NYC Apartment Management Checklist: Boiler/Burner Certification

From the 2014 Apartment Management Checklist,
published by Vendome Real Estate Media: www.VendomeRealEstateMedia.com

Chapter 5

Boiler/Burner Certification

WHO IS AFFECTED

WHAT LAW REQUIRES

City law. All owners of buildings with three or

City law. When owners install a new boiler or
burner or make major alterations to an existing
boiler or burner (e.g., replace equipment on it),
they must get a certificate of compliance from the
Dept. of Buildings (DOB), and either a registration certificate or a certificate of operation for
it from the Dept. of Environmental Protection
(DEP). Owners must also renew DEP registrations and certificates for existing boilers and burners in the building. Owners cannot operate boiler/
burner equipment without the required certificates. The type of certificate owners must get from
DEP depends on the type and amount of fuel their
equipment uses.

more apartments and owners of buildings with
fewer than three apartments that also have commercial space.

State law. Owners of buildings that have the following types of boilers:
■ An oil or gas boiler with a maximum rated
heat input capacity of 10 million BTUs/hour
or more; or
■ A coal- or wood-fired boiler with a maximum
rated heat input capacity of 1 million BTUs/
hour or more.
■ Any type of boiler with the total potential to
emit (PTE) 25 tons or more of oxides of nitrogen. The PTE depends on the type of boiler and
the type of fuel burned. For example, residual
(#4 or #6) oil has a higher nitrogen content
than distillate (#2) oil.

Compliance certificates. Owners cannot operate a boiler and no Certificate of Occupancy will
be issued for new construction until DOB issues
a certificate of compliance after initial inspection
and testing.

If the building has more than one boiler, the state’s
Dept. of Environmental Conservation (DEC) will
look at the total capacity of all the boilers in the
building to see whether they meet the threshold
stated in the regulations (6 NYCRR, Part 201). So
if a building has two oil boilers burning residual
oil that each have a maximum rated heat input
capacity of 9 million BTUs/hour, their total capacity is 18 million BTUs/hour. Therefore, the state
law applies to both boilers. Also, if the building is
one of a few adjacent buildings (e.g., it is part of an
apartment building complex) owned by the same
owner, DEC will look at the total boiler capacity
of all boilers in the complex to determine whether
they meet the threshold stated in the regulations.

Registration certificates. Owners who install

one or more new boilers or burners that use #2 oil
or natural gas and that use an aggregate amount
of 350,000 to less than 2.8 million BTUs of fuel
per hour must get a registration certificate from
DEP. (“Aggregate” refers to the “aggregate load”
rule, which requires owners to apply for registration certificates based on the total capacity of all
their fuel-burning equipment attached to the same
flue or chimney).

Operating certificates. Owners who install one
or more new boilers or burners that use #2 oil, #6
oil, or natural gas and that use 2.8 million or more
BTUs of fuel per hour or use #4 oil and 1.4 million

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5: Boiler/Burner Certification

or more BTUs of fuel per hour, must get a certificate of operation. Boilers or burners using #4 oil
and less than 1.4 million BTUs of fuel per hour are
not allowed.
Effective July 2012, DEP stopped issuing operating certificates for boilers burning #6 oil.
Once an owner gets the proper certificate, he must
renew it every three years. After an owner gets the
approved certificate, he must post it in the boiler
room in the vicinity of the equipment being used.

Fuel oil emissions. Starting in 2011, the city’s
rules phase out the use of #4 and #6 heating oil
when a building’s operating certificate expires.
Buildings that burn #6 oil must convert to #4, #2,
or natural gas between July 1, 2012, and July 1,
2015. For new boilers, owners can install only #2
oil or natural gas. All owners must convert to #2
or natural gas by Jan. 1, 2030.
State law. Owners must get either a one-time
permit or registration certificate for their largercapacity boilers from the state’s DEC.

HOW TO COMPLY—
CITY-ISSUED COMPLIANCE CERTIFICATES
Owners who obtain permits to construct new
buildings or to alter heating systems or boilers
must arrange for special inspections. A program
for these inspections will be set forth in the construction permit application. New heating systems
also must be tested in accordance with the requirements of the ASME Boiler and Pressure Vessel
Code. All final inspections and tests for boilers
must be made by a qualified boiler inspector from
DOB or a duly authorized insurance company.
Equipment with a BTU input of not more than
350,000 BTU/h is exempt from this requirement.
Effective Jan. 1, 2010, if a boiler fails the first test,
DOB will not reinspect for another four weeks if
the reason for failure was one of the following:
■ There was a no-show at the appointment;
■ The cancellation of the appointment was unjustified and not within 48 hours of the scheduled
appointment;
■ The original Schedule C form was not on a
single page; or
■ The original Schedule C form was not signed
or sealed.

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The boiler installation also must be in compliance with the manufacturer’s instructions and the
NYC Mechanical Code. Operating instructions,
manufacturer’s rating data, and nameplate must
be attached to boiler, and the installer must set,
adjust, and test the controls. The installer must
furnish a complete control diagram and operating
instructions. DOB will issue a certificate of compliance after submission of a satisfactory report
of inspection and testing of the new or altered
equipment.

HOW TO COMPLY—
CITY-ISSUED REGISTRATION CERTIFICATES
How to apply. Owners who are operating a boil-

er or burner without a registration certificate must
apply for one to comply with the law. Owners
must file an “Application for Registration” (APC501) with DEP’s Bureau of Environmental Compliance. The forms are available from the Bureau.
The Bureau will mail the owner an original registration certificate in the form of a computer printout,
with a seal. If an owner hires a contractor to install
a new boiler/burner or to do major alteration work
on the system, the owner should ask the contractor
to fill out the registration application and include
that service in the contractor’s fee. Typical agreements with contractors contain clauses obligating
contractors to furnish all certificates and to pay all
filing fees as part of the contract.

How to renew. An owner must renew his registration certificate every three years. An “Application to Renew Operating Certificate/Registration”
(314C) should be sent to the owner in the mail
before the current certificate expires. The renewal
application must be sent to DEP before the current certificate expires. If it is not, DEP may issue
a violation notice for operating the boiler/burner
without a registration certificate. The renewed certificate will expire three years after the last expiration date.
Filing fees. The filing fees are the same for applying for an initial registration certification as they
are for renewing an existing certificate. They are:
$110 for equipment with a BTU maximum rated
input between 350,000 and one million BTUs per
hour, and $190 for equipment with a BTU maximum rated input or maximum gross output of one
million to 2.8 million BTUs per hour.

2014 NYC Apartment Management Checklist


HOW TO COMPLY—
CITY-ISSUED OPERATING CERTIFICATES
An owner who installs a new boiler or burner that
uses #2 oil, #6 oil, or natural gas burning 2.8 million or more BTUs of fuel per hour, or uses #4 oil
burning 1.4 million BTUs or more of fuel per hour,
must get a certificate of operation. To get a certificate of operation, owners must follow a two-stage
process. The first stage is applying for and getting
a work permit that will authorize the contractor
to install a burner or boiler. The second stage is
getting DEP to inspect the equipment after its
installation. DEP will issue a certificate of operation only after the equipment passes its inspection.
Only a licensed architect or engineer can apply for
the work permit—an owner cannot do it himself.
And only a licensed contractor can apply to DEP
for inspection after the work permit is issued.

How to apply.
➤ Step 1: Hire contractor and engineer or architect.

