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.
(6) 
Plans and specifications, in triplicate, as set forth in Subsection E of this section.
(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. 
As used in this section, the following terms have the meanings indicated:
DISCHARGE COMPLIANCE CERTIFICATE
(1) 
A certificate issued by the Issuing Officer with respect to real property not meeting the definition of a multiple housing unit, stating:
(a) 
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
(b) 
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
(2) 
A certificate issued by the Issuing Officer with respect to a nonexempt multiple housing unit stating:
(a) 
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
(b) 
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.
EXEMPT MULTIPLE HOUSING UNIT
A multiple housing unit which does not touch the ground. This section does not apply to exempt multiple housing units.
ISSUING OFFICER
The Building Inspector or the Director of Building Code Enforcement and Land Use Administration.
MULTIPLE HOUSING UNIT
(1) 
An apartment whose owner:
(a) 
Holds an interest in an entity formed for the cooperative ownership of real property; and
(b) 
Is the tenant of the proprietary lease for such apartment; or
(2) 
A unit as that term is defined in § 339-e of the New York Real Property Law and used in Article 9-B ("Condominium Act") of the New York Real Property Law.
NONEXEMPT MULTIPLE HOUSING UNIT
A multiple housing unit which touches the ground.
REAL PROPERTY
A lot or a nonexempt housing unit.
RENEWAL EVENT
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.
SATISFACTORY INSPECTION
(1) 
For real property not meeting the definition of a multiple housing unit, a determination made by the Issuing Officer or such Officer's designee:
(a) 
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
(b) 
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.
(2) 
For a nonexempt multiple housing unit, a determination made by the Issuing Officer or such Officer's designee:
(a) 
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
(b) 
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.
[1]
Editor's Note: This local law redesignated former §§ 106-49 and 106-50 as §§ 106-50 and 106-51.
[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.
[Added 5-4-2005 by L.L. No. 6-2005[1]; 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 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.
[1]
Editor's Note: This local law redesignated former §§ 106-51 through 106-56 as §§ 106-53 through 106-58 and 106-58.1.
[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.