N.Y. Labor Law § 204: Inspection of boilers; enforcement; fees; identification; exceptions

§ 204. Inspection of boilers; enforcement; fees; identification;

exceptions. 1. Inspection. The commissioner shall cause to be inspected

at least once every two years all boilers as defined in this section,

except for high pressure power boilers, antique boilers and miniature

boilers, which the commissioner shall cause to be inspected at least

once each year, and except for boilers inspected and insured by a duly

authorized insurance company in accordance with the provisions of

subdivision eight of this section and with the rules of the

commissioner.

2. Enforcement. If upon inspection of a boiler the commissioner finds

a violation of the provisions of this section or of the rules of the

board or if the commissioner receives notice from a duly authorized

insurance company that the owner or lessee of a boiler has failed, after

notice from the insurance company, to comply with the provisions of this

section and rules of the board, the commissioner shall issue an order to

the owner or lessee directing compliance therewith. If in the judgment

of the commissioner the boiler is in an unsafe or dangerous condition

the commissioner shall order the use of the boiler discontinued until

such dangerous and unsafe condition has been remedied. Such order shall

be served upon the owner or lessee of the boiler, personally or by mail.

3. Fees. A fee of two hundred dollars shall be charged the owner or

lessee of each boiler internally inspected and seventy-five dollars for

each boiler externally inspected by the commissioner, provided however,

that the external inspection of multiple boilers connected to a common

header or of separate systems owned or leased by the same party and

located in the same building, with a combined input which is 300,000

BTU/hour or less, shall be charged a single inspection fee, and further

provided that, not more than two hundred seventy-five dollars shall be

charged for the inspection of any one boiler for any year; except that

no fee shall be charged for internal or external inspections by the

commissioner of an antique steam engine maintained as a hobby and

displayed at agricultural fairs and other gatherings or of a miniature

boiler.

4. Identification of boilers; unfired pressure vessels.

a. Owners and lessees of boilers shall attach to such boilers the

numbers assigned by the commissioner under a penalty of five dollars for

each day's failure so to do after such numbers have been assigned.

b. Owners and lessees of unfired pressure vessels shall ensure that

such vessels are constructed in accordance with regulations promulgated

by the commissioner.

5. Exceptions. The provisions of this section shall not apply:

a. to a boiler subject to inspection by inspectors of steam vessels

under the department of transportation;

b. to a boiler located on a farm and used solely for agricultural

purposes;

c. to a steam or vapor boiler operating at a gauge pressure of not

more than fifteen pounds per square inch, and which is located in a

dwelling occupied by less than six families;

d. to a hot water boiler which is located in a dwelling occupied by

less than six families;

e. to a boiler subject to inspection or control by a federal agency;

f. to the boiler of a miniature model locomotive, boat, tractor or

stationary engine constructed and maintained as a hobby and not for

commercial use, and having a volume of less than two cubic feet and a

grate area not in excess of two square feet; and

g. to any low pressure boiler with a capacity of one hundred thousand

British Thermal Units or less.

6. Definitions. a. For purposes of this section, the term "boiler"

shall mean a closed vessel in which water is heated, steam is generated,

steam is superheated, or any combination thereof, under pressure or

vacuum for use externally to itself by the application of heat from

combustible fuels, electricity, or any other source, but shall not

include a device or apparatus used solely to heat water for a hot water

supply system. The term "boiler" shall include the apparatus used by

which heat is generated, and all controls and devices related to such

apparatus or to the closed vessel. The term "boiler" also shall include

fired units for heating or vaporizing liquids other than water where

these units are separate from processing systems and are complete within

themselves.

b. The term "miniature boiler" shall mean a nonelectric fired pressure

vessel which does not exceed inside shell diameter of sixteen inches,

forty-two inches over-all length of outside to outside of heads at

center, water heating surface of twenty square feet, and maximum

allowable working pressure of one hundred pounds per square inch.

