New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7817
Executive Department
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5 sections
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9 NYCRR 7817.1 - Scope and purpose
Source version current through May 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)The provisions of this Part shall apply to cogeneration, small hydro and alternate energy production and facilities which:
(1)are constructed and placed in operation on or after June 26, 1980;
(2)produce electricity, gas or useful thermal energy for uses other than, or in addition to, onsite residential use in residential dwellings of four or fewer units; and
(3)are not subject to the jurisdiction of the Public Service Commission with respect to the safety of the construction, operation and maintenance of the facility.
(b)The purpose of this Part is to establish safety standards that will further the protection of the public from unsafe physical contact with such cogeneration, small hydro and alternate energy production facilities.
9 NYCRR 7817.2 - Definitions
Source version current through Oct 31, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Oct 31, 2022
For purposes of this Part, the terms hereinafter shall have the following meanings:
(a)The term cogeneration facility shall mean any facility with an electric generating capacity of up to 80 megawatts, together with any related facilities located at the same project site, which is fueled by coal, gas, wood, alcohol, solid wastes, refuse-derived fuel, water or oil, to the extent any such oil-fueled facility was fueled by oil prior to September 24, 1980 and there is no increase in the amount of oil used at the facility, or to the extent oil is used as a backup fuel for such facility, and which simultaneously or sequentially produces either electricity or shaft horsepower and useful thermal energy.
(b)The term alternate energy production facility shall mean any solar, wind turbine, waste management, resource recovery, refuse-derived fuel or wood-burning facility, together with any related facilities located at the same project site, with an electric generating capacity of up to 80 megawatts, which produces electricity, gas or useful thermal energy.
(c)The term small hydro facility shall mean:
(1)any hydroelectric facility with an electric generating capacity of up to 80 megawatts at an existing dam, together with any related facilities located at the same project site; and
(2)any hydroelectric facility with an electric generating capacity of up to 2½ megawatts that requires the construction of a new dam, together with any related facilities located at the same project site; provided, however, such term shall not include any such facility within either the Adirondack Park or the Catskill Park.
(d)The term related facilities shall mean any land, work, system, building, improvement, instrumentality or thing necessary or convenient to the construction, completion or operation of any cogeneration, alternate energy production or small hydro facility and include also such transmission or distribution facilities as may be necessary to conduct electricity, gas or useful thermal energy to users located at or near a project site.
(e)The term waste management facility shall mean facilities used for the treatment, processing or land disposal of liquid, semisolid or solid wastes.
(f)The term potentially dangerous equipment shall mean the following equipment which is an integral part of a cogeneration, small hydro or alternate energy production or related facility: boilers; gas, wind, water and steam turbines; heat engines; equipment specifically installed for the sole purpose of conveying, transmitting or distributing the gas produced at pressures of 2 psig or more; pipes specifically installed for the sole purpose of transferring, transmitting or distributing the useful thermal energy produced at temperatures exceeding 250°F; electrical generators, transformers, switchgear, substations, conductors and electrical lines specifically installed for the sole purpose of transmitting and distributing the electricity produced; stacks and air pollution control equipment having exposed surface temperatures exceeding 140°F; and supplies of fuel stored for the operation of such facility.
(g)The term thermal energy shall mean that heat energy transferred by steam, hot water or other heat transfer fluids.
9 NYCRR 7817.3 - Safety standards
Source version current through May 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)Both the owner and operator of a cogeneration, small hydro or alternate energy production facility shall comply with the following construction and operation requirements:
(1)Potentially dangerous equipment shall be installed and protected so that it is not capable of operation by individuals other than those duly authorized by the owner or operator of the facility.
(2)Access to potentially dangerous equipment shall be restricted to authorized individuals only such that:
(i)when potentially dangerous equipment is not contained within a building or enclosure, access to such equipment shall be controlled by appropriately sized fencing, walls, gates, underground installation, elevation or other suitable means, so that it is not accessible to or within physical reach of any unauthorized individual; and
(ii)a building or enclosure, or that portion of a building or enclosure, containing potentially dangerous equipment shall be locked or otherwise secured and protected against unauthorized entrance.
(3)Entrances to buildings and enclosures, or portions thereof, containing potentially dangerous equipment shall be posted with signs bearing the legend: CAUTION: POTENTIALLY DANGEROUS EQUIPMENT ADMITTANCE TO AUTHORIZED PERSONNEL ONLY or an equivalent or more stringent warning or notice, in a clear and conspicuous manner.
(b)The owner or operator of a cogeneration, small hydro or alternate energy production facility shall cause an inspection of such facility's buildings, enclosures and equipment to be made periodically, but not less than annually, in order to determine whether there are any deficiencies or potential deficiencies in the condition of the buildings, enclosures and equipment, and in the methods of operation and adequacy of maintenance of equipment which might expose the public to unsafe physical contact with such equipment. The owner or operator shall promptly implement any corrective or remedial measures which are necessary to rectify any deficiencies found to exist. The owner or operator shall maintain written records of such inspections, including any noted deficiencies and remedial actions taken. Such records shall include an annual written statement affirming compliance with the requirements of this section.
9 NYCRR 7817.4 - Accident reports
Source version current through May 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
The owner or operator of a cogeneration, small hydro or alternate energy production facility shall file with the State Energy Office a description of any accident connected with or growing out of the operation of such facility and resulting in the injury to any person who is not employed by the owner or operator of such facility or to the property of any such person. Reports shall be filed with the State Energy Office within three business days of any such accident.
9 NYCRR 7817.5 - Penalties
Source version current through May 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
The penalty for a violation of this Part by any owner or operator of a cogeneration, small hydro or alternate energy production facility shall not exceed $10,000 for each separate and distinct violation.