Loading...
(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)
The commissioner may grant a work permit, or an alternative form of approval, 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 work permit shall be valid for a period not to exceed three years.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) In newly constructed buildings, a work permit shall expire if the installation is not completed within one year from the date of issuance of the work permit or if work on the installation under the work permit is suspended for more than ninety days.
(b) In existing buildings, a work permit shall expire if the installation or alteration is not begun within ninety days from the date of issuance of the work 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) Extensions may be granted for a period of not more than six months per extension, provided that an application for an extension shall be made at least thirty days prior to the expiration of the work permit.
(d) An expired work permit shall be reinstated if it is filed within one year of the expiration date of the work permit. If an application for reinstatement is not filed within one year of the expiration date of the work permit, then a new application shall be filed with the department.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) No initial certificate of operation shall be granted for the use or operation of equipment or apparatus for which a work permit is required unless the applicant first requests an inspection by the department to certify that the equipment or apparatus is installed in accordance with the work permit and operates in accordance with this code. Such inspection shall include testing as set forth in subdivision (a) of section 24-129 of this code.
(b) No certificate of operation shall be granted or 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 of operation satisfies the standards established in the code or by rules or regulations promulgated thereunder in effect on the date of the issuance of the original certificate of operation.
(c) An application for a certificate of operation 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.
(d) If an owner fails to make an application to renew a certificate of operation 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 work permit pursuant to sections 24-123 and 24-125 of the code.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) A certificate of operation shall not be granted or renewed unless the equipment passes such tests as the commissioner may require by rule. The commissioner may require the applicant to conduct such tests. A failing test result shall result in disapproval.
(b) 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.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) The commissioner shall act within a reasonable time not to exceed forty-five days on an application for a work permit or certificate of operation, or for a renewal of a certificate of operation, 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.
(c) Within forty-five days after service on the applicant of the notice of disapproval, the applicant may request the commissioner to reconsider the application by answering in writing the commissioner's objection to the application. The application shall be deemed cancelled if the applicant fails to answer or request an extension of time within forty-five days after the service of the notice of disapproval.
(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 forty-five days, of his or her approval or denial of the application.
(e) The commissioner may grant a temporary certificate of operation for a period not to exceed sixty days upon receipt of an application for the granting or renewal of a certificate of operation and may, at his or her discretion, renew a temporary certificate of operation for an additional period not to exceed sixty days.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) The commissioner shall suspend or revoke a work permit or certificate of operation when ordered to do so by the board pursuant to subchapter nine of this code.
(b) Suspension or revocation of a work permit or certificate of operation shall become final five days after service of notice on the holder of the work permit or certificate of operation.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
A work permit or certificate of operation that has been cancelled or revoked pursuant to this code shall be surrendered to the commissioner within five business days of receipt of the notice of revocation.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
Loading...