Owners must hire contractors who specialize in
boiler/burner installations and who will help them
buy the equipment best suited to their buildings.
They must also hire a New York State licensed
architect or engineer to plan the installation of
their equipment.
➤ Step 2: Apply for work permit. Owners should
have their engineer or architect apply to the
Bureau of Air, Noise and Hazardous Materials
for a work permit on their behalf by filing a “Fossil Fuel Combustion Equipment Application for
Certificate of Operation” (APC 5-0), “Application
for Certificate to Operate” (#76-19-2), and a “Professional Certification” form. Owners will have to
pay a filing fee for the application.

Step 3: Get work permit. If all is in order with
the application the engineer or architect files, the
owner will be issued a work permit. The work permit allows the owner six months to complete the
boiler/burner installation and schedule an inspection with the Bureau of Environmental Compliance if the installation is not in a new building. The
permit will allow the owner one year to complete
the installation and schedule an inspection if the
installation is in a new building.
➤

Step 4: Apply for inspection. Once the owner’s
boiler/burner is installed, the contractor must
apply to the Bureau of Environmental Compliance for an inspection. He does this by filing an

➤


“Inspection Request” (AR365). The owner must
pay a filing fee equal to the amount he had to pay
to get a work permit.
➤ Step 5: Pass inspection. DEP will send an inspec-

tor to test the new boiler/burner’s efficiency. The
contractor must be present at this inspection. As
part of the test, the inspector will check:
1. Performance, by measuring the stack loss (heat
passing up the chimney) and the presence of
carbon dioxide in the system.
2. Burner limitation, by seeing that the owner’s
equipment is capable of operating at its maximum performance level.
3.
Chimney receptor distance, by seeing that the
required minimum distance exists between
where dangerous toxic gas containing smoke is
released and where it comes into contact with
individuals (i.e., the closest apartment window
or air intake).
4. Visual smoke alarm, by testing this required
device, which senses smoke in the flue pipe.
The owner must adjust his alarm to sound if
his equipment discharges more smoke than
allowed.
5. Opacity of the flue gases, measured with a
Bacharach instrument.
If the equipment fails the inspection, the owner
will get a disapproval notice in the mail and
will have to correct his system within 60 days,
have the contractor reapply for an inspection,
and pay a second filing fee.
➤ Step 6: Get certificate of operation. Once the boiler/burner passes the inspection, DEP will, within
two to three weeks, issue the owner a certificate of
operation. The certificate is valid for three years.

Post certificate. On getting a certificate of operation, the owner must post it on the wall in the
vicinity of the boiler/burner equipment.
How to renew. Owners must renew their certificate of operation every three years. The Bureau
of Environmental Compliance should send the
owner an Application to Renew Operating Certificate/Registration (314C) in the mail before the
current certificate expires. The owner can renew
this certificate by simply sending in the form and
filing fee to the DEP. The form requires that someone certify that the equipment still satisfies DEP
regulations.

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The owner must file the renewal application at
least 90 days before the current certificate of operation expires. If the owner does not, DEP may
issue a violation notice for operating the boiler/
burner without a valid operating certificate. If for
some reason DEP does not send the renewal application, the owner should be sure to get one before
the current certificate expires. The renewed certificate will expire three years after the last expiration
date.

Filing fees. For initially getting a certificate of

operation, the owner will have to pay a full filing fee twice: once when the architect or engineer
applies for a work permit and once when the contractor applies for an inspection. The amount of
the filing fee ranges from $345 to more than $1,400,
depending on the type of fuel the owner uses and
the capacity of the boiler/burner.
If the equipment does not pass inspection because
it fails to meet performance standards, the owner
will have to pay a full filing fee again when applying for a reinspection. The owner will want to
make sure that the contractor is fully complying
with all DEP requirements when the contractor
installs the boiler/burner and that the equipment is
maintained in proper working order.

HOW TO COMPLY—
STATE-ISSUED PERMIT OR
REGISTRATION CERTIFICATE
Owners installing new boilers or modifying existing ones must also apply to the DEC to get the
type of permit or registration certificate needed
before the boiler may be used.
There are three options available. The option the
owner chooses depends on how many tons of pollutants the boiler has the potential to emit and the
owner’s willingness to limit the amount of pollutants it will emit. Owners can request:
1. A registration certificate for boilers that have the
potential to emit the least amount of pollutants;
2. A state permit that limits the amount of fuel
the boiler can burn if the boiler has the potential to emit a larger amount of pollutants; or
3. What is known as a “Title V permit” if the
owner cannot restrict the amount of fuel the
boiler uses and the boiler has the potential to
emit a larger amount of pollutants.

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After it gets the owner’s application form, DEC
will send the owner the appropriate permit or registration certificate. If the owner needs a Title V
permit, DEC may ask the owner to submit additional information before it issues the permit.

HOW TO COMPLY—
CONVERSION INCENTIVES
Financing. In 2012, the City of New York
announced more than $100 million in financing
and other new resources to help owners convert to
cleaner fuels. The financing and assistance result
from partnerships among leading banks, energy
providers, and environmental groups, and are a
part of the NYC Clean Heat program. The city is
leading the program by committing $5 million to
create a loan loss reserve fund through the NYC
Energy Efficiency Corporation (NYCEEC) that
will enable a significant portion of this private
financing and making it accessible to low- and
moderate-income buildings. Certain financial
institutions and the Community Preservation Corporation have committed $90 million in private
lending for fuel conversion projects. The city’s
Housing Development Corporation and HPD will
offer an additional $18 million for mixed-income
residential buildings.
NYSERDA. The New York State Energy Research

and Development Authority (NYSERDA) offers
a portfolio of energy efficiency programs for buildings with five or more residential units and four
or more floors. A former program offering multifamily buildings with five units or more burning
#6 heating fuel incentives of up to $175,000 has
been discontinued. See www.nyserda.ny.gov/BusinessAreas/Energy-Efficiency-and-Renewable-Programs/Multifamily-Performance-Program.aspx.

Con Ed. Con Ed, covering Manhattan, the Bronx,

and northern Queens, offers customized plans to
assist customers and potential customers with the
capital investments needed to convert to natural
gas. See www.coned.com/sales/naturalgas/home.asp.

National Grid. National Grid, covering Brooklyn, Staten Island, and southern Queens, offers
cash rebates for installation of natural gas burning equipment of up to $1,000 for a boiler or up to
$600 for a furnace. Learn more at www1.nationalgridus.com/Heat-NYC-NYM-RES.



Hess. The city’s largest provider of heating oil,

Hess Corporation may offer its customers incentives to switch to the cleanest burning fuels, including natural gas, ultra-low sulfur #2 heating oil,
and biodiesel. See www.hessenergy.com/solutions/
burner.aspx.

DEADLINE
City law. Owners must renew their registration

and operation certificates every three years. If they
do not, DEP may issue a violation notice for operating the boiler/burner without a valid certificate.

State law. Technically, the deadline for the staterequired permit or registration certificate for
existing boilers has already passed. But DEC is
allowing owners to get a late permit or registration
certificate. Owners must return the application
form within 45 days after getting a DEC mailing.
Owners who have not gotten a DEC notice with
instructions and application forms should call the
DEC Regional Office (see Appendix A: Telephone
Directory) to get one.
For new boilers or existing boilers that are modified, owners must get the state-required permit or
registration certificate before the boiler may be
used.

PENALTY FOR FAILURE TO COMPLY
City law. An owner operating a boiler or burner

without the required city certificates can be fined
anywhere from $350 to $4,000, depending on the
capacity of the equipment.

State law. Owners who violate the state law could
be fined up to $10,000 per day.

