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(a) Application for a work permit, for a certificate of operation or for the renewal of a certificate of operation 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 signed by one individual who is a member of the group. If the applicant is a corporation, the application shall be signed by an officer of the corporation.
(b) 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.
(c) Each application shall be signed by the applicant and by an architect, engineer or any other professional approved by the commissioner by rule. The architect, engineer or other professional shall certify 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 certificate of operation required by this code, the certifying architect, engineer or other professional shall also certify that he or she inspected the equipment and 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.
(d) Application for the renewal of a certificate of operation shall be filed no later than forty-five days and no earlier than one hundred twenty days prior to the expiration of the certificate of operation.
(e) Application for a work permit or for a certificate of operation 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.
(f) Information exempt by law from disclosure as confidential commercial information that 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 court proceeding or department or administrative hearing, the information is relevant to the proceeding or hearing.
(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. 1989/014.
(a) Except as provided in section 24-126 of this code, no work permit shall be granted unless the applicant 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 and with any applicable rules the commissioner may promulgate pursuant to this code;
(2) The equipment has been certified by a registered design professional to meet the current applicable federal, state and city emission standards;
(3) Equipment that will have a stack, chimney, or breaching will be provided with:
(i) Sampling ports of a size, number and location as the commissioner may require, and
(ii) Safe access to each port, and
(iii) Such other sampling and testing facilities as the commissioner may require;
(4) Refuse burning equipment operated by the department contains control apparatus which meets any performance standards that may be prescribed by the commissioner;
(5) When required by the commissioner, fuel burning equipment that 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; and
(6) All parts of the equipment can be readily cleaned and repaired.
(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 and incorporate appropriate apparatus; and
(2) Burn fuel or other material 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 that requires a work permit, 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 certifies to the satisfaction of the commissioner that such equipment or apparatus complies with all applicable provisions of this code and such other applicable rules as the commissioner may promulgate pursuant to this code.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
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