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 the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 66.
Boilers and engines — See Ch. 94.
Building construction and demolition; fire prevention — See Ch. 103.
Public buildings — See Ch. 111.
Open burning — See Ch. 119.
Enforcement — See Ch. 137.
Electricity — See Ch. 165.
Housing standards — See Ch. 242.
Inspections — See Ch. 249.
Smoke detectors — See Ch. 395.
Wood and coal — See Ch. 501.
[1]
Editor's Note: Former Art. I, Venting of Equipment, derived from Secs. 127 and 128 of Ch. XXV of the 1974 Charter and Ordinances, was repealed 12-9-2003, effective 12-19-2003.
[Derived from Art. XV of Ch. VII of the Charter and Ordinances, 1974]
The purpose of this article is to create a Board of Heating Examiners; to prescribe the powers and duties of such a Board; to provide for the licensing of those who engage in the business of installing, replacing or repairing heating equipment and to qualify such persons under the provisions of this article; to provide a procedure for revoking of licenses issued hereunder; to provide penalties for violations of this article; to provide standards and requirements for the installation of such heating equipment; to protect and safeguard the public health, safety and welfare; and to protect life and property from fire, gas fumes, explosions and faulty or improper installations.
[Amended 9-21-1999, effective 10-4-1999]
This article shall apply to all installations of heating equipment, replacements or repair of the same. This article shall also apply to existing building equipment but should not be construed to require structural alterations to such existing buildings or equipment or replacement of existing equipment unless the Chief Combustion Inspector shall determine by investigation that the conditions thereof and a failure to promptly comply with this article shall constitute an immediate and present danger to human life or property or to the health and safety of the public and thereupon orders such immediate alterations, replacements or corrections.
[Amended 9-21-1999, effective 10-4-1999; 12-9-2003, effective 12-19-2003]
The Commissioners of Permit and Inspection Services and Fire or their duly authorized representatives are hereby empowered and authorized at any reasonable time to enter upon and into any buildings, structures or premises within the City of Buffalo for the purpose of examining and inspecting them to ascertain the conditions thereof with respect to the provisions of this article or any other related conditions which may constitute an immediate and present danger to human life or property and to the health and safety of the public. Whenever any building, premises, device, equipment or installation is found to be in violation of the requirements of this article or if found to be unsafe or in a condition to be dangerous to human life or property and to the health and safety of the public, the Commissioner of Permit and Inspection Services or Fire or their authorized representatives are empowered to order that the conditions be corrected and the hazard abated. Failure to comply with such an order shall be deemed a violation of this article.
[Amended 9-21-1999, effective 10-4-1999]
It shall be the duty of the Chief Combustion Inspector to enforce all the requirements of this article relative to the installation, alteration, repair, use and maintenance of such heating equipment.
[Amended 9-21-1999, effective 10-4-1999]
A. 
It shall be unlawful for any person to install, erect, alter, repair, service, reset or replace any heating or process system or appurtenances thereto unless said person shall have first obtained a license as a heating contractor or is performing said work under the supervision of a duly qualified license holder, provided that nothing herein shall prohibit any person from performing such work in his own home after certification by the Chief Combustion Inspector and the Chief of the Bureau of Fire Prevention that said person is qualified to make installations.
B. 
Any violation of this section shall be deemed to be the commission of an unclassified misdemeanor and shall be punishable by a fine or penalty of not more than $1,000 or by imprisonment for not more than 60 days, or by both such fine and imprisonment, for each such offense.
[Amended 9-21-1999, effective 10-4-1999; 12-9-2003, effective 12-19-2003]
Every licensed contractor hereunder must have and maintain an established place of business. The license must be conspicuously displayed at said place of business. Such place of business must be known to the Commissioner of Permit and Inspection Services and the Chief Combustion Inspector.
[Amended 9-21-1999, effective 10-4-1999]
Before a license is issued, the licensee shall execute and furnish to the City of Buffalo a bond in the sum of $10,000, conditioned to indemnify and save harmless the City of Buffalo of and from any damage or loss which may result from the work of said licensee being done carelessly or imperfectly or in such a way that injury or loss results therefrom or by reason of any failure on the part of any employee of the licensee to comply with all or any of the ordinances and regulations relating to the installation of such heating equipment.
