Trustees of the Village of New Paltz may, by resolution, authorize the Mayor of the Village of New Paltz to enter into an agreement, in the name of the Village of New Paltz, 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.
[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. 
As used in this article, the following terms shall have the meanings indicated:
APPROVED SPRINKLER SYSTEM
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.
NFPA
National Fire Protection Association.
NFPA 13D FIRE SPRINKLER SYSTEM
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.
Failure to comply with any provision of this article shall be administered in accordance with § 86-15 of this chapter. However, the suspension of any certificate of occupancy and/or rental registration permit shall take effect in the time frame specified in § 86-22 of this chapter.
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:
(1) 
The application of the strict letter of this chapter would create a practical difficulty or unnecessary hardship for the applicant; and
(2) 
The omission of an approved sprinkler system from all or part of a building will not significantly jeopardize human life.
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.