Chapter 1 Material and Equipment Application Procedures

Chapter 2 Boiler Inspections

Chapter 3 Vacant and Unguarded Buildings

Chapter 4 Certificates of Occupancy, Live Loads and Occupancy Loads

Chapter 5 Concrete

Chapter 6 Cranes

Chapter 8 Demolition

Chapter 9 Rigging Operations

Chapter 10 Drums for Derrick Load and Boom Hoists

Chapter 11 Elevators, Escalators, Personnel Hoists and Moving Walks

Chapter 12 Emergency Power Systems

Chapter 13 Adjudications

Chapter 14 Fees [Repealed]

Chapter 15 Fire Protection

Chapter 16 Inspection of Existing Structures During Construction Operations

Chapter 17 Testing Laboratories and Testing Services

Chapter 18 Resistance to Progressive Collapse Under Extreme Local Loads

Chapter 19 Master Plumbers and Licensed Fire Suppression Piping Contractors

Chapter 20 Piping Systems

Chapter 21 Plans

Chapter 22 Pressure Tanks

Chapter 23 Noncommercial Greenhouses

Chapter 24 Refuse Chutes and Refuse Rooms

Chapter 25 Climber and Tower Crane Riggers

Chapter 27 Signs

Chapter 28 Smoke Detecting Devices and Systems and Carbon Monoxide Detecting Devices and Systems

Chapter 29 Sprinkler Systems

Chapter 30 Storage of Certain Waste Materials

Chapter 31 Suspension, Revocation or Limitation of Registration [Repealed]

Chapter 32 Walls [Repealed]

Chapter 33 Exemptions From Civil Penalties

Chapter 34 Electrical Code Rules

Chapter 35 Electrical Inspection

Chapter 36 Electrical Contractors

Chapter 37 Reference Standards

Chapter 38 Ventilation

Chapter 39 Cooling Towers and Evaporative Condensers

Chapter 40 Installation and Maintenance of Gas-Fueled Water and Space Heaters in All Portions of Dwellings Used or Occupied for Living Purposes

Subchapter A Scope
Subchapter B Departmental Procedure
Subchapter C Where Heaters May Be Used
Subchapter D Installation of Gas-fueled Heaters

Chapter 41 Venting of Gas Water Heaters and Other Gas Appliances in Multiple Dwellings

Chapter 42 Entrance Doors, Locks and Intercommunication Systems

Chapter 43 Installation of Security Items in Multiple Dwellings

Chapter 44 Exemptions From Filing Requirements [Repealed]

Chapter 45 Building Permit Application Procedures

Chapter 46 Authorized Representatives

Chapter 48 Construction Superintendents [Repealed]

Chapter 49 Outdoor Signs

Chapter 50 Distributed Energy Resource Standards

Chapter 51 Dormitories

Chapter 52 Notification to the Department of Commencement of Work Pursuant to an Earthwork Permit

Chapter 100 [Administration; Enforcement; Maintenance of Buildings; Licensing; Miscellaneous Provisions]

Chapter 300 Use and Occupancy Classification

Chapter 400 Special Detailed Requirements Based on Use and Occupancy

Chapter 900 Fire Protection Systems

Chapter 1000 Means of Egress

Chapter 1100 Accessibility

Chapter 3000 Elevators and Conveying Systems

Chapter 3300 Safeguards During Construction and Demolition

Chapter 3500 Referenced Standards

Chapter 3600 Appendices

Chapter 4000 Electrical Code

Chapter 5000 New York City Energy Conservation Code

Chapter 6000 Fuel Gas Code

Chapter 7000 Mechanical Code

Chapter 8000 New York City Plumbing Code

Chapter 9000 Zoning

Subchapter A Scope

These rules shall govern the installation and maintenance of gas-fueled space and water heaters in the residence portions of multiple dwellings in the City of New York, including but not limited to the installation of such devices in multiple dwellings which are installed in lieu of centrally supplied heat and hot water under the provisions of §27-2028 and §27-2032 of the Administrative Code and in one and two family residences not heated by a central heating system.

