[HISTORY: Adopted by the Town Board of the Town of Wallkill 6-13-2013 by L.L. No.
2-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 82.
Unsafe buildings — See Ch. 86.
Housing standards — See Ch. 140.
[1]
Editor's Note: This local law also contained a preamble to Ch. 114, which read as follows: "The Town of Wallkill, being cognizant of the detrimental and disastrous effects which might be caused by a breakdown or failure of an electrical utility service supplying this township, hereby deems it necessary and essential that an auxiliary source of emergency light and power be provided in those occupancies, as designated in this local law, for the maintenance and preservation of the health, safety and general welfare of the populace of this Town."
The following definitions shall apply in the interpretation
and enforcement of this chapter.
An independent lighting system, other than that of the principal
lighting system, powered by a source of electricity independent of
such principal lighting system, which is capable of providing an amount
of illumination for exits, aisles, halls, passageways, corridors,
stairways or other areas so as to provide a light intensity of at
least 0.5 footcandle power at the floor or ground level for a period
of not less than 30 minutes, and which shall operate automatically
and independently in the event of failure of the electrical current
in the principal lighting system.
An independent power system, other than that supplied by
the principal electrical system, which will generate a sufficient
quantity of electricity to operate all electrically powered machines,
equipment, instruments, devices or contrivances as required in this
chapter.
Buildings in which the primary or intended occupancy or use
is for persons domiciled or detained under supervision and shall include
convalescent, assisted living and nursing homes.
Buildings in which the primary or intended occupancy or use
is the assembly for amusement, athletic, civic, dining, educational,
entertainment, patriotic, political, recreational, religious, social,
sports or similar purposes.
A.
No building herein defined shall be occupied unless and until emergency
lighting and power systems shall be installed and maintained in accordance
with the provisions of this chapter.
B.
Emergency lighting and power. Emergency lighting and power systems
shall be provided as follows:
(1)
All residential buildings: In every building other than one- or two-family
dwellings, there shall be provided an emergency lighting and power
system for all common areas, exits, aisles leading directly to exits,
stairways, stair enclosures, elevators and escalators and in all halls,
passageways and corridors exceeding 100 feet in length. This provision
shall apply to the common areas and community centers in all townhouse,
condominium, senior housing and assisted living developments.
(2)
Institutional buildings: for all assembly rooms, lounges, public
or recreation rooms.
The sources of emergency lighting and power are subject to the
approval of the Building Inspector, and the kind of installation thereof
shall be provided for by whatever method or combination of methods
which will ensure the desired result. Sources and methods may be selected
from among the following, but are not limited to those which are set
forth:
A.
Portable light units: battery-operated units, supplying lighting
systems only, fixed in position and connected to the principal lighting
system.
B.
Gasoline-powered generators. Generators capable of supplying the
rated capacity of the system must be housed in a separate building
or enclosure sufficiently ventilated to the exterior. No other equipment
or storage of any kind is permitted within the area containing the
generator.
C.
Gas-powered generators. Generators capable of supplying the rated
capacity of the system may be housed in a fireproof enclosure within
the building with no openings to the interior and shall be provided
with sufficient ventilation to the exterior. Such generators shall
not be placed in a room containing other equipment, and storage of
any kind is prohibited within the enclosure.
A.
It shall be the responsibility of each owner, agent, lessee or tenant
of any building or occupancy requiring emergency lighting and/or power,
as required by this chapter, to submit a plan of the layout of such
system to the Building Department for approval prior to installation,
showing the number of units, size, location and the life and replacement
span of the power source as recommended by the manufacturer, and any
other pertinent or requested information applicable thereto.
B.
Emergency lighting and power sources shall be capable of sustaining
such lighting and/or power for a minimum period of eight hours or
for such longer periods of time, as required by the Building Inspector,
due to the presence of special or unusual conditions.
C.
Transfer to the required emergency lighting and/or power source shall
be made within 15 seconds upon failure of the principal system.
D.
All exit lights and exit directional signs shall be connected to
or supplied with emergency lighting.
E.
All emergency lighting and/or power systems shall be maintained in
an operative condition at all times while the buildings, as defined
in this chapter, are occupied.
F.
It shall be the duty of the Building Inspector to inspect the installation
upon completion to ascertain whether the system has been installed
in conformity with the approved plans, prior to approval and acceptance
by the Building Department, and at such other times to determine whether
or not such system is being maintained in an operative condition.
In any case where a provision of this chapter is found to be
in conflict with a provision of any building, fire, safety or health
law, ordinance, or code of the Town of Wallkill existing on the effective
date of this chapter, the provision which establishes the higher standard
for the promotion and protection of the health, safety and welfare
of the people shall prevail. In any case where a provision of this
chapter is found to be in conflict with a provision of any other law,
ordinance or code of this Town of Wallkill existing on the effective
date of this chapter which establishes a lower standard for the promotion
and protection of the health, safety and welfare of the people, the
provision of this chapter shall be deemed to prevail, and such other
laws, ordinances or codes are hereby declared to be repealed to the
extent that they may be in conflict with this chapter.
A.
For any and every offense against the provisions of this chapter,
the owner, general agent or contractor of a building or premises where
such offense shall have been committed or shall exist, and the lessee
or tenant of an entire building or entire premises where such offense
shall have been committed or shall exist, or the owner, general agent,
contractor, lessee or tenant of any part of the building or premises
in which such offense has been committed or shall exist, and the general
agent, architect, builder, contractor or any other person who knowingly
commits, takes part or assists in the commission of any such offense
or who maintains a building or premises in which any offense shall
exist, is guilty of a violation punishable by a fine not exceeding
$500 or imprisonment for a period not exceeding 10 days for each such
offense, or by both such fine and imprisonment.
B.
In the event that such offense shall continue for a period in excess
of one week, each additional week or part of week shall constitute
a separate violation.