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(, c:.. )1/1 c-k
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1136 Route 9
Wappingel'S Falls. NY 12590
Phone: 84$-298-2000
Fax; 845-298-2842
VERGILIS, STENGER,
ROBERTS,PERGAMENT
& VIGLOTTI, LLP
Fax
To:
From: Barbara Gephardl Albert P. Roberts
George Kolb
Mark Liebermann
Marco Caviglia
Jay paggi
297-0579
298~1478
297-5385
471-0905
Date: 09/0812004
Fax:
Re:
Pages: _ page(s) to follow
Pleas8 review this attached Local Law and advise comments. Be
advised It is being Introduced at the September 27th Town Board
Meeting.
RECEIVED
SEP 0 8 2004
TOWN CLERK
SEP-08-2004 WED 11:13 AM
FAX NO,
P. 02/17
RESOLUTION NO. 1004-_
RESOLUTION INTRODUCING LOCAL LAW NO. _ OF THE YEAR 2004,
CONFIRMING THE ADMINISTRATION AND ENFORCEMENT OF THE NYS
UNIFORM FIRE PREVENTION AND BUILDING COPE AND NYS ENERGY
CONSERVATION CONSTRUCTION CODE
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th
day of September, 2004, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Joseph Ruggiero
Council Members
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following resolution was introduced by
and seconded
by
WHEREAS, it has come to the attention of the Town Board that the New York State
Legislature has recently modified the NYS Uniform Fire Prevention and Building Code
(hereinafter referred to as "Unifonn Code'') and NYS Energy Conservation Construction Code
(hereinafter referred to as "Eneray Code''); and
WHEREAS, the Town Board has detennined that the current Town ordinance and Local
Law for administering and enforcing the Unifonn Code and Energy Code were not incorporated
into the Town Code; and
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WHEREAS. the Town Board has determined that it is in the best interest of the citizens
of the Town of Wappinger to adopt a Local Law to reconfirm the authority and responsibility of
the Town of Wappinger to administer and enforce the NYS Uniform. Fire Prevention and
Building Code and the NYS Energy Conservation Construction Code as authorized by the
Legislature; and
WHEREAS, this is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is
otherwise exempt from enviromnental review pursuant to the New York State Environmental
Review Act (SEQRA).
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby introduces for adoption Local Law No._ of 2004 in the
fonn annexed hereto.
3. The Town Board hereby determines that the enactment of the aforementioned
Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and. accordingly, the
Town Board hereby expressly determines that this action is not an action that requires review
pursuant to the provisions of New York State Environmental Review Act (SEQRA) or pmsuant
to Local Law No.6 of 1992 or pursuant to 6 NYCRR Parts (617).
4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No._ of 2004 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls.
New York on the 27th day of September, 2004, at 7:30 p.m.. and the Town Clerk is directed to
post the Notice of the Public Hearing in the fonn annexed hereto and to publish same in the
Southern Dutchess News and Poughkeepsie Journal as required by law.
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The question of the foregoing Resolution was put to a vote on roll call which resulted as
follows:
JOSEPH RUGGIERO, Supervisor
ROBERT L. VALDATI, Councilman
VINCENT F. BETTINA, Councilman
JOSEPH P. PAOLONJ. Councilman
MAUREEN MCCARTHY~ Councilwoman
Dated: Wappingers Falls, New York
,2004
Voting
Voting
Voting
Voting
V oring
The Resolution is hereby duly declared adopted.
Gloria J. Morse, Town Clerk
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NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will
conduct a PUBLIC HEARING on the 27th day of September~ 2004, at 7:30 p.Dl. at the Town
Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York. at which time all
parties in interest and citizens shall have an opportunity to be heard as to whether the Town
Board of the Town of Wappinger shall adopt a proposed Local Law which will reconfirm the
authority and responsibility of the Town of Wappinger to administer and enforce the NYS Uniform
Fire Prevention and Building Code and NYS Energy Conservation Construction Code.
PLEASE TAKE FURTHER NOTICE that the text of the proposed Local Law is
summarized as follows:
1. The purpose of this Local Law is to provide for the administration and
enforcement of the NYS Uniform Fire Prevention and Building Code and NYS
Energy Conservation Construction Code.
2. Pursuant to the authority set forth in the New York State Executive Law ~~381
and 382-Clt the Town hereby adopts and implements the amendments and
definitions contained in the NYS Uniform Fire Prevention and Building Code,
NYS Energy Conservation Construction Code and Title 19 NYCRR Parts 1203
and 1264."
