Article II Permits, Building, Demolition, Fire Prevention and Operating

Subject to Subsection B below, a building permit is required prior to undertaking any of the following activities:

Any work which must conform to the Uniform, including, but not limited to, the construction, enlargement, alteration, improvement, removal, or relocation of any structure or any portion thereof;

(2)

The installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit;

(3)

Construction of any accessory structure;

(4)

Installation of swimming pools where such pools are designed for a water depth of greater than 24 inches (reference Chapter 93, Swimming Pools and Hot Tubs);

(5)

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

(6)

Replacement of any building equipment whose replacement alters the building equipment's listing or renders it inconsistent with the building equipment's original specifications;

(7)

Repairs to structures, provided that such repairs 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.

(8)

Any proposed paving work, including the construction, reconstruction, expansion, or other substantial alteration of any driveway or other paved area used for the parking of motor vehicles, and, for properties zoned other than single-family or two-family residential, any sealing work.

[Amended 7-15-2024 by L.L. No. 5-2024]

Exemptions. The following activities are not subject to the permitting requirements of this chapter:

(1)

A playset or treehouse not exceeding 14 feet and which is located not less than five feet from any property line;

(2)

Walls, not exceeding 24 inches in height, erected for decorative or landscaping purposes and not located along the property line.

Applications for building permits. Applications for a building permit shall be made in writing on a form prescribed by the Code Enforcement Officer. 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. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination that the intended work complies with all applicable requirements and shall be accompanied by the following information and documentation:

(1)

A description of the proposed work;

(2)

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

(3)

The occupancy classification of any affected building or structure;

(4)

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

(5)

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

(a)

Define the scope of the proposed work;

(b)

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

(c)

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

(d)

Substantiate that the proposed work will comply with all applicable requirements; and

(e)

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.

Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection C(5) 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.

Issuance of building permits. The Code Enforcement Officer or an inspector shall examine an application for a building permit to ascertain whether the proposed work is in compliance with all applicable requirements. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements.

Building permits to be displayed. Building permits shall be visibly displayed at the site and shall remain visible until the authorized work has been completed in compliance with all applicable requirements.

Work to be in accordance with construction documents. 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 permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. 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.

Construction inspections.

(1)

Work to remain accessible and exposed. Work authorized pursuant to a building permit 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.

(2)

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

(a)

Work site prior to the issuance of a building permit;

(b)

Footing and foundation;

(c)

Preparation for concrete slab;

(d)

Framing;

(e)

Building systems, including underground and rough-in;

(f)

Fire-resistant construction;

(g)

Fire-resistant penetrations;

(h)

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

(i)

Uniform Code compliance; and

(j)

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

Certificates of occupancy.

(1)

Certificates of occupancy required. For structures that are intended for human occupancy or use, a certificate of occupancy 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. Permission to use or occupy a structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy.

(2)

Issuance of certificates of occupancy. The Code Enforcement Officer shall issue a certificate of occupancy if the work which was the subject of the building permit was completed in accordance with all applicable requirements and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable requirements. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the structure or work prior to the issuance of a certificate of occupancy. 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 certificate of occupancy, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy:

(a)

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

(b)

Flood hazard certifications.

(3)

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

(a)

The building permit number, if any;

(b)

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

(c)

The name, address and tax map number of the property;

(d)

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

(e)

The use and occupancy classification of the structure;

(f)

The type of construction of the structure;

(g)

The assembly occupant load of the structure, if any;

(h)

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

(i)

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

(j)

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

(4)

Temporary certificate.

(a)

The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary use or occupancy of a 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:

[1]

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

[2]

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

[3]

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

(b)

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 and this chapter. 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. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the structure into full compliance with all applicable provisions of the Uniform Code and any other applicable requirements.

(5)

Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy 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.

(6)

Fee. The fee specified in or determined in accordance with the provisions set forth in § 15-8, Fees, of this chapter must be paid at the time of submission of an application for a certificate of occupancy or for a temporary certificate.

Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance, unless extended by the Code Enforcement Officer for good cause shown. A building permit renewed or extended hereunder shall be subject to the payment of any applicable fee.

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 any applicable requirement, the Code Enforcement Officer shall revoke or suspend the building permit until such time as the permit holder demonstrates that all work then completed is in compliance with all applicable requirements and all work then proposed to be performed shall be in compliance with all applicable requirements.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 15-8, Fees, of this chapter 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.

