§ 92-8. Operating permits.

A. 

Operation permits required. Any person who proposes to undertake any activity or to operate any type of building listed in this subsection shall be required to obtain an operating permit prior to commencing such activity or operation. 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, Section 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.

B. 

Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the CEO. Such application shall include information as the CEO deems sufficient to permit a determination by the CEO that quantities, materials, and activities conform to the requirements of the Uniform Code. If the CEO 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 CEO, at the expense of the applicant.

C. 

Inspections. The CEO or Assistant CEO shall inspect the subject premises prior to the issuance of an operating permit.

D. 

Multiple activities. In any circumstance in which more than one activity listed in Subsection A above herein, is to be conducted at a location, the CEO may require a separate operating permit for each such activity, or the CEO may, in his or her discretion, issue a single operating permit to apply to all such activities.

E. 

Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the CEO to be consistent with local conditions. 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 CEO, payment of the applicable fee, and approval of such application by the CEO.

F. 

Revocation or suspension of operating permits. If the CEO 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.

G. 

Fee. The fee specified in or determined in accordance with the provisions set forth in § 92-14 of this chapter must be paid at the time of issuance of an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.