PLEASE TAKE FURTHER NOTICE that the Town Board has detcnnined that
pursuant to 6 NYCRR 617.5 (c) (20) the proposed adoption of the aforementioned Local Law is
a Type II action not requiring environmental review pursuant to the State Environmental Quality
Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no
environmental review has been undertaken.
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PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No._
of the Year 2004 are available for review and inspection at the Office of the Town Clerk on
weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlcbush Road, Wappingers
Falls, New York.
Dated:
,2004
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
GLORIA J. MORSE, TOWN CLERK
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LOCAL LAW NO.
OF THE YEAR 2004
A Local Law entitled ."Local Law No, _ of the Year 20M, Confinning the
Administration and Enforcement of the NYS Uniform Fire Prevention and Building Code and NYS
Energy Conservation Construction Code".
BE IT ENACTED by the Town Board of the Town of Wappinger as follows;
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger Local Law No. _ of
2004 entitled "Local Law No. _ of the Year 2004, Confirming the Administration and
Enforcement of the NYS Unifonn Fire Prevention and Building Code and NYS Energy
Conservation Construction Code", This Local Law No. _ of the Year 2004 hereby establishes
and creates Chapter 85 "Building, Fires and Energy Codes" of the Town of Wappinger as
follows:
"Seetion 85-1: LEGISLATIVE INTENT AND PURPOSE,
This Local Law &ball provide for administration and enforcement of the New York State
Uniform Fire Prevention and Building Code (hereinafter referred to as "'Uniform Code")
and NYS Energy Conservation Construction Code (hereinafter referred to as .'Energy
Code") in the Town of Wappinger pursuant to Executive Law ~~381 and 382-a as well as
Title 19 NYCRR Parts 1203 and 1.264. This Local Law is adopted pursuant to Section 10 of
Article 2 of the Municipal Home Rule Law. Except as otheTWise provided within this law,
state law, or within the Uniform Code and/or Energy Code, all premises regardless of use,
are subject to the provisions which follow.
It has come to the attention of the Town Board oithe Town ofWappingcr that the New
York State Legislature has updated and modified the Unifonn Code and Energy Code.
The administration and enforcement of the Unifonn Code is self-executing and does not
require its formal adoption by a municipality. However, the Town Board has determined
that it is in the best interest of the citizens of the Town of Wappinger to adopt a Local
Law to ensure that there is no ambiguity with respect to the administration and
enforcement of the Uniform Code and/or the Energy Code. The Town Board determines
that it is appropriate to implement and confirm the provisions of the new Uniform Code
and Energy Code to ensure that the Town of Wappinger has the most current and highest
standards of fire prevention, building safety and energy conservation. The Town Board
has detennined that to the extent that the Unifonn Code and Energy Code have been
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modified and adopted by the New York State Legislature, the Town of Wappinger is best
served by incorporating and updating its Town Code to confinn the Town's
administration and enforcement of these Codes. Accordingly, Chapter 8S of the Town
Code shall be created and adopted to implement the provisions of this Local Law. This
Local Law shaJl therefore implement and confirm the provisions of the Unifonn Code
and Energy Code in their entirety, including Title 19 of the New York Code, Rules and
Regulations, Parts 1203 and 1264.
SectioD 85-2: INTERMUNICIPAL CONTRACTS.
The Town Board may, by Resolution, authorize the Supervisor to enter into a Contract
with other governments to carry out the tenns of this Local Law.
SectiOD 8S-3: ADOPTION OF THE NYS UNIFORM FIRE PREVENTION
AND BUD..DING CODE AND NYS ENERGY CONSERVATION
CONSTRUCTION CODE.
(; .A'" In the absence of Enforcement Officer(s), or in the case of their inability to act
^"v~ \ for any reason, the Town Supervisor shall have the power, with the consent of
I the Town Board to designate a person(s) to act in behalf of the Enforcement
Officer(s) and to exercise all the powers conferred upon the Enforcement
J1 Ofiiccr(s) by this ordinance.