Subchapter B Departmental Procedure

   (a)   Before commencing the installation of a gas-fueled space or water heater in a dwelling an application, as specified below must be filed in the borough office of the Department of Buildings where the installation is to be made, giving the address of the dwelling and all pertinent information required on the forms.
   (b)   Applications shall be accepted only where gas appliances will be connected to flues in existing brick chimneys, and where no other venting or other work is required to be done. They shall not be accepted for installation of gas-fueled heaters in sleeping rooms. Applications shall clearly state the type of appliance to be installed, the floors, apartments and rooms in which they are to be placed, including the number of rooms in the apartment and the occupancy of each room, whether sleeping room or otherwise. They shall describe the condition of the chimney flue to be used and state whether the draft is satisfactory. If a gas meter is to be installed its location shall be given.
   (c)   Where vent pipes are to be installed, or other work done in connection with the installation of gas-fueled heaters, an application shall be filed. It shall indicate the type of each such device, the floor on which, and the apartment and the occupancy of the room in which such appliance is to be installed, the material and dimensions of the vent pipe or flue, and the dimensions of the court or yard to which the exhaust vent will be carried. If a gas meter is to be installed, its location shall be shown. No plumbing specification sheet need be filed with such application.
   (d)   Application for permits to install gas-fueled space heaters and water heaters may be made separately or together on one application but each such application shall indicate that all apartments in the building will be provided with gas-fueled space and/or water heaters as the case may be. The location, type, make, and capacity of all such appliances previously installed or to be installed in a building shall be specified. If any of the appliances have been installed in multiple dwellings prior to December 9, 1955, which the owner desires to maintain, the necessary work to make them comply with these rules should be indicated.
   (e)   An application may be filed by the owner of the premises, or his architect, engineer, contractor, plumber or other agent. If the application is not filed by the owner, and owner's authorization form also shall be filed.
   (a)   Applications, when filed, shall be processed in the usual manner and forwarded to the inspectors of plumbing.
   (b)   Applications calling for the installation of gas-fueled space and water heaters shall be expedited and may be taken out of turn, except that they shall be processed in the order in which they were received. They shall be examined for compliance with these rules and all other laws and regulations applicable to such installations. If any chimney or metal stack is to be installed, examiners shall check such construction for compliance with Subchapter 15 of Chapter 1 of Title 27 of the Administrative Code (Building Code). They shall require that the foundation shall be carried not less than four feet below the surface of the ground, and that the soil on which it is built to be not overloaded. They shall require that new chimneys be strapped to the existing walls.
   (c)   Only applications calling for the installation of gas-fueled space or water heaters, approved by the Department of Buildings, specifying the make and model shall be approved. All such gas appliances shall be of types approved also by the American Gas Association. However, where an owner desires to continue to use any gas appliance installed in a multiple dwelling prior to December 9, 1955, clearly shows on the plan the data required by 1 RCNY §40-11(f) and prominently marks the appliances that have not been approved by the Department of Health, the application may be conditionally approved pending the approval of the appliances by the Department of Health.
   (a)   It shall be unlawful to commence any construction for which an application has been filed until a permit for the proposed work has been issued by the borough superintendent, and it shall be unlawful to commence the installation of piping of any gas appliance until a registered plumber has filed a signed statement with the borough superintendent containing the address of said plumber and stating that he is duly authorized to proceed with the work.
   (b)   The plumber shall notify in writing the borough superintendent of the Department of Buildings of the borough in which any gas-fueled space or water heater is to be installed when such work is to begin and when it will be ready for operation and inspection.
   (a)   Where an application has been filed it shall be the responsibility of the inspectors of plumbing to see that gas-fueled space and water heaters are installed in dwellings, apartments and rooms where such heaters are permitted to be installed in lieu of central heat or supply of hot water. They shall see to it that the appliances are of types approved by the Department of Buildings and the American Gas Association, and are installed in compliance with these rules.
   (b)   An application covering the installation of these appliances in dwellings shall be forwarded directly to the plumbing inspectors when approved as a permit. The installation of such appliances including Type B and other gas vents, but not chimneys, shall be inspected by inspectors of plumbing. If an application does not call for construction of a masonry or metal chimney, it shall be reported as completed, by the plumbing inspector, provided the work was satisfactory with a note on his report "no structural work."
   (c)   If the application calls for the erection of a masonry or metal chimney, it shall be forwarded by the plumbing inspector to the construction inspector as soon as the plumbing inspector has found the installation of these gas appliances and vent connections satisfactory. The construction inspector shall report such an application completed if the construction of the chimney has been satisfactorily performed.
   (a)   A gas-fueled space or water heater installed after December 18, 1957, and a gas-fueled space heater installed prior to that date, in the residence portion of a multiple dwelling and installed after October 1, 1964, in one and two family dwellings, shall be approved by the Department of Buildings only if it is of a type approved by the Department of Buildings and the American Gas Association, and if it has been installed in compliance with these rules. A gas-fueled water heater installed in a multiple dwelling prior to December 18, 1957, and in a one or two family dwelling prior to October 1, 1964 shall be approved by this department only after it has been made to comply with all the requirements of these rules. The certification of approval of type of appliance by the Department of Buildings of such water heaters shall be attached to the application.
   (b)   An application which has been filed to cover the installation of only gas-fueled space heaters or only gas-fueled water heaters shall be reported as being satisfactorily completed only if all apartments in the building have been provided with either space or water heaters as the particular application specified. If an application calls for the installation of both space heaters and water heaters it shall be reported as being satisfactorily completed only if all apartments in the building have been provided with both space heaters and water heaters. Nor shall any application be reported as being satisfactorily completed unless all new appliances have been installed in compliance with these rules and all existing appliances have been made to conform with them.
   (c)   When the plumbing section signs off, as satisfactorily completed, an application which provides for the installation of gas-fueled space heaters in all apartments of a multiple dwelling, including the apartments where gas-fueled space heaters may have been installed prior to December 18, 1957, they shall make a list of such premises and send a copy of the list to the Department of Housing Preservation and Development. Where water heaters also have been satisfactorily installed, that fact should be noted on the list. The list shall contain the premises and the application number under which the appliances have been installed, and shall be forwarded weekly.

