(a) Application of rules. These rules shall be deemed to apply only to those excepted dry cleaning establishments existing or hereafter established, pursuant to Article II, §§ 4(a), Subd. 53, 4-A, 4-B and 4-C of the Zoning Resolution. These rules shall not be deemed to modify or repeal Chapter 4 of Title 27 of the Administrative Code of the City of New York.
(b) Definitions. For the purpose of these rules, the following definitions shall apply.
Dry cleaning establishment. The term "dry cleaning establishment" shall mean any room, place or space in which dry cleaning is performed, as defined in the Zoning Resolution.
(i) Dry cleaning establishments to which these rules shall apply shall be divided into two classes: Class A and Class B.
(ii) Class A dry cleaning establishments shall mean dry cleaning establishments in which the dry cleaning solvent used in the dry cleaning unit shall be non-flammable and non-combustible when tested in a Tagliabue open cup tester and as rated by the Fire Commissioner.
(iii) Class B dry cleaning establishments shall mean dry cleaning establishments in which the dry cleaning solvent used in the dry cleaning unit shall have a flashpoint of not lower than 138.2 F. when tested in a Tagliabue open cup tester and as rated by the Fire Commissioner.
(iv) For other purposes a dry cleaning establishment shall be as defined in Chapter 4 of Title 27 of the Administrative Code.
Existing. The term "existing" shall mean those dry cleaning establishments established prior to January 1, 1953.
Flammable liquid solvents. The term "flammable liquid solvents" shall mean such as will emit a flammable vapor at a temperature below 100 degrees Fahrenheit when tested in a Tagliabue open cup tester.
Hereafter established. The term "hereafter established" shall mean those dry cleaning establishments established after January 1, 1953.
"Retail", "retail purposes" and "retail business". For the purposes of §§ 4-A and 4-C of the Zoning Resolution the terms "retail", "retail purposes" and "retail business" shall refer only to those dry cleaning establishments which perform services on articles conveyed directly by a retail customer to such dry cleaning establishment or collected directly from and delivered to the retail customer by any vehicle or any other means of effecting the same and such dry cleaning establishment directly processes such articles for such customer.
"Spotting" or "Sponging". The term "spotting" or "sponging" shall mean the local application of a "flammable liquid solvent" to remove spots of dirt, grease, paint or stains from wear-apparel, textiles, fabrics or articles of any other sort. All other terms used shall be as defined in the Zoning Resolution, Administrative Code, Multiple Dwelling Law, or Labor Law, when not inconsistent with the specific terms defined herein.
(c) Approvals.
(1) It shall be unlawful to use any premises for any hereafter established dry cleaning establishments without filing plans of that portion of the premises to be so used with the Department of Buildings and obtain its approval. Any prior approval shall be in compliance with this rule.
(2) The requirements of 2 RCNY § 4-05(c)(1) shall not apply to existing dry cleaning establishments.
(3) No dry cleaning unit shall be installed unless such unit is approved by the Board of Standards and Appeals.
(4) The use of any existing commercial premises, as defined in Article 4, Administrative Code, for any dry cleaning establishment shall not be deemed to be a Change of Occupancy within the meaning of § C26-185.0 of the Administrative Code.
(5) The dry load capacity of all dry cleaning units shall be rated by the Board of Standards and Appeals on the basis of 2.8 pounds per cubic foot of the volume of the washing compartment for each washing cycle.
(6) No dry cleaning solvent shall be used unless such solvent has been tested and rated by the Fire Commissioner.
(7) It shall be unlawful in any dry cleaning unit approved by the Board to use any solvent having a flashpoint other than that for which the dry cleaning unit has been approved by the Board.
(8) No non-conforming existing dry cleaning establishment shall be enlarged or extended unless such extension or enlargement be made in a conforming manner.
(d) Restrictions on locations and areas.
