City of Buffalo, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Derived from Art. X of Ch. VI of the Charter and Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
GENERAL REFERENCES
Heating — See Ch. 238.
Inspections — See Ch. 249.
A. 
Jurisdiction. Inspection of boilers shall be done under the jurisdiction of the Division of Fuel Devices.
B. 
General provisions. Chapter 249, Inspections, shall regulate all inspections made pursuant to this chapter.
[Amended 2-6-2001, effective 2-20-2001; 12-9-2003, effective 12-19-2003; 2-22-2005, effective 3-7-2005]
It shall be the duty of the Chief Combustion Inspector to cause to be inspected once in each year all boilers used for the generating of steam power or for heating or steaming purposes and all tanks subjected to steam pressure used in any business, except such boilers and tanks as shall have been inspected and insured by some duly authorized insurance company within six months of the time the Inspector shall offer to inspect the same, by making a careful examination of and subjecting the same to the same inspection required under Industrial Code Rule Nos. 4 and 14, as established by the Board of Standards and Appeals of the Department of Labor of the State of New York.
[Amended 12-9-2003, effective 12-19-2003]
When a boiler has been inspected and approved by the Inspector, he shall authorize a certificate of inspection to be issued by the Commissioner of Permit and Inspection Services and delivered to the person for whom inspection was made, which certificate shall contain the date of inspection, together with a general description of the boiler, for what purpose used, the number of try cocks, steam and water gauges, pumps, the number of pounds of pressure at which such boiler was tested and the maximum pressure at which it may be safely used. Such certificate shall be posted under glass in a conspicuous place in the engine or boiler room in which the boiler specified therein is situated; and it shall not be removed therefrom until the boiler or its appendages become defective or a new certificate is issued and then only by the Boiler Inspector.
It shall be the duty of said Inspector, on written application of the owner or agent of any boiler, generator or superheater, stating that the same is out of repair or has been repaired, to examine the same when so repaired and determine if the same has been properly done.
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services, upon authorization of the Inspector, shall charge and collect a fee as provided in Chapter 175, Fees, for inspecting each boiler which exceeds 25 horsepower, except that in an establishment where more than one such boiler is used, a fee as provided in Chapter 175 for each boiler in excess of one shall be charged and collected. The Commissioner of Permit and Inspection Services shall charge and collect a fee as provided in Chapter 175 for the inspection of each boiler not exceeding 25 horsepower and a fee as provided in Chapter 175 for each and every additional boiler in any one establishment. The fee for the inspection of a miniature boiler shall be the sum as provided in Chapter 175. Said fee shall be paid by the owners, respectively, of the boilers inspected and shall be paid to the Commissioner of Permit and Inspection Services prior to the delivery of the certificate provided for in § 94-3 of this chapter.
No Inspector shall take or receive any money on behalf of the owner of a boiler as a deposit and/or payment of the inspection fee provided for herein; nor shall any Inspector authorize the issuance of any certificate of inspection without having, at the time stated, thoroughly examined and tested the boiler so certified for.
[Amended 12-9-2003, effective 12-19-2003]
The City of Buffalo shall provide such instruments, books, papers and things as shall be necessary for the proper performance of his duties as Inspector, which shall be the property of such City and which shall be delivered by said Inspector to his successor in office or to the Commissioner of Permit and Inspection Services whenever he shall cease for any cause to discharge the duties of his office. Said Inspector shall also, without expense or charge, inspect all boilers owned or used by the City or any of its departments whenever called upon by the proper officer.
It shall be the duty of every owner or other person using one or more boilers or any tank or tanks subject to steam pressure in this City to have the same inspected by the Inspector of Boilers as often as once in each and every year, and to that end, every owner or person using a boiler or tank aforesaid shall make or cause to be made annually an application, in writing, to the Inspector requesting him to inspect the same; provided, however, that any person or owner using such tank or boiler, who shall have had the same inspected and insured by some duly authorized insurance company within six months of the time the Inspector may offer to inspect the same, shall not be required to comply with this chapter.
