2113.1.5.1 Responsibility of owner of taller building.

Whenever a building is erected, enlarged, or increased in height so that any portion of such building, except chimneys or vents, extends higher than the top of any existing chimneys or vents within 100 feet (30 480 mm), the owner of such new or altered building shall have the responsibility of altering such chimneys or vents to make them conform with the requirements of this chapter. A chimney or vent that is no longer connected with a fireplace or combustion or other equipment for which a chimney or vent was required, shall be exempt from this requirement. Such alterations shall be accomplished by one of the following means or a combination thereof:

   1.   Carry up the existing chimneys or vents to the height required in this chapter.

   2.   Offset such chimneys or vents to a distance beyond that required in this chapter from the new or altered building provided that the new location of the outlet of the offset chimney or vent shall otherwise comply with the requirements of this chapter.

Such requirements shall not dispense with or modify any additional requirements that may be applicable pursuant to rules of the New York City Department of Environmental Protection.

2113.1.5.1.1 Chimney and vent plan.

Applications for a new or altered building shall include a chimney and vent plan submitted pursuant to Section 107.18.

2113.1.5.2 Protection of draft.

After the alteration of a chimney or vent as required by this section, it shall be the responsibility of the owner of the new or altered building to provide any mechanical equipment or devices necessary to maintain the proper draft in the equipment.

2113.1.5.3 Written notification, plans and required documents.

The owner of the new or altered building shall notify the owner of any building that may require a chimney or vent to be altered. Notification, plans and required documents shall comply with the requirements of Sections 2113.1.5.3.1 through 2113.1.5.3.3.

2113.1.5.3.1 First notice.

Written notice in a form acceptable to the department shall be provided to the building owner not less than 60 days prior to a request for permit for construction on the new or altered building. Such notice shall include a request for access to determine the need to alter the existing chimney or vent and a description of such work. Notice shall be sent by regular mail and certified mail, return receipt requested. A copy of such return receipt shall be filed with the department.

2113.1.5.3.2 Second notice.

Written notice in a form acceptable to the department shall be provided to the building owner not more than 45 days following commencement of work after a permit has been issued for the new or altered building. Such notice shall include a request for access to determine the need to alter the existing chimney or vent and a description of such work. Notice shall be sent by regular mail and certified mail, return receipt requested. The second notice shall also be posted by a licensed process server at the public entrance of the building requiring a chimney or vent to be altered. A copy of such return receipt and proof of service by the licensed process server shall be filed with the department.

   Exceptions:

      1.   A second notice shall not be required where an application to alter the affected chimney or vent has been filed with the department.

      2.   A second notice shall not be required where access is granted and conditions are observed that result in a determination that chimney or vent alteration is not required and a revised chimney and vent plan is submitted to the department.

2113.1.5.3.3 Plans and required documentation for alteration work.

Where access is granted and conditions are observed that result in a determination that chimney or vent alteration is required, plans for such alteration work shall be provided to the owner of the existing building and a request for written consent to submit construction documents and perform such work shall be made.

2113.1.5.4 Approval.

The construction documents for the proposed chimney extension, alteration or relocation shall be submitted to the department pursuant to Section 28-104 of the Administrative Code. No certificate of occupancy shall be issued for the new building pursuant to Section 28-118.23 of the Administrative Code until the work associated with such construction documents for the proposed chimney extension, alteration or relocation has been signed-off by the department.

   Exceptions:

      1.   A certificate of occupancy may be issued where access is granted and conditions are observed that result in a determination that chimney or vent alteration is not required and a revised chimney or vent plan is submitted pursuant to Section 107.18 of the New York City Building Code documenting such.

      2.   A certificate of occupancy may be issued in accordance with Section 28-118.23, Exception 2 of the Administrative Code.

2113.1.5.5 Refusal of consent.

If consent is not granted by the owner of the affected building to do the alteration work required by this section, such owner shall signify his or her refusal in writing to the owner of the new or altered building and to the commissioner; and the owner of the new or altered building having provided the notices required by Section 2113.1.5.3 shall thereupon be released from any responsibility for the proper operation of the equipment due to loss of draft and for any health hazard or nuisance that may occur as a result of the new or altered building. Such responsibilities shall then be assumed by the owner of the previously constructed building. Similarly, should such owner fail to grant consent within 45 days from the date of the second notice or fail to signify his or her refusal, he or she shall then assume all responsibilities as prescribed above.