N.Y.C. Admin. Code § FGC 501: Section FGC 501: General

501.1 Scope.

This chapter shall govern the installation, alteration, maintenance, design, minimum safety requirements, repair and approval of factory-built chimneys, chimney liners, vents and connectors, field built chimneys and connectors and the utilization of masonry chimneys serving gas-fired appliances. The requirements for the installation, maintenance, repair and approval of factory-built chimneys, chimney liners, vents and connectors serving appliances burning fuels other than fuel gas shall be regulated by the New York City Mechanical Code. The construction, repair, maintenance and approval of masonry chimneys shall be regulated by the New York City Building Code. Venting systems shall be designed in accordance with this chapter and comply with the requirements of the New York City Air Pollution Control Code.

501.1.1 Existing chimneys and vents.

Existing chimneys and vents shall comply with the requirements of Section 28-104.13 of the Administrative Code and Sections 501.1.1.1 through 501.1.1.8 of this code

501.1.1.1 Responsibility of owner of taller building.

Whenever a building is erected, enlarged, or increased in height so that any portion of such building, except chimneys or vents, extends higher than the top of any existing chimneys or vents within 100 feet (30 480 mm), the owner of such new or altered building shall have the responsibility of altering such chimneys or vents to make them conform with the requirements of this chapter. A chimney or vent that is no longer connected with a fireplace or combustion or other equipment for which a chimney or vent was required, shall be exempt from this requirement. Such alterations shall be accomplished by one of the following means or a combination thereof:

1. Carry up the existing chimneys or vents to the height required in this chapter.

2. Offset such chimneys or vents to a distance beyond that required by this chapter from the new or altered building provided that the new location of the outlet of the offset chimney or vent shall otherwise comply with the requirements of this chapter.

Such requirements shall not dispense with or modify any additional requirements that may be applicable pursuant to rules of the New York City Department of Environmental Protection.

501.1.1.1.1 Chimney and vent plan.

Applications for a new or altered building shall include a chimney and vent plan submitted pursuant to Section 107.18 of the New York City Building Code.

501.1.1.2 Protection of draft.

After the alteration of a chimney or vent as required by this section, it shall be the responsibility of the owner of the new or altered building to provide any mechanical equipment or devices necessary to maintain the proper draft in the equipment.

501.1.1.3 Written notification, plans and required documents.

The owner of the new or altered building shall notify the owner of any building that may require a chimney or vent to be altered. Notification, plans and required documents shall comply with the requirements of Sections 501.1.1.3.1 through 501.1.1.3.3.

501.1.1.3.1 First notice.

Written notice in a form acceptable to the department shall be provided to the building owner not less than 60 days prior to a request for permit for construction on the new or altered building. Such notice shall include a request for access to determine the need to alter the existing chimney or vent and a description of such work. Notice shall be sent by regular mail and certified mail, return receipt requested. A copy of such return receipt shall be filed with the department.

501.1.1.3.2 Second notice.

Written notice in a form acceptable to the department shall be provided to the building owner not more than 45 days following commencement of work after a permit has been issued for the new or altered building. Such notice shall include a request for access to determine the need to alter the existing chimney or vent and a description of such work. Notice shall be sent by regular mail and certified mail, return receipt requested. The second notice shall also be posted by a licensed process server at the public entrance of the building requiring a chimney or vent to be altered. A copy of such return receipt and proof of service by the licensed process server shall be filed with the department.

Exceptions:

1. A second notice shall not be required where an application to alter the affected chimney or vent has been filed with the department.

2. A second notice shall not be required 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 and vent plan is submitted to the department.

501.1.1.3.3 Plans and required documentation for alteration work.

Where access is granted and conditions are observed that result in a determination that chimney or vent alteration is required, plans for such alteration work shall be provided to the owner of the existing building and a request for written consent to submit construction documents and perform such work shall be made.

