NYC Admin. Code tit. 24, ch. 1, subch. 1 — Short Title, Policy, and Definitions | New York City Administrative Code (current through L.L. 2026/147, enacted September 12, 2026, and amendments effective through October 10, 2026) — City of New York

NYC Admin. Code § 24-101 Short title.

§ 24-101 Short title. Chapter one of this title of the code of the city of New York shall be known and may be cited as the "New York city air pollution control code."

NYC Admin. Code § 24-102 Declaration of policy.

§ 24-102 Declaration of policy. It is hereby declared to be the public policy of the city to preserve, protect and improve the air quality of the city so as to promote health, safety and welfare, prevent injury to human, plant and animal life and property, foster the comfort and convenience of its inhabitants and facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city that every person is entitled to air that is not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the emission into the open air of any harmful or objectionable substance, including but not limited to smoke, soot, fly ash, dust, fumes, gas, vapors, odors or any products of combustion or incomplete combustion resulting from the use of fuel burning equipment or refuse burning equipment is a menace to the health, welfare and comfort of the people of the city and a cause of extensive damage to property. For the purpose of controlling and reducing air pollution, it is hereby declared to be the policy of the city to actively regulate and eliminate such emissions. The necessity for legislation by the enactment of the provisions of this chapter is hereby declared as a matter of legislative determination. This code shall be liberally construed so as to effectuate the purposes described in this section. Nothing herein shall be construed to abridge the emergency powers of the board of health of the department of health and mental hygiene or the right of such department to engage in any of its necessary or proper activities. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/039.

NYC Admin. Code § 24-104 Definitions.

