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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 work permit from the commissioner, and such other licenses or permits as may be required by other governmental agencies and departments.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) A work 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 contaminants generated by or released from equipment or exhaust systems for controlling steam and heat.
(2) Air contaminant detector or air contaminant recorder.
(3) Construction equipment except for generators.
(4) Deicing storage tanks.
(5) Dilution ventilating systems for control of welding fumes and gases.
(6) Equipment with an environmental rating of D.
(7) Fuel burning equipment that has a Btu input or a gross output of less than four million two hundred thousand Btu per hour and uses a fuel gas, natural gas, gasoline or fuel oil grade No. 1 or 2.
(8) Installations for the preparation of food for on-site consumption or retail purchase, unless required elsewhere in this code or pursuant to rules issued by the commissioner.
(9) Internal combustion engines used to power any motor vehicle or any stationary engine that has an output of not more than six hundred horsepower.
(10) Laboratory equipment used exclusively for chemical or physical analyses of non-radioactive material.
(11) Refrigeration equipment used for cold storage.
(12) Steam safety valves.
(13) Vents used exclusively by tanks used for the storage of fuel oil, biodiesel, liquid soap, liquid detergent, tallow or vegetable oil, waxes, or emulsions.
(14) Vents used exclusively as part of a sanitary or storm drainage systems.
(15) Vacuum cleaning systems used exclusively for industrial, commercial or residential housekeeping.
(16) Ventilating or exhaust systems for storage rooms or cabinets for paint, ink, or solvents.
(17) 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.
(18) Equipment for which a registration is required pursuant to section 24-109 of the code.
(19) Anti-icing trucks used by the department of transportation.
(20) High-efficiency particulate air (HEPA) vacuum.
(21) Any other equipment or apparatus exempted by the commissioner by rule.
(b) A work permit shall not be required for the installation or alteration of equipment or apparatus in one and two-family dwellings.
(c) Although a work 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 work 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 work 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.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) No person shall cause or permit the use or operation of equipment or apparatus for which a work permit is required without first obtaining a certificate of operation from the commissioner, except the use or operation 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, as follows:
(1) Testing of the equipment, apparatus, or experimental installation or alteration is permitted for an initial period of thirty days beginning upon notification to the department of a start date.
(2) If a person discovers during testing of the equipment, apparatus, or experimental installation or alteration that the equipment requires repairs necessitating interruption of the testing, such person shall notify the department of a new start date within ten days of the discovery and shall have an additional period of time not to exceed thirty days from such new start date to test the equipment, provided that the total combined testing period shall not exceed sixty days.
(b) 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 a certificate of operation from the commissioner.
(1) Fuel burning equipment;
(2) Equipment used in a process, except as otherwise provided by the commissioner by rule;
(3) Portable equipment;
(4) Equipment described in subdivisions one through four of section 24-118 of the code.
(c) No certificate of operation shall be required for equipment for which a registration is required pursuant to section 24-109 of the code.
(d) A certificate of operation for 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.
(e) If equipment or apparatus for which a certificate of operation 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 certificate of operation shall not be required for as long as the equipment or apparatus remains dismantled or inoperable.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(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.
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