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Village of Russell Gardens, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Russell Gardens 1-11-1982 as L.L. No. 1-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 12.
[Amended 12-5-2019 by L.L. No. 22-2019]
No owner, agent or person in possession of any structure within the Village shall commence with the construction or installation of any chimney, fireplace, stovepipe or wood- or coal-burning stove or appliance unless such person first obtains a permit from the Village therefor. The fee for such permit shall be as established in the Miscellaneous Fee Schedule adopted by resolution of the Board of Trustees. The fee schedule may be amended from time to time by like resolution and shall be available in the office of the Village Clerk.
All wood- or coal-burning stoves or appliances installed in accordance with this chapter shall be at least 36 inches from all combustible materials. Where clearance is less than 36 inches but more than 18 inches, the combustible surface shall be protected by one-fourth-inch asbestos millboard or equivalently rated material, spaced one inch or more from the combustible surface. Adequate space shall be provided to permit air circulation. If clearance is less than 18 inches but more than 12 inches, the combustible wall shall be protected with a four-inch brick veneer wall or equivalently rated material, extending two feet beyond each side. All other installations shall be as follows:
A. 
All wood- or coal-burning stoves or appliances that have a circulating device shall be at least 24 inches from a combustible surface unless the appliance has a rating for lesser distances from the combustible surface.
B. 
If the distance of any circulating wood- or coal-burning stove or appliance is 12 inches to 24 inches from the noncombustible surface, the surface shall be protected by one-fourth-inch asbestos millboard or equivalently rated material, spaced one inch or more from the walls with adequate one-inch spacing from the floor to permit air circulation between the wall and shield.
C. 
If the circulating wood- or coal-burning stove or appliance is eight inches to 12 inches from the noncombustible surface, the surface shall be protected by one-fourth-inch asbestos millboard or equivalently rated material, covered with No. 28 gauge metal spaced one inch or more from the wall and floor to permit air circulation.
D. 
Noncombustible floor material shall extend at least 18 inches beyond the opening from which ashes are removed and at least six inches beyond the sides and rear.
E. 
Where stove legs are at least 18 inches above a combustible surface, a No. 24 gauge sheet metal shall be used below same.
F. 
Where stove legs are between six and 18 inches above a combustible surface, a No. 24 gauge sheet metal over a one-fourth-inch layer of asbestos millboard or equivalently rated material shall be used below same.
G. 
Where stove legs are six inches or less above a combustible surface, a four-inch hollow masonry pad or equivalently rated material shall be used below same.
A. 
All stovepipes shall be equal to or larger than the appliance flue connector.
B. 
All connector pipe shall be of a minimum of No. 24 gauge black pipe or heavier.
C. 
All connector pipe shall rise from the stove toward the chimney at least 1/4 inch per foot or more.
D. 
The crimped end of the chimney connector pipe shall point toward the stove. Adapters may be used to permit the crimped end to point toward the stove.
E. 
Single wall connector pipe shall not pass through the floor or wall, except under the following conditions:
(1) 
Where a ventilated-type metal thimble is used and is 12 inches greater in diameter than the chimney connector.
(2) 
Where a metal or burned fireclay thimble is used and the thimble is surrounded on all sides by not less than eight inches of brickwork or material of equivalent rating.
(3) 
When all combustible material is removed for a sufficient distance to provide not less than 18 inches clearance on all sides of the connector, except that any materials used to close this opening must be noncombustible insulating material.
(4) 
When the section of the connector pipe passing through the combustible material is replaced by a properly installed section of factory-built insulated Class A pipe for solid fuels.
F. 
All stovepipes shall be a minimum of 18 inches from a combustible surface.
G. 
If the stovepipe is 12 inches to 18 inches from combustible surfaces, the surface shall be covered with one-fourth-inch asbestos millboard or equivalently rated material, spaced one inch from the wall or ceiling used as a shield.
H. 
If the stovepipe is nine inches to 12 inches from combustible surfaces, the surface shall be covered with one-fourth-inch asbestos millboard or equivalently rated material, with a No. 28 gauge sheet metal spaced one inch from the wall or ceiling.
A. 
Except as herein provided, all chimneys in every structure hereafter erected and all chimneys hereafter altered or rebuilt shall be constructed of brick, stone or reinforced concrete or Underwriters' Laboratories listed Class A chimney. No masonry chimneys shall have walls less than four inches in thickness, and all chimneys shall be lined on the inside with fireclay chimney tile set in portland cement mortar. The lining shall be continuous from the bottom of the flue to its extreme height. No chimney shall be corbeled out more than six inches from a brick wall, and such corbeling shall consist of not less than five courses of brick, unless the chimney requires special construction, and then any specially constructed chimney shall not be corbeled out to such extent that the center of gravity of the chimney would be located so as to endanger the structure.
B. 
All chimneys shall project at least three feet above the point of contact with a flat roof or two feet above any roof surface within 10 feet horizontally of the chimney. Portland cement may be used in the construction of chimneys with the addition of not more than 10% by volume of hydrated lime. No chimney in any building shall have wooden supports of any kind. Supports shall be noncombustible and shall rest upon the ground or foundation walls. Concrete footings under new chimneys shall be as the State Building Code specifies for concrete footings under foundation walls. All chimneys which are dangerous from any cause shall be repaired and made safe or taken down.
C. 
The fireback of every fireplace hereafter erected shall not be less than eight inches in thickness of solid brickwork or air-cell construction, nor less than 12 inches of stone lined with firebrick. When a grate is set in a fireplace, a lining of firebrick at least two inches in thickness shall be added to the fireback, or soapstone, fireclay or cast iron may be used if solidly backed with brick or concrete. All smoke pipes shall enter the chimney through a flue thimble or its equivalent such that the construction shall make a fire-tight joint with the chimney tile flue liner.
D. 
All flue holes when not in use shall be closed with tight-fitting metal covers. No wooden beams or hoists shall be placed within one inch of the outside face of the chimney or flue, whether the same is for smoke, air or any purpose, except for hot-air flues for heating purposes. No woodwork shall be within four inches of the back wall of any fireplace, except if a chimney is built such that the thickness from the flue line is eight inches or more. Necessary woodwork may be placed against the chimney by using asbestos sheeting or equivalently rated material between and around the wood so placed under approval of the Building Inspector.
Any person committing an offense against any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, Penalties.