Unless
prohibited within the Village, or as may otherwise be set forth in
the New York State Uniform Fire Prevention and Building Code, Subchapter
A of Chapter XXXIII of Title 19 of the NYCRR, adopted by the Village
pursuant to Article 18 of the Executive Law ("Uniform Code"), an operating
permit issued by the Village of Dobbs Ferry shall be required for
conducting any process, activity, or operations in any type of building,
structure, or facility, when such process, activity or operations
are among those enumerated in Section 1203.3 (g)(1) of 19 NYCRR Part
1203. The term "operating permit" shall also include any renewal,
amendment, or extension of an operating permit. It shall be the sole
responsibility of the party conducting any regulated process, activity
or operation to comply with all legal requirements without any prerequisite
for notification, demand or action.
For
illustrative purposes, the following are regulated activities enumerated
in 19 NYCRR Section 1203 (g)(1) that are subject to this article requiring
issuance of operating permits in the Village of Dobbs Ferry:
Manufacture, storage or handling of hazardous materials (including
compressed gas) in quantities exceeding listed in the applicable maximum
allowable quantity tables found in the Uniform Code;
Fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
Welding and other hot works, except for work is conducted under the
authorization of a building permit or where performed by the occupant
of a detached one- or two-family dwelling;
Possessing, manufacturing, storing, handling, selling, or using explosives,
fireworks, or other pyrotechnic special effects materials except the
outdoor use of sparkling devices as defined by Penal Law § 270;
Other buildings, structures or facilities whose use or occupancy
classification may pose a substantial potential hazard to public safety,
such as hotel, motel and day-care facilities, motor fuel dispensing
stations and other buildings, structures or facilities as may be identified
and set forth in this code by local law.
An application
for an operating permit shall be in writing on a form provided by
or otherwise acceptable to the Building Inspector, which application
shall contain such information deemed sufficient to permit a determination
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Building Inspector, or his/her designee
charged with the review of such applications ("reviewer"), determines
that tests or reports are necessary to verify conformance, such tests
or reports shall be performed or provided by such qualified person
or persons as may be designated by or otherwise acceptable to the
reviewer, at the expense of the applicant.
In the
discretion of the Building Inspector, a separate operating permit
may not be required for a regulated process or activity, or for a
building, structure, or facility having regulated operations provided
that the use is expressly authorized by a certificate of occupancy
or compliance or otherwise subject to fire safety and property maintenance
inspections performed in accordance with code enforcement efforts
and legal requirements.
The Building
Inspector, or his/her designee provided such individual is duly authorized
to conduct inspections for purposes of code enforcement ("Code Enforcement
Officer"), shall inspect the subject premises prior to the issuance
of an operating permit. Such inspections shall be performed either
in person or remotely. Remote inspections in lieu of in-person inspections
may be performed when, at the discretion of the Code Enforcement Officer,
the remote inspection can be performed to the same level and quality
as an in-person inspection and the remote inspection shows to the
satisfaction of the Code Enforcement Officer that the premises conform
with the applicable requirements of the Uniform Code and the code
enforcement program. Should a remote inspection not afford the Village
sufficient information to make a determination, an in-person inspection
shall be performed. After inspection, the premises shall be noted
as satisfactory and the operating permit shall be issued, or the applicant
shall be notified as to the manner in which the premises fail to comply
with either or both of the Uniform Code and the code enforcement program,
including a citation to the specific provision or provisions that
have not been met.
In any
circumstance in which more than one regulated activity is to be conducted
at a single location, the Building Inspector may require a separate
operating permit for each such activity, or the Building Inspector
may, in his/her discretion, issue a single operating permit to apply
to all such activities.
Operating
permits shall be issued for a specified period of time consistent
with local conditions, but in no event shall such duration exceed
(i) 180 days for tents, special event structures, and other membrane
structures, (ii) one year for regulated activities, structures, and
operations specifically enumerated in 19 NYCRR 1203(g)(1) and (iii)
three years for the other buildings, structures or facilities as may
be identified and set forth in this Code by local law. The effective
period of each operating permit shall be specified in the operating
permit as determined by the Code Enforcement Officer depending on
the specific nature of the activities or operations and consistent
with local conditions. An operating permit may be reissued or renewed
upon application to the Building Department and in compliance with
this article.
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 for a stated period and deadline to provide
the permit holder an opportunity to cure the violation.
An application for an operating permit, including any amendment, reissuance or renewal, shall be accompanied by a fee in an amount set the Board of Trustees in accordance with Chapter 175.