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The following tests and inspection requirements shall be complied with in order to obtain an equipment use permit for a required ventilating system.

(a) Procedure. A required ventilating system shall be subject to the requirements for controlled inspection as provided in article eight of subchapter one of this chapter except that it shall not be required that the architect or engineer be in the employ of the owner. Such requirements shall include (1) a controlled inspection to verify that the installation and operation of the completed system comply with the requirements of this subchapter, comprising tests to ascertain that the amount of air being supplied to and exhausted from each space conforms with the requirements of this code, and tests that all required smoke detection and fire protection devices are functioning properly; and (2) a controlled inspection comprising tests to verify that required fire dampers are installed and functioning properly as provided for in subdivision (d) of section 27-343 of this code. When a required ventilating system handles five thousand cfm or less, it shall be subject to controlled inspection except that the person making the inspection may be an architect, engineer or a person with at least five years of experience installing ventilating systems. However, if such a system exhausts any of the following:

(1) fumes, dusts, vapors or other noxious or injurious substances,

(2) substances that create a fire hazard,

then the person making the inspection shall be an architect or engineer. It shall not be required that the architect or engineer be in the employ of the owner. The test reports required under the provisions of article eight of subchapter one of this chapter shall be filed in the form prescribed by the commissioner. The form shall include the quantity of air supplied or exhausted by each outlet.

(b) Fire extinguishing systems. No equipment use permit for a required ventilating system containing a required fire extinguishing system shall be issued until a signed statement has been obtained from a representative of the fire commissioner who has witnessed the test of the extinguishing system and its control devices, certifying the fire commissioner's acceptance of such a system.

(c) Owner's statement. A statement shall be filed with the commissioner by the owner or lessee of the building that the required ventilating system will be kept in continuous operation at all times during the occupancy of the building and, if any smoke or fire detection devices or fire extinguishing systems have been installed, that he or she will have such devices and the fan shut-offs actuated by them tested and inspected by a competent person or agency at one year intervals or less. The owner or lessee shall also state that he or she will promptly make any necessary adjustments and repairs to keep the ventilating system and its safety devices in proper operating condition. A record of each inspection and test shall be maintained on the premises by the owner or lessee, and records for at least the last two years shall be made available for inspection by the commissioner and the fire commissioner.

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