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City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (14) Index
[Added 7-20-2004,[1] effective 8-2-2004 ]
A. 
All work, materials, parts, elements, components, finishes, equipment and/or fixtures, assemblies and systems shall comply with the requirements of the Fuel Gas Code of New York State irrespective of the requirement for a fuel devices permit or payment of a fuel devices permit fee.
B. 
All work shall comply with the provisions of the codes and ordinances of this Charter irrespective of requirement for a fuel devices permit or payment of a fuel devices permit fee.
C. 
The owner of a building, structure or lot is the primary responsible party in fuel devices permit and fuel devices permit fee matters. The use or employment of any agent, a licensed engineer or architect, or a licensed contractor does not obviate the owner's responsibilities.
[1]
Editor's Note: This ordinance also renumbered former § 66-5, Plans and specifications and permit required; existing equipment and devices, as § 66-5.1.
A. 
Plans and specifications and permit required.
(1) 
No new fuel- or refuse-burning plant, equipment or device shall be installed, erected or used, nor shall any existing fuel- or refuse-burning plant, equipment or device be reconstructed, added to or used, nor shall any stack or furnace connected with such plant, equipment or device be installed, erected, reconstructed, added to or used within the City until plans and specifications of the same shall have been filed in the office of the Department of Permit and Inspection Services and approved by the Chief Combustion Inspector as being so designed that the same can be managed and operated to conform to the provisions of this Part 1 and a permit shall have been issued for such installation, erection, reconstruction or addition.
[Amended 12-9-2003, effective 12-19-2003]
(2) 
The plans and specifications so filed shall show:
(a) 
The type of installation.
(b) 
The nature and extent of the work to be performed.
(c) 
The extent of the space to be heated.
(d) 
The kind of fuel or refuse to be used and the rate of burning, including all provisions made for securing complete combustion of the fuel or refuse and the manner in which it is to be burned, for the purpose of preventing and eliminating dense smoke or other air pollution.
(e) 
The location and dimensions of the premises, room, basement or other portion of the building in which such plant, equipment or device now is or may be located and also the doors, windows, airshafts, fans and other means of ventilation in such premises, room, basement or other portion of such building to be sufficient to prevent the temperature therein from rising to a point higher than 120° F. and to be sufficient, also, to provide that the atmosphere of any such room, basement or other portion of the building may be changed at least every 10 minutes.
(f) 
The location and dimensions of all stacks used in connection with or as a part of said fuel- or refuse-burning plant.
(3) 
The Chief may require such additional data as he may deem necessary for the purpose of issuing a permit.
[Amended 12-9-2003, effective 12-19-2003]
(4) 
No plans and specifications shall be approved nor shall a permit be issued for the installation, construction, erection or reconstruction of or addition to such fuel- or refuse-burning plant, equipment or device unless adequate and approved provisions as shown thereon for securing complete combustion of the fuel or refuse to be used, for the purpose of preventing dense smoke or other air pollution.
(5) 
After a permit has been issued, no fuel- or refuse-burning plant, equipment or device shall be operated or used with a type of fuel different from that specified nor in a manner different from the plans and specifications and the terms and conditions relating to its operation or use.
(6) 
Nothing in this section contained shall be construed so as to prohibit the making of repairs to any stack, fuel- or refuse-burning equipment or device.
(7) 
The duty to file plans and specifications and to obtain the permit required herein is hereby placed upon the person or persons contracting to install, erect, reconstruct, add to or use said fuel-burning equipment or device.
B. 
Fuel- or refuse-burning equipment or devices heretofore installed and for which no annual certificate of operation is required under the provisions of this Part 1 shall be subject to such inspection by the Chief Combustion Inspector as may be necessary to determine that the operation thereof is in compliance with the provisions of this Part 1 and any laws and ordinances applicable thereto.
