N.Y. Comp. Codes R. & Regs. tit. 19 § 1202.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1202.8 - Operating permits

(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:

(1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;

(2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS listed and described in this paragraph as follows:

(i) Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;

(ii) Chapter 24, "Flammable Finishes." Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS;

(iii) Chapter 25, "Fruit and Crop Ripening." Operating a fruit or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;

(iv) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;

(v) Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane Structures." Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS;

(vi) Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;

(vii) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant;

(viii) Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one or two-family dwelling;

(ix) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;

(x) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except for the outdoor use of sparkling devices as defined by Penal Law section 270;

(xi) Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces;

(xii) Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and

(xiii) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food preparation vehicle.

(a) The operating permit required by subparagraph (xiii) of this paragraph shall be in addition to, and not in lieu of, requirements imposed by the Vehicle and Traffic Law or other applicable federal, state, or local laws, statutes, rules, or regulations, including but not limited to requirements relating to periodic vehicle safety inspections, periodic vehicle emission testing, vehicle registration, insurance coverage, and licensing of vehicle operators.

(b) The operating permit required by subparagraph (xiii) of this paragraph shall be in addition to, and not in lieu of, any other permit or license that may be required by any other federal, state, or local law, statute, rule, or regulation to operate a mobile food preparation vehicle.

(c) No operating permit shall be construed as authorizing the operation of a mobile food preparation vehicle in any jurisdiction or location where such operation is prohibited by any other federal, state, or local law, statute, rule, or regulation.

(d) At the discretion of the department, the department may rely on an operating permit issued by any other governmental unit or agency authorized by section 1201.2 of Part 1201 of this Title for the operation of a mobile food preparation vehicle, provided, however, that the department is satisfied that the operating permit was issued in compliance with the applicable provisions of the issuing governmental unit or agency, and meets the applicable requirements of this Part and the Uniform Code.

(3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS.

(4) buildings containing one or more assembly areas;

(5) outdoor events where the planned attendance exceeds 1,000 persons;

(6) facilities that store, handle or use hazardous production materials;

(7) parking garages as defined in section 1202.11 of this Part; and

(8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the department.

(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.

(1) Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the department, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the department that the premises conform with the applicable requirements of the Codes.

(2) After the inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the owner shall be notified as to the manner in which the premises fails to comply with the Uniform Code or this Part, including a citation to the specific provision or provisions that have not been met. In the case of a premises failing to comply with the Uniform Code or this Part, the processes, activities, or the operation of the buildings, structures, or facilities that were the subject of the operating permit application shall not take place until the owner corrects, in a manner approved by the department, the issues noted as having failed the inspection, and a new inspection is performed by the department and an operating permit issued.

(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:

(1) 180 days for tents, special event structures, and other membrane structures;

(2) 60 days for alternative activities at a sugarhouse; and

(3) one year for all other activities, structures, and operations.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.8

Adopted New York State Register December 28, 2022/Volume XLIV, Issue 52 , eff. 12/30/2022