(A)
Permits for the same location. A single permit may be granted for
one (1) or more of the purposes for which approval is sought at the
discretion of the Chief Fire Marshal.
(B)
Permit Placement. Permits shall be posted in a conspicuous place
on the premises designated therein and shall be readily available
for inspection at all times by the fire code official, an officer
of the police department, or any officer of the fire district. It
shall be unlawful to fail to post the required operational or construction
permit on site where an operation is being conducted or work is being
performed.
(C)
Scope of permit. Permits shall be issued for a specific purpose or
activity and shall not be construed to authorize any other work or
activity under this chapter or other applicable state or local law,
regulation or rule.
Application for a permit required by this chapter shall be made
to the Bureau of Fire Prevention Chief Fire Marshal with the non-refundable
application fee and shall be accompanied by plans and specifications
where required by the Chief Fire Marshal.
A.
An application for any proposed work, activity, or operation shall
be deemed to have been abandoned six (6) months after the date of
filing, unless such application has been diligently prosecuted or
a permit shall have been issued, except that the Director of Engineering
Services is authorized to grant one (1) or more extensions not exceeding
ninety (90) days each for good cause shown, as long as it can be demonstrated
that the applicant is proceeding diligently and the delay is not under
the control of or due to the actions of the applicant.
B.
Denial of application. If the application for a permit describes
a use or activity that does not conform to state or local requirements,
a permit shall not be issued and the application shall be returned
with the reason for denial.
C.
Where field conditions necessitate any substantial change from the
approved construction documents, corrected construction drawings shall
be submitted for approval along with the requisite plan review fee.
D.
Correction of errors. The issuance of a permit based on construction
documents and other data shall not prevent the fire code official
from requiring the correction of errors in the documents submitted.
The Chief Fire Marshal shall approve any addition to or alteration
of approved construction documents in advance, and a new permit issued.
E.
Construction documents shall be submitted in such form and detail
as required by the Chief Fire Marshal and shall be prepared by a licensed
design professional in accordance with New York State Department of
Education regulations. All construction plans and specifications shall
be stamped and signed by a New York State Licensed Engineer or a Registered
Architect.
F.
Construction documents shall be of sufficient clarity to indicate
the location, nature and extent of the work proposed and show in detail
that it will conform to the requirements of this chapter, the Fire
Code of New York State, and other applicable law, rule or regulation.
(A)
Operational permits. An operational permit shall remain in effect
until reissued, renewed, or revoked or for a period not to exceed
the date specified in the permit; operating permits may not be extended
or transferred.
(B)
Construction permits.
(1)
Construction permits are valid for one (1) year from the date
of issuance. The Bureau of Fire Prevention may extend such permits
for no more than two (2), one (1) year terms. In no event shall a
construction permit be renewed beyond three (3) years of the original
date of issuance. Such permit shall be null and void at the end of
the extension period(s). An expired constructions permit must be replaced
with a new permit upon the submission of a new application and payment
of the requisite fee.
(2)
The fee for each extension period shall be one-half (1/2) of
the total application fee paid for the original permit. If, at the
discretion of the Director of Engineering Services, payment of the
fee for an extension in full for a construction permit would constitute
a severe hardship to the applicant, the fee may be pro-rated on a
monthly basis, provided the project is substantially complete and
no hazard to the public health or safety will be created.
(3)
Construction permits are not transferable.
(A)
The fire code official shall perform operational permit inspections
and conduct fire safety property maintenance inspections of buildings
and structures at the following intervals:
[Amended 1-14-2015 by L.L. No. 3-2015; 5-10-2016 by L.L. No. 24-2016]
(1)
Areas of assembly, areas of public assembly, and business operations
that require operational permits shall be inspected at least once
every twelve (12) months.
(2)
Inspection of all structures, uses and occupancies that do not
require an operational permit shall be performed at least once every
twelve (12) months.
(B)
Before a new operational permit is approved or an existing permit
is renewed, an inspection of the receptacles, vehicles, buildings,
devices, premises, storage spaces or areas to be used shall be conducted
to determine compliance with the provisions of this chapter or of
any other applicable state or local law, regulation or rule.
[Amended 1-14-2015 by L.L. No. 3-2015]
(C)
A certificate of completion for work completed under a construction
permit may not be issued until such time as an acceptance test has
been performed by the contractor identified on the construction permit
and approved by the fire code official. Prior to scheduling an acceptance
test the contractor of record shall provide the fire code official
with copies of all required regulatory approvals.
(D)
Whenever any system installation is completed and is covered or concealed
prior to inspection, the fire code official may require that such
work be exposed for inspection.
(E)
It shall be unlawful for any person or business entity to resist,
obstruct or impede the fire code official of the Town of Huntington
in the inspection process. Any action to resist, obstruct or impede
the inspection process shall be in violation of this chapter and subject
to the fines and penalties provided herein.
The Chief Fire Marshal may approve an application for a permit
in whole or in part if the proposed work, project, activity or operation
meets all applicable laws, rules and regulations. Any permit issued
pursuant to this Chapter can be made subject to conditions or restrictions
that, in the judgment of the Chief Fire Marshal, are necessary or
proper to protect the health or safety of persons or property, and
in the public interest. Such conditions or restrictions shall be set
forth in the permit.
Any person who fails, neglects or refuses to abide by a condition
or restriction established in a permit issued pursuant to this Chapter
shall be in violation of this Chapter.
[Amended 1-14-2015 by L.L. No. 3-2015]
A.
