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.

2113.1.5.6 Procedure.

It shall be the obligation of the owner of the new or altered building to:

   1.   Prepare and submit a chimney and vent plan to the department pursuant to Section 107.18.

   2.   Provide required notification pursuant to Section 2113.1.5.3.

   3.   Provide plans pursuant to Section 2113.1.5.3.3.

   4.   Prepare and submit construction documents to the department pursuant to Section 28-104 of the Administrative Code for the alteration of existing chimneys or vents which conform to the requirements of this chapter;

   5.   Obtain permit(s) for the proposed work in accordance with Section 28-105 of the Administrative Code;

   6.   Schedule this work so as to create a minimum of disturbance to the occupants of the affected building;

   7.   Provide such essential services as are normally supplied by the equipment while it is out of service;

   8.   Where necessary, support such extended chimneys, vents and equipment from this building or to carry up such chimneys or vents within his or her building;

   9.   Provide for the maintenance, repair, and/or replacement of such extensions and added equipment;

   10.   Make such alterations of the same material as the original chimney or vent so as to maintain the same quality and appearance, except where the owner of the chimney or vent shall give his or her consent to do otherwise. All work shall be done in such fashion as to maintain the architectural aesthetics of the existing building. Where there is practical difficulty in complying strictly with the provisions of this item, the commissioner may permit an equally safe alternative;

   11.   Comply with the tenant protection plan requirements of Section 28-120 of the Administrative Code; and

   12.   Comply with inspection and sign-off requirements of Section 28-116 of the Administrative Code.

2113.1.5.7 Existing violations.

Any existing violations on the previously constructed equipment shall be corrected by the owner of the equipment before any equipment is added or alterations made at the expense of the owner of the new or altered building.

2113.1.5.8 Variance.

The commissioner may grant a variance in accordance with the provisions of this code.