NYC Apartment Management Checklist: Boiler/Burner Certification

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Chapter 5

Boiler/Burner Certification

WHO IS AFFECTED

City law. All owners of buildings with three or more apartments and owners of buildings with fewer than three apartments that also have com-mercial space.

State law. Owners of buildings that have the fol-lowing types of boilers:■ An oil or gas boiler with a maximum rated

heat input capacity of 10 million BTUs/hour or more; or

■ A coal- or wood-fired boiler with a maximum rated heat input capacity of 1 million BTUs/hour or more.

■ Any type of boiler with the total potential to emit (PTE) 25 tons or more of oxides of nitro-gen. The PTE depends on the type of boiler and the type of fuel burned. For example, residual (#4 or #6) oil has a higher nitrogen content than distillate (#2) oil.

If the building has more than one boiler, the state’s Dept. of Environmental Conservation (DEC) will look at the total capacity of all the boilers in the building to see whether they meet the threshold stated in the regulations (6 NYCRR, Part 201). So if a building has two oil boilers burning residual oil that each have a maximum rated heat input capacity of 9 million BTUs/hour, their total capac-ity is 18 million BTUs/hour. Therefore, the state law applies to both boilers. Also, if the building is one of a few adjacent buildings (e.g., it is part of an apartment building complex) owned by the same owner, DEC will look at the total boiler capacity of all boilers in the complex to determine whether they meet the threshold stated in the regulations.

WHAT LAW REQUIRES

City law. When owners install a new boiler or burner or make major alterations to an existing boiler or burner (e.g., replace equipment on it), they must get a certificate of compliance from the Dept. of Buildings (DOB), and either a registra-tion certificate or a certificate of operation for it from the Dept. of Environmental Protection (DEP). Owners must also renew DEP registra-tions and certificates for existing boilers and burn-ers in the building. Owners cannot operate boiler/burner equipment without the required certifi-cates. The type of certificate owners must get from DEP depends on the type and amount of fuel their equipment uses.

Compliance certificates. Owners cannot oper-ate a boiler and no Certificate of Occupancy will be issued for new construction until DOB issues a certificate of compliance after initial inspection and testing.

Registration certificates. Owners who install one or more new boilers or burners that use #2 oil or natural gas and that use an aggregate amount of 350,000 to less than 2.8 million BTUs of fuel per hour must get a registration certificate from DEP. (“Aggregate” refers to the “aggregate load” rule, which requires owners to apply for registra-tion certificates based on the total capacity of all their fuel-burning equipment attached to the same flue or chimney).

Operating certificates. Owners who install one or more new boilers or burners that use #2 oil, #6 oil, or natural gas and that use 2.8 million or more BTUs of fuel per hour or use #4 oil and 1.4 million

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From the 2014 Apartment Management Checklist, published by Vendome Real Estate Media: www.VendomeRealEstateMedia.com

5: Boiler/Burner Certification

64 2014 NYC Apartment Management Checklist

or more BTUs of fuel per hour, must get a certifi-cate of operation. Boilers or burners using #4 oil and less than 1.4 million BTUs of fuel per hour are not allowed.

Effective July 2012, DEP stopped issuing operat-ing certificates for boilers burning #6 oil.

Once an owner gets the proper certificate, he must renew it every three years. After an owner gets the approved certificate, he must post it in the boiler room in the vicinity of the equipment being used.

Fuel oil emissions. Starting in 2011, the city’s rules phase out the use of #4 and #6 heating oil when a building’s operating certificate expires. Buildings that burn #6 oil must convert to #4, #2, or natural gas between July 1, 2012, and July 1, 2015. For new boilers, owners can install only #2 oil or natural gas. All owners must convert to #2 or natural gas by Jan. 1, 2030.

State law. Owners must get either a one-time permit or registration certificate for their larger-capacity boilers from the state’s DEC.

HOW TO COMPLY— CITY-ISSUED COMPLIANCE CERTIFICATES

Owners who obtain permits to construct new buildings or to alter heating systems or boilers must arrange for special inspections. A program for these inspections will be set forth in the con-struction permit application. New heating systems also must be tested in accordance with the require-ments of the ASME Boiler and Pressure Vessel Code. All final inspections and tests for boilers must be made by a qualified boiler inspector from DOB or a duly authorized insurance company. Equipment with a BTU input of not more than 350,000 BTU/h is exempt from this requirement.

Effective Jan. 1, 2010, if a boiler fails the first test, DOB will not reinspect for another four weeks if the reason for failure was one of the following:■ There was a no-show at the appointment;■ The cancellation of the appointment was unjus-

tified and not within 48 hours of the scheduled appointment;

■ The original Schedule C form was not on a single page; or

■ The original Schedule C form was not signed or sealed.

The boiler installation also must be in compli-ance with the manufacturer’s instructions and the NYC Mechanical Code. Operating instructions, manufacturer’s rating data, and nameplate must be attached to boiler, and the installer must set, adjust, and test the controls. The installer must furnish a complete control diagram and operating instructions. DOB will issue a certificate of com-pliance after submission of a satisfactory report of inspection and testing of the new or altered equipment.

HOW TO COMPLY— CITY-ISSUED REGISTRATION CERTIFICATES

How to apply. Owners who are operating a boil-er or burner without a registration certificate must apply for one to comply with the law. Owners must file an “Application for Registration” (APC-501) with DEP’s Bureau of Environmental Com-pliance. The forms are available from the Bureau.

The Bureau will mail the owner an original registra-tion certificate in the form of a computer printout, with a seal. If an owner hires a contractor to install a new boiler/burner or to do major alteration work on the system, the owner should ask the contractor to fill out the registration application and include that service in the contractor’s fee. Typical agree-ments with contractors contain clauses obligating contractors to furnish all certificates and to pay all filing fees as part of the contract.

How to renew. An owner must renew his regis-tration certificate every three years. An “Applica-tion to Renew Operating Certificate/Registration” (314C) should be sent to the owner in the mail before the current certificate expires. The renewal application must be sent to DEP before the cur-rent certificate expires. If it is not, DEP may issue a violation notice for operating the boiler/burner without a registration certificate. The renewed cer-tificate will expire three years after the last expira-tion date.

Filing fees. The filing fees are the same for apply-ing for an initial registration certification as they are for renewing an existing certificate. They are: $110 for equipment with a BTU maximum rated input between 350,000 and one million BTUs per hour, and $190 for equipment with a BTU maxi-mum rated input or maximum gross output of one million to 2.8 million BTUs per hour.

2014 NYC Apartment Management Checklist 65


HOW TO COMPLY— CITY-ISSUED OPERATING CERTIFICATES

An owner who installs a new boiler or burner that uses #2 oil, #6 oil, or natural gas burning 2.8 mil-lion or more BTUs of fuel per hour, or uses #4 oil burning 1.4 million BTUs or more of fuel per hour, must get a certificate of operation. To get a certifi-cate of operation, owners must follow a two-stage process. The first stage is applying for and getting a work permit that will authorize the contractor to install a burner or boiler. The second stage is getting DEP to inspect the equipment after its installation. DEP will issue a certificate of opera-tion only after the equipment passes its inspection. Only a licensed architect or engineer can apply for the work permit—an owner cannot do it himself. And only a licensed contractor can apply to DEP for inspection after the work permit is issued.

