2023 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.