[Amended 12-9-2003, effective 12-19-2003]
Every dealer in secondhand boilers shall notify the Inspector when a boiler has been sold to be used in the City and before it has been delivered. Every such secondhand boiler, before its removal from the possession of the dealer and before it has been painted, shall be subjected to a hydrostatic test and thereafter stamped with the day and date when such test was made. A fee as provided in Chapter 175, Fees, shall be charged and collected of the dealer by the Commissioner of Permit and Inspection Services for each inspection made by the Inspector hereunder.
It shall be the duty of every owner or other person using boilers in the City of Buffalo to provide and fix thereto a full complement of try cocks, one water gauge, one steam gauge and one or more safety valves of suitable dimensions, to be approved by said Inspector, and also a good and sufficient force pump or other means of supplying the boiler with water, which shall also be subject to the approval of said Inspector.
All owners or persons using boilers and tanks subject to inspection as aforesaid shall provide, at their own expense, such arrangement and facilities for attaching the instruments for inspection as the Inspector shall direct.
Every insurance company insuring boilers in the City of Buffalo shall notify the Boiler Inspector immediately when any insurance has lapsed on boilers insured by said company and when new insurance has been placed on any boiler.
The safety valves of boilers shall not be allowed to extend beyond the maximum pressure allowed by said Inspector.
[Amended 12-9-2003, effective 12-19-2003]
It shall be the duty of the Inspector, on or before the fifth day of each and every month, to file with the City Comptroller a statement, under oath, showing the names of the owners of boilers, alphabetically arranged, whose boilers have been inspected by him during the previous month, the locations of said boilers, the dates of inspection and the amount of money authorized by him to be received by the Commissioner of Permit and Inspection Services and from whom the same was due for inspections during such previous month.
[Amended 12-9-2003, effective 12-19-2003]
The head of the Division of Fuel Devices shall be the Chief Combustion Inspector.
[Amended 12-9-2003, effective 12-19-2003]
A. 
It shall be the duty of the Chief to make such rules and regulations as shall be necessary to carry properly into effect the provisions of this chapter. The Chief shall keep accurate records and files of the transactions of his office, including applications, examination papers, qualifying permits issued and required data concerning persons duly qualified by his office and shall render annually, before the first day of January, a report on the same to the Mayor. It shall be his duty to give proper notice of the time when and the place where he will examine all persons who shall appear before him for examination as to their qualifications to operate and have charge of power-developing units in this City; and he shall issue a qualifying permit to applicants, authorizing the Commissioner of Permit and Inspection Services to issue a license to such applicants in the manner and form as provided by this chapter and authorized by such permit.
B. 
It shall be the duty of the Chief to inspect periodically all power plants, excepting only electric-power-generating units in plants owned or operated by public utilities subject to the jurisdiction of the Public Service Commission of the State of New York, with a view to ascertaining if the same are properly constructed and operated and whether or not they are insured by some duly incorporated insurance company having authority to insure such plants and also with a view to ascertaining if such plants are properly in charge of duly licensed engineers or refrigeration operators.
C. 
The Chief Combustion Inspector shall be appointed by the Commissioner of Police as special patrolmen to aid them in the performance of any duty or right of inspection under this chapter.
[1]
Editor's Note: Former § 94-16.1, Examinations; Commissioner's designees, added 5-3-1994, effective 5-11-1994, was repealed 12-9-2003, effective 12-19-2003.
A. 
Every person within the limits of the City of Buffalo in charge of or operating any power-developing unit or units as defined in this chapter and not specifically excepted herein must hereafter be licensed. The Chief shall, within a reasonable time after the filing of a written application, notify the applicant to appear at a time and place designated for examination. If such applicant shall, after a written and practical examination, give satisfactory proof of his qualifications as a stationary engineer or refrigeration operator, he shall receive from the Chief a proper qualifying permit authorizing the Commissioner of Permit and Inspection Services to issue a license to such applicant as provided by this chapter and authorized by such permit.
[Amended 12-9-2003, effective 12-19-2003]
B. 
