§ 204 — Inspection of boilers; enforcement; fees; identification; exceptions

New York § 204

• Jurisdiction: New York
• Law LAB: Labor
• Art. 7: General Provisions

Text

§ 204. Inspection of boilers; enforcement; fees; identification;\nexceptions. 1. Inspection. The commissioner shall cause to be inspected\nat least once every two years all boilers as defined in this section,\nexcept for high pressure power boilers, antique boilers and miniature\nboilers, which the commissioner shall cause to be inspected at least\nonce each year, and except for boilers inspected and insured by a duly\nauthorized insurance company in accordance with the provisions of\nsubdivision eight of this section and with the rules of the\ncommissioner.\n 2. Enforcement. If upon inspection of a boiler the commissioner finds\na violation of the provisions of this section or of the rules of the\nboard or if the commissioner receives notice from a duly authorized\ninsurance company that the owner or lessee of a boiler has failed, after\nnotice from the insurance company, to comply with the provisions of this\nsection and rules of the board, the commissioner shall issue an order to\nthe owner or lessee directing compliance therewith. If in the judgment\nof the commissioner the boiler is in an unsafe or dangerous condition\nthe commissioner shall order the use of the boiler discontinued until\nsuch dangerous and unsafe condition has been remedied. Such order shall\nbe served upon the owner or lessee of the boiler, personally or by mail.\n 3. Fees. A fee of two hundred dollars shall be charged the owner or\nlessee of each boiler internally inspected and seventy-five dollars for\neach boiler externally inspected by the commissioner, provided however,\nthat the external inspection of multiple boilers connected to a common\nheader or of separate systems owned or leased by the same party and\nlocated in the same building, with a combined input which is 300,000\nBTU/hour or less, shall be charged a single inspection fee, and further\nprovided that, not more than two hundred seventy-five dollars shall be\ncharged for the inspection of any one boiler for any year; except that\nno fee shall be charged for internal or external inspections by the\ncommissioner of an antique steam engine maintained as a hobby and\ndisplayed at agricultural fairs and other gatherings or of a miniature\nboiler.\n 4. Identification of boilers; unfired pressure vessels.\n a. Owners and lessees of boilers shall attach to such boilers the\nnumbers assigned by the commissioner under a penalty of five dollars for\neach day's failure so to do after such numbers have been assigned.\n b. Owners and lessees of unfired pressure vessels shall ensure that\nsuch vessels are constructed in accordance with regulations promulgated\nby the commissioner.\n 5. Exceptions. The provisions of this section shall not apply:\n a. to a boiler subject to inspection by inspectors of steam vessels\nunder the department of transportation;\n b. to a boiler located on a farm and used solely for agricultural\npurposes;\n c. to a steam or vapor boiler operating at a gauge pressure of not\nmore than fifteen pounds per square inch, and which is located in a\ndwelling occupied by less than six families;\n d. to a hot water boiler which is located in a dwelling occupied by\nless than six families;\n e. to a boiler subject to inspection or control by a federal agency;\n f. to the boiler of a miniature model locomotive, boat, tractor or\nstationary engine constructed and maintained as a hobby and not for\ncommercial use, and having a volume of less than two cubic feet and a\ngrate area not in excess of two square feet; and\n g. to any low pressure boiler with a capacity of one hundred thousand\nBritish Thermal Units or less.\n 6. Definitions. a. For purposes of this section, the term "boiler"\nshall mean a closed vessel in which water is heated, steam is generated,\nsteam is superheated, or any combination thereof, under pressure or\nvacuum for use externally to itself by the application of heat from\ncombustible fuels, electricity, or any other source, but shall not\ninclude a device or apparatus used solely to heat water for a hot water\nsupply system. The term "boiler" shall include the apparatus used by\nwhich heat is generated, and all controls and devices related to such\napparatus or to the closed vessel. The term "boiler" also shall include\nfired units for heating or vaporizing liquids other than water where\nthese units are separate from processing systems and are complete within\nthemselves.\n b. The term "miniature boiler" shall mean a nonelectric fired pressure\nvessel which does not exceed inside shell diameter of sixteen inches,\nforty-two inches over-all length of outside to outside of heads at\ncenter, water heating surface of twenty square feet, and maximum\nallowable working pressure of one hundred pounds per square inch.