Catalytic Oxidizer. "Catalytic Oxidizer" means an emissions control device which burns or oxidizes smoke and gases from the cooking process into carbon dioxide and water, using an infrastructure coated with a noble metal alloy.
Chain-driven commercial char broiler. "Chain-driven commercial char broiler" means a commercial char broiler that is a semi-enclosed cooking device with a mechanical chain that automatically moves food through the device.
Commercial char broiler. "Commercial char broiler" means a device that consists primarily of a grated grill and a heat source and that is used to cook meat, including beef, lamb, pork, poultry, fish, and seafood, for human consumption at a food service establishment, as such term is defined in 24 RCNY Health Code § 81.03.
Electrostatic Precipitator (ESP). "Electrostatic Precipitator (ESP)" means a filtration device that removes fine particles, like dust and smoke, from a flowing gas using the force of an induced electrostatic charge minimally impeding the flow of gases through the unit. An ESP is a type of emissions control device.
Emissions Control Device. "Emissions control device" means equipment that is installed on a commercial char broiler to reduce particulate matter emissions.
Existing. "Existing" means installed before May 6, 2016.
Meat. "Meat" means tissue of an animal body that is used for food and includes, but is not limited to, beef, lamb, pork, poultry, fish, or seafood.
New. "New" means installed on or after May 6, 2016.
Particulate Matter. "Particulate Matter" or "PM" means any air or gas-borne material, except water, that exists as a liquid or solid. "PM 10" means PM with an aerodynamic diameter equal to or less than 10 micrometers.
Under-fired commercial char broiler. "Under-fired commercial char broiler" means a commercial char broiler that has a grill, a high temperature radiant surface, and a heat source that is located below the food.
Week. "Week" means a period of 7 consecutive days starting on Sunday, unless a different start day is specified in the registration filed pursuant to § 24-109 of the Administrative Code.
(Added City Record 8/17/2016, eff. 9/16/2016)
(a) No person shall operate any new or existing chain-driven commercial char broiler to cook more than 875 pounds of meat per week unless a flameless catalytic oxidizer or other emissions control device that has been tested and certified in accordance with 15 RCNY §§ 37-05 and 37-06 has been installed. Such emissions control device must reduce the chain-driven commercial char broiler's baseline PM10 emissions, including condensable PM, at a reduction rate of 75% or greater.
(b) No person shall operate any new under-fired commercial char broiler used to cook more than 875 pounds of meat per week unless an ESP or other emissions control device that has been tested and certified in accordance with 15 RCNY §§ 37-05 and 37-06 has been installed. Such emissions control device must reduce the under-fired commercial char broiler's baseline PM10 emissions, including condensable PM, at a reduction rate of 75% or greater.
(c) Where a facility uses more than one commercial char broiler to cook meat, the amount of meat cooked per week must be calculated based on the total amount of meat cooked on all commercial char broilers at the same facility, and the emissions reduction required by subdivisions (a) and (b) of this section must be calculated per commercial char broiler.
(Added City Record 8/17/2016, eff. 9/16/2016)
(a) Any emissions control device installed and/or operated under this chapter shall be operated, cleaned, and maintained in accordance with the manufacturer's specifications.
(b) Notwithstanding subdivision (a) of this section every emissions control device installed and/or operated pursuant to this chapter must comply with Section FC 609.4.1 of the New York City Fire Code. Systems must be cleaned by a person holding a FDNY Certificate of Fitness P-64 Commercial Kitchen Exhaust & Precipitator Cleaning Technician.
(Added City Record 8/17/2016, eff. 9/16/2016)
(a) Recordkeeping.
(i) Effective May 6, 2016, any person operating a new under-fired commercial char broiler or an existing or new chain-driven commercial char broiler used to cook 875 pounds or less of meat per week, must maintain records showing the amount of meat purchased per month.
(ii) Effective May 6, 2016, any person operating a new under-fired commercial char broiler or an existing or new chain-driven commercial char broiler used to cook more than 875 pounds of meat per week must maintain records regarding the date of installation, replacement and maintenance of any emissions control device installed to abate emissions from the char broiler.
(iii) For purposes of this subdivision, maintenance includes, but is not limited to, preventative maintenance, breakdown repair, and cleaning performed on the emissions control device. The records must include the date, time, and a brief description of the work.
(b) Retention of Records. All records required by this section must be retained for at least one year and must be made available to the department upon request.
(Added City Record 8/17/2016, eff. 9/16/2016)
The manufacturer or owner of an emissions control device may seek department certification by submitting documentation from an independent testing laboratory that tests in accordance with an EPA accredited laboratory testing method that the emissions control device has been tested in accordance with the applicable procedures set forth in 15 RCNY § 37-06 and that such device meets the requirements of 15 RCNY § 37-02. Such documentation must be submitted in accordance with the requirements of 15 RCNY § 37-06(c). The department will maintain a list of approved certified emissions control devices for use with particular models of commercial char broilers on the department's website and will update the list periodically as necessary.
(Added City Record 8/17/2016, eff. 9/16/2016)
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