§ 4-05 Dry Cleaning Establishments Pursuant to the Zoning Resolution.
RCNY § 4-05
(a)Application of rules. These rules shall be deemed to apply only to those excepted dry cleaning establishments existing or hereafter established, pursuant to Article II, §§ 4(a), Subd. 53, 4-A, 4-B and 4-C of the Zoning Resolution. These rules shall not be deemed to modify or repeal Chapter 4 of Title 27 of the Administrative Code of the City of New York.
(b)Definitions. For the purpose of these rules, the following definitions shall apply. Dry cleaning establishment. The term "dry cleaning establishment" shall mean any room, place or space in which dry cleaning is performed, as defined in the Zoning Resolution.
(i)Dry cleaning establishments to which these rules shall apply shall be divided into two classes: Class A and Class B.
(ii)Class A dry cleaning establishments shall mean dry cleaning establishments in which the dry cleaning solvent used in the dry cleaning unit shall be non-flammable and non-combustible when tested in a Tagliabue open cup tester and as rated by the Fire Commissioner.
(iii)Class B dry cleaning establishments shall mean dry cleaning establishments in which the dry cleaning solvent used in the dry cleaning unit shall have a flashpoint of not lower than 138.2 F. when tested in a Tagliabue open cup tester and as rated by the Fire Commissioner.
(iv)For other purposes a dry cleaning establishment shall be as defined in Chapter 4 of Title 27 of the Administrative Code. Existing. The term "existing" shall mean those dry cleaning establishments established prior to January 1, 1953. Flammable liquid solvents. The term "flammable liquid solvents" shall mean such as will emit a flammable vapor at a temperature below 100 degrees Fahrenheit when tested in a Tagliabue open cup tester. Hereafter established. The term "hereafter established" shall mean those dry cleaning establishments established after January 1, 1953. "Retail", "retail purposes" and "retail business". For the purposes of §§ 4-A and 4-C of the Zoning Resolution the terms "retail", "retail purposes" and "retail business" shall refer only to those dry cleaning establishments which perform services on articles conveyed directly by a retail customer to such dry cleaning establishment or collected directly from and delivered to the retail customer by any vehicle or any other means of effecting the same and such dry cleaning establishment directly processes such articles for such customer. "Spotting" or "Sponging". The term "spotting" or "sponging" shall mean the local application of a "flammable liquid solvent" to remove spots of dirt, grease, paint or stains from wear-apparel, textiles, fabrics or articles of any other sort. All other terms used shall be as defined in the Zoning Resolution, Administrative Code, Multiple Dwelling Law, or Labor Law, when not inconsistent with the specific terms defined herein.
(c)Approvals.
(1)It shall be unlawful to use any premises for any hereafter established dry cleaning establishments without filing plans of that portion of the premises to be so used with the Department of Buildings and obtain its approval. Any prior approval shall be in compliance with this rule.
(2)The requirements of 2 RCNY § 4-05(c)(1) shall not apply to existing dry cleaning establishments.
(3)No dry cleaning unit shall be installed unless such unit is approved by the Board of Standards and Appeals.
(4)The use of any existing commercial premises, as defined in Article 4, Administrative Code, for any dry cleaning establishment shall not be deemed to be a Change of Occupancy within the meaning of § C26-185.0 of the Administrative Code.
(5)The dry load capacity of all dry cleaning units shall be rated by the Board of Standards and Appeals on the basis of 2.8 pounds per cubic foot of the volume of the washing compartment for each washing cycle.
(6)No dry cleaning solvent shall be used unless such solvent has been tested and rated by the Fire Commissioner.
(7)It shall be unlawful in any dry cleaning unit approved by the Board to use any solvent having a flashpoint other than that for which the dry cleaning unit has been approved by the Board.
(8)No non-conforming existing dry cleaning establishment shall be enlarged or extended unless such extension or enlargement be made in a conforming manner.
(d)Restrictions on locations and areas.
(e)Egress. The means of egress in all dry cleaning establishments shall be in conformity with the applicable provisions of the building laws and regulations governing such establishments. In addition thereto, all establishments shall conform to the following: (1) A three foot (3 feet 0 inches) wide aisle providing access from the main work area to the required means of egress shall be provided. Such required aisle shall not be obstructed by any fixed obstruction in any manner whatsoever.
(f)Fire prevention – Class B establishments. All hereafter established Class B dry cleaning establishments shall comply with the following, except that subdivision (f) shall not apply to those establishments created prior to the effective date of these rules: (1) (i) No power or heating boiler shall be permitted in the same area or space where dry cleaning units are located, whether on the cleaning floor or floors or cellar or basement level unless either (A) the boiler or boilers shall be enclosed in a 3-hour unpierced masonry enclosure and entered only from the outer air; or (B) the boiler or boilers shall be enclosed in a 3-hour masonry enclosure with a one-hour fireproof self-closing door which opens into a ventilated vestibule similarly enclosed and entered by a one-hour fireproof self-closing door opening onto the interior of the premises or establishment.
(g)Fire prevention – Class A establishments. All hereafter established Class A dry cleaning establishments shall comply with the following, except that this subdivision (g) shall not apply to those establishments created prior to the effective date of these rules: (1) Unless otherwise specifically exempted by law, no power or heating boiler shall be permitted in the same area or space where dry cleaning units are located unless such boiler or boilers shall be enclosed in a one-hour fireproof partition and entered by a one-hour fireproof self-closing door whether from the interior of the premises or establishments or to the outer air.
(h)Fire prevention – all dry cleaning establishments. All existing or hereafter established dry cleaning establishments whether Class A or Class B shall comply with the following: (1) The provisions of § of the Administrative Code.
(j)Operating precautions.
(k)Penalties. Any violation of these rules shall be subject to the penalties prescribed in the Zoning Resolution therefor, in addition to other penalties prescribed by law.
(l)Severability. If any term, part or provision of any of the aforesaid rules shall be held unconstitutional or ineffective in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts or provisions of these rules. (Renumbered City Record 4/4/2019, eff. 5/5/2019)
