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

What is NYC AC § 27-758?

Quick Answer

This section outlines the ventilation requirements for kitchens in dwelling units and other spaces, detailing specifications for natural and mechanical ventilation based on floor area. The Department of Buildings enforces these regulations. Applies to building owners operating kitchens in residential and commercial properties.

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 →

§ 27-758 Kitchens.

AC § 27-758

Kitchens shall be ventilated as follows: (a) Kitchens located within dwelling units and having a floor area of greater than fifty-nine square feet shall have natural ventilation as prescribed in article six of this subchapter. When the floor area is fifty-nine square feet or less, the kitchen shall be ventilated by either of the following: (1) Natural means complying with article six of this subchapter and further that the windows shall have a minimum width of twelve inches, a minimum area of thee square feet or ten per cent of the floor area of the space whichever is greater and so constructed that at least one-half of their required area may be opened. When the space is located at the top story the window or windows may be replaced with a skylight whose minimum width shall be twelve inches, whose minimum area shall be four square feet or one-eighth the floor area of the space whichever is greater and shall have ventilating openings of at least one-half of the required area of the skylight.

(2)Mechanical means exhausting at least two cfm of air per square foot of floor area. Where doors are used to separate the space the lower portion of each door shall have a metal grille containing at least forty-eight square inches of clean openings or in lieu of such grille two clear open spaces may be provided, each of at least twenty-four square inches, one between the bottom of each door and the floor and the other between the top of each door and the head jamb.

(b)Kitchens, except those located within dwelling units, and side spaces, where cooking of any kind is done, shall be ventilated by either of the following; provided that in no instance may there be any violation of the nuisance provisions of the health code.

(1)Natural means complying with article six of this subchapter and supplemented with auxiliary mechanical supply and exhaust ventilation adequate to remove the fumes and smoke from the cooking equipment when operating.

(c)Kitchens, snack bars, or pantries, where the operation consists of heating or warming previously prepared food that was cooked elsewhere, or preparation of food in vending machines may be ventilated by either of the following: (1) Natural ventilation complying with article six of this subchapter.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 27-758?

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