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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by increasing the threshold for boiler registrations from 2.8 million btu (mbtu) per hour to 4.2 mbtu per hour. In order to ensure that boilers that range from 2.8 mbtu per hour to 4.2 mbtu per hour are still subject to certain standards, including a combustion efficiency test, modified standards have been established in a new Section 2-05 (“Application for Registrations”). This newly created section sets forth the criteria that a registration that ranges from 2.8 mbtu per hour to 4.2 mbtu per hour must meet.

This rule also requires that these registrations are subject to the field verification process requirements set forth in Section 2-06.

Consistent with the above, DEP has amended Chapter 2 of Title 15 of the Rules of the City of New York, to apply certain standards for boilers that range from 2.8 mbtu per hour to 4.2 mbtu per hour, which were previously defined as certificates of operation and are now defined as registrations. Subjecting these boilers to the performance requirements set forth in this section will help to regulate and control emission sources.

The Rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-105, and 24-109(b) of the Administrative Code.

Effective Date: 
Mon, 06/13/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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)    To 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 have not been revised since their original promulgation in 1970. Since then, technological advances in boiler design and fuels have rendered many of the current rules obsolete. Since the proposed changes to the existing rules are so extensive, the existing rules are being deleted entirely and replaced with new rules.


The final rules include the following important changes and additions:


  • Provisions are added that address natural gas boilers.
  • References to fuel oil grades #4 and #6 are removed, as relating to the use of such fuels in new boilers, as the installation of new boilers using those fuels is no longer permitted.
  • The current combustion efficiency requirements for carbon dioxide have been deleted, as modern combustion efficiency analyzers now measure oxygen instead.
  • The combustion efficiency requirement for oil-fired boilers is increased from 80 percent to 83 percent, and is established at 80 percent for natural gas-fired boilers.
  • A requirement has been added for annual boiler tune-ups and combustion efficiency tests conducted by a qualified combustion tester using a calibrated combustion analyzer. The test results must be submitted with the application to renew the certificate of operation.
  • The equipment approval process has been changed to allow professional engineers to certify equipment that is not on DEP’s Accepted Equipment list, provided the equipment meets required criteria. Additionally, equipment that is listed by Underwriters’ Laboratory, the Canadian Standards Association, or ETL is also acceptable.  Unlisted or custom equipment will require certification by a professional engineer.
  • Provisions that address condensing boilers are added.
  • Provisions to allow for variances are added.
  • Specific design requirements, such as heat release, combustion chamber, furnace volume, and oil handling, are deleted.
  • Chimney radial distances have been updated for new chimneys to conform to the requirements set forth in the Mechanical Code and Fuel Gas Code.


There are three changes in the Final Rule from the Proposed Rule which was published in November:


  • Clarified in section 2-01 that this rule is applicable to existing and currently installed boilers and water heaters.
  • Language has been amended in section 2-08 to clarify the maximum delivery rate of a burner.
  • Clarified that the requirements in sections 2-04(a)(2) and 2-11(c) are mandatory by changing the words “should” for “must”.


Effective Date: 
Mon, 02/17/2014