§ 15-5 Demolition permits.

[Amended 12-9-2024 by L.L. No. 12-2024]

Subject to Subsection B and § 15-9C, no person shall demolish an existing structure without first obtaining a demolition permit issued by the Code Enforcement Officer. Single-family and two-family dwellings, and accessory structures associated therewith, may be exempt from specific requirements of this chapter where indicated herein.

Exemptions. Subject to Subsection B(4) and (5) below, the following demolition activities do not require a demolition permit pursuant to this chapter:

(1)

The demolition of a structure having a gross square floor area of 500 square feet or less;

(2)

Demolition of a playset or treehouse;

(3)

Demolition of a fence or wall;

(4)

Demolition of structures designated as a Landmark pursuant to Chapter 47 of the Village Code are not subject to this chapter, but rather are regulated pursuant to Chapter 47, and, notwithstanding any other provision of this chapter to the contrary, no such structures shall be demolished except as authorized by Chapter 47.

(5)

Demolition of any structure identified as an historic resource is subject to the referral requirement of § 15-5E, regardless of whether such structure has been designated as a Landmark.

Applications for demolition permits. Applications for a demolition permit shall be made in writing on a form prescribed by the Code Enforcement Officer and, subject to Subsection C(18) below, shall include the following information and documentation:

(1)

Name, address and telephone number of the owner;

(2)

Names, addresses and telephone numbers of all contractors (general, special or salvage) authorized by the owner to perform work;

(3)

Insurance coverage information as required by Subsection G, including the name of each insurance company, policy number and date of expiration of policy;

(4)

A brief description and, where requested by the Code Enforcement Officer, photograph(s) of each structure to be demolished which depict neighboring adjacent properties or structures which may be directly affected by the proposed demolition;

(5)

A current survey showing the location of the structure(s) to be demolished, complete with property and public ways, adjacent on-site structures and locations of all utilities and easements;

(6)

A survey or inspection report with photographs noting the condition of any public way adjacent to the site;

(7)

A survey or drawing indicating the proposed new grades and type of fill to be used, if any;

(8)

An asbestos survey and/or inspection letter for any structure(s) to demolished that was constructed before January 1, 1974, and, if such survey indicates the presence of asbestos, an asbestos abatement plan prepared and certified by a licensed asbestos abatement contractor;

(9)

Identification of the source of any fill material and certification that such material will meet the specifications set forth in Subsection I herein;

(10)

Expected start and completion dates for all proposed work, which dates must comply with the time limitations set for in Subsection J herein;

(11)

List of materials to be salvaged, if any;

(12)

Provision for disposal of refuse;

(13)

A statement as to security and/or barricades to safeguard premises from unauthorized entry during the demolition work, as well as the protection of the general public, and a diagram of such barricades or other security measures;

(14)

For properties zoned MU, NMU, M-1 and R-3M, a proposed redevelopment plan for approval by the Planning and Architectural Review Board, except that such redevelopment plan shall not be required for the proposed demolition of a single-family or two-family dwelling or any accessory structure associated therewith;

(15)

An estimate of the cost to complete all work to be authorized by the demolition permit;

(16)

Any other information deemed necessary by the Code Enforcement Officer; and

(17)

Payment of the application fee in an amount established from time to time by the Board of Trustees, and, if required in the discretion of the Code Enforcement Officer based upon the scale of the proposed demolition activities, a bond or other financial assurance acceptable to the Village in an amount sufficient to complete the work authorized by the demolition permit or required by this chapter;

(18)

The Code Enforcement Officer may waive any of the application requirements provided herein upon a determination that, due to the limited nature of the proposed demolition activities, such information is not necessary, except that the Code Enforcement Officer shall not waive the requirement for a proposed redevelopment plan required pursuant to Subsection C(14) or the fee required pursuant to Subsection C(17).

Posted notice. For all properties, except single-family and two-family dwellings, zoned MU, NMU, M-1 and R-3M, the owner shall, within five days of submission of an application for demolition:

(1)

Post one sign for each public way upon which the site abuts, identifying the building(s) or structure(s) proposed to be demolished, and securely placed so as to be clearly visible from each public way or street upon which the property abuts.

