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. 28, July 10, 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:
(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.