How to apply.➤ Step 1: Hire contractor and engineer or architect. Owners must hire contractors who specialize in boiler/burner installations and who will help them buy the equipment best suited to their buildings. They must also hire a New York State licensed architect or engineer to plan the installation of their equipment.

➤ Step 2: Apply for work permit. Owners should have their engineer or architect apply to the Bureau of Air, Noise and Hazardous Materials for a work permit on their behalf by filing a “Fos-sil Fuel Combustion Equipment Application for Certificate of Operation” (APC 5-0), “Application for Certificate to Operate” (#76-19-2), and a “Pro-fessional Certification” form. Owners will have to pay a filing fee for the application.

➤ Step 3: Get work permit. If all is in order with the application the engineer or architect files, the owner will be issued a work permit. The work per-mit allows the owner six months to complete the boiler/burner installation and schedule an inspec-tion with the Bureau of Environmental Compli-ance if the installation is not in a new building. The permit will allow the owner one year to complete the installation and schedule an inspection if the installation is in a new building.

➤ Step 4: Apply for inspection. Once the owner’s boiler/burner is installed, the contractor must apply to the Bureau of Environmental Compli-ance for an inspection. He does this by filing an

“Inspection Request” (AR365). The owner must pay a filing fee equal to the amount he had to pay to get a work permit.

➤ Step 5: Pass inspection. DEP will send an inspec-tor to test the new boiler/burner’s efficiency. The contractor must be present at this inspection. As part of the test, the inspector will check:1. Performance, by measuring the stack loss (heat

passing up the chimney) and the presence of carbon dioxide in the system.

2. Burner limitation, by seeing that the owner’s equipment is capable of operating at its maxi-mum performance level.

3. Chimney receptor distance, by seeing that the required minimum distance exists between where dangerous toxic gas containing smoke is released and where it comes into contact with individuals (i.e., the closest apartment window or air intake).

4. Visual smoke alarm, by testing this required device, which senses smoke in the flue pipe. The owner must adjust his alarm to sound if his equipment discharges more smoke than allowed.

5. Opacity of the flue gases, measured with a Bacharach instrument.If the equipment fails the inspection, the owner will get a disapproval notice in the mail and will have to correct his system within 60 days, have the contractor reapply for an inspection, and pay a second filing fee.

➤ Step 6: Get certificate of operation. Once the boil-er/burner passes the inspection, DEP will, within two to three weeks, issue the owner a certificate of operation. The certificate is valid for three years.

Post certificate. On getting a certificate of oper-ation, the owner must post it on the wall in the vicinity of the boiler/burner equipment.

How to renew. Owners must renew their certifi-cate of operation every three years. The Bureau of Environmental Compliance should send the owner an Application to Renew Operating Cer-tificate/Registration (314C) in the mail before the current certificate expires. The owner can renew this certificate by simply sending in the form and filing fee to the DEP. The form requires that some-one certify that the equipment still satisfies DEP regulations.



The owner must file the renewal application at least 90 days before the current certificate of oper-ation expires. If the owner does not, DEP may issue a violation notice for operating the boiler/burner without a valid operating certificate. If for some reason DEP does not send the renewal appli-cation, the owner should be sure to get one before the current certificate expires. The renewed certifi-cate will expire three years after the last expiration date.

Filing fees. For initially getting a certificate of operation, the owner will have to pay a full fil-ing fee twice: once when the architect or engineer applies for a work permit and once when the con-tractor applies for an inspection. The amount of the filing fee ranges from $345 to more than $1,400, depending on the type of fuel the owner uses and the capacity of the boiler/burner.

If the equipment does not pass inspection because it fails to meet performance standards, the owner will have to pay a full filing fee again when apply-ing for a reinspection. The owner will want to make sure that the contractor is fully complying with all DEP requirements when the contractor installs the boiler/burner and that the equipment is maintained in proper working order.

HOW TO COMPLY— STATE-ISSUED PERMIT OR REGISTRATION CERTIFICATE

Owners installing new boilers or modifying exist-ing ones must also apply to the DEC to get the type of permit or registration certificate needed before the boiler may be used.

There are three options available. The option the owner chooses depends on how many tons of pol-lutants the boiler has the potential to emit and the owner’s willingness to limit the amount of pollut-ants it will emit. Owners can request:1. A registration certificate for boilers that have the

potential to emit the least amount of pollutants;2. A state permit that limits the amount of fuel

the boiler can burn if the boiler has the poten-tial to emit a larger amount of pollutants; or

3. What is known as a “Title V permit” if the owner cannot restrict the amount of fuel the boiler uses and the boiler has the potential to emit a larger amount of pollutants.

After it gets the owner’s application form, DEC will send the owner the appropriate permit or reg-istration certificate. If the owner needs a Title V permit, DEC may ask the owner to submit addi-tional information before it issues the permit.

HOW TO COMPLY— CONVERSION INCENTIVES

Financing. In 2012, the City of New York announced more than $100 million in financing and other new resources to help owners convert to cleaner fuels. The financing and assistance result from partnerships among leading banks, energy providers, and environmental groups, and are a part of the NYC Clean Heat program. The city is leading the program by committing $5 million to create a loan loss reserve fund through the NYC Energy Efficiency Corporation (NYCEEC) that will enable a significant portion of this private financing and making it accessible to low- and moderate-income buildings. Certain financial institutions and the Community Preservation Cor-poration have committed $90 million in private lending for fuel conversion projects. The city’s Housing Development Corporation and HPD will offer an additional $18 million for mixed-income residential buildings.

NYSERDA. The New York State Energy Research and Development Authority (NYSERDA) offers a portfolio of energy efficiency programs for build-ings with five or more residential units and four or more floors. A former program offering mul-tifamily buildings with five units or more burning #6 heating fuel incentives of up to $175,000 has been discontinued. See www.nyserda.ny.gov/Busi-nessAreas/Energy-Efficiency-and-Renewable-Pro-grams/Multifamily-Performance-Program.aspx.

Con Ed. Con Ed, covering Manhattan, the Bronx, and northern Queens, offers customized plans to assist customers and potential customers with the capital investments needed to convert to natural gas. See www.coned.com/sales/naturalgas/home.asp.

National Grid. National Grid, covering Brook-lyn, Staten Island, and southern Queens, offers cash rebates for installation of natural gas burn-ing equipment of up to $1,000 for a boiler or up to $600 for a furnace. Learn more at www1.national-gridus.com/Heat-NYC-NYM-RES.



Hess. The city’s largest provider of heating oil, Hess Corporation may offer its customers incen-tives to switch to the cleanest burning fuels, includ-ing natural gas, ultra-low sulfur #2 heating oil, and biodiesel. See www.hessenergy.com/solutions/burner.aspx.

DEADLINE

City law. Owners must renew their registration and operation certificates every three years. If they do not, DEP may issue a violation notice for oper-ating the boiler/burner without a valid certificate.

State law. Technically, the deadline for the state-required permit or registration certificate for existing boilers has already passed. But DEC is allowing owners to get a late permit or registration certificate. Owners must return the application form within 45 days after getting a DEC mailing. Owners who have not gotten a DEC notice with instructions and application forms should call the DEC Regional Office (see Appendix A: Telephone direcTory) to get one.