FORMS REQUIRED
To get a registration certificate owners must file an
➤ APC 501: Application for Registration—

Fossil Fuel Burning Equipment (05/2011)
(see pp. 77–78).

To renew a registration certificate, owners must
file a

Owners’ architects or engineers need these forms
for an operating certificate:
➤ Fossil Fuel Combustion Equipment Application

for Certificate of Operation (APC 5-0);
➤ Stationary Combustion Installation—

Application for Permit to Construct or
Certificate to Operate (76–19–2); and
➤ Professional Certification.

The contractor named in the application must
file the
➤ Inspection Request (AR365).

To renew an operating certificate you or the contractor must file a
➤ BO9: DOB Boiler Inspection/DEP Boiler

Renewal Request (4/09) (see pp. 79–80).

An owner can get these forms from the Bureau
of Environmental Compliance Records Control
Section.
Owners can download forms from the DOB Web
site at www.nyc.gov/html/dob. Click on “I Want
to…Find a Form,” then on “Boilers.”

FOR FURTHER INFORMATION
For more information on the city’s registration
requirements, contact DEP’s Bureau of Environmental Compliance (see Appendix A).
For more information about the state’s registration
requirements, contact the DEC Regional Office,
the Small Business Environmental Ombudsman,
or the Small Business Assistance Program (SBAP)
(see Appendix A). The SBAP can also help owners
calculate their current emission levels and determine whether these fall within the regulations’
requirements.
For more information about free technical assistance to small business owners to help comply
with federal or state air emission requirements, go
to the Web site of the NYS Environmental Facilities Corporation, www.nysefc.org. Click on “Other
Programs,” then click on “Small Business Environmental Assistance Program (SBEAP),” then
click on “Information by Business Sector,” then
click on “Boilers/Furnaces/Generators.”

Renewal Request (4/09) (see pp. 79–80).

For more information on financing, incentives,
and technical assistance that may be obtained for
buildings that are undergoing fuel conversions,


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➤ BO9: DOB Boiler Inspection/DEP Boiler


visit the NYC Clean Heat program’s Web site at
www.nyccleanheat.org. Also visit the Database
of State Incentives for Renewables Efficiency
(DSIRE) at www.dsireusa.org.

For more information on utility company incentives, contact Con Edison at 1-800-643-1289 or
National Grid at 1-877-696-4743.

TEXT OF LAW
The following laws apply: NYC Administrative Code, §§24-109, 24-113, 24-120 through 24-123, 24-125, 24-128,
24-130 , 28-116.2.3, 28-116.3, 28-116.4.1, 28-118.11, and 28-412.1; NYC Building Code §1704.23; NYC
Mechanical Code §§107.1(4), 1004.2, and 1011.1; NYC Fuel Gas Code §631.2; New York Code of Rules and
Regulations (NYCRR), Title 6, Part 201, §§201-1.1 and 201-3.2; Rules of the City of New York (RCNY),
Title 1, Chapter 15, §§2-02(1), 2-03(e), and 2-15.
Admin. Code, §24-109: Registrations generally
(b) No person shall cause or permit the following unless he or she has first registered with the
department:
(3) The installation, alteration, use or operation
of any fuel burning equipment which in the
aggregate, feeding into a common emission
point, has a Btu input or gross output equal to
or greater than three hundred fifty thousand
Btu per hour but less than one million Btu per
hour.
(4) The installation, alteration, use or operation
of any fuel burning equipment which in the
aggregate, feeding into a common emission
point, has a Btu input or gross output equal to
or greater than three hundred fifty thousand
Btu per hour but less than 2.8 million Btu per
hour and which uses a fuel gas, gasoline, or
fuel oil grades Nos. 1 or 2 as classified by the
American society for testing and materials.
(c) Registration shall be made on forms furnished by
the department.
(4) The registrant shall maintain the registration
in current status by notifying the commissioner
of any change in any item of information furnished in compliance with this section, other
than a change in ownership, within a reasonable time not to exceed fifteen days.
(d) Registration shall be made by the following
persons:
(1) If the registrant is a partnership or group other
than a corporation, the registration shall be
made by an individual who is a member of the
group.
(2) If the registrant is a corporation, the registration shall be made by an officer of the
corporation.
(e) Registration shall be made in duplicate. Upon
approval thereof, a stamped copy of the registra-

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tion shall be returned to the registrant, and shall be
displayed in accordance with §24-113 of this subchapter.
(f) Registration of equipment or apparatus shall be
valid for a period of up to three years from the
date of approval of the initial registration or
renewal, unless sooner revoked or cancelled by
the commissioner. Where a registration is renewed
after its expiration, the registration fee charged in
accordance with the provisions of this part shall
be increased on a monthly pro-rated basis for the
period of time between such expiration and renewal, unless it is shown to the satisfaction of the commissioner that registration was not required under
the provisions of this chapter.
Admin. Code, §24-113: Display of permits,
certificates, and other notices; removal or
mutilation prohibited
(a) Any permit, certificate or registration required by
this code shall be displayed in the vicinity of the
equipment on the premises designated on the permit or certificate, or in the vicinity of the equipment which will be operated or supervised, or in
the case of registration pursuant to subdivision (b)
of §24-109 of this code, in the vicinity of the premises designated on the registration.
(c) A notice printed in not less than twelve point type
shall be displayed in the vicinity of fuel burning
equipment using residual oil containing information as may be prescribed by the commissioner.
Admin. Code, §24-120: Installation and alteration;
permit required
No person shall cause or permit the installation or
alteration of equipment or apparatus, except as provided in §24-121 of this code, without first obtaining a
permit from the commissioner, and such other licenses



or permits as may be required by other governmental
agencies and departments.
Admin. Code, §24-121: Permits, exemptions
(a) A permit shall not be required for the installation or alteration of the following equipment or
apparatus:
(5) Fuel burning equipment, other than smoke
house generators, which in the aggregate has a
Btu input or gross output of not more than one
million Btu per hour.
(6) Fuel burning equipment which in the aggregate has a Btu input or a gross output of less
than 2.8 million Btu per hour and uses a fuel
gas, gasoline or fuel oil grade No. 1 or 2 as classified by the American society for testing and
materials.
(b) A permit shall not be required for the installation
or alteration of equipment or apparatus in one and
two-family dwellings.
(c) Although a permit is not required for the installation or alteration of the equipment or apparatus
listed in subdivisions (a) and (b) of this section,
such equipment and apparatus shall otherwise
comply with this code.
(d) A permit shall not be required to begin an alteration of equipment or apparatus if delaying the
alteration may endanger life or the supplying of
essential services. The department shall be notified in writing of the alteration within twenty-four
hours or on the first working day, after the alteration is commenced, and an application for a permit shall be filed within fourteen days after the day
the alteration is commenced.
(e) Nothing in this section shall in any way alter,
affect, or change any other requirement or law of
any other governmental agency or department.
Admin. Code, §24-122: Operating certificates and
renewal of operating certificates; when required
(a) No person shall cause or permit the use or
operation of equipment or apparatus for which
an installation or alteration permit is required,
except for the purpose of testing the equipment or
apparatus or for the purpose of testing an experimental installation or alteration for a reasonable
period of time, not exceeding thirty days, without
first obtaining an operating certificate from the
commissioner. The provisions of this subdivision
concerning an experimental installation or alteration shall not apply to an installation or alteration
for the purpose of obtaining a sulfur exemption
certificate.


