123-21 Modification of Use Groups 2, 3 and 4

The uses listed in Use Group 2, and the following uses listed in Use Groups 3 and 4: college or school student dormitories and fraternity or sorority student houses, long-term care facilities, philanthropic or non-profit institutions with sleeping accommodations, monasteries, convents or novitiates, non-profit hospital staff dwellings without restriction on location, and non-profit or voluntary hospitals, may only locate in the same building as, or share a common wall with a building containing, an existing manufacturing or commercial use, upon certification by a licensed architect or engineer to the Department of Buildings that such manufacturing or commercial use:

(a)        does not have a New York City or New York State environmental rating of "A", "B" or "C" under Section 24—153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and

(b)        is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.