§ 24-245 Operating certificates and renewal of operating certificates; tunneling permits; when required.
AC § 24-245
(a)The commissioner shall at his or her discretion promulgate regulations pursuant to section eleven hundred five of the city charter directing the placement of air compressors, paving breakers, refuse compacting vehicles and rapid transit railroads, including but not limited to their rolling stock, track and track beds, passenger stations, tunnels, elevated structures, yards, depots and garages, onto an operating certificate list, setting out the reasons for such placement, and setting out the period of time from issuance or renewal during which such operating certificate shall be valid, unless sooner revoked or cancelled.
(b)No person shall cause or permit the use or operation of any device placed on the operating certificate list pursuant to subdivision (a) of this section except for the purpose of testing such device without first obtaining an operating certificate from the commissioner. The placement of such a device not bearing an operating certificate at a location of its customary operation shall be considered a violation of this section in any proceeding pursuant to any applicable section of subchapter eight of this chapter of this code except section 24-269.
(c)No person shall engage in or permit any person to engage in tunneling without first obtaining a tunneling permit from the commissioner. A separate permit shall be obtained for each shaft of a tunnel.
(d)Prior to advertising for bids for contracts involving tunneling, the agency of the city of New York proposing to so advertise shall request the commissioner in writing for a statement of the requirements or standards that will govern the proposed tunneling activities pursuant to section 24-248 of this subchapter. The aforesaid requirements shall be furnished by the commissioner to the contracting agency in writing within thirty days after receipt of the request and shall be included by the contracting agency in the contract specifications for the proposed tunneling. The conditions under which the permit shall be granted to the contractor shall be consistent with the statement furnished by the commissioner to the contracting agency for inclusion in the contract specifications.
(e)Notwithstanding the existence of a valid tunneling permit, no person shall, except in the case of urgent necessity in the interest of public safety, conduct or permit to be conducted blasting operations at any time other than on weekdays and other than between the hours of seven a.m. and seven p.m. unless a special permit is obtained from the fire department pursuant to subdivision d of section 27-4039.