~ ~\if' All Enforcement Officers shall administer and enforce all the provisions of the
(,' Uniform Code, Energy Code and the provisions of this Local Law, including
1\ ~ ".Y.T' receiving building permit applications, reviewing plans and specifications,
~ v \ ~ V ~ ~~ conducting inspections, issuing permits for the erection, alteration, relocation,
C\' ' '.1 addition, repair andlor demolition of buildings and structures, issuing
J.. f" ~ Certificates of Occupancy, collecting fees as set forth by the Town Board and
~~ maintainina and filing all t'ecords necessary for the administration of the
office: to the satisfaction of the Town Board. All Enforcement Officers are
authorized to pursue administrative actions and in consultation with the Town
attorney, legal action as necessary to abate conditions not in compliance with
the New York State Unifonn Fire Prevention and Building Code, New York
Pursuant to the authority set forth in the New York State Executive Law ~~381
and 382-a, the Town hereby adopts and implements the amendments and
definitions contained in the Unifonn Code and Energy Code. ....... .... .
Section 85-4. ENFORCEMENT OFFlCE~, D~I~~-~~~ ;~~ERS. C A #J/~-:7~
Ih JL~J III tl~ ,jtl)"-( '1 ~TI"".v.AJldA ~
A. All Enforcement Officers 4atJ possess background experience related to
building construction or fire prevention and shall, within the time constraints
proscribed by law, obtain such training as the State of New York shall require
for Enforcement Officers.
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State Energy Conservation Construction Code, this local law. or other laws,
roles and regulations of the Town of Wappinger or of the State of New York.
1.
2.
DING PERMIT.
Except as hereinafter provided, no person, finn or corporation,
association or partnership shall commence the construction,
enlargement, alteration, improvement. removal, relocation or
demolition of any building or structure or any portion thereof. or
install a solid fuel burning heating appliance. ~~or f1~!lJ
any dwelling unit, without first having obtained ~
N~ shall b. required for.
(a) necessary repairs which do not materiaJly affect structural
features;
(b) alterati
to existing buildings. provided that the a1terations:~
cost less than $10,000
(ii) do not materially affected structural features;
(Hi) do not affect the tire safety features such as smoke
detectors. sprinklers. required fire separations and
exits;
(iv) do not involve the installation or extension of
electrical systems;
(v) do not include the installation of solid fuel burning
heating appliances and associated chimneys
flues.
(e) Residential sto~age nonconunercial
structures less 40 quare feet which are not intended
for use by one 0 re persons as quarters for living,
sleeping, eating or cooking; for example, a small storage
building; and
(d) Nonresidential fann buildings. including bams, sheds,
poultry house and other buildings used directly and solely
for agricultural purposes.
p, 09/17
~
Application for a permit.
1. The application for a building permit, and its accompanying
documents, shall contain sufficient infOP.,Dation to pennit a
detennination that the intended wor~~ord,( with. the
requirements of the Uniform Code.
B.
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2. The fonn of the pennit and application therefore shall be
prescribed by the Enforcement Officer. The application shall be
signed by the owner (or his authorized agent) of the building and
shall contain at least the following:
(a) full name and address of the owner and if by a corporation.
the name and address of the responsible officials;
(b) identification and/or description of the land on which the
work is to be done;
(c) description of use or occupancy of the land and existing or
proposed building;
(d) description of the proposed work;
(0) three sets of plans and specifications for the proposed work;
(t) the required fee.
3. The Enforcement Officer may waive the requirement of plans and
specifications when the work to be done involves minor alterations
or 1S otherwise unnecessary.
4. Applicant shall notify the Enforcement Officer of any changes in
the information contained in the application during the period fot
which the pennit is in effect. A pennit will be issued when the
application has been determined to be complete and when the
proposed work has been detennined to confonn to the
requirements of the Unifonn Code. The authority conferred by
such permit may be limited by conditions, if any, contained
therein. Amendments. if any, to the application or to the plans and
specifications accompanying the same shall be filed with the
Enforcement Officer and approval shall be received from the
Enforcement Officer prior to the commencement of such change of
work.
C. General Requirements.
1. A building permit issued pursuant to this Local Law shall be
prominently displayed on the property or premises to which it
pertains.
2. A building permit issued pursuant to this Local Law may be
suspended or revoked if it is determined that the work to which it
pertains is not proceeding in conformance with the Unifonn Code
or with any condition attached to such permit, or of there has been
misrepresentation or falsification of material fact in connection
with the application for the pennit.
