Turner Towers Tenant Corp. Alteration Package ALTERATION... · TTTC's "Contractor's Letter" on your...
Transcript of Turner Towers Tenant Corp. Alteration Package ALTERATION... · TTTC's "Contractor's Letter" on your...
Turner Towers Tenant Corp. Alteration Package
Enclosed:
Alteration Agreement Checklist
Contractor's Letter
Rules for Contractors Hold
Harmless Agreement
Alteration Agreement
EPA Lead in Your Home pamphlet
T. T. General Construction Guidelines
TMT Alteration Review Document
Sample Insurance Certificate
ALTERATION AGREEMENT
CHECKLIST
Revised January 2014 TURNER TOWERS TENANT CORP.
ALTERATION AGREEMENT CHECKLIST
SHAREHOLDERS: Following is a list of the documents/information you must provide to the TTTC Managing
Agent before any alteration work will be approved. This list is derived from, but does not supersede, the
requirements and provisions stated in the TTTC Alteration Agreement.
Two copies of the Alteration Agreement and Riders 2 – 10, signed by you.
A written description, with your architect or engineer's drawings as necessary, of the proposed scope of
work. Your architect or engineer should review the Exhibits to the Alteration Agreement and have you
include signed copies of each Exhibit that pertains to the work being done. The application will not be
reviewed if Exhibits deemed by the TTTC engineer to be required are not included with your application.
A copy of your estimated budget for the proposed work.
A check for $950 for a minor alteration or $2,000 for large alteration (see TMT Alteration Review Document to
determine the scope and fee for your alteration) made payable to Turner Towers Tenant Corp., for the cost of having
the co-op's architect, TMT Restoration, review the proposed work scope through the course of the project and perform
final inspection and update master building drawings. If site visits are required they will be billed on an hourly basis
(see TMT Alteration Review Document for fees). These fees will be charged back to the shareholder as they are
incurred on the shareholders monthly maintenance statement. This review is required for all renovations. The TMT
review(s) must be completed before you file plans with the Dept. of Buildings (if such filing is required).
A check for $150.00, made payable to Lovett Realty (the co-op's management company) for processing
the Alteration Agreement application.
A check, payable to Arthur I. Weinstein, Esq. (the co-op's corporate attorney) equal to $500.00 or five
percent of the total cost of the proposed work, whichever is greater, as security for the faithful performance and
observation of the terms and conditions of the Alteration Agreement.
A set of plans that have the seal and signature of a licensed New York State Registered Architect or
Professional Engineer, and which are to be filed with the New York City Department of Buildings (“DOB”),
is required for any proposal that includes demolition or construction work and/or plumbing or electrical
work. Such forms will require execution on behalf of TTTC before submission to the DOB and may not be
filed with the DOB until the consent of TTTC to the proposed work is received.
Copies of each DOB. permit and certificate required by New York City law for the proposed work must be
submitted to TTTC before work may begin.
A copy of every agreement made by you with each contractor, subcontractor and supplier (and any change
documents, amendments thereto) engaged to perform the proposed work or provide materials used in the
proposed work.
Proof of your comprehensive personal liability and property damage (Homeowner's) insurance policies.
Proof that each contractor holds current Personal Liability and Property Damage Insurance and
Workman's Compensation and Employee Liability insurance naming TTTC as an “additional insured party” as set forth
in the Alteration Agreement”.
TTTC's "Hold Harmless Agreement" signed by each contractor engaged by you to perform the proposed
work.
TTTC's "Rules for Contractors Working in Building" signed by each contractor engaged by you to
perform the proposed work.
TTTC's "Contractor's Letter" on your contractor’s letterhead signed by each contractor engaged by you to perform
the proposed work.
Initial here that you have received a copy of the EPA's 2003 "Lead in Your Home" Pamphlet.
After TTTC's Architect has reviewed and approved your proposed scope of work and you have provided all
of the information/documentation listed above, you will be given a copy of your approved Alteration Agreement
signed on behalf of TTTC.
NO WORK MAY BEGIN UNTIL YOU HAVE RECEIVED A COPY OF YOUR ALTERATION
AGREEMENT SIGNED BY THE TTTC MANAGING AGENT or PRESIDENT.
CONTRACTOR'S
LETTER
DATE:
TTTC ALTERATION AGREEMENT
CONTRACTOR'S LETTER ON
CONTRACTOR’S
LETTERHEAD
TO: Turner Towers Tenant Corp. ("TTTC/the Building")
135 Eastern Parkway, Brooklyn, NY 112378
RE: Renovation of Apt. at 135 Eastern Parkway, Brooklyn, NY
Ladies and Gentlemen:
We are the Contractor(s) hired to perform the Work in the above-referred-to apartment.
We have reviewed the Alteration Agreement attached hereto (the "Alteration Agreement") and confirm the
following:
1. The description in the Alteration Agreement of the Work to be done by us is accurate. We will not
perform any work not described in the Alteration Agreement or employ any subcontractors not approved by you.
2. We have read the Alteration Agreement and understand the work rules relating to your Building set forth
therein. We agree to follow those rules as they relate to the Work to be performed by us, including, without
limitation, our obligation to remove all debris associated with the Work from the Building and the sidewalk adjacent
to the Building.
3. We understand that the Alteration Agreement contains a requirement that we maintain the insurance
described therein and we agree to comply with that requirement. We will not utilize any employee not covered by
such insurance or any subcontractor not so covered unless such subcontractor is covered by an insurance policy for
which an ACORD form has been provided to you and accepted by you in writing.
4. We understand that the Alteration Agreement requires that only properly licensed persons perform
plumbing, electrical and other work requiring licensed personnel and we agree to comply with such requirements.
5. We understand that our contract is with your shareholder, and we acknowledge that TTTC has no liability
for payment of the work we perform for the shareholder, and accordingly, we agree that we will not place a mechanics
lien on the building or name TTTC or any of its representatives as a party in interest.
Very truly yours,
_
Signature of Contractor
Name (please print) of Contractor
Address of Contractor
Telephone, fax, cell phone and or email of Contractor
Revised May 2014
RULES FOR
CONTRACTORS
TTTC ALTERATION AGREEMENT
RULES FOR CONTRACTORS WORKING IN BUILDING
Required Paperwork
1. No work may commence before the Shareholder has received an Alteration Agreement approved and signed by the
Corporation.
