A.
No person, firm or corporation shall commence the
erection, construction, enlargement, alteration, improvement, conversion
or change in the nature of the occupancy of any building or structure
or cause the same to be done without first obtaining a separate building
permit from the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration for each such building or
structure, except that no building permit shall be required for the
performance of ordinary repairs which are not structural in nature.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
B.
Ordinary repairs shall not include the cutting away
of any wall, partition or portion thereof; the removal or cutting
of any structural beam or bearing support; the removal or change of
any means of ingress or egress; or the rearrangement of parts of a
structure affecting exit requirements.
C.
Applications for a building permit shall be made to
the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration on forms provided by the Building Inspector
or the Director of Building Code Enforcement and Land Use Administration
and shall contain the following information:
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
(1)
A survey showing the map reference, the dimensions,
the locations with reference to any streets adjoining said property
on which the proposed work is to be done and the location thereon
of all existing and proposed structures included in the application.
(2)
A statement of the use and occupancy of all parts
of the land and of the building or structure.
(3)
The estimated total cost of the entire proposed work.
(4)
The full name and address of the owner and of the
applicant and the names and addresses of their responsible officers,
if either of them is a corporation, and the name and address of the
owner's authorized agent, if any.
(5)
A brief description of the work proposed to be done.
(7)
Such other information as may be required by the Building
Inspector or the Director of Building Code Enforcement and Land Use
Administration to establish and determine whether the proposed work
complies with the requirements of the applicable building laws, ordinances
and regulations.
D.
Applications shall be made by the owner or lessee
or the agent of either or by the architect, engineer, builder or contractor
employed in connection with the proposed work. Where the application
for a building permit is made by a person other than the owner, it
shall be accompanied by an affidavit of the owner that the proposed
work is authorized by the owner and the applicant is authorized to
make such application.
E.
Each application for a building permit shall be accompanied
by three sets of plans and specifications (except that in all cases
involving buildings and structures to be occupied as one-family residences,
only two copies will be required), including a survey drawn to scale
showing the location and size of all proposed construction; all existing
structures on the site; the nature and character of the work to be
performed and the materials to be used; the distance from lot lines;
the relationship of structures to structures on adjoining property;
the widths and grades of adjoining streets, walks or alleys; and,
where required by the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration, details of computations,
stress diagrams and other essential technical data. The seal of a
licensed architect or a licensed professional engineer shall be affixed
to said plans. The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration may waive the requirements
for filing plans and specifications for minor alterations and issue
a building permit so stating. The Building Inspector or the Director
of Building Code Enforcement and Land Use Administration may waive
the requirement for filing plans in case the cost of construction
is less than $2,000. Amendments to the application or to the plans
and specifications accompanying the same may be filed at any time
prior to the commencement of any work which varies from the plans
and specifications approved by the Building Inspector or the Director
of Building Code Enforcement and Land Use Administration. Any such
amendment or change in the plans must be approved by the Building
Inspector or the Director of Building Code Enforcement and Land Use
Administration, in writing, prior to the commencement of said work.
[Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No.
10-2002; 1-20-2016 by L.L. No. 1-2016]
[Added 6-16-2021 by L.L. No. 10-2021; amended 8-17-2021 by L.L. No. 11-2021]
Except for section R403.6.2 thereof, the NYStretch Energy Code
2020 supplement to the 2020 ECCCNYS, published by the New York State
Energy Research and Development Authority, shall be enforced in full
in the unincorporated area of the Town of Mamaroneck. Notwithstanding
the foregoing, the NYStretch Energy Code 2020 supplement shall not
apply to persons who either have or will have obtained building permits
or have or will have submitted complete applications for building
permits prior to the effective date of this section.
[Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No.
10-2002; 1-20-2016 by L.L. No. 1-2016]
A.
The Building Inspector or Director of Building Code
Enforcement and Land Use Administration shall examine or cause to
be examined all applications for permits and the plans, specifications
or other documents filed therewith. All applications shall either
be approved or disapproved within a reasonable time.
B.
Upon approval of the application and payment of the
appropriate fees, all sets of plans and specifications shall be endorsed
with the word "approved" and the date of approval affixed. One set
of approved plans and specifications shall be retained in the files
of the Building Department, and one set shall be returned to the applicant,
together with the building permit, and shall be kept at the building
site, open to inspection by the Building Inspector or the Director
of Building Code Enforcement and Land Use Administration or either's
designated representative at all reasonable times. The third set,
if any, of plans and specifications shall remain with the Building
Inspector or Director of Building Code Enforcement and Land Use Administration
or for the use of any other department of the Town.
C.
If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building and zoning regulations, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative shall disapprove the same in writing. The applicant may then appeal any such decision in accordance with the provisions of Chapter 240, Zoning, and the provisions of this code.
A.