For new boilers or existing boilers that are modi-fied, owners must get the state-required permit or registration certificate before the boiler may be used.

PENALTY FOR FAILURE TO COMPLY

City law. An owner operating a boiler or burner without the required city certificates can be fined anywhere from $350 to $4,000, depending on the capacity of the equipment.

State law. Owners who violate the state law could be fined up to $10,000 per day.

FORMS REQUIRED

To get a registration certificate owners must file an➤ APC 501: Application for Registration—

Fossil Fuel Burning Equipment (05/2011) (see pp. 77–78).

To renew a registration certificate, owners must file a➤ BO9: DOB Boiler Inspection/DEP Boiler

Renewal Request (4/09) (see pp. 79–80).

Owners’ architects or engineers need these forms for an operating certificate:➤ Fossil Fuel Combustion Equipment Application

for Certificate of Operation (APC 5-0);

➤ Stationary Combustion Installation— Application for Permit to Construct or Certificate to Operate (76–19–2); and

➤ Professional Certification.

The contractor named in the application must file the➤ Inspection Request (AR365).

To renew an operating certificate you or the con-tractor must file a➤ BO9: DOB Boiler Inspection/DEP Boiler

Renewal Request (4/09) (see pp. 79–80).

An owner can get these forms from the Bureau of Environmental Compliance Records Control Section.

Owners can download forms from the DOB Web site at www.nyc.gov/html/dob. Click on “I Want to…Find a Form,” then on “Boilers.”

FOR FURTHER INFORMATION

For more information on the city’s registration requirements, contact DEP’s Bureau of Environ-mental Compliance (see Appendix A).

For more information about the state’s registration requirements, contact the DEC Regional Office, the Small Business Environmental Ombudsman, or the Small Business Assistance Program (SBAP) (see Appendix A). The SBAP can also help owners calculate their current emission levels and deter-mine whether these fall within the regulations’ requirements.

For more information about free technical assis-tance to small business owners to help comply with federal or state air emission requirements, go to the Web site of the NYS Environmental Facili-ties Corporation, www.nysefc.org. Click on “Other Programs,” then click on “Small Business Envi-ronmental Assistance Program (SBEAP),” then click on “Information by Business Sector,” then click on “Boilers/Furnaces/Generators.”

For more information on financing, incentives, and technical assistance that may be obtained for buildings that are undergoing fuel conversions,



Admin. Code, §24-109: Registrations generally

(b) No person shall cause or permit the follow-ing unless he or she has first registered with the department:(3) The installation, alteration, use or operation

of any fuel burning equipment which in the aggregate, feeding into a common emission point, has a Btu input or gross output equal to or greater than three hundred fifty thousand Btu per hour but less than one million Btu per hour.

(4) The installation, alteration, use or operation of any fuel burning equipment which in the aggregate, feeding into a common emission point, has a Btu input or gross output equal to or greater than three hundred fifty thousand Btu per hour but less than 2.8 million Btu per hour and which uses a fuel gas, gasoline, or fuel oil grades Nos. 1 or 2 as classified by the American society for testing and materials.

(c) Registration shall be made on forms furnished by the department.(4) The registrant shall maintain the registration

in current status by notifying the commissioner of any change in any item of information fur-nished in compliance with this section, other than a change in ownership, within a reason-able time not to exceed fifteen days.

(d) Registration shall be made by the following persons:(1) If the registrant is a partnership or group other

than a corporation, the registration shall be made by an individual who is a member of the group.

(2) If the registrant is a corporation, the reg-istration shall be made by an officer of the corporation.

(e) Registration shall be made in duplicate. Upon approval thereof, a stamped copy of the registra-

tion shall be returned to the registrant, and shall be displayed in accordance with §24-113 of this sub-chapter.

(f) Registration of equipment or apparatus shall be valid for a period of up to three years from the date of approval of the initial registration or renewal, unless sooner revoked or cancelled by the commissioner. Where a registration is renewed after its expiration, the registration fee charged in accordance with the provisions of this part shall be increased on a monthly pro-rated basis for the period of time between such expiration and renew-al, unless it is shown to the satisfaction of the com-missioner that registration was not required under the provisions of this chapter.

Admin. Code, §24-113: Display of permits, certificates, and other notices; removal or mutilation prohibited

(a) Any permit, certificate or registration required by this code shall be displayed in the vicinity of the equipment on the premises designated on the per-mit or certificate, or in the vicinity of the equip-ment which will be operated or supervised, or in the case of registration pursuant to subdivision (b) of §24-109 of this code, in the vicinity of the prem-ises designated on the registration.

(c) A notice printed in not less than twelve point type shall be displayed in the vicinity of fuel burning equipment using residual oil containing informa-tion as may be prescribed by the commissioner.

Admin. Code, §24-120: Installation and alteration; permit required

No person shall cause or permit the installation or alteration of equipment or apparatus, except as pro-vided in §24-121 of this code, without first obtaining a permit from the commissioner, and such other licenses

TEXT OF LAW

The following laws apply: NYC Administrative Code, §§24-109, 24-113, 24-120 through 24-123, 24-125, 24-128, 24-130 , 28-116.2.3, 28-116.3, 28-116.4.1, 28-118.11, and 28-412.1; NYC Building Code §1704.23; NYC Mechanical Code §§107.1(4), 1004.2, and 1011.1; NYC Fuel Gas Code §631.2; New York Code of Rules and Regulations (NYCRR), Title 6, Part 201, §§201-1.1 and 201-3.2; Rules of the City of New York (RCNY), Title 1, Chapter 15, §§2-02(1), 2-03(e), and 2-15.

visit the NYC Clean Heat program’s Web site at www.nyccleanheat.org. Also visit the Database of State Incentives for Renewables & Efficiency (DSIRE) at www.dsireusa.org.

For more information on utility company incen-tives, contact Con Edison at 1-800-643-1289 or National Grid at 1-877-696-4743.



or permits as may be required by other governmental agencies and departments.

Admin. Code, §24-121: Permits, exemptions

(a) A permit shall not be required for the installa-tion or alteration of the following equipment or apparatus:(5) Fuel burning equipment, other than smoke

house generators, which in the aggregate has a Btu input or gross output of not more than one million Btu per hour.

(6) Fuel burning equipment which in the aggre-gate has a Btu input or a gross output of less than 2.8 million Btu per hour and uses a fuel gas, gasoline or fuel oil grade No. 1 or 2 as clas-sified by the American society for testing and materials.

(b) A permit shall not be required for the installation or alteration of equipment or apparatus in one and two-family dwellings.

(c) Although a permit is not required for the installa-tion or alteration of the equipment or apparatus listed in subdivisions (a) and (b) of this section, such equipment and apparatus shall otherwise comply with this code.

(d) A permit shall not be required to begin an altera-tion of equipment or apparatus if delaying the alteration may endanger life or the supplying of essential services. The department shall be noti-fied in writing of the alteration within twenty-four hours or on the first working day, after the altera-tion is commenced, and an application for a per-mit shall be filed within fourteen days after the day the alteration is commenced.

(e) Nothing in this section shall in any way alter, affect, or change any other requirement or law of any other governmental agency or department.

