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Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
1-1. 
Operating permits required.
A. 
Operating permits shall be required for conducting the activities or using the categories of 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 New York State" and incorporated by reference in 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; and
(5) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Commissioner of Building.
B. 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
1-2. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Commissioner of Building. Such application shall include such information as the Commissioner of Building deems sufficient to permit a determination by the Commissioner of Building that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Commissioner of Building determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Commissioner of Building, at the expense of the applicant.
1-3. 
Inspections. The Commissioner of Building or an inspector authorized by the Commissioner of Building shall inspect the subject premises prior to the issuance of an operating permit.
1-4. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Commissioner of Building may require a separate operating permit for each such activity, or the Commissioner of Building may, in his or her discretion, issue a single operating permit to apply to all such activities.
1-5. 
Duration of operating permits. Operating permits shall remain in effect until reissued, renewed, expired, revoked, or suspended. The Commissioner of Building may allow the certificate of occupancy or certificate of compliance to serve as the operating permit if the permitted operation is noted on the certificate of occupancy or certificate of compliance.
1-6. 
Revocation or suspension of operating permits. If the Commissioner of Building 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.
1-7. 
Fees. The fee specified in or determined in accordance with the provisions set forth in Article XI, Fees, of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.