A building permit shall be effective to authorize
the commencement of work in accordance with the application, plans
and specifications on which it is issued for a period of one year
after the date of its issuance. The Building Inspector or Director
of Building Code Enforcement and Land Use Administration may, for
good cause shown, allow a maximum of two extensions of the building
permit for a period not exceeding six months for each extension. However,
any application for an extension of a building permit must be made
prior to the expiration of the original permit or any extension thereof.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
B.
The issuance of the building permit shall constitute
the authority to the applicant to proceed with the work in accordance
with the approved plans and specifications and in accordance with
the applicable building laws, ordinances or regulations. All work
shall conform to the approved application, plans and specifications,
except that no building permit shall be valid insofar as it authorizes
the performance of work or the use of materials which are not in accordance
with the requirements of the applicable building regulations and zoning
ordinances.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
The Building Inspector or Director of Building
Code Enforcement and Land Use Administration may revoke a building
permit theretofore issued and approved in the following instances:
A.
Where he/she finds that there has been any false statement
or misrepresentation as to a material fact in the application, plans
or specifications on which the building permit was based.
B.
Where he/she finds that the building permit was issued
in error and should not have been issued in accordance with applicable
provisions of law.
C.
Where he/she finds that the work performed under the
permit is not being prosecuted in accordance with the provisions of
the application, plans or specifications.
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Building Inspector or the Director of Building Code Enforcement and
Land Use Administration or either's designated representative.
E.
Where the person to whom a building permit has been
issued fails or refuses to allow the Building Inspector or the Director
of Building Code Enforcement and Land Use Administration or either's
designated representative entry onto the building or property for
the purpose of inspecting the work during reasonable working hours.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Whenever the Building Inspector or the Director
of Building Code Enforcement and Land Use Administration or either's
designated representative has reasonable grounds to believe that work
on any building or structure is being prosecuted in violation of the
provisions of the Uniform Fire Prevention and Building Code, this
Part 2 or other applicable ordinances, rules or regulations or not
in conformity with the provisions of an application, plan or specification
on the basis of which a building permit was issued or in an unsafe
and dangerous manner, the Building Inspector or the Director of Building
Code Enforcement and Land Use Administration or either's designated
representative shall notify the owner of the property or the owner's
agent to suspend all building activities until the stop order has
been rescinded or modified. Such order and notice shall be in writing,
shall state the conditions under which the work may be resumed and
may be served upon the person to whom it is directed either by delivering
it personally to that person or by posting the same upon a conspicuous
portion of the building where the work is being performed and sending
a copy of the same to him by certified mail at the address set forth
in the application for permission for the construction of such building.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Upon showing the proper credentials and in the discharge of their duties, the Building Inspector or Director of Building Code Enforcement and Land Use Administration or either's designated representative and the persons appointed by the Town Board pursuant to § 106-37B shall be permitted to enter upon any building, structure or premises without interference during reasonable working hours.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
A.
No building hereafter erected shall be used or occupied,
in whole or in part, until a certificate of occupancy shall have been
issued by the Building Inspector or Director of Building Code Enforcement
and Land Use Administration.
B.
No building hereafter enlarged, extended or altered
or upon which other work has been performed which required the issuance
of a building permit and which has been occupied during such enlargement,
extension, alteration or other work shall be occupied or used for
more than 30 days after the completion of the alteration or other
work, unless a certificate of occupancy shall have been issued by
the Building Inspector or Director of Building Code Enforcement and
Land Use Administration.
C.
No building hereinafter enlarged, extended or altered or upon which other work has been performed pursuant to a building permit may be occupied, unless occupied during the work being performed as provided in Subsection B above, until such time as a certificate of occupancy shall have been issued by the Building Inspector or Director of Building Code Enforcement and Land Use Administration.
D.
No change shall be made in the use of an existing
building unless a certificate of occupancy authorizing such new use
shall have been issued by the Building Inspector or Director of Building
Code Enforcement and Land Use Administration.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
A.
The owner or his/her agent shall make application
for a certificate of occupancy. Accompanying this application and
before the issuance of a certificate of occupancy, there shall be
filed with the Building Inspector or Director of Building Code Enforcement
and Land Use Administration an affidavit of the registered architect
or licensed professional engineer who filed the original plans or
of the registered architect or licensed professional engineer who
supervised the construction of the work or of the superintendent of
construction who supervised the work and who, by reason of his/her
experience, is qualified to superintend the work for which the certificate
of occupancy is sought. This affidavit shall state that the deponent
has examined the approved plans of the structure for which a certificate
of occupancy is sought and that the structure has been erected in
accordance with approved plans and, as erected, complies with all
laws, rules and regulations governing building construction or as
varied by a variance which has been legally authorized. Such variances
and qualifying conditions imposed therewith, if any, shall be specified
in the affidavit.
B.
