NYC Administrative Code

§ 24-122 — Certificates of operation and renewal of certificates of operation; when required.

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What is NYC AC § 24-122?

Quick Answer

This section outlines the requirements for obtaining and renewing certificates of operation for specific equipment and apparatus. It specifies conditions under which testing is permitted and details the validity period of certificates. The Department of Environmental Protection is the enforcing agency. Applies to owners of equipment requiring operational certificates.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-122 Certificates of operation and renewal of certificates of operation; when required.

AC § 24-122

(a)No person shall cause or permit the use or operation of equipment or apparatus for which a work permit is required without first obtaining a certificate of operation from the commissioner, except the use or operation for the purpose of testing the equipment or apparatus or for the purpose of testing an experimental installation or alteration for a reasonable period of time, as follows: (1) Testing of the equipment, apparatus, or experimental installation or alteration is permitted for an initial period of thirty days beginning upon notification to the department of a start date.

(2)If a person discovers during testing of the equipment, apparatus, or experimental installation or alteration that the equipment requires repairs necessitating interruption of the testing, such person shall notify the department of a new start date within ten days of the discovery and shall have an additional period of time not to exceed thirty days from such new start date to test the equipment, provided that the total combined testing period shall not exceed sixty days.

(b)No person shall cause or permit the use or operation of the following equipment, or cause or permit the keeping of any such equipment so as to be capable of being used or operated, without first obtaining a certificate of operation from the commissioner.

(1)Fuel burning equipment; (2) Equipment used in a process, except as otherwise provided by the commissioner by rule; (3) Portable equipment; (4) Equipment described in subdivisions one through four of section 24-118 of the code.

(c)No certificate of operation shall be required for equipment for which a registration is required pursuant to section 24-109 of the code.

(d)A certificate of operation for equipment shall be valid for a period of up to three years from the date of issuance, unless sooner revoked or cancelled by the commissioner.

(e)If equipment or apparatus for which a certificate of operation has been issued is dismantled or rendered inoperable, the owner of such equipment or apparatus shall notify the department within twenty days on forms furnished by the department. If the commissioner finds to his or her satisfaction that such equipment or apparatus has been dismantled or rendered inoperable, renewal of the certificate of operation shall not be required for as long as the equipment or apparatus remains dismantled or inoperable. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

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