12 NYCRR | New York Codes, Rules and Regulations, Title 12

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Chapter I Industrial Board Of Appeals

Subchapter A The Industrial Code

Part 4 Low Pressure Boilers

General Provisions General Provisions

N.Y. Comp. Codes R. & Regs. Tit. 12§§ 4-1.1 Title and citation

Within and for the purposes of the Department of Labor this Part (rule) may be known and cited as Industrial Code Rule No. 4, in full or by abbreviation, as an alternative and without prejudice to its designation and citation established by the Secretary of State.

N.Y. Comp. Codes R. & Regs. Tit. 12§§ 4-1.2 Definitions

(a) Approved means, in respect to a device or material: in compliance with a subsisting resolution of approval adopted by the commissioner; in respect to action by the commissioner: made the subject of a resolution of approval.

(b) ASME Code means the boiler and pressure vessel code published by the American Society of Mechanical Engineers.

(c) Boiler means 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, but shall not include a device or apparatus used solely to heat water for a hot water supply system. 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.

(d) Commissioner means the Commissioner of Labor of the State of New York.

(e) Component means a constituent part of a boiler assembly.

(f) Defect means a condition which may directly or indirectly cause a boiler to be or become a source of danger to any person by reason of fire, explosion, leakage, electricity or ionizing radiation.

(g) Defective boiler means one which as an assembly includes a defect, or a boiler which is not provided with all required controls and devices in good operating condition.

(h) Department means the Department of Labor.

(i) Installed means, in respect to a heating system boiler as a vessel: placed in a fixed operating location and connected to the heat distribution system. The term does not include a reassembly not involving a change of location.

(j) Insurance company means a company which has been licensed in this State to write boiler insurance and which is actively engaged in writing such insurance for the general public.

(k) Low pressure boiler means a boiler producing steam or vapor at a gage pressure of 15 pounds per square inch or less, or producing hot water at a gage pressure not exceeding 160 pounds per square inch, or at a temperature not exceeding 250 degrees Fahrenheit.

(l) Maximum allowable working pressure means the maximum gage pressure permissible at the top of a completed vessel in its operating position for a designated temperature.

(m) Maximum allowable working temperature means the maximum temperature at or near the outlet of a hot water boiler, measured in degrees Fahrenheit, at which the boiler may be safely operated.

(n) Owner means the owner or lessee of a boiler.

(o) Safe means without defect.

(p) Safe boiler means a boiler which is not defective.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 4-1.3 Application

(a) Except as otherwise hereinafter provided, this Part (rule) applies throughout the State of New York to all boilers to which Section 204 of the Labor Law applies.

(b) Except as otherwise hereinafter provided, no provision of this Part (rule) is intended to apply in derogation of or to supersede any provision of Industrial Code Part (rule) 14 relating to the construction, installation, inspection and maintenance of steam boilers (also known as 12 NYCRR Part 14).

(1) to a boiler which is subject to inspection by inspectors of boilers under the Department of Transportation;

(2) to a boiler located on a farm and used solely for agricultural purposes. Unless in a particular case the commissioner shall otherwise determine, the word farm shall be deemed for the purposes of this Part (rule) to refer to arable land in a rural environment;

(3) to a steam or vapor boiler operating at a gage pressure of not more than 15 pounds per square inch, and which is located in a dwelling occupied by less than six families;

(4) to a hot water boiler which is located in a dwelling occupied by less than six families;

(5) to a boiler subject to inspection or control by a Federal agency.

(d) This Part (rule) shall not apply to a boiler subject to inspection by the New York State Department of Public Service unless section 204 of the Labor Law is determined to apply to such boiler.

Note: Whenever a dwelling is occupied by less than six families and where, within a portion of one or more of these apartments a professional service (medicine, dentistry, engineering, etc.) or a nonprofessional service (dressmaking, etc.) is being rendered and such remaining portion of the apartment(s) is used as an abode of the individual rendering the service, the boiler located within the dwelling shall be deemed to be exempt. This exception shall not apply when such services are separate and apart from the apartment proper wherein the individual rendering the services resides, such as a store or separate apartment within the dwelling.

(e) The exemptions set forth in section 204 of the Labor Law are based on the location of a boiler. It is subject to inspection when:

(1) the boiler is located in a dwelling occupied by six or more families even though the particular boiler serves fewer than six dwellings; or

(2) the boiler is located on commercial premises without regard to the number of dwelling units it serves.

New York Codes, Rules and Regulations, Title 12