[Added 7-20-2004, 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.
[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.
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.
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.
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.
[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.