Ocean Beach, N.Y., Code of Ordinances ch. 87 (eCode360 ed. 2026) § 87-6
Use of open flames in public places prohibited; spark arresters; exceptions
Operative Text
A. No person shall use or allow to be used any open flame, burning candle or candles in any public building or place of public assemblage, such as restaurants, bars, schools, stores, movie theaters and association halls or in connection with any public meeting or gathering, except in compliance with the following requirements and after approval of the Chief of the Fire Department: (1) Except for uses specified in Subsection A(2) herein: (a) The diameter of the base of the holder must be at least 1/2 the height of the candle or candleholder. (b) The base of the holder must support the candle on its entire perimeter. (c) The candle and flame must be substantially enclosed. (d) Any shade or similar device must be securely affixed to the candleholder and must be totally composed of fire-resistant materials. (e) The candleholder must be securely attached to its base. (f) The candle must be secured in its holder so that it will not easily separate if dropped. (g) The candle must be located in the holder so that there is a minimum of two inches between the top of the flame and any combustible material that might be placed on top of the holder. (h) All materials except the candle itself shall be noncombustible. (2) Candles used in connection with religious ceremonies. (a) Candles used in places of worship shall be limited to areas out of the reach or way of occupants using the area. (b) Candelabra shall be located away from occupants using the area and away from possible contact with drapes, curtains and other combustibles. B. Installation of spark arresters. Every chimney or flue connected to any incinerator of whatsoever kind, nature or description hereafter placed or erected or used in any building of any kind, nature or description in the Village of Ocean Beach shall be equipped with a suitable screened spark arrester consistent with the New York State Building and Fire Codes. Within 30 days from the effective date of this subsection, all chimneys and flues for all buildings of whatsoever kind or description then in existence in the Village of Ocean Beach shall be equipped with a suitable screened spark arrester of a type approved by the New York State Building and Fire Codes. It shall be the duty of the Fire Inspector of the Village of Ocean Beach to make annual inspections of all chimneys and flues of all buildings within the Village of Ocean Beach for the purpose of approving or disapproving all spark arresters. C. This section shall not apply to the use of electric, propane gas grill or barbecue as provided in § 87-13 of this Code.
Ocean Beach, N.Y., Code of Ordinances ch. 87 § 87-6 establishes rules governing open flames and spark arresters in the village. Open flames and candles in public buildings or gathering places are prohibited unless specific physical safety requirements are met and the Fire Department Chief has granted approval; candles used in religious ceremonies are subject to their own placement restrictions. Separately, all chimneys and flues connected to incinerators must be fitted with screened spark arresters meeting New York State Building and Fire Codes, with the village Fire Inspector conducting annual inspections to verify compliance. Electric appliances, propane gas grills, and barbecues covered under § 87-13 are exempt from this section.
Plain English — not legal advice.
Property owners and managers operating public-facing buildings in Ocean Beach — including restaurants, bars, stores, and assembly halls — generally ensure that any candle use meets the detailed physical specifications set out in § 87-6, such as proper holder dimensions, fire-resistant materials, and adequate clearance between flame and combustibles, and that prior written approval from the Chief of the Fire Department is obtained before any open flame is used. Operators with chimneys or flues connected to incinerators are expected to install screened spark arresters that conform to New York State Building and Fire Codes and to maintain them in a condition that will pass the annual inspection conducted by the village Fire Inspector. Keeping documentation of Fire Department approvals and spark arrester installation records is a practice commonly associated with compliance under § 87-6.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and occupants of public spaces in Ocean Beach have an interest in knowing that § 87-6 sets enforceable standards for open-flame use and chimney safety in buildings they frequent. If a tenant believes a landlord or business operator is using open flames without the required Fire Department Chief approval, or that a chimney lacks a properly approved spark arrester, they may report the concern to the village Fire Inspector, who is specifically charged under § 87-6 with conducting annual inspections and approving or disapproving spark arresters. Tenant-rights organizations or a local attorney familiar with New York fire and housing codes can help individuals understand what options may be available when safety concerns arise.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation