Any person who proposes to undertake any activity or operate
any type of building required to obtain an operating permit shall
obtain such permit prior to commencing such activity or operation.
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
A. Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable maximum allowable quantity
tables found in Chapter 50 of the FCNYS; and
B. Buildings, structures, facilities, processes, and/or activities that
are within the scope and/or permit requirements of the chapter or
section title of the FCNYS as follows:
(1) Chapter 22, "Combustible Dust-Producing Operations." Facilities where
the operation produces combustible dust; and
(2) Chapter 24, "Flammable Finishes." Operations utilizing flammable
or combustible liquids or the application of combustible powders regulated
by Chapter 24 of the FCNYS; and
(3) Chapter
25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas; and
(4) Chapter
26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant in detached single-unit dwellings; and
(5) Chapter 31, "Tents, Temporary Special Event Structures, or other
Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS; and
(6) Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage; and
(7) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility
that stores in excess of 2,500 cubic feet of scrap tires or tire by-products
or operating a tire rebuilding plant; and
(8) Chapter 35, "Welding and Other Hot Work." Performing public exhibitions
and demonstrations where hot work is conducted, use of hot work, welding,
or cutting equipment, inside or on a structure, except an operating
permit is not required where work is conducted under the authorization
of a building permit or where performed by the occupant of a detached
single- or two-unit dwelling; and
(9) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse; and
(10)
Chapter
56, "Explosives and Fireworks." 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 § 270 of the Penal Law of NYS, as currently in effect and as hereafter amended from time to time, or any successor rules, regulations or statutes; and
(11)
Section 307, "Opening Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces; and
(12)
Section 308, "Open Flames." Removing paint with a torch or using
open flames, fire, and burning in connection with assembly areas or
educational occupancies; and
(13)
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with the permitting
requirements established herein.
C. Energy storage systems where the system exceeds the values shown
in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings
in Section R327.5 of the RCNYS; and
D. Buildings containing one or more assembly areas; and
E. Outdoor events where the planned attendance exceeds 1,000 persons;
and
F. Facilities that store, handle, or use hazardous production materials;
and
G. Parking garages as defined in this chapter; and
H. Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town Board; and
I. Other processes or activities or operating any type of building,
structure, or facility as determined by resolution adopted by the
Town Board.
Operating permits shall not be required for processes or activities,
or the buildings, structures, or facilities listed in this Article,
provided that the use is expressly authorized by a Certificate of
occupancy or certificate of compliance as well as applicable fire
safety and property maintenance inspections are performed in accordance
with this chapter and applicable condition assessments of parking
garages are performed in compliance with this chapter.
Application for an operating permit shall be made to the Code
Enforcement Officer in such form and detail as required by this officer.
Such application shall include any and/or all information as the Code
Enforcement Officer deems sufficient to permit a determination by
this officer that quantities, materials, and/or activities conform
to the applicable requirements of the Uniform Code. If the Code Enforcement
Officer determines that tests and/or reports are necessary to verify
conformance, such tests and/or reports shall be performed or provided
by such person or person(s) as may by designated by or otherwise acceptable
to this officer at the expense of the owner.
A. The Code Enforcement Officer shall examine an application for an
operating permit and amendments thereto within a reasonable time after
filing. If the application or the supporting documents do not conform
to the requirements of the Uniform Code, the Code Enforcement Officer
shall reject such application, in writing, stating the reasons therefor.
If the Code Enforcement Officer is satisfied that the application
and supporting documents conform to the requirements of the Uniform
Code, the Code Enforcement Officer shall issue an operating permit
therefor as soon as practicable.
B. Third-party inspector. The Code Enforcement Officer has the right
to have a third-party inspector examine an application for an operating
permit and any amendments thereto to ensure compliance with the Uniform
Code.
C. Multiple permits for the same location. When more than one operating
permit is required for the same location, the Code Enforcement Officer
is authorized to consolidate these permits into a single operating
permit if each activity and/or occupancy classification is listed
in this permit.
D. Time limitation of application. An application for an operating permit
shall be deemed to have been abandoned six months after the date of
filing unless such application has been pursued in good faith, an
operating permit has been issued or when such action is requested,
in writing, by the owner. However, the Code Enforcement Officer is
authorized to grant one or more extensions of time for additional
periods not exceeding six months each. The extension shall be requested
by the owner and justifiable cause demonstrated.
A. Before a new operating permit is issued, the Code Enforcement Officer
shall inspect or cause to be inspected the activity and/or occupancy
classification that is the subject of this permit to determine compliance
with the Uniform Code.
B. Third-party inspector. The Code Enforcement Officer has the right
to have a third-party inspector inspect any activity and/or occupancy
classification for which an operating permit is required to ensure
compliance with the Uniform Code.
C. Remote virtual inspections. At the discretion of the Code Enforcement
Officer, a remote virtual inspection may be performed in lieu of an
in-person inspection when, in the opinion of the Code Enforcement
Officer, this form of inspection can accomplish the same level and
quality as an in-person inspection and it shows to the satisfaction
of the Code Enforcement Officer that the premises conform with the
applicable requirements of the Uniform Code and/or the code enforcement
program. Should a remote virtual inspection not afford the Code Enforcement
Officer sufficient information to make a determination, an in-person
inspection shall be performed.
D. Inspection results. After inspection, the premises shall be noted
as satisfactory and the operating permit issued, or the owner shall
be notified as to the manner in which the premises fail to comply
with either or both of the Uniform Code and/or the code enforcement
program, including a citation to the specific provision or provisions
that have not been met.
An operating permit shall contain a general description of the
activity and/or occupancy classification, its location, expiration
date, and any other information required by the Code Enforcement Officer.
Such permit shall also bear the signature of the Code Enforcement
Officer and the issuance date.
The Code Enforcement Officer may include in an operating permit
such terms and conditions as he/she/they deems necessary or appropriate
to ensure safety or to further the purposes and intent of the Uniform
Code.
The issuance or granting of an operating permit shall not be
construed to be a permit for, or an approval of, any violation of
any applicable provisions of the Uniform Code. An operating permit
presuming to give authority to violate or cancel the provisions of
the Uniform Code shall not be valid. The issuance of an operating
permit based on operational documents and other data shall not prevent
the Code Enforcement Officer from requiring correction of errors to
such documents or data.
An operating permit shall be issued for a specified period of
time consistent with local conditions, but in no event to exceed as
follows:
A. One hundred eighty days for tents, special event structures, and
other membrane structures; and
B. Sixty days for alternative activities at a sugarhouse; and
C. Three years for activities, structures and/operations identified
in § 150-50I of this chapter; and
D. One year for all other activities, structures and/or operations identified in §
150-50 of this chapter.
An operating permit may be renewed upon application to the Code
Enforcement Officer, payment of any applicable fees, and approval
of such application by this officer.
An operating permit is not transferable, and any change in occupancy,
operation, tenancy or ownership shall require the issuance of a new
permit.
The Code Enforcement Officer is authorized to revoke an operating
permit issued under the provisions of this chapter when it is found
by inspection or otherwise that there has been a false statement or
misrepresentation as to the material facts in the application on which
such permit or approval was based, including, but not limited to,
any one of the following:
A. The operating permit is used for a lot of record or establishment
other than that for which it was issued.
B. The operating permit is used for an activity and/or occupancy classification
other than that listed in such permit.
C. Conditions and limitations set forth in the operating permit have
been violated.
D. There have been any false statements or misrepresentations as to
the material fact in the application for an operating permit.
E. The operating permit is used by a different owner than the one for
which it was issued.
F. The owner failed, refused, or neglected to comply with orders or
notices duly served in accordance with the provisions of this chapter
within the time provided therein.
G. The operating permit was issued in error or in violation of applicable
provision of the Uniform Code.
Operating permits shall be displayed in a conspicuous place
that is posted near the main exit or exit access doorway of the building,
structure, or facility that is required to obtain an operating permit.
The following terms are specific to this article:
CONDITION ASSESSMENT
An on-site inspection and evaluation of a parking garage
for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that
such parking garage is an unsafe structure.
DETERIORATION
The weakening, disintegration, corrosion, rust, and/or decay
of any structural element or building component, or any other loss
of effectiveness of a structural element or building component.
PARKING GARAGE
Any building or structure, or part thereof, in which all
or any part of any structural level or levels is used for parking
or storage of motor vehicles, excluding:
A.
Buildings in which the only level used for parking or storage
of motor vehicles is on grade; and
B.
An attached or accessory structure providing parking exclusively
for a detached one- or two-family dwelling; and
C.
A townhouse unit with attached parking exclusively for such
unit.
RESPONSIBLE PROFESSIONAL ENGINEER
The professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is performed, and
who seals and signs the condition assessment report. The use of this
term shall not be construed as limiting the professional responsibility
or liability of any professional engineer, or of any other licensed
professional, who participates in the preparation of a condition assessment
without being the responsible professional engineer for such condition
assessment.
The owner of each parking garage shall cause such parking garage
to undergo an initial condition assessment, periodic condition assessment,
and/or such additional condition assessments as required herein. Each
condition assessment shall be conducted by or under the direct supervision
of a professional engineer. A written report of each condition assessment
shall be prepared, and provided to the Town, in accordance with the
requirements of this article. Before performing a condition assessment
(other than the initial condition assessment) of a parking garage,
the responsible professional engineer for such condition assessment
shall review all available previous condition assessment reports for
such parking garage.
Each parking garage shall undergo an initial condition assessment
as follows:
A. Parking garages constructed on or after August 29, 2018, shall undergo
an initial condition assessment following construction and prior to
a certificate of compliance or certificate of occupancy being issued
for the structure.
B. Parking garages constructed prior to August 29, 2018, shall undergo
an initial condition assessment as follows:
(1) If originally constructed prior to January 1, 1984, this assessment
shall be completed prior to October 1, 2019; and
(2) If originally constructed between January 1, 1984, and December 31,
2002, this assessment shall be completed prior to October 1, 2020;
and
(3) If originally constructed between January 1, 2003, and August 29,
2018, this assessment shall be completed prior to October 1, 2021.
C. Any parking garage constructed prior to the effective date of this
chapter enacting this provision that has not undergone an initial
condition assessment prior to that effective date shall complete an
initial condition assessment prior to six months after the effective
date of this chapter.
Following the initial condition assessment of a parking garage,
such parking garage shall undergo periodic condition assessments at
intervals not to exceed three years.
A. If the latest condition assessment report for a parking garage includes
a recommendation by the responsible professional engineer that an
additional condition assessment of such parking garage, or any portion
of such parking garage, be performed before the date by which the
next periodic assessment would be required as prescribed in this article,
the owner of such parking garage shall cause such parking garage (or,
if applicable, the portion of such parking garage identified by the
responsible professional engineer) to undergo an additional condition
assessment no later than the date recommended in such condition assessment
report.
B. If the Town becomes aware of any new or increased deterioration,
which in the judgement of the Town indicates that an additional condition
assessment of the entire parking garage, or of the portion of the
parking garage affected by such new or increased deterioration, should
be performed before the date by which the next periodic condition
assessment would be required under this article, the owner of such
parking garage shall cause such parking garage (or, if applicable,
the portion of the parking garage affected by such new or increased
deterioration) to undergo an additional condition assessment no later
than the date determined by the Town to be appropriate.
The responsible professional engineer shall prepare, or directly
supervise the preparation of, a written report of each condition assessment,
and shall submit such condition assessment report to the Town within
15 business days of the issuance date of this report. Such condition
assessment report shall be sealed and signed by the responsible professional
engineer and shall include:
A. An evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure; and
B. An evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the responsible
professional engineer, should be remedied immediately to prevent an
unsafe condition or unsafe structure; and
C. An evaluation and description of unsafe conditions; and
D. An evaluation and description of the problems associated with deterioration,
conditions that cause deterioration, and unsafe conditions; and
E. An evaluation and description of the corrective options available,
including the recommended time frame for remedying the deterioration,
conditions that cause deterioration, and unsafe conditions; and
F. An evaluation and description of the risks associated with not addressing
the deterioration, conditions that cause deterioration, and unsafe
conditions; and
G. The responsible professional engineer's recommendations regarding
preventative maintenance; and
H. Except in the case of the report of the initial condition assessment,
the responsible professional engineer's attestation that he/she/they
reviewed all previously prepared condition assessment reports available
for such parking garage and considered the information in the previously
prepared reports while performing the current condition assessment
and while preparing the current report; and
I. The responsible professional engineer's recommendation regarding
the time within which the next condition assessment of the parking
garage or portion thereof should be performed. In making the recommendation
regarding the time within which the next condition assessment of the
parking garage or portion thereof should be performed, the responsible
professional engineer shall consider the parking garage's age,
maintenance history, structural condition, construction materials,
frequency and intensity of use, location, exposure to the elements,
and any other factors deemed relevant by the responsible professional
engineer in their professional judgment.
The Town shall take such enforcement action or actions in response
to the information in such condition assessment report as may be necessary
or appropriate to protect the public from the hazards that may result
from the conditions described in such report. In particular, but not
by way of limitation, the Town shall, by order to remedy or such other
means of enforcement as the Town may deem appropriate, require the
owner of the parking garage to repair or otherwise remedy all deterioration,
all conditions that cause deterioration, and all unsafe conditions
identified in such condition assessment report pursuant to this article.
All repairs and remedies shall comply with the applicable provisions
of the Uniform Code. This section shall not limit or impair the right
of the Town to take any other enforcement action, including but not
limited to the suspension or revocation of a parking garage's
operating permit, as may be necessary or appropriate in response to
the information in a condition assessment report.