N.Y. Comp. Codes R. & Regs. tit. 10 § 17.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 17.4 - Permit to operate a mobile home park required; application, issuance, revocation, posting

(a) No person shall operate any mobile home park or cause or allow the same to be occupied without a permit to do so from the permit-issuing official.

(b) Application for a permit to operate a mobile home park shall be made to the permit-issuing official, on a form and in a manner prescribed by the State Commissioner of Health, by the person who will operate the mobile home park. Application for a permit to operate a mobile home park shall be made at least 30 days before the first day of proposed operation of such mobile home park. In the event of an intended change of the operator of a mobile home park, the new operator shall apply for a permit before the change is effected. The operator shall notify, in writing, the permit-issuing official of any change in the name of a mobile home park within 30 days after such change.

(c) The permit-issuing official shall issue a permit on a form prescribed by the State Commissioner of Health for the operation of a park if he finds that the park will not be a potential source of danger to the health and safety of the occupants of the park or the general public and if he finds that the park or the proposed operation thereof conforms or will conform to the requirements of this Part. The permit issued for the operation of a mobile home park shall expire upon a change of the owner or operator of the mobile home park or upon the revocation of the permit or upon the date specified on the permit by the permit-issuing official.

(d) A permit shall not be transferable or assignable.

(e) A permit may be revoked by the permit-issuing official or the State Commissioner of Health if he finds that the mobile home park for which the permit was issued is maintained, operated or occupied in violation of law, this Chapter, or the sanitary code of the health district in which the mobile home park is located. A permit shall also be revoked upon request of the permittee or upon abandonment of operation.

(f) A permit issued for the operation of a mobile home park shall be posted in a conspicuous place on the premises or be readily available upon request.

(g) Temporary permit. The permit-issuing official may issue a temporary permit to operate a park that does not or will not comply with the requirements of this Part subject to the following conditions:

(1) the applicant for a permit to operate shall file a statement of intention to comply with the requirements of this Part within 90 days;

(2) there will be no adverse effect on the health and safety of park occupants or any other person during this period;

(3) the temporary permit shall prescribe the terms, requirements or conditions upon which the park may be temporarily operated; and

(4) a temporary permit shall expire on the date designated by the permit-issuing official, but not later than 90 days after the date of issuance.

(h) A separate permit and fee may be required for a children's camp, bathing beach, swimming pool, temporary residence or a service food establishment operated as part of a mobile home park.

(i) The permit-issuing official may establish procedures for the exchange of information with other State or local government agencies having responsibility for making health or safety inspections of buildings, including mobile home parks as defined in this Part, and may utilize the information provided by any such agency in making a determination regarding the issuance of a permit required by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 17.4