New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XXXII - Division of Code Enforcement and Administration
Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments
Section 1202.8 - Operating permits
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Except as provided for in section 1202.8(b) of this Part, an operating permit shall be required prior to conducting any process or activity or for operating any type of building, structure, or facility listed below:
(b) The processes, activities, or the operation of the buildings, structures, or facilities listed in section 1202.8(a) of this Part, are exempt from the requirement for an operating permit provided that the processes, activities, or operation are expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with section 1202.9 of this Part, and condition assessments are performed in compliance with section 1202.11 of this Part, as applicable. The department may revoke or suspend such exemption and require operating permits, and/or take any other enforcement action, in the interest of public health, safety, and security.
(c) An application for an operating permit, or the reissue or renewal of an operating permit, shall be completed and submitted on a form prescribed by the department; shall contain sufficient information to enable the department to determine that quantities, materials, and activities conform to the requirements of the Uniform Code, including any necessary tests or reports to verify conformance; and shall include the applicable fees specified or determined in accordance with section 1202.15 of this Part.
(d) The department shall inspect the premises prior to the issuance, reissue, or renewal of an operating permit.
(e) In any circumstance in which more than one activity listed in section 1202.8(a) of this Part is to be conducted at a location, the department may require a separate operating permit for each such activity, or the department may, at its discretion, issue a single operating permit to apply to all such activities.
(f) Operating permits will remain in effect until they expire or are reissued, renewed, or revoked, and shall be effective for the following intervals:
(g) The effective period of each operating permit shall be specified on the operating permit. An operating permit may be reissued or renewed upon application to the department.
(h) The department shall revoke or suspend operating permits where a process or activity, or the operation of any type of building, structure, or facility does not comply with applicable provisions of the Uniform Code.
(i) The fee(s) specified in or determined in accordance with section 1202.15 of this Part shall be paid at the time of submission of an application for an operating permit, application to amend an operating permit, or application to reissue or renew an operating permit.