(a)   Application of rules. These rules shall be deemed to apply only to coin-operated dry cleaning establishments pursuant to Article 111, Chapter 2, §§32-15 A and 32-25 D of the Zoning Resolution effective December 15, 1961.  These rules shall not be deemed to modify or repeal Chapter 4 of Title 27 of the Administrative Code of the City of New York or the Rules Governing Dry Cleaning Establishments adopted by the Board of Standards and Appeals under Calendar Number 432.62-SR (§5-02).
   (b)   Definitions.
      Coin operated dry cleaning establishments. "Coin-operated dry cleaning establishments" shall mean dry cleaning establishments in which dry cleaning solvent used in the dry cleaning units shall be non-flammable and non-combustible when tested in a Tagliabue open cup tester as rated by the Fire Commissioner.
      Dealing with ultimate consumer. For the purposes of §32-15 of the Zoning Resolution the term "dealing with ultimate consumer" as contained therein shall refer only to those dry cleaning establishments which perform services on articles conveyed directly by a retail customer to such dry cleaning establishment or collected directly from and delivered to the retail customer by any vehicle or any other means of effecting the same and such dry cleaning establishment directly processes such articles for such customer.
      Dry cleaning. For the purpose of these rules "dry cleaning" includes cleaning textiles, fabrics, garments or other articles by the use of solvents other than water, extraction of the solvents therefrom, and drying the same. 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.  Each unit within itself, must perform a complete deterging, extracting and drying cycle in a single basket when operated by the general public.
      Dry cleaning establishment. The term "Dry Cleaning Establishment" shall mean any room, place and space in which dry cleaning is performed. "Coin-operated dry cleaning machine" shall mean an automatic machine actuated by the insertion of coins, tokens, keys or any other similar device for use by the general public. For the purpose of this definition the term "used by the general public" shall be deemed to refer to the insertion of textiles, fabrics, garments or other articles into a dry cleaning machine or the removal of the same from such unit by a person or persons other than an employee or owner-operator of such establishment or by an employee or owner-operator.
      Flammable liquid solvents. The term "flammable liquid solvents" shall mean such as will emit a flammable vapor at a temperature below 100 degrees Fahrenheit when tested in a Tagliabue open cup tester.
      "Spotting" or "sponging". "Spotting" or "sponging" shall mean the local application of a solvent to remove spots of dirt, grease, paint or stains from wearing apparel, textile, fabrics or articles of any sort.  All other terms used shall be as defined in the Zoning Resolution effective December 15, 1961, Chapter 4 of Title 27 of the Administrative Code, Multiple Dwelling Law, or Labor Law, when not inconsistent with the specific term defined herein.
   (c)   Approvals.
      (1)   (i) It shall be unlawful to use any premises for any coin-operated dry cleaning establishment without filing plans of that portion of the premises to be so used with the Department of Buildings and obtain its approval.
         (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)   No coin-operated dry cleaning unit shall be installed unless such unit is approved by the Board of Standards and Appeals.
      (3)   No dry cleaning solvent shall be used unless such solvent has been tested and rated by the Fire Commissioner.
      (4)   It shall be unlawful in any coin-operated 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.
      (5)   No non-conforming existing dry cleaning establishment shall be enlarged or extended unless such extension or enlargement be made in conformity with the provisions of the Zoning Resolution and may include a coin-operated dry cleaning establishment by complying with these rules.
      (6)   All coin-operated dry cleaning units shall be installed in a diked area all parts of which shall be impervious to the solvent used in such units. The diked section shall consist of a four inch curb above the floor. All solvent spillage into the diked area shall be conducted by gravity flow, or by an automatic pump, where cellar space is not available into a tank which shall be equipped with a leak proof pump and closed piping system, to pump the solvent back to the dry cleaning units. Such tanks shall be constructed of not less than 14 U.S. Gauge Steel, or where the tank capacity is 275 gallons or larger, tanks shall be constructed in accordance with the Oil Burner rules (§16-01) of the Board of Standards and Appeals. The said tank or tanks shall be of sufficient capacity to accept all solvent contained in the largest tank or interconnected group of tanks in the dry cleaning unit or units which it services.
   (d)   Restrictions on area.
      (1)   No coin-operated 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.
      (2)   In calculating the gross floor area pursuant to §5-01(d)(1), the area restriction shall not include the area used by lawful non-dry cleaning operations of a multiple use type of service establishment, nor shall this subdivision apply to any premises where use group 16 is permitted by the Zoning Resolution.