In instances where the Building Inspector or Director of Building Code Enforcement and Land Use Administration has determined (pursuant to § 106-40E of this Part 2) that a requirement for filing of plans shall be waived, then the owner or contractor performing the work for the owner to whom the permit has been issued shall submit an affidavit as is set forth in Subsection A hereinabove.
C.
No certificate of occupancy shall be issued for any new construction where, as part of the permit, it is required that the building or other structure be located on the property for the purpose of demonstrating compliance with such setback requirements of the Chapter 240, Zoning, unless and until an as-built survey is submitted, signed and sealed by a surveyor licensed in the State of New York showing the location of the building or other structure on the property and the distances of the building or other structure from property lines or other structures as may be required by Chapter 240, Zoning, to demonstrate compliance with setback requirements in Chapter 240, Zoning, of the Town of Mamaroneck. No certificate of occupancy shall be issued until such survey has been reviewed by the Building Inspector or Director of Building Code Enforcement and Land Use Administration, and the Building Inspector or Director of Building Code Enforcement and Land Use Administration has determined that, according to such certified survey, the building or other structure complies with all requirements for setbacks set forth in Chapter 240, Zoning, of the Town of Mamaroneck.
D.
Before issuing a certificate of occupancy, the Building
Inspector or Director of Building Code Enforcement and Land Use Administration
shall examine or cause to be examined all buildings, structures and
sites for which an application has been filed for a building permit
to construct, enlarge, alter, repair or change the use or nature of
occupancy and may conduct such inspections as are deemed appropriate
from time to time during and upon completion of the work for which
a building permit has been issued. There shall be maintained in the
Building Department a record of all such examinations and inspections,
together with a record of findings of violations of the law.
A.
When and after final inspection it is found that the
proposed work has been completed in accordance with the applicable
laws, ordinances, rules and regulations and also in accordance with
the application, plans and specifications filed in connection with
the issuance of the building permit, the Building Inspector or Director
of Building Code Enforcement and Land Use Administration shall issue
a certificate of occupancy upon the form provided by him. If it is
found that the proposed work has not been properly completed, the
Building Inspector or Director of Building Code Enforcement and Land
Use Administration shall not issue a certificate of occupancy and
shall order the work completed in conformity with the building permit
and in conformity with the applicable building regulations.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after written application therefor is
made.
C.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy is
in conformity with the provisions of the applicable building laws,
ordinances, rules and regulations and shall specify the use or uses
and the extent thereof to which the building or structure or its several
parts may be put.
[Added 5-4-2005 by L.L. No. 6-2005[1]; amended 10-19-2005 by L.L. No. 17-2005; 3-1-2006 by L.L. No.
4-2006; 1-20-2016 by L.L. No. 1-2016; 6-21-2017 by L.L. No. 8-2017]
A.
DISCHARGE COMPLIANCE CERTIFICATE
(1)
(a)
(b)
(2)
(a)
(b)
EXEMPT MULTIPLE HOUSING
UNIT
ISSUING OFFICER
MULTIPLE HOUSING UNIT
NONEXEMPT MULTIPLE HOUSING UNIT
REAL PROPERTY
RENEWAL EVENT
SATISFACTORY INSPECTION
(1)
(a)
(b)
(2)
(a)
(b)
As used
in this section, the following terms have the meanings indicated:
A certificate issued by the Issuing Officer with respect to
real property not meeting the definition of a multiple housing unit,
stating:
That all of the connections leading from the real property to
the public stormwater sewer lines and to the sanitary sewer lines
comply with the requirements of the New York State Building Codes
and the Town Code; and
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
A certificate issued by the Issuing Officer with respect to
a nonexempt multiple housing unit stating:
Either that all of the connections leading directly from that
unit to the public stormwater 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
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.
A multiple housing unit which does not touch the ground.
This section does not apply to exempt multiple housing units.
The Building Inspector or the Director of Building Code Enforcement
and Land Use Administration.
A multiple housing unit which touches the ground.
A lot or a nonexempt housing unit.
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.
For real property not meeting the definition of a multiple housing
unit, a determination made by the Issuing Officer or such Officer's
designee:
That all of the connections leading from the real property to
the public stormwater 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
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.
For a nonexempt multiple housing unit, a determination made
by the Issuing Officer or such Officer's designee:
That those connections leading directly from that unit to the
public stormwater 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
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, such certificate shall expire on
the 60th 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 construed as preventing the Issuing Officer from revoking a discharge compliance certificate if there are grounds to do so.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Upon request, the Building Inspector or Director
of Building Code Enforcement and Land Use Administration may issue
a temporary certificate of occupancy for a building or structure or
part thereof before the entire work covered by the building permit
shall have been completed, provided that such portion or portions
as have been completed may be occupied safely without endangering
life or the public health or welfare. A temporary certificate of occupancy
shall remain effective for a period not exceeding three months from
its date of issuance. For good cause, the Building Inspector or Director
of Building Code Enforcement and Land Use Administration may allow
a maximum of two extensions for periods not exceeding three months
each.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
Whenever there are reasonable grounds to believe
that any material, construction, equipment or assembly does not conform
to the requirements of the applicable building laws, ordinances or
regulations, the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration or either's designated representative
may require the same to be subjected to tests in order to furnish
proof of such compliance. Any such tests required by the Building
Inspector or the Director of Building Code Enforcement and Land Use
Administration or either's designated representative shall be performed
at the expense of the applicant.
