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HomeMy WebLinkAboutDraft-2014-Operating Permit.pdfEXHIBIT 2014-039 VILLAGE OF CAYUGA HEIGHTS Proposed Local Law D of the year 2014 A LOCAL LAW TO PROVIDE FOR THE ISSUENCE OF AN OPERATING PERMIT DURING CERTAIN PUBLIC ASSEMBLIES Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows; SECTION I PURPOSE AND INTENT The purpose of this Local Law is to constitute permission to conduct processes and activities which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Any person who proposes to undertake any new activity or to operate any type of new building listed in this section shall be required to obtain an operating permit prior to commencing such activity or operation. Such permit shall not take the place of any license otherwise required by law. It is not transferable, and any change in the use or occupancy of premises shall require a new permit. The Fire Chief shall, in his/her discretion, determine the appropriate duration of an issued permit. Unless otherwise specified in this chapter, no permit shall be valid for a period of more than one year. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution on not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. SECTION III DEFINITIONS As used in this section, the following terms shall have the meanings indicated: A. Areas of public assembly (Assembly Group “A” Occupancies) - Areas of public assembly are those areas set forth as such and defined in the Uniform Code as "Assembly Group A Occupancies." These assembly areas include buildings and portions of buildings used for gathering together 50 or more persons for purposes of amusement, athletics, civic purposes, dining, education, entertainment, or patriotic, political, recreational, religious, or other social purposes. Examples of such buildings include but are not limited to: nightclubs, restaurants, art galleries, bowling alleys, churches, community halls, fraternities, sororities, funeral parlors, lecture halls, libraries, museums, passenger stations, and skating rinks. SECTION IV APPLICABILITY A. Before an operating permit is issued, the Chief of the Fire Department or the Chief's designee shall inspect the buildings or storage places to be used. In cases where laws or regulations enforceable by other departments other than the Fire Department are applicable, joint approval shall be obtained from all departments concerned. B. All applications for an operating permit required by this Local Law shall be made to the Chief of the Fire Department Office in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as are required by the Chief of the Fire Department. C. Operating permits shall at all times be kept on the premises designated therein, in clear view, and shall at all times be subject to inspection by any Village of Cayuga Heights Fire Department Chief Officer or a member of the Village of Cayuga Heights Police Department. The Chief of the Fire Department and the Chief of Police, or their designee, shall have the authority to revoke a duly issued permit prior to the expiration thereof if there is a reasonable basis to believe that the permit holder is in violation of the provisions of this chapter regarding said permit, or that the permit holder has violated the terms of the permit. SECTION V OPERATING PERMIT REQUIRED An operating permit shall be obtained from the Chief of the Fire Department for the operation of an area of public assembly, as defined within, prior to such operation. SECTION VI PROCEDURE FOR REGISTRATION A. The Chief of the Fire Department may promulgate reasonable rules and regulations for the granting of permits, including but not limited to requiring the submittal of plans and/or specifications for such space, and requiring the submittal of installation and/or testing records for fire protective equipment or systems in use in said area of assembly. B. Upon receipt of such application, the Chief of the Fire Department or their designee shall verify the space has a current and valid fire inspection or cause the area to be inspected. Such inspection shall include measuring and calculating maximum occupancy load(s) for the space and determining whether or not the space is in compliance with the Uniform Fire Prevention and Building Code of New York State. C. No permit for an area of public assembly shall be granted if, in the opinion of the Chief of the Fire Department, such space is not in compliance with the Uniform Fire Prevention and Building Code. D. An operating permit for an area of public assembly shall be effective for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. E. An operating permit for an area of public assembly may be suspended or revoked if, in the opinion of the Chief of the Fire Department, Chief of Police, or their designee(s), there is a violation of the Fire Code or Property Maintenance Code of New York State resulting in immediate danger to the life or health of occupants thereof. F. If an operating permit is suspended or revoked, it can be re-applied for within the one (1) year initial period according to SECTION VII, B of this local law. SECTION VII FEES AND REINSTATEMENT OF PERMITS A. No fee shall be required to initially apply for an Operating Permit. B. Any suspended or revoked operating permit can be reinstated with the following procedure; a. A meeting between the applicant(s), the Chief of the Fire Department, and the Chief of the Police Department must take place to discuss the reasons for the suspension or revocation. b. A $100.00 reinstatement fee will be required for any reinstatement request. C. Each event that results in the suspension of revocation of an Operating Permit during its one (1) year validation period will require the reinstatement process outlined above. D. Any Public Assembly as defined in this Local Law that does not obtain an Operating Permit prior to an event will be considered as a reinstatement and not an initial application.