[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.]
Water — See Ch. 299.
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.
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.
Application for permits for air-conditioning units heretofore or hereafter installed shall be made to the Superintendent of the Water District and shall contain:
The name and address of the applicant.
The location of the premises where the unit is or is to be installed.
The name of the manufacturer of the unit.
The manufacturer's maximum rating as to capacity of the unit of refrigeration.
The refrigeration temperatures involved in these ratings.
The horsepower required under maximum anticipated summer operating conditions.
The manufacturer's identifying classification and data on the refrigeration unit shall also be included in the application.
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.
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:
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.
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.
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.
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 of detriment to public safety.
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.
The operation of air-conditioning units permitted by this chapter shall also be subject to any other applicable codes, rules and regulations of the Town of Fallsburg, including, but not limited to, the water emergency restrictions set forth in Chapter 299, Water, Article II, Drought Emergencies.
[Amended 1-13-1997 by Ord. No. 1-1997]
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.
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.