NY Lab L § 204 (2021)
2021 New York Laws LAB - Labor Article 7 - General Provisions 204 - Inspection of Boilers; Enforcement; Fees; Identification; Exceptions.

§  204.  Inspection  of  boilers;  enforcement;  fees; identification; exceptions. 1. Inspection. The commissioner shall cause to be  inspected at  least  once  every two years all boilers as defined in this section, except for high pressure power boilers, antique  boilers  and  miniature boilers,  which  the  commissioner  shall cause to be inspected at least once each year, and except for boilers inspected and insured by  a  duly authorized  insurance  company  in  accordance  with  the  provisions of subdivision  eight  of  this  section  and  with  the   rules   of   the commissioner.   2.  Enforcement. If upon inspection of a boiler the commissioner finds a violation of the provisions of this section or of  the  rules  of  the board  or  if  the  commissioner  receives notice from a duly authorized insurance company that the owner or lessee of a boiler has failed, after notice from the insurance company, to comply with the provisions of this section and rules of the board, the commissioner shall issue an order to the owner or lessee directing compliance therewith. If in  the  judgment of  the  commissioner  the boiler is in an unsafe or dangerous condition the commissioner shall order the use of the  boiler  discontinued  until such  dangerous and unsafe condition has been remedied. Such order shall be served upon the owner or lessee of the boiler, personally or by mail.   3. Fees. A fee of two hundred dollars shall be charged  the  owner  or lessee  of each boiler internally inspected and seventy-five dollars for each boiler externally inspected by the commissioner, provided  however, that  the  external inspection of multiple boilers connected to a common header or of separate systems owned or leased  by  the  same  party  and located  in  the  same  building, with a combined input which is 300,000 BTU/hour or less, shall be charged a single inspection fee, and  further provided  that,  not more than two hundred seventy-five dollars shall be charged for the inspection of any one boiler for any year;  except  that no  fee  shall  be  charged  for internal or external inspections by the commissioner of an antique  steam  engine  maintained  as  a  hobby  and displayed  at  agricultural fairs and other gatherings or of a miniature boiler.   4. Identification of boilers; unfired pressure vessels.   a. Owners and lessees of boilers shall  attach  to  such  boilers  the numbers assigned by the commissioner under a penalty of five dollars for each day's failure so to do after such numbers have been assigned.   b.  Owners  and  lessees of unfired pressure vessels shall ensure that such vessels are constructed in accordance with regulations  promulgated by the commissioner.   5. Exceptions. The provisions of this section shall not apply:   a.  to  a  boiler subject to inspection by inspectors of steam vessels under the department of transportation;   b. to a boiler located on a farm  and  used  solely  for  agricultural purposes;   c.  to  a  steam  or vapor boiler operating at a gauge pressure of not more than fifteen pounds per square inch, and  which  is  located  in  a dwelling occupied by less than six families;   d.  to  a  hot water boiler which is located in a dwelling occupied by less than six families;   e. to a boiler subject to inspection or control by a federal agency;   f. to the boiler of a miniature model  locomotive,  boat,  tractor  or stationary  engine  constructed  and  maintained  as a hobby and not for commercial use, and having a volume of less than two cubic  feet  and  a grate area not in excess of two square feet; and   g.  to any low pressure boiler with a capacity of one hundred thousand British Thermal Units or less.    6. Definitions. a. For purposes of this  section,  the  term  "boiler" shall mean a closed vessel in which water is heated, steam is generated, steam  is  superheated,  or  any  combination thereof, under pressure or vacuum for use externally to itself by  the  application  of  heat  from combustible  fuels,  electricity,  or  any  other  source, but shall not include a device or apparatus used solely to heat water for a hot  water supply  system.    The term "boiler" shall include the apparatus used by which heat is generated, and all controls and devices  related  to  such apparatus  or to the closed vessel. The term "boiler" also shall include fired units for heating or vaporizing liquids  other  than  water  where these units are separate from processing systems and are complete within themselves.   