Boiler Frequently Asked Questions - Buildings

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Boiler Frequently Asked Questions

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Why did I receive a notice of boiler violation?

Our records indicate that a licensed professional did not submit an inspection report for this boiler to the Department of Buildings for the last inspection cycle (January 1 – December 31). Boilers are required to be inspected annually.

See NYC Administrative Code §28-303 for more information on periodic boiler inspections. See also 1 RCNY 103-01 and §103-05 for information on how civil penalties are determined.

How do I find out how much I owe and pay the violation?

Effective July 22, 2020, boiler violation payments must be paid in DOB NOW: Safety, which will calculate the penalties owed and contains all boiler violation and inspection report data from the Building Information System (BIS) and DOB NOW. To search and pay for a violation, follow these steps:

Use an NYC.ID account to login to DOB NOW at nyc.gov/dobnow. If you need to create an NYC.ID account, visit nyc.gov/dobnowtips for resources and step-by-step instructions.

Select DOB NOW: Safety and then the Violations portal.

From the dashboard select +Violation Payment.

Search by Violation Number, Device Number, Address or BIN. When a device number, address or BIN is entered, all active violations will appear along with the amount of the civil penalty due for each violation.

Select the violation for which you want to pay. Only one violation can be paid at a time.

Click Save. The respondent information on the request is populated from the information found in the NYC.ID account that was used to login to DOB NOW.

Complete the Statements & Signature section and click Save again.

Select Proceed to Pay. You will then be taken to the CityPay portal to complete payment.

Once payment is made, how does it get dismissed?

For 2016 and prior year inspection cycles, payments made in DOB NOW: Safety by credit card will be processed immediately and the violation(s) status will change to Dismissed in the Buildings Information System (BIS). Payments made by eCheck will take up to 10 days to process. An email notification will be sent when the payment has processed, and the violation has been dismissed.

Violations from 2017 or later require a current boiler inspection report in accepted status to have been filed in DOB NOW: Safety. Once payment has been made, the violation will not be dismissed unless an accepted inspection report has been submitted. If an inspection report is submitted, an email notification will be sent, and the violation will be updated to Dismissed status in BIS within 24 hours.

Is there a deadline to pay the violation?

No, there is no deadline to pay the full civil penalty. Violations stay on the property until the civil penalty is paid and a current inspection/test report has been filed. There is no accrued interest. Open violations will stop issuance of a final certificate of occupancy and will negatively affect attempts to re-finance or sell a property.

Can I get the violation waived?

Most violations for failure to file an annual boiler inspection report cannot be dismissed without payment of the full civil penalty. In addition, a current boiler inspection report may be needed to clear violations from prior years. Or, if the device has been removed and/or annual inspection reports are no longer required, then a job filing, and OP49 notification of removal may be required.

To submit a waiver request, follow the below steps:

Use an NYC.ID account to login to DOB NOW at nyc.gov/dobnow. If you need to create an NYC.ID account, visit nyc.gov/dobnowtips for resources and step-by-step instructions.

Select DOB NOW: Safety and then the Violations portal.

From the dashboard select +Civil Penalty Waiver.

Search by Violation Number, Device Number, Address or BIN. When a device number, address or BIN is entered, all active violations will appear. Select the device number and then the specific associated violation(s) for which you want to submit a waiver request and press the +Add button. Only one device can be submitted per application and only five violations can be submitted per device. If there are more than five violations on a device, multiple applications will need to be submitted.

Select the Waiver Request Reason. See 1 RCNY §103-01 and §103-05 for waiver information.

Save the application to proceed. The respondent information on the request is populated from the information found in the DOB NOW profile.

Upload any required supporting documentation on the Documents tab.

Complete the Statements & Signature section and Save the application again.

Select the Pay Now button to submit the payment of $30.00 in DOB NOW portal.

The last step is to select the Submit button. The request will not be reviewed by DOB staff until the Submit button is selected. Payments made by eCheck will take up to 10 days to be processed. An email notification will be sent when the payment has processed, and the request has been sent to DOB staff for review.

An email notification will be sent with the status of the review. If the waiver is granted for all the violations on the device, the violation status in BIS will be updated to dismissed.

What documents do I need to upload with my waiver request?

See 1 RCNY §103-01 and §103-05 for specific information about waiver reasons and the proof that needs to be provided for New Owner, Bankruptcy, Government Ownership, and Small Business First-Time Waivers.