Admin. Code, §24-122: Operating certificates and renewal of operating certificates; when required

(a) No person shall cause or permit the use or operation of equipment or apparatus for which an installation or alteration permit is required, except for the purpose of testing the equipment or apparatus or for the purpose of testing an experi-mental installation or alteration for a reasonable period of time, not exceeding thirty days, without first obtaining an operating certificate from the commissioner. The provisions of this subdivision concerning an experimental installation or altera-tion shall not apply to an installation or alteration for the purpose of obtaining a sulfur exemption certificate.

(b) Except as provided in subdivision (c) of this sec-tion, or in paragraphs three and four of subdivi-sion (b) of §24-109, no person shall cause or permit the use or operation of the following equipment, or cause or permit the keeping of any such equip-ment so as to be capable of being used or operat-ed, without first obtaining an operating certificate from the commissioner.(1) Fuel burning equipment using liquid, gaseous

or solid fuel;(2) Equipment used in a process;(3) Portable equipment powered by an inter-

nal combustion engine other than a motor vehicle;

(4) Refuse burning equipment, including equip-ment operated by the department;

(5) Any equipment which was required by law to have an operating certificate prior to January ninth, nineteen hundred eighty-three.

(c) An operating certificate is not required for fuel burning equipment or refuse burning equipment which is in a building to be demolished to permit the erection of a new building if:(1) The new building application has been

approved by the department of buildings; and(2) Certificates of eviction have been issued by the

department of housing preservation and devel-opment where required; and

(3) Final order for eviction has been issued.

(d) (1) An operating certificate for equipment, except refuse burning 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.

(3) Where an operating certificate described in paragraph one or paragraph two of this sub-division is renewed after its expiration, the fee for such certificate charged in accordance with the provisions of this chapter shall be increased on a monthly pro-rated basis for the period of time between such expiration and renewal, unless it is shown to the satisfaction of the commissioner that such certificate was not required under the provisions of this title.

(e) An operating certificate is not required for equip-ment or apparatus the installation or operation of which would not require a permit pursuant to §24-121.

(f) If equipment or apparatus for which an operating certificate has been issued is dismantled or rendered inoperable, the owner of such equipment or appa-ratus 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 operating certificate shall not be required for as long as the



equipment or apparatus remains dismantled or inoperable.

Admin. Code, §24-123: General requirements for applications for permits, certificates, and renewal of certificates

(a) Application for an installation or alteration permit, for a certificate or for the renewal of a certificate shall be made by the owner of the equipment or apparatus on forms furnished by the department. If the applicant is a partnership or group other than a corporation, the application shall be made by one individual who is a member of the group. If the applicant is a corporation, the application shall be made by an officer of the corporation.

(b) Applications for permits, and operating cer-tificates required by subdivision (b) of §24-122 of this code, shall be filed at the department of buildings except that such applications shall be filed with the department of ports and trade with respect to buildings under the jurisdiction of such department.

(c) A separate application is required for each unit of equipment or apparatus, unless identical units of equipment or apparatus are to be installed, altered or operated in an identical manner in the same building.

(d) Each application shall be signed by the applicant and professionally certified as to the accuracy of the technical information concerning the equip-ment or apparatus contained in the application, plans and other papers submitted. In the case of an application for the operating certificate required by this code, the certifying engineer or architect shall also certify that he or she inspected the equip-ment and that the equipment satisfies the provi-sions of this code. For the renewal of a certificate, the applicant’s professional engineer or architect shall certify that the equipment satisfies the provi-sions of this code. The signature of the applicant shall constitute an agreement that the applicant will assume responsibility for the installation, alteration or use of the equipment or apparatus concerned in accordance with the requirements of this code.

(e) Application for the renewal of an operating certifi-cate shall be filed no later than ninety days prior to the expiration of the certificate.

(f) Application for an installation or alteration per-mit or for an operating certificate is automatically cancelled if a certificate of workers’ compensation and a certificate of disability insurance is not filed with the department within sixty days after service on the applicant of a notice of failure to file such certificate, exclusive of the day of service.

Admin. Code, §24-125: Standards for granting permits

(a) Except as provided in §24-126 of this code, no permit shall be granted unless the applicant dem-onstrates and/or certifies to the satisfaction of the commissioner that:(1) The equipment is designed and will be installed

or altered to operate in accordance with the provisions of this code;

(2) The equipment incorporates advances in the state of the art of air pollution control devel-oped for the kind and amount of air contami-nant emitted by the applicant’s equipment;

(3) The equipment is designed and will be installed or altered consistent with any regulations for such equipment issued by the commissioner;

(4) Equipment which will have a stack or duct three feet or more in diameter will be provided with:(i) Sampling ports of a size, number and

location as the department may require, and

(ii) Safe access to each port, and(iii) Such other sampling and testing facilities

as the commissioner may require;

(6) When required by the commissioner fuel burn-ing equipment which will use residual fuel oil will be installed with an air contaminant detec-tor together with either a combustion shut-off or, when acceptable to the commissioner, an air contaminant recorder, except that no combustion shutoffshall be required on fuel burning equipment used to generate steam for off-premises sale or electricity;

(7) All parts of the equipment can be readily cleaned and repaired; and

(8) Operation of the equipment will not prevent the attainment or maintenance of applicable emission criteria.

(b) In order to reduce the emission of air contami-nants and to insure optimum combustion in fuel burning equipment and refuse burning equipment, such equipment shall be shown to the satisfaction of the commissioner to:(1) Be of a proper size to handle the planned

load, be located in a proper place, incorporate appropriate apparatus and have proper oper-ating, regulating and control devices; and

(2) Be operated at appropriate times and by appropriate persons; and

(3) Burn fuel or refuse determined by the commis-sioner to be appropriate for the specific size and type of equipment.

(c) The commissioner may require that any equip-ment or apparatus with respect to which a permit is required, or any class or category of such equip-



ment or apparatus, be included on a list of accepted equipment or apparatus maintained by the depart-ment. No acceptance for listing of equipment or apparatus shall be granted unless the applicant demonstrates and/or certifies to the satisfaction of the commissioner that such equipment or appara-tus complies with all applicable provisions of this code (including the requirements of subdivision a and b of this section) and of the rules concerning engineering criteria for fuel burning equipment and such other applicable rules as the commis-sioner may promulgate pursuant to this code. An application for acceptance shall be accompanied by the required fee.

Admin. Code, §24-128: Standards for granting or renewing operating certificates

(a) No operating certificate shall be granted for the use or operation of equipment or apparatus for which an installation or alteration permit is required unless the applicant shows to the satis-faction of the commissioner that the equipment or apparatus satisfies the standards of §24-125 of this code and is installed or altered in accordance with the requirements and conditions contained in the permit, or if installed or altered in a manner which deviates from the permit, that the deviation from the permit does not adversely affect the emission of air contaminant.

(b) No operating certificate shall be granted for the use or operation of existing equipment for which a certificate is required by subdivision (b) of §24-122 of this code unless the applicant files an applica-tion and plans as required by §24-124 of this code for installation and alteration permits, and shows to the satisfaction of the commissioner that: (3) Fuel burning equipment using residual fuel oil

includes the installation and use of:(i) A combustion controller; and(ii) An automatic oil temperature mainte-

nance device; and(iii) An automatic water temperature device

or its equivalent; and(iv) Such additional control apparatus as may

be determined by the commissioner.

