This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Village of Mamaroneck in accordance with the regulations adopted by the New York State Department of State regarding local programs for administering and enforcing the Uniform Code and the Energy Code. It also provides for the enforcement of Chapters
96 (Amusements), 100 (Antennas), 106 (Auctions and Auctioneers), 116 (Bingo), 120 (Blasting), 150 (Dance Halls and Cabarets), 164 (Electrical Standards), 172 (Excavations), 196 (Games of Chance), 200 (Garbage, Rubbish and Refuse), 234 (Laundries and Dry Cleaning), 246 (Motels), 250 (News Racks), 274 (Peddling and Soliciting), 278 (Plumbing Standards), 280 (Property Maintenance), 285 (Sidewalk Cafes), 286 (Signs) and 300 (Swimming Pools) of the Code of the Village of Mamaroneck. Except as otherwise provided in the Uniform Code, the Energy Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of their use or occupancy, are subject to the provisions this chapter.
As used in this chapter, the following terms have the meanings
indicated:
ASSEMBLY AREA
An area in any building, or in any portion of a building,
that is primarily used or intended to be used for gathering 50 or
more persons for uses including, but not limited to, amusement, athletic,
entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink
consumption; awaiting transportation; or similar purposes.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals, or property. A building is a structure.
BUILDING PERMIT
A permit, including a construction permit and a demolition
permit, which authorizes the performance of work, including a permit
which is renewed, amended, or extended pursuant to any provision of
this chapter.
CERTIFICATE OF COMPLIANCE
A document issued by the Code Enforcement Officer stating
that work was done in compliance with approved construction documents
and the codes.
CERTIFICATE OF OCCUPANCY
A document issued certifying that the building or structure,
or a portion of the building or structure, complies with the approved
construction documents and indicating that the building or structure,
or a portion of the building or structure, is in a condition suitable
for occupancy.
CODES
The Uniform Code and the Energy Code.
ENERGY CODE
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FIRE CODE
The 2020 Fire Code of New York State as currently incorporated
by reference in 19 NYCRR Part 1225.
FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
in that part by reference and the applicable provisions of 19 NYCRR
Part 1226 and the publications incorporated by reference in that part.
HAZARDOUS PRODUCTION MATERIALS
A solid, liquid, or gas associated with semiconductor manufacturing
that has a degree-of-hazard rating in health, flammability, or instability
of Class 3 or 4, as ranked by National Fire Protection Association
(NFPA) 704 (Standard Systems for Identification of the Hazards of
Materials for Emergency Response), and which is used directly in research,
laboratory, or production processes which have, as their end product,
materials that are not hazardous.
MOBILE FOOD PREPARATION VEHICLE
Any vehicle that contains cooking equipment that is used
to prepare and serve food to the public and which produces smoke or
grease-laden vapors. The term does not include vehicles intended for
private recreation.
OPERATING PERMIT
A permit issued pursuant to §
350-10 of this chapter and includes an operating permit that is renewed, amended, or extended pursuant to any provision of this chapter.
PERSON
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
PROPERTY MAINTENANCE CODE
The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
REPAIR
The reconstruction, replacement, or renewal of any part of
an existing building for the purpose of its maintenance or to correct
damage.
RESIDENTIAL CODE
The 2020 Residential Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1220.
STRUCTURE
Anything constructed, erected, or installed the use of which
requires location on or under the ground level, in whole or in part,
or attachment to something having location on or under the ground.
SUGARHOUSE
A building used, in whole or in part, for the collection,
storage, or processing of maple sap into maple syrup and/or maple
sugar.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
WORK
Any tangible physical activity conducted by persons with
or without the use of mechanical equipment that leads to or is intended
to lead to the erection of a building or structure on a parcel of
land.
The chief of any fire department providing firefighting services
for a property within the Village must promptly notify the Code Enforcement
Officer of any fire or explosion involving any structural damage,
fuel-burning appliance, chimney, or gas vent.
Unsafe buildings, structures, and equipment and conditions of
imminent danger must be identified and addressed in accordance with
the procedures established by this Code.
[Amended 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]
The Code Enforcement Officer must charge and collect the fees required by the fee specified in or determined in accordance with the provisions set forth in §
350-18 of this chapter and Appendix A347 (Fees) of this Code, for the actions of the Code Enforcement Officer described in or contemplated by this chapter. If the Village Manager determines that a fee has been charged in error, the Village Manager is authorized to direct the Village Clerk-Treasurer to refund the fee.
The Board of Trustees may, by resolution, authorize the Village
Manager to enter into an agreement in the name of the Village with
other governments to carry out the terms of this chapter, provided
that the agreement does not violate any provision of the Uniform Code,
the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other
applicable law.