Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
NEW YORK CITY ADMINISTRATIVE CODE
Title 1: General Provisions
Title 2: City of New York
Title 3: Elected officials
Title 4: Property of the City
Title 5: Budget; Capital Projects
Title 6: Contracts, Purchases and Franchises
Title 7: Legal Affairs
Title 8: Civil Rights
Title 9: Criminal Justice
Title 10: Public Safety
Title 11: Taxation and Finance
Title 12: Personnel and Labor
Title 13: Retirement and Pensions
Title 14: Police
Title 15: Fire Prevention and Control
Title 16: Sanitation
Title 16-A: [Commercial Waste Removal]
Title 16-B: Commercial Waste Zones
Title 17: Health
Title 18: Parks
Title 19: Transportation
Title 20: Consumer and Worker Protection
Title 20-A: [Shipboard Gambling]
Title 21: Social Services
Title 21-A: Education
Title 22: Economic Affairs
Title 23: Communications
Title 24: Environmental Protection and Utilities
Title 25: Land Use
Title 26: Housing and Buildings
Title 27: Construction and Maintenance
Title 28: New York City Construction Codes
Chapter 1: Administration
Chapter 2: Enforcement
Chapter 3: Maintenance of Buildings
Chapter 4: Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work
Chapter 5: Miscellaneous Provisions
Chapter 6: New York City Plumbing Code
Chapter 7: New York City Building Code
Chapter 8: New York City Mechanical Code
Article 801: Enactment and Update of the New York City Mechanical Code
§ 28-801.1 Update.
§ 28-801.2 Enactment of the New York City Mechanical Code.
Chapter 1: Administration
Chapter 2: Definitions
Chapter 3: General Regulations
Chapter 4: Ventilation
Chapter 5: Exhaust Systems
Chapter 6: Duct Systems
Chapter 7: Combustion, Ventilation, and Dilution Air
Chapter 8: Chimneys and Vents
Chapter 9: Specific Appliances and Equipment
Chapter 10: Boilers, Water Heaters and Pressure Vessels
Chapter 11: Refrigeration
Chapter 12: Hydronic Piping
Chapter 13: Fuel-Oil Piping and Storage
Chapter 14: Solar Systems
Chapter 15: Referenced Standards
Appendix A: Chimney Connector Pass-Throughs
Appendix B: Reserved
Appendix C: Fuel Oil Storage Tank Venting Options
Chapter 9: New York City Fuel Gas Code
Chapter 10: New York City Energy Code
Chapter 11: The New York City Electrical Code
Title 29: New York City Fire Code
Title 30: Emergency Management
Title 31: Department of Veterans' Services
Title 32: Labor and Employment
Title 33: Investigations
Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
Loading...
403.2.2 Transfer air.
Except where recirculation from such spaces is prohibited by Table 403.3.1.1, air transferred from occupiable spaces is not prohibited from serving as makeup air for required exhaust systems in such spaces as kitchens, baths, toilet rooms, elevators and smoking lounges. The amount of transfer air and exhaust air shall be sufficient to provide the flow rates as specified in Section 403.3.1.1. The required outdoor airflow rates specified in Table 403.3.1.1 shall be introduced directly into such spaces or into the occupied spaces from which air is transferred or a combination of both.
403.3 Outdoor air and local exhaust airflow rates.
Buildings that are not more than three stories in height above grade plane, and that (i) are within Occupancy Group R-2 or Occupancy Group R-3, (ii) are adult homes or enriched living housing as described in Section 308.3.1 of the New York City Building Code, within Occupancy Group I-1 and have 16 occupants or fewer, or (iii) are community residences or intermediate-care facilities as described in Section 308.3.2 of the New York City Building Code, shall be provided with outdoor air and local exhaust in accordance with Section 403.3.1.1.2. All other buildings intended to be occupied shall be provided with outdoor air and local exhaust in accordance with Sections 403.3.1.1 through 403.3.1.6.
403.3.1 Reserved.
403.3.1.1 Outdoor airflow rate.
Ventilation systems shall be designed to have the capacity to supply the minimum outdoor airflow rate determined in accordance with this section. In each occupiable space and, where required, each habitable space, the ventilation system shall be designed to deliver the required rate of outdoor airflow to the breathing zone. The occupant load utilized for design of the ventilation system shall be not less than the number determined from the estimated maximum occupant load rate indicated in Table 403.3.1.1. Ventilation rates for occupancies not represented in Table 403.3.1.1 shall be those for a listed occupancy classification that is most similar in terms of occupant density, activities and building construction; or shall be determined by an approved engineering analysis. The ventilation system shall be designed to supply the required rate of ventilation air continuously during the period the building is occupied, except as otherwise stated in other provisions of the code.
With the exception of non-tobacco hookah establishments, the ventilation rates in Table 403.3.1.1 are based on the absence of smoking in occupiable spaces. Where smoking is anticipated in a space other than a non-tobacco hookah establishment, the ventilation system serving the space shall be designed to provide ventilation over and above that required by Table 403.3.1.1 in accordance with accepted engineering practice.
