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HomeMy WebLinkAboutLL-2022-No5-To Amend LL No1 of 2007 StretchEnergy          Local Law No 5 of 2022 To Amend Local Law #1 of 2007 of the Town of Danby     Moved By:  Woodworth Seconded By: Connors    A LOCAL LAW amending provisions of A Local Law #1 of 2007 of the Town of Danby;    BE IT ENACTED by the Danby Town Board of Town of Danby as follows:    Section 1. Recitals and Legislative Intent  The New York State Energy Conservation Construction Code (hereinafter referred to as the “State Energy Code”) is adopted by the State Fire Prevention and Building Code Council (hereinafter referred to as the “Code Council”) pursuant to Article 11 of the Energy Law.    The State Energy Code includes the provisions contained in Part 1240 of Title 19 of the New York Codes, Rules and Regulations (hereinafter referred to as “Part 1240”) and the publications incorporated by reference in Part 1240.    The publications currently incorporated by reference in Part 1240 include, but are not limited to, the 2020 edition of the Energy Conservation Construction Code of New York State (hereinafter referred to as the “2020 ECCCNYS”) and the 2016 edition of ASHRAE 90.1 (hereinafter referred to as “ASHRAE 90.1-2016”).    The 2020 ECCNYS is based on the 2018 edition of a publication entitled International Energy Conservation Code (hereinafter referred to as the “2018 IECC”)    The New York State Research and Development Authority (hereinafter referred to as “NYSERDA”) has issued a publication entitled NYStretch Energy Code 2020, Version 1.0, dated July 2019 (hereinafter referred to as “NYStretch”). NYStretch modifies (i.e., amends, replaces, replaces and renames, or adds to) certain sections, certain tables, and a certain   Mary Ann Barr 2021   T he Town of Danby, New York  1830 Danby Road, Ithaca, NY 14850  https://danby.ny.gov Town Board Joel Gagnon, Supervisor  +1-607-277-4788 | townboard@danby.ny.gov Town of Danby, New York Local Law No 5 of 2022 Adopt NYStretch Energy Code  appendix in the 2018 IECC; adds certain sections, certain tables, and certain appendices to the 2018 IECC; modifies (i.e., adds to, amends, or replaces) certain sections and certain tables in ASHRAE 90.1-2016; and adds certain new sections to ASHRAE 90.1-2016.    Studies commissioned by NYSERDA indicate that modifying the State Energy Code in the manner contemplated by NYStretch can result in significant savings in energy usage and energy costs.    Article 11 of the Energy Law authorizes municipalities to adopt local energy conservation construction codes that are more stringent than the State Energy Code.    The Town of Danby desires to adopt as its local energy conser vation construction code the State Energy Code as modified in the manner contemplated by NYStretch.      Section 2. Adoption of Local Energ y Conservation Construction Code  The Town of Danby hereby adopts, as its local energy conser vation construction code, the State Energy Code as modified in the manner contemplated by NYStretch. Such local energy conser vation code shall consist of the provisions currently set forth in Part 1240 and in the publications currently incorporated by reference in Part 1240; provided, however, that the 2020 ECCCNYS and ASHRAE 90.1-2016 shall be deemed to be modified as follows:    (a)in each case where a section, table, or appendix in the 2018 IECC is modified by NYStretch, the corresponding section, table, or appendix in the 2020 ECCCNYS shall be deemed to be modified in the same manner;    (b)in each case where a section, table, or appendix is added to the 2018 IECC, such section, table, or appendix shall be deemed to be added to the 2020 ECCCNYS, subject to the following exception: Section R403.6.2, which is added to the 2018 IECC by section 3.11 of NYStretch, shall not be deemed to be added to the 2020 ECCCNYS;    (c)each section or table in ASHRAE 90.1-2016 that is modified by NYStretch shall be deemed to be so modified; and    (d)each section or table in ASHRAE 90.1-2016 by NYStretch shall be deemed to be added to ASHRAE 90.1-2016.  Page 2 of 4  Town of Danby, New York Local Law No 5 of 2022 Adopt NYStretch Energy Code    A copy of NYStretch is annexed hereto and made part hereof.    Section 3. Applicability  The local energy conservation construction code, as hereby adopted, shall be applicable to all buildings constructed, substantially renovated, or altered in the Town of Danby on or after the effective date of this local law and to all additions to buildings in the Town of Danby made on or after the effective date of this local law. However, pursuant to Energy Law section 11-109(2):    (a)if a copy of this local law is filed with the New York State Department of State, Division of Building Standards and Codes, as Secretariat for the Code Council, within thirty days after adoption of this local law, and if the Code Council shall subsequently determine that the local energy conservation construction code as hereby adopted is not more restrictive than the State Energy Code, then on and after the date of such determination, the local energy conser vation construction code as hereby adopted shall no longer be enforced and the State Energy Code shall be applicable and shall be enforced in the Town of Danby; and    (b)if a copy of this local law is not filed with the New York State Department of State, Division of Building Standards and Codes, as Secretariat for the Code Council, within thirty days after adoption of this local law, then the local energy conservation construction code as hereby adopted shall not be enforceable until and unless the Code Council shall determine that such local energy conser vation construction code is more restrictive than the State Energy Code, and until and unless the Code Council shall make such determination the State Energy Code shall be applicable and shall be enforced in the Town of Danby.      Section 4. Severability  If any section or subdivision, paragraph, clause, or phrase in this local law, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this local law, or any part thereof. The Danby Town Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this local law, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or Page 3 of 4  Town of Danby, New York Local Law No 5 of 2022 Adopt NYStretch Energy Code  phrases may be declared invalid or unconstitutional.     Section 5. Authority  This local law is adopted pursuant to Energy Law section 11-109(1) and Municipal Home Rule Law section 10.    Section 6. Effective Date  This local law shall take effect immediately.      Vote:  Councilperson Aye Nay Absent   Connors X     Hunter X      Schnabel X     Woodworth X      Gagnon X      Local Law Approved on 29 June 2022    Page 4 of 4