I am a new owner and didn't own the property at the time of violation. Can the violation be waived?

The Department of Buildings does not grant automatic waivers of boiler violations issued to a prior owner. There are limited circumstances, and violation waivers are typically granted only under those circumstances. A final decision will be at the discretion of the Department. You may submit a Boiler Waiver of Civil Penalties request in DOB NOW: Safety. See Can I get the violation waived? for instructions on submitting a waiver if one of the below reasons applies:

The new owner submits a complete Bargain and Sale Deed that includes the recording and endorsement cover page. The documents need to show proof of payment and should be submitted with the NYC Real Property Transfer Tax, NYS Estate Transfer Tax with Exhibits, and the Real Property Transfer Report with the full sale price and signed Certifications.

The new owner filed bankruptcy and provides copy of a bankruptcy petition and proof that the Department was served with a Notice of Bar Date. The final determination for bankruptcy waivers is made by the DOB Legal Department.

The property was demolished before or during that inspection year and the owner can provide a full demolition permit that was signed off by DOB.

The property was formerly owned by a city, state, federal or foreign entity and the new owner can provide satisfactory evidence of this ownership.

The property was purchased through an HPD Third Party Transfer Program and HPD provides a letter stating which boiler violations to waive.

The boiler was replaced under a DOB boiler permit or Limited Alteration Application (LAA) permit during that inspection year and passed inspection that same year or the following year.

First Test Inspection of the boiler was performed during that inspection year.

Please note that transfers of ownership between related parties such as family members (including inheritances), business partners or subsidiaries of the same parent company are not considered change of ownership.

There was no boiler on the property at the time of the violation. Do I still need to pay the violation? How do I resolve this?

When a boiler in a multi-dwelling, SRO, commercial, or mixed-use building is removed and not replaced by another boiler, a licensed professional is required to submit a Boiler Removal Notification (OP49) in DOB NOW: Build within 30 days of removal. In most cases you will need to provide a permit for either the disconnection of the boiler equipment, water and gas lines, electrical, and fuel oil tank (if applicable) or the installation of alternative heating equipment such as an HVAC. If the Boiler Removal Notification is filed more than 30 calendar days after the inspection date, civil penalties will incur in the amount of $50.00 per month (up to a maximum of $500.00 per year). If the building has undergone major renovation, a full demolition or if the boiler is no longer required to file annually due to a change in jurisdiction, contact the Boilers Unit for further information on how to proceed. The owner is responsible for any DOB violations issued for failure to file a Boiler Removal Notification within 30 days or removal or failure to notify the Boilers Unit of a jurisdictional status change.

See Can I get the violation waived? for instructions on submitting a Boiler Waiver of Civil Penalties request.

I received a violation for a device that was located at a property that was demolished. How do I get the violation waived?

An owner may be granted a waiver of civil penalties contingent upon the department's confirmation of the following:

Demolished. That the full demolition of the building occurred prior to the inspection and test cycle for which the report was due and that such demolition was signed-off by the department and/or that a new building permit has been issued for the property.

Sealed or vacated. That the building was ordered to be sealed or vacated by a government agency (i.e. DOB, HPD, FDNY or OEM) or by court order prior to the expiration of the inspection and test cycle for which the report was due.

See Can I get the violation waived? for instructions on submitting a Boiler of Civil Penalties request.

If I need more assistance with submitting a boiler violation payment or waiver, who do I contact?

If you need additional information with the boiler violations portal, submit an inquiry at www.nyc.gov/dobnowhelp.

I filed a boiler inspection report, but I received a violation. How do I get the violation removed?

See Can I get the violation waived? for instructions on submitting a Boiler Waiver of Civil Penalties request.

You need to provide proof that an inspection report was submitted to the Boilers Unit. If the boiler inspection report was submitted on paper, upload a DOB time-stamped copy of the report and proof of payment of the filing fee (if applicable) with the waiver request.

If the filing was submitted before August 14, 2017, search the Buildings Information System to see if there is a record of a submitted report. If not, upload a copy of the inspection report, the front and back of the cashed check to the Department of Buildings, and the Electronic Disc Tracking (EDT) number if applicable with the waiver request. (You may need to contact the licensed professional who performed the inspection to obtain these copies.)

