Section 24-105
§ 24-105 General powers of the commissioner. Subject to the provisions
of this code, the commissioner may take such action as may be necessary
to control the emission of air contaminant which causes or may cause, by
itself or in combination with other air contaminant, detriment to the
safety, health, welfare or comfort of the public or to a part thereof,
injury to plant and animal life, or damage to property or business. The
commissioner may exercise or delegate any of the functions, powers and
duties vested in him or her or in the department by this code. The
commissioner may adopt such rules, regulations and procedures as may be
necessary to effectuate the purposes of this chapter.
Section 24-106
§ 24-106 Investigations and studies by commissioner. The commissioner
may make or cause to be made any investigation or study which in his or
her opinion is desirable for the purpose of enforcing this code or
controlling or reducing the amount or kind of air contaminant. For such
purposes, the commissioner may make tests, conduct hearings, compel the
attendance of witnesses, and take their testimony under oath and may
compel the production of books, papers and other things reasonably
necessary to the matter under consideration.
Section 24-107
§ 24-107 Testing by order of commissioner. (a) If the commissioner has
reasonable cause to believe that any equipment or fuel is in violation
of this code, the commissioner may order the owner of the equipment or
fuel to conduct such tests as are necessary in the opinion of the
commissioner to determine whether the equipment, its operation, or the
fuel is in violation of this code, or whether material used in any
manufacturing process is contributing to any violation of this code and
to submit the test results to the commissioner within ten days after the
tests are completed.
(b) Such tests shall be conducted in a manner approved by the
commissioner. The test shall be certified by a laboratory acceptable to
the commissioner. The entire test results shall be reviewed and
certified by a professional engineer.
(c) The owner shall notify the commissioner of the time and place of a
test at least seven days before the commencement of such test.
Reasonable facilities shall be made available for the commissioner to
witness the test.
(d) If in the opinion of the commissioner tests by the department are
necessary, the commissioner may order the owner to provide sampling
holes at such points in the stack, conduit, flue, duct or vent, as the
commissioner may reasonably request, to provide a power source suitable
to the points of testing, and to provide allied facilities, exclusive of
sampling and sensory devices. These provisions shall be made at the
expense of the owner of the equipment. The owner shall be furnished with
copies of the analytical results of the samples collected.
Section 24-108
§ 24-108 Inspection and samples. (a) The department may inspect at any
reasonable time and in a reasonable manner any equipment, apparatus,
fuel, matter or thing which affects or may affect the emission of air
contaminant including but not limited to the premises where the
equipment, apparatus, or fuel is used, or where the fuel is stored,
purchased, sold, or offered for sale for use in New York city.
(b) The department may inspect at any reasonable time and in a
reasonable manner any record relating to a use of equipment or apparatus
which affects or may affect the emission of air contaminant, or relating
to the use of fuel, or the distribution, storage or transportation of
fuel for use in New York city.
(c) The department may, at any reasonable time and in a reasonable
manner, obtain a sample of air contaminant, fuel, process material, or
other material which affects or may affect the emission of air
contaminant.
(d) If an authorized employee of the department obtains a sample of
air contaminant, fuel, process material or other material which affects
or may affect the emission of air contaminant during the course of an
inspection, he or she shall give to the owner of the equipment or fuel,
prior to leaving the premises, a receipt for the sample obtained.
(e) No person shall refuse entry or access into the public areas of a
multiple dwelling or a place of business to an authorized employee of
the department who presents appropriate credentials nor shall any person
refuse entry or access into any other portion of a premises to an
authorized employee of the department who presents appropriate
credentials and a search warrant.
(f) The owner of every building, other than a one- or two-family home,
shall make the area where the heating system or refuse burning
equipment, or both, is located readily accessible to members of the
department pursuant to the requirements of section 27-2033.
Section 24-109
§ 24-109 Registrations generally. (a) In addition to the registrations
required by subdivision (b) of this section the commissioner may order
the written registration of emission sources other than those located in
one or two family dwellings and motor vehicles. A period of sixty days
from publication in the City Record of the commissioner's order shall be
allowed for the filing of such registration. In cases of an emergency,
the commissioner may designate a shorter period of time.
(b) No person shall cause or permit the following unless he or she has
first registered with the department:
(1) the spraying of any insulating material in or upon any building or
other structure during its construction, alteration or repair;
(2) the demolition of any building or other structure, unless the
building or structure is being demolished pursuant to chapter one of
title seventeen or article eight of subchapter two of chapter one of
title twenty-six of the code.
