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NEW YORK CITY ADMINISTRATIVE CODE
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Chapter 1: Air Pollution Control
Subchapter 1: Short Title, Policy, and Definitions
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Subchapter 4: Work Permits and Certificates of Operation
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Subchapter 6: Emission Standards
Subchapter 7: Equipment and Apparatus: Use and Maintenance
§ 24-155 Maintenance of equipment and apparatus.
§ 24-156 Use of fuel burning equipment without using apparatus prohibited.
§ 24-157 Use of fuel burning equipment using bituminous coal without control apparatus prohibited. [Repealed]
§ 24-158 Use of department of sanitation refuse burning equipment without control apparatus prohibited. [Repealed]
§ 24-159 Use of less than fully automatic equipment using fuel oil and use of any fuel burning equipment using residual fuel oil; supervision by licensed person.
§ 24-160 Use of air contaminant recorder; boilers.
§ 24-161 Use of fuel burning equipment using residual fuel oil; operation and supervision by trained person.
§ 24-162 Operation of refuse burning equipment, other than municipal; time restriction. [Repealed]
§ 24-163 Operation of motor vehicle; idling of engine restricted.
§ 24-163.1 Purchase of cleaner vehicles.
§ 24-163.2 Alternative fuel buses and sanitation vehicles.
§ 24-163.3 Use of ultra low sulfur diesel fuel and best available technology in nonroad vehicles.
§ 24-163.4 Use of ultra low sulfur diesel fuel and best available retrofit technology by the city's diesel fuel-powered motor vehicles.
§ 24-163.5 Use of ultra low sulfur diesel fuel and best available retrofit technology in the fulfillment of solid waste contracts and recyclable materials contracts.
§ 24-163.6 Use of best available retrofit technology by sight-seeing buses.
§ 24-163.7 Use of ultra low sulfur diesel fuel and best available retrofit technology in school bus transportation.
§ 24-163.8 Use of ultra low sulfur diesel fuel in diesel-powered generators used in the production of films, television programs and advertisements, and at street fairs.
§ 24-163.9 Retrofitting, age limitations, fuel use of diesel fuel-powered school buses and use of all-electric zero emission school buses.
§ 24-163.10 Use of auxiliary power units in ambulances. [Repealed]
§ 24-163.11 Trade waste vehicles.
§ 24-163.12 Mobile food vending units.
§ 24-163.13 Electrification of city fleet workforce development report.
§ 24-164 Operation of soot blower of vessels prohibited.
§ 24-165 Use of air contaminant detectors and recorders.
§ 24-166 Use of combustion shutoff; halting of emission of air contaminant.
§ 24-167 Improper use of equipment or apparatus prohibited.
Subchapter 8: Fuel Standards
Subchapter 9: Enforcement
Chapter 2: Noise Control
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Chapter 5-A: Water Pollution Control
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§ 24-163.13 Electrification of city fleet workforce development report.
   a.   On July 1, 2025, and on July 1 of each year thereafter, the department of citywide administrative services shall prepare a report summarizing purchase orders for vehicles and charging infrastructure made pursuant to section 24-163.1. Such report shall describe the effect, if any, of the purchase of vehicles and charging infrastructure required pursuant to section 24-163.1 on city employees, including but not limited to, summarizing any needs relating to training for city employees, any programs being planned to meet those needs, and any changes in the functions or duties of city employees as a result of such purchase.
   b.   The report required pursuant to this section shall include the following information regarding any planned purchase of vehicles and charging infrastructure, pursuant to section 24-163.1, to the extent available, for the subsequent reporting period:
      (1)   an estimate of the number of funded agency positions that would be eliminated or substantially changed as a result of any such planned purchase;
      (2)   a description of any loss of projected position or partial displacement, such as a reduction in hours of non-overtime work or reduction in wages anticipated as a result of any such planned purchase;
      (3)   the number of agency positions expected to be created by any such planned purchase; and
      (4)   plans, if any, to transition, train, or retrain city employees as a result of the purchase of vehicles and charging infrastructure required pursuant to section 24-163.1.
(L.L. 2023/140, 10/23/2023, eff. 4/20/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/140.
§ 24-164 Operation of soot blower of vessels prohibited.
   No person shall cause or permit the soot blower of a vessel, other than a vessel which travels only in waters within the jurisdiction of the city of New York, to operate while the vessel is within the waters of the city.
§ 24-165 Use of air contaminant detectors and recorders.
