City of Middletown, NY Article I General Provisions

§ 193-1 Short title.

This chapter shall be known and cited as the "Building Code of the City of Middletown, New York."

§ 193-2 Purpose.

[Amended 4-9-1984]

The purpose of this code is to provide basic and uniform regulations in terms of performance objectives, establishing reasonable safeguards for the safety, health and welfare of the occupants and users of buildings and their accessory structures and making adequate performance the test of acceptability. The Building Code of the City of Middletown, New York, shall be identical with the New York State Uniform Fire Prevention and Building Code promulgated pursuant to Article 18 of the Executive Law of the State of New York, as enacted by Chapter 707 of the Laws of the 1981, effective January 1, 1984, and as may be revised from time to time.

§ 193-3 Application.

New work to conform to code requirements.

A. New buildings and/or structures shall not be constructed except in conformity with the provisions of this code.

B. Additions, alterations, repairs and changes of use or occupancy in all buildings shall comply with the requirements specified under § 193-4.

§ 193-4 Existing buildings.

The following specified requirements shall apply to existing buildings which for any reason whatsoever do not conform to the requirements of this code for new buildings:

A. Major alterations and repairs. If alterations and/or repairs in excess of 50% of the assessed valuation of an existing building are made to such existing building within any period of 12 months, the entire building shall be made to conform with the requirements given herein for new buildings; provided, however, that any existing building which, for any reason whatsoever, requires repairs, at any one time, in excess of 50% of the assessed valuation thereof, not deducting from such value any loss caused by fire or any other reason, shall be made to conform to the requirements of this code or shall be entirely demolished, except as noted under Restrictions in Fire Zone No. 1.

B. Changed use. If the existing use or occupancy of an existing building is changed to a use or occupancy which would not be permitted in a similar building hereafter erected, the entire building shall be made to conform with the requirements given herein for new buildings; provided, however, that if the use or occupancy of only a portion or portions of an existing building is changed and such portion or portions are segregated as specified in the state code, then only such portion or portions of the building need be made to comply with said requirements; and provided further, that the Commissioner of Public Works is hereby given authority to approve any change in the use of occupancy of any existing building within any one group of occupancy as specified in the state code, even though such building is not made to fully conform to the requirements of this code, when it is obvious that such a charge in the use or occupancy of the existing building will not extend or increase any existing nonconformity or hazard of the building.

C. Additions. Any existing building not covered by the preceding Subsections A and B which has its floor area or its number of stories increased or its use or occupancy changed in any way from its former or existing use or occupancy shall be provided with stairways, emergency exits and fire-protection facilities as specified in this code for buildings hereafter erected for similar uses or occupancies.

D. Minor alterations and repairs.

(1) Every alteration or repair to any structural part or portion of an existing building shall, when deemed necessary in the opinion of the Commissioner of Public Works, be made to conform to the requirements of this code for new buildings. Minor alterations, repairs and changes not covered by the preceding Subsections A, B and C may be made with the same materials of which the building is constructed, provided that not more than 25% of the roof covering of any building shall be replaced in any period of 12 months unless the entire roof covering is made to conform with the requirements of this code for new buildings.

(2) No opening shall be cut in existing occupancy separation wall, fire wall or party wall unless said opening shall comply with the requirements for new buildings of the same occupancy and type of construction.

§ 193-5 Maintenance.

The requirements contained in this code covering the maintenance of buildings shall apply to all buildings and/or structures now existing or hereafter erected. All buildings and/or structures and all parts thereof shall be maintained in a safe condition, and all devices or safeguards which are required by this code at the erection, alteration or repair of any building shall be maintained in good working order.