Brewster, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-26
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 and 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-pipe 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 arrestors. A chimney or flue connected to an incinerator and a chimney or flue which may emit sparks shall be provided with a spark arrestor of noncombustible construction. Spark arrestors shall have sufficient total clear area to permit unrestricted passage of flue gases. Openings in spark arrestors shall be of such size as to prevent passage of embers and to minimize clogging by soot.
Section 148-26 of Brewster, N.Y., Code of Ordinances Chapter 148 establishes structural, safety, and fire-protection standards for chimneys, flues, and gas vents in buildings. The rule requires these systems to be durable, smoketight, and noncombustible, and to safely carry combustion byproducts to the outside air. It also prohibits connecting fuel-burning equipment from different tenancies to the same flue, and mandates spark arrestors on chimneys connected to incinerators or those capable of emitting sparks.
Plain English — not legal advice.
Property owners and managers subject to § 148-26 of Brewster's Code generally keep chimneys, flues, and gas vents in a structurally sound, smoketight, and noncombustible condition through routine inspection and maintenance. Compliant operators ensure that each tenancy's fuel-burning equipment and fireplaces are connected to separate flues, and that no flue carries smoke-pipe or gas-vent connections across more than one story. Where incinerators or spark-emitting chimneys are present, operators install and maintain properly sized noncombustible spark arrestors that allow unrestricted flue-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.
Under § 148-26 of Brewster's Code, tenants have an interest in knowing that chimneys, flues, and gas vents serving their unit must meet specific safety and structural standards, including the requirement that combustible materials near these systems not reach unsafe temperatures. If a tenant observes signs of deterioration—such as cracking, corrosion, or smoke not properly venting—these conditions may constitute a code violation that can be raised with local housing or code enforcement authorities. Tenants can also consult a tenant-rights organization to understand how a violation of this provision might be relevant to their housing situation.
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.
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