Local Permit Approvals
• In most cases, a local planning agency or commission will need to approve that any planned project will be in compliance with local zoning requirements. The applicant must be certain that they are in compliance with applicable zoning codes, or zoning variances may add significant review time. The local code enforcement officer can provide a summary of applicable codes and regulations.
• Often issues raised in past DG projects involved noise or visual/aesthetic concerns; while these approvals are all locally controlled, NYS DEC has guidelines for evaluating these issues.
• In some cases, Historic Preservation issues may also apply if the DG application is to go into an historic building, particularly if there is any exterior visual impact.
• All relevant building and other municipal codes need to be verified and met; often an early meeting with the local code enforcement officer can be very helpful.
This section of the Guidebook identifies Building, Health/Safety, Noise, Visual/Aesthetic
codes and regulations that may affect the siting and permitting of CHP facilities.
For checklist of forms in APPENDIX A
Gas Piping and Venting Fuel Gas Code
Electrical Code Issues
Fuel Storage & Fire Code, Health/Safety
Noise Issues
Visual / Aesthetic Concerns
New York State has recently adopted a full set of revised Fire Prevention and Building Codes based on the national model codes developed by the International Code Council. Details on these codes and how to obtain them can be found at the Department of State website www.state.ny.us/codes or www.ICBO.org
FUEL GAS CODE OF New York State
• Inside a building structure fuel gas supply is governed by the Fuel Gas Code of New York State, which is based on the International Fuel Gas Code with some New York specific modifications. Materials, construction, installation of fuel gas piping systems, components, fuel gas utilization equipment and related accessories.
• Among the areas covered by the code:
Gas Piping Installations
Pipeline sizes for specified applications
Construction materials used -- steel or other metal
Shut-off valve locations
Metering Devices
Piping Protection
Pipe Hangers and Supports
Combustion, Ventilation and Dilution Air
Chimneys and Vents
Fuel Cell Power Plants
Gas Boilers
The Building Code of New York State (contains by reference the National Electric
Code)
• Local jurisdictions throughout New York State can adopt their own electrical codes through a more restrictive local standard. However, throughout NYS the same universal code is applied as the minimum level of enforcement (NFPA 70-1999, Ch. 34). New electric codes are currently in development but are not expected to be in effect until 2004 at the earliest. Go to www.icbo.org to purchase new codes.
• These codes cover general topics such as:
Branch Circuits
Overcurrent Protection
Grounding
• The national electric code references include:
1) Structural Design and Seismic considerations in Chapter 16
2) Section 915 of the Mechanical Code of New York State
3) Section 615 of the Fuel Gas Code of New York State
4) NFPA 37-1998 Stationary Combustion Engines and Gas Turbines:
Requirements for mounting, locating and housing engines
Enclosures -- standards for cabinet construction and design, protection from natural elements and accidental force impacts
Specifications for outdoor enclosures -- the sizing, materials and construction, minimum distances from buildings and combustible walls
Liquid fueled engine fuel tank and daytank installations
Addresses Gas-fueled engine materials with references to NFPA 54 and NFPA 58
Exhaust Piping and Venting -- details for safe exhaust piping, routing and installation
Source: Operation and Performance Standards for Microturbine Generator Sets. Anne-Marie Borbely-Bartis et.al. 2000 www.eren.doe.gov/der/microtrubines/pdf/mtstandards.pdf
On-site Fuel Storage, Fire (and Life) Safety Codes
• The Fire Code of New York State controls the design of:
» Fire Protection Systems (Chapter 9)
» Flammable and Combustible Liquids (Chapter 34)
• The local fire department, fire marshal and code official will be concerned with fuel storage, gas shutoff provisions and gas pressure issues.
• Especially in larger cities throughout the Empire State (NYC, White Plains, Albany Buffalo), the local code officials such as fire marshals and zoning officers ultimately determine the appropriate parameters for fuel storage and fire safety.
• Sometimes, the fire safety approval process involves third-party fire inspectors.