2. No work may commence before valid certificates of insurance (Worker's Compensation and Liability insurance)
and all necessary permits are on file with the Superintendent.
Access to the Building
1. Crews must sign in at the Front Desk every day, where they will be issued a visitor's pass for each worker.
2. All workers must wear a visitor's pass during working hours.
3. Workers may use only the Building's service entrance and the service elevators; at no time may the main entrance
or passenger elevators be used by workers.
4. All workers must remain in the work area; any workers found wandering off the job site will be asked to leave the
building.
5. Work is permitted between 9 a.m. and 4:30 p.m., Monday through Friday.
6. All workers must out of the Building by 4:45 p.m.
Conduct
1. Be respectful to all Turner Towers residents and employees.
2. The Building Manager and Superintendent have the right to inspect all work during its progress and before
completion. All plumbing work must be inspected by the Superintendent and/or the Building's Architect prior
to closing any open walls.
3. The Contractor and Work Crews should contact the Building Superintendent about any problems.
4. Contractor and Work Crews may not use the Building's carts or trolleys.
5. Deliveries must be scheduled with the Superintendent 48 hours in advance. Note that the service entrance is closed
between noon and 1 p.m. every day.
7.No tools or materials may be stored in the Building's basement without written permission from the
Superintendent.
Cleanliness
1. All hallway and apartment floors must be protected as specified in the TTTC Alteration Agreement.
2. All protective materials must be removed from the common areas of the Building by the end of every workday.
3. All rubbish must be properly removed from the Building daily.
4. No rubbish may be stored in the Building's basement.
5. All common hallways affected by the Work must be swept and mopped daily.
I have read and agree to abide by these rules.
Contractor's Signature:
Contractor's Name: (please print)
Contractor's Company Name and Address and Telephone #s: (please print)
Date:
Shareholder to Control Refuse, Dirt, Dust, Lead Based Paint, Etc.
The Shareholder shall not do or permit any act or thing to be done
contrary to law, or which will invalidate or be in conflict with any provision
of any liability, casualty or other insurance policies carried by Shareholder
or for Shareholder's benefit. The Shareholder shall comply with all
federal, state and local laws, rules and regulations pertaining to the Work,
including any such laws, rules and regulations pertaining to lead based
paint, asbestos and other hazardous materials. Prior to the
commencement of the Work, any contractor or subcontractor performing
any portion of the Work which requires said contractor or subcontractor to
be certified by any governmental or quasi governmental body, shall furnish
evidence of such certification to both Shareholder and the Apartment
Corporation.
The Federal Task Force on Lead-Based Paint Hazard Reduction has
recommended certain maintenance practices, including (1) limiting access to
the work area to only workers, (2) isolating the work area with polyethylene
plastic or equivalent, (3) protecting the workers, (4) protecting the
Shareholders' belongings by covering or removing them from the work area,
(5) wetting the painted surfaces before disturbing the paint and (6) wetting
the debris before sweeping. The Task Force has indicated that certain
removal practices are unsafe, including (1) open flame burning, (2) dust, and
(3) dry scraping more than a de minimis is surface area (de minimis means
an area of less than one square foot per room). I shall cause my contractors
and/or workers to perform their work consistently with the recommendations
of the Task Force and shall upon completion of the work perform specialized
cleaning of the work area using methods designed to safely remove dust
and debris which may contain lead.
No more than sixty (60) days prior to beginning renovation activities in the
Apartment, I will be responsible to get from my contractor the Environmental
Protection Agency (the "EPA") pamphlet entitled "Protecting Your Family
from Lead in the Home" (the "Pamphlet". If the Apartment is occupied by
other than myself, the contractor shall provide the occupants with the
Pamphlet. The contractor shall be responsible for obtaining my written
acknowledgement of the receipt of the Pamphlet or a certificate of mailing
evidencing same. I hereby acknowledges that the Corporation has no
liability or obligation in connection with this notification requirement of the
EPA.
Revised May 2014
HOLD HARMLESS
AGREEMENT
TTTC ALTERATION AGREEMENT
HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless Turner Towers
Tenant Corp. (TTTC), its property manager and TTTC's officers, directors and employees from and
against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or
resulting from the performance of the Work, provided that such claim, damage, loss or expense is
attributable to bodily injury, sickness, disease or death, to or injury to or destruction of tangible property
(other than the Work itself) including loss or omissions of the Contractor, a Subcontractor, anyone
directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of
whether or not such claim, damage, loss or expense is caused in part by a party, indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a part of person described in the Paragraph.
Work in: (Apt. #) (Shareholder(s) Names)
Contractor (Company Name): (Please print)
Company Address: (Please print)
Company Telephone/Fax/email:
Signature:
Print Name:
Title:
Date:
Notary:
ALTERATION AGREEMENT
TURNER TOWERS TENANT CORP.
ALTERATION AGREEMENT
FROM: ("Shareholder(s)")
TO: Turner Towers Tenants Corp. (the "TTTC”)
c/o Arthur I. Weinstein, Esq.
924 West End Avenue
New York, NY 10025
RE: Apartment # (the "Apartment")
135 Eastern Parkway, Brooklyn, NY 11238 (the "Building")
Date:
Pursuant to Paragraph 21 of the Proprietary Lease entered into
with TTTC with respect to the above-referred-to apartment (the "Proprietary
Lease"), I hereby request the consent of TTTC to install the equipment and/or
make the alterations described in the annexed document (hereinafter collectively
referred to as the "Work") in the Apartment.
Plans are required for alteration work concerning, but not limited to, the following: addition of
new rooms or division of existing rooms, installation of new toilet or kitchen appliances, wall removals,
etc.
Plans which include demolition and construction work and/or plumbing or electrical work shall
be submitted with the seal and signature of a licensed New York State Registered Architect (R.A.) or
Professional Engineer (PE). Plans which include demolition and/or construction work, and/or electrical
and/or plumbing work shall be filed with the New York City Department of Buildings and no work shall
begin until all such permits and certificates are presented to TTTC's Managing Agent or and an
approved copy of the Alteration Agreement, signed by TTTC's Managing Agent or President, is
received by the shareholder.
Plans are not required for the installation of new carpeting or other flooring materials, or for
painting and other decorating services, however all other applicable provisions of the Alteration
Agreement remain in effect.
All contractors performing work subject to license by the City of New York must provide
proof of such license. Electrical work shall be performed only by a New York City licensed
electrician. Plumbing work shall be performed only by a New York City licensed plumber.