[Amended 12-9-2003, effective 12-19-2003]
[Amended 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services shall not issue a permit for the erection, construction, reconstruction or alteration of any building or structure which includes or requires a stack connected with a fuel- or refuse-burning plant, equipment or device unless a permit has been issued as provided in § 66-5 hereof. It shall be the duty of the Chief Combustion Inspector, after such permit has been issued, to inspect the premises wherein said fuel- or refuse-burning plant, equipment or device is to be located to see that the execution of the work so authorized by said permit shall be done in conformity with the approved plans and specifications and the existing standards, rules and regulations applicable thereto.
A. 
It shall be unlawful for any person to use any new or reconstructed fuel- or refuse-burning plant, equipment or device until he shall have first procured a certificate of operation. No original certificate of operation shall be issued for such plant, equipment or device unless such plant, equipment or device is so constructed that it can consistently be managed to do the work required with the type of fuel and equipment to be used without emitting from the stack dense smoke, dust, soot, cinders, fly ash, noxious acids, fumes or gases.
B. 
An application for such original certificate of operation shall be made in writing, under oath, by the owner of the premises or his agent on forms to be provided by the Chief Combustion Inspector and shall contain such information as required by said examiner and shall be filed in his office.
[Amended 12-9-2003, effective 12-19-2003]
C. 
The issuance of said original certificate of operation shall be deemed to eliminate the necessity and requirement to obtain the annual certificate of operation provided for in § 66-8 of this Part 1 for the first year only from the date of the issuance of said original certificate of operation.
A. 
Every fuel- or refuse-burning plant, equipment or device shall be subject to annual inspection, and it shall be unlawful for any person to use or operate any fuel- or refuse-burning plant, equipment or device without first obtaining therefor an annual certificate of operation.
B. 
The first annual inspection shall commence one year from the effective date of this Part 1, and each annual certificate of operation shall be effective for one year from the date thereof.
Upon due application and upon furnishing proof that plans and specifications have been prepared for the reconstruction or alteration of or addition to any premises or fuel- or refuse-burning plant, equipment or device to prevent or eliminate air pollution or the emission of dense smoke and that the necessary steps have been taken to provide for compliance with the provisions of this Part 1 but that the proper equipment or device cannot be obtained immediately, a certificate of extension may be granted for a period of not less than one month and not more than six months, and such period may be extended further for not less than one month and not more than six months at any one time; provided, however, that any extension beyond an initial extension of six months shall require the approval of the Common Council of the City of Buffalo.
The issuance and delivery of a permit for the construction, reconstruction or alteration of or addition to any fuel- or refuse-burning plant, equipment or device or any stack connected thereto or the issuance and delivery of an original or an annual certificate of operation shall not be a bar to prosecution because of a violation of any of the provisions of this Part 1.
A. 
Fees for the examination of plans and specifications for a fuel- or refuse-burning plant, equipment or device, including the issuance of a permit therefor, and for the original and the annual inspection of such plant, equipment or device, including the issuance of certificates of operation therefor, shall be as provided in Chapter 175, Fees.
B. 
All fees provided for herein, except building permit fees, shall be collected by and paid to the Commissioner of Permit and Inspection Services, who shall issue all receipts, certificates and permits hereunder as authorized and approved by the Chief Combustion Inspector.
[Amended 12-9-2003, effective 12-19-2003]
The provisions of § 66-11 of this Part 1, relating to the payment of fees, shall not apply to any public building or to any fuel- or refuse-burning plant, equipment or device owned and operated by a governmental agency or any subdivision thereof.
A. 
It shall be the duty of a person engaged in the business of selling fuel- or refuse-burning equipment or devices which are required to be connected to a vent or stack to report to the Chief Combustion Inspector the sale of every such equipment or device to be installed or used anywhere within the City, and it shall be the duty of every person purchasing any such equipment or device, at the time of making such purchase, to give to the seller a statement, in writing, signed by such purchaser or his duly authorized agent, setting forth the correct address of the building in which such equipment or device is to be installed or used.
[Amended 12-9-2003, effective 12-19-2003]
B. 
