Bedford, N.Y., Code of Ordinances ch. 76 (eCode360 ed. 2026) § 76-3

Definitions

In Force
Verified 11/9/2026 · Next check 2/7/2027
BedfordStatutory Standards

Operative Text

Bedford, N.Y., Code of Ordinances ch. 76 (eCode360 ed. 2026) § 76-3
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: BENCHMARKING The process of measuring a building's energy and water use by utilizing Portfolio Manager, as defined herein, tracking that use over time, and comparing performance to similar buildings. BENCHMARKING INFORMATION Information generated by Portfolio Manager or comparable commercially available tool, including descriptive information about the physical building and its operational characteristics. BUILDING Any structure having a roof, supported by columns or by walls or self-supporting, and intended for the shelter, housing or enclosure of persons, animals or chattel. BUILDING DEPARTMENT The Town of Bedford Building Department. BUILDING DIAGNOSTIC TEST A test of certain building conditions including but not limited to atmospheric ventilation testing of fuel-burning appliances; spillage test to measure CO, CO2 infiltration; infrared test to test envelope performance and air infiltrations; blower door test to test envelope performance and air infiltrations; and indoor air quality test. BUILDING PERFORMANCE INFORMATION Any building information collected in connection with this chapter. BUILDING RATINGS The Town of Bedford will periodically review, adopt by Town Board resolution, and post criteria for specific ratings that each building will receive to enable the public to compare the relative performance of residential rental properties. Rating criteria shall be established based on inspection information and annual benchmarking data for each of the following: A. Health and safety inspection; B. Building emissions intensity; C. Energy cost; D. Indoor air quality; and E. Overall building performance. CARBON DIOXIDE EQUIVALENT The metric used to compare the emissions of various greenhouse gases based upon their global warming potential as defined in the Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report (2014) or any subsequent IPCC Assessment Report. ENERGY Electricity, natural gas, steam, propane, hot or chilled water, fuel oil or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in the utility bills or other documentation of actual energy use. ENERGY UTILITY BILL Any invoice provided to the owner of a residential rental property for the supply of energy, including without limitation electricity and water, to such residential rental property. GREENHOUSE GAS Carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), or nitrogen trifluoride (NF3). GROSS FLOOR AREA The total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. HEALTH AND SAFETY CRITERIA Criteria enumerated by resolution of the Town Board and posted by the Building Department to ensure that building conditions do not present health and safety risks to building occupants including but not limited to asbestos, elevated CO levels, fuel gas leaks, fuel oil leaks and/or heating appliances, and elevated moisture levels. HEALTH AND SAFETY INSPECTION An on-site inspection as required pursuant to Section 76-6 of this chapter, conducted by a duly qualified third-party inspector, of a building to review New York State Building Code and Fire Code requirements and local health and safety criteria. HEALTH AND SAFETY INSPECTION REPORT A report prepared by a duly qualified third-party inspector following a health and safety inspection or health and safety energy audit, with respect to New York State Building Code and Fire Code requirements and local health and safety criteria, which shall also provide a link to the Town website building ratings. HEALTH SAFETY ENERGY AUDIT An inspection of a building that includes all components of a health and safety inspection as defined herein and also includes an analysis of a building's energy use, conducted by a duly qualified energy professional. LEAD CRITERIA An area of a building contructed prior to 1979 where paint is observed to be in poor condition duing a health and safety inspection or health, safety, and energy audit. OWNER Any individual or individuals, partnership or corporation, similar type of business organization or proprietary interest, whether for profit or otherwise, in whose name title to a building is vested. POLLUTANTS Airborne and/or waterborne by-products from the use of energy and/or synthetic materials in the residential rental property including but not limited to greenhouse gases, nitrogen oxides (NOx, NO2), volatile organic compounds (VOCs), particulate matter (PM10 and PM 2.5), sulfur dioxide (SO2) and black carbon. PORTFOLIO MANAGER ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the U.S. Environmental Protection Agency to track and assess the relative energy performance of buildings nationwide, or any successor thereto. RESIDENTIAL RENTAL PROPERTY Includes all buildings containing at least two residential units, which are, or could be, either rented, leased, let or hired out, which shall be limited to two-family, multifamily or mixed-use commercial buildings containing at least one residential unit. Notwithstanding the foregoing, any two-family building in which one of the units is occupied by the owner shall not be subject to the inspection, benchmarking or disclosure requirements set forth in §§ 76-6 through 76-9 of this chapter, but shall be required to register pursuant to §§ 76-4 and 76-5 and comply with the record maintenance requirements pursuant to § 76-10 , below. The burden to demonstrate that a unit in a two-family building is occupied by the owner shall be on the owner. RESPONSIBLE PERSON A responsible person over 21 years old, residing or doing business in Westchester County, who shall be responsible for the care and management of such property and is authorized by said owner to accept legal process on behalf of the owner when the owner resides or has its principal place of business outside of Westchester County. THIRD-PARTY INSPECTOR A participant in a NYSERDA Residential Energy Assessment program and that is authorized by the Town of Bedford to provide health and safety inspections. UTILITY An entity that distributes and sells energy or water to a residential rental property.
Source: Legislative text reproduced verbatim
Plain English

Section 76-3 of Bedford, N.Y., Code of Ordinances ch. 76 establishes a shared vocabulary for the town's building performance and benchmarking program. Terms such as 'Benchmarking,' 'Residential Rental Property,' 'Health and Safety Inspection,' and 'Building Ratings' are given precise meanings that govern how the rest of the chapter is interpreted and applied. Notably, owner-occupied two-family buildings are carved out of most requirements under this section, though they remain subject to registration and record-keeping rules.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners subject to ch. 76 should familiarize themselves with the definitions in § 76-3, because terms like 'Residential Rental Property,' 'Owner,' and 'Responsible Person' determine which obligations apply to a given building. Compliant operators typically ensure they can identify a qualifying Responsible Person in Westchester County when the owner is based elsewhere, and they understand that the owner-occupancy exemption for two-family buildings places the burden of proof squarely on the owner. Knowing how 'Gross Floor Area,' 'Energy,' and 'Benchmarking Information' are defined helps operators accurately complete the registration, benchmarking, and disclosure steps required by later sections of the chapter.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in Bedford rental properties benefit from understanding the definitions in § 76-3, because those definitions shape what protections and disclosures the rest of ch. 76 provides. For example, the definition of 'Building Ratings' contemplates publicly posted performance scores covering health and safety, emissions, energy cost, and indoor air quality—information tenants may be able to access and use when evaluating housing conditions. Tenants who believe a landlord is mischaracterizing a building's status—such as incorrectly claiming an owner-occupancy exemption—may wish to contact the Town of Bedford Building Department or a local tenant-rights organization for guidance on how § 76-3 definitions apply to their situation.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Bedford Code § 76-9
Bedford Code § 76-4
Bedford Code § 76-10
Bedford Code § 76-6
Bedford Code § 76-7
Bedford Code § 76-6
Bedford Code § 76-5
Bedford Code § 76-6
Bedford Code § 76-1
Bedford Code § 76-11

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

Source Information

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