(2)

Each sign required to be posted shall be made of durable, weather-resistant material measuring two feet by three feet in area, with a white background and black letters of sufficient size to be legible from the public way to which the sign relates, and shall list the name and telephone number of the owner or an authorized representative of the owner who can provide information regarding the proposed demolition; the expected date of completion; and the telephone number for the Village Building Department.

(3)

Once a demolition permit has been issued, its expiration date shall be added to the sign(s), which shall remain erected on the site until all work required under the demolition permit is completed.

Referral of certain applications to Historic Preservation Commission.

(1)

If an application for demolition relates to an Historic Resource (as defined herein), or a Principal or Accessory Building (as defined herein) 50 years or older, the Code Enforcement Officer shall refer the application to the Village of Williamsville Historic Preservation Commission upon receipt and before making a decision. The Commission shall review the possible historic significance of such building or historic resource pursuant to Chapter 47 of the Village Code no later than its next regularly scheduled meeting or 45 days after receipt of such referral, whichever occurs first.

(2)

In the event the Commission recommends that the historic resource proposed to be demolished be designated as a landmark pursuant to Chapter 47 of the Code, no demolition permit may be issued until a final decision is made with respect to such nomination.

(3)

If the Commission declines to recommend that the subject historic resource be nominated as landmark, it shall promptly notify the Code Enforcement Officer of that determination, and the Code Enforcement Officer may proceed with reviewing and acting upon the application as provided in this chapter. If the Commission takes no action with respect to the application within 30 days after receiving the referral required by Subsection E(1), the Code Enforcement Officer shall proceed with reviewing and acting upon the application as provided in this chapter.

Redevelopment plan.

(1)

For all properties, other than single-family and two-family dwellings, zoned MU, NMU, M-1 and R-3M, and except for emergency demolitions ordered pursuant to this chapter, no demolition permit shall be issued pursuant to this chapter until a redevelopment plan has been approved by the Planning and Architectural Review Board.

(2)

Alternately, in lieu of obtaining site plan approval for a new development, an interim landscaping plan may be approved by the Planning and Architectural Review Board for a period not to exceed one year from the date of demolition. Such interim landscaping shall be in place and stabilized no later than 30 days after demolition occurs. Any damage to public sidewalks shall be repaired. Within a period of 30 days following completion of the interim landscaping, all construction debris, fencing, toilets, etc shall be removed from the site until such time as construction begins anew on the proposed future development.

Certificate of insurance.

(1)

As part of the application for a demolition permit, proof of worker's compensation insurance and a certificate of insurance for liability shall be delivered to the Code Enforcement Officer, as agent for the Village. The minimum limits of said liability for the demolition of structures, whether in a homeowner's insurance policy or separate liability policy, shall be in an amount as required by the Village.

(2)

All insurance certificates shall include the Village as an additional named insured.

Permit issuance. Upon a determination that an application for demolition is complete as provided herein, the Code Enforcement Officer shall issue a demolition permit as authorized by this chapter. In addition to the requirements expressly set forth in this chapter, the Code Enforcement Officer may impose additional conditions or restrictions regularly determined to be necessary to protect public health and safety and the general welfare of the Village.

Demolition procedures and standards.

(1)

Upon the request of the Code Enforcement Officer, the person making the application for a permit to demolish a structure shall submit to the Code Enforcement Officer a written report from a licensed exterminator regarding extermination of the structure prior to the issuance of a demolition permit.

(2)

The owner or contractor shall give notice to the Code Enforcement Officer no less than 24 hours prior to the start of the demolition work. The Code Enforcement Officer shall inspect the demolition regularly and shall be empowered to halt any such demolition that, in the judgment of the Code Enforcement Officer, is not being performed in a safe and sanitary manner or in accordance with the approved demolition permit.

(3)

Site security.

(a)

Prior to demolition, the contractor will erect a system of barricades (as approved by the Code Enforcement Officer) around the site which shall remain in place, and properly secured during all phases of demolition. Such barricades shall not be placed so as to obstruct any public way unless determined by the Code Enforcement Officer to be necessary for public safety or operational necessity. All barricades or fencing shall be maintained in an upright and secure position at all times. Upon notification of any violation of this requirement, the owner shall have three days to properly secure the site, and upon the failure of the owner to correct any violation within such time, the Code Enforcement Officer may, through the use of Village employees or private contractor(s), take such steps as are necessary to correct such violation(s), with the cost of such corrective actions assessed to the owner. If the owner fails to reimburse the Village of the costs within 30 days of being billed therefore, the charge shall be added to the Village tax assessed against the property.

