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HomeMy WebLinkAboutLL 06 of 2021 ECS Amend Chapter 125 ow STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW K CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROSSANA ROSADO WWW.DOS.NY.GOV SECRETARY OF STATE " �N' Jul 9 2021 . Y , oar Paulette Rosa Town Clerk 215 N Tioga St, Ithaca NY 14850 RE: Town of Ithaca, Local Law 5,.6, 7, 8, 9 2021, filed on July 6 2021 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.goy. Sincerely, State Records and Law Bureau (518) 473-2492 NEwYC?R!C Department STAof TE f9F State } 47PPORTUNITY. o0ofxrl,�,� Town of Ithaca 215 N Tioga St, Ithaca, NY 14850 Ph 607-273-1721 ■ www town ithaca ny.us BiceiilennialRod Howe, Town Supervisor - Paulette Rosa, Town Clerk w� dew Yot� July 2, 2021 State Records Unit Department of State One Commerce Plaza 99 Washington Ave Albany,NY 12231 To Whom It May Concern, Enclosed please find Town of Ithaca Local Laws 5, 6, 7, 8 & 9 for the year 2021: 5 A LOCAL LAW ADDING CHAPTER 144 TO THE TOWN OF ITHACA CODE, TITLED "ENERGY CODE SUPPLEMENT" 6 A LOCAL LAW AMENDING CHAPTER 125, "BUILDING CONSTRUCTION AND FIRE PREVENTION," TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE 7 A LOCAL LAW AMENDING CHAPTER 207, "RENTAL PROPERTY," TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE 8 A LOCAL LAW AMENDING CHAPTER 270, "ZONING,"TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE 9. A LOCAL LAW AMENDING CHAPTER 272, "NEW NEIGHBORHOOD CODE,"TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE Please contact me if you have any questions Since Paulette Rosa Town Clerk New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Local ! aW Firing Albany, 12231-0001 L. 1 www dos state ny us/corps (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 f ❑County [-]City ©Town []Village (Select one) of Ithaca Local Law No. 6 of the year 2021 A local law Amending Chapter 125, 'Building Construction and Fire Prevention",to add Energy Code (insert Title) Supplement References to the Town of Ithaca Code Be it enacted by the Town Board of the (Name of Legislative Body) ❑County [—)City ®Town ❑Village (Select one) of Ithaca as follows. See attached (If additional space is needed,attach pages the same size as this sheet, and number each } DOS-0239-f-I (Rev 06t12) Page 2 of 4 (Complete the certification in the paragraph that applies to the filing of this local law and stripe 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 6 of 2021 of the(County)(City)(Town)(Village) of Ithaca was duly passed by the Town Board on June 14, 2021 in accordance with the applicable (Name of Legislative Body) provisions of law 2 (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) 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) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Oner*) on 20m, in accordance w ith 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) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a(mandatory)(perm iss ive) 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) (Name of Legislative Body) (repassed after disapproval)by the on 20 Such local (Elective Chief Executive Officer*) law was subject to 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 bans 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 DOS-0239-f-I (Rev 06112) Page 3 of 4 5 (City local law concerning Charter revision proposed by petition.) 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(special)(general)election held on 20 , became operative 6 (County local law concerning adoption of Charter) 1 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 5 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 cities 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 fi in this office and that the same is a correct transcript therefrom and of the whole of such original local law,�ani manner indicated in paragraph I above Cle of the county legislative body, City,Town or Village Clerk or f officer designated b olalgislative'body -'(Seal)' ,. �� Date v ! DOS-0239-f-I (Rev 06/12) Page 4 of 4 TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 2021 A LOCAL LAW AMENDING CHAPTER 125, "BUILDING CONSTRUCTION AND FIRE PREVENTION," TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows Section 1. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, is amended as follows A By deleting § 125-1,titled "Scope", and replacing it with a new § 125-1,titled "Scope" and reading as follows "This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Uniform Code"), the Energy Conservation Construction Code of New York State (hereinafter referred to as the "ECCCNYS"), and the Energy Code Supplement found at Chapter 144 of the Code of the Town of Ithaca (hereinafter referred to as the"ECS"), and shall establish powers, duties, and responsibilities in connection therewith" B In § 125-4, titled "Building permits", by deleting Subsection C(1)(d) and replacing it with a new Subsection C(1)(d) reading as follows "Where applicable, a statement of special inspections or certifications prepared in accordance with the provisions of the Uniform Code and/or ECS;" C In § 125-5, titled"Construction inspections", by deleting Subsection B(9) and replacing it with a new Subsection B(9) reading as follows: "ECCCNYS and ECS compliance," D In § 125-5, titled "Construction inspections", by deleting Subsection C and replacing it with a new Subsection C reading as follows "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, the ECCCNYS, or the ECS Construction work not in compliance with Uniform Code, ECCCNYS, or ECS provisions shall be required to remain exposed until it has been brought into compliance with the Uniform Code, the ECCCNYS, and the ECS, been reinspected, and been found satisfactory as completed." E. In § 125-7,titled "Certificates of occupancy and certificates of compliance", by deleting Subsection A(1) and replacing it with a new Subsection A(1) reading as follows "Except as set forth below in Subsection B, a building or structure for which a building permit is required to be issued shall not be used or occupied in whole or in LL 6 of 2021 Adopted 2021-06-07 Pg 1 part until the certificate of occupancy or certificate of compliance shall have been issued by the Code Enforcement Officer or such other person lawfully designated by the Town of Ithaca The Code Enforcement Officer or designee shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance In addition, where applicable, a written statement of structural observations and/or a final report of special inspections, certifications,and flood hazard certifications,prepared at the expense of the applicant in accordance with the provisions of the Uniform Code, the ECCCNYS, and/or the ECS by such person or persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer, must be received by the Code Enforcement Officer prior to the issuance of the certificate Such certificate of occupancy or certificate of compliance shall be issued when,after final inspection, it is determined that the construction and other work has been completed in compliance with the Uniform Code, the ECCCNYS,the ECS, Chapter 270, Zoning, and other applicable laws,rules and regulations" F. In § 125-14, titled "Penalties for offenses", by I Replacing"the Energy Code" with"the ECCCNYS, the ECS" N 2 Adding the phrase "(except imprisonment shall not be imposed for ECS violations)" immediately after the phrase"shall be liable for a fine of not less than $200, or imprisonment as prescribed by law, or both". G. In § 125-18,titled "Variance and review", by deleting Subsections B and C and replacing them with new Subsections B and C reading as follows. "B. A request for a variance from the provisions of the Uniform Code or the ECCCNYS and an appeal to review determination of or failure to render a determination by the Code Enforcement Officer based upon the Uniform Code or ECCCNYS shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part 1205, or any successor rules, regulations or statutes Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the Uniform Code, ECCCNYS, or any successor statute,no building permit shall be issued except pursuant to written order of the appropriate Board of Review C A request for a variance from the provisions of the ECS and an appeal to review a determination of or failure to render a determination by the Code Enforcement Officer based upon the ECS shall be processed with the Zoning Board of Appeals as provided in Chapter 144 of the Code of the Town of Ithaca." Section 2. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, is amended as follows (except these amendments shall not apply to the specific provisions amended or replaced in Section 1 above): LL 6 of 2021 Adopted 2021-06-07 Pg 2 A By replacing every occurrence of"and Energy Code" and "and the Energy Code" throughout Chapter 125 with"ECCCNYS, and ECS" and"the ECCCNYS, and the ECS", respectively B By replacing every occurrence of"or Energy Code" and "or the Energy Code" throughout Chapter 125 with"ECCCNYS, or ECS"and "the ECCCNYS, or the ECS", respectively C. By replacing every other occurrence of"the Energy Code" not covered by A or B above with"the ECCCNYS,the ECS" Section 3. In the event that any portion of this law 1s declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity Section 4 This local law shall take effect immediately upon its filing with the New York Secretary of State LL 6 of 2021 Adopted 2021-06-07 Pg. 3