501.1.1.4 Approval.

The construction documents for the proposed chimney extension, alteration or relocation shall be submitted to the department pursuant to Section 28-104 of the Administrative Code. No certificate of occupancy shall be issued for the new building pursuant to Section 28-118.23 of the Administrative Code until the work associated with the construction documents for the proposed chimney extension, alteration or relocation has been signed-off by the department.

Exceptions:

1. A certificate of occupancy may be issued 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 documenting such.

2. A certificate of occupancy may be issued in accordance with Section 28-118.23, Exception 2 of the Administrative Code.

501.1.1.5 Refusal of consent.

If consent is not granted by the owner of the affected building to do the alteration work required by this section, such owner shall signify his or her refusal in writing to the owner of the new or altered building and to the commissioner; and the owner of the new or altered building having provided the notices required by Section 501.1.1.3 shall thereupon be released from any responsibility for the proper operation of the equipment due to loss of draft and for any health hazard or nuisance that may occur as a result of the new or altered building. Such responsibilities shall then be assumed by the owner of the previously constructed building. Similarly, should such owner fail to grant consent within forty-five days from the date of the second notice or fail to signify his or her refusal, he or she shall then assume all responsibilities as prescribed above.

501.1.1.6 Procedure.

It shall be the obligation of the owner of the new or altered building to:

1. Prepare and submit a chimney and vent plan to the department pursuant to Section 107.18 of the New York City Building Code;

2. Provide required notification pursuant to Section 501.1.1.3 of this code;

3. Provide plans pursuant to Section 501.1.1.3.3 of this code;

4. Prepare and submit construction documents to the department pursuant to Section 28-104 of the Administrative Code for the alteration of existing chimneys or vents which conform to the requirements of this chapter;

5. Obtain permit(s) for the proposed work in accordance with Section 28-105 of the Administrative Code;

6. Schedule this work so as to create a minimum of disturbance to the occupants of the affected building;

7. Provide such essential services as are normally supplied by the equipment while it is out of service;

8. Where necessary, support such extended chimneys, vents and equipment from this building or to carry up such chimneys or vents within his or her building;

9. Provide for the maintenance, repair, and/or replacement of such extensions and added equipment;

10. Make such alterations of the same material as the original chimney or vent so as to maintain the same quality and appearance, except where the owner of the chimney or vent shall give his or her consent to do otherwise. All work shall be done in such fashion as to maintain the architectural aesthetics of the existing building. Where there is practical difficulty in complying strictly with the provisions of this item, the commissioner may permit an equally safe alternative;

11. Comply with the tenant protection plan requirements of Section 28-120 of the Administrative Code; and

12. Comply with inspection and sign-off requirements of Section 28-116 of the Administrative Code.

501.1.1.7 Existing violations.

Any existing violations on the previously constructed equipment shall be corrected by the owner of the equipment before any equipment is added or alterations made at the expense of the owner of the new or altered building.

501.1.1.8 Variance.

The commissioner may grant a variance in accordance with the provisions of this code.

501.2 General.

Every appliance shall discharge the products of combustion to the outdoors, except for appliances exempted by Section 501.8.

Exception: Commercial cooking appliances vented by a Type I hood installed in accordance with Section 507 of the New York City Mechanical Code.

501.2.1 Design.

Chimneys and vents shall be designed and constructed so as to provide the necessary draft and capacity for each appliance connected to completely exhaust the products of combustion to the outside air. The temperature on adjacent combustible surfaces shall not be raised above 160°F (71.1°C). Chimneys and vents shall be designed to resist the effects of condensation that would cause deterioration of the chimney or vent.

501.2.2 Outlets.

The outlet shall be arranged so that the flue gases are not directed so that they jeopardize people, overheat combustible structures, or enter building openings in the vicinity of the outlet. Gas-fired appliances shall be vented in accordance with this code and NFPA 54.

501.2.3 Support.

Chimneys and vents shall not be supported by the equipment they serve unless such equipment has been specifically designed for such loads.

