Amendment to the Engineering Standards for Fossil Fuel Boilers and Water Heaters

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, January 15, 2015
Download Copy of Adopted Rule (.pdf): 


Statement of Basis and Purpose of Rule






Section 1403(c) of the New York City Charter and Section 24-105 of the City Administrative Code authorize the commissioner to regulate and control the emission of harmful air pollutants into the open air.




Sections 24-109, 24-122, and 24-125 of the Administrative Code respectively authorize the commissioner


1)      To regulate and control emission sources other than those located in one or two family dwellings and motor vehicles by requiring a registration to be filed with the department; and


2)      Set forth general requirements for applications for work permits, certificates of operation, and renewal of certificates of operation; and provide standards for granting work permits.




Chapter 2 of title 15 provides performance standards and other engineering criteria for oil-burning boilers. The rules were revised earlier this year, after not having been revised since their original promulgation in 1970.




After this year’s revision, DEP received a number of comments from the regulated community. In response, the rule is being amended to expand the universe of individuals who are permitted to be a qualified combustion tester as well as deleting the term qualified combustion tuner, as the term is not used in the rule. The remainder of the paragraphs within the definitions section have been renumbered.