(b) Except as provided in subdivision (c) of this section, or in paragraphs three and four of subdivision (b) of §24-109, no person shall cause or permit
the use or operation of the following equipment,
or cause or permit the keeping of any such equipment so as to be capable of being used or operated, without first obtaining an operating certificate
from the commissioner.
(1) Fuel burning equipment using liquid, gaseous
or solid fuel;
(2) Equipment used in a process;
(3) Portable equipment powered by an internal combustion engine other than a motor
vehicle;
(4) Refuse burning equipment, including equipment operated by the department;
(5) Any equipment which was required by law to
have an operating certificate prior to January
ninth, nineteen hundred eighty-three.
(c) An operating certificate is not required for fuel
burning equipment or refuse burning equipment
which is in a building to be demolished to permit
the erection of a new building if:
(1) The new building application has been
approved by the department of buildings; and
(2) Certificates of eviction have been issued by the
department of housing preservation and development where required; and
(3) Final order for eviction has been issued.
(d) (1) n operating certificate for equipment, except
A
refuse burning equipment, shall be valid for a
period of up to three years from the date of
issuance, unless sooner revoked or cancelled
by the commissioner.
(3) Where an operating certificate described in
paragraph one or paragraph two of this subdivision is renewed after its expiration, the
fee for such certificate charged in accordance
with the provisions of this chapter shall be
increased on a monthly pro-rated basis for the
period of time between such expiration and
renewal, unless it is shown to the satisfaction
of the commissioner that such certificate was
not required under the provisions of this title.
(e) An operating certificate is not required for equipment or apparatus the installation or operation
of which would not require a permit pursuant to
§24-121.
(f) If equipment or apparatus for which an operating
certificate has been issued is dismantled or rendered
inoperable, the owner of such equipment or apparatus shall notify the department within twenty
days on forms furnished by the department. If the
commissioner finds to his or her satisfaction that
such equipment or apparatus has been dismantled
or rendered inoperable, renewal of the operating
certificate shall not be required for as long as the

69


equipment or apparatus remains dismantled or
inoperable.
Admin. Code, §24-123: General requirements for
applications for permits, certificates, and renewal
of certificates
(a) Application for an installation or alteration permit,
for a certificate or for the renewal of a certificate
shall be made by the owner of the equipment or
apparatus on forms furnished by the department.
If the applicant is a partnership or group other
than a corporation, the application shall be made
by one individual who is a member of the group. If
the applicant is a corporation, the application shall
be made by an officer of the corporation.
(b) Applications for permits, and operating certificates required by subdivision (b) of §24-122
of this code, shall be filed at the department of
buildings except that such applications shall be
filed with the department of ports and trade with
respect to buildings under the jurisdiction of such
department.
(c) A separate application is required for each unit of
equipment or apparatus, unless identical units of
equipment or apparatus are to be installed, altered
or operated in an identical manner in the same
building.
(d) Each application shall be signed by the applicant
and professionally certified as to the accuracy of
the technical information concerning the equipment or apparatus contained in the application,
plans and other papers submitted. In the case of an
application for the operating certificate required
by this code, the certifying engineer or architect
shall also certify that he or she inspected the equipment and that the equipment satisfies the provisions of this code. For the renewal of a certificate,
the applicant’s professional engineer or architect
shall certify that the equipment satisfies the provisions of this code. The signature of the applicant
shall constitute an agreement that the applicant
will assume responsibility for the installation,
alteration or use of the equipment or apparatus
concerned in accordance with the requirements of
this code.
(e) Application for the renewal of an operating certificate shall be filed no later than ninety days prior to
the expiration of the certificate.
(f) Application for an installation or alteration permit or for an operating certificate is automatically
cancelled if a certificate of workers’ compensation
and a certificate of disability insurance is not filed
with the department within sixty days after service
on the applicant of a notice of failure to file such
certificate, exclusive of the day of service.

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Admin. Code, §24-125: Standards for
granting permits
(a) Except as provided in §24-126 of this code, no
permit shall be granted unless the applicant demonstrates and/or certifies to the satisfaction of the
commissioner that:
(1) The equipment is designed and will be installed
or altered to operate in accordance with the
provisions of this code;
(2) The equipment incorporates advances in the
state of the art of air pollution control developed for the kind and amount of air contaminant emitted by the applicant’s equipment;
(3) The equipment is designed and will be installed
or altered consistent with any regulations for
such equipment issued by the commissioner;
(4) Equipment which will have a stack or duct
three feet or more in diameter will be provided
with:
(i) Sampling ports of a size, number and
location as the department may require,
and
(ii) Safe access to each port, and
(iii) Such other sampling and testing facilities
as the commissioner may require;
(6) When required by the commissioner fuel burning equipment which will use residual fuel oil
will be installed with an air contaminant detector together with either a combustion shutoff or, when acceptable to the commissioner,
an air contaminant recorder, except that no
combustion shutoffshall be required on fuel
burning equipment used to generate steam for
off-premises sale or electricity;
(7) All parts of the equipment can be readily
cleaned and repaired; and
(8) Operation of the equipment will not prevent
the attainment or maintenance of applicable
emission criteria.
(b) In order to reduce the emission of air contaminants and to insure optimum combustion in fuel
burning equipment and refuse burning equipment,
such equipment shall be shown to the satisfaction
of the commissioner to:
(1) Be of a proper size to handle the planned
load, be located in a proper place, incorporate
appropriate apparatus and have proper operating, regulating and control devices; and
(2) Be operated at appropriate times and by
appropriate persons; and
(3) Burn fuel or refuse determined by the commissioner to be appropriate for the specific size
and type of equipment.
(c) The commissioner may require that any equipment or apparatus with respect to which a permit
is required, or any class or category of such equip-



ment or apparatus, be included on a list of accepted
equipment or apparatus maintained by the department. No acceptance for listing of equipment or
apparatus shall be granted unless the applicant
demonstrates and/or certifies to the satisfaction of
the commissioner that such equipment or apparatus complies with all applicable provisions of this
code (including the requirements of subdivision a
and b of this section) and of the rules concerning
engineering criteria for fuel burning equipment
and such other applicable rules as the commissioner may promulgate pursuant to this code. An
application for acceptance shall be accompanied
by the required fee.
Admin. Code, §24-128: Standards for granting or
renewing operating certificates
(a) No operating certificate shall be granted for the
use or operation of equipment or apparatus
for which an installation or alteration permit is
required unless the applicant shows to the satisfaction of the commissioner that the equipment or
apparatus satisfies the standards of §24-125 of this
code and is installed or altered in accordance with
the requirements and conditions contained in the
permit, or if installed or altered in a manner which
deviates from the permit, that the deviation from
the permit does not adversely affect the emission
of air contaminant.
(b) No operating certificate shall be granted for the
use or operation of existing equipment for which a
certificate is required by subdivision (b) of §24-122
of this code unless the applicant files an application and plans as required by §24-124 of this code
for installation and alteration permits, and shows
to the satisfaction of the commissioner that:
(3) Fuel burning equipment using residual fuel oil
includes the installation and use of:
(i) A combustion controller; and
(ii) An automatic oil temperature maintenance device; and
(iii) An automatic water temperature device
or its equivalent; and
(iv) Such additional control apparatus as may
be determined by the commissioner.
(4) Fuel burning equipment using solid fuel
includes the installation and use of:
(i) A combustion controller; and
(ii) An automatic water temperature maintenance device or its equivalent; and
(iii) Such additional control apparatus as may
be determined by the commissioner.

