Assuming 'the law firm' mentioned, is working for the injured client, I anticipate your reasoning may be the lack of insulation or other protection around the riser, that should likely have been required originally, or identified as required during any subsequent inspection, repair or alteration.
Actually, the case I had 12 years ago, the piping to the radiator (supply) and the return were not insulated, and that was the energy code violation and also posed a danger to the rug rats crawling around (The mother on crack ) had no bearing on the case
On the steam riser, insulation was not required unless the tenant asked for it. Looking through several paragraphs of the codes relating to NYC, I found the following
NYC codes require steam risers in bathrooms (and all habitable/occupiable rooms) to be insulated if they are accessible and carry fluids exceeding 165°F.
Key requirements include:
Surface Temperature Limit: Insulation must ensure the outer surface does not exceed 60°F above ambient temperature.
Thickness: Under the NYC Energy Conservation Code, steam piping typically requires insulation between 1.5 and 3 inches thick, depending on pipe diameter.
Material Safety: Insulation must be noncombustible and meet specific flame spread (max 25) and smoke development (max 50) ratings.
Mandatory for Efficiency: Modern standards, including Local Law 97 compliance guidelines, mandate insulating all exposed steam piping to reduce heat loss and improve system efficiency.
Clearance: If insulation would interfere with system function, uninsulated pipes carrying fluids up to 250°F must maintain at least 0.5-inch clearance from combustible materials.
The document "27-809 insulation and clearances.pdf" likely refers to New York City Building Code § 27-809, which mandates insulation and clearances for hot piping in buildings to prevent surface temperatures from exceeding 60°F above ambient (or 165°F fluid temp) in habitable spaces, requiring proper spacing and insulation at penetrations through combustible materials, with exceptions for certain hot pipes if clearances are maintained. This rule ensures safety by preventing fire hazards from hot pipes touching combustible construction, specifying minimum 1/2-inch gaps for uninsulated pipes and protection for penetrations, referencing other sections like § 27-792 for detailed requirements.
Key Requirements from § 27-809:
Hot Piping Insulation: Accessible pipes carrying steam, water, or other fluids over 165°F in habitable rooms must be insulated so the outer surface stays within 60°F of the surrounding air.
