A.
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(1)
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;
(2)
Hazardous processes and activities, including but
not limited to, commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(3)
Use of pyrotechnic devices in assembly occupancies;
(4)
Buildings containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
(5)
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 this Town.
B.
Any person who proposes to undertake any activity
or to operate any type of building listed in this section shall be
required to obtain an operating permit prior to commencing such activity
or operation.
An application for an operating permit shall
be in writing on a form provided by or otherwise acceptable to the
Building Inspector. Such application shall include such information
as the Building Inspector deems sufficient to permit a determination
by the Building Inspector that quantities, materials, and activities
conform to the requirements of the Uniform Code. If the Building Inspector
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 Inspector, at the expense of the applicant.
The Building Inspector or an inspector authorized
by the Building Inspector shall inspect the subject premises prior
to the issuance of an operating permit.
In any circumstance in which more than one activity listed in § 38-33 of this article is to be conducted at a location, the Building Inspector may require a separate operating permit for each such activity, or the Building Inspector 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.
Operating permits shall not be transferable
and any change in use or occupancy of premises shall require a new
operating permit.
If the Building Inspector 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.