The report of the vendor herein provided for shall be in writing, under oath, on forms provided by said Chief and shall be delivered or mailed to the office of said Chief within 30 days after such sale and shall contain the name and address of the purchaser and the location of the building in which such equipment or device is to be installed or used.
[Amended 12-9-2003, effective 12-19-2003]
C. 
A false statement or report or failure to file a report as herein provided in connection with the sale of any such equipment or device shall be a violation of the provisions of this Part 1. The Comptroller of the City is hereby empowered to inspect the records of the vendor for the purpose of ascertaining the accuracy of the reports herein required.
D. 
The provisions of this section shall not apply to:
(1) 
Fuel- or refuse-burning equipment or devices installed in buildings used exclusively for private residences containing fewer than three dwelling units or flats.
(2) 
Wholesale transactions made for the purpose of resale.
A. 
The provisions of §§ 66-5 to 66-11, both inclusive, of this Part 1 shall not apply to:
(1) 
Locomotives.
(2) 
Fuel-burning equipment or devices installed in buildings used exclusively for private residences containing fewer than three dwellings units or flats, except that no installation shall be made without the issuance of a permit thereof, upon such inspection thereof as may be required by the Chief Combustion Inspector. Such installation shall be exempt from annual inspection and the obtaining of an annual certificate of operation.
[Amended 12-9-2003, effective 12-19-2003]
(3) 
Fuel-burning equipment or devices installed to heat buildings used exclusively for private residences containing more than two dwelling units or flats which do not contain a central heating plant and the combined Btu input per hour of which does not exceed 250,000, except that no installation shall be made without the issuance of a permit therefor, upon such inspection thereof as may be required by the Chief Combustion Inspector. Such installation shall be exempt from annual inspection and the obtaining of an annual certificate of operation. However, all installations coming under the provisions of this subsection which have combined Btu input per hour in excess of 250,000 shall be subject to annual inspection.
[Amended 12-9-2003, effective 12-19-2003]
(4) 
Repairs to existing fuel devices (heating, ventilating and air conditioning - HVAC) installations in existing one- and two-family dwellings which are limited to:
[Added 7-20-2004, effective 8-2-2004]
(a) 
Fuel devices, systems and appurtenances. Resident homeowners and appropriately licensed heating contractors may make such repairs to existing installations, consistent with the definition of "repairs," without applying for and obtaining a fuel devices permit and paying fuel devices permit fees. However, even when fuel devices permits are not required, all installations, materials, parts, elements, components, devices and fixtures used in such repairs must conform to current SMACNA and ASHRAE requirements, Underwriter's Laboratory standards, NFPA requirements and Energy Code requirements, as well as current BCNYS building and fire prevention code requirements and City Charter codes and ordinances. No other fuel devices repairs may be made in existing one- and two-family dwellings without first obtaining a fuel devices permit and paying fuel devices permit fees.
(5) 
Repairs to existing fuel devices (heating, ventilating and air conditioning - HVAC) installations at existing commercial buildings which are limited to:
(a) 
Fuel devices, systems and appurtenances. Maintenance personnel and appropriately licensed heating contractors may make such repairs to existing installations, consistent with the definition of "repairs," without applying for and obtaining a fuel devices permit and paying fuel devices permit fees. However, even when fuel devices permits are not required, all installations, materials, parts, elements, components, devices and fixtures used in such repairs must conform to current SMACNA and ASHRAE requirements, Underwriter's Laboratory standards, NFPA requirements and Energy Code requirements, as well as current BCNYS building and fire prevention code requirements and City Charter codes and ordinances. No other fuel devices repairs may be made at existing commercial buildings without first obtaining a fuel devices permit and paying fuel devices permit fees.
