Section 24-120
§ 24-120 Installation and alteration; permit required. No person shall
cause or permit the installation or alteration of equipment or
apparatus, except as provided in section 24-121 of this code, without
first obtaining a permit from the commissioner, and such other licenses
or permits as may be required by other governmental agencies and
departments.
Section 24-121
§ 24-121 Permits, exemptions. (a) A permit shall not be required for
the installation or alteration of the following equipment or apparatus:
(1) Air conditioning, ventilating, or exhaust systems not designed to
remove air contaminant generated by or released from equipment.
(2) Air contaminant detector or air contaminant recorder.
(3) Dilution ventilating systems for control of welding fumes and
gases.
(4) Exhaust systems for controlling steam and heat.
(5) Fuel burning equipment, other than smoke house generators, which
in the aggregate has a Btu input or gross output of not more than one
million Btu per hour.
(6) Fuel burning equipment which in the aggregate has a Btu input or a
gross output of less than 2.8 million Btu per hour and uses a fuel gas,
gasoline or fuel oil grade No. 1 or 2 as classified by the American
society for testing and materials.
(7) Fumigation vaults having an environmental rating of D in
accordance with section 24-153 of this code.
(8) Installations for the preparation of food for on-site consumption
or retail purchase, unless required pursuant to regulations issued by
the commissioner.
(9) Internal combustion engines used to power motor vehicles or other
stationary engines which have a Btu input of not more than three hundred
fifty thousand Btu per hour.
(10) Laboratory equipment used exclusively for chemical or physical
analyses of non-radioactive material.
(11) Refrigeration equipment used for cold storage.
(12) Sewing equipment.
(13) Vents used exclusively by tanks used in the storage of:
(i) Residual and distillate fuel oil; or
(ii) (A) sanitary or storm drainage systems; or
(B) steam or air safety valves; or
(iii) Liquid soap, liquid detergent, tallow or vegetable oil, waxes,
or emulsions.
(14) Type metal crucible or melting pots used in connection with
printing presses and having an environmental rating of D in accordance
with section 24-153 of this code.
(15) Vacuum cleaning systems used exclusively for industrial,
commercial or residential housekeeping.
(16) Vents used exclusively for:
(i) Sanitary or storm drainage systems; or
(ii) Steam or air safety valves; or
(iii) Storage tanks.
(17) Ventilating or exhaust systems for paint storage rooms or
cabinets.
(18) Water cooling towers and water cooling ponds not used for
evaporative cooling of process water, or not used for evaporative
cooling of condensed water for jet or barometric condensers.
(b) A permit shall not be required for the installation or alteration
of equipment or apparatus in one and two-family dwellings.
(c) Although a permit is not required for the installation or
alteration of the equipment or apparatus listed in subdivisions (a) and
(b) of this section, such equipment and apparatus shall otherwise comply
with this code.
(d) A permit shall not be required to begin an alteration of equipment
or apparatus if delaying the alteration may endanger life or the
supplying of essential services. The department shall be notified in
writing of the alteration within twenty-four hours or on the first
working day, after the alteration is commenced, and an application for a
permit shall be filed within fourteen days after the day the alteration
is commenced.
(e) Nothing in this section shall in any way alter, affect, or change
any other requirement or law of any other governmental agency or
department.
Section 24-122
§ 24-122 Operating certificates and renewal of operating certificates;
when required. (a) No person shall cause or permit the use or operation
of equipment or apparatus for which an installation or alteration permit
is required, except for the purpose of testing the equipment or
apparatus or for the purpose of testing an experimental installation or
alteration for a reasonable period of time, not exceeding thirty days,
without first obtaining an operating certificate from the commissioner.
The provisions of this subdivision concerning an experimental
installation or alteration shall not apply to an installation or
alteration for the purpose of obtaining a sulfur exemption certificate.
