801.1.1.5 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 801.1.1.3 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.

801.1.1.6 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 of the New York City Building Code;

   2.   Provide required notification pursuant to Section 801.1.1.3 of this code;

   3.   Provide plans pursuant to Section 801.1.1.3.3 of this code;

   4.   Prepare and submit construction documents to the department pursuant to Section 28-104 of the New York City 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 New York City 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 New York City Administrative Code; and

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

(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

801.1.1.7 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.

801.1.1.8 Variance.

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

801.2 General.

Every fuel-burning appliance shall discharge the products of combustion to a vent, factory-built chimney or masonry chimney, except for appliances vented in accordance with Section 804. The chimney or vent shall be designed for the type of appliance being vented.

   Exception: Commercial cooking appliances vented by a Type I hood installed in accordance with Section 507.

801.2.1 Design.

Chimneys and vents shall be designed and constructed so as to provide the necessary draft and capacity for each appliance connected to completely exhaust the products of combustion to the outside air. The temperature on adjacent combustible surfaces shall not be raised above 160°F (71.1°C). Chimneys and vents shall be designed to resist the effects of condensation that would cause deterioration of the chimney or vent.