Work Permits and Certificates of Operation

NYC Admin. Code tit. 24, ch. 1, subch. 4

in effect

NYC Admin. Code § 24-120 Installation and alteration; work permit required.

§ 24-120 Installation and alteration; work permit required. No person shall cause or permit the installation or alteration of equipment or apparatus, except as provided in section 24-121 of this code, without first obtaining a work permit from the commissioner, and such other licenses or permits as may be required by other governmental agencies and departments. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-121 Work permits, exemptions.

§ 24-121 Work permits, exemptions. (a) A work permit shall not be required for the installation or alteration of the following equipment or apparatus: (1) Air conditioning, ventilating, or exhaust systems not designed to remove air contaminants generated by or released from equipment or exhaust systems for controlling steam and heat. (2) Air contaminant detector or air contaminant recorder. (3) Construction equipment except for generators. (4) Deicing storage tanks. (5) Dilution ventilating systems for control of welding fumes and gases. (6) Equipment with an environmental rating of D. (7) Fuel burning equipment that has a Btu input or a gross output of less than four million two hundred thousand Btu per hour and uses a fuel gas, natural gas, gasoline or fuel oil grade No. 1 or 2. (8) Installations for the preparation of food for on-site consumption or retail purchase, unless required elsewhere in this code or pursuant to rules issued by the commissioner. (9) Internal combustion engines used to power any motor vehicle or any stationary engine that has an output of not more than six hundred horsepower. (10) Laboratory equipment used exclusively for chemical or physical analyses of non-radioactive material. (11) Refrigeration equipment used for cold storage. (12) Steam safety valves. (13) Vents used exclusively by tanks used for the storage of fuel oil, biodiesel, liquid soap, liquid detergent, tallow or vegetable oil, waxes, or emulsions. (14) Vents used exclusively as part of a sanitary or storm drainage systems. (15) Vacuum cleaning systems used exclusively for industrial, commercial or residential housekeeping. (16) Ventilating or exhaust systems for storage rooms or cabinets for paint, ink, or solvents. (17) Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of condensed water for jet or barometric condensers. (18) Equipment for which a registration is required pursuant to section 24-109 of the code. (19) Anti-icing trucks used by the department of transportation. (20) High-efficiency particulate air (HEPA) vacuum. (21) Any other equipment or apparatus exempted by the commissioner by rule. (b) A work permit shall not be required for the installation or alteration of equipment or apparatus in one and two-family dwellings. (c) Although a work permit is not required for the installation or alteration of the equipment or apparatus listed in subdivisions (a) and (b) of this section, such equipment and apparatus shall otherwise comply with this code. (d) A work permit shall not be required to begin an alteration of equipment or apparatus if delaying the alteration may endanger life or the supplying of essential services. The department shall be notified in writing of the alteration within twenty-four hours or on the first working day, after the alteration is commenced, and an application for a work permit shall be filed within fourteen days after the day the alteration is commenced. (e) Nothing in this section shall in any way alter, affect, or change any other requirement or law of any other governmental agency or department. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-122 Certificates of operation and renewal of certificates of operation; when required.

§ 24-122 Certificates of operation and renewal of certificates of operation; when required. (a) No person shall cause or permit the use or operation of equipment or apparatus for which a work permit is required without first obtaining a certificate of operation from the commissioner, except the use or operation for the purpose of testing the equipment or apparatus or for the purpose of testing an experimental installation or alteration for a reasonable period of time, as follows: (1) Testing of the equipment, apparatus, or experimental installation or alteration is permitted for an initial period of thirty days beginning upon notification to the department of a start date. (2) If a person discovers during testing of the equipment, apparatus, or experimental installation or alteration that the equipment requires repairs necessitating interruption of the testing, such person shall notify the department of a new start date within ten days of the discovery and shall have an additional period of time not to exceed thirty days from such new start date to test the equipment, provided that the total combined testing period shall not exceed sixty days. (b) No person shall cause or permit the use or operation of the following equipment, or cause or permit the keeping of any such equipment so as to be capable of being used or operated, without first obtaining a certificate of operation from the commissioner. (1) Fuel burning equipment; (2) Equipment used in a process, except as otherwise provided by the commissioner by rule; (3) Portable equipment; (4) Equipment described in subdivisions one through four of section 24-118 of the code. (c) No certificate of operation shall be required for equipment for which a registration is required pursuant to section 24-109 of the code. (d) A certificate of operation for equipment shall be valid for a period of up to three years from the date of issuance, unless sooner revoked or cancelled by the commissioner. (e) If equipment or apparatus for which a certificate of operation has been issued is dismantled or rendered inoperable, the owner of such equipment or apparatus shall notify the department within twenty days on forms furnished by the department. If the commissioner finds to his or her satisfaction that such equipment or apparatus has been dismantled or rendered inoperable, renewal of the certificate of operation shall not be required for as long as the equipment or apparatus remains dismantled or inoperable. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-123 General requirements for applications for work permits, certificates of operation, and renewal of certificates of operation.