ered by such certificate continues to satisfy the
standards established in the code or by rules or
regulations thereunder in effect on the date of the
issuance of the original operating certificate.
(d) An application for an operating certificate or any
renewal or reinstatement thereof may be denied by
the commissioner if any board penalty against the
owner of equipment or apparatus which is the subject of the application has not been complied with
or satisfied.
(e) If an owner fails to make application to renew an
operating certificate within one hundred eighty
days from the date of mailing of notice by the commissioner that such application is required, such
owner shall be required to file a new application
for a permit pursuant to §24-125.
Admin. Code, §24-130: Action on applications for
permits and certificates
(a) The commissioner shall act within a reasonable
time not to exceed sixty days on an application for
a permit or certificate, or for a renewal of a certificate, and shall notify the applicant in writing of his
or her approval or disapproval of the application.
(b) If an application is disapproved, the commissioner
shall set forth his or her objections in the notice of
disapproval or notice of violation.
(c) Within sixty days after service on the applicant
of the notice of disapproval or notice of violation
exclusive of the day of service, the applicant may
request the commissioner to reconsider the application by answering in writing the commissioner’s
objection to the application.
(d) The commissioner shall consider the applicant’s
answer to his or her objections, and shall notify
the applicant in writing within a reasonable time,
not to exceed sixty days, of his or her approval
or denial of the application. Failure to answer
or request an extension of time within sixty days
after service of the notice of disapproval or a
notice of violation shall be deemed a denial of the
application.
(e) The commissioner may grant a temporary operating certificate for a period not to exceed sixty days
upon receipt of an application for the granting or
renewal of an operating certificate and may, at his
or her discretion, renew a temporary operating
certificate for an additional period not to exceed
sixty days.

(c) No operating certificate shall be renewed for the
use or operation of equipment or apparatus unless
the applicant shows to the satisfaction of the commissioner that the equipment or apparatus cov-


71


Admin. Code, §28-116.2.3: Special inspections
and other inspections required during the
progress of work
After the issuance of a work permit, special inspections
… required by this code to be made during the progress of the work shall be made at such times or at such
stages of the work and in such manner as shall be provided by this code or as otherwise required by the commissioner [of the department of buildings]. The permit
application shall set forth an inspection program for
the job. Such inspections may be made by approved
agencies or by the department as provided in this code
or in the rules of the department. Special inspections
shall be performed only by individuals who are special
inspectors. The commissioner may accept inspection
and test reports from approved agencies and special
inspectors and the work may, unless otherwise specifically provided by code provisions or directed by the
commissioner, proceed without any verifying inspection or test by the department. The names and business
addresses of special inspectors and approved agencies
shall be set forth in the work permit application. All
inspection reports shall be in writing and signed by the
person or entity performing the inspection. A record of
all inspections shall be kept by the person performing
the inspection. The commissioner may require inspection reports to be filed with the department. Records
of inspections made by approved agencies and special
inspectors shall be maintained by such persons for a
period of six years after sign-off of the job or for such
other period of time as the commissioner may require
and shall be made available to the department upon
request.
Admin. Code, §28-116.3: Inspection requests
It shall be the duty of the permit holder to notify the
department [of buildings] or the person designated to
perform the inspection when work requiring inspection is ready to be inspected. It shall be the duty of
the permit holder to provide access to and means for
inspection of such work for any inspections that are
required by this code.
Admin. Code, §28-116.4.1: Inspections and sign
off of completed work — Issuance of certificate
of compliance
The following types of service equipment shall not be
operated until the department issues a certificate of
compliance after submission of a satisfactory report
of inspection and testing of such equipment in accordance with this code and all required submittal documents: … 5. Heating systems, 6. Boilers.
Exception: A certificate of compliance shall not be
required in connection with work specifically exempt-

72

ed from permit requirements in accordance with this
code or department rules.
Admin. Code, §28-118.11: Certificates of
compliance
No certificate of occupancy shall be issued until certificates of compliance are issued for the following
types of service equipment: … 5. Heating systems, 6.
Boilers.
Admin. Code, §28-412.1: Oil-burning equipment
installer license required
It shall be unlawful to install oil-burning equipment in
the city unless such work is performed by or under the
direct and continuing supervision of a person licensed
as an oil-burning equipment installer under the provisions of this article.
Building Code, §1704.23: Heating systems
Special Inspection shall be required for new and
altered boilers and heating systems. All boilers and
heating systems, including chimney connectors, shall
be inspected for compliance with the approved construction documents. New heating systems shall be
tested in accordance with NYC Mechanical Code
§1011. Alterations to heating systems shall be subjected to applicable tests for the altered portions of the
system and to verification of its satisfactory operation
within the existing system.
Exception: Tests and inspections need not duplicate
any tests or inspections previously certified by the commissioner or a duly authorized insurance company.
Mechanical Code, §107.1(4): Issuance of Certificate
of Compliance
Upon satisfactory inspection of service equipment and
the satisfaction of all the requirements for sign-off, the
department shall issue a certificate of compliance as
applicable for the following service equipment: … 4.4
Heating systems, and 4.5. Boilers.
The requirements of §107.1 shall not be considered to
prohibit the operation of any heating equipment or
appliances installed to replace existing heating equipment or appliances serving an occupied portion of a
structure provided that a request for inspection of such
heating equipment has been filled with the department
not more than 48 hours after such replacement work is
completed, and before any portion of such equipment
or appliances is concealed by any permanent portion
of the structure.



Mechanical Code, §1004.2: Installation
In addition to the requirements of this code, the installation of boilers shall conform to the manufacturer’s
instructions. Operating instructions of a permanent
type shall be attached to the boiler. Boilers shall have
all controls set, adjusted and tested by the installer.
The manufacturer’s rating data and the nameplate
shall be attached to the boiler.
Mechanical Code, §1011.1: Tests
Upon completion of the assembly and installation
of boilers and pressure vessels, acceptance tests shall
be conducted in accordance with the requirements of
the ASME Boiler and Pressure Vessel Code. Boilers
shall not be placed in operation upon completion of
construction until they have been inspected and tested
and a certificate of compliance has been issued by the
commissioner. All final inspections and tests for boilers shall be made by a qualified boiler inspector in the
employ of the department or a duly authorized insurance company as provided in §204 of the Labor Law
of the State of New York. Equipment having a Btu
input of not more than 350,000 Btu/h (103 kW) shall
be exempt from this requirement. Where field assembly of pressure vessels or boilers is required, a copy of
the completed H-2, P-2 or U-1 Manufacturer’s Data
Report required by the ASME Boiler and Pressure
Vessel Code shall be submitted to the department.
Fuel Gas Code, §631.2: Installation
In addition to the requirements of this code, the installation of boilers shall be in accordance with the manufacturer’s instructions and the NYC Mechanical Code.
Operating instructions of a permanent type shall be
attached to the boiler. Boilers shall have all controls
set, adjusted and tested by the installer. A complete
control diagram together with complete boiler operating instructions shall be furnished by the installer. The
manufacturer’s rating data and the nameplate shall be
attached to the boiler.
6 NYCRR Part 201 Permits and Registrations,
§201-1.1: Purpose and applicability
(a) Purpose. The purpose of this Part is to require
owners and operators of air contamination sources
to obtain a permit or registration from the department for the construction and operation of such
sources.
(b) Applicability. This Part applies throughout New
York State. Except as specifically described in
Subpart 201-3 of this Part, owners and operators
of air contamination sources must comply with
this Part. Owners or operators of major stationary sources subject to Subpart 201-6 of this Part


