Registration Not Required Based on Boiler Output

DEP issued a violation notice to landlord for not renewing the registration for fuel burning equipment on time. Landlord claimed that it didn't need to register its boiler. The law required registration for equipment having a Btu input or gross output equal to or greater than 350,000 Btus per hour. Landlord claimed that it had installed a two gallon feeder nozzle on its boiler so that it had an output of only 237,000 Btus per hour. The ALJ ruled against landlord because the boiler was capable of firing at 350,000 Btus per hour, and fined landlord $350. Landlord appealed. ECB ruled for landlord and revoked the fine. As installed, the boiler fired at less than 350,000 Btus per hour, so no registration was required.

Gelber: ECB App. No. 27352 (10/29/97) [2-page document]