Section 27-889. Adjoining gas vents

(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 above the top of a previously constructed gas vent within  fifty
  feet,  the  owner  of  the  new  or  altered  building  shall  have  the
  responsibility of altering such gas vents that have their outlets within
  fifty feet measured horizontally, of  any  part  of  the  newly  erected
  building.  Such  alterations shall be at the expense of the owner of the
  new or altered  building  and  shall  be  accomplished  by  one  of  the
  following means or a combination thereof:
    (1)   Carry  up  such  previously  constructed  vents  from  gas-fired
  equipment to the height required in section 27-888 of this article.
    (2) Offset such gas vents to a distance of more than fifty  feet  from
  the  new  or  altered  building,  provided  that the new location of the
  outlet of the offset gas vent shall comply with the requirements of this
  subchapter.
    (b) Protection of draft.  After  the  alteration  of  a  gas  vent  as
  described   in  subdivision  (a)  of  this  section,  it  shall  be  the
  responsibility of the owner of the new or altered  building  to  provide
  any  mechanical  devices  or  equipment 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 and request written consent  to
  do  such work. Such notice shall be accompanied by a written description
  or a plan showing how the proposed alterations are to be made.
    (d) Approval. The  method  of  correction  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 or altered building to  do  the  alteration  work
  required by paragraph one of subdivision (a) 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 operation of his or her  equipment  and  for  any
  health  hazard  or  nuisance  that  may  occur  as a result of the newly
  erected or  modified  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)  Procedures. 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 gas vents from his or her
  building or carry up such vents within his or her building.
    (4) Provide for the maintenance, repair, and/or  replacement  of  such
  alterations.
    (5)  Make  such  alterations  of the same material as the original gas
  vent except where the owner of the vent 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.