New York Laws
Article 7 - General Provisions
204 - Inspection of Boilers; Enforcement; Fees; Identification; Exceptions.

(1) pressure vessels meeting the requirements of the United States
department of transportation for the shipment of liquids or gases under
pressure;
(2) air tanks used on vehicles used for carrying passengers or freight
or used directly in the operation of trains;
(3) pressure vessels having a volume of five cubic feet or less or
having an inside diameter not exceeding six inches;
(4) pressure vessels designed for pressures of less than fifteen
pounds per square inch;
(5) hot water supply storage tanks, provided none of the following
limitations is exceeded: (i) a heat input of two hundred thousand BTU's
per hour; (ii) a water temperature of two hundred ten degrees
fahrenheit; (iii) a nominal water containing capacity of one hundred
twenty gallons;
(6) pressure vessels under federal control or regulation;
(7) pressure vessels containing water under pressure, including those
containing air, the compression of which serves only as a cushion, when
none of the following limitations are exceeded: (i) a design pressure of
thirty pounds per square inch; (ii) a design temperature of two hundred
ten degrees fahrenheit; and
(8) pressure vessels used for agricultural purposes.
7. Cities. a. A city which qualifies under the provisions of this
subdivision shall enforce the provisions of this section and the rules
of the board promulgated hereunder and for such purpose shall have the
powers of the commissioner prescribed in subdivision two of this
section. In order to so qualify, a city shall have enacted a local law
or ordinance requiring an inspection of all boilers required to be
inspected by the provisions of this section located in such city, which
inspection shall be conducted with at least the same frequency as is
required by this section, but in no case more often than once a year.
Such boilers shall be inspected by competent inspectors employed by the
city except boilers inspected and insured by a duly authorized insurance
company in accordance with the provisions of subdivision eight of this
section and with the rules of the commissioner.

b. The fee schedule contained in subdivision three of this section
shall not apply within a city which qualifies under the provisions of
this subdivision. Such a city may, by local law or ordinance, impose
reasonable fees for the inspection of boilers by the inspecting agency
of such city.
8. Inspection by insurance companies. a. All boilers which are
inspected by a duly authorized insurance company shall be exempt from
inspection by the commissioner and by cities which qualify under the
provisions of subdivision seven of this section, under the following
conditions: (1) that inspections by the insurance company are made with
the same frequency as is required by this section except that, for all
such boilers located within a city which qualifies under the provisions
of subdivision seven of this section, inspections are made with the same
frequency as is required by such city; (2) that the insurance company
complies with the rules of the commissioner; (3) that the inspectors of
the insurance company hold certificates of competency; (4) that the
insurance company gives notice to the owner or lessee of each boiler
inspected listing all violations of any provision of the rules of the
commissioner; (5) that a certified copy of the report of each inspection
is filed with the commissioner or the inspecting agency of such city, as
the case may be, within twenty-one days of the inspection, on such forms
and in such manner as required by the commissioner or the inspecting
agency of such city, as the case may be. A copy filed with the
commissioner shall be accompanied by a non-refundable fee of one hundred
dollars paid for each boiler inspected. If insurance is refused,
cancelled or discontinued for the boiler inspected the report shall so
state, together with the reasons therefor; the report shall also list
any instances of the failure of an owner or lessee of the boiler to
comply with the rules of the commissioner.
b. In order to satisfy the inspection requirements of this section,
all inspections which are made by duly authorized insurance companies
shall be made by inspectors whose competency has been certified by the
commissioner in accordance with the rules of the board. The commissioner
may, after a hearing upon notice, suspend or revoke a certificate of
competency in accordance with the rules of the board. The commissioner
may require reasonable cooperation from a city which qualifies under the
provisions of subdivision seven of this section in the course of his or
her investigation into the competency of a certified inspector.
9. Members of boards. Any member of a boiler inspection examining
board or other board created pursuant to rules and regulations of the
commissioner to implement this section shall serve without salary or
other compensation.

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