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FIRE CODE The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time. NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL) A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards. NEC National Electrical Code. NFPA National Fire Protection Association. NON-DEDICATED-USE BUILDING All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements. NONPARTICIPATING PROPERTY Any property that is not a participating property. NONPARTICIPATING RESIDENCE Any residence located on nonparticipating property. OCCUPIED COMMUNITY BUILDING Any building in Occupancy Group A, 8, E, l, R, as defined in the International Building Code, including but not limited to schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship. PARTICIPATING PROPERTY A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property, except for additional property purchased, but not leased, solely for setback purposes. Participating property shall not include nonowned property upon which solely transmission lines exist without more. RESIDENTIAL PROPERTY Property wholly or partially located in any zoning district in the Village of Orchard Park that permits the land to be, as a primary or secondary use, residential structures. UL Underwriters Laboratory, an accredited standards developer in the U.S. UNIFORM CODE The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time. SECTION 2: §225-36.3 Applicability A. The requirements of this article shall apply to all battery energy storage systems permitted, installed, or modified in Village of Orchard Park after the effective date of this article, excluding general maintenance and repair, B. Battery energy storage systems constructed or installed prior to the effective date of this article shall not be required to meet the requirements of this article. C. Modifications to or retrofits or replacements of an existing battery energy storage system that modify, in any way, the total battery energy storage system designed discharge duration or power rating shall be subject to this article.