NYC BUILDING CODE: CHAPTER 3 MAINTENANCE OF BUILDINGS

FDNY: CHAPTER 6 BUILDING SERVICE & SYSTEMS

NYC ​BUILDING CODE: CHAPTER 21 MASONRY CHIMNEY'S
​NYC MECHANICAL CODE:​ CHAPTER 8 CHIMNEY'S & VENTS

​NYC FUEL GAS CODE: CHAPTER 5 CHIMNEYS AND VENTS
​NYC LOCAL LAW: NO 38
NYC DEP: AIR POLLUTION CONTROL​


NYC BUILDING CODE: CHAPTER 3 MAINTENANCE OF BUILDINGS

28-301.1 Owner’s responsibilities: all buildings and all parts thereof and all other structures shall be maintained in a safe condition. All service equipment, means of egress, materials, devices, and safeguards that are required in a building by the provisions of this code, the 1968 building code or other applicable laws or rules, or that were required by law when the building was erected, al- tered, or repaired, shall be maintained in good working condition. Whenever persons engaged in building operations have reason to believe in the course of such operations that any building or other structure is dangerous or unsafe, such person shall forthwith report such belief in writing to the department. The owner shall be responsible at all times to maintain the building and its facilities and all other structures regulated by this code in a safe and code-compliant manner and shall comply with the inspection and maintenance requirements of this chapter.

28-302.2 Inspection requirements: a critical examination of a building’s exterior walls and appurtenances thereof shall be conducted at periodic intervals as set forth by rule of the commissioner, but such examination shall be conducted at least once every five years. No later than January 1, 2009 the commissioner shall by rule establish staggered inspection cycles for buildings required to comply with this section. The initial examination for a new building shall be conducted in the fifth year following the erection or installation of any exterior wall and/or appurtenances as evidenced by the issuance date of a temporary or final certificate of occupancy or as otherwise prescribed by rule.

1. Such examination shall be conducted on behalf of the building owner by or under the direct su- pervision of a registered design professional with appropriate qualifications as prescribed by the department.

2. Such examination shall include a complete review of the most recently prepared report and an inspection.

3. Such examination shall be conducted in accordance with rules promulgated by the commission- er.

28-302.3 Immediate notice of unsafe condition. Whenever a registered design professional learns of an unsafe condition through a critical examination of a building’s exterior walls and appurtenances thereof, such person shall notify the owner and the department immediately in writing of such condition.​​​


FDNY FIRE CODE: CHAPTER 6 BUILDING SERVICE & SYSTEMS

603.6 Chimney installation. Chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the incinerators, stoves, furnaces, fireboxes or boilers to which such de- vices are connected, shall be maintained so as not to create a fire hazard.

603.6.1 Masonry chimneys. Masonry chimneys that, upon inspection, are found to have open mortar joints which will permit smoke or gases to be discharged into the building or structure, or which are cracked as to be dangerous, shall be repaired or relined with a listed chimney liner system in- stalled in accordance with the manufacturer’s installation instructions or a flue lining system installed in accordance with the construction codes, including the Building Code and the Mechanical Code, and appropriate for the intended class of chimney service

603.6.2 Metal chimneys. Metal chimneys which are corroded or improperly supported shall be re- paired or replaced.


NATIONAL FIRE PROTECTION AGENCY (NFPA) 211

14.2 Annual Inspection. Chimneys, fireplaces, and vents shall be inspected at least once a year in accordance with the requirements of Section 15.2.

14.2.1 Cleaning, maintenance, and repairs shall be done if necessary.

14.6 Cleaning Methods. Cleaning of chimneys, if necessary, shall be done by methods that do not impair structural or thermal performance.

15.2 Type of Inspection. The scope of the inspection, the areas of the chimney examined, and the degree of invasiveness of the inspection shall be appropriate for the conditions giving rise to the in- spection.

15.2.1 The type of inspection shall be determined in accordance with Table 15.2.1.


NYC BUILDING CODE: CHAPTER 21 MASONRY CHIMNEY'S

2113.9.1 Spark arrestors. Where a spark arrestor is installed on a masonry chimney, the spark ar- restor shall meet all of the following requirements:

1. The net free area of the arrestor shall not be less than four times the net free area of the outlet of the chimney flue it serves.

2. The arrestor screen shall have heat and corrosion resistance equivalent to 19-gage galvanized steel or 24-gage stainless steel.

3. Openings shall not permit the passage of spheres having a diameter greater than1/2 inch (12.7 mm) nor block the passage of spheres having a diameter less than 3/8 inch (9.5 mm).

4. The spark arrestor shall be accessible for cleaning and the screen or chimney cap shall be re- movable to allow for cleaning of the chimney flue.


NYC BUILDING MECHANICAL CODE: CHAPTER 8 CHIMNEY'S & VENTS

801.18.2 Flue passageways. The flue gas passageway shall be free of obstructions and com- bustible deposits and shall be cleaned if previously used for venting a solid or liquid fuel-burning appliance or fireplace. The flue liner, chimney inner wall or vent inner-wall shall be continuous and shall be free of cracks, gaps, perforations or other damage or deterioration which would allow the escape of combustion products, including gases, moisture and creosote. Where an oil-fired appliance is connected to an existing masonry chimney, such chimney flue shall be repaired or relined in accordance with NFPA 31

NATIONAL FIRE PROTECTION AGENCY (NFPA) 31

6.6.1 Masonry and metal chimneys shall be erected in accordance with applicable building code requirements.

6.6.2 Masonry chimneys shall meet the requirements of Chapter 7 of NFPA 211.


6.6.3 Metal chimneys shall meet the requirements of Chapter 8 of NFPA 211.

A.6.6.7 If the chimney or flue gas venting system shows signs of deterioration or is unlined and the oil-burning appliance is maintaining the proper draft as specified by the manufacturer, the appli- ance can be installed while awaiting the inspection and proper maintenance to be accomplished, as required by Chapter 13 of NFPA 211.

NYC BUILDING FUEL GAS CODE: CHAPTER 5 CHIMNEY'S & VENTS

503.5.6.3 Unsafe chimneys.Where inspection reveals that an existing chimney is not safe for the intended application, it shall be repaired, rebuilt, lined, relined, or replaced with a vent or chimney to conform to NFPA 211 and it shall be suitable for the appliances to be vented.

NATIONAL FIRE PROTECTION AGENCY (NFPA) 211

14.9* Damaged or Deteriorated Liners. If the flue liner in a chimney has softened, cracked, or oth- erwise deteriorated so that it no longer has the continued ability to contain the products of combustion (i.e., heat, moisture, creosote, and flue gases), the liner shall be either removed and replaced,

repaired, or relined with a listed liner system or other approved material that will resist corrosion, softening, or cracking from flue gases at temperatures appropriate to the class of chimney service.