Boilers Exempt from Registration

DEP issued a violation notice to landlord for operating two boilers without first getting registrations from DEP. Landlord claimed he didn't need to register the boilers. The ALJ ruled against landlord and fined him $440. Landlord appealed and submitted a DEP notice, stating that the two boilers were exempt from the registration requirement. ECB ruled for landlord and revoked the fine. Natural gas-burning equipment with a gross output firing rate of under 350,000 per hour is exempt from the registration requirement. Each of landlord's two boilers were capable of firing 100,000 BTU per hour, making them exempt.

City of New York v. Slavko: ECB App. No. 20833 (12/14/94) [2-page document]