As per NYC Department of Environmental Protection Code, Buildings in New York City are now required to perform a tune up/overhaul and efficiency test on an annual basis by a certified technician. In addition, it is now required that all buildings keep a log book of maintenance of the boiler. The super must sign this book weekly. If this maintenance and testing is not performed by the end of each calendar year, the building will be subject to a fine.

Previously, The Department of Environmental Protection tested boiler combustion efficiency only every three years (triennially). The amended Rules of the City of New York improve boiler and water heater procedures by setting higher combustion efficiency requirements for fuel oil boilers and establishing efficiency requirements for gas boilers for the first time. Annual equipment testing is now required, which will help to detect malfunctions, permit tuning, and result in more efficient boiler operation.

This rule became effective February 17, 2014, and does not apply retroactively; they are only triggered when construction activity requires a permit for work or registration as covered by this section of the Rules.

Amendments to the Rules of the City of New York, Title 15, Chapter 2:

· Section 2-09 now requires annual boiler tune-ups and combustion efficiency tests, which must be conducted by a qualified tester using a calibrated combustion analyzer. Test results must be submitted once every three years with the application to renew the certificate of operation. Records of the dates, procedures, and results of each tune-up must be kept for a minimum of five years and must be submitted to the DEP within five business days, if requested by the department.

· Section 2-08 creates more stringent performance testing requirements for fuel oil boilers and sets a minimum efficiency for gas boilers. The minimum combustion efficiency requirement for oil-fired boilers increased from 80% to 83%. The minimum combustion efficiency requirement for gas-fired boilers is established at 80%. Dual-fueled installations must meet the requirements for each respective fuel.

Oil-fired installations that don’t achieve 83% combustion efficiency but can reach at least 80% have three years (one renewal cycle) to bring the equipment into compliance. Gas-fired installations that don’t achieve 80% combustion efficiency have three years (one renewal cycle) to bring the equipment into compliance.

· Section 2-04 now allows online applications for work permits or certificates of operation from licensed individuals who pre-register with the department.

These new and revised provisions are a standard part of the Rules of the Department of Environmental Protection. They will be enforced by the DEP in the same manner as any other element of the boiler and water heater rules.