N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-1.3

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

Section 7-1.3 - Permits to operate a temporary residence required; application, issuance, revocation, posting, inspection, access

(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.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-1.3