Town of Potsdam, NY
St. Lawrence County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Potsdam 6-12-2007 by L.L. No. 5-2007.
Editor's Note: This local law also repealed former Ch. 62, Fire Prevention and Building Code Administration, adopted 10-18-1984 by L.L. No. 3-1984, as amended.
Amendments noted where applicable.]
GENERAL REFERENCES

Unsafe buildings — See Ch. 49.

Outdoor fires — See Ch. 65.

Flood damage prevention — See Ch. 68.

Subdivision of land — See Ch. 93.

Zoning — See Ch. 110.

§ 62-1
Legislative intent; authority; applicability. 

§ 62-2
Definitions. 

§ 62-3
Intermunicipal agreements; Code Enforcement Officer; fees. 

§ 62-4
Duties and powers of Code Enforcement Officer. 

§ 62-5
Penalties for offenses. 

§ 62-6
Building permits. 

§ 62-7
Certificates of occupancy. 

§ 62-8
Inspections. 

§ 62-9
Installation of solid-fuel-burning appliances. 

§ 62-10
Operating permits. 

§ 62-1 Legislative intent; authority; applicability.

This chapter shall provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Town of Potsdam. This chapter is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this chapter, or within the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.

§ 62-2 Definitions.

The words and terms used in this chapter shall have the same meaning as those contained in Executive Law § 372, unless the context may otherwise require.

§ 62-3 Intermunicipal agreements; Code Enforcement Officer; fees.

A. 

The Town of Potsdam may, by resolution, enter into a contract with other governments to carry out the terms of this chapter.

B. 

There is hereby created the appointive Office of Code Enforcement Officer. The Code Enforcement Officer shall be appointed by the Supervisor with the approval of the Town Board at a compensation to be fixed by it. In the absence of the Code Enforcement Officer, to act for any reason, the Chief Executive Officer shall have the power, with the consent of the Town Board, to designate a person to act for this officer. Compensation shall be fixed by the Town Board by resolution.

C. 

Additional code enforcement personnel, which may include all inspectors and Code Compliance Technicians, shall be appointed by the Supervisor with the approval of the Town Board, and their compensation shall be fixed by the Town Board by resolution.

D. 

The persons, offices, departments, agencies or combinations thereof authorized and responsible for administration and enforcement of the Uniform Code, or any portion thereof, shall be clearly identified.

E. 

A schedule of fees shall be established by resolution by the Town Board.

§ 62-4 Duties and powers of Code Enforcement Officer.

The Code Enforcement Officer shall administer and enforce all of the provisions of the New York State Uniform Fire Prevention and Building Code. The Code Enforcement Officer may promulgate rules and regulations subject to the approval of the Town Board to secure the intent of this chapter and the Uniform Code. Such rules and regulations shall be published at least 10 days proper to their effective date. The specific duties of the Code Enforcement Officer shall be to:

A. 

Receive applications and such fees as may be established by the Town Board.

B. 

Approve or deny plans and specification within 60 days in writing and issue permits for the erection and alteration of buildings or structures or parts thereof.

C. 

Inspect the premises for which such applications have been received, plans approved or such permits issued.

D. 

Approve or deny applications for certificates of occupancy within 10 days.

E. 

Conduct periodic inspections as required by the Uniform Code.

F. 

Maintain all records on file with the Town Clerk, consisting of applications, permits, denials, inspection reports, recommendations, complaints, violation orders, certificates of occupancy, correspondence and proof of payment of required fees.

G. 

Issue in writing all appropriate notices or orders to remove illegal or unsafe conditions.

H. 

Require the necessary safeguards during the entire course of construction or demolition.

I. 

Serve notices and orders upon a property owner or the owner's agent personally or by certified mail or by posting conspicuously on the premises to which the notice or order applies.

J. 

Report at least annually to the governing body all approvals, denials, permits and certificates issued, fees collected and turned in to the general fund, orders and notices issued and other matters as appropriate.

K. 

The Code Enforcement Officer shall annually submit to the Secretary of State on behalf of the Town Board, on a form prescribed by the Secretary, a report of its activities relative to administration and enforcement of the Uniform Code.