[Amended 9-21-1999, effective 10-4-1999]
In the case of a person's, firm's or corporation's, as a contractor, employing a heating installer's licensee, both said licensee and said person, firm or corporation employing him shall be responsible for all violations of this article. The licensee, any person, firm or corporation employing him and any subcontractor shall be responsible for all violations of this article committed by such subcontractor.
An applicant for a license hereunder shall be at least 21 years of age and shall have had at least two years of practical experience in the installation of heating equipment in the class of license he is applying for, or shall have satisfactorily completed a course of study in heating equipment given by a recognized school, plus one year of practical experience in the installation of heating equipment in the class of license he is applying for, or shall be a graduate engineer.
[Amended 9-21-1999, effective 10-4-1999]
There are no exemptions from examination. All applicants for a license must comply with the provisions of this article.
[Amended 9-21-1999, effective 10-4-1999]
A. 
Applications for a license shall be made on forms furnished for such purpose by the Division of Inspections, Licenses and Permits. The application under oath of the applicant shall contain, in addition to other required information, the following.
(1) 
The name, age and address of the applicant.
(2) 
The qualifications of the applicant.
(3) 
If the applicant is a corporation:
(a) 
The full and accurate name of the corporation.
(b) 
When and where incorporated.
(c) 
The full name and address of the officers of the corporation.
(d) 
The name of the officer or regular employee who is to take the examination and his qualifications.
(4) 
If the applicant is a partnership:
(a) 
The names and addresses of members thereof and the name of the partner or regular employee who is to take the examination and his qualifications.
(5) 
If the applicant conducts business under a trade or assumed name:
(a) 
The complete and full trade name.
(b) 
The name of the person or persons doing business under such trade or assumed name.
(c) 
The name of the individual or regular employee who is to take the examination and his qualifications.
B. 
No license shall be issued to an applicant until he has submitted to an examination as hereafter provided, or such applicant has a person in his regular employ who is actively in charge and who has submitted to such examination, provided that when a license has been issued to an applicant based on the qualifications of such regular employee and the active services of such employee with the applicant has been terminated, it shall be unlawful for the said licensee to engage in any of the operations covered by this article until said licensee is again qualified in accordance with the provisions hereof.
C. 
The Commissioner of Permit and Inspection Services may issue a license upon application as provided herein or refuse to issue said license upon proof that the applicant therefor is not fit or qualified or is not a suitable person to engage in such operation, provided that the Board of Heating Examiners shall make a thorough investigation of the training, experience, qualifications, character and fitness of the applicant and/or the person to be examined and shall examine such applicant and/or person to determine his qualifications, fitness or suitability to take part in any of the operations of the business. Such examinations shall be written and oral and may also include practical demonstrations.
[Amended 12-9-2003, effective 12-19-2003]
D. 
The Board of Heating Examiners is hereby authorized to adopt rules and regulations necessary to make effective the provisions of this article concerning said examinations. Licenses may be revoked or suspended by the Commissioner of Permit and Inspection Services in accordance with the Charter of the City of Buffalo relative thereto. All licenses granted hereunder shall expire on the 31st day of December next following issuance and shall be renewed annually. Failure to renew properly a license shall result in its termination. Any such license forfeited for nonpayment of the annual renewal fee may be reinstated upon payment of the annual renewal fee, provided that no such license may be renewed after the expiration of one year without submitting to an examination.
[Amended 12-9-2003, effective 12-19-2003]
E. 
A license issued pursuant to this chapter may be suspended or revoked by the Commissioner of Permit and Inspection Services upon certification of the Board for any one or more of the following reasons:
[Added 9-19-2000, effective 9-29-2000; amended 12-9-2003, effective 12-19-2003]
(1) 
Fraud, misrepresentation or bribery in securing a license.
(2) 
Any false statement as to a material matter in the application.
(3) 
The conduct of the business of the licensed heating contractor has been marked by a practice of failure to perform his contracts or the manipulation of contract deposits, assets or accounts or lack of good faith in dealing with owners.
