§103-01 Low Pressure Boiler Inspection and Filing Requirements, Penalties and Waivers

   (a)   Scope. This rule implements Article 303 of Title 28 of the New York City Administrative Code ("Administrative Code") by specifying the low pressure boiler annual inspection requirements, the processes through which the department shall regulate the filings of low pressure boiler annual inspection reports and shall issue penalties and waivers for failure to file and/or late filing, and the penalties for failure to file and/or untimely filing of a written notice of removal or disconnection of a low pressure boiler.

   (b)   References. See §§28-201.2.2, 28-202.1 and Article 303 of Title 28 of the Administrative Code and 1 RCNY §101-07 of this chapter.

   (c)   Definitions. For the purposes of this section, the following terms shall have the following meanings:

      (1)   Filing deadline. For the low pressure boiler annual inspection report or any part of that report, forty-five (45) days from the inspection date.

      (2)   First Test. An inspection of a newly installed or replaced boiler required for the department to approve its use and operation.

      (3)   Inspection cycle. January 1st through December 31st of the calendar year for which the report is being submitted. Annual inspections must be at least six (6) months apart.

      (4)   Late filing. An inspection report or any part of that report filed after the forty-five (45) day filing deadline but in no event more than twelve (12) months from the date of the inspection.

      (5)   Owner. Any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in, or control of, the premises and/or boiler.

      (6)   Removal or disconnection. Removal or discontinuance, pursuant to §28-303.8 of the Administrative Code.

      (7)   Waiver. Removal of the obligation to pay a penalty associated with a violation. A waiver does not result in dismissal of the violation.

   (d)   Owner's responsibilities.

      (1)   Inspection and report filing. An owner must comply with the inspection requirements and must file low pressure boiler annual inspection reports pursuant to Article 303 of Title 28 of the Administrative Code and in accordance with Section 101-07 of this chapter.

      (2)   Notification. An owner shall notify the department's Boiler Division within thirty (30) days of the owner's change of address or sale of the premises housing the boiler. The owner must reference the department's boiler number in all correspondence.

      (3)   New owner. A new owner is responsible for inspection in the year that he or she purchases the building, only if he or she purchases the building on or before June 30 of that year.

   (e)   Acceptance of filings. Inspection reports filed after the forty-five (45) day filing deadline but within twelve (12) months of the inspection date will be considered late filings and will be subject to the appropriate civil penalties as set forth in subdivision (f) of this section. Reports filed after such twelve (12) month period will be considered expired. In such cases, owners will be subject to the appropriate civil penalties for failure to file an inspection report, as set forth in subdivision (f) of this section, and the department will require a new inspection to be performed for the current inspection cycle and a new report filed in accordance with this section.

   (f)   Civil penalties, low pressure boiler annual inspection report.

      (1)   Failure to file. An owner who fails to file the low pressure boiler annual inspection report or any part thereof for each boiler, pursuant to Article 303 of Title 28 of the Administrative Code and this section, shall be liable for a civil penalty of not less than one thousand dollars ($1000.00) per boiler. In accordance with 1 RCNY §101-07 of this chapter, a low pressure boiler annual inspection report not filed within twelve (12) months from the date of the inspection shall be deemed expired and shall not be accepted by the department.

      (2)   Late filing. An owner who submits a late filing, but who provides proof that the inspection took place within the inspection cycle for which the report was due, shall be liable for a civil penalty of not less than fifty dollars ($50.00) per month, per boiler, commencing on the day following the filing deadline and ending on the date of submission of a complete report, including a late filing of the boiler certificate of affirmation. The total penalty shall not exceed six hundred dollars ($600.00) per boiler. For the purposes of this paragraph, "proof" shall mean a notarized affidavit from the approved boiler inspector who conducted the inspection with his or her seal stating that the inspection was completed within the inspection cycle for which the report was due.

      (3)   Challenge of civil penalty. An owner may challenge the imposition of any civil penalty authorized to be imposed pursuant to this subdivision by providing written proof of a timely and complete inspection and filing to the department. Challenges shall be made in writing within thirty (30) days from the date of service of the violation by the department and sent to the office/unit of the department that issued the violation. The decision to dismiss or uphold the penalty shall be at the sole discretion of the department. Examples of such proof shall include, but are not limited to, the following:

         (i)   A copy of the boiler inspection report for the inspection performed during the applicable inspection cycle and a copy of the front and back of the canceled check or money order to the department for the boiler inspection report fee; or

         (ii)   The department-assigned transmittal number for the electronic disk filing report.

