Section 27-860. Adjoining chimneys

(a) Responsibility of owner of taller
  building. Whenever a building is  erected,  enlarged,  or  increased  in
  height  so  that any portion of such building, except chimneys or vents,
  extends higher than the  top  of  any  previously  constructed  chimneys
  within one hundred feet, the owner of such new or altered building shall
  have  the  responsibility of altering such chimneys to make them conform
  with the requirements of section 27-859 of this article. A chimney  that
  is no longer connected with a fireplace or combustion or other equipment
  for which a chimney was required, shall be exempt from this requirement.
  Such  alterations shall be accomplished by one of the following means or
  a combination thereof:
    (1) Carry  up  the  previously  constructed  chimneys  to  the  height
  required in section 27-859 of this article.
    (2) Offset such chimneys to a distance beyond that required in section
  27-859  of  this article from the new or altered building, provided that
  the new location of the outlet of the  offset  chimney  shall  otherwise
  comply with the requirements of this subchapter.
    (b) Protection of draft. After the alteration of a chimney as required
  by  subdivision  (a)  of this section, it shall be the responsibility of
  the owner of the new or  altered  building  to  provide  any  mechanical
  equipment  or  devices  necessary  to  maintain  the proper draft in the
  equipment.
    (c) Written notification. The owner of the  new  or  altered  building
  shall  notify  the  owner  of  the building affected in writing at least
  forty-five days before starting the work required  and  request  written
  consent  to  do  such  work.  Such  notice shall be accompanied by plans
  indicating the manner in which the proposed alterations are to be made.
    (d) Approval. The plans and method of alteration shall be  subject  to
  the approval of the commissioner.
    (e)  Refusal of consent. If consent is not granted by the owner of the
  previously constructed building to do the alteration  work  required  by
  subdivisions (a) and (b) of this section such owner shall signify his or
  her  refusal  in writing to the owner of the new or altered building and
  to the commissioner; and the owner of the new or  altered  building  has
  submitted  plans that conform to the requirements of this section, he or
  she shall thereupon be released from any responsibility for  the  proper
  operation  of  the  equipment  due  to  loss of draft and for any health
  hazard or nuisance that may occur as a result  of  the  new  or  altered
  building.  Such  responsibilities  shall then be assumed by the owner of
  the previously constructed building. Likewise, should such owner neglect
  to grant consent within forty-five days from the date of written request
  or fail to signify his or her refusal, he or she shall then  assume  all
  responsibilities as prescribed above.
    (f)  Procedure.  It shall be the obligation of the owner of the new or
  altered building to:
    (1) Schedule this work so as to create a minimum of disturbance to the
  occupants of the affected building.
    (2) Provide such essential services as are normally  supplied  by  the
  equipment while it is out of service.
    (3) Where necessary, support such extended chimneys and equipment from
  this building or to carry up such chimneys within his or her building.
    (4)  Provide  for  the maintenance, repair, and/or replacement of such
  extensions and added equipment.
    (5) Make such alterations of the same material as the original chimney
  so as to maintain the same quality  and  appearance,  except  where  the
  owner  of  the  chimney  affected  shall  give  his or her consent to do
  otherwise. All work shall be done in such fashion  as  to  maintain  the
  architectural esthetics of the existing building.

    (g)  Existing  violations.  Any  existing violations on the previously
  constructed equipment shall be corrected by the owner of  the  equipment
  before  any equipment is added or alterations made at the expense of the
  owner of the new or altered building.
    (h)  The  commissioner  may  grant  a  variance in accordance with the
  provisions of section 27-107 of article one of subchapter  one  of  this
  chapter.