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 Town. This chapter is adopted pursuant to
§ 10 of the Municipal Home Rule Law. Except as otherwise
provided in the Uniform Code, other state law, or other sections of
this chapter, all buildings, structures, and premises, regardless
of use or occupancy, are subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A permit issued pursuant to §
78-4. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this chapter.
CODES
The Uniform Code and Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
Fire Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §
78-10. 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 Officer pursuant to §
78-17 of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
TOWN
The Town of New Paltz, County of Ulster, State of New York.
TOWN BOARD
The Town Board of the Town of New Paltz.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law, as amended from time to time.
The chief of any fire department providing fire-fighting 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 structures and equipment in this Town shall be identified and addressed in accordance with the procedures established by Chapter
56, Buildings, Unsafe, of the Code of the Town of New Paltz, as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this 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 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 notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in §
78-17, Penalties for offenses;
C. If appropriate, issuing a stop-work order;
D. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A fee schedule shall be established by resolution of the Town
Board. Such fee schedule may thereafter be amended from time to time
by like resolution. The fees set forth in, or determined in accordance
with, such fee schedule or amended fee schedule shall be charged and
collected for the submission of applications, the issuance of building
permits, amended building permits, renewed building permits, certificates
of occupancy/certificates of compliance, temporary certificates, operating
permits, fire safety and property maintenance inspections, and other
actions of the Code Enforcement Officer described in or contemplated
by this chapter.
The Town Board may, by resolution, authorize the Town Supervisor
to enter into an agreement, in the name of this Town, 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.
It is the intention of this article to protect the public health, safety and welfare of its residents by requiring that certain new dwellings comply with the provisions of Article
I of this chapter and additionally with the Energy Star® labeling program guidelines, thereby ensuring that such dwellings will use less energy than if built solely in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code).
For purposes of this article, the provisions contained in Article
I of this chapter are made applicable to the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
ENERGY STAR® QUALIFIED HOME
A one-family dwelling, a two-family dwelling or multifamily
dwelling of three stories or less qualified as an Energy Star®
qualified home under the Energy Star® labeling program of the
United States Environmental Protection Agency and the United States
Department of Energy.
HOME ENERGY RATER
A person trained to evaluate construction techniques, take
key measurements, and perform inspections under the Energy Star®
labeling program of the United States Environmental Protection Agency
and the United States Department of Energy.
WATER SENSE
A program of the U.S. Environmental Protection Agency (EPA)
to encourage water efficiency through the use of special "Water Sense"
labeled appliances and plumbing fixtures.