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HomeMy WebLinkAbout2010_9_15_Local_Law_No_7 Local Law No. 7 - 2010 This local law shall be known as the “Bond Requirements for Tank Removal” law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: The Town’s current law regarding the requirement that contractors post bonds to protect against damage they may cause during the removal of oil or gas tanks is not specific and could result in a debate over or a challenge of that requirement. To remove all doubt, the Attorney for the Town, working in conjunction with the Town’s Superintendent of Highways, Engineer and Director of Building Code Enforcement and Land Use Administration, has drafted the following section for the Town Code. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 158-5 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 158-5. Prior approval of plans. A. Except as provided in the last sentence of §158-5 A., the Director of Building Code Enforcement and Land Use Administration must issue a permit before any plumbing work, including the installation of gas appliances or the installation, removal or abandonment of oil or gas storage tanks, is started or before there are any additions or alterations made to existing installations. The application for the permit shall be made on forms approved by the Director of Building Code Enforcement and Land Use Administration and shall be signed by a licensed master plumber. The application shall be filed in the office of the Director of Building Code Enforcement and Land Use Administration, together with plans and a description, in duplicate, showing and describing the proposed plumbing work. No permit shall be required when the only plumbing work to be done is the removal of stoppages, the repair of leaks or when plumbing fixtures or residential cooking appliances are replaced without altering or disturbing any gas supply piping, drain, soil, waste or vent pipe. B. The plans filed with the application shall consist of such floor plans and sections as may be necessary to show clearly all the work to be done, including all sewers, drains, soil, waste and vent pipes. The plans also shall show the location of fixtures, their traps and connections. The plans may be drawn to scale in ink or be prints produced to scale. C. If the plumbing work involves the installation, removal or abandonment of an oil or gas storage tank, the Director of Building Code Enforcement and Land Use Administration cannot issue a permit until a performance bond or a cash bond is posted with the Town by the permittee or the owner of the property on which the plumbing work is to be performed. The amount of the bond shall be sufficient to cover the cost of repairing any property, public or private, that may be damaged during the course of the plumbing work for which the permit is issued and shall be fixed by the Director of Building Code Enforcement and Land Use Administration in consultation with the Town Engineer. Under no circumstances shall the amount of the bond be less than $1,500.00. In cases where a Street Opening Permit also is issued, the Director of Building Code Enforcement and Land Use Administration may allow a single bond for both permits if he or she determines that a single bond will be sufficient for the purposes of this chapter and of Chapter 187. Any bond posted under this chapter shall be released to the person who posted it no later than six (6) months year after a certificate of completion is issued for the plumbing work covered by the permit, provided that such work is done in accordance with the provisions of the permit and the provisions of any Street Opening Permit and that all areas disturbed during the work (including any rights-of-way) are restored to a condition that is satisfactory to the Town Engineer. D. Modification of approved plans or of the work described therein shall not be permitted until such changes are approved, in writing, by the Director of Building Code Enforcement and Land Use Administration on written application, signed by a master plumber. E. A permit for plumbing work shall expire six (6) months from date it is issued unless the plumbing work for which the permit has been issued is in progress. If the permit expires, the applicant shall be required to reapply for a permit for plumbing work pursuant to this section. Section 3 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State.