Section 24-245. Operating certificates and renewal of operating certificates; tunneling permits; when required

(a) The commissioner shall at his or  her discretion promulgate regulations pursuant to section eleven hundred
  five of the city charter directing the  placement  of  air  compressors,
  paving breakers, refuse compacting vehicles and rapid transit railroads,
  including  but not limited to their rolling stock, track and track beds,
  passenger stations, tunnels,  elevated  structures,  yards,  depots  and
  garages, onto an operating certificate list, setting out the reasons for
  such  placement,  and  setting  out  the period of time from issuance or
  renewal during which such operating certificate shall be  valid,  unless
  sooner revoked or cancelled.
    (b) No person shall cause or permit the use or operation of any device
  placed  on the operating certificate list pursuant to subdivision (a) of
  this section except for the purpose of testing such device without first
  obtaining an operating certificate from the commissioner. The  placement
  of  such  a device not bearing an operating certificate at a location of
  its customary operation shall be considered a violation of this  section
  in any proceeding pursuant to any applicable section of subchapter eight
  of this chapter of this code except section 24-269.
    (c)  No  person  shall  engage  in  or  permit any person to engage in
  tunneling  without  first  obtaining  a  tunneling   permit   from   the
  commissioner.  A  separate  permit shall be obtained for each shaft of a
  tunnel.
    (d) Prior to advertising for bids for contracts  involving  tunneling,
  the  agency  of  the  city  of  New York proposing to so advertise shall
  request the commissioner in writing for a statement of the  requirements
  or standards that will govern the proposed tunneling activities pursuant
  to  section  24-248 of this subchapter. The aforesaid requirements shall
  be furnished by the commissioner to the contracting  agency  in  writing
  within thirty days after receipt of the request and shall be included by
  the  contracting  agency in the contract specifications for the proposed
  tunneling. The conditions under which the permit shall be granted to the
  contractor shall be consistent  with  the  statement  furnished  by  the
  commissioner  to  the  contracting  agency for inclusion in the contract
  specifications.
    (e) Notwithstanding the existence of  a  valid  tunneling  permit,  no
  person  shall, except in the case of urgent necessity in the interest of
  public safety, conduct or permit to be conducted blasting operations  at
  any  time  other  than  on  weekdays and other than between the hours of
  seven a.m. and seven p.m. unless a special permit is obtained  from  the
  fire department pursuant to subdivision d of section 27-4039.