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Proposed Rules: Closed to Comments

Comment By: 
Wednesday, October 14, 2015
Proposed Rules Content: 


Statement of Basis and Purpose of Proposed Rule


The proposed rule removes language referencing high-pressure boiler inspections conducted by the Department of Buildings because the 2014 Administrative Code amendments transferred this responsibility to the building owner.


The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-303.2of the New York City Administrative Code.


New material is underlined.

[Deleted material is in brackets.]






Department of Buildings
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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

The following rule amendments are promulgated pursuant to the authority of the Commissioner of Buildings under Section 643 and 1043(a) of the New York City Charter and Article 303 of Title 28 of the New York City Administrative Code. Article 303 requires annual inspections of boilers.  Section 28-303.4 authorizes the Commissioner to set the inspection cycle, and section 28-303.7 allows rules regarding the filing of inspection reports.


With the amendments to these rules regarding the annual inspection cycles for boilers, the Department is addressing some administrative issues that affect the deadlines for inspection and submitting reports for high-pressure and low-pressure boilers. The amendments do the following:

  • Allow the current inspection cycle that started on January 1, 2013, as a result of the 2012 inspection cycle extension due to Hurricane Sandy, to end on December 31, 2013. All subsequent inspection cycles for years after 2013 will start on January 1 and end on December 31 of the calendar year. These changes establish the same annual inspection cycle that was used prior to the Department’s cycle change in 2009.
  • Create a conventional annual inspection cycle within a single calendar year that makes it easier for boiler owners to follow. These amendments will make it administratively easier for boiler owners and Department staff to identify the particular inspection cycle that the inspections and/or violations were filed and/or issued.
  • Allow the Department to more easily calculate fees. The Department charges monthly late fees for inspection reports filed after the inspection cycle deadline. Adjusting the annual boiler inspection cycle period to start on January 1 and end on December 31 allows the Department to more easily calculate and determine when it should assess monthly late fees.
  • Make sure that the boiler owner is properly filing records with the Department that are consistent with the active boilers present in the building. These amendments will allow inspection records to be maintained more accurately and the Department to account for boilers in use in city buildings.
  • Alert the Department to the dangerous conditions caused by unregistered boilers. The Department deems unregistered boilers to be a dangerous condition that could threaten the life and safety of building occupants. These amendments allow the Department to be more aware of unregistered boilers by requiring inspectors to immediately notify the Department upon discovering an unregistered boiler during an inspection.
  • Add to the low pressure boiler rule a provision regarding expired inspections that is in the high pressure boiler rule.


Effective Date: 
Sun, 12/29/2013