Section 105 Permits and Other Approvals

Permits and other approvals shall be required as set forth in FC105.

It shall be unlawful to manufacture, store, handle, use, sell or transport a hazardous material or combustible material, or to conduct an operation or to maintain a facility for which a permit is required pursuant to the provisions of this code, without such permit. Permits required by this code shall be obtained from the commissioner. Permit and other applicable fees shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by any representative of the department.

There shall be three types of permits as follows:

When more than one permit is required for the same premises or other location or portion thereof, the commissioner may consolidate such permits into a single permit; provided that each type of hazardous material, operation or facility is listed in the permit, and provided further that the total fees payable for such single permit shall be determined by adding the fees for the permits consolidated into the single permit.

The department shall approve design and installation documents required by this code or the rules by marking such documents and/or by issuing a separate written approval.

The commissioner may require applicants for permits or other approvals to obtain and furnish proof of general liability insurance, in such amounts and in accordance with such requirements as may be set forth in this code or the rules, otherwise required by law, or required as a condition of the permit or other approval. The permit or other approval shall expire by operation of law if any such required insurance lapses, expires or is cancelled during the term of the permit or other approval.

Application for a permit required by this code shall be made to the commissioner in such form and detail as the commissioner may prescribe. Applications for permits shall be accompanied by design and installation documents and/or such other information or documentation as may be prescribed by this code, the rules or the department. Applications for permits relating to the storage, handling, use or transportation of high explosives shall be accompanied by proof of United States citizenship.

Before a permit or other approval is issued, the commissioner may inspect the building, structure, facility, premises, marine vessel, watercraft or vehicle to confirm the facts set forth in the application, determine compliance with the requirements of this code, the rules and other applicable laws, rules or regulations enforced by the commissioner, or to evaluate whether any restrictions should be imposed as a condition of the permit or other approval. The department may require the applicant to arrange any such inspection, and require the applicant to attend such inspection with his or her design professionals, contractor or other appropriate representatives. When a department inspection is required upon completion of an installation or other work or requested by the department, the applicant shall notify the department upon completion of such work and request such inspection, arrange for the presence of the appropriate representatives at such inspection, correct any deficiencies identified during such inspection, and keep the installation or other work accessible for department inspection until department approval is obtained.

An application for a permit or other approval shall be deemed to have been abandoned 180 calendar days after the date of filing, unless such application has been diligently prosecuted or a permit or other approval shall have been issued; except that the commissioner may grant one or more extensions of time for additional periods not exceeding 90 calendar days each if there is reasonable cause.

Completed permit applications for the manufacture, storage, handling, use, transportation or sale of flammable or combustible liquids, combustible materials or hazardous materials or an operation or facility that comply with the requirements of this code and other applicable laws, rules and regulations shall be approved by the commissioner no later than 40 calendar days after the submission thereof, except that on or before the fortieth day, the commissioner may, for good cause, extend such time for an additional 40 calendar days. Permit applications that do not comply with the requirements of this code and other applicable laws, rules and regulations shall be denied or preliminarily denied no later than 40 calendar days from the submission thereof and written notice of such denial or preliminary denial, stating the grounds therefor, shall be promptly given to the applicant. When a permit application has been denied or preliminarily denied and is thereafter revised and resubmitted to meet the stated grounds for denial, the revised completed application shall be approved or denied or preliminarily denied in accordance with the foregoing procedures and time periods.

A permit or other approval shall constitute permission to manufacture, store, handle, use, sell or transport hazardous materials or combustible materials, conduct an operation, or maintain a facility, as applicable, in accordance with this code and the rules where a permit is required by FC105.6. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this code, the rules or other applicable laws, rules or regulations.

Every permit or renewal thereof granted by the commissioner shall be for a period specified therein, not to exceed 2 years, or as set forth in FC105.6, and shall expire at the end of such period unless the commissioner approves its renewal. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.

Permits shall be posted in a conspicuous location on the premises designated therein at all times and shall be readily available for inspection by any representative of the department.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other law, rule or regulation. Permits purporting to authorize any such violation shall not be valid. The department's approval of design and installation documents or other submission, in connection with or independent of a permit application, shall not prevent the department from requiring the correction of errors in such documents or other submission. Any addition to, or alteration of, approved design and installation documents shall be approved in advance by the department.

Except as otherwise provided in this code, no person shall engage in a hazardous industry, trade, occupation, activity or operation requiring the manufacture, storage, handling, sale, use or transportation of hazardous materials or combustible materials without a permit, issued upon such conditions as the commissioner deems necessary in the interest of public safety.

The commissioner may require that the applicant for a permit or renewal thereof demonstrate, by submission of a certificate of occupancy or other authorization or approval issued by the Department of Buildings, that the building, structure or premises or portion thereof used for the manufacture, storage, handling or use of flammable or combustible liquids, combustible materials or hazardous materials, and all operations or facilities subject to this code, are designed, constructed and occupied in accordance with the certificate of occupancy, the construction codes and the Electrical Code.

No permit shall be issued when work requires the approval of the Commissioner of Buildings in connection with a material, operation or facility unless proof is submitted to the department that such work has been approved by the Commissioner of Buildings.