must obtain a Title V facility permit. Owners or
operators of other emission sources must either
register, pursuant to Subpart 201-4 of this Part, or
obtain a State facility permit pursuant to Subpart
201-5 of this Part. Owners or operators of emission sources subject to applicable requirements, or
the requirement to obtain a Title V facility permit,
may request limitations on such source’s potential to emit regulated air pollutants in accordance
with Subpart 201-4 or 201-7 of this Part, in order
to avoid such applicable requirements. Subpart
201-8 of this Part provides for the issuance of general permits for stationary sources subject to this
Part, except for affected sources under the federal
Acid Rain Program, unless otherwise provided in
regulations promulgated under Title IV of the Act.
6 NYCRR Part 201 Permits and Registrations,
§201-3.2: Exempt activities
(c) The category headings used in the following listing
of exempt activities are strictly for organizational
purposes and are not intended to be definitive. The
following activities are exempt from permitting
requirements at non-title V facilities, but must be
listed in title V facility permit applications:
Combustion
(1) Stationary or portable combustion installations with:
(i) a maximum rated heat input capacity less
than 10 million Btu/hr burning fuels other
than coal or wood; or
(ii) a maximum rated heat input capacity of
less than one million Btu/hr burning coal
or wood.
This activity does not include combustion
equipment burning any material classified as a
solid waste, as defined in Part 360 of this Title,
or waste oil, as defined in Subpart 225-2 of this
Title.
15 RCNY §2-02: Definitions
[added April 21, 2011]
#2 Oil. “#2 Oil” means fuel oil grade No. 2 as classified by ASTM Standard D396-05 and available for
sale and purchase in the City of New York.
#4 Oil. “#4 Oil” means fuel oil grade No. 4 as classified by ASTM Standard D396-05 and available for
#6 Oil. “#6 Oil” s means fuel oil grade No. 6 as classified by ASTM Standard D396-05 and available for
AP-42. “AP-42” means the United States Environmental Protection Agency publication AP-42, Compilation of Air Pollutant Emission Factors, Volume

73


I: Stationary Point and Area Sources (fifth edition,
1995).
Boiler. “Boiler” has the same meaning as it does in §24104(9) of the Administrative Code, provided that the
boiler is used to heat a building or to provide hot water
to the occupants of a building.
Burner. “Burner” means an apparatus for burning fuel
that is used to heat a building or to provide hot water
to the occupants of a building.
Certificate of Operation. “Certificate of Operation”
means an operating certificate as defined in §24104(12) of the Administrative Code.
In-Kind Replacement. “In-Kind Replacement” means
the replacement of a boiler and/or burner with equipment of the same make and model number.
Natural Gas. “Natural Gas” means a mixture of methane and other gases with an odorant as supplied by the
local utility serving the premises.
NOx. “NOx” means the pollutant Oxides of Nitrogen
which is the term used to describe the sum of nitric
oxide (NO), nitrogen dioxide (NO2) and other oxides
of nitrogen.
PM. “PM” means the pollutant Particulate Matter
which is the term for a mixture of solid particles and
liquid droplets found in the air.
Work Permit. “Work Permit” means an installation or
alteration permit issued by the Commissioner according to §24-120 of the Administrative Code, which may
be converted into a Certificate of Operation after the
applicant has satisfied the appropriate provisions of
the Administrative Code.
15 RCNY §2-03(e): Prohibition of applications
for currently installed equipment.
[Effective May 21, 2011]
The Commissioner will not approve an application
for a Work Permit or a Certificate of Operation where
a Certificate of Operation has been issued at a premises and remains in effect and both the installed boiler
and burner remain intact at the premises. However,
the existing Certificate of Operation issued for the
installed boiler and burner may be renewed.
15 RCNY §2-15: Performance standards for the
continued use of #4 Oil and #6 Oil in Heat
and Hot Water Boilers.
[Effective May 21, 2011 except where
otherwise noted]
(a) General Provisions.
(1) The Commissioner will not issue a Work Permit or a Certificate of Operation for a boiler
and/or burner that uses #4 oil or #6 oil unless

74

(i) the applicant demonstrates to the satisfaction of the Commissioner that the PM and
NOx emissions of the #4 oil and/or #6 oil
meets the equivalency standards described in
this section, or (ii) the applicant enters into a
compliance agreement with the Commissioner
as provided in this section.
(2) An owner who holds a Certificate of Operation for a boiler and/or burner that uses #4 oil
may file an Amendment to convert the boiler
and/or burner to use #2 oil and/or natural gas.
An owner who holds a Certificate of Operation for a boiler and/or burner that uses #6 oil
may file such an Amendment to convert the
boiler and/or burner to use #2 oil, #4 oil and/
or natural gas. An Amendment pursuant to
this paragraph shall not require the replacement of a boiler and/or burner.
(3) The Commissioner will not approve any
Amendment for a previously issued Work
Permit or Certificate of Operation to convert
a boiler and/or burner from using #2 oil, #4
oil and/or natural gas to using #6 oil or from
using #2 oil and/or natural gas to using #4
oil.
(4) The equivalency levels of PM and NOx as set
forth in this section must be demonstrated
through (i) the submission by either a Professional Engineer or Registered Architect
licensed under Education Law §§7202 or 7302
of detailed calculations and supporting documentation to verify the equivalency levels
or (ii) the submission by the applicant of an
equivalency form published by the Department that provides for calculations based on
fuel use, energy values and emission factors
from AP-42.
(5) Notwithstanding any other provision in this
section, the Commissioner will not issue a
Work Permit or a Certificate of Operation for a
boiler and/or burner that uses #2 oil, #4 oil, #6
oil and/or natural gas unless the PM and NOx
emissions of such boiler and/or burner meets
any binding emissions standard established by
state and/or federal law or regulation.
(6) Nothing in this section may be interpreted as
requiring the Department of Housing Preservation, when conducting an emergency repair
in accordance with §§27-2125 through 27-2129
of the Administrative Code, to convert a boiler
and/or burner to use different fuel or to replace
a boiler and/or burner with a boiler and/or
burner that uses a different fuel.
(b) Existing Boilers (Renewal).
[Effective July 1, 2012]
(1) The Commissioner may issue a renewal of a
Certificate of Operation for a boiler and/or
burner that uses #2 oil, #4 oil and/or natu-



ral gas in accordance with §24-122(d) of the
Administrative Code.
(2) The Commissioner will not issue a renewal of
a Certificate of Operation for a boiler and/or
burner that uses #6 oil, unless (i) the applicant
demonstrates to the satisfaction of the Commissioner that the PM and NOx emissions
of the #6 oil to be used in such boiler and/or
burner will be equivalent to or less than emissions from #4 oil as provided in paragraph 4
of subdivision a of this section, or (ii) the applicant enters into a compliance agreement with
the Commissioner in accordance with subdivision e of this section.
(3) An owner who holds a Certificate of Operation for a boiler and/or burner that uses #2
oil, #4 oil, #6 oil and/or natural gas, and who
seeks to make an in-kind replacement for use
with #2 oil, #4 oil and/or natural gas is not
required to file a new application for a Work
Permit and a subsequent Certificate of Operation. The owner must provide on a form to be
designated by the Commissioner the make,
model and serial number of the replacement
equipment. The previously issued Certificate
of Operation may be renewed with the previously issued application number assigned by
the Department upon approval of the Amendment by the Department.
(4) An owner who holds a Certificate of Operation for a boiler and/or burner and who seeks
to replace the boiler and/or burner with equipment that is not of the same make and model
number must file a new application for a Work
Permit and a subsequent Certificate of Operation as provided in §2-03 of this Chapter. The
previously issued Certificate of Operation
for the previously installed equipment will be
cancelled upon receiving the application. The
Department will not accept an Amendment to
the previously issued Certificate of Operation
for such replacement of the equipment.
(c) New Installations (Replacement).
(1) All applications for a Work Permit for a boiler
and/or burner must specify that the equipment uses #2 oil and/or natural gas, unless the
applicant demonstrates to the satisfaction of
the Commissioner that the PM and NOx emissions of the #4 oil and/or #6 oil to be used in
such boiler and/or burner will be equivalent to
or less than the emissions from #2 oil as provided in paragraph 4 of subdivision a of this
section.
(2) In cases where a Work Permit has been issued
prior to the effective date of this rule for a boiler and/or burner that uses #4 oil or #6 oil, but
where a Certificate of Operation has not yet
been issued, the owner of the equipment must