(b) Except as provided in subdivision (c) of this section, or in
paragraphs three and four of subdivision (b) of section 24-109, no
person shall cause or permit the use or operation of the following
equipment, or cause or permit the keeping of any such equipment so as to
be capable of being used or operated, without first obtaining an
operating certificate from the commissioner.
(1) Fuel burning equipment using liquid, gaseous or solid fuel;
* (2) Equipment used in a process;
* NB Amended L.L. 49/85 § 3, language juxtaposed per Ch. 907/85 § 14
(3) Portable equipment powered by an internal combustion engine other
than a motor vehicle;
(4) Refuse burning equipment, including equipment operated by the
department;
(5) Any equipment which was required by law to have an operating
certificate prior to January ninth, nineteen hundred eighty-three.
(c) An operating certificate is not required for fuel burning
equipment or refuse burning equipment which is in a building to be
demolished to permit the erection of a new building if: (1) The new
building application has been approved by the department of buildings;
and
(2) Certificates of eviction have been issued by the department of
housing preservation and development where required; and
(3) Final order for eviction has been issued.
* (d) (1) An operating certificate for equipment, except refuse
burning equipment, shall be valid for a period of up to three years from
the date of issuance, unless sooner revoked or cancelled by the
commissioner.
(2) An operating certificate for refuse burning equipment shall be
valid for a period of up to eighteen months from the date of issuance,
unless sooner revoked or cancelled by the commissioner.
(3) Where an operating certificate described in paragraph one or
paragraph two of this subdivision is renewed after its expiration, the
fee for such certificate charged in accordance with the provisions of
this chapter 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 such certificate was not
required under the provisions of this title.
* NB Added Ch. L.L. 49/85 § 4, language juxtaposed per Ch. 907/85 § 14
(e) An operating certificate is not required for equipment or
apparatus the installation or operation of which would not require a
permit pursuant to section 24-121.
(f) If equipment or apparatus for which an operating certificate has
been issued is dismantled or rendered inoperable, the owner of such
equipment or apparatus shall notify the department within twenty days on
forms furnished by the department. If the commissioner finds to his or
her satisfaction that such equipment or apparatus has been dismantled or
rendered inoperable, renewal of the operating certificate shall not be
required for as long as the equipment or apparatus remains dismantled or
inoperable.
Section 24-123
§ 24-123 General requirements for applications for permits,
certificates, and renewal of certificates. (a) Application for an
installation or alteration permit, for a certificate or for the renewal
of a certificate shall be made by the owner of the equipment or
apparatus on forms furnished by the department. If the applicant is a
partnership or group other than a corporation, the application shall be
made by one individual who is a member of the group. If the applicant is
a corporation, the application shall be made by an officer of the
corporation.
(b) Applications for permits, and operating certificates required by
subdivision (b) of section 24-122 of this code, shall be filed at the
department of buildings except that such applications shall be filed
with the department of ports and trade with respect to buildings under
the jurisdiction of such department.
(c) A separate application is required for each unit of equipment or
apparatus, unless identical units of equipment or apparatus are to be
installed, altered or operated in an identical manner in the same
building.
(d) Each application shall be signed by the applicant and
professionally certified as to the accuracy of the technical information
concerning the equipment or apparatus contained in the application,
plans and other papers submitted. In the case of an application for the
operating certificate required by this code, the certifying engineer or
architect shall also certify that he or she inspected the equipment and
that the equipment satisfies the provisions of this code. For the
renewal of a certificate, the applicant's professional engineer or
architect shall certify that the equipment satisfies the provisions of
this code. The signature of the applicant shall constitute an agreement
that the applicant will assume responsibility for the installation,
alteration or use of the equipment or apparatus concerned in accordance
with the requirements of this code.
(e) Application for the renewal of an operating certificate shall be
filed no later than ninety days prior to the expiration of the
certificate.
