Smoke Test

I recently had my building inspected as part of the legalization process for a bad Certificate of Occupancy. I purchased the building in 2011 knowing the building was registered with the department of buildings as 7 units – where in actuality, it was only 3 units. I was told by the seller and broker that a renovation was done in the 1980s when the department of buildings was updating its record keeping system and somehow the final C of O sign off got lost and ultimately led to this issue.

Fast forward to today – I have engaged an expediter as well as an architect to correct the C of O issue – During the final construction inspection, I was asked by the inspector if the fireplaces were active – to which I replied yes. This inspection was related to a no work Alt 1 application to amend the C of O. He then told me that each chimney would require a smoke test if I wanted to keep them active. I have contacted a number of firms that want around 3000 dollars per chimney to perform the test. I have been told that even though the 6 fireplace in question are newer than th e building (were probably redone during the 1980s construction) and in good shape, they are likely to fail given today’s testing standards as well as the fact that they are not steel lined and instead made from terracotta tiles. This said I am told the best thing to do is reline the fireplaces and then do a smoke test. The cost to reline the fireplaces would be be between 5k and 10 depending on the floor they are located on. To make a long story short this would require a total spend of between 50 and 80k – which I dont have. What I do have are 2 tenants that were promised fireplaces…. I also live in the building and like my fireplace.

Question – do I have any other options here? I have seen a similar post from several years ago on the forum but the only responses were related to price not if this test is actually a requirement. These fireplaces are existing and we filed a no work application related to construction done over 30 years ago. The irony here is that if i converted the building back to 7 units, none of this would be an issue – but 2 times the number of tenants would I guess would be “less safe”. Thoughts?

Thanks,
Chris