§ 2-21 Installation of Heating, Ventilation, Air Conditioning and other Mechanical Equipment.
RCNY § 2-21
(a)Introduction. These rules set forth criteria for LPC Staff approval of heating, ventilation and air conditioning ("HVAC") or other mechanical equipment in buildings which are designated landmarks or are within designated historic districts or scenic landmarks. These rules are based on the following principles: (1) The distinguishing historical qualities or character of a building or its site should be protected. The removal or alteration of any significant architectural feature should be avoided.
(2)The visual integrity of the building's exterior walls should be maintained.
(3)In general, HVAC and other mechanical equipment are part of a building's infrastructure that must be installed in compliance with various building and energy codes, and health and safety standards. These codes and standards change over time due to technological advances, and as a result of the changing needs of occupants.
(4)HVAC and other mechanical equipment play a critical role in the sustainability and resiliency of historic buildings. Applicants are encouraged to install appropriate HVAC and mechanical equipment that meet or exceed the requirements of the New York City Energy Conservation Code, even if the equipment is exempt from such standards.
(5)Applicants are strongly encouraged to develop building master plans for the installation of HVAC equipment, which will facilitate expeditious review and approval of applications.
(b)Definitions. Decorative masonry. The term "decorative masonry" means terra cotta, cast-stone or natural stone (such as limestone, marble, brownstone or granite) and brick facade areas and/or any ornamental feature which is a component of the facade such as belt courses, banding, water tables, cornices, corbelled brick work, medallions, enframements, and surrounds, and ornamental bonding patterns, e.g., tapestry or diaper brick patterns. The term does not include entirely plain units of stone, masonry or brick laid up with simple, non-decorative coursing. HVAC equipment. The term "HVAC equipment" includes through-window, through-wall, rooftop, areaway, and facade and yard mounted heating, ventilation, and air conditioning equipment, including louvers, wall-mounted louvers and stove, restaurant, bathroom and/or dryer vents. Mechanical equipment. The term "mechanical equipment" means equipment other than HVAC equipment, such as solar and wind power equipment, batteries and emergency generators, and including any associated elements such as safety railings and sound attenuation screens, baffles and other structures. Minimally visible. The term "minimally visible" means visibility of any portion of the HVAC or other mechanical equipment which, from its maximum point of visibility, when viewed from any public thoroughfare: (1) Projects into the maximum line of sight from such public thoroughfare no more than twelve (12) inches in height if the equipment is less than sixty (60) feet above the ground, projects no more than eighteen (18) inches if the equipment is between sixty-one (61) and eighty (80) feet above the ground, and projects no more than twenty-four (24) inches if the equipment is between eighty-one (81) and one hundred (100) feet above the ground, and projects no more than thirty-six (36) inches if the equipment is more than one hundred (100) feet above the ground; or (2) Does not call attention to itself or detract from any significant architectural features of the building or other buildings if in a historic district. In determining whether equipment does not call attention to itself or detract the LPC Staff will consider the following factors: (i) The visibility meets the requirements of paragraph (1) above; (ii) The equipment is visible at a significant distance; (iii) The equipment is visible from very limited vantage points, including through alleyways, yards, or similar open portions of sites which are not building sites; (iv) The equipment is visible from an oblique angle; or (v) The equipment is visible in combination with other existing equipment, additions or structures that share a similar level of visibility. Primary facade. The term "primary facade" means: (1) A facade fronting a street or public thoroughfare that is not a street, such as a mews or court; (2) A visible facade that possesses a level of design or significant architectural features that are commensurate with the building's street-fronting facade(s), and where such facade (i) faces but does not front a street, such as a setback facade, or (ii) is part of a dominant massing element where at least one facade is street-fronting or street-facing, such as a tower element; and (3) A facade with a primary entrance to the building. Secondary facade. The term "secondary facade" means a facade that does not front on a street or a public thoroughfare and that does not possess significant architectural features that are commensurate with the street fronting facade. Terms not otherwise defined in these rules have the meanings ascribed to them in the Landmarks Law.
(c)Installations of HVAC Equipment Within Window Openings.
(1)No permit required. No permit is required for installing seasonal and non-permanent HVAC equipment in windows if the following relevant criteria are satisfied: (i) Seasonal window air-conditioning unit installations. (A) The installation requires only raising or lowering the sash of a double-hung window, or opening the sash of a casement, hopper or awning window or transom, and temporarily fixing the sash in place without removing it; (B) The window unit and any filler panel (glazed or solid) will be installed at any location within the window frame, and will not fully rest on an architectural element of the facade outside of the window frame, such as a cornice, parapet or sill; and (C) The support brackets, if required, will fasten to the window frame or the interior side of the wall opening, and/or may brace against the exterior wall without mechanical attachments. (D) If the installation is visible from a public thoroughfare, the window unit does not need to be painted; however, any filler panel (if solid) must have a finish that matches or approximates the color of the window frame.
(ii)New non-permanent louver and vent installations. (A) The installation requires only the raising or lowering of the sash of a double-hung window, or opening the sash of a casement, hopper or awning window or transom, and temporarily fixing the sash in place without removing it; (B) The louver or vent, and any filler panel (glazed or solid), will be installed at any location within the window frame; and (C) If the installation is visible from a public thoroughfare, the louver or vent, and any solid filler panel, will have a finish that matches or approximates the color of the window frame.
