Installation of Gas-Fueled Heaters
RCNY tit. 1, ch. 40, subch. D
in effect1 RCNY § 40-32 Prohibited Types of Water Heaters. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-33 Number and Capacity of Gas-Fueled Heaters.
§ 40-33 Number and Capacity of Gas-Fueled Heaters.
(a) Where gas-fueled heaters are permitted to be installed in lieu of the required centrally supplied heat, each "living room," as such term is defined in subdivision 18 of § 4 of the Multiple Dwelling Law, shall be heated by a heater placed in such room or in an adjoining room which connects with it except that a room whose exterior walls are exposed only on a fully enclosed inner court may be heated by a heater located one room removed from such room. For this purpose, an inner court shall be considered fully enclosed even though some of the enclosure walls are located on an adjoining lot. The aggregate input capacity of the heater or heaters installed in any apartment shall not be less than the number of living room times ten thousand (10,000) British thermal units per hour.
(b) Notwithstanding the provisions of subdivision (a) of this section, there shall be installed and continuously maintained by the owner in each apartment gas-fueled heaters in such numbers and at such locations as shall be sufficient to heat such apartment to the minimum temperature which would be required to be maintained therein by the owner under the provisions of the Health Code of the city relating to the heating of buildings, if such owner were required to furnish centrally supplied heat in such apartment.
(c) The requirements of subdivision (a) and (b) of this section are not applicable when an apartment in a multiple dwelling is heated by gas-fueled space heater or heaters which were installed by a tenant prior to December 18, 1957, and in a one or two family dwelling prior to October 1, 1964 and owned by such tenant or successor tenant.
1 RCNY § 40-34 Capacity of Water Heaters. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-35 Shut-Off Devices. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-36 Gas Piping. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-37 Appliances in Sleeping Rooms.
§ 40-37 Appliances in Sleeping Rooms.
(a) Gas-fueled water heaters shall not be installed in a room occupied for sleeping purposes, in bathrooms, or in any occupied room normally kept closed.
(b) It shall be unlawful to install a gas-fueled space heater in a room occupied for sleeping purposes except when the space heater is so designed, installed and operated for it:
(1) Obtains combustion air directly from the outside of the building or through a duct leading to the outside.
(2) It vents directly to space outside of the building other than an inner court, or is connected through a flue or outlet pipe with an outside chimney which conforms with the requirements of Subchapter 15 of Chapter 1 of Title 27 of the Administrative Code (Building Code). A flue in an existing brick chimney may be used if it is in good condition and tests show that it will provide adequate draft.
1 RCNY § 40-38 Clearances from Combustible Materials. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-39 Venting of Gas Appliances. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-40 Gas-Fueled Space Heaters Installed Prior to December 18, 1957. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-41 Gas-Fueled Water Heaters Installed Prior to December 18, 1957. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-42 Maintenance of Space and Water Heaters. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-43 Existing Appliances in Ineligible Locations. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
1 RCNY § 40-45 Variations. [Repealed] (Repealed City Record 11/7/2022, eff. 12/7/2022)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-135110Fetched: 10/24/2026