Clarkstown, N.Y., Code of Ordinances ch. 157 (eCode360 ed. 2026) § 157-28
Chimneys, flues and gas vents
Operative Text
A. General requirements. (1) Chimneys, flues, gas vents and their supports shall be installed and maintained so as to be structurally safe, durable, smoketight, noncombustible and capable of withstanding the action of flue gases without softening, cracking, corroding or spalling. (2) Such facilities shall effectively convey the products of combustion to the outer air. (3) Masonry chimneys, except approved prefabricated chimneys, shall have noncombustible foundations. (4) Flue linings shall be capable of withstanding the action of flue gas without softening, cracking, corroding or spalling at the temperature to which they will be subjected. (5) Openings for smoke pipe or gas vent connections shall be provided with means for easy connection without restriction of the flue. (6) No flue shall have smoke pipe or gas vent connections in more than one story of a building. (7) Fuel-burning equipment and fireplaces located in different tenancies shall not be connected to the flue. B. Firesafety. Chimneys, flues and gas vents shall be installed and maintained so that under conditions of use the temperature of any combustible material adjacent thereto, insulated therefrom or in contact therewith does not exceed a safe temperature. C. Spark arresters. A chimney or flue connected to an incinerator and a chimney or flue which may emit sparks shall be provided with a spark arrester of noncombustible construction. Spark arresters shall have sufficient total clear area to permit unrestricted passage of flue gases. Openings in spark arresters shall be of such size as to prevent passage of embers and to minimize clogging by soot.
Clarkstown, N.Y., Code of Ordinances ch. 157 § 157-28 establishes structural and safety standards for chimneys, flues, and gas vents in buildings. These systems must be built and kept in a condition that safely carries combustion byproducts to the outside air, resists heat damage, and does not allow dangerous temperatures to reach nearby combustible materials. Where a chimney or flue connects to an incinerator or could emit sparks, a properly designed spark arrester must be installed to block embers while still allowing gases to flow freely.
Plain English — not legal advice.
Under Clarkstown Code § 157-28, property owners and managers are generally expected to inspect and maintain all chimneys, flues, and gas vents so they remain structurally sound, smoketight, and free of cracks, corrosion, or spalling. Compliant operators typically ensure that fuel-burning equipment serving separate tenancies is never connected to a shared flue, and that each flue serves connections on only one story. Where incinerators or spark-emitting appliances are present, operators generally install and maintain noncombustible spark arresters with adequate open area to prevent ember passage and minimize soot buildup.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Clarkstown Code § 157-28 gives tenants a basis to raise concerns when chimneys, flues, or gas vents in their building appear damaged, improperly shared between units, or otherwise unsafe. Tenants who observe cracked masonry, signs of smoke leakage, or missing spark arresters on incinerator flues may report these conditions to the local code enforcement or building department. Tenant-rights organizations can help residents understand how to document such conditions and what complaint or inspection processes may be available under local housing codes.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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