HomeMy WebLinkAbout2019_10_2_Local_Law_No_10
Local Law No. 10 - 2019
This local law shall be known as the “Rules for Obtaining an Operating Permit” Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
The Town Board determines that the Mamaroneck Code should be updated to provide a more
modern regimen for requiring operating permits for certain types of uses and for places of
public assembly. This modernization can be accomplished by utilizing provisions of the
Uniform Fire Prevention and Building Code (19 NYCRR §1219.1 et. seq.).
Section 2 – Repeal of a current chapter of the Mamaroneck Code:
Chapter 82 of the Mamaroneck Code hereby is repealed in its entirety.
Section 3 – Adoption of a new chapter of the Mamaroneck Code:
Chapter 147 of the Mamaroneck Code, currently marked as Reserved, is amended as
follows:
Chapter 147
Operating Permits
§ 147-1. Purpose
This chapter is designed to provide a more modern regimen for requiring operating permits for
certain types of uses and for places of public assembly. This modernization is accomplished by
utilizing provisions of the Uniform Fire Prevention and Building Code (19 NYCRR §1219.1 et.
seq.).
§ 147-2. Operating permits.
A. Operating permits shall be required for conducting the activities listed below and for the
buildings listed below:
(1) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed
in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled “Fire Code
of the State of New York” and incorporated by reference into Uniform Fire Prevention and
Building Code (19 NYCRR §1219.1 et. seq.) by19 NYCRR §1225.1,
(2) Hazardous processes and activities, including, but not limited to, commercial and industrial
operations which produce combustible dust as a by-product, fruit and crop ripening, and waste
handling,
(3) Use of pyrotechnic devices in assembly occupancies,
(4) Buildings containing one or more areas of public assembly with an occupant load of 100
persons or more,
(5) Parking garages as defined in § 147-2 I., and
(6) Buildings whose use or occupancy classification may pose a substantial potential hazard to
public safety, as determined by the Building Inspector.
B. Any person who proposes to undertake any activity or to operate the type of building listed
in § 147-2 A. shall be required to obtain an operating permit prior to commencing such activity
or operation.
C. An application for an operating permit shall be in writing on a form provided by or
otherwise acceptable to the Building Inspector. Such application shall include such information
as the Building Inspector deems sufficient to permit a determination by the Building Inspector
that quantities, materials, and activities, as the case may be, conform to the requirements of the
Uniform Fire Prevention and Building Code (19 NYCRR §1219.1 et. seq.). If the Building
Inspector determines that tests or reports are necessary to verify conformity, the applicant shall
pay for and provide such tests or reports to the Building Inspector, who may reject any test or
report that he/she determines was not performed properly or cannot be used to determine
conformity to the Uniform Code.
D. The Building Inspector or his/her designee shall inspect the subject premises prior to issuing
an operating permit.
E. If more than one activity listed in § 147-2 A. is to be conducted at one location, the Building
Inspector may require a separate operating permit for each such activity, or the Building
Inspector may, in his or her discretion, issue a single operating permit to apply to all such
activities.
F. Unless sooner revoked or suspended, an operating permit shall remain in effect for one year
from the day on which it is issued. Regardless of the day on which an operating certificate is
actually renewed or reissued, the expiration date of any reissued or renewed operating
certificate shall be the day that is one year after the day when the most recent prior operating
certificate expired. The reinstatement of an operating certificate after it has been revoked or
suspended shall not extend its expiration date.
G. If the Building Inspector determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of the Uniform Code, such
operating permit shall be revoked or suspended immediately.
H. The fee specified in §A250-1 shall be paid at the same time that an application for an
operating permit, for an amended operating permit, or for reissuance or renewal of an
operating permit is submitted.
(I) Condition assessments of parking garages.
(1) Definitions. For the purposes of § 147-2 I.:
(i) the term condition assessment means an on-site inspection and evaluation of a
parking garage for evidence of deterioration of any structural element or
building component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that such
parking garage is an unsafe structure,
(ii) the term deterioration means the weakening, disintegration, corrosion, rust, or
decay of any structural element or building component, or any other loss of
effectiveness of a structural element or building component,
(iii) the term parking garage means any building or structure, or part thereof, in which
all or any part of any structural level or levels is used for parking or storage of
motor vehicles, excluding:
(a) buildings in which the only level used for parking or storage of motor vehicles is on
grade,
(b) an attached or accessory structure providing parking exclusively for a detached one- or
two-family dwelling, and
(c) a townhouse unit with attached parking exclusively for such unit,
(iv) the term professional engineer means an individual who is licensed or otherwise
authorized under article 145 of the Education Law to practice the profession of
engineering in the State of New York and who has at least three years of
experience performing structural evaluations,
(v) the term responsible professional engineer means the professional engineer who
performs a condition assessment, or under whose supervision a condition
assessment is performed, and who seals and signs the condition assessment
report,
(vi) the term unsafe condition includes the conditions identified as unsafe in sections
304.1.1, 305.1.1 and 306.1.1 of the 2015 edition of the International Property
Maintenance Code (a publication currently incorporated by reference into Uniform
Fire Prevention and Building Code (19 NYCRR §1219.1 et. seq.) by 19 NYCRR §
1226.1), and
(vii) the term unsafe structure means a structure that is so damaged, decayed,
dilapidated, or structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
(2) To obtain or renew an operating permit for a parking garage or to have an operating permit
for a parking garage reissued, the applicant must present to the Building Inspector a condition
assessment of the parking garage performed by a responsible professional engineer.