Subchapter C Where Heaters May Be Used

Gas-fueled or water heaters may be used in lieu of centrally supplied heat or hot water only in an apartment in a dwelling which complies with all the following requirements:
   (a)   The apartment shall consist of two or more living rooms.
   (b)   The apartment shall consist entirely of rooms used in Class A occupancy, or in one or two-family dwellings.
   (c)   The apartment shall not be, in whole or in part, arranged, designed or intended to be used for single room occupancy.
   (d)   The apartment shall not have been formed, in whole or in part, as a result of work done to increase the number of apartments of a converted dwelling or a tenement under an application or plan filed with the department on or after December 9, 1955.
   (e)   The apartment shall not be located in a building which has been vacant under conditions and for periods which render it subject to the provisions of §27-2089 of the Administrative Code.
   (f)   The apartment shall not have been converted or altered under plans filed with the department on or after December 9, 1955 so as to cause any existing or newly created portion of a Class A or Class B converted dwelling not previously constituting an apartment consisting of rooms used for Class A occupancy to become such an apartment.
   (g)   The apartment shall not be a part of a Class A or Class B multiple dwelling which is or was converted to such dwelling from a single family or two-family dwelling under an application or plan filed with the department on or after December 9, 1955.
   (h)   The apartment shall not be in a tenement which, after being used or occupied as other than a tenement, is or was reconverted to a tenement under any application or plan filed with the department on or after December 9, 1955.
   (i)   In accordance with Building Code Reference Standard P107.26.