(b)

At the discretion of the Code Enforcement Official and in the interest of the health, safety, and welfare of the general public, a sidewalk may be closed for a period of time during demolition/construction. Such closure shall be accompanied by a drawing indicating a detour plan, complete with signage, that will be maintained in good condition, upright, and secure for the duration of the closure as well as the proposed length of the closure. Certain conditions may be imposed on the applicant's plan by the Code Enforcement Officer to facilitate special events or other public interests which would otherwise be inconvenienced by the sidewalk closure.

(4)

Prior to demolition, the owner or contractor shall have all utilities service properly disconnected at the owner's expense.

(5)

The contractor shall obtain appropriate approval for the water use on the site from the Department of Public Works and/or the Erie County Water Authority for dust control and have sufficient lengths of 1 1/2-inch and/or 2 1/2-inch hose for this purpose. Dust from all activities associated with the demolition work shall be controlled so as not to impact neighboring properties or public ways by watering down the site or other dust control measures approved by the Code Enforcement Officer.

(6)

The contractor shall provide a flagperson for traffic control when necessary, and should a street have to be closed, shall obtain permission from the Department of Public Works, the Chief of Police and the Fire Chief.

(7)

In the case of the demolition of an existing building which has a common or party wall with one or more adjoining buildings, the owner of the building to be demolished shall be responsible for and bear all costs in relation to the safeguarding of said adjacent wall.

(8)

Where beams, girders and joists are removed from party walls, the resulting pockets in said walls shall be cleaned out and filled with solid masonry. Necessary repairs shall be made to put the party wall in a safe condition. This work shall be done by the contractor at the expense of the property owner having said demolition performed.

(9)

During the demolition work, debris must be systematically removed from the Site and not allowed to pile up or cause any obstruction, hazard or attractive nuisance.

(10)

When a structure to be demolished contains a cellar or basement, the contractor shall remove all debris and organic material from the cellar or basement and then break up and/or perforate the cellar floor. The bearing or foundation wall shall be removed to a depth of at least 24 inches below the present grade or at least 24 inches below any future grade to be established. The material resulting from the cellar or foundation wall demolition may remain in the excavation, provided that the material is crushed and compacted and the overall mix of fill conforms to the standards set forth in Subsection I(11).

(11)

In filling excavations, voids and/or other depressions, fill material must conform to the following standards: a minimum of 66% clay materials over a compactable, well-graded, engineered fill (e.g., general fill or crusher run) compacted in lifts with not less than 90% compaction. The fill shall have no particles greater than six inches (216 cubic inches) in dimension and shall be free of organics and asphaltic materials. The final grade shall be of 12 inches of 100% soil content free of all aggregate materials, sod, roots, stumps, trees, brush, stone and asphaltic or bituminous materials. Documentation of sources and custody of the fill materials shall be provided to the Code Enforcement Officer.

(12)

Where there is no cellar or basement, the bearing or foundation wall shall be removed to a depth of at least 24 inches below any future grade to be established.

(13)

The final grade must also provide for proper drainage and prevent the accumulation of standing water.

(14)

Demolition of any structure shall proceed only on normal Village workdays and in compliance with § 73-3A.

(15)

Salvage materials that are a structural part of the structure shall not be removed except as part of the actual demolition of said structure. Removal of salvage shall be by the owner or salvage contractor only.

(16)

In-ground storage tanks shall be removed from the demolition site.

(17)

No explosives may be used in connection with demolition of a structure unless a special permit is first obtained from the Village Board of Trustees pursuant to § 73-9.

Permit time limit.

(1)

Unless different time frames are approved in writing by the Code Enforcement Officer based upon conditions unique to the particular application, a demolition permit shall be valid as follows:

(a)

For structures not exceeding 2 1/2 stories in height above grade: 30 days;

(b)

For structures more than 2 1/2 stories and less than five stories in height above-grade: 45 days;

(c)

For all structures in excess of five stories in height above grade: 60 days.