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3. it issued pursuant to this Local Law shall expire
m the date of issuance or UpOn the issuance of a
certificate occupancy (other than a temporary certificate of
occ oy), whichever occurs first. The penuit may, upon written
request be renewed for successive one.year periods provided that:
'Jvr ~
(a) the permit has not been revoked or suspended at the time the
application for renewal is made;
(b) the relevant information in the application is up to date; and
(c) the renewal fee is paid.
Section 85-6; FEES.
A fee schedule shall be established, and changed as needed, by Resolution of the
Town Board. Such fees may be charged for the issuance of permits, Certificates
of Occupancy, temporary Certificates of Occupancy and for fire safety
inspections.
Seetion 8S-7; CERTlFlCA~t:CUPANCY.
A. No building erectedJ. SUb~ct; to the New York State Unifonn Fire
Prevention and B\fi1ding Code and the New York State Energy
Conservation Construction Code shall be used or occupied, except to the
extent authori;z;ed hereunder, until a Certificate of Occupancy has been
issued. No building similarly enlarged, extended, or altered, or upon
which work has been performed which requires the issuance of a building
permit shall be occupied or used more than 30 days after the completion of
the alteration or work unless a Certificate of Occupancy has been issued.
No change shall be made in the nature of the occupancy of an existing
building unless a Certifi~OCCUpancY authorizing the change has ~
been issued. The own 4 . s agent shall make application for a
Certificate of Occupancy. ~
B. A temporary Certjficate of Occupancy may be issued if the building or n ~ ~ ')
structure or a designated portion of a building or structure is sufficiently 7'. 1 I ~,
complete that it may be put to the use for which it is intended. A
temporary Certificate of Occupancy shall expire six months from the date
of issuance or at an earlier date if so specified. A temporary Certificate of
Occupancy may, at the discretion of the Enforcement Officer and upon
payment of an additional fee as specified for a temporary Certificate of
Occupancy, be renewed. The Enforcement Officer may place special
conditions on temporary Certificates of Occupancy as necessary to insure
safety and to protect the interest of the Town.
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Seetion 85-8: INSPECTION.
A. Inspections during construction:
t. Work for which a building pencit has been issued hereunder shall
be inspected for approval prior to enclosing or covering any
portion thereof and upon completion of each stage of construction,
including, but not limited to, building location, site preparation,
excavation, foundation, framing, superstructure, electrical.
plumbing and heating and air conditioning. It shall be the
responsibility of the owner, applicant, or his agent to inform the
inspector that the work is ready for inspection and to schedule such
inspection.
2. If entrance to make an inspection is refused or cannot be obtained,
the Town Board, after being notified by the inspector of the
situation, may apply for an order to make an inspection to any
court of competent jurisdiction.
B. Fire Prevention and Safety Inspections.
1. Multiple dwellings shall be inspected for the pwpose of
determining compliance with fire prevention and housing
maintenance requirements of the Unifonn Code at least once in
every thirty-six (36) months. InsPCCitiOns of such buildings shall
include the common areas such as halls, foyers, staircases, etc. and
vacant dwelling units. Where the tenants of occupied dwelling
units allow, the inspection may include such units.
2. Fire safety inspections of buildings or structures having areas of
public assembly as defined in Part 606 of Title 9 of the Official
Compilation of Codes, Rules and Regulations shall be performed
at least once in every twelve (12) months.
3. All other buildings, uses and occupancies (except one or two
family dwellings) shall be inspected at least once in every twenty-
four (24) months.
4. An inspection of a building or dwelling unit may also be
performed at any other time upon:
a. The request of the owner, authorized agent or tenant.
b. Receipt of a written statement alleging the conditions OT
activities failing to comply with the Unifonn Code exists;
or
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c. Other reasonable and reliable information that such a
violation exists.
5. Such inspections shall be performed by the Fire Inspector and
Building Inspector.
Section 85-9: VIOLATIONS.
A. Upon detennination that a violation of the Uniform Code, Energy Code or
this Local Law exists in. on or about any building or premises, a
Enforcement Officer shall order in writing the remedying of the condition.
Such order shall state the specific provision of the Uniform Code and/or
Energy Code which the particular condition violates and shall grant such
time as may be reasonably necessary for achieving compliance before
proceedings to compel compliance shall be instituted. Such order shall be
served personally or by notification by registered mail.
B. In addition to those penalties proscribed by State law, any person, firm or
corporation which violates any provision of the Uniform Code. Energy
Code or any rule and regulation of this Local Law. or the tcrrns and
conditions of any Certificate of Occupancy issued by the Building and
Fire Safety Inspector. 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 subdivision shall be recoverable in an
action instituted in the name of the Town Board on its own initiative or at
the request of the Enforcement Officer.
