Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC MC § 607.5.2?

Quick Answer

This section outlines the requirements for fire barriers, specifically detailing the installation of fire dampers and smoke dampers in ducts and air transfer openings that penetrate fire barriers. The statute specifies exceptions under which fire dampers are not required. Applies to building owners managing HVAC systems and fire safety compliance.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

607.5.2 Fire barriers.

MC § 607.5.2

Ducts and air transfer openings that penetrate fire barriers shall be protected with listed fire dampers installed in accordance with their listing. Ducts and air transfer openings shall not penetrate enclosures for interior exit stairways and ramps and exit passageways except as permitted by Sections 1023.5 and 1024.6, respectively, of the New York City Building Code. In addition, smoke dampers shall be installed in penetrations of public corridor and horizontal exit walls in accordance with Section 607.5.2.1. Exceptions: Fire dampers are not required at penetrations of fire barriers where any of the following apply: 1. Penetrations are tested in accordance with ASTM E 119 or UL 263 as part of the fire-resistance-rated assembly.

2.Ducts are used as part of an engineered smoke control system in accordance with Section 513 of this Code and Section 909 of the New York City Building Code and where the fire damper would interfere with the operation of the smoke control system.

3.Such walls are penetrated by ducted HVAC systems, have a required fire-resistance rating of 1 hour or less, are in areas other than Group H and are in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 of the New York City Building Code. For the purposes of this exception, a ducted HVAC system shall be a duct system for the structure's HVAC system. Such a duct system shall be constructed of sheet metal not less than 26 gage (0.0217 inch) (0.55 mm) thickness and shall be continuous from the air-handling appliance or equipment to the air outlet and inlet terminals.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 607.5.2?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters