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Hospitality Industry Guide to Environmental Compliance in New York City

Air Pollution

The Air Code prohibits the emission of odorous air contaminants that can be harmful or become a nuisance to any person.

If we receive a complaint concerning smoke or odor coming from a business, one of our inspectors will be sent to take observations of the conditions. If the inspector observes conditions that cause discomfort, a violation may be issued.

The City has recently enacted a new Air Code which may affect businesses in the hospitality industry. You should consult with your exhaust systems specialist to see if the new rules will affect your business. If you use a charbroiler or a wood- or coal-fired cook stove, the following new rules may apply to your business:

Effective September 16, 2016:

Under-Fire Charbroilers

  • If you open a new business that cooks more than 875 pounds of meat* per week, you have to install an emission control device into your exhaust system
  • If you own an existing business that cooks more than 875 pounds of meat* per week, you will be subject to similar regulations on or after January 1, 2018.
  • On or after January 1, 2020, businesses that cook 875 pounds of meat or less per week may be subject to similar regulations.
  • Restaurants using under-fire charbroilers must register with DEP. The form can be found here (see “Industrial Processes/Generators…” near bottom of page):

Chain-Driven Charbroilers

  • If your new or existing business uses a chain-driven charbroiler that cooks more than 875 pounds of meat* per week, you have to install an emission control device into your exhaust system.
  • On or after January 1, 2018, the Commissioner may promulgate rules for existing chain-driven charbroilers that are used to cook 875 pounds or less of meat* per week.
  • Restaurants using chain-driven charbroilers must register with DEP. The form can be found here (see “Industrial Processes/Generators…” near bottom of page)

*Meat is defined as including, but not limited to, beef, lamb, pork, poultry, fish or seafood.

Wood or Coal Ovens (Cook Stoves)

If you are considering installing a wood or coal fired oven in your establishment, please be aware that regulations are pending approval and may require you to install specific ventilation equipment to meet City Air Code provisions.

How to Reach Us

Please call 718-595-4436 or e-mail edu@dep.nyc.gov

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