# 261.21 Carbon monoxide prevention. **Citation:** 16 NYCRR 261.21 **Type / status:** regulation / current **Agency:** New York State Public Service Commission **Effective:** Not stated **Published:** Not stated Piping Beyond the Meter (Natural Gas). (a) When an operator has access to a residential premises for the purpose of responding to a complaint of a gas leak or odor, all operating vent-connected gas utilization equipment that are in the on-cycle shall be checked for flue spillage or possible malfunction, even if the inquiry into the cause of the visit has been satisfied. (b) This check shall be m ## Document text (a) When an operator has access to a residential premises for the purpose of responding to a complaint of a gas leak or odor, all operating vent-connected gas utilization equipment that are in the on-cycle shall be checked for flue spillage or possible malfunction, even if the inquiry into the cause of the visit has been satisfied. (b) This check shall be made in accordance with paragraph 8.6 of the National Fuel Gas Code NFPA 54 (as described in section 10.3 of this Title). (c) The operator shall check draft hoods for indications of improper flue draft; and, if this check fails, the operator shall treat it as a Class A condition under section 261.57(b)(3) of this Part. (d) The operator is also to conduct a visual inspection of the service regulator vent if working in the vicinity of the regulator and it is accessible. (e) Notwithstanding the provisions of subdivision (a) of this section, the operator need only attempt to check vent-connected appliances located in the basement or utility room in multifamily dwellings once in the 12-month period beginning October 1st each year. (1) If the operator finds the basement or utility room locked, he must attempt to locate the superintendent in order to gain access. (2) If access cannot be gained, the operator must document that no check was made for this reason. (3) If another leak or odor complaint is investigated at the same location in the same 12-month period, the operator must again attempt to gain access. (4) Notwithstanding paragraphs (1) and (2) of this subdivision, if there is reason to suspect that a gas leak or CO condition exists in an inaccessible area, the operator must call the police or fire department for assistance to gain access. (f) Except as required under paragraph (e)(4) of this section, an operator need not comply with the preceding subdivisions of this section for residences covered by a municipal regulation requiring an annual inspection of heating equipment, including a check for flue spillage, so long as the Gas Division is provided with sufficient evidence that the municipality has an effective program to ensure compliance with its regulations. (g) If the operator is satisfied that the cause of the customer's complaint is not a natural gas leak or a condition related to gas use, such as CO or flue spillage, he shall nevertheless attempt to identify the odor which prompted the customer complaint. (h) When an operator lights or relights a vent-connected gas utilization appliance or responds to a complaint of a suspected CO condition, the appliance shall be checked for flue spillage or possible malfunction in accordance with paragraph 8.6 of the National Fuel Gas Code NFPA 54 (as described in section 10.3 of this Title). ## Provenance - Official: Yes - Source: - Source ID: `ny-dps-nycrr` - SHA-256: `d73e6999b77e6ee0ee7ff59e5c1bf8968ce0308922cf0b290fcb9fd8e4d2ab54` - Retrieved: 2026-08-12T06:20:40.894Z - Exported: 2026-08-24T07:35:59.900Z - Document slug: `ny-nycrr-261-21` ### Source metadata ```json { "jurisdiction": "US-NY", "title": 16, "part": "261", "partTitle": "Piping Beyond the Meter (Natural Gas)", "scopeKind": "customer-piping-safety", "tocPath": [ "Part 261 Piping Beyond the Meter", "Carbon Monoxide" ], "legalScope": "Complete current terminal legal unit exposed by the DPS-designated Title 16 NYCRR pipeline-safety part inventory.", "applicabilityCaveat": "Applicability depends on the part and section, Commission jurisdiction, commodity and facility type, intrastate or interstate status, operator and activity, exemptions, waivers, federal preemption, Commission orders, and incorporated law. DPS inspects portions of interstate systems for PHMSA, but PHMSA retains federal enforcement authority. DPS states that all jurisdictional Part 256 gas-holder and Part 257 LPG-plant facilities have been decommissioned even though those regulations remain unrepealed.", "incorporationCaveat": "These parts incorporate or rely on federal pipeline regulations, federal and New York statutes, Commission rules and orders, and privately authored technical standards. Part 10 supplies incorporation details. References metadata preserves explicit citations but does not reproduce external material, determine licensing rights, or decide whether a particular incorporation is static or dynamic.", "publicationCaveat": "The New York Department of Public Service identifies these eleven Title 16 NYCRR parts as its state pipeline-safety regulations and links to the public DOS/Westlaw NYCRR reading copy. That site labels the online text unofficial and directs users needing evidentiary accuracy to the Official NYCRR maintained by the Department of State Division of Administrative Rules. Each section's 'Current through' date is the most recent official NYCRR supplement covering that section, not a uniform corpus-wide amendment date.", "rights": "New York government-edict text is preserved with DPS, Department of State, and publisher attribution. The public reading site's presentation and enhancements, agency marks, forms, annotations, and incorporated federal or privately authored standards require separate rights review; this connector does not claim rights in those materials.", "rightsReviewRequired": true, "currentThrough": "2024-05-31", "historyEvents": "No event is emitted because the section reading copy does not supply an explicit adoption, filing, or effective-date history.", "publisherCitation": "16 CRR-NY 261.21", "identityAnomaly": null, "references": [ { "citation": "16 NYCRR 10.3", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I50525ddbcd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "citation": "16 NYCRR 261.57", "referenceType": "new-york-administrative-code", "url": "https://govt.westlaw.com/nycrr/Document/I505e44c1cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" } ], "region": "NY" } ```