(3) The installation, alteration, use or operation of any fuel burning
equipment which in the aggregate, feeding into a common emission point,
has a Btu input or gross output equal to or greater than three hundred
fifty thousand Btu per hour but less than one million Btu per hour.
(4) The installation, alteration, use or operation of any fuel burning
equipment which in the aggregate, feeding into a common emission point,
has a Btu input or gross output equal to or greater than three hundred
fifty thousand Btu per hour but less than 2.8 million Btu per hour and
which uses a fuel gas, gasoline, or fuel oil grades Nos. 1 or 2 as
classified by the American society for testing and materials.
(c) Registration shall be made on forms furnished by the department.
(1) Forms for registration pursuant to subdivision (a) of this section
may require information concerning the unit of equipment covered by the
registration, the kind and amount of air contaminant emitted by the
equipment, medical and other scientific information concerning the
effects of the air contaminant on persons, animals, and plants, and any
additional information required by the commissioner for the purpose of
enforcing this code.
(2) Forms for registration pursuant to paragraph one of subdivision
(b) of this section shall require information concerning the kind and
amount of insulating material that will be sprayed, the composition of
the insulating material, medical and other scientific information
concerning the effects of the insulating material on persons, animals,
and property, the precautions that will be taken to prevent the
insulating material from being emitted into the open air, and any
additional information required by the commissioner for the purpose of
enforcing this code. Registration for spraying of insulating material
shall be filed at least five days prior to commencement of such spraying
work.
(3) Forms for registration pursuant to paragraph two of subdivision
(b) of this section shall require information concerning the kind and
amount of particulate matter that it is reasonably anticipated may be
released as a result of the demolition, the precautions that will be
taken to prevent particulate matter from becoming air-borne, and any
additional information required by the commissioner for the purpose of
enforcing this code.
(4) The registrant shall maintain the registration in current status
by notifying the commissioner of any change in any item of information
furnished in compliance with this section, other than a change in
ownership, within a reasonable time not to exceed fifteen days.
(d) Registration shall be made by the following persons:
(1) If the registrant is a partnership or group other than a
corporation, the registration shall be made by an individual who is a
member of the group.
(2) If the registrant is a corporation, the registration shall be made
by an officer of the corporation.
(3) In the case of registration pursuant to subdivision (a) of this
section by the owner of the equipment.
(4) In the case of registration pursuant to paragraph one of
subdivision (b) of this section, by the person responsible for the
construction, alteration or repair of the building or other structure in
or upon which spraying will occur.
(5) In the case of registration pursuant to paragraph two of
subdivision (b) of this section, by the person responsible for the
demolition of the building or structure.
(e) Registration shall be made in duplicate. Upon approval thereof, a
stamped copy of the registration shall be returned to the registrant,
and shall be displayed in accordance with section 24-113 of this
subchapter.
* (f) Registration of equipment or apparatus shall be valid for a
period of up to three years from the date of approval of the initial
registration or renewal, unless sooner revoked or cancelled by the
commissioner. Where a registration is renewed after its expiration, the
registration fee charged in accordance with the provisions of this part
shall be increased on a monthly pro-rated basis for the period of time
between such expiration and renewal, unless it is shown to the
satisfaction of the commissioner that registration was not required
under the provisions of this chapter.
* NB Amended L.L. 49/85 § 2, language juxtaposed per Ch. 907/85 § 14
Section 24-110
§ 24-110 Variances. (a) The commissioner may grant individual
variances, except to governmental agencies, beyond the limitations
prescribed by this code, whenever it is found, upon presentation of
adequate proof, that compliance with any provision of this code, or with
any regulation or order of the commissioner in respect to this code
would impose unreasonable hardship. In granting a variance the
commissioner may impose such conditions as the policies of this code may
require and shall publish in the City Record no later than seven days
after the granting of such variance a written opinion, stating the facts
and reasons leading to his or her decision.
(b) Any variance granted pursuant to this section shall be granted for
such period of time, not to exceed six months, as shall be specified by
the commissioner at the time of the grant of such variance and upon the
condition that the person who receives such variance shall make such
periodic progress reports as the commissioner shall specify. Such
variance may be extended for periods not to exceed six months by
affirmative action of the commissioner, but only if satisfactory
progress has been shown.
