[HISTORY: Adopted by the Town Board of the
Town of Fallsburg as Ch. 45, Arts. I and VI, of the 1971 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 299.
A.
No person shall install or use for air conditioning,
any equipment which uses water supplied in any Town Water District
without having procured a permit thereof from the Superintendent of
the Water District.
B.
An "air-conditioning system," for the purposes of
this chapter, is hereby defined as any system using refrigeration
to maintain air temperature of 60° F. or over, in an air-conditioned
space.
A.
Application for permits for air-conditioning units
heretofore or hereafter installed shall be made to the Superintendent
of the Water District and shall contain:
(1)
The name and address of the applicant.
(2)
The location of the premises where the unit is or
is to be installed.
(3)
The name of the manufacturer of the unit.
(4)
The manufacturer's maximum rating as to capacity of
the unit of refrigeration.
(5)
The refrigeration temperatures involved in these ratings.
(6)
The horsepower required under maximum anticipated
summer operating conditions.
B.
The manufacturer's identifying classification and
data on the refrigeration unit shall also be included in the application.
C.
In case water conservation devices are required to comply with § 80-6 of this chapter, the name of the manufacturer and the guarantee on the water conservation device are to be given for maximum anticipated summer operating conditions, together with the manufacturer's identifying data on the equipment.
D.
In case the application is for the installation of
a unit, approval must be obtained before installation of the equipment
is started.
Fees shall be paid at the time the application
is filed and shall be as set from time to time by resolution of the
Town Board.
Upon receipt of the application for a permit, the Superintendent of the Water District shall cause an inspection to be made and if the installation complies with the requirements contained in § 80-6, the Superintendent of the Water District shall issue a final permit for the installation and/or use of said air-conditioning system.
Any permit issued hereunder may be revoked summarily
upon conviction for violation of this chapter or upon failure of the
holder of said permit to discontinue using water for air conditioning
immediately upon order of the Superintendent of the Water District
to do so.
No permit shall be issued for the installation
and/or use of any air-conditioning units unless:
A.
Any installation consisting of one unit or a group
of units, with a total capacity exceeding five tons or 60,000 btu
per hour or requiring more than five horsepower to drive the compressor
shall be equipped with a condensing water-conservation device. These
water-conservation devices shall be such that under maximum summer
temperatures they can operate at not over 7.5 gallons of municipal
water per hour per ton of refrigeration. Units of five-ton capacity
and under which do not have water-conservation devices shall be provided
with an automatic water-regulation device so as to limit the use of
water under maximum summer conditions to not more than two gallons
per minute per ton.
B.
Makeup water connection to water-conservation device
is so arranged that the supply has a physical break between the public
water main and said device so it will be impossible for water to siphon
back in case of low pressure in the public water main.
C.
In cases where the wastewater is discharged into the
Town sewage system, the discharge is in strict accordance with the
rules and regulations governing said sewage system.
D.
The Superintendent of the Water District is satisfied
the system can be operated without adversely affecting the flow to
other users of water in the area or detriment to public safety.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
E.
The system complies with any restrictions imposed
by the laws of the State of New York or has the New York State Department
of Public Health approval.
[Added 5-11-2010 by L.L.
No. 7-2010]
[Amended 1-13-1997 by Ord. No. 1-1997]
A.
Any person who commits an offense or permits an offense
to be committed against any of the provisions of this chapter shall
be deemed to have committed a violation pursuant to the Penal Law
of the State of New York, punishable by a fine of not more than $250
or by imprisonment for a period of time not exceeding 15 days, or
both. A separate violation shall be deemed committed on each time
during which an offense occurs or continues. A separate penalty may
be imposed for each separate violation.
B.
Any person committing an offense against these regulations
shall be subject to a civil penalty enforceable and collectable by
the Town in the amount of $50 for each offense. In addition to the
above penalties, the Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance or to restrain by injunction an offense against these regulations.
Where any violation of these regulations causes additional expense
to the water district, that water district shall have a cause of action
against the violator to recover such cost. The cause of action may
be asserted at the discretion of the Board and shall be in addition
to the fine, imprisonment, penalty and injunction hereinabove provided
and shall be brought by the Attorney for the Town in the name of that
water district in a court of competent jurisdiction.