The Building Inspector or Director of Building Code Enforcement and Land Use Administration may revoke a certificate of completion, a certificate of occupancy (permanent or temporary), a discharge compliance certificate, a letter of compliance, or a letter indicating that the structures (as that term is defined in § 240-4) on the real property were constructed prior to either the enactment of the zoning ordinance or the adoption of one or more of its provisions in the following instances:
A.
Where there has been any false statement or misrepresentation
as to a material fact in the application, the plans or the specifications
on which the Building Inspector or Director of Building Code Enforcement
and Land Use Administration relied when issuing such certificate or
letter; or
B.
Where such certificate or letter was issued in error
and should not have been issued in accordance with applicable provisions
of law.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
No member of the Town Board or any representative,
board or commission appointed by the Town Board or the Building Inspector
or Director of Building Code Enforcement and Land Use Administration
or their subordinates, acting in good faith and without malice, shall
be liable for damages by reason of anything done in any action or
proceeding instituted under any provision of this Part 2 or by reason
of any act of omission in the performance of his/her or its official
duties.
[Added 11-5-2003 by L.L. No. 21-2003; amended 3-17-2004 by L.L. No. 3-2004]
A.
When a notice of violation or a summons has been issued with respect to a particular property for a violation of any provision of the New York State Building Codes or the Town Code and such violation has not been corrected, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative shall not issue any plumbing permits, building permits, certificates of completion, letters of compliance or certificates of occupancy (permanent or temporary) with respect to that property or any letters indicating that the structures (as that term is defined in § 240-4) on that property were constructed prior to either the enactment of the Zoning Ordinance or the adoption of one or more of its provisions. This section shall not apply when a summons described in the preceding sentence has been dismissed by the Justice Court of the Town of Mamaroneck (or in the case of a summons heard by some other court, the court that adjudicated that summons).
[Amended 1-20-2016 by L.L. No. 1-2016]
B.
When a notice of violation or a summons has been issued
with respect to a particular property for a violation of any provision
of the New York State Building Codes or the Town Code and such violation
has not been corrected, the Superintendent of Highways shall not issue
any street opening permits with respect to that property. This section
shall not apply when a summons described in the preceding sentence
has been dismissed by the Justice Court of the Town of Mamaroneck
(or in the case of a summons heard by some other court, the court
that adjudicated that summons).
C.
Notwithstanding Subsections A and B of this section, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative and the Superintendent of Highways may issue the permits that are required for work to be done to correct a violation of the New York State Building Codes or the Town Code.
[Amended 1-20-2016 by L.L. No. 1-2016]
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, demolish, equip, use, occupy or
maintain any building or structure or portion thereof in violation
of any provision of this Part 2; or to fail in any manner to comply
with a notice, directive or order of the Building Inspector or the
Director of Building Code Enforcement and Land Use Administration
or either's designated representative; or to construct, alter or use
and occupy any building or structure or part thereof in a manner not
permitted by an approved building permit or certificate of occupancy.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
B.
Any person who shall fail to comply with a written
order of the Building Inspector or the Director of Building Code Enforcement
and Land Use Administration or either's designated representative
within the time fixed for compliance therewith and any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent
or their agents or any other person taking part or assisting in the
construction or use of any building who shall violate any of the applicable
provisions of this Part 2 or any lawful order, notice, directive,
permit or certificate of the Building Inspector or the Director of
Building Code Enforcement and Land Use Administration or either's
designated representative made thereunder shall be guilty of a violation
which shall be punishable by a fine of not more than $250 or 15 days
in jail, or both. Each day that a violation continues shall be deemed
a separate violation.
[Amended 7-17-1996 by L.L. No. 14-1996; 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
C.
Any violation of this Part 2 shall also subject any
person violating the same to a civil penalty in the sum of $100, recoverable
in a civil action brought by or on behalf of the Town of Mamaroneck.
When a violation of any part of the provisions of this Part 2 is continuous,
each 24 hours thereof shall constitute a separate and distinct violation.
[Amended 7-17-1996 by L.L. No. 14-1996]
D.
Appropriate actions and proceedings may be taken at
law or in equity to prevent unlawful construction or to restrain,
correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct
or business in or about any premises; and these remedies shall be
in addition to the penalties prescribed in the preceding subsection.