(2)

At the discretion of the Code Enforcement Officer, the applicable time periods provided herein may be extended once for a period not to exceed 10, 20 or 30 days, respectively, upon good cause shown by the owner. Any request for an extension shall be in writing and submitted to the Code Enforcement Officer at least 10 days prior to the applicable expiration date.

(3)

All work authorized by the demolition permit or otherwise required by this chapter must be completed within the time frames provided herein. Each day that such work remains incomplete beyond the applicable expiration date shall constitute a separate violation of this chapter.

Final inspection; certification of completion.

(1)

Upon notification by the owner that the demolition work has been completed, or upon the expiration of such demolition permit, the Code Enforcement Officer shall inspect the site to ensure compliance with all applicable requirements. Any damage to existing sidewalks, curbs or streets caused in the performance of the demolition work shall be replaced in kind and/or repaired in accordance with Village specifications. All remedial work shall be done by the contractor (or owner, in the case of work done by owner) at said contractor or owner's own expense, bearing the cost of restoring affected streets and curbs to a good and satisfactory condition.

(2)

If any fill material utilized at the site is found to be contaminated or unsuitable in any way, the Code Enforcement Officer may order its removal from the site and the replacement with suitable fill at the owner's expense.

(3)

Upon determination that the owner has fully complied with all applicable requirements, the Code Enforcement Officer shall issue a certificate of completion to the owner and file such certificate of completeness in the office of the Building Department.

(4)

Upon a determination that the owner has failed to comply with all applicable requirements or that the site is otherwise in violation of any applicable provision of the Code, the Code Enforcement Officer shall issue an order requiring immediate action to cure such noncompliance or Code violation.

(5)

In the event that the owner fails or refuses to cure such noncompliance or Code violations within 15 days of receipt of such order, the Village may perform or contract for the necessary work to bring said property into compliance, with the cost of making the site safe being assessed against such property and shall be a lien thereon; or may seek any other available legal remedies to ensure compliance.

(6)

In addition to any other remedies available to the Village, any person committing an offense against any provision of this section shall be guilty of a violation, punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $500, or both such fine and imprisonment. The continuation of an offense against the provisions of this Section shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

§ 15-6 Fire prevention permits.

A fire prevention permit specifying the specific activity or operation shall be obtained for the following:

(1)

Acetylene generators. To operate an acetylene generator having a calcium carbide capacity exceeding five pounds.

(2)

Area of public assembly. See § 15-7A(1)(d) for operating permit.

(3)

Automobile tire rebuilding plants. To operate an automobile tire rebuilding plant.

(4)

Automobile wrecking yards. To operate an automobile wrecking yard.

(5)

Bowling establishments. For bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.

(6)

Cellulose nitrate motion-picture film. To store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.

(7)

Cellulose nitrate plastics.

(a)

To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics.

(b)

To manufacture articles of cellulose nitrate plastics, which shall include the use of cellulose nitrate plastics in the manufacture or assembling of other articles.

(8)

Combustible fibers. To store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.

(9)

Combustible materials. To store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume, on any premises.

(10)

Compressed gases, nonflammable. To store, handle or use more than 6,000 cubic feet of nonflammable compressed gas at normal temperatures and pressures.

(11)

Cryogenics. To store, handle, produce, sell or use cryogenic fluids, except cryogens used as a motor fuel and stored in motor vehicle tanks.

(12)

Disabling of fire protection equipment. To temporarily disable any fire protection equipment in accordance with § 311.2 of the Fire Code of New York State.

(13)

Dry-cleaning plants. To use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.

(14)

Dust-producing plants. To operate any grain elevator, flour, starch or feed mill, woodworking plant, or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.

(15)

Explosive, ammunition and blasting agents.

(a)

To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics.

(b)

To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.

(c)

To use explosives or blasting agents.

(d)

To operate a terminal for handling explosives or blasting agents.

(16)

Fireworks display (outdoors). For display not given for gain or for admission when a fee is charged.

(17)

Flammable and combustible liquids.

(a)

To store, handle or use flammable liquids in excess of 6.5 gallons inside dwellings or in excess of 10 gallons inside any other building or other occupancy or in excess of 60 gallons outside of any building. This provision shall not apply to:

[1]

Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.

[2]

Paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting or similar purposes.

(b)

To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.

(c)

A permit shall be obtained for the initial installation of an oil burner and a fuel-oil tank used in connection therewith. A permit shall be required for the replacement of a fuel-oil tank connection to an oil burner.