(i)Primary facades. Installations of HVAC equipment within window openings on primary facades of Individual Landmarks and building in historic districts and scenic landmarks, where there is no feasible alternative to installing the HVAC equipment on a secondary facade. (A) Rowhouses, detached houses, carriage houses, small apartment buildings, tenements, and hotels. Except for installations on the primary facade that meet the requirements of 63 RCNY § 2-20, for buildings originally constructed as private residences (rowhouses, town houses, detached and semi-detached houses) or carriage houses, as well as small apartment houses and other types of multiple dwellings which are six (6) stories or less in height and with a street frontage of forty (40) feet or less, the small scale and potential for affecting the significant architectural and historic character of the buildings require that proposals for installations on primary facades be reviewed by the full Commission for a Certificate of Appropriateness ("C of A") or report. (B) Large apartment buildings and hotels and commercial and loft buildings. This clause (B) applies to large apartment buildings, hotels and other types of multiple dwellings that have a street frontage of more than forty (40) feet or are seven (7) or more stories in height, and all commercial and loft buildings originally designed to serve commercial, retail or warehouse uses, including cast-iron fronted buildings, department stores, banks and office buildings. LPC Staff will approve permanent installations of HVAC equipment, louvers and vents in window openings if the proposal meets the following relevant criteria: (a) The window is not a special window as defined in 63 RCNY § 2-14; and (b) The installation involves removing only glazing or modifying or removing the window sash and retaining the window frame. At large apartment buildings and hotels, only one of the double-hung sashes or a portion of a casement window assembly may be removed. If the exterior louver is flush-mounted, it will be mounted flush with or behind the plane of the window frame and behind the existing or reinstated brickmold or panning. If the window unit is projecting, it will be mounted within the window frame. In either case, if the exterior louver or window unit fills only a part of the window frame, it can be placed anywhere within the modified or removed sash, and the remainder will be filled with a filler panel (glazed or solid) or partial height window sash to otherwise match the configuration, size permitting, of the overall window; or (c) The installation involves installing the exterior louver or projecting window unit in conjunction with installing a new window at the same time, and the resulting installation complies with both the criteria set forth in this clause (B) and the applicable new window criteria; and (d) The exterior louver and any solid filler panel will be finished to match the window frame; however, a window HVAC unit does not need to be painted; and (e) The installation will not damage or remove a significant architectural feature of the building and, for buildings in historic districts, will not detract from the significant architectural features of adjacent buildings.
(d)Installations of Through-Wall HVAC Equipment.
(iii)Other buildings. For other buildings that do not fall into any of the previously described categories, including specialized building types such as churches and synagogues, hospitals, schools, and libraries, with a street frontage of more than forty (40) feet or are seven (7) or more stories in height, LPC Staff will approve through-wall installations of HVAC equipment if they determine that: (A) There is no feasible alternative to installing the HVAC equipment on the primary facade; (B) The installation will satisfy the criteria set forth in subdivision (d)(1)(ii)(B)(a)(2)-(4) of this section; and (C) The installation will not damage or remove a significant architectural feature of the building, or detract from such features of the building or adjacent buildings if in a historic district. For purposes of this item (b), removal of small areas of plain masonry or non-decorative brick to accommodate the through-wall unit shall not be considered damage or removal of a significant architectural feature.
(e)Wall Mounted Installations of HVAC and Other Mechanical Equipment on Secondary Facades. LPC Staff will approve the installation of wall mounted HVAC and other mechanical equipment on secondary facades if the proposal meets the following relevant criteria: (1) Visibility.
(f)Installation of HVAC Equipment in Storefronts and Storefront Doors. LPC Staff will approve the installation of HVAC equipment in storefronts and storefront doors if: (1) The installation involves removing only glazing, or modifying or removing the transom window sash and retaining the storefront or door frame.
(g)Installation of HVAC and Other Mechanical Equipment on Rooftops or Terraces. With respect to individual landmarks and buildings in historic districts and scenic landmarks, LPC Staff may approve the installation of HVAC and other mechanical equipment on rooftops and terraces if the proposal satisfies the following relevant criteria: (1) Primary facade.
(iv)Related equipment. (A) The electrical conduit must be minimized in length to the greatest extent possible, and located at the least visible side of the roof and wall where possible, or otherwise placed in inconspicuous locations (e.g., adjacent to gutters and leaders, at inset joints of abutting walls, etc.), and must be painted to match the adjacent surfaces finishes if feasible, if the installation is visible from a public thoroughfare; and (B) The inverter box must be located adjacent to the existing electrical meter where possible, or otherwise placed in an inconspicuous location, if the installation is visible from a public thoroughfare.
(h)Installation of HVAC Equipment and Mechanical Equipment in Yards and Areaways of Landmarks and Buildings in Historic Districts and Scenic Landmarks. LPC Staff will approve the installation of HVAC and mechanical equipment in the front, side or rear yard if the proposal meets the following relevant criteria: (1) Primary facades. Installations fronting primary facades of individual landmarks and buildings in historic districts and scenic landmarks: (i) There is no practical or feasible alternative to installing the equipment in front of the primary facade; (ii) The installation of HVAC and other mechanical equipment, at grade or on platforms, will not be visible from a public thoroughfare, or will be minimally visible due to location and/or screening by architectural or hardscape features of the building (e.g., behind an areaway wall or within a below-grade light-well); (iii) Any penetrations for associated conduits or ducts through the facade will be as small as possible in conformance with the manufacturer's recommended dimensions; (iv) If there is any visibility of the installation from a public thoroughfare, the HVAC and other mechanical equipment, and associated platforms, will have a finish that matches the color of the underlying material, or is otherwise neutral so as to not call attention to itself; and (v) The installation will not damage or remove a significant architectural feature of the building and, for buildings in historic districts and scenic landmarks, will not detract from the significant architectural features of adjacent buildings or significant landscape features.
