2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) 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
  in  the  case  of  an  antique  steam  engine  maintained as a hobby and
  displayed  at  agricultural  fairs  and  other  gatherings,  a  fee   of
  twenty-five  dollars  only  shall be charged the owner or lessee thereof
  for each boiler internally inspected by the commissioner and  a  fee  of
  twenty-five  dollars  only  shall  be charged for each boiler externally
  inspected by the commissioner, but not more than fifty dollars shall  be
  charged  for  the  inspection  of  any one such boiler for any year, and
  except that in the case of a miniature boiler a  fee  of  fifty  dollars
  only  shall be charged for the inspection of any one such boiler for any
  year. Such fee shall be payable within thirty days after inspection.
    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.