(4) Fuel burning equipment using solid fuel includes the installation and use of:(i) A combustion controller; and(ii) An automatic water temperature mainte-

nance device or its equivalent; and(iii) Such additional control apparatus as may

be determined by the commissioner.

(c) No operating certificate shall be renewed for the use or operation of equipment or apparatus unless the applicant shows to the satisfaction of the com-missioner that the equipment or apparatus cov-

ered by such certificate continues to satisfy the standards established in the code or by rules or regulations thereunder in effect on the date of the issuance of the original operating certificate.

(d) An application for an operating certificate or any renewal or reinstatement thereof may be denied by the commissioner if any board penalty against the owner of equipment or apparatus which is the sub-ject of the application has not been complied with or satisfied.

(e) If an owner fails to make application to renew an operating certificate within one hundred eighty days from the date of mailing of notice by the com-missioner that such application is required, such owner shall be required to file a new application for a permit pursuant to §24-125.

Admin. Code, §24-130: Action on applications for permits and certificates

(a) The commissioner shall act within a reasonable time not to exceed sixty days on an application for a permit or certificate, or for a renewal of a certifi-cate, and shall notify the applicant in writing of his or her approval or disapproval of the application.

(b) If an application is disapproved, the commissioner shall set forth his or her objections in the notice of disapproval or notice of violation.

(c) Within sixty days after service on the applicant of the notice of disapproval or notice of violation exclusive of the day of service, the applicant may request the commissioner to reconsider the appli-cation by answering in writing the commissioner’s objection to the application.

(d) The commissioner shall consider the applicant’s answer to his or her objections, and shall notify the applicant in writing within a reasonable time, not to exceed sixty days, of his or her approval or denial of the application. Failure to answer or request an extension of time within sixty days after service of the notice of disapproval or a notice of violation shall be deemed a denial of the application.

(e) The commissioner may grant a temporary operat-ing certificate for a period not to exceed sixty days upon receipt of an application for the granting or renewal of an operating certificate and may, at his or her discretion, renew a temporary operating certificate for an additional period not to exceed sixty days.



Admin. Code, §28-116.2.3: Special inspections and other inspections required during the progress of work

After the issuance of a work permit, special inspections … required by this code to be made during the prog-ress of the work shall be made at such times or at such stages of the work and in such manner as shall be pro-vided by this code or as otherwise required by the com-missioner [of the department of buildings]. The permit application shall set forth an inspection program for the job. Such inspections may be made by approved agencies or by the department as provided in this code or in the rules of the department. Special inspections shall be performed only by individuals who are special inspectors. The commissioner may accept inspection and test reports from approved agencies and special inspectors and the work may, unless otherwise specifi-cally provided by code provisions or directed by the commissioner, proceed without any verifying inspec-tion or test by the department. The names and business addresses of special inspectors and approved agencies shall be set forth in the work permit application. All inspection reports shall be in writing and signed by the person or entity performing the inspection. A record of all inspections shall be kept by the person performing the inspection. The commissioner may require inspec-tion reports to be filed with the department. Records of inspections made by approved agencies and special inspectors shall be maintained by such persons for a period of six years after sign-off of the job or for such other period of time as the commissioner may require and shall be made available to the department upon request.

Admin. Code, §28-116.3: Inspection requests

It shall be the duty of the permit holder to notify the department [of buildings] or the person designated to perform the inspection when work requiring inspec-tion is ready to be inspected. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this code.

Admin. Code, §28-116.4.1: Inspections and sign off of completed work — Issuance of certificate of compliance

The following types of service equipment shall not be operated until the department issues a certificate of compliance after submission of a satisfactory report of inspection and testing of such equipment in accor-dance with this code and all required submittal docu-ments: … 5. Heating systems, 6. Boilers.

Exception: A certificate of compliance shall not be required in connection with work specifically exempt-

ed from permit requirements in accordance with this code or department rules.

Admin. Code, §28-118.11: Certificates of compliance

No certificate of occupancy shall be issued until cer-tificates of compliance are issued for the following types of service equipment: … 5. Heating systems, 6. Boilers.

Admin. Code, §28-412.1: Oil-burning equipment installer license required

It shall be unlawful to install oil-burning equipment in the city unless such work is performed by or under the direct and continuing supervision of a person licensed as an oil-burning equipment installer under the provi-sions of this article.

Building Code, §1704.23: Heating systems

Special Inspection shall be required for new and altered boilers and heating systems. All boilers and heating systems, including chimney connectors, shall be inspected for compliance with the approved con-struction documents. New heating systems shall be tested in accordance with NYC Mechanical Code §1011. Alterations to heating systems shall be subject-ed to applicable tests for the altered portions of the system and to verification of its satisfactory operation within the existing system.

Exception: Tests and inspections need not duplicate any tests or inspections previously certified by the com-missioner or a duly authorized insurance company.

Mechanical Code, §107.1(4): Issuance of Certificate of Compliance

Upon satisfactory inspection of service equipment and the satisfaction of all the requirements for sign-off, the department shall issue a certificate of compliance as applicable for the following service equipment: … 4.4 Heating systems, and 4.5. Boilers.

The requirements of §107.1 shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equip-ment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment has been filled with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure.



Mechanical Code, §1004.2: Installation

In addition to the requirements of this code, the instal-lation of boilers shall conform to the manufacturer’s instructions. Operating instructions of a permanent type shall be attached to the boiler. Boilers shall have all controls set, adjusted and tested by the installer. The manufacturer’s rating data and the nameplate shall be attached to the boiler.

Mechanical Code, §1011.1: Tests

Upon completion of the assembly and installation of boilers and pressure vessels, acceptance tests shall be conducted in accordance with the requirements of the ASME Boiler and Pressure Vessel Code. Boilers shall not be placed in operation upon completion of construction until they have been inspected and tested and a certificate of compliance has been issued by the commissioner. All final inspections and tests for boil-ers shall be made by a qualified boiler inspector in the employ of the department or a duly authorized insur-ance company as provided in §204 of the Labor Law of the State of New York. Equipment having a Btu input of not more than 350,000 Btu/h (103 kW) shall be exempt from this requirement. Where field assem-bly of pressure vessels or boilers is required, a copy of the completed H-2, P-2 or U-1 Manufacturer’s Data Report required by the ASME Boiler and Pressure Vessel Code shall be submitted to the department.

Fuel Gas Code, §631.2: Installation

In addition to the requirements of this code, the instal-lation of boilers shall be in accordance with the manu-facturer’s instructions and the NYC Mechanical Code. Operating instructions of a permanent type shall be attached to the boiler. Boilers shall have all controls set, adjusted and tested by the installer. A complete control diagram together with complete boiler operat-ing instructions shall be furnished by the installer. The manufacturer’s rating data and the nameplate shall be attached to the boiler.

6 NYCRR Part 201 Permits and Registrations, §201-1.1: Purpose and applicability

(a) Purpose. The purpose of this Part is to require owners and operators of air contamination sources to obtain a permit or registration from the depart-ment for the construction and operation of such sources.

