HomeMy WebLinkAbout2017_6_21_Local_Law_No_8
Local Law No. 8 - 2017
This local law shall be known as the “Amendment to the Discharge Compliance Certificate Law to
eliminate inspections by plumbers” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
When originally enacted, the law requiring a discharge compliance certificate upon the sale of real
property in the unincorporated area of the Town of Mamaroneck provided that the inspection to
ensure compliance with the laws regarding the discharge of liquids could be done by a plumber
licensed to do business within the Town. Experience has shown that it is more efficient and less
costly to sellers if inspections of the connections leading from the real property to the public
storm water sewer lines and to the sanitary sewer lines are conducted by a member of the Town’s
Building Department. This law makes the required inspection a task to be performed by the
Building Department, and not by local plumbers.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 106-49 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 106-49 Discharge compliance certificate required.
A. As used in this section, the following terms have the meanings indicated:
DISCHARGE COMPLIANCE CERTIFICATE
(1) A certificate issued by the Issuing Officer with respect to real property not meeting the
definition of a multiple housing unit, stating:
(a) that all of the connections leading from the real property to the public storm
water sewer lines and to the sanitary sewer lines comply with the requirements of the
New York State Building Codes and the Town Code; and
(b) that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that
discharge liquids directly onto or directly toward a street, sidewalk or right-of-way; or
(2) A certificate issued by the Issuing Officer with respect to a nonexempt multiple housing
unit stating:
(a) either that all of the connections leading directly from that unit to the public
storm water sewer lines or to the public sanitary sewer lines and not to sewer lines located
outside such unit but within the building in which that unit is situated comply with the
requirements of the New York State Building Codes and the Town Code or that there are
no such connections; and
(b) that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that
discharge liquids from such unit directly onto or directly toward a street, sidewalk or right-
of-way.
EXEMPT MULTIPLE HOUSING UNIT
A multiple housing unit which does not touch the ground. This section does not apply to
exempt multiple housing units.
ISSUING OFFICER
The Building Inspector or the Director of Building Code Enforcement and Land Use
Administration.
MULTIPLE HOUSING UNIT
(1) An apartment whose owner:
(a) holds an interest in an entity formed for the cooperative ownership of real
property, and
(b) is the tenant of the proprietary lease for such apartment, or
(2) A unit as that term is defined in § 339-e of the New York Real Property Law and used in
Article 9-B ("Condominium Act") of the New York Real Property Law.
NONEXEMPT MULTIPLE HOUSING UNIT
A multiple housing unit which touches the ground.
REAL PROPERTY
A lot or a nonexempt housing unit.
RENEWAL EVENT
The transfer of title in connection with the sale of real property located in the
unincorporated portion of the Town that occurs after January 1, 2006.
SATISFACTORY INSPECTION
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(1) For real property not meeting the definition of a multiple housing unit, a
determination made by the Issuing Officer or such Officer’s designee :
(a) that all of the connections leading from the real property to the public storm
water sewer lines or to the public sanitary sewer lines comply with the requirements of
the New York State Building Codes and the Town Code; and
(b) that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that
discharge liquids directly onto or directly toward a street, sidewalk or right-of-way.
(2) For a nonexempt multiple housing unit, a determination made by the Issuing Officer or
such Officer’s designee:
(a) that those connections leading directly from that unit to the public storm water
sewer lines or to the public sanitary sewer lines, and not to sewer lines located outside
such unit but within the building in which that unit is situated, comply with the
requirements of the New York State Building Codes and the Town Code; and
(b) that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that
discharge liquids from such unit directly onto or directly toward a street, sidewalk or right-
of-way.
B. No building on real property shall be used or occupied, in whole or in part, after a renewal
event has occurred unless a discharge compliance certificate is issued therefor. To apply for a
discharge compliance certificate, the owner of the real property or such owner’s representative
shall submit to the Issuing Officer an application therefor on a form approved by the Issuing
Officer, together with whatever documentation the Issuing Officer may require, and payment of
the fee for a discharge compliance certificate. If there is a Satisfactory Inspection of the real
property, the Issuing Officer shall issue a discharge compliance certificate for that real property.
By applying for a discharge compliance certificate, the owner of the real property authorizes the
Issuing Officer or such Officer’s designee to enter upon the real property for the purpose of
conducting such inspection.
C. A discharge compliance certificate can be issued at any time after a renewal event has
occurred. A discharge compliance certificate also can be issued prior to a renewal event; however,
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such certificate shall expire on the sixtieth (60) day after it is issued unless the renewal event
shall have occurred before its expiration date.
D. A discharge compliance certificate issued after a renewal event has occurred shall expire when
the next renewal event with respect to that real property occurs. If a discharge compliance
certificate is issued prior to a renewal event and a renewal event occurs before that discharge
compliance certificate expires pursuant to § 106-49C, such certificate shall expire when the next
renewal event with respect to the real property occurs. Nothing contained in this section shall be
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construed as preventing the Issuing Officer from revoking a discharge compliance certificate if
there are grounds to do so.
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.
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