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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.
(a) Field tests.
(1) All liquid fuel piping and fuel oil storage tanks shall be hydrostatically tested for tightness by the contractor who made the installation before the work is closed in and before the system is operated. The piping shall be tested at one and one-half times the maximum working pressure applicable to that part of the piping system but at a pressure less than the test pressure required for the storage tank. The minimum pressure for testing tanks shall be one and one-half times the maximum working pressure applicable to the tank but in no case less than twenty-five psi. The hydrostatic pressure shall be maintained until all joints and connections have been visually inspected for leaks, but in no case for less than one-half hour. The tank shall not show any permanent deformation as a result of the test. A record shall be kept of the pressure tests showing the name of the contractor and the pressures at which the piping and the tank were tested.
(2) Gas distribution piping shall be tested for tightness by the contractor who made the installation before the work is closed in and before the system is operated, in accordance with the requirements of section 27-922 of article seven of subchapter sixteen of this chapter. For gas storage tanks see chapter four of this title.
(b) Inspections. Fuel burning equipment shall be inspected in accordance with the requirements for controlled inspections in subchapter one, except that the inspections may be made by an architect or engineer who need not be in the employ of the owner or by a representative of the commissioner.
(c) Temporary use permit. A temporary equipment use permit, as provided in subchapter one, may be issued by the commissioner upon receipt of a statement signed by the contractor who made the installation, certifying that:
(1) The portions of the work completed conform with all provisions of the code listing at the same time any items still to be completed.
(2) All required pressure tests have been successfully completed on the portion of the work installed and giving the pressures at which the tests were made.
(d) Instruction cards. For oil burning systems, cards giving complete instructions for the care and operation of the system shall be furnished and shall be permanently located in an easily visible and accessible location near the equipment.
(e) Exceptions. An equipment use permit shall not be required for any installation for which a work permit is not required as provided in section 27-189 of article eighteen of subchapter one of this chapter.
Article 3: Licenses and Certificates
If a boiler produces steam or vapor or has a safety valve setting of more than fifteen psi and rated in excess of ten hp. or if such boiler produces hot water at a pressure of more than one hundred sixty psi or at a temperature over two hundred fifty degrees Fahrenheit, such boiler shall be operated by a high-pressure boiler operator licensed in accordance with the requirements of subchapter two of title twenty-six of the administrative code.
All oil burning installations, including storage equipment, shall be made by, or under, the direct supervision of a licensed oil burning equipment installer, in accordance with requirements of subchapter two of title twenty-six of the administrative code.
No oil burning equipment hereafter installed shall be operated until an equipment use permit has been issued by the commissioner, the requirements of the air pollution control code have been met as provided in section 27-799 of article four of this subchapter, and until approval for the storage of fuel oil has been given by the fire commissioner, except that temporary operation may be permitted as provided in section 27-188 of article eighteen of subchapter one of this chapter.
(a) Every oil burning installation that is not fully automatic or requires preheating shall be operated by, or under, the direct supervision of a person holding a certificate of fitness issued by the fire commissioner. Such person shall be in the building at all times while the burners are in operation, and shall be present in the boiler room during the starting of the operation of a boiler.
After any repairs are made to a boiler or fuel burning equipment for which licensed or qualified operators are required, such operators shall check the repairs, together with the functioning of all controls devices and the positioning of all valves. These licensed or qualified operators also shall be present during the starting of the operation of the equipment and shall be responsible for the proper and safe operation of such equipment.
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