A permit issued by the Town of North Hempstead Department
of Building, Safety Enforcement and Inspection granting permission
to conduct certain activities or to operate certain facilities within
the Town.
Manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable maximum allowable quantity
tables found in Chapter 50 of the Fire Code;
Buildings, structures, facilities, processes, and/or activities
that are within the scope and/or permit requirements of the chapter
or section title of the Fire Code as follows:
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 of a detached one-family dwelling;
Chapter 31, "Tents, Temporary Special Event Structures, and 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 Fire Code;
Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
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;
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 one- or two-family dwelling;
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 Penal Law § 270;
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
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
Section 319, "Mobile Food Preparation Vehicles." Operating a
mobile food preparation vehicle in accordance with the permitting
requirements established by Office of the Town Clerk, as now in effect
or as hereafter amended from time to time.
Energy storage systems, where the system exceeds the values
shown in Table 1206.1 of the Fire Code or exceeds the permitted aggregate
ratings in Section R327.5 of the Residential Code;
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Building Commissioner; or
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 submitted electronically, via the Building Department
online portal, on a form provided by the Building Commissioner. Such
application shall include such information as the Building Commissioner
deems sufficient to permit a determination by the Building Commissioner
that quantities, materials, and activities conform to the requirements
of the Uniform Code. If the Building Commissioner 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 Building Commissioner,
at the expense of the applicant.
Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in Subsection A(1)(a) through (i) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of approval or completion, fire safety and property maintenance inspections are performed in accordance with Article VIII of Chapter 2 of this Code (Fire Safety and Property Maintenance Inspections), and condition assessments are performed in compliance with § 2-9U of this Code (Condition assessments of parking garages).
Inspections. The Building Commissioner shall inspect the subject
premises prior to the issuance of an operating permit. Such inspections
shall be performed in person. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder 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.
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 Building Commissioner shall require a separate operating permit for each such activity.
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 Building Commissioner, inspection, payment
of the applicable fee, and approval of such application by the Building
Commissioner.
Revocation or suspension of operating permits. If the Building Commissioner
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.
The provisions of § 2-75 of this Code shall govern violations of this chapter.