b. The term "miniature boiler" shall mean a nonelectric fired pressure vessel  which  does  not exceed inside shell diameter of sixteen inches, forty-two inches over-all length of  outside  to  outside  of  heads  at center,  water  heating  surface  of  twenty  square  feet,  and maximum allowable working pressure of one hundred pounds per square inch.   c. For the purposes  of  this  section,  the  term  "unfired  pressure vessel"  shall  include  containers  for  the containment of internal or external pressure which may be obtained from an external  source  or  by the  application  of  heat  from  a  direct  or  indirect source, or any combination thereof, provided however, that the term  "unfired  pressure vessel" shall not include:  (1)  pressure  vessels  meeting  the requirements of the United States department of transportation for the shipment of liquids or gases  under pressure;  (2) air tanks used on vehicles used for carrying passengers or freight or used directly in the operation of trains;  (3)  pressure  vessels  having  a volume of five cubic feet or less or having an inside diameter not exceeding six inches;  (4) pressure vessels designed  for  pressures  of  less  than  fifteen pounds per square inch;  (5)  hot  water  supply  storage tanks, provided none of the following limitations is exceeded: (i) a heat input of two hundred thousand  BTU's per   hour;  (ii)  a  water  temperature  of  two  hundred  ten  degrees fahrenheit; (iii) a nominal water containing  capacity  of  one  hundred twenty gallons;  (6) pressure vessels under federal control or regulation;  (7)  pressure vessels containing water under pressure, including those containing air, the compression of which serves only as a cushion,  when none of the following limitations are exceeded: (i) a design pressure of thirty  pounds per square inch; (ii) a design temperature of two hundred ten degrees fahrenheit; and  (8) pressure vessels used for agricultural purposes.   7. Cities. a. A city which qualifies  under  the  provisions  of  this subdivision  shall  enforce the provisions of this section and the rules of the board promulgated hereunder and for such purpose shall  have  the powers  of  the  commissioner  prescribed  in  subdivision  two  of this section. In order to so qualify, a city shall have enacted a  local  law or  ordinance  requiring  an  inspection  of  all boilers required to be inspected by the provisions of this section located in such city,  which inspection  shall  be  conducted  with at least the same frequency as is required by this section, but in no case more often than  once  a  year. Such  boilers shall be inspected by competent inspectors employed by the city except boilers inspected and insured by a duly authorized insurance company in accordance with the provisions of subdivision eight  of  this section and with the rules of the commissioner.    b.  The  fee  schedule  contained in subdivision three of this section shall not apply within a city which qualifies under  the  provisions  of this  subdivision.  Such  a  city may, by local law or ordinance, impose reasonable fees for the inspection of boilers by the  inspecting  agency of such city.   8.  Inspection  by  insurance  companies.  a.  All  boilers  which are inspected by a duly authorized insurance company shall  be  exempt  from inspection  by  the  commissioner  and by cities which qualify under the provisions of subdivision seven of this  section,  under  the  following conditions:  (1) that inspections by the insurance company are made with the same frequency as is required by this section except that,  for  all such  boilers located within a city which qualifies under the provisions of subdivision seven of this section, inspections are made with the same frequency as is required by such city; (2) that  the  insurance  company complies  with the rules of the commissioner; (3) that the inspectors of the insurance company hold certificates  of  competency;  (4)  that  the insurance  company  gives  notice  to the owner or lessee of each boiler inspected listing all violations of any provision of the  rules  of  the commissioner; (5) that a certified copy of the report of each inspection is filed with the commissioner or the inspecting agency of such city, as the case may be, within twenty-one days of the inspection, on such forms and  in  such  manner  as required by the commissioner or the inspecting agency of such city,  as  the  case  may  be.  A  copy  filed  with  the commissioner shall be accompanied by a non-refundable fee of one hundred dollars  paid  for  each  boiler  inspected.  If  insurance  is refused, cancelled or discontinued for the boiler inspected the report  shall  so state,  together  with  the reasons therefor; the report shall also list any instances of the failure of an owner or  lessee  of  the  boiler  to comply with the rules of the commissioner.   b.  In  order  to satisfy the inspection requirements of this section, all inspections which are made by duly  authorized  insurance  companies shall  be  made by inspectors whose competency has been certified by the commissioner in accordance with the rules of the board. The commissioner may, after a hearing upon notice, suspend or  revoke  a  certificate  of competency  in  accordance with the rules of the board. The commissioner may require reasonable cooperation from a city which qualifies under the provisions of subdivision seven of this section in the course of his  or her investigation into the competency of a certified inspector.   9.  Members  of  boards.  Any  member of a boiler inspection examining board or other board created pursuant to rules and  regulations  of  the commissioner  to  implement  this  section shall serve without salary or other compensation.