Section 24-122. Operating certificates and renewal of operating certificates; when required

(a) No person shall cause or permit the use or operation  of equipment or apparatus for which an installation or alteration permit
  is required,  except  for  the  purpose  of  testing  the  equipment  or
  apparatus  or for the purpose of testing an experimental installation or
  alteration for a reasonable period of time, not exceeding  thirty  days,
  without  first obtaining an operating certificate from the commissioner.
  The  provisions  of  this   subdivision   concerning   an   experimental
  installation  or  alteration  shall  not  apply  to  an  installation or
  alteration for the purpose of obtaining a sulfur exemption certificate.
    (b) Except as provided in subdivision  (c)  of  this  section,  or  in
  paragraphs  three  and  four  of  subdivision  (b) of section 24-109, no
  person shall cause or permit the  use  or  operation  of  the  following
  equipment, or cause or permit the keeping of any such equipment so as to
  be  capable  of  being  used  or  operated,  without  first obtaining an
  operating certificate from the commissioner.
    (1) Fuel burning equipment using liquid, gaseous or solid fuel;
    * (2) Equipment used in a process;
 
  * NB Amended L.L. 49/85 § 3, language juxtaposed per Ch. 907/85 § 14
 
    (3) Portable equipment powered by an internal combustion engine  other
  than a motor vehicle;
    (4)  Refuse  burning  equipment,  including  equipment operated by the
  department;
    (5) Any equipment which was required  by  law  to  have  an  operating
  certificate prior to January ninth, nineteen hundred eighty-three.
    (c)  An  operating  certificate  is  not  required  for  fuel  burning
  equipment or refuse burning equipment which  is  in  a  building  to  be
  demolished  to  permit  the  erection  of a new building if: (1) The new
  building application has been approved by the department  of  buildings;
  and
    (2)  Certificates  of  eviction  have been issued by the department of
  housing preservation and development where required; and
    (3) Final order for eviction has been issued.
    * (d) (1)  An  operating  certificate  for  equipment,  except  refuse
  burning equipment, shall be valid for a period of up to three years from
  the  date  of  issuance,  unless  sooner  revoked  or  cancelled  by the
  commissioner.
    (2) An operating certificate for refuse  burning  equipment  shall  be
  valid  for  a period of up to eighteen months from the date of issuance,
  unless sooner revoked or cancelled by the commissioner.
    (3) Where an operating  certificate  described  in  paragraph  one  or
  paragraph  two  of this subdivision is renewed after its expiration, the
  fee for such certificate charged in accordance with  the  provisions  of
  this  chapter  shall  be  increased on a monthly pro-rated basis for the
  period of time between such expiration and renewal, unless it  is  shown
  to  the  satisfaction  of the commissioner that such certificate was not
  required under the provisions of this title.
 
  * NB Added Ch. L.L. 49/85 § 4, language juxtaposed per Ch. 907/85 § 14
 
    (e)  An  operating  certificate  is  not  required  for  equipment  or
  apparatus  the  installation  or  operation of which would not require a
  permit pursuant to section 24-121.
    (f) If equipment or apparatus for which an operating  certificate  has
  been  issued  is  dismantled  or  rendered inoperable, the owner of such
  equipment or apparatus shall notify the department within twenty days on

  forms furnished by the department. If the commissioner finds to  his  or
  her satisfaction that such equipment or apparatus has been dismantled or
  rendered  inoperable,  renewal of the operating certificate shall not be
  required for as long as the equipment or apparatus remains dismantled or
  inoperable.