The provisions of this chapter are not applicable to engineers of duly incorporated steam railroads while engaged in running or operating the locomotive engines of said railroads and/or any diesel or gas electric-driven car used on said railroads or to persons employed by other public service corporations subject to the jurisdiction of the Public Service Commission of the State of New York while engaged in operating or running any electric-power-generating units in connection with the rendition of public service or to engineers duly licensed by the authorities of the United States while engaged in operating or running steam boilers, steam engines or power-developing units under the jurisdiction of the United States or to operators or operation of passenger or freight elevators or escalators permanently installed, except temporary elevators used exclusively for hoisting building materials during construction or alteration, or to gas or diesel engines or operators thereof while such engines are being used for test, repair or emergency purposes or to heat exchangers used in process industries in which steam is generated during whole or part of the process cycle or to transit concrete mixers, welding units, overhead traveling cranes, gantry cranes, shop or plant trucks, shop or plant hoists, cupola blowers or any motor vehicles licensed subject to the provisions of the New York State Vehicle and Traffic Law or to operators or the operation of any boilers being used to furnish temporary heat for any buildings under construction until the permanent heating system has been completed and final tests made and said heating system and said boilers are accepted by the owner of the buildings and a certificate of acceptance is issued to the heating contractor.
No person shall be granted a license unless he is citizen or shall have declared his intention to become a citizen of the United States.
[Amended 12-9-2003, effective 12-19-2003]
A license or permit issued under the provisions of this chapter shall be subject to suspension or revocation for cause by the Commissioner of Permit and Inspection Services, after a hearing, upon notice to the licensee or permittee. Mental or physical incompetency or negligence in the performance of his duties as an engineer or refrigeration operator or intoxication while on duty or failure to renew properly such license or a violation of any provisions of this chapter or other pertinent laws or ordinances shall be sufficient cause for revocation or suspension of the license or permit.
As used in this chapter, the following terms shall have the meanings indicated:
BOILER
A closed vessel in which water is heated, steam is generated, steam is superheated or any combination thereof, under pressure or vacuum, for use externally to itself by the application of heat from combustible fuels, electricity, nuclear energy or any other source. The term "boiler" shall include the apparatus used by which heat is generated and all controls and devices related to such apparatus or to the closed vessel. The term "boiler" also shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves.
[Amended 2-22-2005, effective 3-7-2005]
CO-GENERATION
The simultaneous production of power/electricity, hot water, and/or steam from a fuel source.
[Added 2-22-2005, effective 3-7-2005]
PLANT OR POWER PLANT
Any power-developing unit or units located on the same general property site of the same owner. Such buildings may be separated by roadways or passageways and located within a reasonable distance of one another and must be easily and readily accessible to one another. Firebreaks having approved fire doors for easy and ready access from one power-developing unit to another within the confines of the enclosing walls of a building shall not constitute separate buildings.
[Amended 2-22-2005, effective 3-7-2005]
A. 
Hot water heating boiler, 75 horsepower singly, or battery of boilers of 125 horsepower combined, in which no steam is generated from which hot water is circulated for heating purposes and returned to the boiler, and which operates at a pressure not exceeding 160 psi or a temperature of 250° F. at or near the boiler outlet.
B. 
High-temperature water boiler or battery of boilers of any horsepower, which is completely filled with water intended for the operation at pressures in excess of 160 psi or temperatures in excess of 250° F.
C. 
Low-pressure steam boiler, 75 horsepower singly, or battery of boilers of 125 horsepower combined, in which steam or other vapor is generated at a pressure of less than 15 psi and on which the safety valves are set at a pressure not exceeding 15 psi.
D. 
High-pressure steam boiler or battery of boilers of any horsepower, in which steam or other vapor is generated at a pressure of more than 15 psi, and on which the safety valves are set at a pressure exceeding 15 psi.
E. 
A device, apparatus or machine used singly or combined to operate ammonia or carbon dioxide refrigerating units over 60 tons or over 100 tons using freon or similar refrigerant.
F. 
A hot water, steam boiler or pressure vessel of 125 or more horsepower, which received its source from co-generation.
POWER PLANT AS A WHOLE
Limited to not more than three buildings, containing integrated and connected power-developing units. Such buildings may be separated by roadways or passageways and located within a reasonable distance of one another and must be easily and readily accessible to one another. Firebreaks having approved fire doors for easy and ready access from one power-developing unit to another within the confines of the enclosing walls of a building shall not constitute separate buildings.[1]
TON OF REFRIGERATION
The mechanical extraction from any substance of 12,000 British thermal units per hour.
[Added 2-22-2005, effective 3-7-2005]
[1]
Editor's Note: The definition of "public building," which immediately followed this definition, was repealed 2-22-2005, effective 3-7-2005.
