CHAPTER 2
HOUSING MAINTENANCE CODE

[table of contents]

SUBCHAPTER 2
MAINTENANCE, SERVICES, AND UTILITIES

ARTICLE 8
Heat and Hot Water

[Section] Section
[D26-17.01] 27-2028 Central Heat or Electric or Gas Heating System; When Required
[D26-17.03] 27-2029 Minimum Temperature to be Maintained
[D26-17.05] 27-2030 Self-inspection of Central Heating Plants
[D26-17.07] 27-2031 Supply of Hot Water; When Required
[D26-17.09] 27-2032 Gas-fueled or Electric Heaters
[D26-17.10] 27-2033 Access to Boiler Room


Sec. [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.

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Sec. [D26-17.03] 27-2029 Minimum temperature to be maintained.

a. 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 purposes:

(1) between 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

(2) between 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.

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Sec. [D26-17.05] 27-2030 Self-inspection of central heating plants.

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 authority.

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Sec. [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.

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Sec. [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.

d. Gas-fueled 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.

f. Notwithstanding 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.

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Sec. [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 location.

b. Multiple dwelling owned and operated by the New York City housing authority shall be exempt from the requirements of this section.

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