file an Amendment specifying the use of #2 oil
and/or natural gas, unless the owner demonstrates to the satisfaction of the Commissioner
that the PM and NOx emissions of the #4 oil
and/or #6 oil to be used in such boiler and/or
burner will be equivalent to or less than the
emissions from #2 oil as provided in paragraph 4 of subdivision a of this section.
(d) Sunset Provision.
[Effective July 1, 2012]
Notwithstanding any other provision in this section, after January 1, 2030, all applications for a
Certificate of Operation for a boiler and/or burner
must specify that the equipment uses #2 oil and/or
natural gas, unless (i) the applicant demonstrates
to the satisfaction of the Commissioner that the
PM and NOx emissions of the #4 oil or #6 oil to be
used in such boiler and/or burner will be equivalent
to or less than emissions from #2 oil as provided in
paragraph 4 of subdivision a of this section, or, (ii)
the applicant is an owner of fifty or more buildings
with boilers and/or burners that use #4 oil or #6
oil, and enters into a compliance agreement with
the Commissioner in accordance with subdivision
e of this section.
(e) Compliance Agreements.
(1) A compliance agreement pursuant to subdivisions b and d of this section must include a
schedule agreed to by the Commissioner for
the conversion and/or replacement of boilers
and/or burners, and/or demonstration of the
required equivalency, until the owner is in full
compliance with the provisions of this section.
(2) An owner who applies to enter into a compliance agreement must show that conversion and/or replacement of the boilers and/or
burners, and/or demonstration of the required
equivalency, within the time frames set forth in
subdivisions b or d of this section for an owner
of fifty or more buildings with boilers and/or
burners that use #4 or #6 oil, or subdivision b
of this section for an owner of fewer than fifty
such buildings, would not be feasible or would
constitute an undue hardship.
(3) For purposes of paragraph 2 of this subdivision, the Commissioner will consider several
factors in considering whether to enter into
the compliance agreement, including financial hardship, whether the owner is an equity
owner of the buildings, the presence of underground tanks that must be remediated because
of the conversion in subdivision b of this section, prior good faith efforts to comply, the
scale and timing of commitments to convert to
the cleanest fuels, the levels of PM and NOx
emitted by the boilers, whether the boilers are
located in neighborhoods with high densities
of boilers that use #4 oil or #6 oil, and the pub-

75


lic health consequences of delayed compliance
with this section.
(4) An application to enter into an agreement to
comply with subdivision b of this section must
be filed by January 1, 2013 or the expiration
date of the Certification of Operation in effect
at the time of the effective date of this section,
whichever is sooner.
(5) An application to enter into an agreement to
comply with subdivision d of this section must
be filed by January 1, 2020.
(6) An application filed according to this subdivision shall be sent to:
Director of the Division of Air and
Noise Programs,
Enforcement and Policy
Bureau of Environmental Compliance
New York City Department of
Environmental Protection
59-17 Junction Blvd.
Flushing, NY11373

76

(7) The Commissioner will publish in the City
Record a written opinion no later than seven
days after entering into a compliance agreement, stating the facts and reasons leading
to his or her decision, as well as a copy of the
compliance agreement.
(8) By December 31, 2013, and every year thereafter, the Commissioner will publish a report
summarizing the number of compliance agreements applied for and granted. The report will
also summarize the environmental impacts of
such compliance agreements and the overall
program on tons of PM and NOx in the air.
(9) Notwithstanding this specific compliance provision, §24-110 of the Administrative Code
may apply.


Application for Registration —
Fossil Fuel Burning Equipment APC 501 (p. 1 of 2)
Rev. 05/2011

THE CITY OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL PROTECTION

Instructions APC 501
Rev. 05/2011

59-17 Junction Boulevard, 9th Floor, Flushing, New York 11373-5107
Records Control (718) 595 - 3855

Instructions for Completing Form APC 501
Application for Equipment Registration
USE THIS FORM FOR EQUIPMENT INSTALLATIONS LOWER THAN 2.8 MILLION BTU MAXIMUM INPUT RATE.
PLEASE FILL OUT COMPLETELY. INCOMPLETE FORMS WILL NOT BE ACCEPTED
FOR INSTALLATIONS EQUAL AND GREATER THAN 2.8 MILLION BTU, YOU MUST FILE FORM APC 5.0
BUSINESS OWNER / REPRESENTATIVE
INFORMATION:

Applications must be filed / signed by the owner of the equipment. If the applicant is a partnership or
group other than a corporation, the application must be made by one individual who is a member of
the group. If the applicant is a corporation, the application must be made by an officer of the
corporation. NAICS Code refers to the North American Industry Classification System; please visit
http://www.census.gov/eos/www/naics/ to find the NAICS Code that applies to your business.

PREMISE INFORMATION:

This is the address where the boiler / water heater / warm air heater / heater-chiller are located. Fill
out the “Building Owner’s” information if the business owner and building owner (where the equipment
is located) is not the same person.

TOTAL INPUT [BTU/HOUR]:

EQUIPMENT MAKE AND MODEL:

When calculating BTUs, you must total the input of all fuel burning equipment which feeds into a
common emission point; all units connected / venting to the same chimney (e.g. Boiler + Hot Water
Heater connected to the same stack). Add up the results from each box Input [(BTU/Hour) X Number of
identical units]
Name of manufacturer and model number. This is usually found on the name plate.

BURNER MAKE/MODEL:

Name of manufacturer and model number of burner. This is usually found on the name plate. Please
do NOT provide pump or motor information (e.g. General Electric, 115 Volts, etc.).

FUEL TYPE:

After October 1, 2011, the purchase, sale, offer for sale, or transportation of, fuel oil grades no. 2, no. 4 and
no. 6, should contain no less than two percent biodiesel. Check the corresponding box indicating the fuel
type used in the equipment you are registering. In addition, if the fuel type your equipment uses is a
customized blend, please check the “Biodiesel” box and enter the TOTAL percent of Biodiesel.

INPUT (BTU/Hour):
OUTPUT:
FIRING RATE:

Enter the Input BTU/Hour. This information is usually found in the manufacture’s literature or on the
name plate. It is a larger number than the Output BTU/Hour.
Enter the Output BTU/Hour. This information is usually found in the manufacture’s literature or on the
name plate. It is a smaller number than the Input BTU/Hour.
If firing #2 / B2, Biodiesel = Maximum Gallons per hour (G.P.H.)
[1 G.P.H. = 140,000 BTU / Hour]
If firing Natural Gas = Maximum Cubic Feet per hour (C.F.H.)
[1 C.F.H. = 1,000 BTU / Hour]

UNIT USAGE:

Hours / Day
Days / Week
Weeks / Year

=
=
=

Varies 4 to 5 hours a day for heating load.
For heat and hot water usually 7 days a week.
52 weeks or, if seasonal, 36 weeks.

