The purpose of this code is to provide minimum standards to safeguard life or limb, health, property, public welfare and the environment by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems.
*Section MC 101.3 was amended by: Local Law 49 of 2010 – Update #44. This law has an effective date of October 06, 2010.
The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
Except as otherwise provided for in this chapter or elsewhere in this code, a provision in this code shall not require the removal, alteration or abandonment of, nor prevent the continued utilization and maintenance of, a mechanical system lawfully in existence on the effective date of this code.
Mechanical systems, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and sanitary condition. Devices or safeguards that are required by this code shall be maintained in compliance with the applicable provisions under which they were installed. The owner shall be responsible for maintenance of mechanical systems. To determine compliance with this provision, the commissioner shall have the authority to require existing mechanical systems to be inspected.
Additions, alterations, renovations or repairs to a mechanical system shall conform to requirements for a new mechanical system without requiring the existing mechanical system to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing mechanical system to become unsafe, hazardous or overloaded. Minor additions, alterations, renovations and repairs to existing mechanical systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.
The standards referenced herein shall be those that are listed in Chapter 15 and in the rules of the department and such standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Refer to Article 103 of Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to referenced standards.
Requirements necessary for the strength, stability or proper operation of an existing or proposed mechanical system, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the commissioner.
The commissioner shall have the authority to render interpretations and to adopt rules establishing policies, and procedures to clarify and implement the provisions of this code. Such interpretations and rules shall be in compliance with the intent and purpose of this code. Refer to the New York City Charter and Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to the authority of the Commissioner of Buildings.
Any owner or authorized agent who intends to construct, add to, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, add to, alter, repair, remove, convert or replace any gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application for construction document approval in accordance with Chapter 1 of Title 28 of the Administrative Code and this chapter and obtain the required permit.
Exemptions from permit requirements of this code as authorized in Chapter 1 of Title 28 of the Administrative Code and the rules of the department shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or rules.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other law. Permits presuming to give authority to violate or cancel the provisions of this code or other law shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the commissioner from requiring the correction of errors in the construction documents and other data. The commissioner is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other law.
The applicant shall submit all of the documents specified in Sections 106.3 through 106.10 as appropriate to the nature and extent of the work proposed. Construction documents shall indicate the heating, ventilation, refrigeration, and other mechanical work to be performed, so drawn as to conform to the architectural and structural aspects of the building and to show in detail compliance with this code.
1. Diagrams of all distribution piping, including vent and fill piping for oil systems, and all safety cut-off and relief devices and valves in piping; indications of the sizes of distribution piping to be used and the fire resistive ratings of the shafts or spaces containing distribution piping where required to be fire rated.
2. Diagrammatic floor plans showing the size, location, material for all fuel oil and transfer distribution piping and related equipment.
3. Floor plans or partial floor plans showing the location, layout, size, and listing information for all fuel-burning equipment, tanks, vents, and chimneys. The plans shall also indicate the method or means of providing air to the equipment space, including duct and opening sizes.
4. Plans indicating the location and type of any relevant smoke and heat detectors, alarm, and fire extinguishing systems.
6. Details indicating the location, size and materials for all breechings; the thickness and type of insulation materials; and the clearances from combustible walls, partitions, and ceiling; and the fire-resistive ratings of rooms and spaces containing the equipment.
7. Details describing the type, material, listing information, height, and termination distances to adjacent properties and structures for chimneys and vents.
8. Details showing structural supports for fuel-burning equipment where required.
9. A statement as to the kind or grade of fuel to be used.
10. Plans indicating the location, arrangement, size, load, and maximum capacity of the burning, storage and fuel-pumping equipment.
Construction documents for boiler installations shall indicate the output capacity in BTU per hour, the operating weight of each boiler, the pressure setting of the relief valves, and such other data and information as required by this code.
1. The location and sizes of all ducts; the location of all fire and smoke dampers, motors, fans, and filters; the type, air capacity, and size of all equipment; and where not shown on accompanying structural plans, the operating weight and manner of support of equipment.
2. The locations of smoke detecting devices.
3. The location and size of the fresh air intake, the design population, and the required ventilation for each room or space.
4. The amount of air to be exhausted or supplied from each outlet for each room or space.
5. In the case of ventilating or exhaust systems for ranges, fryers, ovens, and other similar types of restaurant or bakery equipment, for which a hood is required, the plans shall also show the type of extinguishing system, the location of heat detection devices, nozzles, piping, gas controls, manual and automatic control valves, method of joining ducts, method and location of discharging exhaust from building, the location of break-glass controls, and the quantity in cfm designed for each hood.
Except as otherwise specifically provided, inspections required by this code or by the department during the progress of work may be performed on behalf of the owner by approved agencies or, if applicable, by special inspectors. However, in the interest of public safety, the commissioner may direct that any of such inspections be performed by the department. All inspections shall be performed at the sole cost and expense of the owner. Refer to Article 116 of Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to inspections. In addition to any inspections otherwise required by this code or applicable rules, the following inspections shall be required:
1. Progress inspections:
1. 1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site.
Exception: Ground-source heat pump loop systems tested in accordance with Section 1208.1.1 shall be permitted to be backfilled prior to inspection.
1.2. Rough-in inspection shall be made after the roof, framing, fireblocking and bracing are in place and all ducting and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes.
4. Issuance of Certificate of Compliance. Upon satisfactory inspection of service equipment and the satisfaction of all the requirements for sign-off, the department shall issue a certificate of compliance as applicable for the following service equipment:
4.2. Fuel-burning and fuel-oil storage equipment, including generators,
4.3. Refrigeration systems,
4.4. Heating systems, and
The requirements of Section 107.1 shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure.
Prior to the approval of a prefabricated construction assembly having concealed mechanical work and the issuance of a permit, the department shall require the submittal of an evaluation report by an approved agency on each prefabricated construction assembly, indicating the complete details of the mechanical system, including a description of the system and its components, the basis upon which the system is being evaluated, test results and similar information, and other data as necessary for the commissioner to determine conformance to this code.
Required test and inspection records shall be available to the commissioner at all times during the fabrication of the mechanical system and the erection of the building; or such records as the commissioner designates shall be filed.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the department for inspection and testing.