If such consent be granted:
1. I agree, before any of the Work is begun:
a) To provide TTTC with a complete and conformed copy of every agreement made
with contractors, subcontractors and suppliers (and to provide to TTTC any change
documents, amendments thereto, etc., promptly upon their execution). In the event that
architectural
&engineer's plans required & D.O.B permits plans not required for decorating
contractors must be licensed copies of contractors' agreement
1/1
TTTC has any objection to any firm appearing on such list, the Shareholder shall
not retain the services of such firm.
(b) If required by the Corporation or by law or governmental regulations, to file plans
with, and procure the approval of, all governmental agencies having jurisdiction over
the Work and, not more than ten (10) days after receipt of such approval, to deliver to
TTTC a copy of every permit or certificate issued. If there be any doubt as to the need
for such approval, the Corporation shall be the sole arbiter in resolving the doubt.
(c) To procure from my contractor, or contractors, including those performing
decorating work, i.e., painters, floor installers, etc.:
(i) Comprehensive personal liability and property damage insurance policies,
coverage for all operations, independent contractors, blanket contractual
liabilities (oral or written), completed operations and products liability, Broad
Form Property Damage, explosion, collapse and underground hazards (X, C U)
each in the amount of $1,000,000 and naming TTTC and its Managing Agent,
as well as myself, as parties insured. Such policies shall provide that they may
not be terminated until at least ten (10) days after written notice to TTTC.
(ii) Workmen's compensation and employees liability insurance policies,
covering all employees of the contractor, contractors or subcontractors.
All such policies, or certificates evidencing their issuance, shall be delivered to TTTC.
(iii) A written commitment to TTTC in which the contractors agree that they
will not make any claim against, or seek to recover from TTTC or its
shareholders or its shareholders' servants, agents, partners, guests, licensees,
invitees, subtenants or employees for any damage to persons or property
caused by any of the perils within the scope of the policies described in
paragraph 1 (c) of this Agreement, whether or not the loss or damage is due to
the carelessness or negligence of such named parties.
(iv) Evidence of compliance with applicable United States Environmental
Agency lead paint disclosure requirements.
2. I understand that TTTC customarily retains its Building architect to review plans for
proposed work in any shareholder's apartment, to examine work in progress and, upon completion, to
ensure conformity to plans and specifications previously approved and with the
requirements of this Agreement. . If review by TTTC‘s architects or engineer (the “Architect”) is required,
the shareholder will be charged $950 for a minor alteration or $2,000 for a large alteration (see TTTC
Alteration Review Document to determine the fee for your alteration) for the initial review and final
inspection including master building drawing update, with additional reviews and visits charged to the
shareholder at hourly rates. Depending on the proposed scope of work, alteration plans may require multiple
reviews by the Architent before TTTC approval is granted. I agree to provide access to said Architect
thereto as well as to TTTC's agents (including, without limitations, the Building's Superintendent) to
observe the Work from time to time, and I undertake to make all corrections specified by TTTC as a result
thereof. Such observation visits may be made without notice from time to time and, upon my notice to
TTTC of the pendency of such events, on the following occasions:
(a) Prior to inspections, testing or approvals as required by any public or governmental
authority having jurisdiction over any portion of the Work; and
TTTC Alteration Agreement/
Revised May 2014
required
permits and
certificates contractor's
personal
liability and
property
damage
workmen's
compensation
&employees liability
insurance contractor's
shall not
make claims
against TTTC
review of the
proposed
Work by ITTC
Architect inspection of
the Work
2/9
(b) Prior to the enclosure or obstruction of any concealed or inaccessible portions of
the Work.
I agree to pay all reasonable fees and expenses charged by the Architect. In addition, if TTTC is
required or shall deem it wise to seek legal advise either prior or subsequent to granting permission to
perform the Work, I agree to reimburse TTTC, on demand, for reasonable fees incurred, and if
permission be granted then, in any event, prior to commencement of any Work. I agree to pay any
reasonable expenses incurred by TTTC in connection with the Work, including without limitation, all
legal fees and expenses incurred by reason of the filing of any mechanic's liens.
3. If any portion of the Work should be covered or obstructed contrary to the request of any
architect or engineer engaged by TTTC pursuant to the terms hereof or to requirements specifically
expressed in this Agreement, it must, if required in writing by TTTC's architect or engineer, be
uncovered or relieved of obstruction, as the case may be, to permit proper examination at my expense.
Any permitted replacement will be at my sole expense. I shall promptly correct all Work rejected by
TTTC as defective or as failing to conform to this Agreement, or to the Building's rules and
regulations, or the laws, rules, orders or regulations of any governmental authority having jurisdiction
over the Building or as creating any violation of any policy of any insurance carrier, whether or not
fabricated, installed or completed. I shall bear all costs of correcting such rejected Work including
compensation for the additional services of any architect or engineer engaged by TTTC pursuant to the
terms hereof made necessary thereby.
4. It is understood that:
(a) I assume all risks of damage to the Building and its mechanical systems and to
persons and property in the Building, which may result from or be attributable to the
Work being performed hereunder and all responsibility for the maintenance and repair
of any alterations and installations after completion. This responsibility covers all
aspects of the Work, whether or not of a structural nature, affecting windows, walls or
roofs, waterproofing of any part of the Building, maintenance or heating, plumbing,
air-conditioning or other equipment installed or altered pursuant hereto. If the
operation of the Building, or any of its structural components, plumbing, heating,
electrical, intercom, elevator or any other systems of equipment, is adversely affected
by the Work, I shall, when so advised, promptly remove the cause of the problem and
be responsible for all repairs and complete restoration or replacement.
(b) I recognize that there will be no change in the operation of the Building's heating,
air-conditioning (if any), plumbing or electrical system to facilitate the functioning of
any equipment I may be installing.
(c) The alterations and materials used shall be of the quality and style in keeping with
the general character of the Building, as defined by the Corporation.
