§5-02 Non-Coin-Operated Dry Cleaning Establishments

      Combustible solvent. The term "combustible solvent" shall mean a liquid solvent that will either burn or will support combustion.

      Dealing directly with the ultimate consumer. For the purpose of these rules and to carry into effect the provisions of §32-15 A of the Zoning Resolution of the City of New York, the term "dealing directly with the ultimate consumer" shall refer only to those retail non-coin-operated dry cleaning establishments which perform services or articles conveyed directly by a retail customer to such establishment or collected directly from and delivered to the retail customer by an employee of such establishment or by any vehicle in the ownership, operation or control of such establishment.

      Dry cleaning. For the purpose of these rules "dry cleaning" shall be deemed to be the insertion, into a dry cleaning machine or unit, of textiles, fabrics, garments or other articles for the purpose of cleaning them by the use of solvents (other than water) with a flash point of not less than 138.2 degrees Fahrenheit when tested in a Tagliabue open cut tester, and the removal of same from such machine by an employee or owner-operator of a dry cleaning establishment, with a rail, counter, or other divider separating the dry cleaning units from the customer space.

      Dry cleaning establishment. For the purpose of these rules a "dry cleaning establishment" shall be deemed to be a non-coin-operated retail establishment used for dry cleaning, (as defined in §5-02(a) "dry cleaning" of these rules) dealing directly with ultimate consumers, limited to 2,000 square feet of floor area per establishment and wherein the total aggregate dry load capacity of the dry cleaning machines shall not exceed 60 lbs. This definition and §5-02(c)(1)(i) shall not apply to any premises where Use Group 16 is permitted.

      Dry cleaning establishment using a combustible solvent and dry cleaning establishments using a non-combustible solvent. The terms "dry cleaning establishment using a combustible solvent" and "dry cleaning establishments using a non-combustible solvent" as used in these rules shall refer to the solvent used as the detergent in the dry cleaning units.

      Dry cleaning unit. A "dry cleaning unit" is the machinery or equipment in which textiles, fabrics, garments or other articles are carried through a complete cleaning cycle. A "dry cleaning unit" may consist of one or more detached component machines.

      Existing. The term "existing" shall mean those dry cleaning establishments established prior to December 15, 1961.

      Flammable liquid solvents. The term "flammable liquid solvents" shall mean such as will omit 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 December 14, 1961.

      Non-combustible solvent. The term "non-combustible solvent" shall mean a liquid solvent that will not burn and will not support combustion.

      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 wearing 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.

   (b)   Approval.

      (1)   (i) It shall be unlawful to use any premises for any hereafter established non-coin-operated retail dry cleaning establishment unless application and plans have been filed with, and approved by, the Department of Buildings or the Department of Ports and Trade in accordance with law.

         (ii)   The Department of Buildings shall have exclusive jurisdiction over inspections and enforcement of all provisions of these rules, except where such jurisdiction is specifically given to any other Agency in these rules or by the New York City Charter.

      (2)   The provisions of these rules shall not apply to any dry cleaning establishment for which plans were approved prior to the effective date of these rules, provided that such establishment complied with the rules in force at the time of approval.

      (3)   No dry cleaning unit shall be installed unless such unit is approved by the Board of Standards and Appeals.

      (4)   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.

      (5)   No dry cleaning solvent shall be used unless such solvent has been tested and rated by the Fire Commissioner.

      (6)   It shall be unlawful in any dry cleaning unit approved by the Board to use any solvent other than that for which the dry cleaning unit has been approved by the Board.

      (7)   No non-conforming existing dry cleaning establishment shall be enlarged or extended unless such extension or enlargement be made in a conforming manner.

   (c)   Restrictions on locations and areas.

      (1)   (i) No dry cleaning establishment shall have a gross floor area exceeding 2,000 square feet to be used for dry cleaning and incidental operations, including space used for pressing, finishing, storage and for the service of customers. 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. Such additional space may include ordinary storage, boilers, compressors, pumps and filtration equipment.

         (ii)   In calculating the gross floor area of a non-coin-operated dry cleaning establishment pursuant to §5-02(c)(1)(i) such gross floor area in a multiple use type of service establishment, shall not include the area used for lawful non-dry-cleaning operations.

      (2)   No non-coin-operated retail dry cleaning establishment using a combustible solvent shall be permitted within any building which is:

         (i)   of wood frame (class 4) construction; or

         (ii)   which is classified as a public building pursuant to §26-235 of the Administrative Code except when located in a portion of such building completely separated from the public use portion by unpierced fire-proof construction having a 3 hour fire rating provided §5-02(c)(2)(iii) is complied with; or

         (iii)   where any part of such establishment is within 20 feet of the public use portion of a public building.

   (d)   Egress. Egress from all establishments subject to these rules shall comply with the Administrative Code and all other laws, rules and regulations applicable thereto and in addition thereto, all such establishments shall be provided with an unobstructed aisle not less than 3 feet wide leading from the main work area to all required means of egress. All required exit doors shall swing in the direction of egress.

   (e)   Fire prevention. All hereafter established dry cleaning establishments, subject to these rules, shall comply with the following:

      (1)   No boiler shall be permitted in the same area or space where dry cleaning units are located, nor in the cellar directly under or within 5 ft. (measured horizontally) from any dry cleaning unit, unless either

         (i)   the boiler or boilers shall be enclosed in a one hour fire resistive unpierced enclosure and entered only from the outer air; or

         (ii)   the boiler or boilers shall be enclosed in a one hour fire resistive enclosure with a one-hour fireproof self-closing door opening into a ventilated vestibule similarly enclosed and entered by a one-hour fireproof self-closing door opening into the interior of the premises or establishment.

      (2)   The ceiling of all such boiler rooms as required in §5-02(e)(1) and the adjoining entrance vestibule referred to in §5-02(e)(1)(ii) above, shall be fire-retarded with one-hour fire resistive material.

      (3)   Non-fireproof partitions and ceilings within six feet of any dry cleaning unit using a combustible solvent shall be fire-retarded with one-hour fire resistive materials and doors and with two approved automatic wet pipe sprinkler heads located over each cleaning unit; these sprinkler heads may have their source of supply from the house water system.

      (4)   All openings from any such dry cleaning establishment, using a combustible solvent, leading to a fire escape shall be equipped with a one-hour fireproof self-closing door or fireproof window assembly.

      (5)   Except as provided in §5-02(e)(1), there shall not be employed in any such dry cleaning establishment using a combustible solvent any device or apparatus employing flame or fire or 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 (5) or §5-02(e)(1) shall prohibit the installation of any gas, or oil-fired heating device of a type approved by the Board for use in garages or in combustible or explosive atmospheres.

      (6)   In an establishment using a non-combustible solvent, no direct-fired clothes dryer shall be located within 25' of a dry cleaning unit unless an incombustible vapor tight partition (which may contain glass), equipped with self-closing doors, is provided between the dry cleaning unit and the flame producing device. This partition may provide either complete or partial separation, provided that any partial separation is so arranged that the line of air travel around the partition from the dry cleaners to the dryers is a minimum of 25'.

         (i)   The 25 feet separation between dry cleaning units and direct fired clothes dryers as required by §5-02(e)(6) may be reduced to 15 feet where a solid incombustible vapor-tight partition is constructed extending from the top of direct-fired clothes dryers to the ceiling and all portions of the dryer enclosures are solid, except for self-closing access doors, so that vapors from the dry cleaning units cannot reach the dryer flame, provided adequate fresh air for combustion and drying is supplied to the dryers from the outer air.

         (ii)   Nothing contained in these rules shall prohibit the installation of suspended gas or oil-fired heaters approved by the Board, provided that such heaters are located at least 7' above the floor, and at least 5' (measured horizontally) from any dry cleaning unit using a non-combustible solvent.

      (7)   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.

      (8)   All flammable liquids and solvents used for spotting and sponging shall be contained in approved individual metal containers not exceeding two-quart capacity each.

      (9)   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.

      (10)   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 constructed in accordance with the Oil Burner rules (§16-01) of the Board of Standards and Appeals, and pumped directly into a dry cleaning unit or units by means of a closed leakproof pipe and pump system.

      (11)   All non-coin-operated retail dry cleaning establishments shall be provided with at least two portable dry chemical fire extinguishers of not less than five pounds capacity each. The Fire Department shall have jurisdiction over the location of these fire extinguishers and shall make periodic inspection to insure that the fire extinguishers are in proper working order, and that proper housekeeping conditions are maintained on the premises and that the dry cleaning solvent used shall be of the type for which the dry cleaning unit was approved by the Board.

   (f)   Ventilation.

      (1)   All hereafter established dry cleaning establishments subject to these rules 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. The ventilating system shall be so arranged that air surrounding the dry cleaning equipment shall not be drawn through or past any unprotected flame producing device. Sufficient make-up air shall be introduced into all parts of the establishment to equal the air exhaust by dry cleaning units, dryers, and exhaust ventilating system.

      (2)   The direct equipment exhausts or vents of all dry cleaning establishments subject to these rules 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 in which said establishment is located, and

         (ii)   The exhaust shall be under negative pressure within the envelope of the building by means of a power operated fan, and

         (iii)   The terminal of the exhaust shall be at least five feet from any window or ventilating opening if the window or ventilating opening lies on the same plane as the exhaust terminal and when the windows, or ventilating openings lie on a plane which faces in the direction of the exhaust terminal such terminal shall be at least 10 feet from such opening, and

         (iv)   All direct equipment exhausts or vents shall be provided with approved mesh lint arrestors which shall be kept clean unless approved lint traps are provided on the units.

   (g)   Operating precautions.

      (1)   A printed notice embodying these rules shall be posted in a conspicuous place in all dry cleaning establishments.

      (2)   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.

   (h)   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.

   (i)   Separability. 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.