(6) 
Renovations to existing fuel devices (heating, ventilating and air conditioning - HVAC) installations at existing one- and two-family dwellings which are limited to:
[Added 7-20-2004, effective 8-2-2004]
(a) 
Fuel devices, systems and appurtenances. "Renovations" does not include complete replacement of a fuel device. Resident homeowners and appropriately licensed heating contractors may make such renovations to existing installations, consistent with the definition of "renovations," without applying for and obtaining a fuel devices permit and paying fuel devices permit fees. However, even when fuel devices permits are not required, all installations, materials, parts, elements, components, devices, assemblies, systems and fixtures used in such renovations must conform to current SMACNA and ASHRAE requirements, Underwriter's Laboratory standards, NFPA requirements and Energy Code requirements, as well as current BCNYS building and fire prevention code requirements and City Charter, codes and ordinances. No other renovation of fuel devices parts, elements, components, assemblies or systems may be made in existing one- and two-family dwellings without first obtaining a fuel devices permit and paying fuel devices permit fees.
(7) 
Renovations to existing fuel devices (heating, ventilating and air conditioning - HVAC) installations at existing commercial buildings which are limited to:
[Added 7-20-2004, effective 8-2-2004]
(a) 
Fuel devices, systems and appurtenances. "Renovations" does not include complete replacement of a fuel device. Maintenance personnel and appropriately licensed heating contractors may make such renovations to existing installations, consistent with the definition of "renovations," without applying for and obtaining a fuel devices permit and paying fuel devices permit fees. However, even when fuel devices permits are not required, all installations, materials, parts, elements, components, devices, assemblies, systems and fixtures used in such renovations must conform to current SMACNA and ASHRAE requirements, Underwriter's Laboratory standards, NFPA requirements and Energy Code requirements, as well as current BCNYS building and fire prevention code requirements and City Charter Codes and Ordinances. No other renovations of fuel devices parts, elements, components, assemblies or systems may be made at existing commercial buildings without first obtaining a fuel devices permit and paying fuel devices permit fees.
(8) 
Service work on existing fuel devices installations at existing one- and two-family dwellings which is limited to:
[Added 7-20-2004, effective 8-2-2004]
(a) 
Fuel devices, systems and appurtenances. Resident homeowners, factory-certified service technicians, and appropriately licensed heating contractors may perform periodic service work on existing installations without applying for and obtaining a fuel devices permit and paying fuel devices permit fees. However, even when fuel devices permits are not required, all installations, materials, parts, elements, components, devices, assemblies, systems and fixtures used in such service work must conform to current SMACNA and ASHRAE requirements, Underwriter's Laboratory standards, NFPA requirements and Energy Code requirements, as well as current BCNYS building and fire prevention code requirements and City Charter, codes and ordinances.
(9) 
Service work on existing fuel devices installations at existing commercial buildings which is limited to:
[Added 7-20-2004, effective 8-2-2004]
(a) 
Fuel devices, systems and appurtenances. Factory-certified service technicians, maintenance personnel, and appropriately licensed heating contractors may perform periodic service work on existing installations without applying for and obtaining a fuel devices permit and paying fuel devices permit fees. However, even when fuel devices permits are not required, all installations, materials, parts, elements, components, devices, assemblies, systems and fixtures used in such service work must conform to current SMACNA and ASHRAE requirements, Underwriter's Laboratory standards, NFPA requirements and Energy Code requirements, as well as current BCNYS building and fire prevention code requirements and City Charter, codes and ordinances. A licensed heating contractor may, as an employee of a factory or plant, perform fuel devices work in such factory or plant.
(10) 
Installation of listed portable heating, ventilation or cooling equipment or appliances in existing one- and two-family dwellings. Resident homeowners and appropriately licensed handymen and heating contractors may make such installations without filing for or obtaining a fuel devices permit or paying fuel devices permit fees. However, even when fuel devices permits are not required, all such equipment and appliances in such installations must conform to current SMACNA and ASHRAE requirements, Underwriter's Laboratory standards, NFPA requirements and Energy Code requirements, as well as current BCNYS building and fire prevention code requirements and City Charter, codes and ordinances.