(f) Application for an installation or alteration permit or for an
operating certificate is automatically cancelled if a certificate of
workers' compensation and a certificate of disability insurance is not
filed with the department within sixty days after service on the
applicant of a notice of failure to file such certificate, exclusive of
the day of service.
Section 24-124
§ 24-124 Information required for applications for permits, sulfur
exemption certificates. (a) Each application for a permit or
installation or alteration of experimental equipment or apparatus shall
be in a manner prescribed by the commissioner.
(b) An application for the installation or alteration of control
apparatus to obtain a sulfur exemption certificate shall describe in
deatil the following:
(1) The kind and amount of fuel for which the sulfur exemption
certificate is sought; and
(2) The location of the fuel burning equipment; and
(3) The manner of operation of the fuel burning equipment; and
(4) Any additional information, evidence or documentation which may be
required by the commissioner.
(c) Information concerning secret processes which may be required,
ascertained or discovered by the department shall not be disclosed by
any department employee, except that the information may be disclosed by
the commissioner if the department is subpoenaed for the information or
if in the course of a departmental court proceeding or department or
board hearing, the information is relevant to the proceeding or hearing.
Section 24-125
§ 24-125 Standards for granting permits. (a) Except as provided in
section 24-126 of this code, no permit shall be granted unless the
applicant demonstrates and/or certifies to the satisfaction of the
commissioner that:
(1) The equipment is designed and will be installed or altered to
operate in accordance with the provisions of this code;
(2) The equipment incorporates advances in the state of the art of air
pollution control developed for the kind and amount of air contaminant
emitted by the applicant's equipment;
(3) The equipment is designed and will be installed or altered
consistent with any regulations for such equipment issued by the
commissioner;
(4) Equipment which will have a stack or duct three feet or more in
diameter will be provided with:
(i) Sampling ports of a size, number and location as the department
may require, and
(ii) Safe access to each port, and
(iii) Such other sampling and testing facilities as the commissioner
may require;
(5) Refuse burning equipment operated by the department contains
control apparatus which meets the performance standards prescribed by
the commissioner;
(6) When required by the commissioner fuel burning equipment which
will use residual fuel oil will be installed with an air contaminant
detector together with either a combustion shutoff or, when acceptable
to the commissioner, an air contaminant recorder, except that no
combustion shutoff shall be required on fuel burning equipment used to
generate steam for off-premises sale or electricity;
(7) All parts of the equipment can be readily cleaned and repaired;
and
(8) Operation of the equipment will not prevent the attainment or
maintenance of applicable emission criteria.
(b) In order to reduce the emission of air contaminants and to insure
optimum combustion in fuel burning equipment and refuse burning
equipment, such equipment shall be shown to the satisfaction of the
commissioner to:
(1) Be of a proper size to handle the planned load, be located in a
proper place, incorporate appropriate apparatus and have proper
operating, regulating and control devices; and
(2) Be operated at appropriate times and by appropriate persons; and
(3) Burn fuel or refuse determined by the commissioner to be
appropriate for the specific size and type of equipment.
(c) The commissioner may require that any equipment or apparatus with
respect to which a permit is required, or any class or category of such
equipment or apparatus, be included on a list of accepted equipment or
apparatus maintained by the department. No acceptance for listing of
equipment or apparatus shall be granted unless the applicant
demonstrates and/or certified to the satisfaction of the commissioner
that such equipment or apparatus complies with all applicable provisions
of this code (including the requirements of subdivisions a and b of this
section) and of the rules concerning engineering criteria for fuel
burning equipment and such other applicable rules as the commissioner
may promulgate pursuant to this code. An application for acceptance
shall be accompanied by the required fee.
Section 24-126
§ 24-126 Conditional approval of permits. The commissioner may grant a
permit for an experimental installation or alteration on conditional
approval if it appears likely from all of the information submitted that
the installation or alteration when completed may satisfy the standards
of section 24-125 of this code. The permit shall be for a reasonable
time, not to exceed three years. This section shall not apply to a
permit for the purpose of obtaining a sulfur exemption certificate.
