N.Y.C. Admin. Code § 28-118.23: § 28-118.23 Extension, alteration or relocation of chimneys and vents.

No certificate of occupancy shall be issued until all chimneys and vents required to be extended, altered or relocated by section 2113 of the New York city building code, section 801 of the New York city mechanical code or section 501 of the New York city fuel gas code have been so modified.

Exceptions:

1. A certificate of occupancy may be issued to the new or altered taller building where access is granted and conditions are observed that result in a determination that chimney or vent alteration is not required and a revised chimney or vent plan is submitted pursuant to section 107.18 of the New York city building code.

2. A certificate of occupancy may be issued to the new or altered taller building where one or more of the chimneys or vents requiring alteration has not been altered or proven to comply with the applicable requirements of the New York city fuel gas code or New York city mechanical code as required when the following conditions have been met:

2.1. The owners of the affected buildings have provided their refusal of consent in writing, or the owner of the affected buildings failed to grant consent after the owner of the new or altered taller building has made all the required notifications to the affected building owners; and

2.2. The owner of the new or taller building demonstrates to the department in the form of a written statement from a registered design professional that there is no hazard to the occupancy in whole or in part of the new or altered building from the continued operation of the chimneys or vents in question.

(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)