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Hi there, I live in a pre-war co-op with about 60 units. I did a kitchen renovation this fall with all the proper procedures. We did a last minute change to replace the under-the-cabinet microwave with a range hood, which vent through the window (we lowered the top kitchen window and put a plexiglass covering the gap. the vent goes through the plexiglass so there is no damage to the wall or window). We didn't put it in the plan submitted to the management since it is a last minute change and I never gave it a second thought since there are multiple units (probably around 10) in my co-op (different building but same layout) community have the same thing.
We got a notice, however, recently from the management company stating it is a violation of the building code/co-op policy that no ventilation should be done within 10 feet of any windows. They state they will contact the co-op attorney if I fail to remove the vent.
My kitchen window is between my second bedroom and bathroom so it is not bothering any neighbors, who have no problem with my installation. And given there are multiple units that have the same installation it really catches me by surprise. I am wondering if in your guys' opinions the management company has a legitimate case against me or they are just enforcing their policy selectively (I don't believe other units have received such notices)? Thanks in advance for any advice.
Hi Ned, thanks for the advice. The management company is quoting NYC building code rather than specific co-op policy so I don't think any of these units are grandfathered in.
Do you think I can claim the vent is in de facto compliance as multiple vents have existed for some time?
It's entirely likely that the NYC building code itself has changed over time in this regard, and when that happens, the usual approach is to grandfather in existing structures, rather than requiring everyone to build new buildings.
I'd suggest that you find out what the actual code is (sounds like your management can help you with that), instead of trying to infer the current code based on structures/modifications of unknown age. Having done that, you'll then be in a position to assess your compliance or non-compliance (I think you'll find that de facto compliance isn't really a thing).
Based on NYC building code, I believe you are in compliance:
NYC building code states the following: (the 10 feet they refer to is in regards to lot lines and the exhaust from a bathroom or kitchen in a residential dwelling shall not be considered to be a hazardous or noxious contaminant so if I am reading the code correctly, the feet requirement is N/A - it just can't be a nuisance:
401.4 Opening location. Outdoor air exhaust and intake openings shall be located a minimum of 10 feet (3048 mm) from lot lines or buildings on the same lot. Where openings front on a street or public way, the distance shall be measured to the centerline of the street or public way.
Ventilation is allowed through windows:
402.1 Natural ventilation. Natural ventilation of an occupied space shall be through windows, doors, louvers or other openings to the outdoors. The operating mechanism for such openings shall be provided with ready access so that the openings are readily controllable by the building occupants.
Suggest you call them to confirm: General Information: (518) 474-4073 from 8:00 a.m. to 4:00 p.m. Monday through Friday
Yes, I do. Especially if you confirm with the Building Dept. (as per my response below) that it is allowed. Armed with this informantion plus pictures of other units that have the same or similar configuration, I think you would have a good case for them to "reconsider" their request for you to remove it.
hi brenttoyou - as a board president, i understand their situation, but don't approve of what they are doing. you should have gotten approval. and that's what they are hanging their hats on. however, given that the same situation exists and is in accordance with NY DOB policy, you shouldn't have a problem. i suggest you get your contractor to put something in writing to you stating that what they did is ok with the DOB. have them give you the proper section of the code. send that to your board first
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If you can in fact prove, with photo's, the "multiple units" both inside and outside of the unit, having the same configuration that you put in place, then I would write the board explaining that "since X many units, as detailed in the attached photo's have the same configuration in place, I simply assumed that it was a acceptable and common practice that did not require further board approval. Please advise regarding the following units" and then list those units that have it in place. Having proof that other units do in fact have the same configuration as you installed is strong rationale for letting you keep the configuration as is.
When asking those units if you can take photo's, I would also ask them, when, to their knowledge, was the vent put in place. It could be that the other units were configured that way some time ago and for example, prior to the policy coming into effect. If that's the case, that these other units are "grandfathered", then you will have to remove the configuration as you are in violation in accordance with your policy. If on the other hand the other units installed the configuration with the policy in place, then precedence has been set; they can't ask you to remove the venting configuration without asking the other units that have the same to also remove.
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