§27-860 Adjoining Chimneys

(a) 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 previously constructed chimneys within one hundred feet, the owner of such new or altered building shall have the responsibility of altering such chimneys to make them conform with the requirements of section 27-859 of this article. A chimney that is no longer connected with a fireplace or combustion or other equipment for which a chimney 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 previously constructed chimneys to the height required in section 27-859 of this article.

(2) Offset such chimneys to a distance beyond that required in section 27-859 of this article from the new or altered building, provided that the new location of the outlet of the offset chimney shall otherwise comply with the requirements of this subchapter.

(b) Protection of draft. After the alteration of a chimney as required by subdivision (a) of 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.

(c) Written notification. The owner of the new or altered building shall notify the owner of the building affected in writing at least forty-five days before starting the work required and request written consent to do such work. Such notice shall be accompanied by plans indicating the manner in which the proposed alterations are to be made.

(d) Approval. The plans and method of alteration shall be subject to the approval of the commissioner.

(e) Refusal of consent. If consent is not granted by the owner of the previously constructed building to do the alteration work required by subdivisions (a) and (b) of 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 has submitted plans that conform to the requirements of this section, he or she 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. Likewise, should such owner neglect to grant consent within forty-five days from the date of written request or fail to signify his or her refusal, he or she shall then assume all responsibilities as prescribed above.

(f) Procedure. It shall be the obligation of the owner of the new or altered building to:

(1) Schedule this work so as to create a minimum of disturbance to the occupants of the affected building.

(2) Provide such essential services as are normally supplied by the equipment while it is out of service.

(3) Where necessary, support such extended chimneys and equipment from this building or to carry up such chimneys within his or her building.

(4) Provide for the maintenance, repair, and/or replacement of such extensions and added equipment.

(5) Make such alterations of the same material as the original chimney so as to maintain the same quality and appearance, except where the owner of the chimney affected shall give his or her consent to do otherwise. All work shall be done in such fashion as to maintain the architectural esthetics of the existing building.

(g) 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.

(h) The commissioner may grant a variance in accordance with the provisions of section 27-107 of article one of subchapter one of this chapter.