Subchapter D Installation of Gas-fueled Heaters

Gas-fueled space and water heaters, installed after December 18, 1957, in apartments in multiple dwellings, in lieu of centrally supplied heat or hot water where such centrally supplied heat or hot water supply is required by the Multiple Dwelling Code, and in one and two family dwellings installed after October 1, 1964 shall be of types approved by the Department of Buildings and the American Gas Association.
On and after December 18, 1957, it shall be unlawful to install in any apartment in any multiple dwelling, and after October 1, 1964 in a one or two family dwelling a gas-fueled water heater, so designed and arranged that it heats water in pipe coils placed at a distance from the hot water storage tank.
   (a)   Where gas-fueled heaters are permitted to be installed in lieu of the required centrally supplied heat, each "living room," as such term is defined in subdivision 18 of § 4 of the Multiple Dwelling Law, shall be heated by a heater placed in such room or in an adjoining room which connects with it except that a room whose exterior walls are exposed only on a fully enclosed inner court may be heated by a heater located one room removed from such room. For this purpose, an inner court shall be considered fully enclosed even though some of the enclosure walls are located on an adjoining lot. The aggregate input capacity of the heater or heaters installed in any apartment shall not be less than the number of living room times ten thousand (10,000) British thermal units per hour.
   (b)   Notwithstanding the provisions of subdivision (a) of this section, there shall be installed and continuously maintained by the owner in each apartment gas-fueled heaters in such numbers and at such locations as shall be sufficient to heat such apartment to the minimum temperature which would be required to be maintained therein by the owner under the provisions of the Health Code of the city relating to the heating of buildings, if such owner were required to furnish centrally supplied heat in such apartment.
   (c)   The requirements of subdivision (a) and (b) of this section are not applicable when an apartment in a multiple dwelling is heated by gas-fueled space heater or heaters which were installed by a tenant prior to December 18, 1957, and in a one or two family dwelling prior to October 1, 1964 and owned by such tenant or successor tenant.
Gas-fueled water heaters shall be automatic storage types having a capacity of not less than twenty gallons and shall, in any event, be adequate to provide a supply of hot water as defined in §27-2031 and §27-2034 of the Housing Maintenance Code, and § 131.042 of the Health Code.
Each gas-fueled space or water heater installed in an apartment in a dwelling shall be equipped with an effective device which will automatically shut off the gas supply to such heater in the event that its pilot light or other constantly burning flame is extinguished, or in the event of an interruption of the gas supply to such heater. Such automatic gas shut-off device shall be of a type which, after it has shut off the supply of gas to a heater, will not permit such heater to be relighted unless such shut-off device is first reset manually.
   (a)   The sizes of gas piping shall be such as to give an adequate volumetric flow of gas to all appliances. The minimum diameter of gas piping shall be three-quarters of an inch (3/4") except that a branch supplying only one appliance may be one-half inch (1/2") diameter.
   (b)   Each gas-fueled space and water heater shall be rigidly connected to the gas piping supplying gas to the apartment.
   (a)   Gas-fueled water heaters shall not be installed in a room occupied for sleeping purposes, in bathrooms, or in any occupied room normally kept closed.
   (b)   It shall be unlawful to install a gas-fueled space heater in a room occupied for sleeping purposes except when the space heater is so designed, installed and operated for it:
      (1)   Obtains combustion air directly from the outside of the building or through a duct leading to the outside.
      (2)   It vents directly to space outside of the building other than an inner court, or is connected through a flue or outlet pipe with an outside chimney which conforms with the requirements of Subchapter 15 of Chapter 1 of Title 27 of the Administrative Code (Building Code).  A flue in an existing brick chimney may be used if it is in good condition and tests show that it will provide adequate draft.
   (a)   Space heaters and water heaters approved by the American Gas Association Laboratories, shall have clearance from combustible materials in accordance with the terms of their approval.
   (b)   Gas-fueled space and water heaters shall be installed also in conformity with any applicable requirements of specification Z21-30 of 1954 of the American Standards Association, except where these rules otherwise provide.