[Added 7-20-2004, effective 8-2-2004]
(11) 
Installation of listed portable heating, ventilation or cooling equipment or appliances at existing commercial buildings. Maintenance personnel and appropriately licensed heating contractors and construction managers may make such installations without filing for or obtaining a fuel devices permit or paying fuel devices permit fees. However, even when fuel devices permits are not required, all such equipment and appliances in such installations must conform to current SMACNA and ASHRAE requirements, Underwriter's Laboratory standards, NFPA requirements and Energy Code requirements, as well as current BCNYS building and fire prevention code requirements and City Charter, codes and ordinances. All other fuel devices work must be performed by a heating contractor, licensed by the City of Buffalo. All low-voltage work for fuel devices must be done by the resident homeowner where appropriate, by a licensed heating contractor or electrician, or by the appropriate factory-certified service technician or maintenance personnel. All other fuel devices (heating, ventilating, air conditioning and refrigeration) work requires a fuel devices permit and the payment of fuel devices permit fees. See Flat Fee and Area-Calculated Fee Schedules.[1]
[Added 7-20-2004, effective 8-2-2004]
[1]
Editor's Note: See Ch. 175, Fees.
B. 
No permit or inspection fee shall be imposed for fuel-burning equipment, either new or previously installed, where such fee has been otherwise provided for and paid by virtue of the provisions of any other ordinance.
Fuel-burning equipment or devices installed to heat buildings used exclusively for private residences containing fewer than three dwelling units or flats shall be equipped with efficient smoke-eliminating apparatus, unless such equipment or device is fueled with anthracite coal, coke, oil, gas or other smokeless fuel.
All boilers used in connection with steam shovels, locomotive cranes or used for stationary work shall, when operated, use only anthracite coal, coke, oil, gas or other smokeless fuel.
The owner or operator of every fuel- or refuse-burning plant, equipment or device except those in which the only fuel is gas or oil and except those in buildings used exclusively for private residences containing fewer than six dwelling units or flats, shall provide means whereby the fireman may be enabled to know, without leaving the boiler or furnace room, whether or not prohibited smoke is issuing from the stack. Such means of observation shall be one of the following:
A. 
A window or other opening through which an unobstructed view of the top of the stack may be had from the boiler or furnace room.
B. 
A mirror, so placed as to reflect the top of the stack, visible from the boiler or furnace room.
C. 
A smoke indicator installed so as to accurately indicate the type, volume and character of smoke being discharged.
A. 
No spreader stoker shall be installed or used in connection with any fuel-burning plant, equipment or device unless properly equipped with a fly-ash eliminator and steam or air jets approved by the Chief Combustion Inspector.
[Amended 12-9-2003, effective 12-19-2003]
B. 
No person shall install, operate or use any stoker in connection with any fuel-burning plant, equipment or device unless the following listed stoker settings are maintained:
Required Stoker Settings
(cast-iron and steel boiler-stoker setting heights; minimum required distance from lowest point of crown sheet to top of stoker retort)
For Stokers Feeding Not Over
(pounds per hour)
Distance
(inches)
30
20
40
22
50
24
75
26
100
28
150
30
200
32
300
34
400
36
500
39
750
46 1/2
1,000
54
C. 
For cast-iron boilers, seven-eighths (7/8) of the minimum headroom specified may be used. Water grate tubes in boilers so equipped must be removed in making stoker installations.
[Amended 12-9-2003, effective 12-19-2003]
No person shall kindle or maintain or authorize to be kindled or maintained any open, unconfined fire on or in any street or public place or public grounds or upon any private premises in the City unless with written permission of the Bureau of Fire Prevention and the Chief Combustion Inspector. An "open, unconfined fire" is defined herein as any fire that is not contained or enclosed within or controlled by a lawful fuel- or refuse-burning plant, equipment or device. The burning of motor vehicle bodies, parts and accessories and similar salvage and junk materials in open, unconfined fires not enclosed by a proper and lawful fuel- or refuse-burning plant or device is hereby prohibited.