Noise Issues
• Concerns about noise have slowed down certain DG/CHP approvals in the past. Noise concerns are generally covered through local zoning or planning ordinances that vary by locality. Be sure to ask local planning and building department officials about relevant noise codes, as addressing these issues early can save much time.
• Be Aware that some "dump radiators' / heat rejection systems can act like sound amplifiers and have been known to cause extra noise problems
• The NYS DEC has prepared a guidance document to assist local planning
agencies with noise issues. This document is available at: www.dec.state.ny.us/website/decs/policy/noise/noise2000.pdf
Assessing and Mitigating Noise Impacts, Division of Environmental Permits, October
2000
• Noise impact potential is one of many issues for consideration in a
SEQR review.
For more on SEQR see Appendix B
• DEC’s technical guidance on noise impacts does not supercede any local noise ordinances or regulations.
• In some jurisdictions, such as the Town of Colonie, noise levels simply can not be “disagreeable” to the hypothetically average person.
• In comparison, the DEC standard is practical applicability.
• Strategies to Eliminate Noise Concerns
a. Obtain a special use permit by the local government
b. Incorporate appropriate best management practices into your operational plan
• Key issues from the DEC Guidance Document include:
» The applicant or their agent, in preparing an application for a permit and supporting documentation, is responsible for assessing the potential noise impacts on area receptors
» The addition of any noise source, in a nonindustrial setting, should not raise the ambient noise level above a maximum of 65 dB(A).
» Ambient noise levels in industrial or commercial areas may exceed 65 dB(A) with a high end of approximately 79 dB(A) (EPA 550/9-79-100, November 1979).
» The goal in an industrial/commercial area, where ambient levels are already at a high level, should be not to exceed the ambient.
» If a new source operates at the same noise level as the ambient, then 3 dB(A) must be added to the existing ambient noise level to obtain the future noise level.
NOTE: TABLES ARE PROVIDED IN THE DOCUMENT FOR CALCULATING HOW INCREMENTAL NOISE SOURCE ADDITIONS WILL CHANGE FUTURE NOISE LEVELS
The NYS DEC has prepared a guidance document to assist local planning agencies
with aesthetics issues. The document, Assessing and Mitigating Visual Impacts
is available at http://www.dec.state.ny.us/website/dcs/policy/visual/visual2000.PDF
.
Originating Unit: Division of Environmental Permits, Author Jeffrey Sama, dated
July 31, 2000
Concerns about visual / aesthetics issues have slowed down DG approvals in the
past. Visual aesthetics concerns are generally covered through local zoning
or land use planning ordinances that vary by locality. Consult with local planning
and building department officials about relevant requirements governing aesthetics
issues at the project, as addressing these issues early can save much time.
This concern especially applies when needing to comply with the balancing provisions of SEQR/CEQR or the National Historic Preservation Act.
When a facility is within the viewshed of a designated aesthetic resource, DEC will require the applicant to employ reasonable and necessary measures to eliminate, mitigate or compensate for adverse aesthetic effects. Small-scale projects are generally not burdened with the costs of sophisticated visual assessments. If applicable at all, local officials and DEC might seek mitigation strategies that can be implemented at modest cost.
Structural and Seismic Concerns
• PV and other solar collectors as well as wind generators must be securely anchored to avoid being blown away in severe winds. PV systems mounted to new or existing buildings will need to demonstrate that adequate structural elements are in place to support and anchoring at design wind loads.
• For more information about structural issues related to PV systems, see the NREL website at www.nrel.gov
Also see The Building Code of New York State, which includes by reference the National Electric Code.
Seismic Code Considerations -- The most recent New York State Building Code that applies throughout New York State except New York City has seismic design issues that must be addressed
For detailed technical information on solar technologies and residential buildings
codes see Photovoltaic and Solar-Thermal Technologies in Residential Building
Codes, David Wortman and Linda Echo-Hawk. NREL/TP-520-26579 September 1999
http://www.nrel.gov/docs/fy99osti/26579.pdf
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