   (c)   Vent connectors and vent and outlet pipes shall be installed so as to provide a minimum clearance of three inches on all sides from combustible material. Vent and outlet pipes shall not pass through a floor. Where a vent or outlet pipe passes through a partition or roof constructed wholly or in part of combustible material, a ventilated metal thimble not less than six inches larger in diameter than the pipe shall be provided. Any material used to fill the space between the vent pipe and the thimble shall be incombustible.
   (a)   Definitions.
      Flue, vent or outlet pipe. A "flue, vent or outlet pipe" is a conduit or passageway, vertical or nearly so, for conveying flue gases to the outer air.
Vent connector. A "vent connector" is a pipe connecting an appliance with the flue, vent, outlet pipe or chimney.
   (b)   Every vent or outlet pipe serving a gas space or water heater shall be provided with a draft hood of a type approved by the American Gas Association, Inc., laboratories of the Underwriters' Laboratories, Inc., as conforming to accepted standards, unless the heater has an approved built-in draft hood, or has been approved by the American Gas Association without a draft hood. The draft hood shall be installed at the flue collar or as near to the appliance as possible and in the position for which it was designed, with reference to horizontal and vertical planes. The relief opening of the draft hood shall not be obstructed. A suitable cap shall be provided at top of vent pipes.
   (c)   Each gas-fueled space or water heater installed in an apartment in lieu of the required centrally supplied heat and hot water supply, respectively, shall be connected to a chimney flue, outlet pipe, or type B vent, complying with the requirements of subdivision (h) of this section, which shall be carried four feet above a flat roof and two feet above the highest part of a peaked roof, except that type B vents need not comply with this provision when equipped with a vent cap approved by the Department of Buildings or previously approved by the Board of Standards and Appeals for the prevention of downdraft. A flue in an existing chimney may be used if a licensed plumber certifies that he has made a smoke test of the flue and found no gas escaping through its walls, and made a test of the draft and found it adequate. However, window or wall type heaters of the sealed combustion chamber type which have been approved by the Department of Buildings or previously approved by the Board of Standards and Appeals may be vented in accordance with the approval of the Board, except as provided in subdivision (d) of this section.
   (d)   No gas-fueled space heater, including a window or wall type recessed heater and no gas-fueled water heater, installed in a dwelling, shall be vented to an inner court unless it is connected to a chimney complying with the requirements of Subchapter 15 of Chapter 1 of Title 27 of the Administrative Code (Building Code). Standard steel steam or water pipes are acceptable in such locations.
   (e)   Gas-fueled water heaters shall be located as close as practicable to a vent or flue. They should be so located as to provide short runs of piping to fixtures.
   (f)   Vent connectors shall consist of galvanized iron of not less than No. 26 U.S. gauge in thickness, cement-asbestos pipe, approved type B vents, enameled steel pipe of a quality acceptable to the superintendent as heat and corrosion resistant, or other materials satisfactory to the superintendent.
   (g)   Vent connectors shall have a cross-sectional area at least equal to the area of the vent outlets of the appliance and shall have a minimum diameter or dimension of three inches.
   (h)   Outlet pipes and vents, on the exterior of a building, shall consist of standard water, steam or soil pipes, type B vents approved by the Department of Buildings or previously approved by the Board of Standards and Appeals, or other corrosion resistant materials satisfactory to the superintendent, all so connected as to prevent leakage at joints. Outlet pipes and vents on the exterior of a building shall be adequately supported and braced. Flues inside of buildings shall be constructed as low temperature chimneys. Type B vents may be used inside buildings when installed in accordance with the requirements of §27-887(d) of the Administrative Code (Building Code) and with the conditions of their approval.
   (i)   Only vent connections serving appliances located in one story of a building may be made to any flue. The cross-sectional area of any flue shall be equal to or greater than the total cross-sectional area of all vents connected to it, but in any case the least internal dimension shall be three inches.
   (j)   Vent connections may be made to a flue serving other heat producing appliances, above the connection of the other heat producing appliances, or the smoke pipe or vent connection from the gas appliance and the other heat producing device may enter the flue through a single opening if joined together by a Y fitting located as close as practical to the flue. The angle of intersection between the branch and the stem of the Y shall not exceed forty-five degrees. The area of the common outlet pipe shall not be less than the combined areas of the outlet pipes joined by the Y fitting.