(d) I undertake to indemnify TTTC, its officers, directors, its Managing Agent,
architect(s), engineers(s) attorneys and tenants or occupants of the Building for any
damages losses, costs, fees and expenses suffered to person or property as a result of the
Work to be performed hereunder, whether or not caused by negligence, and for any and
all liabilities arising therefrom or incurred in connection therewith, and to reimburse
TTTC, its architect, engineer, attorney and its Managing Agent for any
TTTC Alteration Agreement/Re vised May 2014
fees to be
paid by
shareholder removal of
obstructions
or covering in
order to
permit
examination
of the Work shareholder
assumes risks damage to the
building no changes to
heating,
plumbing,
electrical to
facilitate
equipment
indemnifi-
cations
3/9
losses, costs, fees and expenses incurred including, without limitation, attorneys' fees
and disbursements incurred, as a result of such Work.
(e) If, after making any alterations or installing any equipment referred to herein, I
shall:
(i) seek to exercise my right to terminate my Proprietary Lease, I will, upon
TTTC's demand, but at my expense, restore the Apartment and equipment
therein to their condition prior hereto and I agree that compliance with this
commitment shall be a condition precedent to the cancellation of my
Proprietary Lease; or
(ii) Seek to transfer the corporate shares allocated to the Apartment and to the
Proprietary Lease appurtenant thereto, I will, if required by TTTC, either
restore the Apartment and equipment therein to their condition prior hereto or
provide TTTC with an undertaking acceptable to TTTC from my transferee to
assume all of my obligations hereunder, including my continuing obligations
and understandings expressed in subparagraphs (a) through (d) of this
paragraph 4.
5. All permitted Work shall be commenced within sixty (60) days after the date of TTTC's
grant of permission as indicated by TTTC's execution hereof (the "Commencement Date" and shall be
completed on or before the ninetieth day following the Commencement Date (the "Completion Date")
and TIME SHALL BE OF THE ESSENCE with respect to the Commencement Date and the
Completion Date. This paragraph shall not preclude my making a hardship application to the
Corporation in the event of special circumstances then prevailing.
6. No Work shall be done after 4:30 P.M. nor before 9:00 A.M. nor on Saturdays, Sundays or
holidays and any Work which can produce unusual noises, including but not limited to demolition,
which might be disturbing to Building occupants, shall not be done before 10:00 A.M. nor later than
4:00P.M.
7. All precautions will be taken to prevent dirt and dust from permeating other parts of the
Building during the progress of the Work and shall comply with the requirements of Riders 4 and 5,
“Paint/Dust and Debris Removal” and “Demolition”. When project is completed, all protection shall
be removed, all tape and adhesive residue shall be removed, and corridor floors mopped down. At
Managing Agent's or Superintendent's decision, where inspection requires, corridor walls shall be
repainted to match existing surfaces, as required. I will have responsibility to broom-clean or cause to
be broom-cleaned each night by the contractors or sub-contractors after they have ceased their work, the
areas in which Work is being performed, the areas adjacent thereto and any other affected areas of the
Building. Materials and rubbish will be placed in barrels or bags, before being taken out of the
Apartment. All such barrels or bags, rubbish rubble, discarded equipment, empty packing cartons and
other materials will be taken out of the Building and removed from the area of the Building per the
TTTC
Alteration
Agreement/Re
vised May
2014
upon
termination
of
Proprietary
Lease or
transfer of
shares
commence-
ment and
completion
deadlines days & times
the Work is
permitted protection of
public areas
cleanup of
public areas
4/9
the instructions of the Superintendent and at my expense. I recognize that only the service
elevators may be used for such removal and only at such times as the Superintendent of the
Building may direct. If the convenience of other tenants requires that the service elevator be
operated on an "overtime" basis, I shall reimburse TTTC for any wages or related expenses
incurred in connection therewith. All sums that I may owe to TTTC pursuant to this
Agreement shall be deemed additional rent in accordance with Article II paragraph First of the
Proprietary Lease. All construction materials are to be brought to the work site in proper
containers and must be stored in the tenant's workspace. No materials are to be stored in
public areas, i.e., corridors, elevators, basement areas. All fire exits shall be kept clear and
accessible at all times. All fireproofing on steel must be replaced if damaged or missing.
Fireproofing of steel columns shall consist of gypsum block of required thickness to achieve a
three (3) hour fire rating.
8. Prior to the commencement of any Work, I will notify both the Superintendent and the
Managing Agent at least forty-eight (48) hours before demolition is to start. I will also give written
notice to the tenant shareholders occupying the apartments which are adjacent to, above or below my
Apartment ("Adjacent Premises") of the date on which the Work will be commenced in order to
provide them with a reasonable opportunity to secure any personal property from damage due to
vibration or similar cause resulting from the Work. The Superintendent may refuse access to the
Building to contractors or their employees if the foregoing requirements have not been complied
with.
9. Any damage to the adjacent building or other apartments or the common structure of the
Building as a result of the Work will be insured by my insurance coverage required hereunder or that of
the contractor(s) or subcontractor(s) as the case may be. However, the existence of such insurance
shall not relieve me of liability hereunder.
(a) If TTTC's Managing Agent advises of any damage, in its opinion, caused by the Work, I
shall submit any claim based on such damage immediately to my insurance carrier and the
insurance carrier of the contractor(s) or subcontractors(s) as the case may be. I agree to use all
reasonable efforts to cause the contractor(s) and subcontractor(s) to cause any insurance carrier
insuring me or them to expeditiously settle and pay any amounts for claimed damage for which I
or they are responsible hereunder to TTTC or any tenant-shareholder of the Building.
(b) The tenant-shareholder of any apartment in the Building who claims to have suffered any
damage caused by the Work (the "Claimed Damage"), or TTTC, in the case of any Claimed
Damage to areas or installations owned by TTTC, shall have the right to repair the Claimed
Damage to his, or its satisfaction. In the event that there is a dispute as to the reasonableness of
the cost of the proposed repairs, the determination of such amount may be made by the
Corporation. If the Corporation elects to make such determination, I will pay the amounts of all
bills for such repairs to Claimed Damage which such tenant-shareholder or TTTC submit to me
and will make such payment within ten (10) days after they or TTTC submit the same to me. If!
fail to pay the amount of any bill to such tenant-shareholder or to TTTC, as the case may be,
within ten (10) days after its submission to me, I will pay interest at the prime rate charged by
Morgan Guaranty Trust Company of New York, as announced from time to time by such bank
from the date of the submission of the bill to me to the date it is paid. In the event of my failure
to pay a bill to a tenant-shareholder, TTTC shall then be entitled to prompt reimbursement from
me of the amount paid by TTTC plus interest at the rate aforesaid from the date the bill was
submitted to me until the date I repay TTTC. In addition, all amounts paid by TTTC for any
Claimed Damage, (whether suffered by a tenant-shareholder or by the Corporation) plus such
TTTC Alteration
Agreement/Re vised May
2014
use of service
elevators only removal of
materials and
debris fire exits and
fire proofing notifications
to Super and
neighbors
before the
Work begins damage to
other
apartments,
building, or
adjacent
buildings
5/9
interest thereon shall be deemed additional rent under my Proprietary Lease.
