New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 7 - TEMPORARY RESIDENCES, MASS GATHERINGS AND CHILDREN'S CAMPS › Subpart 7-1 - Temporary Residences (hotels, Motels And Cabin Colonies) › General Provisions › Section 7-1.3 - Permits to operate a temporary residence required; application, issuance, revocation, posting, inspection, access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall operate a temporary
					 residence or cause or allow the same to be operated, without a permit from the
					 permit-issuing official.
(b)
					 Application for a permit shall be made on a form specified by the department,
					 by the operator to the permit-issuing official at least 60 days before
					 operation or the expiration of an existing permit or a change in name, owner or
					 operator. For new construction, such application shall include a copy of the
					 certificate of occupancy issued by the local code enforcement
					 official.
(c) The permit-issuing
					 official shall issue a permit if the temporary residence conforms or will
					 conform at the time of operation to the requirements of this Subpart and will
					 not present a danger to the health and safety of the occupants and general
					 public. An applicant's past history of compliance or non-compliance will be a
					 consideration in evaluating the previously mentioned criteria.
(d) A permit may be denied, revoked or
					 suspended by the permit-issuing official or the State Commissioner of Health if
					 the temporary residence is maintained, operated or occupied in violation of the
					 Public Health Law, this Title or other applicable provisions of the uniform
					 code. Before denial, suspension or revocation of a permit, or after receipt of
					 a notice of violation, the operator shall have the right to appeal to the
					 permit-issuing official, except that when a public health hazard exists, a
					 permit may be temporarily suspended pending a hearing. A permit will also be
					 revoked upon request of the operator or upon abandonment of the temporary
					 residence operation. Following the revocation, an application shall be filed
					 for a new permit before resumption of operation.
(e) A permit for a temporary residence shall
					 be issued for a period of not more than three years from the date of issue. A
					 permit shall not be transferable or assignable and shall expire upon a change
					 of the operator of the temporary residence or upon the date specified by the
					 permit-issuing official.
(f) The
					 permit-issuing official or representative shall be allowed entry at any time
					 for the purposes of inspection to any property operated as a temporary
					 residence as defined by this Subpart.
(g) A permit issued for the operation of a
					 temporary residence shall be posted in a conspicuous place on the
					 premises.
(h) A separate permit
					 shall be required to operate a children's camp. A bathing beach, swimming pool,
					 recreational aquatic spray ground or a food service establishment operated as
					 part of a temporary residence, for which a permit is required under the
					 provisions of this Subpart, shall not require the issuance of a separate
					 permit.
(i) The permit-issuing
					 official may establish procedures for the exchange of information with other
					 State or local governmental agencies having responsibility for making health or
					 safety inspections of buildings, including temporary residences as defined in
					 this Subpart, and may utilize the information provided by any such agency in
					 making a determination regarding the issuance, denial or revocation of a permit
					 required by this Subpart.