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City agrees to reprieve for unregistered boilers.

New York City owners who had their annual boiler inspection paperwork returned because the initial boiler installations were not legally registered will have until Jan. 31 to resubmit their annual reports.

The Rent Stabilization Association (RSA) reached the agreement with Department of Buildings Commissioner Rudolph Rinaldi after members complained the Department had sent back the filings.

John J. Gilbert III, president of the RSA, said in a statement that he appreciated the speed and the sense of cooperation with which Commissioner Rudolph Rinaldi responded to this problem.

Local Law 62 of 1991 requires the annual filing with the Department of Buildings. Prior to 1992, the annual boiler reports for multiple dwellings were filed with the Department of Housing Preservation and Development.

"This is the first year it's come fully under the jurisdiction of the Department of Buildings," said RSA's lack Freund.

"That's partly the reason clarification is needed," agreed DOB Spokesperson Ilyse Fink. "If you didn't have the boiler number to write on the form that's a signal that something was wrong," she added.

A second reminder that annual inspection reports were due by Dec. 31 was recently sent to owners who had not yet filed. Owners of boilers with a DOBassigned number who did not file by the Dec. 31 deadline, will be required by law to pay a late fee. Owners who file late for boilers without a DOB number, however, will have until Jan. 31 to file without penalty.

Late penalties, stipulated by Local Law 62 of 1991, call for penalties of not less than $25 per day or more than $50 per day for every day the form is not filed. The maximum penalty shall not exceed $500 for a building of less than six stories or $1,500 for a building of six stories or more.

While DOB will accept late annual inspection reports from owners for boilers without a DOB number, they will be given a DOB violation for failure to register, added Freund. Instructions describing the filing procedure will be included with the violation. Since the violation is not from the Environmental Control Board, owners will have up to six months to resolve the problem.

Boilers of less than 350,000 BTUs may be legalized by having a licensed. plumber or oil burner installer file a one-page PRAIOBE form through the mail together with the filing fee of $100. To legalize larger boilers, filings of form PW-I must be made by an architect or professional engineer.

Additionally, if the boiler was installed after Jan. 1, 1989, without a permit, Local Law 58 of 1988 requires that owners be subject to civil penalties of up to 10 times the ffling fee. If an owner can prove with supporting documentation that the boiler was installed prior to that time, no penalty will be incurred. "For example," Fink said, "if you have a bill to prove the boiler was installed prior to Jan. 1, 1989, then there won't be a civil penalty for work without a permit."

"Some of these were in there before they had a registration requirement," Freund noted.

If an owner can demonstrate that a boiler was installed before filing at DOB was required by law in 1955, the violation for not filing for the installation will be dismissed and no Local Law 58 penalties will be imposed, Fink added. While the boiler division started in the mid-50's, some records only go back to the 60's.

The Building Department has kept a record of rejected filings but as of last week, had not notified those owners to refile. Additionally, approximately 1,000 forms received after mid-December that did not contain boiler numbers will be accepted and not sent back.

"We are going to send out some kind of notice," said Fink, adding that the phones are ringing off the hook with inquires.
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Title Annotation:Rent Stabilization Association and Department of Buildings Commissioner Rudolph Rinaldi extend deadline to register boilers to January 31, 1993 in New York, New York
Author:Weiss, Lois
Publication:Real Estate Weekly
Date:Jan 6, 1993
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