   (e)   Egress. The means of egress from all coin-operated dry cleaning establishments shall be in conformity with the provisions of the Building Code and all laws, rules and regulations applicable. In addition thereto, all establishments shall conform to the following:
      (1)   Aisles not less than 3 feet in width providing access from the main work area to required means of egress shall be provided. Such required aisles shall not be obstructed in any manner.
      (2)   In all coin-operated dry cleaning establishments all required exit doors shall be arranged to swing in the direction of egress.
   (f)   Fire prevention. All coin-operated dry cleaning establishments shall comply with the following:
      (1)   Unless otherwise specifically exempted by Law, no boiler shall be permitted in the same area or space where dry cleaning units are located unless such boiler shall be enclosed in a one-hour fireproof enclosure.
      (2)   All ceilings of all such boiler rooms as provided in §5-01(f)(1) shall be fire-retarded with one-hour fire resistive material.
      (3)   All openings from any such dry cleaning establishment on the course of a fire escape shall be equipped with a fireproof self-closing door or fireproof window assembly.
      (4)   It shall be unlawful to use or store any flammable liquids or solvents.
      (5)   Flammable liquids and solvents shall not be used for spotting and sponging. Spotting and sponging may be done with water, which may contain soap and non-combustible detergents.
      (6)   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.
      (7)   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.
      (8)   In any coin-operated dry cleaning establishment, no member of the general public shall be permitted to make use of any device employing live steam or heat for pressing or finishing.
      (9)   Any pressing or finishing, spotting or sponging may be performed only by a qualified operator and these operators shall be located within an enclosed space separated from the customer area. The general public shall not be permitted to do any pressing or finishing.
      (10)   All coin-operated 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 and size of these fire extinguishers and shall make periodic inspections to insure that the fire extinguishers are in proper working order, and that proper housekeeping conditions are maintained on the premises and that the solvent used shall be of the type for which the unit was approved by the Board.
   (g)   Ventilation.
      (1)   In coin-operated establishments all dry cleaning units shall be installed in such a manner so that the working or maintenance portion of the equipment shall be separated from the front of such units by solid partitions. Access doors to the space in back of the machines shall be kept closed and locked. Such establishments shall be ventilated in such a manner to preclude solvent vapors from being admitted to the combustion area of any device requiring an open flame or heating element. Solvent storage tanks, power boxes and other source of danger shall be so situated as to be inaccessible to the general public.
         (i)   Any open flame drying equipment shall be located at least 25'-0" from any dry cleaning unit unless placed in an enclosed area, or
            (A)   a vapor tight partition which may contain glass, equipped with self-closing doors, is provided between the dry cleaning unit and the dryer. 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'-0" or
            (B)   a solid incombustible vapor tight partition is constructed extending from the top of the dryers to the ceiling above and all other portions of the dryer enclosure are solid and equipped with a self-closing access door so that vapors from the cleaning units cannot reach the dryer flame, provided that adequate fresh air for combustion and drying is supplied to the dryers from the outer air; in which event the separation between dryers and dry cleaners may be reduced to a minimum of 15'-0".
         (ii)   Suspended oil or gas fired heating units, approved by the Board may be installed provided that they are located at least 7'-0" above the floor and at least 5'-0", measured horizontally, from any dry cleaning equipment.
      (2)   Coin-operated dry-cleaning establishments shall be equipped with adequate ventilation to provide at least four (4) completed changes of air volume an hour. The minimum ventilation specified here shall be maintained at all times when the coin-operated dry cleaning establishment is open. This ventilation system, which includes the scavenger ducts required under §5-01(g)(7), shall be arranged to draw air from the public area into the service area and exhaust it from the service area to the outer air.
      (3)   All dry cleaning units must be provided with facilities to cause an inward flow of 100 cubic feet of air per minute through the loading door of any such units when the same is open.
      (4)   Emergency ventilation of the service area back of coin-operated dry cleaning units shall be provided so that in emergencies a minimum of one air change per minute of the enclosed service area will be provided. Where this ventilation is for use in emergencies only and is not operated at other times, the requirements of §5-01(g)(8) relating to the terminus of direct equipment exhausts shall not apply.
      (5)   All coin-operated dry cleaning establishments shall have sufficient ventilation so as to prevent an excessive concentration of solvent vapors in the dry cleaning establishment. An excessive concentration of solvent vapors shall be that which exceeds 100 parts of solvent vapors per one million parts of air during any working day.
