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What is NYC MC § 801.1.1.1?

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This section outlines the responsibilities of building owners when constructing taller buildings that exceed the height of existing chimneys or vents within 100 feet. Owners must alter these structures to comply with regulations, which may include raising or offsetting the chimneys or vents. Applies to owners of buildings undergoing height modifications.

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

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801.1.1.1 Responsibility of owner of taller building.

MC § 801.1.1.1

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 in 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.

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