Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-40
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. 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.
Oyster Bay Code ch. 135 § 135-40 establishes structural and fire-safety standards for chimneys, flues, and gas vents in residential and other buildings. These systems must be built and kept in a condition that is structurally sound, smoketight, and noncombustible, and must safely carry combustion byproducts to the outside air. The provision also prohibits connecting fuel-burning equipment or fireplaces from different tenancies to the same 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 Oyster Bay Code ch. 135 § 135-40 generally keep chimneys, flues, and gas vents in good structural repair, ensuring they remain smoketight and capable of safely venting combustion gases. Compliant operators verify that each tenancy's fuel-burning equipment and fireplaces connect only to dedicated flues — never shared across different tenancies — and that smoke pipe connections are limited to a single story per flue. Where incinerators or spark-emitting chimneys are present, operators install and 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 Oyster Bay Code ch. 135 § 135-40, tenants have an interest in knowing that chimneys, flues, and gas vents serving their unit must be maintained in a safe, structurally sound, and smoketight condition by the property owner. If a tenant observes signs of chimney deterioration, improper venting, or suspects that their fuel-burning equipment shares a flue with another tenancy in violation of this provision, they may document the concern and report it to the appropriate Oyster Bay municipal code enforcement office. Tenant-rights organizations can also help residents understand how to raise a housing code violation and what remedies may be available.
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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