      (6)   In meeting all ventilation requirements provided for in these rules, the following shall apply: A power exhaust system shall be provided for the removal of toxic vapors consisting of: at least one individual exhaust on each dry cleaning unit; scavenger ducts located on each dry cleaning unit; scavenger ducts located at each unit; power exhaust fans for the space behind such unit; and air intakes located at the front of each such unit. Such intake openings shall be located not more than five feet above the floor, and shall have a minimum free area of 50 sq. in. for each machine. All exhaust facilities shall be sealed and air tight and constructed in such manner so that all solvent vapors shall be discharged mechanically to the open air in the manner specified in §5-01(g)(8)(i) through (iv) hereof. All exhaust facilities, other than the emergency ventilation required by §5-01(g)(4), shall be operated continually while the premises are open to the public. Provisions must be made by air intakes to replace air exhausted from the establishments to the outside.
      (7)   A scavenger duct shall be provided in the service area at each unit and shall be designed to pick up vapors surrounding the equipment near the floor. The suction inlet for these scavenger ducts shall be located not less than two or more than six inches above the floor and shall exhaust 100 cubic feet of air per minute. The scavenger duct shall not be less than 3" in diameter.
      (8)   The equipment exhausts, or vents shall terminate at the outer air in the following manner:
         (i)   At least 7 feet above the roof, street, yard or court grade on which it opens of the premises in which said establishment shall be located, and
         (ii)   The exhaust shall be under positive pressure by reason of a mechanical 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 mesh lint arrestors which shall be kept clean. When lint traps are provided on the units, mesh lint arrestors may be omitted from the exhaust equipment.
         (v)   Fresh air supply shall be provided as makeup to balance exhaust ventilation.
   (h)   Operating precautions.
      (1)   A copy of these rules shall be kept in all coin-operated dry cleaning establishments and shall be available to the general public.
      (2)   Coin-operated dry cleaning establishments shall post complete legible printed operating instructions near the machines. These instructions shall include a warning to the effect that garments or materials which retain an odor of the cleaning solvent are dangerous if placed in a small enclosed space such as an automobile.
      (3)   The owner-operator of any coin-operated dry cleaning establishment shall furnish to any person cleaning out a dry cleaning unit a respirator for his use during the process of cleaning out any such unit.
      (4)   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.
      (5)   A trained attendant shall be present at all times when the coin-operated dry cleaning establishment is open. The training of this attendant shall include knowledge of the safe operation of the machine installed and in the handling of emergency situations. The telephone number of the owner-operator shall be posted conspicuously for emergencies.
      (6)   No member of the general public who is less than sixteen years of age shall be permitted to insert into or remove from any dry cleaning unit any textile, fabric, garment or other article. An indoor sign to such effect shall be posted conspicuously in all coin-operated dry cleaning establishments.
      (7)   All dry cleaning machines used in a coin-operated dry cleaning establishment shall be fitted with an interlocking device which will prevent the opening of the door of any such machine:
         (i)   while such machine is in operation; and
         (ii)   until solvent vapors have been removed from any textile, fabric, garment or other article and from the tumbler in which the same shall be placed.
      (8)   The odor of any solvent used in a coin-operated dry cleaning unit in a dry cleaning establishment shall not be masked or altered in any fashion.
      (9)   All coin-operated dry cleaning units shall have the dry load capacity of the unit as rated by the Board, based on the factor of 2.8 times the cubic feet capacity of the basket, displayed on the face of the unit.
      (10)   A weighing device shall be located on premises to assure that the rated dry load capacity of coin-operated dry cleaning machines shall not be exceeded.
   (i)   Penalties. Any violation of these rules shall subject the violator to the penalties prescribed in the Zoning Resolution effective December 15, 1961.  It shall be unlawful to exceed the posted dry load capacity of any coin-operated dry cleaning unit.
   (j)   Separability. If any term or provision of these rules shall be held unconstitutional or ineffective in whole or in part, such determination shall not be deemed to invalidate the remaining terms or provisions of these rules.
   (a)   Definitions.
      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.
In connection with Article II, § 4, Subsection 53, Subdivision (a) of the Zoning Resolution, the dry load capacity of a dry cleaning unit shall be figured on the basis of 2.8 lbs. per cu. ft.
   (a)   Application of rules. These rules shall be deemed to apply only to those excepted dry cleaning establishments existing or hereafter established, pursuant to Article II, §§ 4(a), Subd. 53, 4-A, 4-B and 4-C of the Zoning Resolution.  These rules shall not be deemed to modify or repeal Chapter 4 of Title 27 of the Administrative Code of the City of New York.
   (b)   Definitions. For the purpose of these rules, the following definitions shall apply.
