801.1 Scope.

This chapter shall govern the installation, maintenance, design, minimum safety requirements, repair and approval of factory-built chimneys, chimney liners, vents and connectors, and field built chimneys and connectors for all nongas-fired appliances. This chapter shall also govern the utilization of masonry chimneys. Gas-fired appliances shall be vented in accordance with the New York City Fuel Gas Code. The construction, repair, maintenance and approval of masonry chimneys shall be regulated by the New York City Building Code. Venting systems shall be designed in accordance with this chapter and comply with the requirements of the New York City Air Pollution Control Code.

801.1.1 Existing chimneys and vents.

Existing chimneys and vents shall comply with the requirements of Section 28-104.13 of the New York City Administrative Code and Sections 801.1.1.1 through 801.1.1.8 of this code.

801.1.1.1 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.

801.1.1.1.1 Chimney and vent plan.

Applications for a new or altered building shall include a chimney and vent plan submitted pursuant to Section 107.18 of the New York City Building Code.

801.1.1.2 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.

801.1.1.3 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 801.1.1.3.1 through 801.1.1.3.3.

801.1.1.3.1 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.