(a) 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, or part thereof, unless the demolition of the building or structure is being conducted by or on behalf of a city agency pursuant to chapter one of title seventeen of the code or pursuant to an order issued by the department of buildings under article two hundred fifteen of chapter two of title twenty-eight of the code.
(3) The installation, alteration, use or operation of an individual boiler or water heater that has a heat input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour.
(4) The installation, alteration, use or operation of any boilers, including water heaters, that are owned by the same person in a single building and would not individually require a registration or certificate of operation, if in the aggregate such boilers have a heat input equal to or greater than three hundred fifty thousand Btu per hour. Such boilers shall be registered together in a single registration.
(5) The use or operation of fuel burning equipment or portable equipment with a heat input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour, except as otherwise provided in this section.
(6) The use or operation of any emergency generator that has an output equal to or greater than forty kilowatts.
(7) The use or operation of any portable generator with an output equal to or greater than forty kilowatts.
(8) The use or operation of a portable engine with an input equal to or greater than fifty horsepower but less than six hundred horse power, unless such engine is used to power self-propelled construction or landscaping equipment.
(9) The use or operation of a stationary generator, other than an emergency generator, with an output equal to or greater than forty kilowatts but less than four hundred fifty kilowatts.
(10) The use or operation of a stationary engine with an input of equal to or greater than fifty horsepower but less than six hundred horsepower.
(11) The use or operation of an engine with an input equal to or greater than fifty horsepower that is used exclusively at a construction site, unless such engine is used to power self-propelled construction or landscaping equipment.
(12) The use or operation of equipment with an environmental rating of C that produces a flow rate equal to or greater than one hundred standard cubic feet per minute but less than two thousand standard cubic feet per minute.
(13) The use or operation of a cogeneration system that has a total input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour.
(14) The installation, use or operation of any flare.
(15) The installation, use or operation of any gasoline dispensing station.
(16) The installation, alteration, use or operation of any commercial char broiler.
(17) Any other emission source or activity not listed in paragraphs one through sixteen of this subdivision that the commissioner requires by rule to be registered with the department, provided that the commissioner shall not require by rule the registration of an engine used to propel a motor vehicle or any emission source or activity located in a one- or two-family dwelling.
(b) Registration shall not be required for any fuel burning equipment for which a certificate of operation is required pursuant to subchapter four of this code.
(c) Registration shall be filed on forms prescribed by the department.
(1) An application for the registration of any boiler shall include documentation that the boiler has passed a combustion efficiency test. The commissioner shall specify by rule the requirements for such test.
(2) (i) An application for the registration of any generator shall include documentation that the generator has passed a smoke test performed in accordance with the procedures set forth in "Method 9 - Visual determination of the opacity of emissions from stationary sources," Appendix A-4 to 40 CFR part 60, or documentation in the form of certification by a professional engineer or registered architect that a stack test has been performed in accordance with the rules of the department.
(ii) The department may require that any portable generator being registered for the first time be made available for a smoke test to be conducted by the department before the application for registration will be processed. If the department conducts such smoke test, the documentation required in subparagraph (i) of this paragraph shall not be required.
(iii) The requirements of this paragraph shall not apply to any newly installed generator that is being registered for the first time and that is equipped with an engine certified to the tier four emissions standards established by the United States environmental protection agency as set forth in table one of 40 CFR § 1039.101 or to any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent, provided that the requirements of this paragraph shall apply to such generator upon renewal of such registration.
(d) Registration shall be filed by the following persons:
(1) In the case of registration pursuant to paragraph one of subdivision (a) of this section, by the contractor responsible for the spraying of the insulating material.
(2) In the case of registration pursuant to paragraph two of subdivision (a) of this section, by the contractor responsible for the demolition activity.
(3) In the case of registration pursuant to any other paragraph of subdivision (a) of this section, by the owner of the equipment or his or her authorized agent.
(e) After a registration has been approved, the department shall return an approved copy to the registrant. The approved copy shall be displayed in accordance with section 24-113 of this subchapter.
(f) Any registrant, except a registrant of equipment described in paragraphs seven or eight of subdivision (a) of this section, shall notify the department within fifteen days of any change in the information submitted in the registration. If the change in information relates to a change in ownership of the equipment then the new owner shall notify the department of the change.
(g) Registrations shall be valid for up to three years from the date of approval, unless cancelled by the department. Registrations shall be renewed in a timely manner prior to expiration. A registration that has been expired for a period of one year or more shall be considered cancelled by the department. Applications for registration renewals shall be submitted on a form prescribed by the department.
(h) The application for a registration of new equipment shall indicate whether the new equipment is replacing existing registered equipment. The existing registration shall be cancelled upon registration of the new equipment.
(i) The registrant shall notify the department when removing registered equipment, and the registration shall be cancelled upon such notification.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)