Patchogue, N.Y., Code of Ordinances ch. 238 (eCode360 ed. 2026) § 238-40
Chimneys, flues and gas vents
Operative Text
A. 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. B. Such facilities shall effectively convey the products of combustion to the outer air. C. Masonry chimneys, except approved prefabricated chimneys, shall have noncombustible foundations. D. 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. E. Openings for smoke pipe or gas vent connections shall be provided with means for easy connection without restriction of the flue. F. No flue shall have smoke pipe or gas vent connections in more than one story of a building. G. Fuel-burning equipment and fireplaces located in different tenancies shall not be connected to the same flue. H. 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.
Section 238-40 of Patchogue's Code of Ordinances establishes structural and safety standards for chimneys, flues, and gas vents in residential and other buildings. These components must be built and kept in a condition that is structurally sound, smoketight, and noncombustible, and must effectively 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 restricts smoke pipe or gas vent connections to a single story per flue.
Plain English — not legal advice.
Under § 238-40, property owners and managers are generally expected to inspect and maintain all chimneys, flues, and gas vents so they remain structurally sound, smoketight, and free from deterioration such as cracking, corroding, or spalling. Compliant operators typically ensure that each tenancy's fuel-burning equipment and fireplaces are connected to dedicated flues rather than shared ones, and that flue connections are limited to a single story. Routine professional inspections and prompt repairs are characteristic of properties kept in compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 238-40 gives tenants a basis to raise concerns if chimneys, flues, or gas vents in their rental unit appear damaged, improperly shared between units, or otherwise unsafe. Tenants who observe signs of deterioration—such as visible cracking, smoke infiltration, or suspected cross-connections between units—may report these conditions to Patchogue's local code enforcement or housing inspection office. Tenant-rights organizations can also help residents understand how to document conditions and what remedies may be available under this provision.
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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