ADD MORE EQUIPMENT THAT HAS NOT BEEN
REGISTERED PREVIOUSLY:

Add equipment that has NOT been previously filed in each box. Submit information for all fuel
burning equipment (the boiler / water heater / warm air heater / heater-chiller, etc) with a maximum
input rating of under 2.8 Million BTUs

IS THIS EQUIPMENT A REPLACEMENT FOR
EQUIPMENT PRESENTLY REGISTERED?

If YES, provide the installation number of the equipment it is replacing. This installation number will
be cancelled to avoid future enforcement action against it.

FEES:

Fees (for three years) are based on the maximum input rating.

350,000 to less than 1,000,000 BTU / Hr
= $110.00
1,000,000 to less than 2,800,000 BTU / Hr
= $190.00
Additional copies of Registration
= $ 10.00
(If fee exempt, please submit NYC Finance Department Property Tax Exempt Certificate)

IF YOU REQUIRE ADDITIONAL ASSISTANCE IN COMPLETING THIS FORM,
PLEASE CALL (718) 595-3855 AND ASK TO SPEAK TO AN ENGINEER

FOR GENERAL INFORMATION, QUESTIONS, AND INQUIRIES: Please visit our website at www.nyc.gov/dep or call 311


77

Application for Registration —
Fossil Fuel Burning Equipment APC 501 (p. 2 of 2)
Rev. 05/2011

THE CITY OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL PROTECTION

FOR INTERNAL USE ONLY
Fee Enclosed:

59-17 Junction Boulevard, 9th Floor, Flushing, New York 11373
Records Control (718) 595-3855

Review Date:

APPLICATION FOR REGISTRATION

Reviewer’s Name / Initials
Approved

BUSINESS

Full Business Name / If individual then Owner’s Name

NAICS Code

Business’ Address / Owner’s Address

Telephone

Business Representative / Agent’s Address

Zip Code

Disapproved

PAGE________OF________
Telephone

Business Representative / Agent’s Name

City / Borough

City / Borough

State

Select type of ownership:
Sole Proprietorship
Partnership

LLC

Title:
Owner

Corporation

INFORMATION

(Location where equipment
is located)

Other:____________________________________________________

PREMISE

Application Number:

Expiration Date:

FOSSIL FUEL BURNING EQUIPMENT APC501
Business / Owner / Representative Information:

Tax Exempt:

State

President

Treasurer

Partner

Owner’s Telephone

Building Owner’s Address

Borough / City

Floor

PREMISE STREET NAME

Room Number (if any)

Date
State

Block

Lot

Number of
apartments

LIST ALL UNITS CONNECTED / VENTING TO SAME CHIMNEY USE ADDITIONAL SHEETS IF NECESSARY

Zip

BOROUGH

PREMISE NAME (IF ANY)

BIN

Secretary

Other:___________________________________________________

Building Owner’s Name

PREMISE HOUSE NUMBER

Zip Code

ZIP

Total Square Feet
of floor area

Number of
Chimneys

STATE TOTAL INPUT IN
BTU/HOUR:

Select one: Boiler Warm Air Heater Water Heater Heater / Chiller | Make:______________________________________ Model:_________________________
Input (BTU/Hour)
Output (BTU/Hour)
Primary
Fuel Type: #2 / B2
Biodiesel _______%
Natural Gas
# Identical Units: ___________
Fuel
Gallons/Hour
Cubic Feet/Hour
Hours/Day
Days/Week
Weeks/Year
BURNER INFORMATION:
or
Firing Rate:
Unit Usage:
Secondary
Fuel

Fuel Type:
Firing Rate:

#2 / B2

Biodiesel _______%

Gallons/Hour

Cubic Feet/Hour

or

Is this equipment a replacement for equipment
presently registered?

Input (BTU/Hour)

Natural Gas

YES

Unit Usage:

Hours/Day

Output (BTU/Hour)
Days/Week

Weeks/Year

Make:______________________
___________________________
Model:_____________________
___________________________

If YES, Please provide the installation number
of the equipment it is replacing: CA/CB #_______________________

NO

ADD MORE EQUIPMENT THAT HAS NOT BEEN REGISTERED PREVIOUSLY:

Select one:
Primary
Fuel
Secondary
Fuel

Boiler

Warm Air Heater

Fuel Type:
Firing Rate:
Fuel Type:
Firing Rate:

#2 / B2

Water Heater

Gallons/Hour

#2 / B2

Biodiesel ______%

Gallons/Hour

Boiler

Secondary
Fuel

Fuel Type:

Warm Air Heater

Fuel Type:
Firing Rate:

Firing Rate:

#2 / B2

Water Heater

#2 / B2

YES

or


Input (BTU/Hour)

Unit Usage:

Hours/Day

Days/Week

Weeks/Year

Output (BTU/Hour)
Days/Week

Weeks/Year

# Identical Units: ____________
BURNER INFORMATION:

Make:______________________
___________________________
Model:_____________________
___________________________


NO

Input (BTU/Hour)

Natural Gas
Cubic Feet/Hour

or

Biodiesel ______%

Gallons/Hour

Hours/Day

Output (BTU/Hour)

Heater / Chiller | Make:______________________________________ Model:_________________________

Biodiesel ______%

Gallons/Hour

Unit Usage:

Natural Gas
Cubic Feet/Hour

or

Input (BTU/Hour)

Natural Gas
Cubic Feet/Hour

or


Select one:
Primary
Fuel

Heater / Chiller | Make:______________________________________ Model:_________________________

Biodiesel ______%

Hours/Day

Input (BTU/Hour)

Natural Gas

Cubic Feet/Hour

YES

Unit Usage:

Unit Usage:

NO

I HEREBY AFFIRM UNDER PENALTY OF PERJURY THAT THE INFORMATION PROVIDED ON THIS FORM IS TRUE TO
THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE EQUIPMENT WILL BE OPERATED IN ACCORDANCE WITH
THE REQUIREMENTS OF THE AIR POLLUTION CONTROL CODE, CHAPTER 1 OF TITLE 24, NEW YORK CITY
ADMINISTRATIVE CODE, AND APPROPRIATE REQUIREMENTS OF OTHER AGENCIES. I RECOGNIZE THAT FALSE
STATEMENTS ARE PUNISHABLE AS A MISDEMEANOR PURSUANT TO SECTION 24-190 OF THE AIR POLLUTION
CONTROL CODE AND SECTION 210.45 OF THE PENAL LAW.

Hours/Day

Output (BTU/Hour)

Days/Week

Weeks/Year

Output (BTU/Hour)
Days/Week

Weeks/Year

# Identical Units: ___________
BURNER INFORMATION:

Make:______________________
___________________________
Model:_____________________


Owner /

Representative / Agent Signature

Date

________________________________________________
Print Name

FOR GENERAL INFORMATION, QUESTIONS, AND INQUIRIES: Please visit our website at www.nyc.gov/dep or call 311

78


BO9: DOB Boiler Inspection Report and DEP Boiler Renewal Request
(p. 1 of 2)


79

BO9: DOB Boiler Inspection Report and DEP Boiler Renewal Request
(p. 2 of 2)

80


NYC Apartment Management Checklist: Boiler/Burner Certification

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