Any person who proposes to undertake any of the following activities or to operate any of the following types of building shall obtain an operating permit prior to commencing such activity or operation:
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;
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;
Use of pyrotechnic devices in assembly occupancies;
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town.
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 a 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. 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.
The Fire Marshal or a Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.
In any circumstance in which more than one activity and/or operation listed in § 64-31 is to be conducted at a location, the Fire Marshal or a Code Enforcement Officer may require a separate operating permit for each such activity, or the Fire Marshal or a Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
Operating permits shall remain in effect until reissued, renewed, revoked, or suspended.
If the Fire Marshal or a 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.
The fee specified in or determined in accordance with the provisions set forth in § 64-56 of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.