(b) Applicability. This Part applies throughout New York State. Except as specifically described in Subpart 201-3 of this Part, owners and operators of air contamination sources must comply with this Part. Owners or operators of major station-ary sources subject to Subpart 201-6 of this Part

must obtain a Title V facility permit. Owners or operators of other emission sources must either register, pursuant to Subpart 201-4 of this Part, or obtain a State facility permit pursuant to Subpart 201-5 of this Part. Owners or operators of emis-sion sources subject to applicable requirements, or the requirement to obtain a Title V facility permit, may request limitations on such source’s poten-tial to emit regulated air pollutants in accordance with Subpart 201-4 or 201-7 of this Part, in order to avoid such applicable requirements. Subpart 201-8 of this Part provides for the issuance of gen-eral permits for stationary sources subject to this Part, except for affected sources under the federal Acid Rain Program, unless otherwise provided in regulations promulgated under Title IV of the Act.

6 NYCRR Part 201 Permits and Registrations, §201-3.2: Exempt activities

(c) The category headings used in the following listing of exempt activities are strictly for organizational purposes and are not intended to be definitive. The following activities are exempt from permitting requirements at non-title V facilities, but must be listed in title V facility permit applications:

Combustion(1) Stationary or portable combustion installa-

tions with:(i) a maximum rated heat input capacity less

than 10 million Btu/hr burning fuels other than coal or wood; or

(ii) a maximum rated heat input capacity of less than one million Btu/hr burning coal or wood.

This activity does not include combustion equipment burning any material classified as a solid waste, as defined in Part 360 of this Title, or waste oil, as defined in Subpart 225-2 of this Title.

15 RCNY §2-02: Definitions [added April 21, 2011]

#2 Oil. “#2 Oil” means fuel oil grade No. 2 as clas-sified by ASTM Standard D396-05 and available for sale and purchase in the City of New York.

#4 Oil. “#4 Oil” means fuel oil grade No. 4 as clas-sified by ASTM Standard D396-05 and available for sale and purchase in the City of New York.

#6 Oil. “#6 Oil” s means fuel oil grade No. 6 as clas-sified by ASTM Standard D396-05 and available for sale and purchase in the City of New York.

AP-42. “AP-42” means the United States Environ-mental Protection Agency publication AP-42, Com-pilation of Air Pollutant Emission Factors, Volume



I: Stationary Point and Area Sources (fifth edition, 1995).

Boiler. “Boiler” has the same meaning as it does in §24-104(9) of the Administrative Code, provided that the boiler is used to heat a building or to provide hot water to the occupants of a building.

Burner. “Burner” means an apparatus for burning fuel that is used to heat a building or to provide hot water to the occupants of a building.

Certificate of Operation. “Certificate of Operation” means an operating certificate as defined in §24-104(12) of the Administrative Code.

In-Kind Replacement. “In-Kind Replacement” means the replacement of a boiler and/or burner with equip-ment of the same make and model number.

Natural Gas. “Natural Gas” means a mixture of meth-ane and other gases with an odorant as supplied by the local utility serving the premises.

NOx. “NOx” means the pollutant Oxides of Nitrogen which is the term used to describe the sum of nitric oxide (NO), nitrogen dioxide (NO2) and other oxides of nitrogen.

PM. “PM” means the pollutant Particulate Matter which is the term for a mixture of solid particles and liquid droplets found in the air.

Work Permit. “Work Permit” means an installation or alteration permit issued by the Commissioner accord-ing to §24-120 of the Administrative Code, which may be converted into a Certificate of Operation after the applicant has satisfied the appropriate provisions of the Administrative Code.

15 RCNY §2-03(e): Prohibition of applications for currently installed equipment. [Effective May 21, 2011]

The Commissioner will not approve an application for a Work Permit or a Certificate of Operation where a Certificate of Operation has been issued at a prem-ises and remains in effect and both the installed boiler and burner remain intact at the premises. However, the existing Certificate of Operation issued for the installed boiler and burner may be renewed.

15 RCNY §2-15: Performance standards for the continued use of #4 Oil and #6 Oil in Heat and Hot Water Boilers. [Effective May 21, 2011 except where otherwise noted]

(a) General Provisions.(1) The Commissioner will not issue a Work Per-

mit or a Certificate of Operation for a boiler and/or burner that uses #4 oil or #6 oil unless

(i) the applicant demonstrates to the satisfac-tion of the Commissioner that the PM and NOx emissions of the #4 oil and/or #6 oil meets the equivalency standards described in this section, or (ii) the applicant enters into a compliance agreement with the Commissioner as provided in this section.

(2) An owner who holds a Certificate of Opera-tion for a boiler and/or burner that uses #4 oil may file an Amendment to convert the boiler and/or burner to use #2 oil and/or natural gas. An owner who holds a Certificate of Opera-tion for a boiler and/or burner that uses #6 oil may file such an Amendment to convert the boiler and/or burner to use #2 oil, #4 oil and/or natural gas. An Amendment pursuant to this paragraph shall not require the replace-ment of a boiler and/or burner.

(3) The Commissioner will not approve any Amendment for a previously issued Work Permit or Certificate of Operation to convert a boiler and/or burner from using #2 oil, #4 oil and/or natural gas to using #6 oil or from using #2 oil and/or natural gas to using #4 oil.

(4) The equivalency levels of PM and NOx as set forth in this section must be demonstrated through (i) the submission by either a Pro-fessional Engineer or Registered Architect licensed under Education Law §§7202 or 7302 of detailed calculations and supporting docu-mentation to verify the equivalency levels or (ii) the submission by the applicant of an equivalency form published by the Depart-ment that provides for calculations based on fuel use, energy values and emission factors from AP-42.

(5) Notwithstanding any other provision in this section, the Commissioner will not issue a Work Permit or a Certificate of Operation for a boiler and/or burner that uses #2 oil, #4 oil, #6 oil and/or natural gas unless the PM and NOx emissions of such boiler and/or burner meets any binding emissions standard established by state and/or federal law or regulation.

(6) Nothing in this section may be interpreted as requiring the Department of Housing Preser-vation, when conducting an emergency repair in accordance with §§27-2125 through 27-2129 of the Administrative Code, to convert a boiler and/or burner to use different fuel or to replace a boiler and/or burner with a boiler and/or burner that uses a different fuel.

(b) Existing Boilers (Renewal). [Effective July 1, 2012](1) The Commissioner may issue a renewal of a

Certificate of Operation for a boiler and/or burner that uses #2 oil, #4 oil and/or natu-



ral gas in accordance with §24-122(d) of the Administrative Code.

(2) The Commissioner will not issue a renewal of a Certificate of Operation for a boiler and/or burner that uses #6 oil, unless (i) the applicant demonstrates to the satisfaction of the Com-missioner that the PM and NOx emissions of the #6 oil to be used in such boiler and/or burner will be equivalent to or less than emis-sions from #4 oil as provided in paragraph 4 of subdivision a of this section, or (ii) the appli-cant enters into a compliance agreement with the Commissioner in accordance with subdivi-sion e of this section.

(3) An owner who holds a Certificate of Opera-tion for a boiler and/or burner that uses #2 oil, #4 oil, #6 oil and/or natural gas, and who seeks to make an in-kind replacement for use with #2 oil, #4 oil and/or natural gas is not required to file a new application for a Work Permit and a subsequent Certificate of Opera-tion. The owner must provide on a form to be designated by the Commissioner the make, model and serial number of the replacement equipment. The previously issued Certificate of Operation may be renewed with the previ-ously issued application number assigned by the Department upon approval of the Amend-ment by the Department.