   (a)   Whenever the use of an air contaminant detector is required by this code, the air contaminant detector must automatically cause both an audible signal sufficiently loud to be heard by a person of normal hearing twenty feet from the detector and a readily visible flashing red light upon the emission of an air contaminant of a density which appears darker than number one on the standard smoke chart, or of an opacity which obscures vision to a degree greater than smoke of number one density on the standard smoke chart.
   (b)   The signaling devices of the air contaminant detector shall also be located at the principal work location of the person supervising the equipment.
   (c)   If two or more units of equipment are connected to a single flue, one air contaminant detector may be used if installed to monitor all of the units.
   (d)   If the light source of a photoelectric type of air contaminant detector fails to operate properly, the detector must automatically cause an audible signal sufficiently loud to be heard by a person of normal hearing twenty feet away from the detector and a readily visible flashing red light which shall continue to operate until manually reset.
   (e)   Whenever the use of an air contaminant recorder is required by this code, the air contaminant recorder must:
      (1)   continuously produce a record of the time, duration, concentration and density of an air contaminant of a density which appears darker than number one on the standard smoke chart, or of an opacity which obscures vision to a degree greater than number one; or
      (2)   continuously produce a record of the time, duration, and concentration of sulfur dioxide and nitrogen oxides by volume and particulate matter by weight.
   (f)   The record made by the air contaminant recorder shall be dated and retained on the premises where the recorder is located for a period of sixty days from the last date appearing on the record.
   (g)   The commissioner may recommend to the board that there shall be no civil penalty imposed for a first violation of this section if, within forty five days of the return date set forth on the notice of violation, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department's rules that the work has been performed to permanently correct the violation. If the commissioner accepts such certification of compliance, he or she shall recommend to the board that no civil penalty shall be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153.
§ 24-166 Use of combustion shutoff; halting of emission of air contaminant.
   (a)   Whenever the use of a combustion shutoff is required by this code or by the commissioner, the combustion shutoff must automatically halt the operation of fuel burning equipment using fuel oil within two minutes after the emission of an air contaminant of a density which appears darker than number one on the standard smoke chart, or of an opacity which obscures vision to a degree greater than smoke of number one density on the standard smoke chart.
   (b)   No person shall cause or permit the resumption of the normal operation of the fuel burning equipment whose operation was halted by a combustion shutoff until the equipment operates in accordance with the standards of this code.
   (c)   The commissioner may recommend to the board that there shall be no civil penalty imposed for a first violation of this section if, within forty five days of the return date set forth on the notice of violation, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department's rules that the work has been performed to permanently correct the violation. If the commissioner accepts such certification of compliance, he or she shall recommend to the board that no civil penalty shall be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153.
§ 24-167 Improper use of equipment or apparatus prohibited.
No person shall use or permit the use of equipment or apparatus for a purpose or in a manner which causes it to function improperly or not in accordance with its design. Nothing in this section shall be construed to prohibit the use of bioheating fuel in equipment that may be adapted for such use.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/043.
Subchapter 8: Fuel Standards
§ 24-168 Use of proper fuel in fuel burning equipment.
   (a)   No person shall cause or permit the use of a kind or grade of fuel in fuel burning equipment that is not designed to burn that kind or grade of fuel. Nothing in this subdivision shall be construed to prohibit the use of bioheating fuel in fuel burning equipment that is adapted for such use.
   (b)   No person shall cause or permit the burning of refuse material in fuel burning equipment unless the equipment is designed to burn refuse material.
   (c)   No person shall cause or permit a boiler to burn residual fuel oil on or after January 1, 2020.
   (d)   No person shall cause or permit a boiler to burn fuel oil grade no. 4 on or after July 1, 2027, or for a boiler used to generate electricity and/or steam in an electric, steam, or combined electric and steam generation facility, on or after January 1, 2025. No work permit, certificate of operation, or registration for a boiler to burn fuel oil grade no. 4 shall be issued or renewed on or after June 30, 2024.
   (e)   No person shall cause or permit the use of a kind or grade of fuel in a diesel powered generator other than ultra low sulfur diesel.
   (f)   Notwithstanding the provisions of subdivision (d), no person shall cause or permit a boiler to burn fuel oil grade no. 4 in a boiler in a city property or in a public school building operated by the department of education on or after July 1, 2025. For the purposes of this section, the term "city property" shall mean any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2018/031, 1/8/2018, eff. 1/8/2018; Am. L.L. 2023/032, 3/6/2023, eff. 3/6/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/043 and L.L. 2023/032.
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