Do air conditioners require Equipment Use Permits (EUPs)?

To put it nicely, New York City can get pretty disgusting in the summer—hot, humid, and muggy.  Air conditioning is practically a must, and woe on the tenant without it.  If you’re unfortunate not enough to have air conditioning—or are thinking of replacing yours—be aware that some air conditioners will require a permit known as the “Equipment Use Permit” (EUP).  If you’ve ever installed a boiler or elevator, EUP should sound familiar—it’s the same type of permit.  You’ll need it for large, high-capacity air conditioners with more than 800 CFM.

Of course, not all air conditioners are this powerful or large, and accordingly, the FDNY doesn’t require permits for them.  If your AC unit is 3 tons or smaller and fits into windows or wall sleeves, it’s most likely exempt. The Department of Buildings has several requirements that an air conditioning unit must meet in order to bypass the exemption:

1)  Only serves one floor of the building

2)  Doesn’t use lot line windows

3)  Isn’t installed in a public hallway, passageway, or stairway

4)  Doesn’t reduce ventilation of another room below legally permissible levels

5)  Doesn’t penetrate fire divisions, roofs, floors, or walls