[HISTORY:[1] Adopted by the Town Board of the Town of Mamaroneck 10-2-2019 by L.L. No. 10-2019. Subsequent amendments noted where applicable.]
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.).
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.) by 19 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;
(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 § 147-2A 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 § 147-2A 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)
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of § 147-2I, the following terms shall have the meanings indicated:
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.
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.
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:
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.
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.
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].
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.
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.
A.
The Town Board may appoint a person to act as Fire Inspector. Firesafety
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)
Firesafety 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.
B.
In addition to the inspections required by § 147-4A, a firesafety 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 § 147-4E) 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 Code 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).