Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-27
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 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 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 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.
Mount Vernon Code ch. 149 § 149-27 establishes structural and fire-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, resists heat damage, and does not allow dangerous temperatures to reach nearby combustible materials. Additional rules prohibit connecting fuel-burning equipment from separate tenancies to a shared flue, and require spark arresters on chimneys connected to incinerators or those that may emit sparks.
Plain English — not legal advice.
Property owners and managers subject to Mount Vernon Code ch. 149 § 149-27 generally keep chimneys, flues, and gas vents structurally sound, smoketight, and free of cracks, corrosion, or spalling through routine inspection and maintenance. Compliant operators ensure that each tenancy's fuel-burning equipment and fireplaces connect only to dedicated flues—never a shared one—and that smoke pipe connections are limited to a single story per flue. Where incinerators or spark-emitting chimneys are present, operators install and maintain properly sized noncombustible spark arresters that allow free passage of flue gases while blocking embers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mount Vernon Code ch. 149 § 149-27, tenants have an interest in knowing that chimneys, flues, and gas vents serving their unit must be maintained in a safe, functional condition and that their heating equipment cannot lawfully share a flue with equipment in another tenancy. If a chimney appears cracked, blocked, or otherwise defective, tenants may report the condition to the appropriate Mount Vernon building or housing code enforcement office. Tenant-rights organizations can also 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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