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HomeMy WebLinkAboutProposed Local Law D - 2014 - Operating PDF.pdfVILLAGE OF CAYUGA HEIGHTS Proposed Local Law D of the year 2014 A LOCAL LAW TO PROVIDE FOR THE ISSUANCE OF AN OPERATING PERMIT FOR USE OF AREAS OF PUBLIC ASSEMBLY 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 implement a permit process to address activities that have the potential to produce conditions hazardous to life or property. The intent of this Local Law is to require that any person who intends to undertake an activity or to operate any type of building covered by this Section must obtain an operating permit from the Village of Cayuga Heights Fire Department prior to commencing such activity or operation. Such permit shall not take the place of any other permit or license required by other applicable law or regulation. 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 Local Law, the following term shall have the meaning stated: A. Area of public assembly (Assembly Group “A” Occupancies) – An area of public assembly is any area defined under the New York State Uniform Fire Prevention and Building Code as "Assembly Group A Occupancies." These areas include buildings and portions of buildings used for gathering together fifty (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, and skating rinks. SECTION IV APPLICABILITY AND TERMS A. Before an operating permit is issued, the Chief of the Fire Department or the Chief's designee shall inspect the building to be used. In any case that laws or regulations enforceable by departments other than the Fire Department are applicable, joint approval shall be obtained from all departments involved. B. All applications for an operating permit required by this Local Law shall be made to the Chief of the Fire Department in such form and detail as the Chief shall prescribe. Applications for permits shall be accompanied by such plans and/or specifications describing the building as may be 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 suspend or revoke a permit prior to the expiration thereof if there is a reasonable basis to for that person to believe that the permit holder is in violation of the provisions of this Local Law regarding said permit or that the permit holder has violated the terms of the permit. D. Such permit shall not be transferable, and any change in the ownership, use or occupancy of the subject premises shall require a new permit. E. Except as provided in this Local Law, such permits shall be valid for a period of one year. SECTION V OPERATING PERMIT REQUIRED The owner or operator of any property located in the Village of Cayuga Heights that is to be used or operated in whole or in part as an area of public assembly, as defined in this Local Law, must obtain an operating permit from the Chief of the Village of Cayuga Heights Fire Department prior to such use or operation. SECTION VI PROCEDURE FOR GRANT OF OPERATING PERMIT A. The Chief of the Fire Department may promulgate reasonable rules and regulations for the granting of operating permits, including but not limited to requiring the submittal of plans and/or specifications for the subject building, and requiring the submittal of installation and/or testing records for fire protective equipment or systems in use in said area of public 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 the space, calculating maximum occupancy load(s) for the space and verifying that there exists a currently valid permit for the use of such space under other applicable laws or regulations, such as a certificate of occupancy issued in accordance 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, there exist in such space a circumstance that constitutes a threat or danger to the life or health of any occupant thereof. D. An operating permit for an area of public assembly shall be effective for a period of one year. An application for renewal must be made prior to the expiration of the current permit. SECTION VII SUSPENSION OR REVOCATION OF AN OPERATING PERMIT A. 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 exists a circumstance that such person determines constitutes an immediate threat or danger to the life or health of any occupant thereof. B. If an operating permit is suspended or revoked, the permit holder may apply to the Chief of the Fire Department for re-instatement of the permit within the one (1) year original term of such permit in accordance with the provisions of SECTION VIII(B) of this Local Law. SECTION VIII FEES AND REINSTATEMENT OF SUSPENDED OR REVOKED PERMIT A. Except as stated below, no fee shall be required to apply for an operating permit or to apply for the annual renewal of an operating permit that has not been suspended or revoked during the term of such 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 fee will be required for any reinstatement of an operating permit. C. Each event that results in the suspension or revocation of an operating permit will require the reinstatement process outlined above prior to further use of the area of public assembly. D. In any case that an area is used for public assembly without an operating permit validly issued in accordance with this Local Law, any subsequent application for an operating permit for such area will be deemed to be a reinstatement of a revoked operating permit, and subject to the fees required to be paid, in accordance with Section VIII(B) above.