(4) An owner who holds a Certificate of Opera-tion for a boiler and/or burner and who seeks to replace the boiler and/or burner with equip-ment that is not of the same make and model number must file a new application for a Work Permit and a subsequent Certificate of Opera-tion as provided in §2-03 of this Chapter. The previously issued Certificate of Operation for the previously installed equipment will be cancelled upon receiving the application. The Department will not accept an Amendment to the previously issued Certificate of Operation for such replacement of the equipment.

(c) New Installations (Replacement).(1) All applications for a Work Permit for a boiler

and/or burner must specify that the equip-ment uses #2 oil and/or natural gas, unless the applicant demonstrates to the satisfaction of the Commissioner that the PM and NOx emis-sions of the #4 oil and/or #6 oil to be used in such boiler and/or burner will be equivalent to or less than the emissions from #2 oil as pro-vided in paragraph 4 of subdivision a of this section.

(2) In cases where a Work Permit has been issued prior to the effective date of this rule for a boil-er and/or burner that uses #4 oil or #6 oil, but where a Certificate of Operation has not yet been issued, the owner of the equipment must

file an Amendment specifying the use of #2 oil and/or natural gas, unless the owner demon-strates to the satisfaction of the Commissioner that the PM and NOx emissions of the #4 oil and/or #6 oil to be used in such boiler and/or burner will be equivalent to or less than the emissions from #2 oil as provided in para-graph 4 of subdivision a of this section.

(d) Sunset Provision. [Effective July 1, 2012]Notwithstanding any other provision in this sec-tion, after January 1, 2030, all applications for a Certificate of Operation for a boiler and/or burner must specify that the equipment uses #2 oil and/or natural gas, unless (i) the applicant demonstrates to the satisfaction of the Commissioner that the PM and NOx emissions of the #4 oil or #6 oil to be used in such boiler and/or burner will be equivalent to or less than emissions from #2 oil as provided in paragraph 4 of subdivision a of this section, or, (ii) the applicant is an owner of fifty or more buildings with boilers and/or burners that use #4 oil or #6 oil, and enters into a compliance agreement with the Commissioner in accordance with subdivision e of this section.

(e) Compliance Agreements.(1) A compliance agreement pursuant to subdi-

visions b and d of this section must include a schedule agreed to by the Commissioner for the conversion and/or replacement of boilers and/or burners, and/or demonstration of the required equivalency, until the owner is in full compliance with the provisions of this section.

(2) An owner who applies to enter into a com-pliance agreement must show that conver-sion and/or replacement of the boilers and/or burners, and/or demonstration of the required equivalency, within the time frames set forth in subdivisions b or d of this section for an owner of fifty or more buildings with boilers and/or burners that use #4 or #6 oil, or subdivision b of this section for an owner of fewer than fifty such buildings, would not be feasible or would constitute an undue hardship.

(3) For purposes of paragraph 2 of this subdivi-sion, the Commissioner will consider several factors in considering whether to enter into the compliance agreement, including finan-cial hardship, whether the owner is an equity owner of the buildings, the presence of under-ground tanks that must be remediated because of the conversion in subdivision b of this sec-tion, prior good faith efforts to comply, the scale and timing of commitments to convert to the cleanest fuels, the levels of PM and NOx emitted by the boilers, whether the boilers are located in neighborhoods with high densities of boilers that use #4 oil or #6 oil, and the pub-



lic health consequences of delayed compliance with this section.

(4) An application to enter into an agreement to comply with subdivision b of this section must be filed by January 1, 2013 or the expiration date of the Certification of Operation in effect at the time of the effective date of this section, whichever is sooner.

(5) An application to enter into an agreement to comply with subdivision d of this section must be filed by January 1, 2020.

(6) An application filed according to this subdivi-sion shall be sent to:

Director of the Division of Air and Noise Programs, Enforcement and Policy Bureau of Environmental Compliance New York City Department of Environmental Protection 59-17 Junction Blvd. Flushing, NY11373

(7) The Commissioner will publish in the City Record a written opinion no later than seven days after entering into a compliance agree-ment, stating the facts and reasons leading to his or her decision, as well as a copy of the compliance agreement.

(8) By December 31, 2013, and every year there-after, the Commissioner will publish a report summarizing the number of compliance agree-ments applied for and granted. The report will also summarize the environmental impacts of such compliance agreements and the overall program on tons of PM and NOx in the air.

(9) Notwithstanding this specific compliance pro-vision, §24-110 of the Administrative Code may apply.


Application for Registration — Fossil Fuel Burning Equipment APC 501 (p. 1 of 2)

Rev. 05/2011

FOR GENERAL INFORMATION, QUESTIONS, AND INQUIRIES: Please visit our website at www.nyc.gov/dep or call 311

THE CITY OF NEW YORK

DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Environmental Compliance

59-17 Junction Boulevard, 9th Floor, Flushing, New York 11373-5107 Records Control (718) 595 - 3855

Instructions for Completing Form APC 501

Application for Equipment Registration

Instructions APC 501

Rev. 05/2011

USE THIS FORM FOR EQUIPMENT INSTALLATIONS LOWER THAN 2.8 MILLION BTU MAXIMUM INPUT RATE. PLEASE FILL OUT COMPLETELY. INCOMPLETE FORMS WILL NOT BE ACCEPTED

FOR INSTALLATIONS EQUAL AND GREATER THAN 2.8 MILLION BTU, YOU MUST FILE FORM APC 5.0

BUSINESS OWNER / REPRESENTATIVE INFORMATION:

Applications must be filed / signed by the owner of the equipment. If the applicant is a partnership or group other than a corporation, the application must be made by one individual who is a member of the group. If the applicant is a corporation, the application must be made by an officer of the corporation. NAICS Code refers to the North American Industry Classification System; please visit http://www.census.gov/eos/www/naics/ to find the NAICS Code that applies to your business.

PREMISE INFORMATION: This is the address where the boiler / water heater / warm air heater / heater-chiller are located. Fill out the “Building Owner’s” information if the business owner and building owner (where the equipment is located) is not the same person.

TOTAL INPUT [BTU/HOUR]: When calculating BTUs, you must total the input of all fuel burning equipment which feeds into a common emission point; all units connected / venting to the same chimney (e.g. Boiler + Hot Water Heater connected to the same stack). Add up the results from each box Input [(BTU/Hour) X Number of identical units]

EQUIPMENT MAKE AND MODEL: Name of manufacturer and model number. This is usually found on the name plate.

BURNER MAKE/MODEL: Name of manufacturer and model number of burner. This is usually found on the name plate. Please do NOT provide pump or motor information (e.g. General Electric, 115 Volts, etc.).

FUEL TYPE: After October 1, 2011, the purchase, sale, offer for sale, or transportation of, fuel oil grades no. 2, no. 4 and no. 6, should contain no less than two percent biodiesel. Check the corresponding box indicating the fuel type used in the equipment you are registering. In addition, if the fuel type your equipment uses is a customized blend, please check the “Biodiesel” box and enter the TOTAL percent of Biodiesel.

INPUT (BTU/Hour): Enter the Input BTU/Hour. This information is usually found in the manufacture’s literature or on the name plate. It is a larger number than the Output BTU/Hour.