      Dry cleaning establishment. The term "dry cleaning establishment" shall mean any room, place or space in which dry cleaning is performed, as defined in the Zoning Resolution.
         (i)   Dry cleaning establishments to which these rules shall apply shall be divided into two classes: Class A and Class B.
         (ii)   Class A dry cleaning establishments shall mean dry cleaning establishments in which the dry cleaning solvent used in the dry cleaning unit shall be non-flammable and non-combustible when tested in a Tagliabue open cup tester and as rated by the Fire Commissioner.
         (iii)   Class B dry cleaning establishments shall mean dry cleaning establishments in which the dry cleaning solvent used in the dry cleaning unit shall have a flashpoint of not lower than 138.2 F. when tested in a Tagliabue open cup tester and as rated by the Fire Commissioner.
         (iv)   For other purposes a dry cleaning establishment shall be as defined in Chapter 4 of Title 27 of the Administrative Code.
      Existing. The term "existing" shall mean those dry cleaning establishments established prior to January 1, 1953.
      Flammable liquid solvents. The term "flammable liquid solvents" shall mean such as will emit 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 January 1, 1953.
      "Retail", "retail purposes" and "retail business". For the purposes of §§4-A and 4-C of the Zoning Resolution the terms "retail", "retail purposes" and "retail business" shall refer only to those dry cleaning establishments which perform services on articles conveyed directly by a retail customer to such dry cleaning establishment or collected directly from and delivered to the retail customer by any vehicle or any other means of effecting the same and such dry cleaning establishment directly processes such articles for such customer.
      "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 wear-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.
   (c)   Approvals.
      (1)   It shall be unlawful to use any premises for any hereafter established dry cleaning establishments without filing plans of that portion of the premises to be so used with the Department of Buildings and obtain its approval. Any prior approval shall be in compliance with this rule.
      (2)   The requirements of §5-04(c)(1) shall not apply to existing dry cleaning establishments.
      (3)   No dry cleaning unit shall be installed unless such unit is approved by the Board of Standards and Appeals.
      (4)   The use of any existing commercial premises, as defined in Article 4, Administrative Code, for any dry cleaning establishment shall not be deemed to be a Change of Occupancy within the meaning of § C26-185.0 of the Administrative Code.
      (5)   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 for each washing cycle.
      (6)   No dry cleaning solvent shall be used unless such solvent has been tested and rated by the Fire Commissioner.
      (7)   It shall be unlawful in any dry cleaning unit approved by the Board to use any solvent having a flashpoint other than that for which the dry cleaning unit has been approved by the Board.
      (8)   No non-conforming existing dry cleaning establishment shall be enlarged or extended unless such extension or enlargement be made in a conforming manner.
   (d)   Restrictions on locations and areas.
      (1)   No hereafter established dry cleaning establishment shall have a gross floor area exceeding the aggregate of 2,000 square feet to be used for dry cleaning, pressing and incidental operations as well as space used for storage, service of customers and the convenience of employees. 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, but such area may include, in conjunction with the dry cleaning establishment, unless otherwise prohibited by law, ordinary storage, boilers, washing equipment, compressors, pumps and filtration equipment.  In calculating the gross floor area pursuant to this paragraph (1), the area restriction shall not include the area used by lawful non-dry cleaning operations of a multiple use type of service establishment where, in addition to dry cleaning, there may be a launderette, shirt laundering, shoe repairing, and fur storage.
      (2)   No Class B dry cleaning establishment hereafter established shall be permitted within any building, except that this paragraph (2) shall not apply to those establishments created prior to the effective date of these rules:
         (i)   which is of wood frame construction;
         (ii)   which is classified as a public building pursuant to § C26-235.0 of the Administrative Building Code;
         (iii)   any part of which establishment is within 20 feet of any public building, as defined in § C26-235.0 of the Administrative Code.
   (e)   Egress. The means of egress in all dry cleaning establishments shall be in conformity with the applicable provisions of the building laws and regulations governing such establishments. In addition thereto, all establishments shall conform to the following:
      (1)   A three foot (3 feet 0 inches) wide aisle providing access from the main work area to the required means of egress shall be provided. Such required aisle shall not be obstructed by any fixed obstruction in any manner whatsoever.
      (2)   In all hereafter established dry cleaning establishments all required exit doorways shall be arranged to swing outwardly in the direction of the egress.