501.2.4 Changes in appliance fuels.

Masonry chimneys shall be constructed in accordance with Section 507.

501.2.5 Exhaust gases from internal combustion engines and turbines.

Exhaust pipes shall be constructed in accordance with Section 508.

501.3 Masonry chimneys.

Masonry chimneys shall be constructed in accordance with Section 503.5.3 and the New York City Building Code.

501.4 Minimum size of chimney or vent.

Chimneys and vents shall be sized in accordance with Sections 503 and 504.

501.5 Abandoned inlet openings.

Abandoned inlet openings in chimneys and vents shall be closed by an approved method.

501.6 Positive pressure.

Where an appliance equipped with a mechanical forced draft system creates a positive pressure in the venting system, the venting system shall be designed for positive pressure applications.

501.7 Connection to fireplace.

Connection of appliances to chimney flues serving fireplaces shall be in accordance with Sections 501.7.1 through 501.7.3.

501.7.1 Closure and access.

A noncombustible seal shall be provided below the point of connection to prevent entry of room air into the flue. Means shall be provided for access to the flue for inspection and cleaning.

501.7.2 Connection to factory-built fireplace flue.

An appliance shall not be connected to a flue serving a factory-built fireplace unless the appliance is specifically listed for such installation. The connection shall be made in accordance with the appliance manufacturer's instructions.

501.7.3 Connection to masonry fireplace flue.

A connector shall extend from the appliance to the flue serving a masonry fireplace such that the flue gases are exhausted directly into the flue. The connector shall be accessible or removable for inspection and cleaning of both the connector and the flue. Listed direct connection devices shall be installed in accordance with their listing.

501.8 Appliances not required to be vented.

The following appliances shall not be required to be vented:

1. Ranges.

2. Built-in domestic cooking units listed and marked for optional venting.

3. Hot plates and laundry stoves.

4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of Section 504 of the New York City Mechanical Code).

5. A single booster-type automatic instantaneous water heater, where designed and used solely for the sanitizing rinse requirements of a dishwashing machine, provided that the heater is installed in a commercial kitchen having a mechanical exhaust system. Where installed in this manner, the draft hood, if required, shall be in place and unaltered and the draft hood outlet shall be not less than 36 inches (914.4 mm) vertically and 6 inches (152.4 mm) horizontally from any surface other than the heater.

6. Refrigerators.

7. Counter appliances.

8. Specialized appliances of limited input such as laboratory burners and gas lights.

9. Recirculating direct-fired industrial air heaters as provided for in Section 612.

Where the appliances listed in Items 5 through 9 above are installed so that the aggregate input rating exceeds 20 British thermal units (Btu) per hour per cubic foot (207 watts per m

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) of volume of the room or space in which such appliances are installed, one or more shall be provided with venting systems or other approved means for conveying the vent gases to the outdoor atmosphere so that the aggregate input rating of the remaining unvented appliances does not exceed 20 Btu per hour per cubic foot (207 watts per m

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). Where the room or space in which the appliance is installed is directly connected to another room or space by a doorway, archway, or other opening of comparable size that cannot be closed, the volume of such adjacent room or space shall be permitted to be included in the calculations.

501.9 Chimney entrance.

Connectors shall connect to a masonry chimney flue at a point not less than 12 inches (304.8 mm) or one chimney diameter above the lowest portion of the interior of the chimney flue.

501.10 Connections to exhauster.

Appliance connections to a chimney or vent equipped with a power exhauster shall be made on the inlet side of the exhauster. Joints and vent systems on the positive pressure side of the exhauster shall be sealed to prevent flue-gas leakage as specified by the manufacturer's instructions for the exhauster or in accordance with this code.

501.11 Masonry chimneys.

Masonry chimneys utilized to vent appliances shall be located, constructed and sized as specified in the manufacturer's instructions for the appliances being vented and Section 503.

