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 5003.1.1(1), 5003.1.1(2), 5003.1.1(3)
or 5003.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR 1225.1;
[Amended 12-14-2020 by L.L. No. 22-2020]
(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.