10. TTTC shall have the right to stop the Work, restrict its continuation, and, at its election,
but at our expense, restore the Apartment or Building to their condition prior to commencement of the
Work, if:
(i) the Work is not performed strictly as described in, and in accordance with the terms
of, the Agreement; or
(ii) we fail to meet any of our obligations hereunder, or
(iii) the Work unduly interferes with TTTC's rights or the rights of any tenant-
shareholder in the Building, of which TTTC shall be the sole judge; or
(iv) the contractors and subcontractors fail to use an appropriate labor force and
thereby cause any actual or threatened labor disturbance to TTTC or the Building, of
which TTTC shall be the sole judge.
11. We will bear the entire cost of alterations and installations and pay all bills incurred in
connection therewith, not later than thirty (30) days after completion of the work. If any mechanic's
liens are filed for work claimed to have been done or material alleged to have been supplied, I shall
cause such liens to be discharged within ten (10) days after such filing. If I fail so to do, TTTC may
exercise any or all of its rights and remedies under the Proprietary Lease of this Agreement.
12. At the completion of the Work, I will deliver to TTTC an amended Certificate of
Occupancy and a certificate of the Board of Fire Underwriters, if either be required, and such other
proof as may be necessary to indicate all Work has been done in accordance with all applicable laws,
ordinances and government regulations, including the Landmarks' Preservation Commission (if
applicable). If the Work requires, under any applicable laws or regulations, provision of “sign-offs”
from any governmental agency, I shall obtain and file such “sign-offs”. In the event I fail to do so, I
authorize the Corporation to take such action, at my expense, that the Corporation may deem
necessary, to obtain and file such “sign-offs.” In the event that any governmental agency rejects any
self certified "sign-offs" or withdraws any previously issued “sign-offs" at any time I shall take any
actions necessary to cause the agency to provide such required “sign-offs”. In the event I fail to do
so, I authorize the Corporation to take such action, at my expense, that the Corporation may deem
necessary, to obtain and file such "sign-offs."
13. I recognize that by granting consent to the Work, TTTC do not profess to express any
opinion as to the design, feasibility or efficiency of the Work nor that the Work can be completed
within the time specified in paragraph 5 of this Agreement. I agree that the responsibility for
maintaining all the Work remains with me as tenant-shareholder and my successor-in-interest in
residence in the Apartment including but not limited to the cost of removing and reinstalling all or any
part of the Work. I agree to assume full responsibility for the future repair and maintenance of any
equipment installed as part of the Work. In the event that there is a complaint concerning noise,
vibration or exhaust heat from any such equipment, I shall upon notice make immediate repairs or
adjustments to eliminate the cause of the complaint and if this is not possible, to remove any such
equipment if so ordered by you. I further agree that I shall bear any and all costs of any plumbing leaks
or other condition which causes damage to the adjacent building or other apartments in the Building, if
at any time such leakage or damage results from the Work.
14. If the Work disturbs or exposes any asbestos containing materials ("ACM") that may be
contained in the Building during the course of the Work, or the possibility of disturbing or exposing
ACM exists, I shall at my expense, take all necessary steps to remove, treat or otherwise abate such
ACM, in accordance with the requirements contained in Rider 3, “Asbestos”, including but not
limited to, obtaining a person who is qualified (to TTTC's reasonable satisfaction) to prepare an
Upon TTTC's approval of such recommendations, I shall have a certified asbestos expert acceptable to
TTTC implement the recommendations and I shall bear all costs relating thereto. I shall comply with
all Federal, State and local laws, rules and regulations pertaining to asbestos control, as the same have
been or may be promulgated, supplemented or amended from time to time prior to and during the work.
In addition, I agree to indemnify TTTC for any damages arising from any failure to fully conform to all
of the foregoing.
15. As security for faithful performance and observation by me of the terms and conditions of
this Agreement, I am concurrently herewith delivering to TTTC my check payable to its attorney
Arthur I. Weinstein in an amount [$________] equal to the greater of (a) $500 or (b) five (5%)
percent of the total cost of the Work (including cost of equipment to be installed), the proceeds of which
shall be deposited by TTTC's attorney in a non-interest bearing account upon TTTC's acceptance of this
Agreement. In the event that I or persons engaged by me to perform the Work cause loss, cost
or expense to the Corporation or its property, including without limitation any loss, cost or expense
arising from or relating to (a) the fees of any architect or engineer engaged by TTTC to review the
plans and specifications or to review from time to time the progress of the Work; (b) the fees of TTTC's
attorneys engaged in the event of my breach or alleged breach of the provisions of this Agreement, or
otherwise in connection with the Work; (c) damage to the plumbing, electrical or other building
Systems, the Building structure or the flooring or walls in the Building's hallways or to other common
areas (including without limitation, the cost of plastering, painting, cleaning, shampooing or repairing
the same if soiled or otherwise damaged); or (d) restoration of the Apartment or Building by TTTC
pursuant to the terms hereof, I agree that TTTC may use, apply or retain the whole or any part of the
security so deposited and any interest earned thereon to the extent required for the payment thereof. If
I shall comply with all of the terms and conditions of this Agreement, I understand that the security
deposit or remaining balance thereof, without interest, shall be returned to me.
16. Notwithstanding anything to the contrary contained in the plans or specifications submitted
to TTTC herewith or in any other document whatsoever (including, without limitation, one signed by
TTTC or on its behalf), I acknowledge that TTTC has not granted and will not permit, without its
specific prior written permission, (a) the installations of a sauna, whirlpool, steam room, or electric
stove, kiln or similar oven not for cooking purposes or (b) any alterations which would entail cutting
into the floor or ceiling slab of the Apartment for electrical, air-conditioning, plumbing work or for any
other purpose, and I expressly agree not to cause or permit any such installation or alterations without
TTTC's prior specific written permission. I further expressly agree not to cause or permit the
installation of any other appliance or fixture whatsoever unless the same shall have been labeled on the
plans and specifications submitted to TTTC herewith and approved by TTTC in writing.