(4) 
Violation of any provision of this chapter.
(5) 
Willful violation of the health laws of the County of Erie or failure to secure all proper permits or failure to comply with the ordinances of the City of Buffalo.
(6) 
Failure to notify the Commissioner of Permit and Inspection Services of any change or control in the ownership, management or business name or location of the heating contractor business.
(7) 
Abandonment or willful failure to perform, without justification, any contract or project engaged in or undertaken by a licensee, or willful deviation from or disregard of plans or specifications in any material respect without consent of the owner.
(8) 
Making any substantial misrepresentation in the procurement of a contract, or making any false promise likely to influence, persuade or induce such contract.
(9) 
Any fraud in the execution or in the material alteration of any contract, mortgage, promissory note or other document incident to a heating contracting transaction.
(10) 
Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligations of a heating contracting transaction with the knowledge that it recites a greater monetary obligation than the agreed consideration for the work.
(11) 
Work or installation commenced prior to the issuance of the required license.
(12) 
Work or installation commenced prior to the issuance of the required permit. After three infractions, the heating contractor's license shall be revoked.
F. 
No license shall be suspended or revoked until after a hearing before the Board upon at least five days' notice to the licensee at the last known address appearing on the license. The notice shall be served personally or by registered mail and shall state the date, hour and place of the hearing. The notice shall set forth a brief statement of facts constituting the grounds for the charges against the licensee. The licensee may appear in person or by counsel and may produce witnesses in his behalf. A record of the hearing shall be taken. The Chief shall, upon the determination and certification of the Board, suspend or revoke the license or dismiss the proceedings.
[Added 9-19-2000, effective 9-29-2000; amended 12-9-2003, effective 12-19-2003]
A. 
There shall be three classifications of licenses.
(1) 
A Class I license. The holder shall be able to install any type of heating equipment using oil, gas or solid fuels. A Class I license shall be subdivided into two parts, a Class Ia and a Class Ib.
(2) 
A Class II license. The holder shall be able to install any type of equipment using gas or solid fuels.
(3) 
A Class III license. The holder shall be limited to the installation of woodburning fireplaces or stoves.
B. 
Fees. Fees for a heating installer's license shall be as provided in Chapter 175, Fees.
There shall be displayed at the location of each installation during the progress of installation or repair a conspicuous sign stating in substance the heating contractor, the name and address of the licensee and the expiration date of the license.
There is hereby created a Board of Heating Examiners to examine applicants for a heating license and perform such other duties as set forth under the provisions of this article.
[Amended 9-21-1999, effective 10-4-1999]
A. 
Such Board shall consist of five members, two of whom shall be the Chief Combustion Inspector and the Chief of the Bureau of Fire Prevention, who shall serve ex officio as part of the functions and duties of their respective offices. Two of said members shall be residents of the City of Buffalo and shall be licensed heating contractors. One of said members shall be a resident of the City of Buffalo and not engaged in the business of heating equipment nor contracting for the same. The three appointed members, exclusive of the above-enumerated Chief Combustion Inspector and Chief of the Bureau of Fire Prevention, both of whom shall serve on such Board because of and during their respective terms of office, shall be appointed by the Mayor, who shall designate one member to act as Chairman.
B. 
The appointed members shall serve for terms of one year, three years and five years, respectively, in the order in which appointed by the Mayor. The successors to the original appointees shall serve thereafter for a term of three years.
C. 
The Mayor shall have the power to remove appointed members for reasons stated in writing and after an opportunity to be heard, and he shall also possess the power to fill any vacancy occurring for the unexpired term of a member with a person having the same minimum qualifications.
D. 
The members of such Board shall serve without any compensation therefor because of their duties on said Board.
E. 
The Commissioner of Permit and Inspection Services shall provide an office and meeting place for the Board and shall provide clerical help therefor and a proper place as a depository of records of the Board.
[Amended 12-9-2003, effective 12-19-2003]
F. 
No member of the Board shall pass upon any question in which he personally or any group or association with which he is associated is interested.
A. 