§ 24-104 Definitions. When used in the New York city air pollution control code: "Air" means all the respirable gaseous mixture available for human, animal or plant respiration. "Air contaminant" means any particulates, aerosol or any gas or any combination thereof in the open air, other than uncombined water. "Air contaminant detector" means a device or combination of devices that cause audible and/or visible signals in the presence of an air contaminant of a particular concentration, density or opacity. "Air contaminant recorder" means an apparatus that produces a record of the time, duration, concentration and density or opacity of an air contaminant. "Air pollution" means the presence in the open air of one or more contaminants in quantities, of characteristics and of a duration that are or may be injurious to human, animal or plant life or to property or that unreasonably interfere with the comfortable enjoyment of life and property. "Alteration" means any modification or change of the design, capacity, process or arrangement, or any increase in the connected load of equipment or any apparatus that will affect the kind of air contaminant emitted or increase the amount of an air contaminant emitted. Alteration does not include replacement or repair of worn out or defective equipment. "Anthracite coal" means anthracite coal as classified by the ASTM standard D 388-12. "Apparatus" means any device that prevents, controls, detects, or records the emission of any air contaminant from fuel burning equipment. "Architectural coating" means coating to be applied to stationary structures and their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Adhesives and coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, and automobiles are not considered architectural coatings for the purposes of this code. "Biodiesel" means a fuel, designated B100, that is composed exclusively of mono-alkyl esters of long chain fatty acids derived from feedstock and that meets the specifications of ASTM standard D 6751-12. "Bioheating fuel" means a fuel comprised of biodiesel blended with petroleum heating oil that meets the specifications of ASTM standard D 396-12, or other specifications as determined by the commissioner. "Board" means the environmental control board of the city of New York. "Boiler" means equipment that is used to heat water for the purpose of generating hot water and/or steam. The hot water and/or steam generated by a boiler may be used for heating, processing, or generating power or for other purposes, including but not limited to, cooking and sanitation. "British thermal unit" or "Btu" means the amount of energy needed to heat one pound of water by one degree Fahrenheit. "Capacity rating" means the fuel burning equipment manufacturer's guaranteed maximum heat input rating in millions of Btu per hour, or the maximum four-hour average actual rate, whichever is higher. "Certificate of operation" means a document issued by the department authorizing the operation of a specific piece of equipment or apparatus that may emit an air contaminant. "Chain-driven commercial char broiler" means a commercial char broiler that is a semi-enclosed cooking device with a mechanical chain that automatically moves food through the device. "Charter" means the New York city charter. "City" means the city of New York. "City agency" means a city, county, borough, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury. "Clean wood" means wood or wood pellets that have not been painted, stained, or treated with any coating, glue or preservative. "Cogeneration system" means equipment for the simultaneous production of electricity and heat from a single fuel source, such as natural gas, biomass, waste heat, or oil. Cogeneration system is also known as a combined heat and power system. "Combustion controller" means an apparatus that automatically and continually maintains the proper fuel to air ratio for the optimum combustion of fuel. "Combustion shutoff" means an apparatus that is designed to halt automatically a combustion process when proper combustion conditions are not being maintained. "Commercial char broiler" means a device that consists primarily of a grated grill and a heat source and that is used to cook meat, including beef, lamb, pork, poultry, fish, and seafood, for human consumption at a food service establishment, as such term is defined in section 81.03 of the New York city health code. "Commissioner" means the commissioner of environmental protection. "Control apparatus" means any device that prevents or controls the emission of an air contaminant. "Cook stove" means any wood fired or anthracite coal fired appliance used primarily for cooking food for onsite consumption at a food service establishment, as such term is defined in section 81.03 of the New York city health code. "Demolition" means the complete or partial removal, razing, or dismantling of any exterior part of a building or structure. "Department" means the department of environmental protection. "Dust" means solid particulates that have been released into the air by natural forces or by manual or mechanical processes. "Emergency generator" means an internal combustion engine that operates as a mechanical or electrical power source only when the usual source of power is unavailable. "Emission" means dispersion of an air contaminant into the open air of the city. "Emission rate potential" means the rate in pounds per hour at which an air contaminant would be emitted to the open air in the absence of air pollution control facilities or other control measures. The emission rate potential for cyclic operations shall be determined by considering both the instantaneous emission potential and the total emission potential over the time period of the cycle. "Emission source" means a point at which an emission occurs. "Engine" means a motor designed to convert energy into useful mechanical motion. "Environmental rating" means a rating as established in part two hundred twelve of title six of the New York codes, rules and regulations. "Equipment" means any device capable of causing the emission of an air contaminant into the open air, or any stack, conduit, flue, duct, vent or similar device connected or attached to, or serving such device. "Exhaust" or "ventilation source" means a system that removes or transports an air contaminant to the exterior of a building or other structure. "Experimental installation" means equipment not previously used or tested in the city, or equipment using fuel not regulated by this code or rules promulgated thereunder. "Feedstock" means soybean oil, oil from annual covercrops, algal oil, biogenic waste oils, fats or greases, or non-food grade corn oil, provided that the commissioner may modify the definition of feedstock based on the vegetable oils, animal fats or cellulosic biomass listed in table 1 of 40 CFR § 80.1426. "Fireplace" means a hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. "Flare" means an open or closed flame gas combustion device used for burning off unwanted gas or flammable gas. A flare may include some or all of the following components: the foundation, flare tip, structure support, burner, ignition, flare controls including air injection or steam injection systems, flame arrestors, knockout pots, piping and header systems. "Fuel burning equipment" means equipment, other than a motor vehicle, designed to burn oil, natural gas, or renewable fuel. "Fuel oil grade no. 1" means a fuel oil meeting the definition of fuel oil grade no. 1 as classified by ASTM standard D 396-12. "Fuel oil grade no. 2" means a fuel oil meeting the definition of fuel oil grade no. 2 as classified by ASTM standard D 396-12. "Fuel oil grade no. 4" means a fuel oil meeting the definition of