Hornell, N.Y., Code of Ordinances ch. 178 § 178-27
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 pipes 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 same 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 arrestors 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.
Section 178-27 of Hornell's Code of Ordinances establishes structural and fire-safety standards for chimneys, flues, and gas vents in residential and other buildings. The rule requires that these systems be built and kept in a condition that is structurally sound, smoketight, and capable of safely carrying combustion byproducts to the outside air without deteriorating. It also prohibits connecting fuel-burning equipment or fireplaces from different tenant units to the same flue, and requires spark arresters on chimneys connected to incinerators or those that may emit sparks.
Plain English — not legal advice.
Under § 178-27, property owners and managers are generally expected to inspect and maintain all chimneys, flues, and gas vents so they remain structurally intact, smoketight, and free from cracking, corrosion, or spalling. Compliant operators ensure that each tenancy's fuel-burning equipment and fireplaces are connected to separate, dedicated flues, and that any chimney connected to an incinerator or capable of emitting sparks is fitted with a properly sized noncombustible spark arrester. Routine professional inspections and prompt repairs are the kinds of practices that support ongoing compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 178-27 gives tenants a basis to raise concerns if 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 may report these conditions to the City of Hornell's code enforcement office, which is responsible for overseeing compliance with Chapter 178. Tenant-rights organizations can help residents understand what documentation to gather and what local complaint processes may be available.
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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