Mineola, N.Y., Code of Ordinances ch. 300 (eCode360 ed. 2026) § 300-34
Chimneys, flues and gas vents
Operative Text
A. General. (1) Chimneys, smokestacks, flues, gas vents, smoke pipes, and connectors shall be structurally safe, durable, smoketight, and noncombustible. Supports shall be structurally safe and of noncombustible construction. (2) Such facilities shall effectively convey the products of combustion to the outer air. (3) Masonry chimneys shall have noncombustible foundations. (4) Chimneys and metal smokestacks shall have sufficient clearance from building construction, in accordance with generally accepted standards. (5) No flue shall have smoke pipe or gas vent connections in more than one story of a building. (6) Fireplaces and fuel-burning equipment located in different dwelling units shall not be connected to the same flue. (7) A single-wall metal smoke pipe or connector shall not pass through a floor, attic, inside wall, partition, or concealed space. (8) A single-wall metal smoke pipe or connector passing through an exterior wall or a roof shall be guarded at the point of passage by a suitable metal collar. (9) Incinerator flues equipped with service openings shall not be used as flues for other fuel-burning equipment. (10) Chimneys and flues connected to equipment burning solid or liquid fuel shall have a suitable soot pocket and cleanout door at the base. B. Draft. Chimneys, flues, and gas vents shall be installed and maintained to provide sufficient draft. C. Firesafety. Chimneys, flues, and gas vents shall be installed and maintained so that the surface temperature of adjacent combustible construction does not exceed 175° F. D. Spark arresters. A chimney or flue connected to an incinerator, and a chimney or flue which emits 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.
Mineola, N.Y., Code of Ordinances ch. 300 § 300-34 establishes comprehensive structural and safety standards for chimneys, flues, gas vents, smoke pipes, and related components in buildings. The rule requires these systems to be structurally sound, noncombustible, and capable of safely venting combustion byproducts to the outside, while prohibiting configurations such as shared flues between separate dwelling units or single-wall metal pipes running through concealed interior spaces. Additional requirements address adequate draft, limiting heat transfer to adjacent combustible surfaces (no more than 175°F), and the use of spark arresters on incinerator-connected or spark-emitting chimneys.
Plain English — not legal advice.
Property owners and managers subject to Mineola, N.Y., Code of Ordinances ch. 300 § 300-34 generally keep all chimney, flue, and gas vent systems in structurally safe, smoketight, and noncombustible condition through routine inspection and maintenance. Compliant operators ensure that each dwelling unit's fireplace or fuel-burning equipment connects to its own dedicated flue, that soot pockets and cleanout doors are present where solid or liquid fuel is burned, and that any chimney or flue serving an incinerator is fitted with a properly sized noncombustible spark arrester. Maintaining documentation of inspections and any corrective work helps demonstrate ongoing compliance with the section's structural, draft, fire-safety, and spark-arrester requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mineola, N.Y., Code of Ordinances ch. 300 § 300-34, tenants have an interest in knowing that chimneys, flues, and gas vents in their building must be kept safe, properly vented, and maintained so that heat to nearby combustible materials does not exceed 175°F. If a tenant observes signs of a defective or improperly configured chimney or flue—such as smoke backdrafting, visible deterioration, or sparks—they may report the condition to the local code enforcement or housing authority responsible for enforcing ch. 300. Tenant-rights organizations and legal aid resources can help residents understand what remedies or complaint processes may be available under local housing codes.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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