This chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code) and the State Energy Conservation Construction Code
(the Energy Code) in this Town of Newburgh. This chapter is adopted
pursuant to § 10 of the Municipal Home Rule Law. Except
as otherwise provided in the Uniform Code, the Energy Code, other
state law, or other section of this chapter, all buildings, structures,
and premises, regardless of use or occupancy, are subject to the provisions
of this chapter.
In this chapter, the following terms shall have the meanings
shown in this section:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses, including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT
A building permit, construction permit, demolition permit,
or other permit that authorizes the performance of work. The term
"building permit" shall also include a building permit which is renewed,
amended, or extended pursuant to any provision of this chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Town stating that work was done
in compliance with approved construction documents and the Codes.
CERTIFICATE OF OCCUPANCY
A document issued by the Town certifying that the building
or structure, or portion thereof, complies with the approved construction
documents that have been submitted to, and approved by, the Town,
and indicating that the building or structure, or portion thereof,
is in a condition suitable for occupancy.
CODE ENFORCEMENT OFFICER
A code enforcement officer or assistant code enforcement officer appointed pursuant to Subsection
D of §Â
71-3 of this chapter.
CODES
The Uniform Code and Energy Code.
ELECTRICAL INSPECTOR
A third-party inspector who has the proper credentials to
perform electrical inspections that confirm compliance with the National
Electric Code, the Codes, local municipal codes and any electrical
utility specifications that may supersede portions of the aforementioned
codes.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification
of the Hazards of Materials for Emergency Response), and which is
used directly in research, laboratory, or production processes which
have, as their end product, materials that are not hazardous.
INSPECTOR
An inspector or assistant inspector appointed pursuant to Subsection
D of §Â
71-3 of this chapter.
MOBILE FOOD PREPARATION VEHICLES
Vehicles that contain cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
OPERATING PERMIT
A permit issued pursuant to §Â
71-10 of this chapter. The term "operating permit" shall also include an operating permit which is renewed, amended, or extended pursuant to any provision of this chapter.
ORDER TO REMEDY
An order issued by the Code Compliance Supervisor pursuant to Subsection
A of §Â
71-17 of this chapter.
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
PMCNYS
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
TOWN
The Town of Newburgh
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law. Such Code includes:
B.Â
Building Code of NY State.
C.Â
Plumbing Code of NY State.
D.Â
Mechanical Code of NY State.
E.Â
Existing Building Code of NY State.
F.Â
Fuel Gas Code of NY State.