(1) No hereafter established dry cleaning establishment shall have a gross floor area exceeding the aggregate of 2,000 square feet to be used for dry cleaning, pressing and incidental operations as well as space used for storage, service of customers and the convenience of employees. The square foot area limitation shall apply to the aggregate of all space so used on all floors and mezzanines of the premises involved above the cellar or basement thereof. Additional space may be used on a lower floor which is either a basement or cellar provided that on such floor there shall be no dry cleaning and no storage of recently cleaned articles, but such area may include, in conjunction with the dry cleaning establishment, unless otherwise prohibited by law, ordinary storage, boilers, washing equipment, compressors, pumps and filtration equipment. In calculating the gross floor area pursuant to this paragraph (1), the area restriction shall not include the area used by lawful non-dry cleaning operations of a multiple use type of service establishment where, in addition to dry cleaning, there may be a launderette, shirt laundering, shoe repairing, and fur storage.
(2) No Class B dry cleaning establishment hereafter established shall be permitted within any building, except that this paragraph (2) shall not apply to those establishments created prior to the effective date of these rules:
(i) which is of wood frame construction;
(ii) which is classified as a public building pursuant to § C26-235.0 of the Administrative Building Code;
(iii) any part of which establishment is within 20 feet of any public building, as defined in § C26-235.0 of the Administrative Code.
(e) Egress. The means of egress in all dry cleaning establishments shall be in conformity with the applicable provisions of the building laws and regulations governing such establishments. In addition thereto, all establishments shall conform to the following:
(1) A three foot (3 feet 0 inches) wide aisle providing access from the main work area to the required means of egress shall be provided. Such required aisle shall not be obstructed by any fixed obstruction in any manner whatsoever.
(2) In all hereafter established dry cleaning establishments all required exit doorways shall be arranged to swing outwardly in the direction of the egress.
(f) Fire prevention – Class B establishments. All hereafter established Class B dry cleaning establishments shall comply with the following, except that subdivision (f) shall not apply to those establishments created prior to the effective date of these rules:
(1) (i) No power or heating boiler shall be permitted in the same area or space where dry cleaning units are located, whether on the cleaning floor or floors or cellar or basement level unless either
(A) the boiler or boilers shall be enclosed in a 3-hour unpierced masonry enclosure and entered only from the outer air; or
(B) the boiler or boilers shall be enclosed in a 3-hour masonry enclosure with a one-hour fireproof self-closing door which opens into a ventilated vestibule similarly enclosed and entered by a one-hour fireproof self-closing door opening onto the interior of the premises or establishment.
(2) Non-fireproof enclosing partitions and ceilings within six feet of any dry cleaning unit shall be fire-retarded with one-hour fire resistive materials and doors and with two approved automatic wet pipe sprinkler heads located over the cleaning unit which may have its source of supply from the house water system.
(3) All openings from any such dry cleaning establishment leading to a fire escape shall be equipped with a one-hour fireproof self-closing door or fireproof window assembly.
(4) Except as provided in 2 RCNY § 4-05(f)(1)(i), there shall not be employed in any such dry cleaning establishments any device or apparatus employing flame or fire which is likely to produce an exposed spark except electric apparatus placed at least five feet above the floor, or approved type of "explosion proof electric motors". In such establishments all lighting shall be fitted with keyless sockets and all switches and receptacles shall be placed at least four feet above the floor. Nothing contained in this paragraph (4) or 2 RCNY § 4-05(f)(1)(i) shall prohibit the installation of any gas, oil or electric heating device of a type approved by the Fire Commissioner under such conditions as he shall prescribe.
(g) Fire prevention – Class A establishments. All hereafter established Class A dry cleaning establishments shall comply with the following, except that this subdivision (g) shall not apply to those establishments created prior to the effective date of these rules:
(1) Unless otherwise specifically exempted by law, no power or heating boiler shall be permitted in the same area or space where dry cleaning units are located unless such boiler or boilers shall be enclosed in a one-hour fireproof partition and entered by a one-hour fireproof self-closing door whether from the interior of the premises or establishments or to the outer air.