   (k)   The horizontal run of vent pipe connectors shall not exceed three-fourths of the vertical rise of the flue to which the vent is attached, measured from the connection of the appliance to the top of the flue. A vent connector shall be pitched upward from the gas appliance with a slope of not less than one-fourth inch vertically for each foot of horizontal run.
   (l)   No dampers, steel wool or other obstructions shall be placed in any vent pipe or flue.
   (a)   Gas-fueled space heaters installed prior to December 18, 1957, if of a type not approved by the Department of Health and the American Gas Association, shall be replaced by centrally supplied heat or by gas heaters approved by the said authorities on or before November 1, 1958, in any tenement and converted dwelling which contains ten or more apartments, and on or before November 1, 1959, in other tenements and converted dwellings.
   (b)   On or before the applicable dates given in subdivision (a) of this section, gas-fueled space heaters installed prior to December 18, 1957, in tenements and converted dwellings prescribed in said paragraph shall be made to comply with all the requirements of 1 RCNY §§40-33 through 40-39.
   (a)   On or before November 1, 1958, in any tenement and converted dwelling which contains ten or more apartments, and on or before November 1, 1959, in other tenements and converted dwellings, any gas-fueled water heater installed prior to December 18, 1957, if of a type not approved by the Department of Health, shall be replaced by a supply of hot water or by a water heater approved by said department.
   (b)   On or before the applicable dates given in §40-40(a), gas-fueled dwellings described in said paragraph shall be made to comply with all the applicable requirements of 1 RCNY §§40-33 through 40-39, and all gas-fueled water heaters that have water heaters installed prior to December 18, 1957, in tenements and converted dwellings' sleeping rooms shall be removed.
   (c)   Any gas-fueled water heater so designed and arranged that it heats water in pipe coils placed at a distance from the hot water storage tank, installed prior to December 18, 1957, may be maintained in tenements and converted dwellings described in subdivision (a) of this section on and after the applicable dates given in said rule only if it is of a type approved by the Department of Health. However, no gas-fueled water heater shall be maintained in a sleeping room or bathroom.
   (a)   The owner of the tenement or converted dwelling and of the one and two family dwelling in which gas-fueled space and water heaters have been installed by him shall maintain each such appliance in a condition of good repair and in good operating condition.
   (b)   On and after November 1, 1958, in any tenement and converted dwelling which contains ten or more apartments, and on and after November 1, 1959, in any other tenement and converted dwelling, where a tenant provided a space or water heater on October 1, 1957, each such appliance shall be made to comply with all the applicable requirements of these rules and shall be maintained in a condition of good repair and in good operating condition by the tenant.
   (c)   Should a tenant fail to comply with the requirements of subdivision (b) of this section, it shall be the duty of the owner of the tenement or converted dwelling to provide centrally supplied heat and a supply of hot water, or if such apartment is eligible therefor and he so elects, to install and continuously maintain space and water heaters therein which shall comply with the requirements of these rules.
   (d)   On and after November 1, 1958, in any tenement and converted dwelling which contains ten or more apartments, and on and after November 1, 1959, in any other tenement and converted dwelling, where gas-fueled space or water heaters were provided by the tenant, and the ownership of such appliances passes from the tenant or successor tenant, or if any such space or water heaters are removed from gas-fueled space or water heater, or temporarily for the purpose of repairs, then such an apartment, except for the purpose of immediate replacement by another owner will be subject to the duties imposed on an owner by subdivision (c) of this section.
Where a gas-fueled space heater or water heater has heretofore been installed in a dwelling not complying with all the requirements of 1 RCNY §40-21, nothing in these rules shall be construed to relieve the owner of his responsibility to provide for such dwelling centrally supplied heat and supply of hot water.
Where there is a practical difficulty in carrying out the strict letter of the provisions of these rules, the Borough Superintendent may vary such provisions for a specific installation, provided the necessary safety is secured and the variance is not in conflict with Administrative Code.
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