[D26-17.01] 27-2028 Central heat or electric or
gas heating system; when required.
Except as otherwise
provided in this article. every multiple dwelling and every tenant-occupied
one- or two-family dwelling shall he provided with heat from a central heating
system constructed in accordance with the provisions of the building code and
the regulations of the department. A system of gas or electric heating provided
for each dwelling unit may, if approved by the department, be utilized in lieu
of a central heating system if:
(1) The system
is lawfully in use on July 14, 1967; or
(2) The system
is approved by the appropriate city agencies having jurisdiction and is installed
in a structure or building erected, converted, substantially rehabilitated,
or completely vacated, after July 14, 1967.
[D26-17.03] 27-2029 Minimum temperature to be maintained.
During the period from October 1 through May 31, centrally supplied heat, in
any dwelling in which such heat is required to be provided, shall be furnished
so as to maintain in every portion of such dwelling used or occupied for living
the hours of six a.m. and ten p.m. a temperature of at least 68 degrees Fahrenheit
whenever the outside temperature falls below 55 degrees; and
the hours of ten p.m. and six a.m. a temperature of at least 55 degrees Fahrenheit
whenever the outside temperature falls below 40 degrees.
b. During the period
from October first through May thirty-first, all central heating systems required
under this article shall be maintained free of any device which shall cause
or which is capable of causing an otherwise operable central heating system
to become incapable of providing the minimum requirements of heat or hot water
as required by this article for any period of time. This subdivision shall not
apply to any safety device required by law, or by a rule or regulation of any
city agency, to be used in conjunction with a central heating system.
[D26-17.05] 27-2030 Self-inspection of central
The owner of a
private dwelling or a multiple dwelling containing six or less units, occupied
in whole or in part by a tenant or tenants, in which there was a breakdown or
other failure in central heating system, under the control of the owner, shall
cause the furnace, boiler or other central heating system to be inspected by
a qualified person in the period between January first and September thirtieth
subsequent to the breakdown. The owner of a multiple dwelling containing more
than six units shall cause the furnace, boiler or other central heating system
to be inspected by a qualified person between January first and September thirtieth
of each year. The department shall, by regulation, provide criteria as to the
qualification of and certify such persons. In addition to testing the efficiency
and adequacy of the heating system, the central heating system or water heating
appliance and its flues, vents and dampers shall be inspected for escape of
carbon monoxide gas. The findings on inspection shall be recorded on forms approved
by the department within fifteen days following the inspection and shall be
delivered to the owner, who shall file a copy with the department within seven
days of the receipt of such findings. Before October fifteenth all defects as
found upon the inspection shall be corrected. The failure to file a copy of
the report shall be a class C violation for the purpose of subdivision (d) of
section 27-2115 of article two of subchapter five of this code. Even after such
violation is placed the owner may file such report and the department shall
enter a notation in its records of the date on which such report was accepted
by the department. After the date of acceptance by the department the per diem
penalty shall be stayed. The department shall maintain the violation on its
records, with a notation of the date on which such report was accepted by the
department until the May 31st following the year in which the report was to
be filed. Notwithstanding any other provision of this code, the department may
serve a notice of violation for failure to file a copy of the report in the
same manner as a class A or class B violation and shall not be required to serve
such notice by registered or certified mail. The provisions of this section
shall not apply to dwellings owned or operated by the New York City housing
[D26-17.07] 27-2031 Supply of hot water; when required.
Except as otherwise
provided in this article, every bath, shower, washbasin and sink in any dwelling
unit in a multiple dwelling or tenant-occupied one-family or two-family dwelling
shall be supplied at all times between the hours of six a.m. and midnight with
hot water at a constant minimum temperature of 120 degrees Fahrenheit from a
central source of supply constructed in accordance with the provisions of the
building code and the regulations of the department. Gas or electric water heaters
may, if approved by the department, be utilized in lieu of a central source
of supply of hot water if such heaters
(1) are lawfully
in use on July 14, 1967; or
(2) are approved
by the appropriate city agencies having jurisdiction and are installed in
a structure or building erected, converted, substantially rehabilitated, or
completely vacated after July 14, 1967.
[D26-17.09] 27-2032 Gas-fueled or electric heaters.
a. Gas-fueled or
electric space or water heaters, where permitted by this article as an alternative
to a central supply of heat or hot water, shall be governed by the provisions
of this section.
b. The capacity,
number and location of such heaters shall be such as to furnish the same standard
of heat or hot water supply, as the case may be, as is required to be furnished
from a central heat or hot water system.
c. Electric heaters
shall be approved by Underwriters Laboratories, Inc. and shall comply with applicable
provisions of the building code and the multiple dwelling law.
heaters shall comply with article 9 of this subchapter and with applicable provisions
of the building code and the multiple dwelling law, but any such heater lawfully
in existence on July fourteenth, nineteen hundred and sixty-seven which does
not comply with subdivision b of section 27-2034 of article nine of this subchapter
shall comply with such section by July fourteenth, nineteen hundred seventy-eight.
No person shall cause or permit to be occupied for sleeping purposes any room
containing such a non-complying heater. Any heater installed in replacement
of any such non-complying heater shall comply with all provisions of article
nine of this subchapter.
e. The owner shall
not, unless otherwise agreed between owner and tenant, be required to pay for
the gas or electricity used by such heaters.
any provision of prior law, it shall be the duty of the owner to keep each such
heater in good repair and good operating condition. Regardless of the identity
of the person originally owning or installing the heater.
g. The owner shall
instruct each successive tenant of an apartment in which such heaters are installed
as to safe and proper method of using and operating such heaters.
h. The department
may make and enforce regulations supplementary to the provisions of this section
and article 9 of this subchapter to secure an adequate supply of heat and hot
water and to protect the health and safety of tenants.
[D26-17.10] 27-2033 Access to boiler room.
a. The owner
of every multiple dwelling shall have the area, where the building's heating
system is located, readily accessible to members of the department to make inspection
pursuant to this chapter. In the event such area is kept under lock, a key shall
be kept on the premises at all times with such person as the owner shall designate;
however, if there is a person residing on the premises who performs janitorial
services, such person shall hold the key. The owner shall post a notice in a
form approved by the department naming such designated person and his or her
b. Multiple dwelling
owned and operated by the New York City housing authority shall be exempt from
the requirements of this section.