      (4)   Extension of the filing deadline. An owner may request an extension of the filing deadline in order to correct low pressure boiler defects and file a certification that identified defects have been corrected in accordance with 1 RCNY §101-07 of this chapter, upon submission of proof that the request is based on extraordinary circumstances and/or that the delay in correction is beyond the owner's control, not including financial or administrative hardship. The request shall be made prior to the expiration of the filing deadline and shall be made on such forms and in such manner as required by the commissioner.

      (5)   Waiver of penalties. An owner may request a waiver of penalties assessed for violation of §28-303.2 of the Administrative Code, §27-793 of the 1968 Building Code and/or related rules enforced by the department. Requests shall be made in writing.

         (i)   Owner status.

            (A)   New owner. A new owner may be granted a waiver of penalties contingent upon the department's acceptance of the owner's proof that transfer of ownership to the new owner occurred after penalties were incurred. Such a waiver is limited to one of the following circumstances: 

               ((a))   The new owner has obtained full tax exemption status from the New York City Department of Finance; or 

               ((b))   The new owner submits proof to the department (such as a certificate from the Department of Housing Preservation and Development) that he or she took title to the property as part of an economic development program sponsored by a government agency.

            (B)   Government ownership. An owner may be granted a waiver of penalties upon submission of official documentation from a government entity affirming that the premises was owned in its entirety by the entity during the period for which a waiver is requested.

            (C)   Bankruptcy. An owner may be granted a waiver of penalties upon submission of a copy of a bankruptcy petition, together with proof that either the department or the New York City Law Department was served with a "Notice of Bar Date".

         (ii)   Device status. An owner may be granted a waiver of penalties contingent upon the department's acceptance of proof of the following:

            (A)   Removed or disconnected. That the low pressure boiler was removed from the building or disconnected prior to the inspection cycle for which the report was due. In the event that proof of removal or disconnection has not yet been entered into the department's database at the time of the request for a waiver, the owner shall submit to the department a copy of the Self-Certification of Removed or Existing Boiler(s) form.

            (B)   New or replaced. That the First Test was performed during the inspection cycle for which the report was due.

            (C)   Work in progress. That there is work in progress for the replacement or installation of a new boiler or burner or a major renovation requiring that the boiler or burner be deactivated during the work.

         (iii)   Building status. An owner may be granted a waiver of penalties contingent upon the department's confirmation of the following:

            (A)   Demolished. That the full demolition of the building occurred prior to the inspection cycle for which the report was due and that such demolition was signed-off by the department and/or that a new building permit has been issued for the property.

            (B)   Sealed or vacated. That the building was ordered to be sealed or vacated by a government agency (e.g. Department of Buildings, Department of Housing Preservation and Development, Fire Department of New York or Office of Emergency Management) or by court order prior to the expiration of the inspection cycle for which the report was due.

   (g)   Civil penalties, written notice of removal or disconnection of a low pressure boiler. Failure to file a written notice of removal or disconnection (a Self-Certification of Removed or Existing Boiler(s) form) in accordance with §28-303.8 of the Administrative Code, or filing of such form past thirty (30) days of the date of the removal or disconnection of a low pressure boiler shall be deemed a lesser violation and shall subject the owner to penalties as set forth in this subdivision.

      (1)   Failure to file. An owner who fails to file such notice within twelve (12) months from the date following thirty (30) days from the removal or disconnection, shall be liable for a civil penalty of not less than five hundred dollars ($500.00) per boiler.

      (2)   Untimely filing. An owner who files such notice past thirty (30) days from the date of removal or disconnection, but within twelve (12) months from such date, may submit an untimely filing and shall be liable for a civil penalty of not less than fifty dollars ($50.00) per month, per boiler commencing on the day following the date the notice was due and ending on the date of submission of the notice. The total penalty shall not exceed five hundred dollars ($500.00) per boiler.

      (3)   Challenge of civil penalty. An owner may challenge the imposition of any civil penalty authorized to be imposed pursuant to this subdivision by providing proof of a timely filing to the department. Challenges shall be made in writing within thirty (30) days from the date of service of the violation by the department and sent to the office/unit of the department that issued the violation. The decision to dismiss or uphold the penalty shall be at the sole discretion of the department. An example of such proof shall include, but is not limited to, the following: a stamped and dated copy of a Self-Certification of Removed or Existing Boiler(s) form filed with the department, which may be supported by a copy of the front and back of a canceled check(s) to the department for the fee for the filing of a Self-Certification of Removed or Existing Boiler(s) form.

   (h)   Fees. Fees for filings related to boilers shall be as set forth in 1 RCNY §101-03 of these rules and Table 28-112.7.2 of the Administrative Code.