The acceptance of a permit shall constitute an agreement by the property
owner and/or permit holder that the work to be performed, or activity
or operation, will comply in all respects with the plans and specifications
approved by the bureau, and that no modification, alteration or deviation
from the approved plans and specifications, or the permit, will occur
without the prior approval of the Chief Fire Marshal. A property owner
and/or permit holder who performs work, or causes work to be performed,
or conducts an operation or activity which modifies, alters or deviates
from the approved plans, specifications or permit in any way shall
be in violation of this Chapter. In addition to any other penalty
provided for herein, the Town may issue a stop-work order and may
revoke the permit.
B.
Non-transferability of permit to other property. It shall be unlawful
to cause or permit a permit to be posted at a premise other than the
premises for which the permit was issued. The permit holder, property
owner to whom the permit was originally issued and the owner of the
property on whose property the permit is unlawfully posted shall be
strictly liable for a violation of this Chapter. In addition to any
other penalty provided for herein, the Town may issue a stop-work
order and may revoke the permit.
C.
Alteration of permit. It shall be unlawful to alter, obscure, deface,
change or otherwise tamper with any portion of a permit issued pursuant
to this Chapter. The property owner and/or permit holder shall be
strictly liable for a violation of this section. In addition to any
other penalty provided for herein, the Town may issue a stop-work
order and revoke the permit.
[Amended 1-14-2015 by L.L. No. 3-2015]
A permit may be revoked by the Director of Engineering Services
when it is found by inspection or otherwise that there has been an
unlawful act in connection with the permit, including but not limited
to any of the following:
(A)
The permit is used for work, or an activity or operation, location
or establishment other than that for which it was issued; or
(B)
A condition or restriction set forth in the permit has been violated,
neglected or ignored; or
(C)
There has been a false statement, an error, mistake or misrepresentation
as to a material fact in the application for a permit, the construction
documents or the plans submitted for a permit; or
(D)
The permit is used by a different person or firm than the name for
which it was issued; or
(E)
The applicant failed, refused or neglected to comply with orders
or notices duly issued by the Bureau of Fire Prevention pertaining
to the subject of the permit within the time provided therein; or
(F)
The permit was issued in error or in violation of state, county,
or local law, rule or regulation; or
(G)
Such other material basis as deemed proper or necessary by the Fire
Code Official.
[Added 1-14-2015 by L.L. No. 3-2015]
(A)
Prior to the revocation of a permit, the Chief Fire Marshal shall
prepare a report outlining the reason(s) for the proposed revocation
of a permit. A copy of the report shall be mailed to the property
owner at the address shown on the most current assessment roll maintained
by the Town Assessor, or to his agent, or person-in-charge of the
property, and to the applicant together with a Notice of Hearing which
shall contain the following:
(B)
Amendment, modification or withdrawal. The Chief Fire Marshal may
amend, modify or withdraw any Notice issued if, in his judgment, the
circumstances warrant such action provided the amended or modified
Notice is served as provided in C herein within five (5) business
days of service of the original Notice, and a hearing has not occurred.
(C)
Service of Notice. The Notice of Hearing and Report shall be served
either personally in accordance with the CPLR, or by registered or
certified mail, return receipt requested and by regular mail, addressed
to the property owner at the last address shown on the most current
assessment roll of the Town Assessor, or to the owner's agent at the
last known address, or person-in-charge of the property and to the
applicant.
[Added 1-14-2015 by L.L. No. 3-2015]
An administrative hearing may be held before a duly appointed
Administrative Hearing Officer. Hearings may be adjourned only upon
good cause shown.
(A)
Administrative Hearing Officer. The Hearing Officer may consider
the evidence and shall submit his or her findings and recommendations
to the Director of Engineering Services for ultimate determination.
A copy of the Hearing Officer's report shall be filed with the Town
Clerk and served in the same manner as the Notice of Hearing. Such
mailing shall include a statement that the recipient has five (5)
days from receipt of the report to submit to the Director his written
objections to the Hearing Officer's findings and recommendations.
The Director shall consider the written objections and the Hearing
Officer's report, and may adopt or reject, in whole or in part any
portion thereof as he or she deems advisable or necessary under the
circumstances. The Director's determination shall be final, and shall
be filed in the Office of the Huntington Town Clerk and mailed to
the person(s) to whom the original Notice was served by regular mail
and by registered or certified mail, return receipt requested.
(B)
Conduct of hearings. At the administrative hearing the person to
whom a Notice has been issued shall be entitled to be represented
by legal counsel and provided with an opportunity to be heard. He
may present the testimony of witnesses, experts and other evidence
in his own behalf as he deems necessary and relevant to the subject
matter of the hearing. All hearings shall be recorded.
(C)
Action upon non-appearance. Upon the failure, neglect or refusal
of the owner, his agent, person-in-charge of the property or applicant
to appear at the administrative hearing; or if the mailing is returned
by the Post Office because of the inability to make delivery for any
reason, as long as the Notice was properly addressed, at the election
of the Director the permit may be revoked for the reasons set forth
in the Chief Fire Marshal's original report. The Director's determination
shall be final, and shall be filed in the Office of the Huntington
Town Clerk and mailed to the person(s) to whom the original Notice
was served by regular mail and by registered or certified mail, return
receipt requested.
(D)
Error or mistake. If the basis for the revocation is § 111-33F such revocation shall be effective upon a mailing advising the property owner, his agent, or person in charge of the property and the applicant that the permit is revoked and the reason(s) thereof. Such mailing shall be accomplished by regular and certified mail, return receipt requested, and addressed to the last known address of the proposed recipient.
(E)
Remedies. Nothing contained herein is intended to limit or restrict
the Town's use of other remedies without limitation, at law or in
equity, or impede the ability of town officials to enforce the code
through stop work orders, notices of violation and summonses.
