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.