If the filing was submitted after August 14, 2017, search DOB records by address to see if your boiler company submitted an inspection report for the year the violation was issued. Go to DOB NOW and enter your address and click search. Select SAFETY: Compliance Filings, Compliance Type: Boiler. View the Boiler and obtain the Tracking # of a filing with Compliance Report Status as Accepted. If you are associated with the filing you can also log into DOB NOW: Safety and obtain this information from your dashboard. Provide this tracking number in the waiver request Comments section. See Can I get the violation waived? for instructions on submitting a Boiler Waiver of Civil Penalties request.

How do I find out if my property has an open work without a permit violation and how do I correct it?

Go to the Buildings Information System (BIS). Select Building Information Search and use the Search by Property section to find your property. Toward the end of the Property Profile Overview page, select Violations-DOB or Violations-OATH/ECB. If you received an OATH summons for an audit/complaint inspection, you must correct the violating condition(s) and certify correction with the Department. Visit the Resolve an OATH Violation page for more information.

If you received an OATH/ECB violation/summons for a 3-year audit inspection, you must file a complete inspection report in DOB NOW: Safety. See How do I file an inspection report?. If you received a violation for an un-registered boiler you must file for a boiler permit.

How do I file an inspection report?

A licensed professional files the boiler inspection report in DOB NOW: Safety and needs to provide the email address of the owner or owner representative in the report filing. The owner or representative needs to create an NYC.ID account to access DOB NOW. Once the NYC.ID account is activated, the owner gives this email address to their licensed professional to associate the owner with the filing. The owner can use the email address and password to login to DOB NOW where the boiler inspection reports will appear on the dashboard.

How do I print my boiler inspection report?

To print a copy of your boiler inspection report, login to DOB NOW: Safety and under Device Details select the Device ID. In the light orange bar, click the Preview button and then use the menu at the bottom to save or print the report. For more information, download the DOB Now: Safety Boiler Training presentation and visit page 115.

If you are not associated with the filing and it doesn't appear on your dashboard, you can search the DOB NOW Public Portal by address or device number. For more information, download the DOB Now: Safety Boiler Training presentation and visit page 31.

How do I pay the penalty for filing an inspection report late?

The penalty for filing late is paid in DOB NOW: Safety. Log into DOB NOW. Select DOB NOW: Safety and then Boiler (not Violations). Select +Make Civil Penalties Payment. Enter the Boiler ID to proceed with payment.

How do I schedule a new inspection?

If you installed or replaced a boiler under an active DOB permit, the licensed professional can request an inspection at DOB NOW: Inspections.

If a Notice to Call for Inspection (Form LS-4) was posted on your property, please call the telephone number on the notice.

If you received a Cease Use order from the Boiler Division and you want to request a re-inspection to lift this order, please call the Boilers Technical Unit directly at (212) 393-2784 or send an email to BoilerTechnical@buildings.nyc.gov.

I have no hot water in my apartment. How do I file a complaint?

Call 311 or submit an online hot water complaint.

How do I obtain a certificate to operate a boiler?

Contact the Department of Environmental Protection to obtain a Boiler Registration/Certificate of Operation or call the DEP customer service center at (718) 595-7000.

How do I request a triennial inspection?

Contact the Department of Environmental Protection to apply for a triennial renewal inspection of a boiler or call the DEP customer service center at (718) 595-7000.

I am a Small Business Owner. Can I request a waiver of Penalties for Boiler Violations?

Yes, the Small Business First-Time Waiver can be selected to request a first-time waiver of civil penalties for high pressure boiler and low pressure boiler violations. This reason will only be available to select once for each device. Supporting documentation will be required to be uploaded as the Small Business Ownership Required Document.

Where can I find elevator violations issued on a property?

Beginning with 2018-2022 failure to file affirmation of correction for defects reported on high pressure and low pressure boiler inspection reports that were issued in November 2023, boiler violations will only be found in DOB NOW and will not be available in BIS. For a complete record of violations on a property, search in DOB NOW.

I received a violation but don’t recognize the number format. What changed?

Beginning with 2018-2022 failure to file affirmation of correction for defects reported on high pressure and low pressure boiler inspection reports that were issued in November 2023, the violation number format changed and are only found in DOB NOW. See the below example:
New format example: VIO-FTF-BE-EXT-201812-0004321 [violation type]-[cycle end month]-[sequence number]

Helpful Links

Resolving DOB Boiler Violations

Filing Fees & Penalties

Civil Penalty Reference Chart for Low- & High-Pressure Boilers

Buildings Information System