§ 62-5 Penalties for offenses.

A. 

It shall be unlawful to erect, construct, enlarge, alter, improve, remove, demolish or use any building or structure or portion thereof in violation of any provision of law, as well as any regulation or rule of the municipality, or to fail in any manner to comply with a notice, directive or order of the Code Enforcement Officer or to commence the erection, construction enlargement, alteration, improvement, removal, demolition or use of any building or structure or the installation of heating equipment without having applied for and obtained a permit. However, no permit shall be required for the performance of necessary repairs which are not of a structural nature and which are done in conformance with the Uniform Code.

B. 

Any person who shall fail to comply with a written order of the Code Enforcement Officer, 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 knowingly violate any of the applicable provisions of law, or any lawful order, notice, directive permit or certificate of the Code Enforcement Officer made thereunder shall be punished by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each week that a violation continues shall be deemed a separate offense.

C. 

Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such an offense.

D. 

Appropriate action 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 penalties otherwise prescribed by law.

§ 62-6 Building permits.

A. 

Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including but not limited to the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.

B. 

Exemptions. No building permit shall be required for work in any of the following categories:

(1) 

Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(2) 

Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;

(3) 

Installation of fences which are not part of an enclosure surrounding a swimming pool;

(4) 

Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

(5) 

Construction of temporary motion picture, television and theater stage sets and scenery;

(6) 

Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(7) 

Installation of partitions or movable cases less than five feet nine inches in height;

(8) 

Painting, wallpapering, tiling, carpeting, or other similar finish work;

(9) 

Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(10) 

Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or

(11) 

Repairs, provided that such repairs do not involve:

(a) 

The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;

(b) 

The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;

(c) 

The enlargement, alteration, replacement or relocation of any building system; or

(d) 

The removal from service of all or part of a fire-protection system for any period of time.

C. 

Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

D. 

Applications for building permits.

(1) 

Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.

(2) 

The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner.

(3) 

The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code.

(4) 

The application shall include or be accompanied by the following information and documentation:

(a) 

A description of the proposed work;

(b) 

The tax map number and the street address of the premises where the work is to be performed;

(c) 

The occupancy classification of any affected building or structure;

(d) 

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

(e) 

At least two sets of construction documents (drawings and/or specifications) which must:

[1] 

Define the scope of the proposed work;

[2] 

Be prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

[3] 

Indicate with sufficient clarity and detail the nature and extent of the work proposed;

[4] 

Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and

[5] 

Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.

E. 

Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth Subsection D of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.

F. 

Issuance of building permits.

(1) 

An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

(2) 

The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

G. 

Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

H. 

Work to be in accordance with construction documents.

(1) 

All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive.

(2) 

The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.

I. 

Time limits. Building permits shall expire 12 months after the date of issuance. A building permit which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

J. 

Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates the following:

(1) 

All work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code; and

(2) 

All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

K. 

Fee. The fee specified in or determined in accordance with the provisions set forth in § 62-3E must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.

§ 62-7 Certificates of occupancy.

A. 

Certificates of occupancy/certificates of compliance required.

(1) 

A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof which are converted from one use or occupancy classification or subclassification to another.

(2) 

Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy/certificate of compliance.

B. 

Issuance of certificates of occupancy/certificates of compliance.

(1) 

The Code Enforcement Officer shall issue a certificate of occupancy/certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code.

(2) 

The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificates of occupancy/certificates of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificates of occupancy/certificates of compliance:

(a) 

A written statement of structural observations and/or a final report of special inspections; and

(b) 

Flood hazard certifications.

C. 

Contents of certificates of occupancy/certificates of compliance. A certificate of occupancy/certificate of compliance shall contain the following information:

(1) 

The building permit number, if any;

(2) 

The date of issuance of the building permit, if any;

(3) 

The name, address and Tax Map number of the property;

(4) 

If the certificate of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance is issued;

(5) 

The use and occupancy classification of the structure;

(6) 

The type of construction of the structure;

(7) 

The assembly occupant load of the structure, if any;

(8) 

If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

(9) 

Any special conditions imposed in connection with the issuance of the building permit; and

(10) 

The signature of the Code Enforcement Officer issuing the certificate of occupancy/certificate of compliance and the date of issuance.