The Board shall have the power to adopt for its procedure and government rules and regulations not inconsistent with law or ordinance.
B. 
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his absence, the Acting Chairman as selected by the Board, may administer oaths to all applicants for a license. The presence of three members shall constitute a quorum. The Board shall act by resolutions. The concurring vote of three members of the Board shall be necessary to perform any affirmative act. The Board shall keep minutes of its proceedings, showing the vote of each member upon any question or, if absent or failing to vote, indicating such fact; and the Board shall also keep records of its examinations and other official actions.
[Amended 9-21-1999, effective 10-4-1999]
A. 
Examinations of applicants for heating contractors' licenses shall be conducted approximately every three months at such times and places as the Board may designate.
B. 
The examination shall be based upon the provisions of this article, upon the conditions and requirements of heating and ventilating and air conditioning, guided by the American Society of Heating and Air Conditioning Engineers and the applicable ordinances of the City of Buffalo and the laws of the State of New York. It shall be reasonable but sufficiently comprehensive to test the qualifications of the applicant and may include practical demonstrations.
C. 
After such examination, said Board shall forward its findings and recommendations to the Commissioner of Permit and Inspection Services as to whether or not the applicant and/or the person examined is fit or qualified or is a suitable person to take part in the operations of the business and whether a license shall be issued by said Commissioner.
[Amended 12-9-2003, effective 12-19-2003]
[Amended 9-21-1999, effective 10-4-1999]
A. 
Before any work is performed thereunder, it shall be the duty of the person licensed as a contractor under this article to apply for and receive a permit for the installation, repair, reconstruction or material alteration by him of any heating equipment, after filing the application for a permit hereafter described and paying the required fee under the procedure and provisions of Chapter 66 of the Code of the City of Buffalo. This duty imposed on the contractor to obtain a permit is a primary duty over and above the duty imposed on the owner to obtain a permit under Chapter 66, § 66-6, of the City of Buffalo and is an addition of the Code thereto.
B. 
The permit application for the heating system or work performed on the heating system shall be submitted to the Chief Combustion Inspector, prior to any work being done, and must show the total building heat loss, manufacturer's name, model number, type of system, fuel and chimney.
C. 
Permits issued for one- and two-family homes, multiple dwellings, apartment houses, rooming houses, nursing homes, senior citizens retirement homes and orphanages shall be classified as residential permits. All other permits shall be classified as commercial installations.
All installations of heating systems shall be installed and work completed according to the standards, conditions and requirements hereinafter set forth. All materials and methods of installation of such heating systems shall comply with the requirements hereinafter set forth and with all other applicable ordinances of the City of Buffalo relating thereto.
[1]
Editor's Note: Former § 238-22, Definitions, as amended, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-23, Heat loss and sizing of equipment, as amended, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-24, Boilers, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-25, Furnaces, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-26, Woodburning appliances, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-27, Duct systems, as amended, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-28, Clearances, was repealed 12-9-2003, effective 12-19-2003.
[1]
Editor's Note: Former § 238-29, Flues and vents, as amended, was repealed 12-9-2003, effective 12-19-2003.
No heating installations of parts thereof shall be covered in such a manner as to make them unavailable for inspection unless and until such installations have been inspected and approved, exclusive of new wall stacks in existing buildings.
In case of emergency, the contractor may proceed with the work and file the application for a permit within 24 hours, Sunday and holidays excepted.
[Amended 9-21-1999, effective 10-4-1999]
A. 
All such heating equipment shall be properly tested upon completion of the installation and before turning such equipment over to the owner for normal usage. Tests shall include checking controls, testing for gases or oil or flue gas leakage, fuel consumption ratio, maximum stack temperature readings and draft readings. Where steam boilers are installed, hydrostatic tests shall be made.
B. 
Upon completion of the tests of the installation of any equipment, the contractor shall file with the Chief Combustion Inspector a complete record of such test, including the date made, the name or names of persons performing such test and the name of the contractor.[1]
[1]
Editor's Note: Former § 238-33, Additional standards, as amended, which immediately followed this section, was repealed 12-9-2003, effective 12-19-2003.