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N Cal Attorney
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Good Morning, Please help regarding Local Law 11 Legal questions: 1.

This answer was rated:

Good Morning,

Please help regarding Local Law 11 Legal questions:

1. According to my co-op's mgt company, Local Law 11 states that "a/c brackets" are required. Does it? I did not find that wording. Are buildings with 6 floors exempt? I live on the 2nd Fl back of building facing railroad tracks.

Background: When the new windows were installed a few years ago approx. 10 yrs, I purchased and the co-op had the window contractor install the mandated a/c window kit to be in compliance under the direction of and engineer. The kit is like the bottom window without glass attached to the frame. The AC is attached via drill to a hard solid brown double core surface that required special tools to cut through. It does not open unless the whole kit is removed. I received a "Final Notice" of a inspection on done 6/27/13 and was warned to be in compliance by 7/10/13 (buy an a/c bracket & installed by an 'approved' contractor). I was not present for this inspection nor was I notified that of it.

Please advise.

The rules depend on the size of the air conditioner. How many BTUs per hour is it rated as?

Customer: replied 3 years ago.


my apologies for falling asleep.


 


Bedroom is 7,000 btus


 


Living Room is 8,000 btus (to be replaced with a 12,000 btus)

http://www.nyc.gov/html/dob/html/homeowners_and_tenants/window_ac_installation.shtml
states:
A work permit or equipment use permit is generally not required to install a common window AC unit, unless the unit exceeds three tons/36,000 BTU/hr.

But it also states:
Follow the manufacturer’s instructions.

Make sure the unit is installed securely. Support the unit from underneath, or firmly fasten it from inside with angles. You may use metal brackets, mounting rails, etc.

Local Law 11 is posted at
http://www.nyc.gov/html/dob/downloads/pdf/locallaw_11-1998.pdf and it states:
(d) Necessary repairs.-(1) Unsafe condition. a. Upon the filing of the architect's or engineer's report of an unsafe condition with the commissioner, the owner, his or her agent or the person in charge shall immediately commence such repairs or
reinforcements and shall undertake such measures as may be required to secure public safety and to make the building's exterior walls or appurtenances thereof conform to the provisions of this code.
b. All unsafe conditions shall be corrected within thirty days of the filing of the critical examination report.
c. The architect or engineer shall inspect the premises and file an amended report setting forth the condition of the building within two weeks after repairs to correct the unsafe condition have been completed.

My opinion is that you have to get brackets installed if the inspector or the building management said they are required.

I am sorry this is probably not the answer you had hoped for, but it would be a disservice to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.
N Cal Attorney and other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
No its not what I wanted to hear and maybe I am missing something because proper notice was not given to me the owner, bldg doesn't meet required floors, no one met me to inspect/verify and my a/c was secured. I will follow-up with them. Thank you much for clarifying. Be well.
You may want to find a structural engineer who is willing to state in writing that the unit is properly installed without having to add brackets.

I missed part of your question but the pdf link I posted clearly states:
"To amend the administrative code of the City of New York, in relation to inspection of the exterior walls of buildings greater than six stories in height."

You asked: Are buildings with 6 floors exempt?
My answer is yes, based on the clear language of the ordinance, Local Law 11 does not apply to building of six stories or fewer.

The condo itself may have its own rules regarding air conditioner brackets that apply even though Local Law 11 does not apply, and you might consider politely asking the management in writing what gives it the right to dictate how air conditioners are to be supported.
Thank you for the Excellent rating!
Thank you very much for the bonus!

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