D. 

Temporary certificate.

(1) 

The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines:

(a) 

That the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely;

(b) 

That any fire- and smoke-detecting or fire protection equipment which has been installed is operational; and

(c) 

That all required means of egress from the building or structure have been provided.

(2) 

The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code.

(a) 

A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate.

(b) 

During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

E. 

Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy/certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

F. 

Fee. The fee specified in or determined in accordance with the provisions set forth in § 62-3E of this chapter must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.

§ 62-8 Inspections.

A. 

Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.

B. 

Existing buildings not subject to inspection under Subsection A shall be subject to periodic inspections for compliance with the Uniform Code. Notwithstanding any requirement of the section to the contrary, no regular, periodic inspections of occupied dwellings units shall be required. This shall not be a limitation on inspections conducted at the invitation of the occupant or where conditions on the premises threaten or present a hazard to the public health, safety or welfare.

C. 

Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

(1) 

Work site prior to the issuance of a building permit;

(2) 

Footing and foundation;

(3) 

Preparation for concrete slab:

(4) 

Framing;

(5) 

Building systems, including underground and rough-in.

(a) 

All electrical installations;

(b) 

Heating systems;

(c) 

Air conditioning.

(6) 

Fire-resistant construction;

(7) 

Fire-resistant penetrations;

(8) 

Solid-fuel-burning heating appliances, chimneys, flues or gas vents;

(9) 

Energy Code compliance; and

(10) 

A final inspection after all work authorized by the building permit has been completed.

D. 

Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

E. 

Fee. The fee specified in or determined in accordance with the provisions set forth in § 62-3E of this chapter must be paid prior to or at the time of each inspection performed.

§ 62-9 Installation of solid-fuel-burning appliances.

A permit for installation of a solid-fuel-burning heating appliance, chimney and flue in any dwelling unit shall be obtained as provided in § 62-6. If the enforcement official, after inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the Town Board. A violation of this section and of Subdivision 4 of § 378 of the Executive Law shall be punishable as provided in § 62-5B.

§ 62-10 Operating permits.

A. 

Any person who proposes to undertake any activity or to operate any type of building listed in this subsection shall be required to obtain an operating permit prior to commencing such activity or operation.

B. 

Applications for operating permits.

(1) 

An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.

(2) 

Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code.

(3) 

If the Code Enforcement Officer 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 Code Enforcement Officer at the expense of the applicant.

C. 

Activities.

(1) 

Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.

(2) 

Amusement buildings. An operational permit is required to operate a special amusement building.

(3) 

Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include but are not limited to hot work, hazardous materials and flammable or combustible finishes.

(4) 

Carnivals and fairs. An operational permit is required to conduct a carnival or fair.

(5) 

Battery systems. A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 liters).

(6) 

Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy.

(7) 

Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices, or sugar, or other operations producing combustible dusts as defined in Chapter 2 of the International Fire Code.

(8) 

Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 cubic meters).

(a) 

Exception: A permit is not required for agricultural storage.

(9) 

Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in the Fire Code of New York State, Table 105.6.9.

(a) 

Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.

(10) 

Covered mall buildings. An operational permit is required for:

(a) 

The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall.

(b) 

The display of liquid-or gas-fired equipment in the mall.

(c) 

The use of open-flame or flame-producing equipment in the mall.

(11) 

Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11 of the International Fire Code.

(12) 

Cutting and welding. An operational permit is required to conduct cutting or welding operations within jurisdiction.

(13) 

Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment

(14) 

Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows.

(15) 

Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 33 of the International Fire Code.

(16) 

Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire-suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public.

(a) 

Exception: A permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves.

(17) 

Flammable and combustible liquid. An operational permit is required:

(a) 

To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT), nor does it apply to piping systems.

(b) 

To store, handle or use Class I liquids in excess of 5 gallons (19 liters) in a building or in excess of 10 gallons (37.9 liters) outside of a building, except that a permit is not required for the following:

[1] 

The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the code official, would cause an unsafe condition.