   Exceptions:
      1.   The occupant load is not required to be determined based on the estimated maximum occupant load rate indicated in Table 403.3.1.1 where approved statistical data documents the accuracy of an alternate anticipated occupant load.
      2.   The occupant load used in computing the required ventilation shall be the maximum number who will occupy the room or space simultaneously during any 2-hour period.
      3.   Dynamic reset (Demand Controlled Ventilation). The system may be designed to reset the design outdoor air intake airflow and/or space or zone airflow as operating conditions change. Dynamic reset shall be designed in accordance with ASHRAE 62.1 and comply with footnote k of Table 403.3.1.1. These conditions include, but are not limited to:
         3.1.   Variations in occupancy or ventilation airflow in one or more individual zones for which ventilation airflow requirements will be reset. Note: Examples of measures for estimating such variations include: occupancy scheduled by time of day, a direct count of occupants, or an estimate of occupancy or ventilation rate per person using occupancy sensors such as those based on indoor CO 2 concentrations.
         3.2.   Variations in the efficiency with which outdoor air is distributed to the occupants under different ventilation system airflows and temperatures.
         3.3.   A higher fraction of outdoor air in the air supply due to intake of additional outdoor air for free cooling or exhaust air makeup.
Table 403.3.1.1
Minimum Ventilation Rates
Occupancy Classification
Occupant Density
#/1,000 ft
2 a
People Outdoor Airflow Rate in Breathing Zone, Rp
cfm/person
Area Outdoor Airflow Rate in Breathing Zone, Ra
cfm/ft2 a
Exhaust Airflow Rate
cfm/ft
2 a
Occupancy Classification
Occupant Density
#/1,000 ft
2 a
People Outdoor Airflow Rate in Breathing Zone, Rp
cfm/person
Area Outdoor Airflow Rate in Breathing Zone, Ra
cfm/ft2 a
Exhaust Airflow Rate
cfm/ft
2 a
Correctional facilities
Booking/waiting
50
7.5
0.06
Cells
   without plumbing fixtures
25
5
0.12
   with plumbing fixtures g
25
5
0.12
1.0
Day room
30
5
0.06
Dining halls (see food and
beverage service)
Guard stations
15
5
0.06
Dry cleaners, laundries
Coin-operated dry cleaner
20
15
Coin-operated laundries
20
7.5
0.06
Commercial dry cleaner l
30
30
Commercial laundry
10
25
Storage, pick up
30
7.5
0.12
Education
Art classroom g
20
10
0.18
0.7
Auditoriums
150
5
0.06
Classrooms (ages 5-8)
25
10
0.12
Classrooms (age 9 plus)
35
10
0.12
Computer lab
25
10
0.12
Corridors (see public spaces)
Day care (through age 4)
25
10
0.18
Lecture classroom
65
7.5
0.06
Lecture hall (fixed seats)
150
7.5
0.06
Locker/dressing rooms g
0.25
Media center
25
10
0.12
Multiuse assembly
100
7.5
0.06
Music/theater/dance
35
10
0.06
Science laboratories g, k
25
10
0.18
1.0
Sports locker rooms g
0.5
Wood/metal shops g
20
10
0.18
0.5
Food and beverage service
Bars, cocktail lounges
100
7.5
0.18
Cafeteria, fast food
100
7.5
0.18
Dining rooms
70
7.5
0.18
Kitchens (cooking) b
0.7
Non-tobacco smoking
establishments b
70
60
Hotels, motels, resorts and dormitories
Bathrooms/toilet – private g
25/50 f
Bedroom/living room
10
5
0.06
Conference/meeting
50
5
0.06
Dormitory sleeping areas
20
5
0.06
Gambling casinos
120
7.5
0.18
Lobbies / prefunction
30
7.5
0.06
Multipurpose assembly
120
5
0.06
Laboratories j
Biological
1.0
1.0
Chemical
1.0
1.0
Industrial and nonteaching
1.0
1.0
Nonproduction chemical labs
1.0
1.0
Offices
Conference rooms
50
5
0.06
Main entry lobbies
10
5
0.06
Office spaces
5
5
0.06
Reception areas
30
5
0.06
Telephone/data entry
60
5
0.06
Private dwellings, single and multiple
Garages, common for multiple
units b
0.75
Kitchens and Kitchenettes b, m
25/100 f
Living areas c, i
Based upon number of bedrooms. First bedroom, 2; each additional
0.35 ACH but not less than 15 cfm/person
Toilet rooms and bathrooms g
20/50 f
Public spaces
Corridors
0.06
Courtrooms
70
5
0.06
Elevator car
1.0
Legislative chambers
50
5
0.06
Libraries
10
5
0.12
Museums (children's)
40
7.5
0.12
Museums/galleries
40
7.5
0.06
Places of religious worship
120
5
0.06
Shower room (per shower
head) g
50/20 f
Toilet rooms – public g
50/70 e
Retail stores, sales floors and showroom floors
Dressing rooms
0.25
Mall common areas
40
7.5
0.06
Sales
15
7.5
0.12
Shipping and receiving
0.12
Smoking lounges and
non-tobacco smoking
establishments b
70
60
