Elmira, N.Y., Code ch. 8, art. V § 8-423
Chimneys, flues and gas vents
Operative Text
13-95.1. General. (a) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be structurally safe, durable, smoketight and noncombustible. Supports shall be structurally safe and of noncombustible construction. (b) Such facilities shall effectively convey the products of combustion to the outer air. (c) Chimneys and metal smokestacks shall have sufficient clearance from building construction, in accordance with generally accepted standards. (d) No flue shall have smoke pipe or gas vent connections in more than one story of a building. (e) Fireplaces and fuel-burning equipment (except fuel-burning equipment located in a basement) located in different dwelling units shall not be connected to the same flue. (f) A single-wall metal smoke pipe or connecter shall not pass through a floor, attic, inside wall, partition or concealed space. (g) A single-wall metal smoke pipe or connecter passing through an exterior wall or a roof shall be guarded at the point of passage by a suitable metal collar. (h) Incinerator flues equipped with service openings shall not be used as flues for other fuel-burning equipment. (i) Chimneys and flues connected to equipment burning solid or liquid fuel shall have a suitable soot pocket and clean-out door at the base. 13-95.2. Draft. Chimneys, flues and gas vents shall be installed and maintained to provide sufficient draft. 13-95.3. Fire safety. Chimneys, flues and gas vents shall be installed and maintained so that the surface temperature of adjacent combustible construction does not exceed 175 degrees Fahrenheit. 13-95.4. Spark arresters. A chimney or flue connected to an incinerator, and a chimney or flue which emits 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 gasses. Openings in spark arresters shall be of such size as to prevent passage of embers and to minimize clogging by soot.
Elmira Code ch. 8, art. V § 8-423 establishes structural and safety standards for chimneys, flues, gas vents, smoke pipes, and related components in residential and other buildings. These components must be built and maintained to safely carry combustion byproducts outside, maintain adequate draft, keep adjacent surfaces below 175°F, and — where connected to incinerators or spark-emitting equipment — include properly designed spark arresters. The code also sets specific rules about how flues may be shared, how single-wall metal pipes may be routed, and what clean-out access is required for solid- or liquid-fuel systems.
Plain English — not legal advice.
Property owners and managers subject to Elmira Code ch. 8, art. V § 8-423 generally ensure that all chimneys, flues, gas vents, and smoke pipes are inspected and maintained in structurally sound, smoketight, and noncombustible condition. Compliant operators typically verify that no single flue serves dwelling units in more than one story or connects fireplaces and fuel-burning equipment from separate units, and that solid- or liquid-fuel flues have accessible soot pockets and clean-out doors. Where incinerators or spark-emitting equipment are present, operators commonly confirm that properly sized, noncombustible spark arresters are installed and kept clear of soot buildup.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Elmira Code ch. 8, art. V § 8-423, tenants have an interest in knowing that chimneys, flues, and gas vents serving their dwelling must be maintained to safely vent combustion gases and keep nearby surfaces from overheating. If a tenant observes signs of a faulty flue, inadequate draft, or missing safety components such as spark arresters or clean-out doors, they may consider documenting the condition and contacting the local code enforcement or housing inspection office in Elmira. Tenant-rights organizations can also help residents understand what options are available when a landlord may not be meeting these structural and fire-safety requirements.
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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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