[HISTORY: Derived from Art. X of Ch. VI of the Charter and
Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
[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:
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]
The simultaneous production of power/electricity, hot water,
and/or steam from a fuel source.
[Added 2-22-2005, effective 3-7-2005]
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]
[Amended 2-22-2005, effective 3-7-2005]
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.
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.
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.
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.
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.
A hot water, steam boiler or pressure vessel of 125 or more
horsepower, which received its source from co-generation.
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]
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.
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.
