File Boiler Report with DOB by Dec. 31
This year has been the first full year of implementation of the new boiler inspection rules. The new rules were signed into law in April 2010, and were fully implemented in May 2010. They pertain to low-pressure boiler inspections, filing requirements, penalties, and waivers. The 2011 inspection cycle recently ended on Nov. 16. If you waited until the end of the cycle, and you own a building with six or more apartments, you must file an annual inspection report with the Department of Buildings (DOB) by Dec. 31, 2011. We'll review who must file a report, the types of forms you may need to submit, and the filing fees. And we'll compare the new rule (RCNY 103-01) to the old one (Local Law 62 of 1991).
Who Must File a Report
The following boilers must be inspected and a report must be filed for them with the DOB annually:
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Low-pressure boilers in residential buildings with six or more families;
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Low-pressure boilers in mixed-used buildings;
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Low-pressure boilers in commercial buildings; and
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H-stamp domestic hot water heaters with over 350,000 BTUs in residential, mixed-used, and commercial buildings.
For a low-pressure boiler, a licensed master plumber, a licensed oil-burner equipment installer, a licensed high-pressure boiler operator, or an inspector working for a state-authorized insurance company may inspect the boiler and fill out the “Inspection Report” section of the appropriate DOB form. If you choose an insurance company inspector, the inspector must have a certificate of competence from the state's Department of Labor (DOL).
Types of Boiler Forms
According to the new rules, the annual inspection cycle is from Nov. 15 to Nov. 16 of the following year. After you have your boiler inspected or disconnected, there are four possible forms you can file with the Boiler Inspection Division of the DOB:
BO-9: Boiler Annual Inspection Report. This form is used to report annual low-pressure boiler inspections. Recently updated, the form also serves as registration report for Department of Environmental Protection (DEP) renewal requests. The form is to be completed by a master plumber, oil burner installer, or authorized insurance company. And it's due 45 days after the date of inspection, per inspection cycle.
BO-13: Affirmation of Correction. This form is used to report defects that were corrected based on inspection. It's also to be completed by a master plumber, oil burner installer, or authorized insurance company, and is due 45 days after the date of inspection, per inspection cycle.
BO-13E: Extension Request. This form is used to request an extension for defects to be corrected. It's to be completed by a master plumber, oil burner installer, or authorized insurance company, and the request must be made within 45 days after the date of inspection.
OP-49: Self-Certification of Removed, Disconnected Boiler. This form is completed by a master plumber, oil burner installer, or authorized insurance company, and is due 30 days after the date of inspection, per inspection cycle.
Inspection reports submitted after the deadline are considered a late filing. There's a late filing fee of $50 per month, which applies to all forms, and full penalties of $1,000 are issued to owners who fail to file an inspection report or who filed an incomplete inspection report. For a complete list of fees and violations, see our Boiler Inspection Summary charts.
What's No Longer Accepted by DOB
Late filings for previous years are no longer accepted. Also, new owners purchasing applicable apartment buildings on or before June 30 of the calendar year are responsible for submitting the building's annual inspection report. According to the DOB, deeds will no longer be accepted for violation waivers, except for proving new ownership after June 30 during the inspection cycle.
Where to File
You can file forms by mailing them to Department of Buildings, Central Filing and Billing Unit, 280 Broadway, 6th fl., New York, NY 10007. The Central Filing and Billing office is responsible for the processing fees, and will reject and return incomplete processing payments.
The Central Inspections office, on the other hand, will receive the reports, including the late and full penalties payments to be reviewed and processed. Incomplete reports and late/full payments will be sent back as a rejection and require a reprocessing fee.
If you need to submit late filing or full penalty reports in person, you can go to the DOB's Central Inspection Service Area at 280 Broadway, 4th fl., New York, NY 10007.
If you have any questions, the Central Inspections Boiler Division can be reached at (212) 566-4994 or boilersInfo@buildings.nyc.gov.
Boiler Inspection Summary
RULE COMPARISON |
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Description |
Local Law 62 of 1991 |
New Rule |
Requires Business Change |
Year Instituted |
1992 to 2009 |
2010 to Current |
Yes |
Cycle |
Jan. 1 to Dec. 31 |
Nov. 16 to Nov. 15 |
No |
Days to File |
No deadline but must file by Dec. 31 |
Filed within 45 days from inspection |
Yes |
Late Filing |
Allowed for all previous years |
Only allowed during current cycle |
Yes |
Full Penalty |
Issued based on number of stories |
Issued to each boiler |
Yes |
OP-49 |
Allowed for all previous years |
Filed within 30 days from inspection |
Yes |
BO-13 |
No cost, must be filed with BO-9 |
Filed with BO-9, 45 days from inspection |
Yes |
BO-13E |
No cost, must be filed with BO-9 |
Filed with BO-9, 45 days from inspection |
Yes |
FEES AND VIOLATIONS |
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Type |
Form |
Cost |
|
Annual Inspection |
BO-9 |
$30 |
|
Affirmation of Correction |
BO-13 |
$30 |
|
Extension Request |
BO-13E |
$15 |
|
Removal/Disconnection |
OP-49 |
$45 |
|
Late Filing |
Applies to all forms |
$50 per month |
|
Full Penalty |
Applies to all forms |
$1,000 |