Albany, N.Y., Code of Ordinances ch. 231 § 231-41
Fireplaces
Operative Text
A. Fireplaces and similar construction used or intended to be used for burning fuel in open fires shall be connected to approved chimneys and shall be installed so that nearby or adjacent combustible material and structural members shall not be heated to unsafe temperatures. B. Hearths and linings or other parts of fireplace exposed directly to flame shall be of materials that will not melt, disintegrate, spall or shatter at high temperatures. C. Wood mantels and trim on fireplaces shall be placed and attached so that they cannot be heated to unsafe temperatures or ignited by sparks or embers from the fire.
Albany, N.Y., Code of Ordinances ch. 231 § 231-41 establishes safety standards for fireplaces and similar open-fire burning structures. The rule requires that such structures connect to approved chimneys, that all flame-exposed components be made of heat-resistant materials that won't degrade at high temperatures, and that wood mantels and trim be positioned so they cannot reach unsafe temperatures or be ignited by sparks or embers. The provision applies to both existing fireplaces used for burning fuel and those intended for such use.
Plain English — not legal advice.
Under Albany, N.Y., Code of Ordinances ch. 231 § 231-41, compliant property operators ensure that any fireplace or open-fire burning structure is connected to a properly approved chimney and installed with adequate clearance from combustible materials and structural members. Operators also verify that flame-exposed hearth components are constructed from materials rated to withstand high temperatures without melting, spalling, or disintegrating. Wood mantels and decorative trim are positioned and secured at distances that prevent them from reaching unsafe temperatures or being ignited by sparks or embers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Albany, N.Y., Code of Ordinances ch. 231 § 231-41 sets out specific safety requirements for fireplaces in rental units, including proper chimney connections, heat-resistant hearth materials, and safely placed wood mantels. If a fireplace in a rental unit appears to lack an approved chimney connection, shows signs of deteriorating hearth materials, or has mantels positioned dangerously close to the fire opening, these may constitute code violations. Tenants who observe such conditions can document them and report concerns to Albany's local code enforcement office, or reach out to a tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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