(3) The Building Inspector shall not issue, renew or reissue an operating permit for a parking
garage if the condition assessment shows that the parking garage is in an unsafe condition or is
situated within an unsafe structure.
(4) The Building Inspector shall revoke or suspend any operating permit for a parking garage if
the Building Inspector determines that the parking garage either is in an unsafe condition or is
situated within an unsafe structure.
§ 147-3. Amendments to the Uniform Fire Prevention and Building Code (19 NYCRR §1219.1
et. seq.).
For the purposes of this chapter, references or citations to the Uniform Fire Prevention and
Building Code (19 NYCRR §1219.1 et. seq.) shall mean not only that Code as it currently exists
but as it may exist from time to time in the future due to amendments or recodifications thereof.
§147-4. Fire safety and property maintenance inspections.
A. The Town Board may appoint a person to act as Fire Inspector. Fire safety and property
maintenance inspections of buildings and structures shall be performed by the Fire Inspector if
one is appointed, or by the Building Inspector or other code enforcement officer designated by
the Building Inspector to perform such inspections at the following intervals:
(1) Fire safety and property maintenance inspections of buildings or structures which contain an
area of public assembly or are occupied as dormitories shall be performed at least once every 12
months.
(2) Fire safety and property maintenance inspections of all multiple dwellings not included in
§ 147-4 A (1), and all nonresidential buildings, structures, uses and occupancies not included in
§ 147-4 A (1) shall be performed at least once every 36 months.
B. In addition to the inspections required by § 147-4 A, a fire safety and property maintenance
inspection of any building, structure, use, or occupancy or of any dwelling unit, may also be
performed by the Fire Inspector, if one is appointed, or by Building Inspector, or other code
enforcement officer as may be designated by Building Inspector to perform such inspections, at
any time upon:
(1) The request of the owner of the property to be inspected or an authorized agent of such
owner;
(2) Receipt by the Building Inspector of a written statement alleging that conditions or activities
failing to comply with the Uniform Fire Prevention and Building Code (19 NYCRR §1219.1 et.
seq.) or the Energy Code (defined in § 147-4 E) exist, or
(3) Receipt by the Building Inspector of any other information, reasonably believed by the
Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or
activities failing to comply with the Uniform Fire Prevention and Building Code (19 NYCRR
§1219.1 et. seq.) or the Energy Code exist; provided, however, that nothing in this subsection
shall be construed as permitting an inspection under circumstances where a court order or
warrant permitting such inspection is required, unless such court order or warrant shall have
been obtained.
C. Nothing in this section or in any other provision of this chapter shall supersede, limit or
impair the powers, duties and responsibilities of the New York State Office of Fire Prevention
and Control (“OFPC”) and the New York State Fire Administrator under Executive Law 156-e
and Education Law 807-b.
D. The fee specified in A250-1 of this chapter shall be paid prior to or at the time of each
inspection performed pursuant to this section. This subsection shall not apply to inspections
performed by OFPC.
E. For the purposes of Chapter 147, the term “Energy Codes” means the following provisions of
the Uniform Fire Prevention and Building Code: Residential code (2015 IRC), Building code
(2015 IBC), Property maintenance code (2015 IPMC), Mechanical code (2015 IMC), Plumbing
code (2015 IPC), Fuel gas code (2015 IFGC), Fire code (2015 IFC), 2017 NYS supplement and
Energy conservation construction code (2016 NYS).
Section 4 – Amendment to an existing chapter of the Mamaroneck Code:
Section A250-1 of the Mamaroneck Code hereby is amended to add the following to it:
Code Section Subject Fee or Deposit
147-2 A. Operating Permits:
Retail establishment
with 10,000 or more square feet of
gross floor area $200
Places of assembly for 100 or more
occupants $200
Self-storage facilities $200 plus $20
per floor for
each floor
above or
below grade
Storage and maintenance garages $100
Pyrotechnic devices in assembly occupancies $100
147-2 I. Parking garages $100
147-4 Fire Safety Inspection $100
147-4 Property Maintenance Inspection $100
147-4 Multiple dwellings $200 plus $20
per floor for
each floor
above or
below grade
Section 5 – 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 6 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.