C. Alternatively or in addition to an action to recover the civil penalties
provided by subsection (b), the Town Board may institute any appropriate
action or proceeding to prevent, restrain, enjoin. COlTCet or abate any
violation of. or to enforce, any provision of the Uniform Code and/or
Energy Code or the terms or conditions of any Certificate of Occupancy
issued by the Enforcement Officer.
Section 85-10: STOP WORK ORDERS.
Whenever a Enforcement Officer has reason to believe that the work on any
building or structure is being performed in violation of the provisions of the
applicable building laws, ordinances, roles or regulations, or not in confonnity
with the provisions of an application, or in an unsafe and dangerous manner, he
shall notify the owner of the property, or the owner's agent. to suspend all work
and suspend all building activities until the Stop Work Order has been rescinded.
Such Order and Notice shall appear in writing, shall state the conditions under
which the work may be resumed and may be served upon a person to whom it is
directed wither by delivering it personally to him. or by posting the same upon a
conspicuous portion of the building where the work is being performed and
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sending a copy of the same to him by registered mail at the address set forth in the
application for the permission of the constIUction of such building.
SeeDOD 85-11: DEPARTMENT RECORDS AND REPORTS.
A. All Enforcement Officers shall keep permanent official records of all
transactions and activities conducted by him, indicated all applications
received. plans approved. permits and certificates issued, fees charges and
collected, inspection reports, all rules and regulations promulgated by him
with the consent of the Town Board, and notices and orders issued. 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.
B. The Town Building Inspector shall annually submit to the Town Board a
written report and summary of all business conducted by the Building
Department, including approvals, permits and certificates issued, fees
collected, orders and notices promulgated, inspections and tests made, and
appeals or litigation pending or concluded:'
SeedOD VI: SeDarabUitv.
The provisions of this Local Law are separable and if any provision. clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicabil1ty, shall
not affect or impair any of the remaining provisions, clauses, sentences. subsections, words or
parts of this local law or their application to other persons or circumstances. It is hereby declared
to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law
would have been adopted if such illegal. invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein, and if such person or circumstance to
which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom.
Section YIl: Effective Date;
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law and shall be deemed retroactive to January 1,2004.
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RESOLUTION NO. 2004-_
RESOLUTION CONFIRMING THE ADMINISTRATION AND ENFORCEMENT OF
"LOCAL LAW NO. _ OF THE YEAR 2004, CONFIRMING THE ADMINISTRATION
AND ENFORCEMENT OF THE NYS uNIFORM FIRE PREVENTION AND BUILDING
CODE AND NYS ENERGY CONSERVATION CONSTRUCTION CODE"
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the_
day of ,2004, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Joseph Ruggiero
Council Members
Robert L. Valdati
Vincent F. Benina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by
and seconded by
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. _ of the Year 2004,
Confinning the Administration and Enforcement of the NYS Uniform Fire Prevention and Building
Code and NYS Energy Conservation Construction Code" for consideration of adoption by the
Town Board; and
WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the
official newspaper of the Town~ and the poughkeepsie Journal; and
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._, .._" ._. __.. _~_._.M 00_'
WHEREAS, a Public Hearing was held on September 27. 2004 and all parties in
attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed
Local Law or any part thereof; and
WHEREAS, the Town Board determined that the proposed Local Law was not subject to
environmental review;. and
WHEREAS, the Town Board of the Town ofWappingcr after due deliberation, finds
that it is in the best interest of the Town to adopt said Local LaW; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth arc incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts the Local Law entitled
"Local Law No. .----- of the Year 2004, Confirming the Administration and Enforcement of the
NYS Unifonn Fire Prevention and Building Code and NYS Energy Conservation ConstrUction
Code" .
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
into the Local Law book for the Town of Wappinger and shall file the Local Law with the
Secretary of State of New York as provided by law.
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The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO. Supervisor Voting
ROBERT L. V ALDATI. Councilman Voting
VINCENT F. BETTINA. Councilman Voting
JOSEPH P. P AOLONI. Councilman Voting -
MAUREEN MCCARTHY. Councilwoman Voting
Dated: Wappingers Falls, New York
. 2004
The Resolution is hereby duly declared adopted.
GLORIA J. MORSE. TOWN CLERK
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