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No person shall cause or permit the kindling, maintenance or use of any open fire so as to cause the emission of an air contaminant into the open air, except as provided herein:
a. Where such fires are allowed by any other law, rule or regulation, outdoor residential picnic and barbecue fires in equipment with a total grate area not exceeding ten square feet and designed to utilize charcoal, or equipped with gas burners;
b. outdoor noncommercial barbecue and picnic fires in equipment provided by and located in city parks where such fires are permitted by the appropriate government agency;
c. official fires used for the training of fire brigades or similar purposes by persons or corporations requiring such training, but only with the approval of the commissioner and the fire commissioner;
d. outdoor fires used in conjunction with tar kettles, coke salamanders, asphalt and snow melting equipment and open natural gas fired infrared heaters of capacity less than one hundred fifty thousand BTU/hr;
e. fires used for special effects for the purpose of television, motion picture, theatrical and for other entertainment productions, but only with the approval of the fire commissioner and the commissioner;
f. residential fire pits as authorized by FC 307.7.
(Am. L.L. L.L. 2022/047, 1/15/2022, eff. 4/15/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/047.
(a) No person shall burn any fuel in an outdoor wood boiler except clean wood, provided that newspaper or other non-glossy, non-colored paper may be used as starter fuel.
(b) No person shall operate an outdoor wood boiler so as to cause an emission that (1) activates a smoke detector on an adjoining property; (2) impairs visibility on a public street or highway; or (3) causes a visible plume that comes into contact with a building on an adjacent property.
(c) No person shall operate an outdoor wood boiler with a thermal output rating of two hundred fifty thousand Btu/h or less, unless such outdoor wood boiler:
(1) Is in compliance with all applicable certification standards set forth in section 247.8 of title six of the New York codes, rules and regulations;
(2) Is located at least one hundred feet from the nearest property boundary line; and
(3) Is equipped with a permanent stack extending at least eighteen feet above ground level.
(d) No person shall operate an outdoor wood boiler with a thermal output rating in excess of two hundred fifty thousand Btu/h.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) Definitions. As used in this section:
"Existing fireplace" means a fireplace that has been installed before the effective date of the local law that added this section.
"New fireplace" means a fireplace that has been installed on or after the effective date of the local law that added this section.
"Treated firewood" shall have the same meaning as set forth in subdivision thirteen of section 192.5 of title six of the New York codes, rules and regulations.
(b) No person shall operate a fireplace as a primary source of heat, unless the source that normally supplies heat to the building in accordance with applicable state or local law is inoperable due to a fire, explosion, loss of power to the building or natural disaster including, without limitation, earthquakes, floods, winds, or storms, or as otherwise permitted by the rules of the department.
(c) No person shall operate any new fireplace unless it is operated solely on natural gas or on renewable fuel, as such term is defined in this code or as otherwise defined by the rules of the department for the purposes of implementing this subdivision, provided that this subdivision shall not apply if an application for approval of construction documents for such fireplace was filed with the department of buildings on or before the effective date of the local law that added this section. Any such fireplace shall be deemed to be an existing fireplace and shall be subject to the provisions of law relating to the operation of an existing fireplace.
(d) No person shall operate any existing fireplace unless it is operated with the use of treated firewood having a moisture content of twenty percent or less by weight, renewable fuel, as such term is defined in this code or as otherwise defined by the rules of the department for the purposes of implementing this subdivision, or such other material as may be designated by the rules of the department.
(e) No person shall operate a fireplace unless such fireplace is in compliance with applicable federal emissions standards for particulate matter as set forth in 40 CFR § 60.532.
(L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) No person shall operate any wood burning heater as a primary source of heat, unless the source that normally supplies heat to the building in accordance with applicable state or local law is inoperable due to a fire, explosion, loss of power to the building or natural disaster including, without limitation, earthquakes, floods, winds, or storms, or as otherwise permitted by the rules of the department.
(b) No person shall operate any wood burning heater unless it (i) is operated solely on renewable fuel, as such term is defined in this code or as otherwise defined by the rules of the department for the purposes of implementing this subdivision, and (ii) complies with 40 CFR part 60.
(L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) Definitions. As used in this section:
"New" means installed on or after the effective date of the local law that added this section.
"Existing" means installed before the effective date of the local law that added this section.
"Week" means a period of seven consecutive days starting on Sunday, unless a different start day is specified in the registration filed pursuant to section 24-109 of this code.
(b) No person shall operate any new commercial char broiler or any existing chain-driven commercial char broiler to cook more than eight hundred seventy-five pounds of meat, including but not limited to beef, lamb, pork, poultry, fish, or seafood, per week unless such commercial char broiler is equipped with an emissions control device that meets the requirements of the rules of the department.
(c) On or after January 1, 2018, the commissioner may promulgate rules regulating emissions from: existing chain-driven commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week or existing under-fired commercial char broilers.
(d) On or after January 1, 2020, the commissioner may promulgate rules regulating emissions from new commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week.
(e) The operator of a commercial char broiler shall maintain records regarding the dates of installation, replacement, cleaning, and maintenance of any emissions control device. Such records shall be made available to the department upon request.
(f) The operator of a commercial char broiler that is not equipped with an emissions control device that meets the requirements of the rules of the department shall maintain records showing the amount of meat purchased per month. There shall be a presumption that all meat purchased in a given month was cooked on a commercial char broiler. The records required pursuant to this subdivision shall be maintained for not less than one year and shall be made available to the department upon request.
(g) Notwithstanding any other provision this section, where a facility uses more than one commercial char broiler to cook meat, the amount of meat cooked per week shall be calculated for the purposes of this section based on the total amount of meat cooked on all commercial char broilers at the same facility.
(L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
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