§ 103-05 High-Pressure Boiler Inspection and Filing Requirements, Penalties and Waivers.
RCNY § 103-05
(a)Scope. This rule implements Article 303 of Title 28 of the New York City Administrative Code ("Administrative Code") by specifying the high-pressure boiler annual inspection requirements, the processes through which the department shall regulate the filings of high-pressure boiler annual inspection reports and shall issue penalties and waivers for failure to file and/or late filing, and the penalties for failure to file and/or untimely filing of a written notice of removal or disconnection of a high-pressure boiler.
(b)References. See §§ 28-201.2.2, 28-202.1 and Article 303 of Title 28 of the Administrative Code.
(c)Definitions. For the purposes of this section, the following terms shall have the following meanings: (1) Department. The department of buildings.
(2)External high-pressure boiler annual inspection. An inspection made while the boiler is in operation.
(3)Filing deadline. For the high-pressure boiler annual inspection report or any part thereof, fourteen (14) days from the date of the inspection.
(4)First test. An inspection of a newly installed or replaced boiler required for the department to approve its use and operation.
(5)Inspection cycle. January 1st through December 31st of the calendar year for which an owner submits the report.
(6)Inspection type. An external high-pressure boiler annual inspection or an internal high-pressure boiler annual inspection.
(7)Internal high-pressure boiler annual inspection. An inspection made when the boiler is shut down and handholes and manholes or other inspection openings are opened or removed for inspection of the interior.
(8)Late filing. An inspection report or any part of that report filed after the fourteen (14) day filing deadline but in no event later than January 14th of the calendar year immediately following the inspection cycle.
(9)Owner. Any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in, or control of, the premises and/or boiler.
(10)Qualified boiler inspector. A qualified boiler inspector as defined in 1 RCNY § 101-07.
(11)Removal or disconnection. Removal or disconnection shall have the same meaning as the term "removal or discontinuance" as used in § 28-303.9 of the Administrative Code.
(12)Small business. A business that employs fewer than one hundred persons and provides goods or services onsite.
(13)Waiver. Removal of the obligation to pay a penalty associated with a violation. A waiver does not result in dismissal of the violation.
(d)Fees. Fees for filings related to high-pressure boilers shall be as set forth in 1 RCNY § 101-03.
(e)Inspections, tests and filing requirements. The owner shall be responsible for hiring a qualified boiler inspector to conduct inspections and tests and file high pressure boiler annual inspection reports pursuant to Article 303 of Title 28 of the Administrative Code. Such inspections shall comply with Article 303, applicable provisions of the New York State Labor Law and the following: (1) Internal and external high-pressure boiler annual inspection reports along with the appropriate filing fee(s) shall be submitted for each inspection cycle on such forms and in such manner as required by the department. The reports shall include: (i) An inspection report for each boiler identifying the qualified boiler inspector; (ii) An affirmation of correction along with the filing fee stating that identified defects have been corrected, if applicable; and (iii) The filing fee as provided in subdivision (d).
(f)Acceptance of filings. Inspection reports filed after the fourteen (14) day filing deadline but on or before January 14th of the calendar year immediately following the inspection cycle will be considered late filings and will be subject to the appropriate civil penalties as set forth in subdivision (i) of this section. Reports filed after such late filing period will be considered expired. In such cases, owners will be subject to the appropriate civil penalties for failure to file a report as set forth in subdivision (i) of this section, and the department will require a new inspection to be performed for the current inspection cycle and a new report filed in accordance with this section.
(g)Ten (10) day notifications. The inspector shall notify the department at least ten (10) days prior to the performance of an internal high-pressure boiler annual inspection.
(h)Tenant notification. An owner of a building containing a high-pressure boiler(s) shall notify any affected tenants of the planned shutdown of the boiler for inspection at least forty-eight (48) hours prior to such shutdown by (i) distributing a notice regarding such plan to each occupied dwelling unit and (ii) posting a notice regarding such plan in a conspicuous manner in the building lobby.
(i)Civil penalties, high-pressure boiler annual inspection report and affirmation of correction.
(1)Late filing. An owner who submits a late filing, but who provides proof that the inspection took place within the inspection cycle for which the report was due, shall be liable for a civil penalty of not less than fifty dollars ($50.00) per month, per boiler, per inspection type, commencing on the day following the filing deadline and ending on the date of submission of a complete report, including a late filing of the affirmation of correction. The total penalty shall not exceed six hundred dollars ($600.00) per boiler, per inspection type. For the purposes of this paragraph, "proof" shall mean a copy of the filed inspection report from the qualified boiler inspector who conducted the inspection indicating that the inspection was completed within the inspection cycle for which the report was due.
(ii)Device status. An owner may be granted a waiver of penalties contingent upon the department's acceptance of proof of the following: (A) Removed or disconnected. That the high-pressure boiler was removed from the building or disconnected prior to the inspection cycle for which the report was due. In the event that proof of removal or disconnection has not yet been entered into the department's database at the time of the request for a waiver, the owner shall submit to the department a copy of the submission for removal or disconnection of the boiler. (B) New or replaced. That the first test was performed during the inspection cycle for which the report was due. (C) Work in progress. That there is work in progress for the replacement or installation of a new boiler or burner or a major renovation requiring that the boiler or burner be deactivated during the work. For the purposes of this clause, "proof" shall mean the filing of a boiler application including a projected date of completion of work. Upon completion of such work, a new inspection and test report shall be filed in accordance with this section.
(iii)Building status. An owner may be granted a waiver of penalties contingent upon the department's confirmation of the following: (A) Demolished. That the full demolition of the building occurred prior to the inspection cycle for which the report was due and that such demolition was signed off by the department or that a new building permit has been issued for the property. (B) Sealed or vacated. That the building was ordered to be sealed or vacated by a government agency (e.g. Department of Buildings, Department of Housing Preservation and Development, Fire Department of New York or Office of Emergency Management) or by court order prior to the expiration of the inspection cycle for which the report was due.
(j)Civil penalties, written notice of removal or disconnection of a high-pressure boiler. Failure to file a written notice of removal or disconnection with the filing fee in accordance with § 28-303.9 of the Administrative Code, or filing such notice more than thirty (30) days after the date of the removal or disconnection of a high-pressure boiler shall be deemed a lesser violation and shall subject the owner to penalties as set forth in this subdivision.