OUTPUT: Enter the Output BTU/Hour. This information is usually found in the manufacture’s literature or on the name plate. It is a smaller number than the Input BTU/Hour.

FIRING RATE: If firing #2 / B2, Biodiesel = Maximum Gallons per hour (G.P.H.) [1 G.P.H. = 140,000 BTU / Hour]

If firing Natural Gas = Maximum Cubic Feet per hour (C.F.H.) [1 C.F.H. = 1,000 BTU / Hour]

UNIT USAGE: Hours / Day = Varies 4 to 5 hours a day for heating load. Days / Week = For heat and hot water usually 7 days a week. Weeks / Year = 52 weeks or, if seasonal, 36 weeks.

ADD MORE EQUIPMENT THAT HAS NOT BEEN

REGISTERED PREVIOUSLY:

Add equipment that has NOT been previously filed in each box. Submit information for all fuel burning equipment (the boiler / water heater / warm air heater / heater-chiller, etc) with a maximum input rating of under 2.8 Million BTUs

IS THIS EQUIPMENT A REPLACEMENT FOR EQUIPMENT PRESENTLY REGISTERED?

If YES, provide the installation number of the equipment it is replacing. This installation number will be cancelled to avoid future enforcement action against it.

FEES: Fees (for three years) are based on the maximum input rating. 350,000 to less than 1,000,000 BTU / Hr = $110.00 1,000,000 to less than 2,800,000 BTU / Hr = $190.00 Additional copies of Registration = $ 10.00 (If fee exempt, please submit NYC Finance Department Property Tax Exempt Certificate)

IF YOU REQUIRE ADDITIONAL ASSISTANCE IN COMPLETING THIS FORM, PLEASE CALL (718) 595-3855 AND ASK TO SPEAK TO AN ENGINEER


Application for Registration — Fossil Fuel Burning Equipment APC 501 (p. 2 of 2)

Rev. 05/2011

FOR GENERAL INFORMATION, QUESTIONS, AND INQUIRIES: Please visit our website at www.nyc.gov/dep or call 311

THE CITY OF NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Environmental Compliance 59-17 Junction Boulevard, 9th Floor, Flushing, New York 11373 Records Control (718) 595-3855

APPLICATION FOR REGISTRATION FOSSIL FUEL BURNING EQUIPMENT APC501

FOR INTERNAL USE ONLY Fee Enclosed: Tax Exempt:

Application Number:

Review Date: Reviewer’s Name / Initials

Expiration Date: Approved

Disapproved

Business / Owner / Representative Information: PAGE________OF________

PREM

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INFO

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is lo

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Building Owner’s Name Owner’s Telephone Date

Building Owner’s Address Borough / City State Zip

PREMISE HOUSE NUMBER PREMISE STREET NAME PREMISE NAME (IF ANY) BOROUGH ZIP

Floor Room Number (if any) BIN Block Lot Number of apartments

Total Square Feet of floor area

Number of Chimneys

LIST ALL UNITS CONNECTED / VENTING TO SAME CHIMNEY USE ADDITIONAL SHEETS IF NECESSARY STATE TOTAL INPUT IN

BTU/HOUR: Select one: Boiler Warm Air Heater Water Heater Heater / Chiller | Make:______________________________________ Model:_________________________

Primary Fuel

Fuel Type: #2 / B2 Biodiesel _______% Natural Gas Input (BTU/Hour) Output (BTU/Hour)

# Identical Units: ___________

Firing Rate: Gallons/Hour or Cubic Feet/Hour Unit Usage: Hours/Day Days/Week Weeks/Year BURNER INFORMATION: Make:_________________________________________________

Model:________________________________________________

Secondary Fuel

Fuel Type: #2 / B2 Biodiesel _______% Natural Gas

Input (BTU/Hour) Output (BTU/Hour)

Firing Rate: Gallons/Hour or Cubic Feet/Hour Unit Usage: Hours/Day Days/Week Weeks/Year

Is this equipment a replacement for equipment presently registered? YES NO

If YES, Please provide the installation number of the equipment it is replacing: CA/CB #_______________________

ADD MORE EQUIPMENT THAT HAS NOT BEEN REGISTERED PREVIOUSLY: Select one: Boiler Warm Air Heater Water Heater Heater / Chiller | Make:______________________________________ Model:_________________________

Primary Fuel

Fuel Type: #2 / B2 Biodiesel ______% Natural Gas Input (BTU/Hour) Output (BTU/Hour)

# Identical Units: ____________

Firing Rate: Gallons/Hour or Cubic Feet/Hour Unit Usage: Hours/Day Days/Week Weeks/Year BURNER INFORMATION: Make:_________________________________________________

Model:________________________________________________

Secondary Fuel

Fuel Type: #2 / B2 Biodiesel ______% Natural Gas



Is this equipment a replacement for equipment presently registered? YES NO If YES, Please provide the installation number

of the equipment it is replacing: CA/CB #_______________________

Select one: Boiler Warm Air Heater Water Heater Heater / Chiller | Make:______________________________________ Model:_________________________ Primary

Fuel

Fuel Type: #2 / B2 Biodiesel ______% Natural Gas Input (BTU/Hour) Output (BTU/Hour) # Identical Units: ___________

Firing Rate: Gallons/Hour or Cubic Feet/Hour Unit Usage: Hours/Day Days/Week Weeks/Year BURNER INFORMATION:

Make:_________________________________________________

Model:_____________________

Secondary Fuel

Fuel Type: #2 / B2 Biodiesel ______% Natural Gas



Is this equipment a replacement for equipment presently registered? YES NO If YES, Please provide the installation number

of the equipment it is replacing: CA/CB #_______________________

"I HEREBY AFFIRM UNDER PENALTY OF PERJURY THAT THE INFORMATION PROVIDED ON THIS FORM IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE EQUIPMENT WILL BE OPERATED IN ACCORDANCE WITH THE REQUIREMENTS OF THE AIR POLLUTION CONTROL CODE, CHAPTER 1 OF TITLE 24, NEW YORK CITY ADMINISTRATIVE CODE, AND APPROPRIATE REQUIREMENTS OF OTHER AGENCIES. I RECOGNIZE THAT FALSE STATEMENTS ARE PUNISHABLE AS A MISDEMEANOR PURSUANT TO SECTION 24-190 OF THE AIR POLLUTION CONTROL CODE AND SECTION 210.45 OF THE PENAL LAW."

Owner / Representative / Agent Signature Date

________________________________________________ Print Name

BU

SIN

ESS

Full Business Name / If individual then Owner’s Name NAICS Code Business Representative / Agent’s Name Telephone

Business’ Address / Owner’s Address Telephone Business Representative / Agent’s Address

City / Borough State Zip Code City / Borough State Zip Code

Select type of ownership: Sole Proprietorship Partnership LLC Corporation Other:____________________________________________________

Title: Owner President Treasurer Partner Secretary Other:___________________________________________________


BO9: DOB Boiler Inspection Report and DEP Boiler Renewal Request (p. 1 of 2)


BO9: DOB Boiler Inspection Report and DEP Boiler Renewal Request (p. 2 of 2)

NYC Apartment Management Checklist: Boiler/Burner Certification

Real Estate

Transcript of NYC Apartment Management Checklist: Boiler/Burner Certification