§ 24-123 General requirements for applications for work permits, certificates of operation, and renewal of certificates of operation. (a) Application for a work permit, for a certificate of operation or for the renewal of a certificate of operation shall be made by the owner of the equipment or apparatus on forms furnished by the department. If the applicant is a partnership or group other than a corporation, the application shall be signed by one individual who is a member of the group. If the applicant is a corporation, the application shall be signed by an officer of the corporation. (b) A separate application is required for each unit of equipment or apparatus, unless identical units of equipment or apparatus are to be installed, altered or operated in an identical manner in the same building. (c) Each application shall be signed by the applicant and by an architect, engineer or any other professional approved by the commissioner by rule. The architect, engineer or other professional shall certify the accuracy of the technical information concerning the equipment or apparatus contained in the application, plans and other papers submitted. In the case of an application for the certificate of operation required by this code, the certifying architect, engineer or other professional shall also certify that he or she inspected the equipment and that the equipment satisfies the provisions of this code. The signature of the applicant shall constitute an agreement that the applicant will assume responsibility for the installation, alteration or use of the equipment or apparatus concerned in accordance with the requirements of this code. (d) Application for the renewal of a certificate of operation shall be filed no later than forty-five days and no earlier than one hundred twenty days prior to the expiration of the certificate of operation. (e) Application for a work permit or for a certificate of operation is automatically cancelled if a certificate of workers' compensation and a certificate of disability insurance is not filed with the department within sixty days after service on the applicant of a notice of failure to file such certificate, exclusive of the day of service. (f) Information exempt by law from disclosure as confidential commercial information that may be required, ascertained or discovered by the department shall not be disclosed by any department employee, except that the information may be disclosed by the commissioner if the department is subpoenaed for the information or if in the course of a court proceeding or department or administrative hearing, the information is relevant to the proceeding or hearing. (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. 1989/014.

NYC Admin. Code § 24-124 Information required for applications for permits, sulfur exemption certificates. [Repealed] (Repealed L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-125 Standards for granting work permits.

§ 24-125 Standards for granting work permits. (a) Except as provided in section 24-126 of this code, no work permit shall be granted unless the applicant certifies to the satisfaction of the commissioner that: (1) The equipment is designed and will be installed or altered to operate in accordance with the provisions of this code and with any applicable rules the commissioner may promulgate pursuant to this code; (2) The equipment has been certified by a registered design professional to meet the current applicable federal, state and city emission standards; (3) Equipment that will have a stack, chimney, or breaching will be provided with: (i) Sampling ports of a size, number and location as the commissioner may require, and (ii) Safe access to each port, and (iii) Such other sampling and testing facilities as the commissioner may require; (4) Refuse burning equipment operated by the department contains control apparatus which meets any performance standards that may be prescribed by the commissioner; (5) When required by the commissioner, fuel burning equipment that will use residual fuel oil will be installed with an air contaminant detector together with either a combustion shutoff or, when acceptable to the commissioner, an air contaminant recorder, except that no combustion shutoff shall be required on fuel burning equipment used to generate steam for off-premises sale or electricity; and (6) All parts of the equipment can be readily cleaned and repaired. (b) In order to reduce the emission of air contaminants and to insure optimum combustion in fuel burning equipment and refuse burning equipment, such equipment shall be shown to the satisfaction of the commissioner to: (1) Be of a proper size to handle the planned load, be located in a proper place and incorporate appropriate apparatus; and (2) Burn fuel or other material determined by the commissioner to be appropriate for the specific size and type of equipment. (c) The commissioner may require that any equipment or apparatus that requires a work permit, or any class or category of such equipment or apparatus, be included on a list of accepted equipment or apparatus maintained by the department. No acceptance for listing of equipment or apparatus shall be granted unless the applicant certifies to the satisfaction of the commissioner that such equipment or apparatus complies with all applicable provisions of this code and such other applicable rules as the commissioner may promulgate pursuant to this code. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-126 Conditional approval of experimental installations and alterations.

§ 24-126 Conditional approval of experimental installations and alterations. The commissioner may grant a work permit, or an alternative form of approval, for an experimental installation or alteration on conditional approval if it appears likely from all of the information submitted that the installation or alteration when completed may satisfy the standards of section 24-125 of this code. The work permit shall be valid for a period not to exceed three years. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-127 Expiration of work permits.