c. For the purposes of this section, the term "unfired pressure

vessel" shall include containers for the containment of internal or

external pressure which may be obtained from an external source or by

the application of heat from a direct or indirect source, or any

combination thereof, provided however, that the term "unfired pressure

vessel" shall not include:

(1) pressure vessels meeting the requirements of the United States

department of transportation for the shipment of liquids or gases under

pressure;

(2) air tanks used on vehicles used for carrying passengers or freight

or used directly in the operation of trains;

(3) pressure vessels having a volume of five cubic feet or less or

having an inside diameter not exceeding six inches;

(4) pressure vessels designed for pressures of less than fifteen

pounds per square inch;

(5) hot water supply storage tanks, provided none of the following

limitations is exceeded: (i) a heat input of two hundred thousand BTU's

per hour; (ii) a water temperature of two hundred ten degrees

fahrenheit; (iii) a nominal water containing capacity of one hundred

twenty gallons;

(6) pressure vessels under federal control or regulation;

(7) pressure vessels containing water under pressure, including those

containing air, the compression of which serves only as a cushion, when

none of the following limitations are exceeded: (i) a design pressure of

thirty pounds per square inch; (ii) a design temperature of two hundred

ten degrees fahrenheit; and

(8) pressure vessels used for agricultural purposes.

7. Cities. a. A city which qualifies under the provisions of this

subdivision shall enforce the provisions of this section and the rules

of the board promulgated hereunder and for such purpose shall have the

powers of the commissioner prescribed in subdivision two of this

section. In order to so qualify, a city shall have enacted a local law

or ordinance requiring an inspection of all boilers required to be

inspected by the provisions of this section located in such city, which

inspection shall be conducted with at least the same frequency as is

required by this section, but in no case more often than once a year.

Such boilers shall be inspected by competent inspectors employed by the

city except boilers inspected and insured by a duly authorized insurance

company in accordance with the provisions of subdivision eight of this

section and with the rules of the commissioner.

b. The fee schedule contained in subdivision three of this section

shall not apply within a city which qualifies under the provisions of

this subdivision. Such a city may, by local law or ordinance, impose

reasonable fees for the inspection of boilers by the inspecting agency

of such city.

8. Inspection by insurance companies. a. All boilers which are

inspected by a duly authorized insurance company shall be exempt from

inspection by the commissioner and by cities which qualify under the

provisions of subdivision seven of this section, under the following

conditions: (1) that inspections by the insurance company are made with

the same frequency as is required by this section except that, for all

such boilers located within a city which qualifies under the provisions

of subdivision seven of this section, inspections are made with the same

frequency as is required by such city; (2) that the insurance company

complies with the rules of the commissioner; (3) that the inspectors of

the insurance company hold certificates of competency; (4) that the

insurance company gives notice to the owner or lessee of each boiler

inspected listing all violations of any provision of the rules of the

commissioner; (5) that a certified copy of the report of each inspection

is filed with the commissioner or the inspecting agency of such city, as

the case may be, within twenty-one days of the inspection, on such forms

and in such manner as required by the commissioner or the inspecting

agency of such city, as the case may be. A copy filed with the

commissioner shall be accompanied by a non-refundable fee of one hundred

dollars paid for each boiler inspected. If insurance is refused,

cancelled or discontinued for the boiler inspected the report shall so

state, together with the reasons therefor; the report shall also list

any instances of the failure of an owner or lessee of the boiler to

comply with the rules of the commissioner.

b. In order to satisfy the inspection requirements of this section,

all inspections which are made by duly authorized insurance companies

shall be made by inspectors whose competency has been certified by the

commissioner in accordance with the rules of the board. The commissioner

may, after a hearing upon notice, suspend or revoke a certificate of

competency in accordance with the rules of the board. The commissioner

may require reasonable cooperation from a city which qualifies under the

provisions of subdivision seven of this section in the course of his or

her investigation into the competency of a certified inspector.

9. Members of boards. Any member of a boiler inspection examining

board or other board created pursuant to rules and regulations of the

commissioner to implement this section shall serve without salary or

other compensation.