17. I acknowledge that I have been advised that no workmen will be permitted in the Building
without the prior written authorization of the Corporation. I further acknowledge that prior to entering
the Building each day, people engaged in the Work will be required to sign a daily log maintained by
the Building's maintenance staff and, in connection therewith, to identity the precise nature of the work
to be performed by them on that day; and the workmen will not perform on any day any work other than
that identified by them on the daily log for that day.
18. The use of power tools such as pneumatic jackhammers, electric hammers, and other
equipment, which may disturb other occupants of the Building, will not be permitted.
19. I have received from TTTC a copy of the pamphlet Protect Your Family from Lead in
Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be
performed in my Apartment. I received this pamphlet before the work began. Attached hereto is a
copy of a form entitled Disclosure of Information on Lead-Based Paint and Lead-Based Paint
Hazards, which I have received and signed.
TTTC Alteration Agreement/Re
vised May
2014 security deposit alterations
that require
additional,
specific
written
permission
beyond this
agreement mandatory
backflow
preventers
contractors
must sign in
use of certain
equipment
forbidden
EPA
pamphlet
7/9
20. My failure to comply with any of the provision hereof shall be deemed a breach of
provisions of the Proprietary Lease, pursuant to which TTTC's consent has been granted, and, in
addition to all other rights, TTTC may also suspend all Work and prevent workmen from entering my
Apartment for any purpose other than to remove their tools or equipment. In such event, TTTC may
also revoke its permission for me to undertake the alteration.
21. This Agreement may not be changed orally. This Agreement shall be binding On TTTC,
me and our personal representatives and authorized assigns.
22. Except for unavoidable delays caused by labor strikes, acts of God, or other similar
circumstances not caused by me and not within my control, and in the absence of any extension granted
by the Corporation, if the Work shall not have been completed within the time period specified in
paragraph 5 of this Agreement, TTTC shall be entitled to apply from the funds provided pursuant to
paragraph 15 of this Agreement the sum of One Hundred ($100) Dollars per day for each additional day
until the Work is completed, as liquidated damages and not as a penalty, to compensate TTTC and its
shareholders for the costs and inconvenience caused by the continuation of the Work. This shall not be
construed so as to limit any claim for damages arising under this Agreement or any other agreement.
23. I will be responsible for, and pay, any increase in real estate taxes levied against the
Building because of an increase in assessed valuation attributable to and by reason of the alterations
and installations herein approved.
24. Any notice pursuant to the terms hereof shall be deemed duly given if in writing, and sent
by registered, or certified mail, return receipt requested, addressed to me at the Building, and addressed
to the Corporation at the Building with a duplicate notice addressed to the Corporation in care of its
Managing Agent. Notice shall be deemed given on the date mailed.
See Addendum on following page
TTTC Alteration
Agreement/Re vised
May
2014
breach of
Proprietary
Lease
no oral
changes to
this
agreement
liquidated
damages
real estate
taxes
notice given
in writing
8/9
ADDENDUM: You must replace deteriorated plumbing branch lines in your apartment concurrently with your
alteration work. Such replacement work must be included in the description of work contained in the Alteration
Agreement package submitted to TTTC for review by TTTC's Building architect and is subject to approval by
TTTC. The approved plumbing work must be performed by a TTTC approved plumbing contractor in
accordance with the requirements of the following Riders to the Alteration Agreement: Rider 9,
“Plumbing/General Requirements”; Rider 5 “Demolition”; and Rider 3 “Asbestos”. Currently, TTTC will
reimburse you $925 per bathroom fixture i.e., (toilet, tub, sink, and shower) to replace plumbing branch lines to
the first connection at the riser. The reimbursement is not applicable to kitchen appliances as branch plumbing
is minimal. Shareholders should confirm these reimbursement figures at the time they submit their Agreement
for approval. Reimbursements will be paid when all DOB permits are closed and shareholder receives a
certificate of completion from the DOB.
TTTC will reimburse you up to $600 per bathroom for required air monitoring during asbestos
abatement in accordance with Rider 3 “Asbestos” on hot, cold and steam branch lines during your alteration.
The reimbursement is not applicable to kitchen branch plumbing. Reimbursements will be paid when all DOB
permits are closed and shareholder receives a certificate of completion from the DOB. Additionally, a
completed contract with a certified abatement contractor with proof of full payment and copies of lading
documents if required, must be submitted at that time
TTTC is not responsible for causing the opening or closing or finishing walls or in any other
way repairing ceilings and/or floors that are damaged by plumbing work undertaken at the shareholder's
request as part of a shareholder-initiated apartment alteration. The co-op will not reimburse the
shareholder for opening or closing or finishing or in any other way repairing any surface damaged by
plumbing work undertaken as part of a shareholder-initiated apartment renovation.
I hereby agree to the terms and conditions contained in the preceding TTTC Alteration Agreement:
TTTC Alteration
Agreement/
Revised May
2014
no reimburse-
ment for
demolition,
closing or
finish work
Shareholder Signature Shareholder Signature
Shareholder Name (please print) Shareholder Name (please print)
PERMISSION GRANTED:
AS OF: (Permission Date)
By: Name and Title
ANY DEVIATION FROM WORK APPROVED IN THIS AGREEMENT SHALL VOID IN ITS
ENTIRETY THE PERMISSION GRANTED HEREIN
9/9
TMT Alteration Review Document
Architectural Review Services for Turner Towers Apartment Renovations.
The cost of these services will be charged back to shareholders.
SCOPE OF WORK Review the proposed renovation plans, drawings and correspondence as submitted by the shareholder’s architect including but not limited to the following documents that are required as part of the submittal package: Letter outlining the scope of work proposed. Building Department filing set of drawings. Demolition, construction, structural, plumbing, electrical and reflected ceiling plans. Detail drawings. Product information data (cut) sheets for items such as appliances and fixtures. Review the Building’s Alteration Agreement and House Rules; review existing floor plans, building elevations, and available plumbing, structural and mechanical drawings. Review submitted documents for compliance with the New York City Building Code and with the Cooperative’s guidelines. A cursory review of the documents will be conducted to determine if the submittal package is complete as per the outline above; a memo will be forwarded to management if additional information is required to perform a complete review. We will evaluate the scope; prepare a letter outlining all of the documents received and the work to be performed by room. If further information or clarification is required for resubmission the items will be outlined in bold, otherwise, an approval will be given if the plans can be filed at the Department of Buildings for Plan/Work Approval.
