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ac installation and bldg staff - liability?May 15, 2007


in a big pre-war coop.

1) if the superintendent installs ac's as a "private" job (he is paid in cash by residents) - who is liable if an ac unit falls to the street and does damage?

2) does the 10" bracket law apply to window ac units installed on non-street facing windows (ie rear courtyards?)

thanks!

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Who is liable? - AdC May 15, 2007


(1) The co-op as owner of the property is liable. It's your duty to ascertain that the A/C is appropriately installed so that it does not fall and hit anyone. Therefore, you must ensure that the contractor hired by a shareholder is reputable and has appropriate certificates of liability.

(2) Always go for the highest standard no matter what, even when one does not exist. This is what is called corporate stewardship.

AdC

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> Join the conversation Comments (1)
Correction for (1) - AdC May 15, 2007


(1) The co-op as owner of the property is liable. It's your duty to ascertain that the A/C is appropriately installed so that it does not fall and hit anyone. Therefore, you must ensure that the contractor hired by a shareholder is reputable, KNOWS AND DOES THE INSTALLATION ACCORDING TO THE CODE and has appropriate certificates of liability.


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what about non-street facing windows?? - big al May 15, 2007


BP you out there?

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Non-street facing windows - BP May 16, 2007


I'm out here, Big Al. I'm not sure of the law but I think the same precautions and liabilities should apply for a/c's in non-street facing windows - anyplace people might be below. We have a rear yard where the super keeps big items for bulk pickup and bldg materials so he's often out there. We also have side walkways that movers, contractors, etc. use to enter the rear of the bldg with furniture, heavy equipment, etc. They're outdoor paths that separate us from bldgs next to us and windows with a/c's are on those sides. Anyone on any side of the bldg could be hit if an a/c fell out a window. Even if the law only specifies windows that face the street, good judgment should dictate that proper care be taken on whatever side of the bldg has a/c's or other projection that could injure people below.

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update - building code info - big al May 15, 2007


in attempting to ascertain the truth to this bracket thing - it appears there may actually not be any such law - that, in fact , the code states an AC may not extend more than ten inches from the property line of a building. I am still working on this one so hod on for full facts:

§[C26-407.5] 27-311 Permission revocable. - Any
permission, expressed or implied, permitting the
construction of projections within the area of the street
under the provisions of this subchapter shall be
revocable by the council or the board of estimate,
except footings as permitted under subdivision (a) of
section 27-314 of article nine of this subchapter.
§[C26-407.6] 27-312 Existing projections. - Any part
2) ARCHITECTURAL DETAILS. - Details such as
cornices,.... air conditioning units, and other similar
elements may be constructed to project not more than
four inches beyond the street line when less than ten
feet above the ground or sidewalk level, and not more
than ten inches beyond the street line when more than
ten feet above the ground or sidewalk level.

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> Join the conversation Comments (1)
AC Brackets - Thomas - Agent May 17, 2007


(1) This link provides NYCDOB “Tips” on window AC installations, http://www.nyc.gov/html/dob/downloads/pdf/ac_tips.pdf , NOTE: it states that “a work permit or equipment use permit is generally not required for the installation of a common window A/C unit, unless the unit exceeds three tons/36,000 BTU/hr. See section 27-184 (a) of the Building Code (found online under the Reference Materials link at www.NYC.gov/buildings) for more details.” Further, it includes “make sure the unit is installed securely. Support the A/C unit from underneath or firmly fasten it from inside with angles. Metal brackets, mounting rails, etc. may be used for a safe installation.”
(2) If the building’s height requires Local Law 11/98 Inspections, http://www.nyc.gov/html/dob/downloads/pdf/locallaw_1998_package.pdf , { excerpted: “(3) Report requirements.(i) The professional shall …..a written report….. clearly documenting all conditions not classified as safe …. (ii) The report shall include: …..(G) all conditions including …., and the deleterious effect of exterior appurtenances, including ….. window air conditioners, flower boxes, etc. The report shall classify each such condition as safe, unsafe or safe…..”}.
(3) In my experience, most, not all, LL 11/98 filing engineers consider window a/c brackets to be an integral part of considering the unit safe; without a properly secured bracket, they do not. LL 11/98 covers all facades, street AND none street elevations. Where prudence mattered, client-boards adopted a house rule (and alteration agreement addendum), in accordance with the NYCDOB Tips, above. (T1)

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HELPPPPPP!!!!!! - b Nov 17, 2008


can anyone out there please help me???

i have been in my co-op for 2 years now and have experienced nothing but heartache.
i have been complaining about mold for 2 years now around my air conditioner and have not gotten anyone to come look at until last week. when someone did come take a look at courtesy of the board,not only did they not fix the mold but they said it was because of my airconditioner sleeve. they took out my air conditioner changed the sleeve and left my air conditioner sitting on the floor. they refused to put it back in. they said the board told them not to put it back in. THEY NEVER TOLD ME THIS UPON THEM COMING IN AT ALL. HE TOLD ME HE WOULD PUT IT BACK IMMEDIATELY. they have also complained that i am using a 220 volt amp to run my air conditioner which was allready established before i moved in and one that they have seen during 3 inspections they have done. They are abusing thier power in order for their electrician and air conditioner people to get paid.
CAN SOMEONE HELP ME!!!!

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