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 the requirements of the Uniform Code.
B. 
Hazardous processes and activities, and occupancies, activities and operations listed in the special occupancies and operations part of the Fire Code of New York State.
C. 
Use of pyrotechnic devices in any occupancy.
D. 
Buildings containing one or more areas of public a assembly.
E. 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer or Fire Chief.
F. 
Mobile food preparation Vehicles as described in the Fire Code of New York State.
G. 
Energy storage systems that exceed the values listed in Fire Code of New York State.
H. 
Outdoor events where the attendance could exceed 1,000 persons.
I. 
Any other use or activity which the Uniform Code requires an operating permit.
A. 
An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. The Code Enforcement Officer shall have the authority to require tests or reports to verify conformance.
B. 
Inspections.
(1) 
An inspection of the premises, vehicle or structure shall be conducted prior to the issuance of an operating permit. Such inspection may be conducted in conjunction with required firesafety inspections as described in this code.
(2) 
Access to all parts of any building, vehicle, premises and parts thereof shall be provided by the owner, operator, agent or occupant thereof to personnel herein for the purpose of making such inspections at any reasonable time during normal business hours or at such other times as may be agreed upon. Whenever the Code Enforcement Officer or enforcement official shall be unable to obtain access to premises for the purpose of making an inspection as herein provided, a demand for access to such premises may be served upon the owner and/or occupants in accordance with the provisions of this chapter. The time period may be shortened by means of a search warrant, court order or other legal procedure.
(3) 
If the person entitled to possession of any building, premises or part thereof refuses admittance thereto of the Code Enforcement Officer or enforcement official for the purpose of making an examination or inspection of the premises, the Code Enforcement Officer or other enforcement officials shall seek authorization, by use of an order to show just cause or any other prompt legal means, from any court of competent jurisdiction. The moving papers shall recite that the Enforcement Official believes, or has probable cause justified by a valid public interest to believe, that by an inspection of certain premises designated in his/her affidavit, the Enforcement Official will obtain evidence leading to reveal the existence of violations of this chapter or the Uniform Code. If such probable cause shall appear, the judge shall issue a warrant or order authorizing the Code Enforcement Officer or enforcement official to inspect the premises named in the affidavit and designated in the warrant to obtain evidence tending to reveal the existence of violations of this chapter or the Uniform Code.
(4) 
If the person entitled to possession of any building, vehicle, premises or part thereof refuses or denies admittance thereto for the purposes of conducting an inspection required by this chapter, it shall be prima facie evidence that the building or vehicle does not comply with the Uniform Code and therefore is unsafe.
C. 
An application may not be required when the operating permit or certificate of occupancy is issued after the completion of a firesafety inspection.
A. 
Operating permits may remain in effect until reissued or revoked or may be issued for a specified period of time consistent with local conditions, but in no event shall exceed the time frame for fire safety inspections described in this chapter and the following:
(1) 
For tents, special event structures, and other membrane structures, on a schedule set by the Code Enforcement Officer, not to exceed 180 days.
(2) 
For outdoor events with an expected attendance of 1,000 or more, on a schedule set by the Code Enforcement Officer, not to exceed one year.
B. 
A single operating permit may apply to more than one hazardous activity.
C. 
Where activities do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended and such activity cease immediately.
D. 
No owner, operator or individual shall commence any activity for which an operating permit is required without a obtaining an operating permit.