Storage rooms
0.12
Warehouses (see storage)
Specialty shops
Automotive motor-fuel
dispensing stations b
1.5
Barber
25
7.5
0.06
0.5
Beauty salons (without nail
salon services) b
25
20
0.12
0.6
Embalming room b
2.0
Nail salons b, h
25
20
0.12
0.6
Pet shops (animal areas) b
10
7.5
0.18
0.9
Supermarkets
8
7.5
0.06
Sports and amusement
Bowling alleys (seating areas)
40
10
0.12
Disco/dance floors
100
20
0.06
Game arcades
20
7.5
0.18
Gym, stadium, arena (play area)
0.30
Heath club/aerobics room
40
20
0.06
Health club/weight room
10
20
0.06
Ice arenas without combustion
engines
0.30
0.5
Spectator areas
150
7.5
0.06
Swimming pools (pool and deck
area)
0.48
Storage
Repair garages, enclosed
parking garages b,d
0.75
Warehouses
0.06
Theaters
Auditoriums (see education)
Lobbies
150
5
0.06
Stages, studios
70
10
0.06
Ticket booths
60
5
0.06
Transportation
Platforms
100
7.5
0.06
Transportation waiting
100
7.5
0.06
Workrooms
Bank vaults/safe deposit
5
5
0.06
Computer (without printing)
4
5
0.06
Copy, printing rooms
4
5
0.06
0.5
Darkrooms
1.0
Meat processing c
10
15
Pharmacy (prep. area)
10
5
0.18
Photo studios
10
5
0.12
 
For SI: 1 cubic foot per minute = 0.0004719 m 3 /s, 1 ton = 908 kg, 1 cubic foot per minute per square foot = 0.00508 m 3 /(s • m 2 ), °C = ((°F) - 32) /1.8, 1 square foot = 0.0929 m 2 .
a.   Based upon net occupiable floor area.
b.   Mechanical exhaust required and the recirculation of air from such spaces is prohibited (see Section 403.2.1, Item 3).
c.   Spaces unheated or maintained below 50°F are not covered by these requirements unless the occupancy is continuous.
d.   Ventilation systems in enclosed parking garages shall comply with Section 404.
e.   Rates are per water closet or urinal. The higher rate shall be provided where the exhaust system is designed to operate intermittently. The lower rate shall be permitted only where the exhaust system is designed to operate continuously while the space served by the toilet facilities is occupied.
f.   Rates are per room unless otherwise indicated. The higher rate shall be provided where the exhaust system is designed to operate intermittently. The lower rate shall be permitted only where the exhaust system is designed to operate continuously while the dwelling unit or sleeping unit served by the toilet facility is occupied.
g.   Mechanical exhaust is required and recirculation from such spaces is prohibited (see Section 403.2.1, Item 4).
h.   For nail salons, each manicure and pedicure station shall be provided with a source capture system capable of exhausting not less than 50 cfm per station. Exhaust inlets shall be located in accordance with Section 502.20. Where one or more required source capture systems operate continuously during occupancy, the exhaust rate from such systems shall be permitted to be applied to the exhaust flow rate required by Table 403.3.1.1 for the nail salon.
i.   For each dwelling unit within R-2 occupancies, outdoor ventilation air shall be provided by mechanical means when the sum of all exhaust air flow rates, whether continuous or intermittent, is designed to exceed 75 cfm. When provided, mechanical ventilation air flow rate shall be approximately equal to the exhaust air flow rate in accordance with Section 403.1 and shall not be less than that required by the air flow rates prescribed in Table 403.3.1.1. For such dwelling units, manually operated openable exterior wall openings shall not be used to provide required mechanical ventilation air.
j.   During unoccupied hours the ventilation rate and exhaust rates may be reduced to 0.5 cfm/ft 2 .
k.   When an educational science laboratory is occupied and hoods are not in use and hazardous materials are not present, then ventilation rates shall be consistent with actual use of the space, but not less than 0.5 cfm/ft 2 .
l.   See Section 502.6 for additional requirements.
m.   Exception: kitchens and kitchenettes in dwelling units of R-2 occupancy may be naturally ventilated in accordance with Section 402.
(Am. L.L. 2017/187, 10/16/2017, eff. 10/16/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/187.
403.3.1.1.1 Zone outdoor airflow.
The minimum outdoor airflow required to be supplied to each zone shall be determined as a function of occupancy classification and space air distribution effectiveness in accordance with Sections 403.3.1.1.1.1 through 403.3.1.1.1.3.
Loading...