Rye, N.Y., Code of Ordinances ch. 108 § 108-28
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 the 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 of 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.
Rye, N.Y., Code of Ordinances ch. 108 § 108-28 establishes structural and safety standards for chimneys, flues, and gas vents in buildings. These components must be built and kept in a condition that safely carries combustion byproducts to the outside air, resists heat damage, and does not allow dangerous temperatures to reach nearby combustible materials. Where a chimney or flue connects to an incinerator or could emit sparks, a properly designed spark arrester must be installed to prevent embers from escaping while still allowing flue gases to pass freely.
Plain English — not legal advice.
Under Rye, N.Y., Code of Ordinances ch. 108 § 108-28, compliant property operators generally keep chimneys, flues, and gas vents structurally sound, smoketight, and free of cracks, corrosion, or spalling through routine inspection and maintenance. Operators ensure that fuel-burning equipment serving separate tenancies is connected to separate flues, and that no single flue accepts smoke pipe or gas vent connections from more than one story. Where incinerators or spark-emitting appliances are present, operators install and maintain noncombustible spark arresters sized to allow unrestricted gas passage while blocking embers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Rye, N.Y., Code of Ordinances ch. 108 § 108-28 sets minimum conditions that chimneys, flues, and gas vents in a rental property must meet, including structural integrity, proper venting of combustion gases, and fire-safe clearances from combustible materials. If a tenant observes signs of deterioration—such as visible cracks, smoke infiltration, or sparks escaping a chimney—those conditions may represent a violation of this provision. Tenants can document concerns in writing to their landlord, contact the City of Rye's code enforcement office to request an inspection, or reach out to a local tenant-rights organization to understand available options.
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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