(d)

For processing, blending or refining of flammable or combustible liquids.

(18)

Flammable finishing. For spraying, coating or dipping operations utilizing flammable or combustible liquids.

(19)

Fruit-ripening process. To conduct a fruit-ripening process using ethylene gas.

(20)

Fumigation and thermal insecticidal fogging. To conduct fumigation or thermal insecticidal fogging operations.

(21)

Hazardous materials. See § 15-7 for operating permit.

(22)

Hazardous processes. See § 15-7 for operating permit.

(23)

Junkyards. To operate a junkyard.

(24)

Liquefied petroleum gas. For each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 1,000 gallons' water capacity, and for each permanent installation, irrespective of size of containers.

(25)

Lumberyards. To operate a lumberyard.

(26)

Magnesium. For melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day.

(27)

Matches.

(a)

To manufacture matches.

(b)

To store matches in excess of 25 cases. Note: One case equals one matchman's gross of 14,000 matches.

(28)

Organic coatings. To perform organic coating operations utilizing more than one gallon of organic coating on any working day.

(29)

Ovens and furnaces. To operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F., which ovens are heated with oil or gas fuel or which, during operation, contain flammable vapors from the material in the oven or catalytic combustion system.

(30)

Potential hazard to public safety. See § 15-7 for operating permit.

(31)

Pyrotechnic indoor displays. See § 15-7 for operating permit.

(32)

Service stations and repair garages. To operate a service station or repair garage.

(33)

Tents. To erect a temporary tent in excess of 200 square feet on any parcel being used for nonresidential purposes.

(34)

Underground storage tank (UST) removal. To remove any underground flammable or combustible liquid storage tank(s).

(35)

Welding and cutting. To operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.

Fire prevention permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.

Revocation or suspension of permit. A fire prevention permit may be revoked or suspended because of any false statement or misrepresentation of material fact in the application or because of failure to supply additional information required within a reasonable time or because the work is not being executed in accordance with applicable codes, ordinances, laws, rules and regulations of the Village, state and county, or in accordance with the approved plans and specifications. Notice of the revocation or suspension of the fire prevention permit shall be deemed to be duly given by service upon a responsible individual in charge at the premises or by mailing to the post office address of the party to whom the fire prevention permit was issued. It shall be unlawful to proceed with any work, except what may be authorized by the Code Enforcement Officer, after revocation or suspension of the fire prevention permit, and no fire prevention permit may be reissued after revocation or suspension while any violation of any code, ordinance, law, rules or regulation or state and county law or regulation exists.

Procedures.

(1)

An application for a fire prevention permit shall be made to the Code Enforcement Officer on forms provided or prescribed by the Code Enforcement Officer and shall contain the following information:

(a)

The activity or operation for which a fire prevention permit is requested, including location, quantities and methods of storage of any hazardous materials, substances or devices.

(b)

The address or location where activity or operation is to be conducted.

(c)

The name and address of the applicant.

(d)

The period of time for which the fire prevention permit is requested.

(e)

Any additional information or documents required by the Code Enforcement Officer because of conditions or circumstances peculiar to the location, parcel or premises or to the hazardous substances, materials or devices involved.

(2)

The application for a fire prevention permit shall be upon oath as to the facts stated therein. The application shall be filed with the Building Department and the fee prescribed by this chapter shall be paid at the time of filing.

A certificate of occupancy issued for a structure shall constitute the fire prevention permit if the activity or operation requiring a fire prevention permit is specifically certified as part thereof.

The Code Enforcement Officer shall conduct periodic inspections of all occupancies for compliance with the provisions of the Uniform Code and for compliance with the provisions of any fire prevention permit issued and shall issue appropriate notices or orders citing all violations and setting time limits for compliance or ordering such activity or operation to cease until violations are corrected.

§ 15-7 Operating permits.

Operating permits required.

(1)

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

(a)

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;

(b)

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;

(c)

Use of pyrotechnic devices in assembly occupancies;

(d)

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(e)

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Village Board of Trustees.

(2)

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.

Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. 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 and any other applicable requirement. 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.

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.

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 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.

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

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.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 15-8, Fees, of this chapter must be paid at the time of submission of an application for an operating permit, or any amendment, renewal or reissuance thereof.