new chimney too close to windows?

[ulle trautvag]

My very dark RS apartment's windows are bracketed by two commercial chimneys. The relatively new fish market which cooks a lot, wants to erect a third chimney which would be very close to my living room windows. One of my living room windows is exit to fire escape. What are the legal requirements of distance from my windows. I cannot see where this chimney could possibly be situated.

[TenantNet]

Generally the chimney (we're talking a metal flue, correct?) must end 3 feet above the roof or parapet of a building. On it's way to the roof, it can't block any window or fire escape.

And the minimum distance from the top of the chimney to what's called an "open receptor" depends on a number of factors and can get complicated. There is actually a formula for this in the NYC Building Code. Windows are open receptors.

One factor is the type of fuel used. However ... if I remember correctly ... that's in reference to a chimney used for a building's furnace, not as a restaurant flue. I don't know if those requirements are the same or not. In any case, to get an accurate answer, you would need to dig into the Building Code, or consult with an architect or engineer, or (if you're lucky) get a DOB inspector that actually knows and cares.

If the top of the chimney falls short of the minimum distance, then the solution is to extend the chimney top higher.

Also, I think there are additional requirements from the NYC Dept. of Environmental Protection - Air Quality.