501.12 Residential and low-heat appliances flue lining systems.

Flue lining systems for use with residential-type and low-heat appliances shall be limited to the following:

1. Clay flue lining complying with the requirements of ASTM C 315 or equivalent. Clay flue lining shall be installed in accordance with the New York City Building Code.

2. Listed chimney lining systems complying with UL 1777 (new and existing chimneys) or ULC-S635 (existing chimneys) or ULC-S640 (new chimneys).

3. Other approved materials that will resist, without cracking, softening or corrosion, flue gases and condensate at temperatures up to 1,800°F (982.2°C).

501.13 Category I appliance flue lining systems.

Flue lining systems for use with Category I appliances shall be limited to the following:

1. Flue lining systems complying with Section 501.12.

2. Chimney lining systems listed and labeled for use with gas appliances with draft hoods and other Category I gas appliances listed and labeled for use with Type B vents.

501.14 Category II, III and IV appliance venting systems.

The design, sizing and installation of vents for Category II, III and IV appliances shall be in accordance with the appliance manufacturer's instructions.

501.15 Existing chimneys and vents.

Where an appliance is permanently disconnected from an existing chimney or vent, or where an appliance is connected to an existing chimney or vent during the process of a new installation, the chimney or vent shall comply with Sections 501.15.1 through 501.15.4.

501.15.1 Size.

The chimney or vent shall be resized as necessary to control flue gas condensation in the interior of the chimney or vent and to provide the appliance or appliances served with the required draft. For Category I appliances, the resizing shall be in accordance with Section 502.

501.15.2 Flue passageways.

The flue gas passageway shall be free of obstructions and combustible 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 that would allow the escape of combustion products, including gases, moisture and creosote.

501.15.3 Cleanout.

Masonry chimney flues shall be provided with a cleanout opening having a minimum height of 6 inches (152.4 mm). The upper edge of the opening shall be located not less than 6 inches (152.4 mm) below the lowest chimney inlet opening. The cleanout shall be provided with a tight-fitting, noncombustible cover of a minimum size of 8 inches by 8 inches (203.2 mm by 203.2 mm).

501.15.4 Clearances.

Chimneys and vents shall have air-space clearance to combustibles in accordance with the New York City Building Code and the chimney or vent manufacturer's instructions.

Exception: Masonry chimneys without the required air-space clearances shall be permitted to be used if lined or relined with a chimney lining system listed for use in chimneys with reduced clearances in accordance with UL 1777 or ULc-S635. The chimney clearance shall be not less than permitted by the terms of the chimney liner listing and the manufacturer's instructions.

501.15.4.1 Fireblocking.

Noncombustible fireblocking shall be provided in accordance with the New York City Building Code.

501.15.5 Testing.

Testing of existing chimneys shall be in accordance with Section 1705.32 of the New York City Building Code.

501.16 Drains.

A drain shall be provided for all chimneys and gas vents to remove rain water and condensation. The drain shall be not less than 1 inch (25.4 mm) in diameter and shall be equipped with an appropriately-sized p-trap with automatic trap seal primer in accordance with Section 1002 of the New York City Plumbing Code or a float drain trap installed in accordance with the manufacturer's requirements. The drain shall be sized by the design engineer and shall be suitable for the chimney area. For listed chimneys and gas vents, the connection tap into the chimney shall be determined by the manufacturer and connected to the drain piping in accordance with the listing and instructions. On all outdoor chimneys and gas vents, the connection and drain shall be installed indoors as close as practicable to the chimney base to prevent freezing.

501.17 Outdoor chimneys and vents.

Outdoor portions of chimneys or vents shall be provided with integral R-8 insulation or be provided with an R-8 insulation enclosure, where exposed to the outdoors for more than 5 feet (1524 mm).

501.17.1 Type B vents.

Type B vents shall not be considered exposed to the outdoors in the following conditions:

1. A type B vent of a listed chimney system passing through an unused masonry chimney provided with a sealed cap that prevents airflow within the confines of the masonry chimney; or

2. A type B vent passing through an unventilated enclosure or chase insulated to R-8.