Oswego, N.Y., Code of Ordinances ch. 149 § 149-28
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 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. Fire safety. 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.
Section 149-28 of Oswego's Code of Ordinances establishes structural and 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, smoke-tight, and capable of safely venting combustion gases to the outside without deteriorating. It also prohibits connecting fuel-burning equipment from separate tenancies to the same flue, limits smoke pipe connections to a single story per flue, and requires spark arresters on chimneys connected to incinerators or those that may emit sparks.
Plain English — not legal advice.
Property owners and managers subject to ch. 149 § 149-28 of the Oswego Code of Ordinances generally keep chimneys, flues, and gas vents in a structurally sound, smoke-tight, and non-deteriorating condition through routine inspection and timely repair. Compliant operators ensure that fuel-burning equipment serving different tenant units is never connected to a shared flue, and that no single flue carries smoke pipe connections from more than one story. Where incinerators or spark-emitting chimneys are present, operators 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 § 149-28 of the Oswego Code of Ordinances, tenants have a right to chimneys, flues, and gas vents that are safely maintained and capable of properly venting combustion gases — conditions that are the landlord's responsibility to uphold. If a tenant notices signs of chimney deterioration, smoke infiltration, or shared flue connections between units, these may constitute code violations that can be reported to the appropriate Oswego code enforcement authority. Tenants may also wish to consult a local tenant-rights organization to understand how a violation of § 149-28 could be raised in relevant housing proceedings.
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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