Scale of Apartment Renovations & Time Required To Review Documents Minor renovations include items such as replacement of fixtures in existing locations, replacement of cabinetry, removing or installing non-load bearing partitions. Major renovations include items such as apartment combinations; relocation of kitchen or bathroom fixtures, altering the façades and/or roofing systems in any way. A cursory review of documents will be performed within one week of receipt; upon delivery of a complete submittals package, a minimum of two weeks is required to review plans for minor renovations as defined above. For larger scale renovation projects, an additional week or two may be required depending on the clarity of the documents. Please be advised that hand drawn sketches that are not to scale will not be reviewed.
FEES & EXPENSES
Our fee to perform an apartment review for a minor renovation is $950.00 (approximately four and one half hours). For major renovations, our fee is $2,000.00 (approximately ten hours). A fifty percent retainer is requested along with delivery of drawings. If additional information is requested due to unclear, incomplete submissions or the work scope has increased, our services will be billed on an hourly basis for each additional review in addition to the fee noted above. Site visits, if necessary will also be billed on an hourly basis.
TMT’s hourly rates are as follows: Principal $275.00 Per Hour Architect $215.00 Per Hour Senior Project Manager $190.00 Per Hour Project Manager $170.00 Per Hour Junior Project Manager $140.00 Per Hour Assistant $ 95.00 Per Hour
ADDITIONAL WORK If requested by the Client we will review Building Department Permits (construction permit, electrical and plumbing), sign-offs and construction renovation work for compliance for documents filed and approved.
PROJECT RELATED EXPENSES
Project related expenses will be billed at cost plus fifteen percent administrative fees in addition to the fee noted above. These items include photocopies, colored photo reproductions, local travel, messengers, overnight mail and consultants (if necessary).
SAMPLE INSURANCE CERTIFICATE
Construction Policy
T.T. General Construction Policy
Revised: September 27, 2013
General Notes
1) All work must conform to the Turner Towers Tenants Corporation Alteration Agreement and must be executed prior to the commencement of work. The Contractor requirements that are specified within the previously mentioned document must be adhered to at all times.
2) The shareholders Architect shall outline the proposed scope of work in a letter to be presented to Building Management at the time of consideration.
3) Proposed and existing floor plans and details shall be submitted by the Shareholder’s Architect in duplicate to Building Management. Complete construction documents must be submitted for review; the drawings must be to scale; sketches are not acceptable.
4) Any person (Contractors) performing work on a property, which is valued in excess of $200.00, must be licensed and bonded by the Department of Consumer Affairs. License number should be documented in the Manager’s office.
5) Certificates of Insurance must be issued to Building Management for both General Liability (in the amount of $1,000,000.00) as well as Workers Compensation as specified by the Board of Directors of Turner Towers and as stated in the Alteration Agreement.
6) All work shall comply with the Building Code of the City of New York, Multiple Dwelling Law, Housing Maintenance Code, Sanitary Laws, the City of New York Fire Code, the State of New York Regulations, the Regulations of the National Board of Fire Underwriters, OSHA and all Federal, State and Municipal regulations.
7) Work shall not commence until the Shareholder has received expressed written consent of the Board of Directors or the Board’s designated representative.
8) Work shall not commence unless the Shareholder/Contractor has obtained permits for all phases of work required by applicable laws and regulations. Copies of the permits shall be submitted to the Board of Directors.
9) Work hours are Monday through Friday, 9:00 am to 4:30 pm; workmen must exit the building by 4:45pm. This requirement must be noted on the Architect’s drawings.
10) Areas where work is being performed must be isolated from adjacent areas via tented plastic enclosures to eliminate the possibility of airborne contaminants such as dust, paint particles and insulation fibers.
11) Building Management as well as the Building’s Consultants shall have access to the premises at all times to review the ongoing work. Final review and approval of work performed is subjected to the same requirements.
12) If at any time the water or gas lines must be shut down in order to perform any work, the Contractor must coordinate with the building Superintendent. At least 48 hours notice must be given prior to the scheduled shut down date.
13) Upon completion of the project, digital as-built plans must be submitted to the building in AutoCAD format, version 2005 or earlier.
14) Contractor shall utilize the service entrance and service elevator at all times.
15) Contractor shall protect common halls and floors as well as the service hall with Masonite and reinforced paper. Walls shall be covered a minimum of four feet high.
16) All revisions made to the drawings in subsequent submissions must be enclosed within a revision cloud. No items outside of the revision cloud may be altered in any way.
General Construction Requirements
17) Garbage disposals are not permitted.
18) Fireproof doors are to bear the label of the Board of Standards and Appeals (27-131).
19) All materials or fixtures required to have a fire resistance rating shall comply with one of the following.
a) They shall conform with the FNBU Fire Resistance Ratings dated December of 1964 or:
b) They shall have been tested in accordance with ASTM E-119-1961 and accepted by the Commissioner thereof.
20) Channeling or alteration of the building structure (including building walls, columns, ceiling and floor slabs) will not be permitted nor considered.
21) The installation of conduit will not be permitted through or attached to the building façades, including temporary applications. Interior attachment to exterior wall terracotta units or other masonry units if necessary shall be made with stainless steel brackets and anchors.
22) Fire extinguishers shall be on site during construction operations as required by code (sec.27-848.126).
23) Fireproofing surrounding steel columns, beams, etc. that is damaged must be replaced with a new three (3) hour fire rated material as required by NYC Building Code. This requirement must be noted on the Architect’s drawings.
24) New partition, ceiling and soffit details must be included on the drawings. New partitions must be constructed utilizing steel studs and fire resistant gypsum board or approved equal. Cement board (1/2” thick min.) must be utilized at all tile/stone locations in wet areas.
25) Low VOC coatings must be used as required by NYC Building Code and noted on the drawings.
26) Where secondary entrances within demising walls are removed, the wall must be infilled with metal studs, sound attenuating batts and fire code gypsum board as required by NYC Building Code. The wall within the common hall must be finished to match the existing finishes. Concrete block is recommended when infilling within demising walls.
27) Vented exhaust ducts for kitchen range hoods and bathroom fans are not permitted by the NYC Mechanical Code.
28) Wood underlayment is not permitted for floors. All underlayment to be grout, concrete, gypsum based.