[2] 

The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.

(c) 

To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95 liters) in a building or in excess of 60 gallons (227 liters) outside a building, except for fuel oil used in connection with oil-burning equipment.

(d) 

To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

(e) 

To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

(f) 

To install, alter, remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or above-ground flammable or combustible liquid tank.

(g) 

To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed.

(h) 

To manufacture, process, blend or refine flammable or combustible liquids.

(18) 

Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (36 square meters) using Class I or Class II liquids.

(19) 

Fruit and crop ripening. An operational permit is required to operate a fruit- or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.

(20) 

Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.

(21) 

Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.21 of the International Fire Code.

(22) 

HPM facilities. An operational permit is required to store, handle or use hazardous production materials.

(23) 

High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 square meters).

(24) 

Hot work operation. An operational permit is required for hot work including but not limited to:

(a) 

Public exhibitions and demonstrations where hot work is conducted.

(b) 

Use of portable hot work equipment inside a structure.

[1] 

Exception: Work that is conducted under a construction permit.

(c) 

Fixed-site hot work equipment such as welding booths.

(d) 

Hot work conducted within a hazardous fire area.

(e) 

When approved, the code official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the firesafety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their supervision.

(25) 

Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 21 of the International Fire Code.

(26) 

Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 cubic feet) (236 cubic meters).

(27) 

Liquid-or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.

(28) 

LP gas. An operational permit is required for:

(a) 

Storage and use of LP gas.

[1] 

Exception: A permit is not required for individual containers with water capacity of 500 gallons (1893 liters) or less for service occupancies in Group R-3.

(b) 

Operation of cargo tankers that transport LP gas.

(29) 

Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kilograms) of magnesium.

(30) 

Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 cubic meters) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material.

(31) 

Open burning. See Chapter 65 of this Code.

(32) 

Open flames and candles. An operational permit is required to remove paint with a torch; use a torch or open-flame device in a hazardous fire area; or to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments.

(33) 

Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 liters) of an organic coating in one day.

(34) 

Places of assembly. An operational permit is required to operate a place of assembly.

(35) 

Private fire hydrants. An operational permit is required for the removal from service, use or operation of private fire hydrants.

(a) 

Exception. A permit is not required for private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants.

(36) 

Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material.

(37) 

Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11 kilograms) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics.

(38) 

Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6 of the International Fire Code.

(39) 

Repair garages and service stations. An operational permit is required for operation of repair garages and automotive, marine and fleet service stations.

(40) 

Rooftop heliports. An operational permit is required for the operation of a rooftop heliport.

(41) 

Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15 of the International Fire Code.

(42) 

Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71 cubic meters) of total volume of scrap tires and for indoor storage of tires and tire byproducts.

(43) 

Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 square meters) or a canopy in excess of 400 square feet (37 square meters).

(a) 

Exceptions:

[1] 

Tents used exclusively for recreational camping purposes.

[2] 

Fabric canopies and awnings open on all sides which comply with all of the following:

[a] 

Individual canopies shall have a maximum size of 700 square feet (65 square meters).

[b] 

The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 millimeters) shall not exceed 700 square feet (65 square meters) total.

[c] 

A minimum clearance of 12 feet (3658 millimeters) to structures and other tents shall be provided.

(44) 

Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant.

(45) 

Waste handling. An operational permit is required for the operation of wrecking of yards, junkyards and waste material-handling facilities.

(46) 

Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 cubic meters).

D. 

Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.

E. 

Multiple activities. In any circumstance in which more than one activity listed in Subsection C of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.

F. 

Duration of operating permits.

(1) 

Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions.

(2) 

The effective period of each operating permit shall be specified in the operating permit.

(3) 

An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.

G. 

Duration of operating permits. Operating permits shall remain in effect until reissued, renewed, revoked, or suspended.

H. 

Revocation or suspension of operating permits. If the Code Enforcement Officer 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.

I. 

Fee. The fee specified in or determined in accordance with the provisions set forth in § 62-3E 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.