fuel oil grade no. 4 as classified by ASTM standard D 396-12. "Fuel oil grade no. 6" means a fuel oil meeting the definition of fuel oil grade no. 6 as classified by ASTM standard D 396-12. "Generator" means any internal combustion engine that operates as a mechanical or electrical power source. "Heat input" means the quantity of heat generated by fuel fed into equipment under conditions of complete combustion, measured in British thermal units. Heat input includes sensible heat, calculated above sixty degrees Fahrenheit, available from materials introduced into the combustion zone. "Horsepower" means a unit of power in the United States Customary System, equal to 745.7 watts or thirty-three thousand foot-pounds per minute. "Installation" means the placement, assemblage or construction of equipment or apparatus at the premises where the equipment or apparatus will be used, and includes all preparatory work at such premises. "Kilowatt" means a unit of electrical power equal to one thousand watts. "Mobile food vending unit" shall have the same meaning as set forth in section 89.03 of the New York city health code. "Motor vehicle" means equipment that is propelled by an engine in or upon which a person or material may be transported on the ground. "Odorous air contaminant" means any air contaminant that is released in sufficient concentrations to be detected by the human olfactory sense. "Open air" means all the air available for human, animal, or plant respiration, but shall not include the air in equipment and private dwellings. "Open fire" means any outdoor fire or smoke producing process wherein the products of combustion are emitted directly into open air and are not directed thereto through a stack, conduit, flue, duct, vent or similar device. "Outdoor wood boiler" means a device designed to burn wood that is either located outdoors or is specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans, and is used to heat building space or water by means of gas or liquid heated in the device. "Owner" means and includes the owner of the premises or lesser estate therein or mortgagee thereof, a lessee or an agent of any of the above persons, a lessee of the equipment or his or her agent, a tenant, operator, or any other person who has regular control of equipment or apparatus. "Particulate" means any air or gas-borne material, except water, that exists as a liquid or solid. The quantity of particulates present in a stack shall be determined in accordance with emission testing methods as prescribed by the commissioner by rule. As used in this code, particulate matter shall have the same meaning as particulates. "Peak shaving" means the practice of utilizing on-site generating capacity for use at a facility at the request of the primary electricity supplier, provided that peak shaving shall not include emergency generation when the usual sources of heat, power, and lighting are temporarily unavailable. "Permissible emission rates" means the maximum rate in pounds per hour (lbs./hr.) at which air contaminants are allowed to be emitted to the open air. "Person" means individual or partnership, company, corporation, association, firm, organization, governmental agency, administration or department, or any other group of individuals, or any officer or employee thereof. "Portable" means (i) designed to be and capable of being carried or moved from one location to another, and (ii) not kept at one location for more than twelve consecutive months. Mechanisms indicating that an object is designed to be and capable of being carried or moved from one location to another include, but are not limited to, wheels, skids, carrying handles or platforms. "Portable equipment" means equipment designed to be transported from place to place for temporary operation and to provide heat or hot water. "Portable generator" means any internal combustion engine whose uses may include, but are not limited to, the generation of electric power, designed to be and capable of being carried or moved from one location to another. "Process" means any industrial, commercial, agricultural or other activity, operation, manufacture or treatment in which chemical, biological and/or physical properties of the material or materials are changed, or in which the material(s) is conveyed or stored without changing the material(s) (where such conveyance or storage system is equipped with a vent(s) and is non-mobile), and which emits air contaminants to the outdoor atmosphere. A process does not include an open fire, operation of a combustion installation, or incineration of refuse other than by-products or wastes from processes. "Professional certification" means certification by a professional engineer or registered architect who is licensed to practice engineering or architecture under section seven thousand two hundred two or seven thousand three hundred two of the education law. "Professional engineer" means a person licensed and registered to practice the profession of engineering pursuant to the New York state education law. "Refuse burning equipment" means equipment designed to burn biological materials from hospitals or crematoriums, waste material burned for the purpose of energy generation, or such other material as may be designated by the department by rule. "Registered architect" is a person licensed and registered to practice the profession of architecture pursuant to the New York state education law. "Registered design professional" means a professional engineer or registered architect. "Registration" means a notification to the department of the use or operation of equipment that may result in the emission of an air contaminant. "Renewable biomass" means crops and crop residue from existing agricultural land, tree residues, animal waste material and byproducts, slash and pre-commercial thinnings from non-federal forest land, biomass cleared from the vicinity of buildings and other areas to reduce the risk of wildfire, algae, and separated yard waste or food waste. Such term shall not include processed materials such as particle board, treated or painted wood and melamine resin-coated panels. "Renewable fuel" means fuel produced from renewable biomass or captured from landfills or wastewater treatment. "Residual fuel oil" means a fuel oil meeting the current definition of fuel oil grades No. 5 and 6 as classified by the ASTM standard D 396-12. "Scrubber" means a control apparatus that uses water or other fluids to remove an air contaminant from an exhaust stream. "Standard smoke chart" means the Ringelmann chart, as published by the United States bureau of mines, photographically reduced to 1/18th in size for use in the field. "Stationary" means (i) not designed to be or capable of being carried or moved from one location to another, or (ii) kept at one location for more than twelve consecutive months. "Stationary reciprocating compression ignition internal combustion engine" shall have the same meaning as set forth in 40 CFR § 60.4219. "This code" means the air pollution control code. "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur content of no more than fifteen parts per million. "Under-fired commercial char broiler" means a commercial char broiler that has a grill, a high temperature radiant surface, and a heat source that is located below the food. "Water heater" means a boiler used to heat and store water. "Wood burning heater" means any enclosed, permanently installed, indoor device burning pellets designed to be used primarily for aesthetic purposes. "Work permit" means a permit issued for the installation or alteration of a device or apparatus. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2016/119, 10/18/2016, eff. 10/18/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/039.