[Amended 11-13-1990 by L.L. No. 9-1990; 7-18-1996 by L.L. No.
5-1996; 12-10-2019 by L.L. No. 11-2019]
A.
Every person, firm or corporation which shall have contracted, undertaken
or become bound to heat or furnish heat for any building or portion
thereof occupied as a home or place of residence or as a business
establishment in the City of Yonkers shall heat or furnish heat to
every occupied room in such building or portion thereof so that an
air temperature of not less than 68° F. is maintained therein
as follows:
B.
Whenever the outside or street temperature falls below 55° F.
between 11:00 p.m. and 6:00 a.m., an air temperature of 65° F.
shall be maintained.
C.
Air temperature, as used herein, shall be measured at the approximate
center of the room at a point approximately 5 1/2 feet above
the average floor level of the room.
D.
Whenever a building or portion thereof is heated by an apparatus
under the control of the owner, agent, lessee, superintendent or janitor
of such building, such person, in the absence of a contract or written
agreement to the contrary, shall be deemed to have contracted or been
bound to furnish heat in accordance with the requirements of this
article and the New York Uniform Code and shall each or severally
be liable for violation of the provisions thereof. Nothing herein
shall apply to a building or portion thereof used for the conduct
of a business or trade wherein high or low temperatures are essential
or unavoidable.
E.
The owner of any building occupied in whole or in part by one or
more residential tenants shall cause all heating systems affecting
those residential tenancies, including all installed heating units
and water-heating devices, to be inspected and tested between May
1 and September 1 to ensure that they have been properly maintained,
they are able to produce the heat and hot-water temperature required
by this chapter and the New York Uniform Code and they are able to
safely vent any products of combustion to the exterior.
F.
The inspection shall be performed by a qualified person engaged full-time
in the pursuit of installing, maintaining or repairing such equipment.
Boilers shall have, conspicuously posted, on or near said boiler a
sign that provides the name and contact information of the boiler
service company.
G.
A report of such inspection and test, signed by the representative
of the inspecting firm, shall be filed with the Department within
15 days following the inspection and no later than September 15 of
the year of the inspection.
H.
Defects or violations in the heating system or of water-heating appliances
and their appurtenances found upon inspection shall be corrected prior
to September 15 of the year of inspection.
I.
Failure to have the heating system inspected and to file such inspection
report with the Department within 15 days of the inspection or by
September 15, whichever shall come first, shall be deemed to be prima
facie evidence of an intentional violation of this section in the
event that such systems shall fail to provide adequate heat as required
by this article and the New York Uniform Code at any time during the
heating season.
[Amended 6-11-1991 by L.L. No. 6-1991; 7-18-1996 by L.L. No. 5-1996; 12-8-2015 by L.L. No. 26-2015]
A.
No boiler shall be operated as part of the heating system of any
multiple residence housing six or more families unless it is approved
by the Commissioner of the Department of Housing and Buildings. Approval
shall be evidenced by a permit to operate issued by the Department,
and such permit shall remain in effect for a period no longer than
one year from the date of issuance.
B.
A permit to operate may be revoked pursuant to the procedures authorized
in this chapter if the safety, health or well-being of the building
occupants is jeopardized or in any way diminished.
C.
Prior to the issuance of an annual permit to operate, the following
conditions shall be satisfied:
(1)
All inspections and tests shall be performed and the results submitted
as required by this article.
(2)
The owner shall submit to the Department a copy of a report of the
boiler inspection performed by the Industrial Commissioner of the
State of New York or his authorized representative or by an authorized
insurance company in accordance with the provisions of Part 4 of Title
12 of the Official Compilation of the Codes, Rules and Regulations
of the State of New York. Such report shall be signed by the representative
of the inspecting authority, shall list all defects and violations
noted and shall be filed with the Department within 15 days of the
date of inspection. In lieu of an inspection report, a copy of a current
boiler certificate issued by the New York State Department of Labor
will be accepted.
[Amended 6-11-1991 by L.L. No. 6-1991]
A.
No heating system shall be installed or altered in a building housing
three or more families without the approval of the Commissioner of
the Department of Housing and Buildings. Unless otherwise excepted,
such approval shall be evidenced by the issuance of a permit by the
Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
Prior to the issuance of such permit, the applicant shall submit
a certified report and/or calculations indicating compliance of such
heating system installation or alteration with design criteria of
the New York Uniform Code, this chapter and the rules and regulations
of the Department.
[Amended 7-18-1996 by L.L. No. 5-1996]
C.
Minor repairs which do not affect the heating capacity of the system
shall not require a permit.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Commissioner of the Department of Housing and Buildings
shall be authorized to cause inspections of boilers, as needed, to
protect the health, safety and well-being of the building's occupants
and to enforce the provision of this code.
[Amended 6-11-1991 by L.L. No. 6-1991; 7-12-1994 by L.L. No.
8-1994; 7-18-1996 by L.L. No. 9-1996; 10-26-2004 by L.L. No.
5-2004; 5-14-2019 by L.L. No. 5-2019]
A.
Permits to operate. An annual fee of $250 per boiler shall be paid
prior to the issuance of a permit to operate. The maximum annual fee
for a single building shall not exceed the sum of $1,000.
B.
If the prescribed fee is not paid by June 15 of the year due, then
a late charge equal to two times the fee due shall be required and
added to any other fees due.
C.
For calendar year 2019 only, a credit of $25 per boiler will be applied
to all renewal applications submitted on or before the due date of
June 15, 2019. The credit is only applicable to those 2018 renewals
that were received by September 15, 2018. In addition, the credit
will not be applied if any late fees are outstanding. The applicant's
failure to supply the required information required by this article
shall be cause for rejection of the application.
All equipment, including but not limited to boilers and hot-water
heaters, regulated by this chapter and the New York Uniform Code shall
be maintained in good working order and shall be operated as required
by this chapter and the New York Uniform Code.
