The goal of the New York City Air Pollution Control Code (Air Code) is to preserve, protect and improve the air resources of the City. The City’s policy is that every person be entitled to air that is not harmful to life, health and enjoyment of his or her property.
The Air Code establishes policies and standards and sets forth regulations for enforcing air pollution control in New York City. These regulations are described in Title 24, Chapter 1 of the New York City Administrative Code and Title 15, Chapters 10, 13, 14, 15, 25, and 26 of the Rules of the City of New York (RCNY), linked below under Additional Information.
Businesses are not allowed to conduct the following activities unless permitted and / or registered with the New York City Department of Environmental Protection (DEP):
- Spraying of any insulating material in or upon any buildings or other structures during their construction, alteration or repair;
- Demolition of any buildings or other structures;
- Installation, alteration, use or operation of any fuel burning equipment with a maximum input rating equal to or greater than 350 Thousand BTU/Hour (regardless of the number of units);
- Installation and / or operation of Industrial Process Equipment, including, but not limited to, dry cleaning equipment, gas stations, spray booths.
Businesses in the construction industry and commercial, cultural, and manufacturing establishments that might cause smoke, soot, fly ash, dust, fumes, gas, vapors, and odors or any products of combustion or incomplete combustion resulting from the use of fuel burning equipment or industrial process equipment should become familiar with the Air Code. Business owners should examine the links below and determine whether their businesses should comply with the described regulations.