(c) Any person seeking a variance shall do so by filing a petition for
variance in a form acceptable to the commissioner. The commissioner
shall promptly give written notice of such petition to any person in the
city who has in writing requested notice of variance petitions, and
shall publish notice of such petition in the City Record. If the
commissioner, in his or her discretion, concludes that a hearing would
be advisable, or if any person files a written objection to the grant of
such variance within twenty-one days from the publication of notice in
the City Record, then a public hearing shall be held.
(d) The commissioner may grant individual or group variances beyond
the sulfur content restriction prescribed by section 24-169 of this
code, whenever it is found, upon presentation of adequate proof, that
the supply of fuel oil is insufficient to meet the demands of residents
of the city of New York for heat, hot water, and electrical power. Where
an applicant can show that it has an insufficient reserve of fuel oil
meeting the sulfur content requirements of this code and that it is
unable to buy a sufficient amount of such fuel oil to meet its fuel oil
demands during the pendency of its variance application, the
commissioner may grant a variance for up to forty-five days without
complying with the procedural requirement of this section, except for
the publication requirement of subdivision (a). During the time in which
a temporary variance is running, the commissioner shall review, as soon
as practicable, the application for a variance treating it as any other
variance application.
(e) With respect to a variance for the spraying of any substance
containing asbestos in or upon a building or other structure during its
construction, alteration or repair the commissioner shall in determining
undue hardship take cognizance that such construction, alteration or
repair was commenced or a permit has been granted for same by the
department of buildings prior to August twentieth, nineteen hundred
seventy-one or six months thereafter and that a non-asbestos spray
material has not been approved for fireproof purposes by the department
of buildings.
Section 24-111
§ 24-111 Interfering with or obstructing departmental personnel. No
person shall interfere with or obstruct the commissioner or any
department employee in carrying out any duty for the commissioner or the
board.
Section 24-112
§ 24-112 False and misleading statements; unlawful reproduction or
alteration of documents. (a) No person shall knowingly make a false or
misleading statement or submit a false or misleading document to the
department as to any matter within the jurisdiction of the department.
(b) No person shall make, reproduce or alter or cause to be made,
reproduced or altered a permit, certificate or other document issued by
the commissioner or required by this code if the purpose of such
reproduction or alteration is to evade or violate any provision of this
code or any other law.
Section 24-113
§ 24-113 Display of permits, certificates and other notices; removal
or mutilation prohibited. (a) Any permit, certificate or registration
required by this code shall be displayed in the vicinity of the
equipment on the premises designated on the permit or certificate, or in
the vicinity of the equipment which will be operated or supervised, or
in the case of registration pursuant to subdivision (b) of section
24-109 of this code, in the vicinity of the premises designated on the
registration.
(b) A notice containing the provisions of subchapters six, seven and
eight of this chapter, or a summary of them, shall be displayed in the
vicinity of the equipment of any vessel while it is in waters within the
jurisdiction of the city of New York. The notice shall be in the
language of the country of registry, and in the language commonly spoken
by the crew of the vessel.
(c) A notice printed in not less than twelve point type shall be
displayed in the vicinity of fuel burning equipment using residual oil
containing information as may be prescribed by the commissioner.
Section 24-114
§ 24-114 Enforcement of this code by other than compulsory means.
Nothing in this code shall prevent the commissioner from making efforts
to obtain voluntary compliance by way of warning, notice or educational
means. However, such non-compulsory methods need not be used before
proceeding by way of compulsory enforcement.
Section 24-115
§ 24-115 Service of papers. (a) Service of any written notice, order
or decision required by this code shall be made on the owner as follows:
(1) Either by mailing the notice, order or decision directed to the
owner of the equipment at the address listed in his or her application,
permit or operating certificate or at the address where the equipment is
located; or
(2) By leaving the notice, order or decision with the owner of the
equipment, or if the owner is not an individual, with a member of the
partnership or group concerned or with an officer or managing agent of
the corporation.
(b) Service of any written notice, order or decision required by this
code shall be made on a person:
(1) Either by mailing the notice, order or decision directed to the
person at his or her principal place of business; or
(2) By leaving the notice, order or decision with the person, or if
the person is not an individual, with a member of the partnership or
group concerned, or with an officer or managing agent of the
corporation.
(c) Service of any written notice required by this code shall be made
on the department, commissioner or the board as follows:
(1) Either by mailing the notice to the commissioner; or
(2) By leaving the notice at the department with an employee of the
department designated for this purpose.
Section 24-116
§ 24-116 Inconsistent provisions. Insofar as the provisions of this
code are inconsistent with the provisions of any other title of the
code, or any rule or regulation of any governmental agency of the city
of New York, the provisions of this code shall be controlling.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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