[Adopted 12-14-2006 by L.L. No. 7-2006; amended 12-18-2008 by L.L. No. 5-2008]
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:
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.
ENERGY CODE
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
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.
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.
TOWN
The Town of New Paltz.
TOWN BOARD
The Town Board of the Town of New Paltz.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter 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 §
78-15, 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, firesafety 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.
[Adopted 12-18-2008 by L.L. No. 5-2008]
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 "WaterSense"
labeled appliances and plumbing fixtures.
[Added 7-28-2011 by L.L. No. 3-2011]
[Amended 7-28-2011 by L.L. No. 3-2011]
A. Building permits required. In addition to the provisions contained in Article
I of this chapter, no building permit shall be issued on and after the effective date of Article
II of this chapter for the construction of any one-family dwelling, two-family dwelling or multifamily dwelling of three stories or less unless the applicant certifies that the work will meet or exceed the minimum mandatory requirements for an Energy Star® Qualified Home which shall include "WaterSense" labeled appliances and plumbing fixtures.
B. Certificates of occupancy/compliance required. In addition to the provisions contained in Article
I of this chapter, no required certificate of occupancy or certificate of compliance shall be issued for any one-family dwelling, two-family dwelling or multifamily dwelling of three stories or less for which a building permit was issued on or after the effective date of Article
II of this chapter unless the work which was the subject of such building permit has been independently inspected and verified by a Home Energy Rater as meeting or exceeding the minimum mandatory requirements for an Energy Star® Qualified Home which includes "WaterSense" labeled appliances and plumbing fixtures.