Section 24-127
§ 24-127 Cancellation of installation and alteration permits. (a) The
commissioner may cancel a permit for the installation of equipment or
apparatus in new buildings if the installation is not completed within
one year from the date of issuance of the permit or if work on the
installation under permit is suspended for more than ninety days.
(b) When not a new building, the commissioner may cancel a permit for
the installation or alteration of equipment or apparatus if the
installation or alteration is not begun within ninety days from the date
of issuance of the permit or if the work of the installation or
alteration is suspended for more than thirty days or if the installation
or alteration is not completed within six months.
(c) With the consent of the commissioner, and in his or her
discretion, an applicant may secure an extension of the expiration date
on written request to the commissioner stating the reasons therefor.
Extensions may be granted for a period of not more than six months.
Section 24-128
§ 24-128 Standards for granting or renewing operating certificates.
(a) No operating certificate shall be granted for the use or operation
of equipment or apparatus for which an installation or alteration permit
is required unless the applicant shows to the satisfaction of the
commissioner that the equipment or apparatus satisfies the standards of
section 24-125 of this code and is installed or altered in accordance
with the requirements and conditions contained in the permit, or if
installed or altered in a manner which deviates from the permit, that
the deviation from the permit does not adversely affect the emission of
air contaminant.
(b) No operating certificate shall be granted for the use or operation
of existing equipment for which a certificate is required by subdivision
(b) of section 24-122 of this code unless the applicant files an
application and plans as required by section 24-124 of this code for
installation and alteration permits, and shows to the satisfaction of
the commissioner that:
(1) The equipment satisfied the standards required by section 24-125
of this code for the granting of a permit for similar new or altered
equipment, with the exception of the requirements relating to stacks and
ducts in paragraph four of subdivision (a) of section 24-125 of this
code; and
(2) Refuse burning equipment includes the installation and use of:
(i) An auxiliary gas burner regulated by automatic firing clocks; and
(ii) An overfire air fan and nozzle system; and
(iii) Control apparatus such as a scrubber and/or additional control
apparatus or such equivalent as may be determined by the commissioner.
(iv) Subparagraphs (i) and (ii) shall not apply to refuse burning
equipment operated by the department of sanitation.
(3) Fuel burning equipment using residual fuel oil includes the
installation and use of:
(i) A combustion controller; and
(ii) An automatic oil temperature maintenance device; and
(iii) An automatic water temperature device or its equivalent; and
(iv) Such additional control apparatus as may be determined by the
commissioner.
(4) Fuel burning equipment using solid fuel includes the installation
and use of:
(i) A combustion controller; and
(ii) An automatic water temperature maintenance device or its
equivalent; and
(iii) Such additional control apparatus as may be determined by the
commissioner.
(c) No operating certificate shall be renewed for the use or operation
of equipment or apparatus unless the applicant shows to the satisfaction
of the commissioner that the equipment or apparatus covered by such
certificate continues to satisfy the standards established in the code
or by rules or regulations thereunder in effect on the date of the
issuance of the original operating certificate.
(d) An application for an operating certificate or any renewal or
reinstatement thereof may be denied by the commissioner if any board
penalty against the owner of equipment or apparatus which is the subject
of the application has not been complied with or satisfied.
(e) If an owner fails to make application to renew an operating
certificate within one hundred eighty days from the date of mailing of
notice by the commissioner that such application is required, such owner
shall be required to file a new application for a permit pursuant to
section 24-125.
Section 24-129
§ 24-129 Testing before granting or renewing of operating certificates
and sulfur exemption certificates. (a) Before an operating certificate,
or a sulfur exemption certificate as provided by subdivision (a) of
section 24-171 of this code is granted or renewed, the commissioner may
require the applicant to conduct such tests as are necessary in the
opinion of the commissioner to determine the kind or amount of air
contaminant emitted from the equipment, or to determine whether the
equipment or apparatus, its operation, or the fuel or material used is
contributing to, or is in, violation of this code. The test shall be
made at the expense of the applicant.
