New York regulations

Title 9 Part 7817

Executive Department

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4 sections1 source-only entry

Compiled text through May 15, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 7817.1 - Scope and purpose

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Dates and status
Compiling agency
Executive Department
Text status
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Compiled text through
May 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
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Jun 6, 2026
(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

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Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
May 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

9 NYCRR 7817.3 - Safety standards

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
May 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(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

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
May 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

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

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
May 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

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.

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