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Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, January 3, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Code regulates the manufacturing, storage, handling, use and transportation of hazardous materials in New York City, including fuel oil, a combustible liquid.

 

Currently, Section 3405-01 of the Fire Department’s rules (Title 3 of the Rules of the City of New York) allows mobile heating and power generating trailers to operate with a citywide permit, and sets forth permit, supervision, and design and installation requirements. The rule was originally developed in response to the use of these trailers to serve buildings whose heating or electrical systems were undergoing major repairs or replacement and were taken out of service.  The trailers are typically parked on the street and connected to building utilities by piping or electrical lines.

 

Permitting of Mobile Trailers for Outdoor Gatherings

 

When the current rule was promulgated, the Fire Department did not envision that these trailers would be used at public gatherings like street fairs and festivals near large numbers of people, cooking operations, and other activities where their presence may potentially pose a danger to others. In response to this unanticipated use of these trailers, the Fire Department is proposing to amend the rule to clarify when the citywide permit may be used and what it authorizes, and to specifically provide that a site-specific permit, different from the one used for building heating and electrical systems, is required for mobile heating and power generating trailers used at street fairs, bazaars, carnivals, concerts, festivals, and similar outdoor gatherings.

 

Additional Capacity Permitted

 

The Fire Department additionally proposes to amend the rule to increase from 550 gallons to 1200 gallons the fuel oil storage capacity permitted on mobile heating and power generating trailers.  Trailers with 1200-gallon tanks have become the industry standard; use of such trailers has been allowed by the Fire Department by modification (variance) without incident.  Although the rule would allow the on-site storage of a substantial additional amount of fuel, the risk of fire and fuel spills is greatest when the tanks are being filled.  During peak usage, when the equipment is in constant operation, a 550 gallon tank may need to be refueled daily.  The larger tank reduces the need for frequent fueling and therefore reduces the risk of fire or spills.  Accordingly, the Fire Department has concluded that 1200-gallon capacity trailers should be allowed, eliminating the need for special applications and additional fees to obtain permission to use larger tanks.

 

Elimination of Certificate of Fitness Requirement For Most Uses

 

The Fire Department further proposes to amend the rule to provide that mobile heating and power-generating trailers only need to be supervised when connected to a high-pressure boiler.  Personal supervision of most residential heating systems is no longer required by the New York City Department of Buildings (DOB) now that use of #6 fuel oil has been virtually eliminated for environmental reasons and replaced by fuels that do not require pre-heating.  Personal supervision by a DOB-licensed operating engineer continues to be required by DOB for high-pressure boilers.  Accordingly, under this proposal, the requirement of a certificate of fitness would be eliminated where no high-pressure boiler is involved.

 

Rule Clarifications

 

The proposed rule includes two clarifications.  First, the section would be amended to make clear that it applies only to mobile heating and power generating trailers with storage for more than 10 gallons of combustible liquid fuel on the trailer or in the equipment mounted thereon, which  require a permit as set forth in FC105.6 .

 

Second, the scope of the rule would be amended to clarify that a mobile trailer with heating and power generating equipment that stores 10 gallons or less of combustible liquid fuel (or no fuel) in or upon the trailer, but is fueled by an off-vehicle temporary tank, is subject to the permit requirement applicable to combustible liquid fuel storage in the tank (also set forth in FC105.6), rather than the permit requirement applicable to mobile trailers.

 

To summarize, the proposed rule:

 

1.    Clarifies the authorization granted to operate mobile trailers under a citywide permit and makes clear that use at a street fair requires a site-specific permit to address the fire safety concerns associated with operation at such an event;

 

2.    Allows larger (1200-gallon) tanks to be installed on such mobile trailers instead of the current 550 gallon tanks;

 

3.    Eliminates the supervision requirement except for use of such mobile trailers in connection with high-pressure boilers;

 

4.    Clarifies that the rule applies only to mobile heating and power generating trailers that require a permit – that is, trailers with storage for more than 10 gallons of combustible liquid fuel on the trailer or in the equipment mounted thereon; and

 

5.    Clarifies that a mobile trailer with heating and power generating equipment that stores 10 gallons or less of combustible liquid fuel (or no fuel) in or upon the trailer, but is fueled by an off-vehicle temporary tank, is subject to the permit requirement applicable to combustible liquid fuel storage in the tank, not the permit requirement applicable to mobile trailers.

 

Working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. Portions of this proposed rule amendment were identified through this initiative.

 

Text that has been deleted is indicated by [brackets].  Text that has been added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

Guidance with respect to the interpretation of the Fire Code and Fire Department rules may be obtained using the Public Inquiry Form on the Fire Department’s website,http://www1.nyc.gov/site/fdny/about/resources/code-and-rules/nyc-fire-code.page.

 

Subject: 

Storage and Use of Fuel Oil on Mobile Trailers for Heating and Power Generation

Location: 
Fire Department Auditorium
9 MetroTech Center
Brooklyn, NY 11201
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

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

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

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Friday, December 20, 2013
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed 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 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 entirety and replaced with new rules.

 

The new 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 per cent to 83 per cent, and is established at 80 per cent 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. 

 

Subject: 

Engineering Criteria for Fossil Fuel Burning Boilers & Water Heaters

Location: 
DEP-8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

Alyssa Preston
apreston@dep.nyc.gov

Download Copy of Proposed Rule (.pdf):