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All heating, combustion, and cooking equipment shall be installed with adequate clearances from combustible construction in accordance with the provisions of this subchapter. Either the equipment shall be provided with insulation or the building construction shall be fire protected, so that during continued or intermittent operation the surface of combustible construction materials will not be raised to a temperature higher than one hundred seventy degrees Fahrenheit. Such equipment shall be located, arranged, and protected so that the means of access to them for ordinary operation and maintenance will not be hazardous. They shall not be located in exits, hoistways, nor in the same space with other equipment or materials when the proximity to the other equipment or materials would create a hazardous condition. All piping shall be installed so as to provide for adequate expansion and contraction.
Article 2: Inspections and Tests for Equipment Use Permits
(a) Acceptance tests. Boilers shall not be placed in operation upon completion of construction until they have been inspected and tested and an equipment use permit has been issued by the commissioner. All final inspections and tests for boilers shall be subject to the provisions for controlled inspection as provided in subchapter one of this chapter, except that such inspections and tests shall be made by a qualified boiler inspector in the employ of the department or a duly authorized insurance company as provided in section two hundred four of the labor law. Equipment having a Btu input of not more than three hundred fifty thousand Btu per hour shall be exempt from this requirement.
(b) Periodic boiler inspections.
(1) Except as provided in paragraph two of this subdivision, all boilers, as defined in section two hundred four of the labor law, excepting those boilers listed in subdivision five of such section of the labor law, shall be inspected at least once a year by duly authorized insurance companies or other qualified inspectors in the manner set forth in rules and regulations promulgated by the commissioner. Such inspections shall also include the chimney connectors described in article three of subchapter fifteen of this chapter. All boiler inspectors who perform periodic inspections pursuant to this subdivision shall be qualified under section two hundred four of the labor law and rules and regulations promulgated by the commissioner of labor.
(2) Each owner of a high-pressure boiler, as defined in sections 26-160 and 27-795 of this code, may choose to have the annual boiler inspection conducted by the department or by a duly authorized insurance company.
(c) Owners annual statement.
(1) The owner of each boiler that is subject to periodic inspection shall file an annual written statement with the commissioner, specifying:
a. The location of each boiler.
b. Whether or not the owner, agent, or lessee has had the boiler inspected by a duly authorized insurance company or other qualified inspector in accordance with the requirements of subdivision (b) of this section, setting forth the name and address of the insurance company or other qualified inspector, the date of inspection, and the policy number covering the boiler.
(2) If the periodic boiler inspection has been performed by a duly authorized insurance company or other qualified inspector pursuant to subdivision (b) of this section, the annual statement shall be accompanied by a signed copy of the report of each boiler inspection, on such forms and in such manner as required by the commissioner.
(3) The statement shall be filed within thirty days after installation of a boiler. Thereafter, it shall be filed on or before the last day of December of the year of each annual inspection.
(d) Removal or discontinuance notice. The owner of a boiler that is removed or discontinued from use shall file a written notice of such removal or discontinuance with the commissioner within thirty days of the date of removal or discontinuance.
(e) Failure to file statements and notices. If an owner of a boiler shall fail to file any statement or notice required under this section, such owner shall be liable for a civil penalty pursuant to section 26-125 of this code.
(f) Additional inspections. In addition to the inspections required by subdivisions (a) and (b) of this section, the commissioner may make such additional inspections as required to enforce the provisions of this code. No fee shall be charged for such additional inspections.
(g) Fees. Every owner of a boiler in use and inspected by a duly authorized insurance company shall pay to the department an annual fee for each boiler in the amount prescribed by section 26-213 of Title 20-6 of the administrative code to cover the city's administrative and supervisory costs involved. The fee shall be payable at the time of the filing of the statement required by this subdivision.
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