2006 New York Code - Adjoining Gas Vents.

 
    §  27-889  Adjoining  gas vents. (a) 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 above the top of a previously constructed gas vent within  fifty
  feet,  the  owner  of  the  new  or  altered  building  shall  have  the
  responsibility of altering such gas vents that have their outlets within
  fifty feet measured horizontally, of  any  part  of  the  newly  erected
  building.  Such  alterations shall be at the expense of the owner of the
  new or altered  building  and  shall  be  accomplished  by  one  of  the
  following means or a combination thereof:
    (1)   Carry  up  such  previously  constructed  vents  from  gas-fired
  equipment to the height required in section 27-888 of this article.
    (2) Offset such gas vents to a distance of more than fifty  feet  from
  the  new  or  altered  building,  provided  that the new location of the
  outlet of the offset gas vent shall comply with the requirements of this
  subchapter.
    (b) Protection of draft.  After  the  alteration  of  a  gas  vent  as
  described   in  subdivision  (a)  of  this  section,  it  shall  be  the
  responsibility of the owner of the new or altered  building  to  provide
  any  mechanical  devices  or  equipment necessary to maintain the proper
  draft in the equipment.
    (c) Written notification. The owner of the  new  or  altered  building
  shall  notify  the  owner  of  the building affected in writing at least
  forty-five days before starting the work and request written consent  to
  do  such work. Such notice shall be accompanied by a written description
  or a plan showing how the proposed alterations are to be made.
    (d) Approval. The  method  of  correction  shall  be  subject  to  the
  approval  of the commissioner. (e) Refusal of consent. If consent is not
  granted by the owner of the previously constructed or  altered  building
  to  do  the alteration work required by paragraph one of subdivision (a)
  of 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 has submitted plans that
  conform to the requirements of this section, he or she  shall  thereupon
  be  released  from  any  responsibility  for the operation of his or her
  equipment and for any health hazard or nuisance  that  may  occur  as  a
  result  of the newly erected or modified building. Such responsibilities
  shall then be  assumed  by  the  owner  of  the  previously  constructed
  building.  Likewise,  should  such owner neglect to grant consent within
  forty-five days from the date of written request or fail to signify  his
  or  her  refusal,  he  or  she shall then assume all responsibilities as
  prescribed above.
    (f) Procedures. It shall be the obligation of the owner of the new  or
  altered building to:
    (1) Schedule this work so as to create a minimum of disturbance to the
  occupants of the affected building.
    (2)  Provide  such  essential services as are normally supplied by the
  equipment while it is out of service.
    (3) Where necessary, support such extended gas vents from his  or  her
  building or carry up such vents within his or her building.
    (4)  Provide  for  the maintenance, repair, and/or replacement of such
  alterations.
    (5) Make such alterations of the same material  as  the  original  gas
  vent  except  where the owner of the vent affected shall give his or her
  consent to do otherwise. All work shall be done in such  fashion  as  to
  maintain the architectural esthetics of the existing building.
    (g)  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.
    (h)  The  commissioner  may  grant  a  variance in accordance with the
  provisions of section 27-107 of article one of subchapter  one  of  this
  chapter.