All licenses must be renewed biennially, and no licensed engineer or refrigeration operator shall maintain or operate more than one power plant as a whole. Nothing herein contained shall be construed to limit the operation of more than one power-developing unit by a properly rated engineer or refrigeration operator where the same are operated or maintained independently of each other in the same building or buildings constituting a power plant as a whole. The required rating of the engineer shall be determined by the total horsepower of the power-developing units, except refrigeration power-developing units, other than steam driven, maintained or operated by him.
[Amended 5-22-1995, effective 6-2-1995; 12-9-2003, effective 12-19-2003]
A. 
A fee as provided in Chapter 175, Fees, shall be collected by the Commissioner of Permit and Inspection Services for issuing an original license, expiring two years from date of issuance, authorized by a qualifying permit of the Chief. A holder of a license under this chapter who later qualifies for an additional license hereunder shall not be required to again pay such an original fee. Persons licensed as stationary engineers or refrigeration operators at the time of the effective date of this chapter shall be exempt from payment of the original license fee, except those failing to properly renew the license or who have hereafter suffered a revocation of the license.
B. 
Biennial renewal fees for licenses shall be as provided in Chapter 175, Fees. Such fees shall be collected for each biennial renewal thereof by the Commissioner of Permit and Inspection Services authorized by a qualifying permit of the Chief and the surrender of the previous year's engineer's or refrigeration operator's license.
C. 
Whenever any person is qualified to receive a license as an engineer under this chapter and is employed by the City of Buffalo on a part-time basis for a period not in excess of 90 days, the payment of fees for the issuance or renewal of such license shall be waived. Such license shall be in full force and effect only during the period said person is employed by the City of Buffalo; and upon termination of said employment, said person shall forthwith surrender to the Commissioner of Permit and Inspection Services said license if issued without the payment of the fee therefor.
D. 
There shall be an examination fee as provided in Chapter 175, Fees, which each applicant must pay in order to take an examination for a license to be issued under the provisions of this chapter.
A. 
All persons licensed under the provisions of this chapter as engineers or refrigeration operators shall be classified and graded according to the horsepower and pressure of a power-developing unit or units, or any combination of such, constituting a power plant of which they shall be found competent, by due written and/or practical examination, to take charge of or operate, namely, chief engineers, first class engineers, second class engineers, special engineers, chief refrigeration operators, first class refrigeration operators and second class refrigeration operators.
[Amended 12-9-2003, effective 12-19-2003; 2-22-2005, effective 3-7-2005]
(1) 
Chief engineers shall be engineers who are found competent to take charge of or operate a power plant of any horsepower and pressure. Every applicant for a license as a chief engineer must pass a written and/or practical examination as to his qualifications and prove to the examiner that he had three years' actual experience as a duly licensed first class engineer.
(2) 
Every applicant for a license as a first class engineer must pass a written and/or practical examination as to his qualifications and prove to the Chief that he has been duly licensed as a second class engineer for the period of one year immediately preceding. Persons duly licensed as first class engineers shall have authority to take charge of and operate any power plant or power-developing unit or units not exceeding 299 horsepower and not exceeding 225 tons of refrigeration power-developing units, other than steam driven.
[Amended 12-9-2003, effective 12-19-2003]
(3) 
Every applicant for a license as a second class engineer must be at least 19 years of age, have had at least one year's experience in the operation of boilers and/or power plant equipment must have had at least two years of approved mechanical and/or electrical experience, or such applicant must have graduated from a recognized technical school and have had at least one year's satisfactory experience. Persons duly licensed as second class engineers shall have the authority to take charge of and operate any power-developing unit or units not exceeding 175 horsepower and not exceeding 150 tons of refrigeration power-developing units.
(4) 
A special engineer's qualifying permit may be issued by the Chief to the operator, limited to designated premises, of a steam engine, steam boiler or boilers or other power-developing unit, not exceeding a total of 125 boiler horsepower where the safety valve or valves are set to operate not over a pressure of 125 pounds per square inch. Such qualifying permit shall authorize the Commissioner of Permit and Inspection Services to issue a special engineer's license to such applicant as provided herein and authorized by such permit, upon payment of the proper fee therefor.