(2) All ceilings of all such boiler rooms as provided in 2 RCNY § 4-05(g)(1) shall be fire-retarded with one-hour fire resistive material.
(3) All openings from any such dry cleaning establishment leading to a fire escape shall be equipped with a fireproof self-closing door or fireproof window assembly.
(h) Fire prevention – all dry cleaning establishments. All existing or hereafter established dry cleaning establishments whether Class A or Class B shall comply with the following: (1) The provisions of § of the Administrative Code.
(2) It shall be unlawful to store any flammable liquids or solvents in quantities aggregating more than five gallons without a permit as provided in Subchapter 9 of Chapter 4 of Title 27 of the Administrative Code.
(3) All flammable liquids and solvents used for spotting and sponging shall be contained in approved individual metal containers not exceeding two-quart capacity each.
(4) All sludge or residue removed from a dry cleaning unit shall be placed in a metal container not exceeding 55 gallons of capacity with a tight fitting cover and shall be removed from the premises and disposed of in a lawful manner.
(5) All solvent used in the dry cleaning unit shall be either
(i) received and stored in metal containers not exceeding 55 gallons each and pumped directly into a dry cleaning unit or units by means of a detachable leakproof pump and pipe system, or
(ii) received and stored in a tank or tanks in accordance with the rules of the Board of Standards and Appeals relating to the receiving and storing of fuel oils and pumped directly into a dry cleaning unit or units by means of a closed leakproof pipe and pump system.
(i) Ventilation.
(1) All hereafter established dry cleaning establishments whether Class A or Class B shall be equipped with adequate ventilation to provide at least four complete changes of air volume an hour of such establishments during the operation of any dry cleaning units, and such ventilation as is otherwise required by law.
(2) All Class A dry cleaning establishments shall have sufficient ventilation so as to prevent an excessive concentration of solvent vapors in the dry cleaning establishment. An excessive concentration of solvent vapors shall be that which exceeds the average of 200 parts of solvent vapors per one million parts of air during any working day.
(3) The direct equipment exhausts or vents of all dry cleaning establishments whether Class A or Class B shall terminate to the outer air in the following manner:
(i) At least 7 feet above the roof, street, yard or court grade on which it opens of the premises in which said establishment shall be located, and
(ii) The exhaust shall be under static pressure by reason of a mechanical fan, and
(iii) The terminal of the exhaust shall be at least five feet from any window or ventilating opening if said ventilating window or ventilating opening lies on the same plane as the exhaust terminal and when the ventilating windows, or other ventilating openings lie on a plane which faces in the direction of the exhaust terminal such terminal shall be at least 10 feet away from the same, and
(iv) All direct equipment exhausts or vents shall be provided with mesh lint arrestors which shall be kept clean unless lint traps are provided on the units, and
(v) The requirements of 2 RCNY § 4-05(i)(3)(i) and (iii) shall not apply to those establishments created prior to the effective date of these rules.
(j) Operating precautions.
(1) A printed notice embodying these rules shall be posted in a conspicuous place in all dry cleaning establishments.
(2) The proprietor of any Class A establishment shall furnish to any person cleaning out a dry cleaning unit an approved type respirator for his use during the process of cleaning out any such unit.
(3) All equipment shall be installed in such manner as to minimize noise, vibration, smoke, and odors, and other forms of nuisances to the occupants of the premises in which such cleaning establishment may be located or to the occupants of any adjacent premises.
(k) Penalties. Any violation of these rules shall be subject to the penalties prescribed in the Zoning Resolution therefor, in addition to other penalties prescribed by law.
(l) Severability. If any term, part or provision of any of the aforesaid rules shall be held unconstitutional or ineffective in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts or provisions of these rules.
(Renumbered City Record 4/4/2019, eff. 5/5/2019)