(b) Such tests shall be conducted, reviewed and certified as provided
by subdivision (b) of section 24-107 of this code. The applicant shall
notify the department of the time and place of a test as provided by
subdivision (c) of section 24-107 of this code. Reasonable facilities
shall be made available for the department to witness the test.
(c) If in the opinion of the commissioner tests by the department are
necessary, the facilities for such tests, exclusive of sampling and
sensory devices, shall be furnished by and at the expense of the owner
or lessee or his or her agent as provided by subdivision (d) of section
24-107 of this code.
Section 24-130
§ 24-130 Action on applications for permits and certificates. (a) The
commissioner shall act within a reasonable time not to exceed sixty days
on an application for a permit or certificate, or for a renewal of a
certificate, and shall notify the applicant in writing of his or her
approval or disapproval of the application.
(b) If an application is disapproved, the commissioner shall set forth
his or her objections in the notice of disapproval or notice of
violation.
(c) Within sixty days after service on the applicant of the notice of
disapproval or notice of violation exclusive of the day of service, the
applicant may request the commissioner to reconsider the application by
answering in writing the commissioner's objection to the application.
(d) The commissioner shall consider the applicant's answer to his or
her objections, and shall notify the applicant in writing within a
reasonable time, not to exceed sixty days, of his or her approval or
denial of the application. Failure to answer or request an extension of
time within sixty days after service of the notice of disapproval or a
notice of violation shall be deemed a denial of the application.
(e) The commissioner may grant a temporary operating certificate for a
period not to exceed sixty days upon receipt of an application for the
granting or renewal of an operating certificate and may, at his or her
discretion, renew a temporary operating certificate for an additional
period not to exceed sixty days.
Section 24-131
§ 24-131 Conditions of permits and certificates to be observed. The
holder of a permit or certificate shall comply with the conditions and
terms contained therein as well as all applicable provisions of this
code.
Section 24-132
§ 24-132 Suspension or revocation of permits and certificates. (a) The
commissioner shall suspend or revoke a permit or certificate when
ordered to do so by the board pursuant to subchapter nine of this code.
(b) Suspension or revocation of a permit or certificate shall become
final five days after service of notice, exclusive of the day of
service, on the holder of the permit or certificate.
Section 24-133
§ 24-133 Denial of permits and certificates; departmental hearing,
stay of action. (a) When the commissioner has made a final decision
denying an application for a permit or certificate, the applicant for
the permit or certificate may request a hearing by the commissioner to
reconsider his or her action. The request for a hearing shall be served
within fifteen days following service of notice of denial, exclusive of
the day of service, upon an employee of the department designated for
this purpose.
(b) The request for a hearing shall be in a manner prescribed by the
commissioner.
(c) The person making the request shall submit a memorandum containing
his or her objections to the action of the commissioner within five days
following service of the request for a hearing, exclusive of the day of
service.
(d) The commissioner or the designated hearing officer conducting such
hearings shall:
(i) follow the procedures found in section 24-184 of this code; and,
(ii) commence the hearing within thirty days after receiving the
applicant's memorandum.
(e) At the conclusion of the hearing, the commissioner or hearing
officer shall issue a decision in compliance with section 24-186 of this
code.
Section 24-134
§ 24-134 Surrender of permits and certificates. A permit or
certificate which has been cancelled or revoked pursuant to this code
shall be surrendered forthwith to the commissioner.
Section 24-135
§ 24-135 Transfer of permits and certificates. (a) Any purported or
attempted transfer of a permit automatically revokes the permit.
(b) Any purported or attempted transfer of a certificate automatically
revokes the certificate, except that upon conveyance of the premises in
which the equipment is located a certificate may be transferred to a
person other than the person named in the certificate.
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