(5) 
A refrigeration operator's qualifying permit of the proper grade shall be issued by the Chief to applicants in the manner following:
(a) 
A chief refrigeration operator shall be such operator who is found competent by proper written and practical examination as to his qualifications to operate any horsepower of refrigeration power-developing units, other than steam driven, and who has had three years' practical experience as a first class refrigeration operator or a first class stationary engineer.
(b) 
A first class refrigeration operator shall be such operator who is found competent by proper written and practical examination as to his qualifications to operate 225 tons of refrigeration power-developing units, other than steam driven, and who has had two years' practical experience as a second class refrigeration operator or a second class stationary engineer.
(c) 
A second class refrigeration operator shall be such operator who is found competent by proper written and practical examination as to his qualifications to operate 150 tons of refrigeration power-developing units, other than steam driven, and who is at least 19 years of age and who has had at least one year's experience in the repair, maintenance or operation of refrigeration equipment or two years of approved mechanical and/or electrical experience or who has graduated from a recognized technical school and has had one year's satisfactory experience on refrigeration power-developing units.
B. 
Any person holding an engineer's license under the provisions of this chapter may also hold any grade of refrigeration operator's license for which he can qualify by written and practical examination as to his qualifications and experience on refrigeration power-developing units.
C. 
Any person not heretofore required to be licensed and who at the time that this chapter shall become effective has been employed in the operation of or in charge of a power-developing unit or units within the scope of this chapter shall, upon application, be granted an engineer's or refrigeration operator's license for a similar type of power-developing unit or units of similar brake or rated horsepower to that upon which he is employed at the time this chapter takes effect.
D. 
In order for any such person not now duly licensed and not excluded by the provisions of this chapter to be granted such a license, it will be necessary for him to prove, to the satisfaction of the Chief by documentary evidence in affidavit form, that he has had satisfactory actual experience in the operation of or in charge of a similar type of power-developing unit or units of a similar brake or rated horsepower to the unit or units in the operation of or in charge of which he has been employed.
[Amended 12-9-2003, effective 12-19-2003]
E. 
Such licenses shall only be granted during a period of 90 days following the effective date of this chapter; except, however, that such licenses granted during such ninety-day period may be renewed by the holders thereof from year to year in the same manner as provided for in the issuance of other licenses under this chapter.
F. 
Engineers duly licensed by the authorities of the United States as marine engineers who desire a license to operate power plants within the limits of the City of Buffalo must pass an examination as to their qualifications to operate power plants on land of a grade equal to that of which they hold a license from the government of the United States.
G. 
Every applicant for an engineer's or refrigeration operator's license whose experience was gained elsewhere than in the City of Buffalo must prove to the satisfaction of the Chief that he has had the same total number of years of experience as is required from applicants in the City of Buffalo.
[Amended 12-9-2003, effective 12-19-2003]
H. 
An applicant for a locomotive engineer's license as an engineer on internal-combustion locomotive engines must be at least 19 years of age and have had at least one year's experience in the repair, operation or maintenance of internal-combustion engines, and, in addition, he shall present a letter from his employer attesting to his capabilities as a locomotive engineer; or he must be a least 21 years of age and have had at least three years' experience in the repair, operation or maintenance of internal-combustion engines, one year of which must have been on internal-combustion locomotive engines.
A. 
The following shall be exempted from the provisions of this chapter:
(1) 
Miniature boilers not exceeding 16 inches inside diameter of the shell, 42 inches overall length of outside to outside of the heads at center, 20 square feet of water-heating surface and maximum allowable working pressure of 100 pounds per square inch.
(2) 
Unitary or self-contained air-conditioning units used for domestic, commercial or industrial purposes, singly or combined. All units over 1\2 horsepower, singly or combined, up to a capacity of 60 horsepower, using ammonia or carbon dioxide refrigerants, or up to a capacity of 100 horsepower using freon or similar refrigerants shall be equipped with safety devices, as follows:
(a) 
Where water condensers are used: low-water cutout and/or high-pressure cut-out, and low-voltage protection devices.
(b) 
Air-cooled condensers: the same safety devices except low-water cutouts.
(c) 
Additional safety devices providing similar safety protection that the Chief Combustion Inspector may order.