29) All tile substrate to be wire lath, scratch, cement and final coat plaster work.
Plumbing
30) Plumbing work must be conducted by licensed and insured plumbers (approved by the building) who are solely responsible to file and obtain applicable permits, certifications, approvals and sign-offs that are required by Law.
31) All plumbing branch lines must be replaced to the first connection while renovations are in progress. All plumbing lines within chases including but not limited to vent, waste, risers and leaders (including shut–off valves where applicable) shall not be replaced until the Plumbing Restoration Campaign for that line is underway. All connections must conform to the specifications of the building wide plumbing repair program.
32) Supply lines may not be installed within the cinder fill below the topping slab.
33) All pipes are to be protected against contact with masonry and may not embedded in cement.
34) Drawings indicating the location of all proposed plumbing lines for each fixture must be provided. These drawings must include the location of the risers and path of all branch lines.
35) All shower curbs shall be fabricated of poured concrete a minimum of 4” high utilizing mesh steel reinforcement.
36) A new vinyl liner, lead pan or waterproofing membrane must be installed within the shower and must extend up and over the curb. The drain and membrane must be water tested and maintained for a period of twenty-four hours in order to verify that there are no leaks. The test must be coordinated with the Building Superintendent.
37) Dual-height promenade drains or an approved equal must be used in showers; specifications must be provided.
38) All waste lines are to be replaced with cast iron. Connections are not permitted at the building waste line; the new connection must be installed at the first connection beyond the risers.
39) All supply lines must be replaced in the specified copper.
40) As required by Reference Standard 16 of the NYC Building Code, kitchen sink drain lines must be 2” in diameter (ID); bathroom sink drain lines must be 1½” in diameter (ID); shower drain lines must be 2” in diameter (ID); bathtub drain lines must be 1½” in diameter (ID).
41) All plumbing fixtures must have traps and be adequately vented in accordance with local laws and regulations.
42) New shut-off valves must be installed at each fixture.
43) All water branch lines and steam lines must be insulated; the Superintendent, Management or the Building’s Consultant must inspect the installation prior to closing up the walls and/or floor. This must be noted on the drawings.
44) Removal, replacement or relocation of radiators must be indicated on drawings; the building will not be held responsible for any reduction in heat to the apartment.
45) Where windows are located within a shower area, the jambs, sill, soffit and wall surrounding the window must be waterproofed. Details must be provided.
46) Sleeves for steam risers and branches to be sandwiched between metal studs as per detail #2, A-301-1.000.
47) As-built drawings must be provided to the building and must include the locations and sizes of all plumbing lines.
48) Garbage disposals approved for use in NYC are allowed for installation in apartments where the main waste lines have been replaced. In apartments where the plumbing lines have not been replaced, the plans may provide for the installation of garbage disposals (installation of a GFCI outlet beneath the sink) upon completion of the main waste line within that line of apartments.
Clothes Washers
49) A pan with a water sensor and shut-off device must be installed beneath the washing machine. In addition, a back-flow prevention valve conforming to MEA #171-88M as well as vacuum breakers at the hot and cold water supply lines must be installed as per DOB Technical Memorandum dated 12/2/86. Provide details, material specifications and cut sheets.
50) Low water consumption machines must be utilized; provide manufacturers cut sheets of proposed units.
Dryers
51) Vent-less or vented electric dryers must be used, gas dryers are not permitted. The Electrician must confirm that electrical loads within the apartment are sufficient to handle the loads of the dryer.
52) Exhaust vents are not permitted. Penetrations through the exterior wall are not permitted under any circumstances.
Electric
53) Electrical work must be conducted by licensed and insured electricians who are solely responsible to file and obtain applicable permits, certifications, approvals and sign-offs that are required by NYC Building Code.
54) Shareholders should consider/are required to install a conduit to run from the electric panel to the location of the demising wall where future service upgrades will be connected to the new service within the public halls.
55) Channeling of the structural concrete slab is not permitted; drop ceilings are to be installed if additional wiring is required. Ceilings must be fabricated utilizing metal steel framing, fire resistant gypsum board or approved equal and must conform to the NYC Building Code; all gypsum board must meet fire-rating requirements as well. Provide details.
56) The Electrician must submit a letter with the Alteration Package indicating if the existing and proposed loads relative to the apartment being altered are sufficient to handle the proposed loads.
57) Access panels and appropriate junction boxes are to be visible at all splices and secondary connections.
58) Smoke detectors must be installed as required by Local Law 62/81. Smoke detectors must be installed within 15’ of the entrance of sleeping rooms as per N.F.P.A. #74-1980.
59) Carbon monoxide detectors must be installed as required by NYC Building Code (Title 27, Subchapter 17, Article 7 of the NYC Building Code).
60) Maximum output of electric oven/range is 65,000 btu.
61) Relocation of the building intercom must be performed by a Contractor familiar with the building intercom system. If relocation of the intercom is proposed due to partition demolition, a probe must be performed prior to demolition in order to determine if the building intercom risers are located within this area. If the risers are located within this wall, the removal or relocation of the intercom will not be permitted. The shareholder will be held responsible for any repairs that may be required to other shareholders intercom systems due to this work.
Air Conditioning
62) Window air conditioner unit locations must be included on the drawings. Provide installation details conforming to NYC Code Requirements.
Mechanical
63) Where bathroom and kitchen exhaust fans are proposed, they must follow all DOB and Mechanical Codes and must be submitted and approved by the DOB. The following requirements have been taken from the Mechanical Code for your use but it is up to the shareholder to review the Code for full compliance.
Exception: In Occupancy Groups R-2 and R-3, each dwelling unit may be individually exhausted
directly to the outdoors with a dedicated, continuously operated exhaust fan and shall comply
with the following:
The dedicated exhaust from each dwelling unit shall be directed away from any window
serving the same dwelling unit from which the exhaust is taken, and in addition, such exhaust
opening shall terminate at least:
2.1 Two feet (610 mm) from any windows serving the same dwelling unit.
2.2 Four feet (1219 mm) from any window serving an adjoining dwelling unit.
2.3 Four feet (1219 mm) from any window serving occupancy group in the same building.
2.4 Ten feet (3048 mm) from any outdoor air intake opening.
2.5 Ten feet (3048 mm) from the public sidewalk adjoining the same building.
EPA LEAD PAMPHLET