Town of Mamaroneck, NY Chapter 147 Operating Permits

[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.]

[1] Editor's Note: Former Ch. 147, Parking Lots, Town-Owned, adopted 4-17-2002 by L.L. No. 5-2002, as amended, was repealed 11-19-2018 by L.L. No. 9-2018. See now Ch. 219, Vehicles and Traffic, Art. IV, Paid Parking.

§ 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 permit requirements.

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;

(5) Parking garages as defined in § 147-2I; 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 § 147-2A 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) Definitions. For the purposes of § 147-2I, the following terms shall have the meanings indicated:

CONDITION ASSESSMENT

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.

DETERIORATION

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.

PARKING GARAGE

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.

PROFESSIONAL ENGINEER

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.

RESPONSIBLE PROFESSIONAL ENGINEER

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.

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].

UNSAFE STRUCTURE

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 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 Firesafety and property maintenance inspections.

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.

(2) Firesafety and property maintenance inspections of all multiple dwellings not included in § 147-4A(1), and all nonresidential buildings, structures, uses and occupancies not included in § 147-4A(1), shall be performed at least once every 36 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).