LL# 02-2007Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
MX="X
X of Wappinger------------------
-
Town
�X
Local Law No - -------------- 2--------------------- of the year 20-O7-_
"Amending Chapter 85 of the Town Code known_as__the_Uniform_and___
A local law -- ----------------------------------------- - - - -
(Inscrt Title)
---Energy Code.------------------------------------------------------------------
Be-------------------------------
Town Board ------------------------------ of the
it enacted by the ------ Town--Board
oJLegisfative Body)
E"UA
of ---- WaRpinger----------------------------------------------------------------------- as follows:
Town
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**TEXT COMMENCES ON NEXT PAGE**
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DOS -239 (Rev. 11/99) (1)
LOCAL LAW NO.2 OF THE YEAR 2007
A Local Law entitled "Local Law No. 2 of the Year 2007, Amending Chapter 85 of the
Town Code known as the Uniform and Energy 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. 2 of
the Year 2007, Amending Chapter 85 of the Town Code known as the `Uniform and Energy
Code"'
Section U: Legislative Intent:
This Local Law implements changes to the "Uniform and Energy Code" that are required
by recent amendments to Part 1203 of Title 19 of the Official Compilation of Codes, Rules and
Regulations of the State of New York (NYCRR) which are effective January 1, 2007. By
adoption of this Local Law, the Town Board incorporates each and every amendment to the
Codes, Rules and Regulations set forth and contained in Title 19 NYCRR Part 1203 which are
effective January 1, 2007.
Section III: Amendments to Chanter 85: "Uniform and Enemy Code":
§85-10. Inspections.
Section 85-10 entitled "Inspections" is hereby amended by the adoption and
insertion of the following new sections:
"(C) Notification Regarding Fire or Explosion:
The Chief of any Fire Department providing fire fighting
services for a property within the Town of Wappinger shall
promptly notify a Town of Wappinger Enforcement Officer
of any fire or explosion involving any electrical damage,
structural damage, fuel burning appliance, chimney or gas
vent. Upon such notification, a Town of Wappinger
Enforcement Officer shall conduct a fire prevention and
safety inspection as required by §85-10 (B) above.
(D) Operating Permits:
(1) Operating Permits shall be required for conducting the
activities or using the categories of buildings listed below,
and any person who proposes to undertake any activity or to
operate any type of building listed in this subdivision (D)(1)
shall be required to obtain an Operating Permit prior to
commencing such activity or operation:
(a) manufacturing, storing or handling hazardous
materials in quantities exceeding those listed in
Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or
2703.1.1(4) in the publication entitled "Fire
Code of New York State" and incorporated by
reference in 19 NYCRR section 1225.1;
(b) 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;
(c) use of pyrotechnic devices in assembly
occupancies;
(d) buildings containing one or more areas of
public assembly with an occupant load of 50
persons or more; and
(e) buildings whose use or occupancy
classification may pose a substantial potential
hazard to public safety, as determined by
resolution adopted by the Town Board of the
Town of Wappinger.
(2) Applications for Operating Permits:
An application for an Operating Permit shall be in writing on
a form provided by or otherwise acceptable to the
Enforcement Officers. Such application shall include such
information as the Enforcement Officers deem sufficient to
permit a determination by the Enforcement Officers that
quantities, materials, and activities conform to the
requirements of the Uniform Code. If an Enforcement
Officer determines that tests or reports are necessary to verify
conformance, such tests or reports shall be performed or
provided by such person or persons as may be designated by
or otherwise acceptable to the Enforcement Officer, at the
expense of the applicant.
(3) Inspections:
An Enforcement Officer shall inspect the subject premises
prior to the issuance of an Operating Permit.
(4) Multiple Activities:
In any circumstances in which more than one activity listed
in subdivision (D)(1) of this section is to be conducted at a
location, the Enforcement Officer may require a separate
Operating Permit for each such activity, or the Enforcement
Officer may, in his or her discretion, issue a single Operating
Permit to apply to all such activities.
(5) Duration of Operating Permits:
Operating Permits shall be issued for a period not to exceed
one year. 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
Enforcement Officers, payment of the applicable fee, and
approval of such application by an Enforcement Officer.
Section V: Separability:
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 inapplicability, 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 VI: Ratification:
Except as herein modified and amended, Local Law No. 10 of the Year 2006, Creating
Chapter 85 of the Town Code, "Uniform and Energy Code" is hereby ratified and reconfirmed
and all provisions of the amendments to Title 19 NYCRR Part 1203 effective January 1, 2007,
are hereby deemed incorporated into said Chapter 85, except as otherwise adopted herein.
Section VII: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1, (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. -------------- 2------------------- of 20.07_ -
of the (�li�� )(Town)MRW) of Wappinger------------------------------------------------- was duly passed by the
__ -_ Town_ Bg4r ______________________ __ on __,IaxL_g------- 20 _D7, in accordance with the applicable provisions of law.
(Manic of Legislative Body)
2, (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Offeer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------__________-_------____-__ was duly passed by the
_______________________________________________ on ------------------ 20 --- , and was (approved)(not approved)(repassed after
(Nance of Legislative Body)
disapproval) by the-------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
___________________________________________________ on ------------------ 20----, and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 20.--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20__---_
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20____ , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances,
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the City of --------------------------------------------- having been submitted to referendum pursuant to, the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (specia])(general) election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph -----L-----, above.
(Seal)
Cler o,Y the Countylegislative body, City, Town or Village Clerk
or offfeer designated by local legislative body
John C. M s erson, Town Clerk
Date: c9- 51 1 09
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Albert P. Roberts — Attorney
Title
KUNVY
Xof Wappinger
Town
Date: 0
(3)