§ 24-127 Expiration of work permits. (a) In newly constructed buildings, a work permit shall expire if the installation is not completed within one year from the date of issuance of the work permit or if work on the installation under the work permit is suspended for more than ninety days. (b) In existing buildings, a work permit shall expire if the installation or alteration is not begun within ninety days from the date of issuance of the work permit or if the work of the installation or alteration is suspended for more than thirty days or if the installation or alteration is not completed within six months. (c) Extensions may be granted for a period of not more than six months per extension, provided that an application for an extension shall be made at least thirty days prior to the expiration of the work permit. (d) An expired work permit shall be reinstated if it is filed within one year of the expiration date of the work permit. If an application for reinstatement is not filed within one year of the expiration date of the work permit, then a new application shall be filed with the department. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-128 Standards for granting or renewing certificates of operation.

§ 24-128 Standards for granting or renewing certificates of operation. (a) No initial certificate of operation shall be granted for the use or operation of equipment or apparatus for which a work permit is required unless the applicant first requests an inspection by the department to certify that the equipment or apparatus is installed in accordance with the work permit and operates in accordance with this code. Such inspection shall include testing as set forth in subdivision (a) of section 24-129 of this code. (b) No certificate of operation shall be granted or renewed for the use or operation of equipment or apparatus unless the applicant shows to the satisfaction of the commissioner that the equipment or apparatus covered by such certificate of operation satisfies the standards established in the code or by rules or regulations promulgated thereunder in effect on the date of the issuance of the original certificate of operation. (c) An application for a certificate of operation or any renewal or reinstatement thereof may be denied by the commissioner if any board penalty against the owner of equipment or apparatus which is the subject of the application has not been complied with or satisfied. (d) If an owner fails to make an application to renew a certificate of operation within one hundred eighty days from the date of mailing of notice by the commissioner that such application is required, such owner shall be required to file a new application for a work permit pursuant to sections 24-123 and 24-125 of the code. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-129 Testing before granting or renewing of certificates of operation.

§ 24-129 Testing before granting or renewing of certificates of operation. (a) A certificate of operation shall not be granted or renewed unless the equipment passes such tests as the commissioner may require by rule. The commissioner may require the applicant to conduct such tests. A failing test result shall result in disapproval. (b) If in the opinion of the commissioner tests by the department are necessary, the facilities for such tests, exclusive of sampling and sensory devices, shall be furnished by and at the expense of the owner or lessee or his or her agent as provided by subdivision (d) of section 24-107 of this code. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-130 Action on applications for work permits and certificates of operation.

§ 24-130 Action on applications for work permits and certificates of operation. (a) The commissioner shall act within a reasonable time not to exceed forty-five days on an application for a work permit or certificate of operation, or for a renewal of a certificate of operation, and shall notify the applicant in writing of his or her approval or disapproval of the application. (b) If an application is disapproved, the commissioner shall set forth his or her objections in the notice of disapproval. (c) Within forty-five days after service on the applicant of the notice of disapproval, the applicant may request the commissioner to reconsider the application by answering in writing the commissioner's objection to the application. The application shall be deemed cancelled if the applicant fails to answer or request an extension of time within forty-five days after the service of the notice of disapproval. (d) The commissioner shall consider the applicant's answer to his or her objections, and shall notify the applicant in writing within a reasonable time, not to exceed forty-five days, of his or her approval or denial of the application. (e) The commissioner may grant a temporary certificate of operation for a period not to exceed sixty days upon receipt of an application for the granting or renewal of a certificate of operation and may, at his or her discretion, renew a temporary certificate of operation for an additional period not to exceed sixty days. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-131 Conditions of work permits and certificates of operation to be observed.

§ 24-131 Conditions of work permits and certificates of operation to be observed. The holder of a work permit or certificate of operation shall comply with the conditions and terms contained in the work permit or in the certificate of operation. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-132 Suspension or revocation of work permits and certificates of operation.

§ 24-132 Suspension or revocation of work permits and certificates of operation. (a) The commissioner shall suspend or revoke a work permit or certificate of operation when ordered to do so by the board pursuant to subchapter nine of this code. (b) Suspension or revocation of a work permit or certificate of operation shall become final five days after service of notice on the holder of the work permit or certificate of operation. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-133 Denial of permits and certificates; departmental hearing, stay of action. [Repealed] (Repealed L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-134 Surrender of work permits and certificates of operation.

§ 24-134 Surrender of work permits and certificates of operation. A work permit or certificate of operation that has been cancelled or revoked pursuant to this code shall be surrendered to the commissioner within five business days of receipt of the notice of revocation. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

NYC Admin. Code § 24-135 Transfer of work permits and certificates of operation.

§ 24-135 Transfer of work permits and certificates of operation. (a) A work permit shall not be transferred, except to the new property owner upon conveyance of the property. If the new owner employs a different registered design professional, that registered design professional shall recertify the application. (b) A certificate of operation shall not be transferred, except to the new property owner upon conveyance of the property. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-216735Fetched: 10/24/2026