Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-28
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 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. 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.
Section 93-28 of Waverly's Code of Ordinances establishes structural and safety standards for chimneys, flues, and gas vents in buildings. These systems must be built and kept in a condition that is structurally sound, smoketight, and capable of safely carrying combustion byproducts to the outside air without deteriorating. The provision also requires that fuel-burning equipment in separate tenancies use separate flues, and that chimneys connected to incinerators or those capable of emitting sparks be fitted with properly designed spark arresters.
Plain English — not legal advice.
Under § 93-28, property owners and managers are generally expected to ensure that all chimneys, flues, and gas vents are installed with appropriate materials, maintained in sound condition, and inspected regularly for signs of cracking, corrosion, or deterioration. Compliant operators keep fuel-burning equipment in different tenant units connected to separate flues, and they equip any incinerator-connected or spark-emitting chimney with a noncombustible spark arrester that allows free passage of flue gases while blocking embers. Routine documentation of maintenance and inspections helps demonstrate ongoing compliance with the structural and operational requirements of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 93-28 gives tenants a basis to raise concerns if chimneys, flues, or gas vents in their building appear damaged, improperly shared between units, or lacking required spark arresters, as these conditions may constitute code violations. Tenants who observe signs of deterioration—such as visible cracking, smoke infiltration, or sparks—may report these issues to the local code enforcement or housing authority in Waverly. Tenant-rights organizations can help residents understand what documentation to gather and what local complaint processes 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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