By Tom Stiles

In 2007, several pastors contacted New Yorker’s Family Research Foundation (NYFRF) about a demand by their local building inspector that they apply and obtain an “Operating Permit” for their church. 

These pastors asked that NYFRF research the matter and make a recommendation.  This issue was covered at NYFRF’s Winter Pastors’ Briefings, and NYFRF has continued to work on it since.  

Research

Executive Law directs the Secretary of State to promulgate rules and regulations for the administration of the Uniform Fire and Prevention Code.  This is typical of most State Laws; some branch of government is authorized to make rules and regulations to carry out the purposes of the law. Every city, village, town and county is charged with the administration and enforcement of these regulations.

As of late 2006, the rules and regulations now have a provision for issuing “Operating Permits.”

The rule states, “Operating Permits shall be required for conducting the activities…buildings containing one or more areas of public assembly with an occupant load of 100 persons or more.”  Since most churches are this size or larger, they are included. This is separate from a church’s “Occupancy Permit” which is covered in another section of the regulations.

There is no indication that a separate “Operating Permit” would be required for a church with a Christian School, however.  A permit may be required, but not two for the same building.

The terminology is unfortunate, since it sounds like the State and local government officials are giving or not giving a church permission to “operate”.  This sounds like a “license”, which is very offensive to Bible-believing Christians. 

Fortunately, most local authorities have not read the memo concerning “Operating Permits,” so the problem is not wide-spread, but, your town could be next.  Of the over 250 pastors and church leaders that attended NYFRF’s Pastors’ Briefings, only a handful said they were facing this problem with their local government.  Since then, we have heard from several others.

Cities, villages, towns, and counties can use their own forms, even though there is a model form available from the Secretary of State, and set their own fees for this service,.  Pastors have told us that the fees range from $35 to $350 per year.  In one case, the town sought to charge $100 for the Operating Permit and another $65 for the fire inspection. 

Recommendation

Churches should obey the law, except where there is a direct conflict with the Word of God.  This does not seem to be the case; this is a “safety issue”.  For example, churches license vehicles, and no one claims that this is a separation of church and state issue.  The issue would change if the State began asking churches to obtain a license to operate.  In that case, Christians must obey God, rather than man (see Acts 4).

Churches already have a “Certificate of Occupancy Permit”, and they are already inspected for fire safety annually.  So the need for a new “Operating Permit” is questionable.  It seems to be more about money than safety. 

Rev. Motley recommends that churches not seek an “Operating Permit” until asked to do so by their local government.  Then do so only “under protest.” He also recommends watching your local government council’s activities.  Several pastors in the Central New York area were allowed to testify before their town board passed regulations regarding “Operating Permits”.   The town is now considering changing the term “Operating Permit” to a less offensive “Assembly Safety Review.”

If pressed to obtain two different operating permits for the same building, Rev. Duane Motley, a registered lobbyist with New Yorkers for Constitutional Freedoms (NYCF) recommends: “Refuse to do so, but go to court only if necessary.”  Motley stated, “It is ridiculous for the local building inspector to say that a building is safe for ‘church’ on Sunday, but unsafe for ‘school’ Monday through Friday.”

New York State has provided more information on this issue at http://www.dos.state.ny.us/code/part1203.htm.

Resolution

Senator Catharine Young (R – Olean)

Please keep this matter in prayer.  Churches should not be required to have an “Operating Permit.”   We have no problem with reasonable fire and safety inspections by local authorities. We do have a problem with a church having to get a permit simply to operate.