   (f)   Fire prevention – Class B establishments. All hereafter established Class B dry cleaning establishments shall comply with the following, except that subdivision (f) shall not apply to those establishments created prior to the effective date of these rules:
      (1)   (i) No power or heating boiler shall be permitted in the same area or space where dry cleaning units are located, whether on the cleaning floor or floors or cellar or basement level unless either
            (A)   the boiler or boilers shall be enclosed in a 3-hour unpierced masonry enclosure and entered only from the outer air; or
            (B)   the boiler or boilers shall be enclosed in a 3-hour masonry enclosure with a one-hour fireproof self-closing door which opens into a ventilated vestibule similarly enclosed and entered by a one-hour fireproof self-closing door opening onto the interior of the premises or establishment.
         (ii)   The ceiling of all such boiler rooms as required in §5-04(f)(1)(i) and the adjoining entrance vestibule referred to in §5-04(f)(1)(i)(B) above shall be fire-retarded with one-hour fire resistive material.
      (2)   Non-fireproof enclosing partitions and ceilings within six feet of any dry cleaning unit shall be fire-retarded with one-hour fire resistive materials and doors and with two approved automatic wet pipe sprinkler heads located over the cleaning unit which may have its source of supply from the house water system.
      (3)   All openings from any such dry cleaning establishment leading to a fire escape shall be equipped with a one-hour fireproof self-closing door or fireproof window assembly.
      (4)   Except as provided in §5-04(f)(1)(i), there shall not be employed in any such dry cleaning establishments any device or apparatus employing flame or fire 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 (4) or §5-04(f)(1)(i) shall prohibit the installation of any gas, oil or electric heating device of a type approved by the Fire Commissioner under such conditions as he shall prescribe.
   (g)   Fire prevention – Class A establishments. All hereafter established Class A dry cleaning establishments shall comply with the following, except that this subdivision (g) shall not apply to those establishments created prior to the effective date of these rules:
      (1)   Unless otherwise specifically exempted by law, no power or heating boiler shall be permitted in the same area or space where dry cleaning units are located unless such boiler or boilers shall be enclosed in a one-hour fireproof partition and entered by a one-hour fireproof self-closing door whether from the interior of the premises or establishments or to the outer air.
      (2)   All ceilings of all such boiler rooms as provided in §5-04(g)(1) shall be fire-retarded with one-hour fire resistive material.
      (3)   All openings from any such dry cleaning establishment leading to a fire escape shall be equipped with a fireproof self-closing door or fireproof window assembly.
   (h)   Fire prevention – all dry cleaning establishments. All existing or hereafter established dry cleaning establishments whether Class A or Class B shall comply with the following: (1) The provisions of §27-4265 of the Administrative Code.
      (2)   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.
      (3)   All flammable liquids and solvents used for spotting and sponging shall be contained in approved individual metal containers not exceeding two-quart capacity each.
      (4)   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.
      (5)   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 in accordance with the rules of the Board of Standards and Appeals relating to the receiving and storing of fuel oils and pumped directly into a dry cleaning unit or units by means of a closed leakproof pipe and pump system.
   (i)   Ventilation.
      (1)   All hereafter established dry cleaning establishments whether Class A or Class B 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.
      (2)   All Class A dry cleaning establishments shall have sufficient ventilation so as to prevent an excessive concentration of solvent vapors in the dry cleaning establishment. An excessive concentration of solvent vapors shall be that which exceeds the average of 200 parts of solvent vapors per one million parts of air during any working day.
      (3)   The direct equipment exhausts or vents of all dry cleaning establishments whether Class A or Class B 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 of the premises in which said establishment shall be located, and
         (ii)   The exhaust shall be under static pressure by reason of a mechanical fan, and
         (iii)   The terminal of the exhaust shall be at least five feet from any window or ventilating opening if said ventilating window or ventilating opening lies on the same plane as the exhaust terminal and when the ventilating windows, or other ventilating openings lie on a plane which faces in the direction of the exhaust terminal such terminal shall be at least 10 feet away from the same, and
         (iv)   All direct equipment exhausts or vents shall be provided with mesh lint arrestors which shall be kept clean unless lint traps are provided on the units, and
         (v)   The requirements of §5-04(i)(3)(i) and (iii) shall not apply to those establishments created prior to the effective date of these rules.
   (j)   Operating precautions.
      (1)   A printed notice embodying these rules shall be posted in a conspicuous place in all dry cleaning establishments.
      (2)   The proprietor of any Class A establishment shall furnish to any person cleaning out a dry cleaning unit an approved type respirator for his use during the process of cleaning out any such unit.
      (3)   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.
   (k)   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.
   (l)   Severability. 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.
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