[Amended 12-9-2003, effective 12-19-2003]
B. 
Conditions for unfired pressure vessels. It shall be the duty of every owner or other person using a stationary unfired pressure vessel containing a tank volume of over 21 cubic feet where the operating pressure is over 100 pounds to have the same inspected by the Chief not less than once in each and every year; provided, however, that any person or owner using such vessel, who shall have had the same inspected and insured by a duly authorized insurance company within six months of the time the Chief may offer to inspect the same, which shall be evidenced by a certificate to be filed with the Chief within one month after such inspection shall occur or insurance shall attach, shall not be required to comply with the provisions of this subsection.
[Amended 12-9-2003, effective 12-19-2003]
Engineers or refrigeration operators duly licensed under the provisions of this chapter shall have their licenses suitably framed, under glass, and hung up in a conspicuous place at or near their power-developing unit.
A. 
Where a power plant is in service regularly day and night, in the absence of the chief engineer, the assistant engineers must hold first class engineer's license if the plant exceeds 299 horsepower. However, second class engineers may be employed on the same watch with the chief engineer.
B. 
No power-developing unit or units shall be left unattended and without a properly licensed engineer or refrigeration operator of the required grade present while a power-developing unit or units are in operation.
[Amended 2-22-2005, effective 3-7-2005]
C. 
One chief engineer may be in charge of more than one power plant as a whole on a general property site of the same owner.
D. 
The provisions of this section are not applicable to power-developing units used for heating purposes only as defined in § 94-20A and C of this chapter, which chapter may be supervised by a second class engineer, if such power-developing units are supervised daily by a properly licensed engineer. "Supervised daily" shall mean actual attendance a minimum of eight hours in each twenty-four-hour period while power-developing units are in continuous operation.
[Added 6-1-1999, effective 6-14-1999; amended 2-22-2005, effective 3-7-2005]
A. 
All engineers or refrigeration operators duly licensed at the time of the effective date of this chapter shall be granted licenses of the same grade without examination. Each license heretofore issued under the Code of the City of Buffalo for engineers or refrigeration operators shall continue until the expiration date of such license, after which time the provisions of this chapter shall apply.
B. 
If a license issued under this chapter is not renewed by the licensee within one year of the expiration date thereof, the licensee will be required to take and pass a new examination.
A. 
The rated boiler horsepower as used in this chapter shall be determined by:
(1) 
For any boiler or steam generator, the maximum rated steam-generating capacity per hour for heating water from and at 212° F., divided by 34 1/2.
(2) 
For water or fire-tube boilers having a drum or drums 18 inches or larger, the rated water-heating surface divided by 10, or for any other steam generator or boiler, the rated water-heating surface divided by five.
(3) 
For hot-water or steam boilers, the rated British thermal unit heat transfer to the water-heating surface per hour, divided by 33,475.
B. 
The conditions above described resulting in the maximum boiler horsepower rating shall apply, and the determination of the Chief Combustion Inspector shall govern the horsepower rating of such steam generator or boiler.
[1]
Editor's Note: Former § 94-29, Licensing of hoisting engineers; exemptions, as amended, was repealed 6-14-2005, effective 6-24-2005.
[Amended 12-9-2003, effective 12-19-2003]
Where it is provided by this chapter for the issuance of any license or certificate by the Commissioner of Permit and Inspection Services, and any such license or certificate becomes lost or destroyed through no fault of the owner or holder thereof, and a duplicate is desired, said Commissioner of Permit and Inspection Services upon the filing with him of an affidavit reciting the circumstances of such loss or destruction and upon the payment of a fee as provided in Chapter 175, Fees, may issue a duplicate license or certificate in place of the lost or destroyed license or certificate to the person thereto as such owner or holder aforesaid.
A. 
Any person operating in the City of Buffalo a power-developing unit, as defined in this chapter, or a hoisting machine or apparatus without first having obtained the license herein required and any person, firm or corporation who or which employs or permits any unlicensed person to operate any power-developing unit or hoisting machine or apparatus contrary to the provisions of this chapter shall be liable to a fine or penalty as provided in Chapter 1, Article III, of this Code.
B. 
Any person who shall violate any other provisions of this chapter shall be liable to a fine or penalty as provided in Chapter 1, Article III, of this Code.