\n c. For the purposes of this section, the term "unfired pressure\nvessel" shall include containers for the containment of internal or\nexternal pressure which may be obtained from an external source or by\nthe application of heat from a direct or indirect source, or any\ncombination thereof, provided however, that the term "unfired pressure\nvessel" shall not include:\n (1) pressure vessels meeting the requirements of the United States\ndepartment of transportation for the shipment of liquids or gases under\npressure;\n (2) air tanks used on vehicles used for carrying passengers or freight\nor used directly in the operation of trains;\n (3) pressure vessels having a volume of five cubic feet or less or\nhaving an inside diameter not exceeding six inches;\n (4) pressure vessels designed for pressures of less than fifteen\npounds per square inch;\n (5) hot water supply storage tanks, provided none of the following\nlimitations is exceeded: (i) a heat input of two hundred thousand BTU's\nper hour; (ii) a water temperature of two hundred ten degrees\nfahrenheit; (iii) a nominal water containing capacity of one hundred\ntwenty gallons;\n (6) pressure vessels under federal control or regulation;\n (7) pressure vessels containing water under pressure, including those\ncontaining air, the compression of which serves only as a cushion, when\nnone of the following limitations are exceeded: (i) a design pressure of\nthirty pounds per square inch; (ii) a design temperature of two hundred\nten degrees fahrenheit; and\n (8) pressure vessels used for agricultural purposes.\n 7. Cities. a. A city which qualifies under the provisions of this\nsubdivision shall enforce the provisions of this section and the rules\nof the board promulgated hereunder and for such purpose shall have the\npowers of the commissioner prescribed in subdivision two of this\nsection. In order to so qualify, a city shall have enacted a local law\nor ordinance requiring an inspection of all boilers required to be\ninspected by the provisions of this section located in such city, which\ninspection shall be conducted with at least the same frequency as is\nrequired by this section, but in no case more often than once a year.\nSuch boilers shall be inspected by competent inspectors employed by the\ncity except boilers inspected and insured by a duly authorized insurance\ncompany in accordance with the provisions of subdivision eight of this\nsection and with the rules of the commissioner.\n b. The fee schedule contained in subdivision three of this section\nshall not apply within a city which qualifies under the provisions of\nthis subdivision. Such a city may, by local law or ordinance, impose\nreasonable fees for the inspection of boilers by the inspecting agency\nof such city.\n 8. Inspection by insurance companies. a. All boilers which are\ninspected by a duly authorized insurance company shall be exempt from\ninspection by the commissioner and by cities which qualify under the\nprovisions of subdivision seven of this section, under the following\nconditions: (1) that inspections by the insurance company are made with\nthe same frequency as is required by this section except that, for all\nsuch boilers located within a city which qualifies under the provisions\nof subdivision seven of this section, inspections are made with the same\nfrequency as is required by such city; (2) that the insurance company\ncomplies with the rules of the commissioner; (3) that the inspectors of\nthe insurance company hold certificates of competency; (4) that the\ninsurance company gives notice to the owner or lessee of each boiler\ninspected listing all violations of any provision of the rules of the\ncommissioner; (5) that a certified copy of the report of each inspection\nis filed with the commissioner or the inspecting agency of such city, as\nthe case may be, within twenty-one days of the inspection, on such forms\nand in such manner as required by the commissioner or the inspecting\nagency of such city, as the case may be. A copy filed with the\ncommissioner shall be accompanied by a non-refundable fee of one hundred\ndollars paid for each boiler inspected. If insurance is refused,\ncancelled or discontinued for the boiler inspected the report shall so\nstate, together with the reasons therefor; the report shall also list\nany instances of the failure of an owner or lessee of the boiler to\ncomply with the rules of the commissioner.\n b. In order to satisfy the inspection requirements of this section,\nall inspections which are made by duly authorized insurance companies\nshall be made by inspectors whose competency has been certified by the\ncommissioner in accordance with the rules of the board. The commissioner\nmay, after a hearing upon notice, suspend or revoke a certificate of\ncompetency in accordance with the rules of the board. The commissioner\nmay require reasonable cooperation from a city which qualifies under the\nprovisions of subdivision seven of this section in the course of his or\nher investigation into the competency of a certified inspector.\n 9. Members of boards. Any member of a boiler inspection examining\nboard or other board created pursuant to rules and regulations of the\ncommissioner to implement this section shall serve without salary or\nother compensation.\n