STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY , N Y 12231-0001
EL IOT SP ITZER
GOVERNOR
LORRAINE A. CORTÉS-VÁZQUEZ
SECRETARY OF STATE
S OUTHERN TIER REGIONAL OFFICE
P.O. Box 129, Rushford, NY 14777
Tel: (585) 437-5534
Fax : (585) 437-5708
Email: charles.bliss@dos.state.ny.us
September 19, 2007
Judi Hall
P.O. Box 657
Naples, NY 14512
Dear Ms. Hall:
This is in response to our telephone conversation this afternoon.
Free standing towers and the associated generating equipment are not subject to the New York State Uniform Fire Prevention and Building Code. This is true for any tower, including cell towers, as long as the tower is not supported by a building. Although the building code references towers, the Executive Law only refers to the protection of people from the perils of fire and shoddy building construction.
That being the case, building permits can only be required for towers if towers are specifically mentioned in Cohocton’s local law for enforcement of the New York State Uniform FirePrevention and Building Code. Without such a reference, there is no legal method for requiring a building permit for a windmill.
The changes to Cohocton’s local zoning law, seem to indicate that a special use permit is required for windmills. However, it appears as though none of those changes contains any inspection requirements.
If you have any further questions, please feel free to give me a call at the above number.
Very truly yours,
DEPARTMENT OF STATE
Charles P. Bliss, PE
Senior Building Construction Engineer
0239lt07
WWW.DOS.STATE.NY.US • E-MAIL: INFO@DOS.STATE.NY.US
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