// CODE SNIPPET
2113.1.6 Adjoining Chimneys and Vents
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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 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:
- Carry up the previously constructed chimneys or vents to the height required in this chapter.
- 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.
The owner of the new or altered building shall notify the owner of the building affected in writing at least 45 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.
If consent is not granted by the owner of the previously constructed 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 submitted plans that conform to the requirements of this section, 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 written request or fail to signify his or her refusal, he or she shall then assume all responsibilities as prescribed above.
It shall be the obligation of the owner of the new or altered building to:
- Schedule this work so as to create a minimum of disturbance to the occupants of the affected building; and
- Provide such essential services as are normally supplied by the equipment while it is out of service; and
- 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; and
- Provide for the maintenance, repair, and/or replacement of such extensions and added equipment; and
- 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 affected 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.