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Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
CHIMNEY
That part of a building which contains one or more flues for transmitting the products of combustion from some fireplace or heating device to the outer air, and includes the fireplace when there is one.
DUCT
A passage constructed of sheet metal or other approved incombustible material and used only for the transmission of air, whether fresh, heated or vitiated.
FLUE
A passage, enclosed on all sides with solid masonry or reinforced concrete, and used only for the transmission of air, whether fresh, heated or vitiated, or the products of combustion from solid fuel or liquid fuel, and designated respectively as a "vent flue" or "smoke flue."
SMOKE PIPE
A passage constructed of metal and used as an intermediate connection between a heat-producing device and a chimney or metal stack for the transmission of the products of combustion.
B. 
Notice of installation. In case heat-producing appliances or furnaces are hereafter placed in any building, or flues or fireplaces are installed, changed or enlarged, and such installation or alteration necessitates any change in any structural parts of the building, due notice shall be given to the Superintendent of Buildings by the person doing such work or causing the same to be done, and a permit secured from him if necessary. In all instances, all work shall be in conformance to the New York State Building and Fire Codes.
A. 
For the purpose of this article, heat-producing devices shall be graded as:
(1) 
Low, including baker's ovens; boiling vats; candy furnaces; clay, coke and gypsum tripoli kilns; coffee-roasting ovens; cooking ranges; core ovens; cruller furnaces; drying furnaces by spent materials; feed-drying ovens; fertilizer-drying ovens; forge furnaces; gas-producers gypsum kilns; hardening furnaces (below dark red); hot-air engine furnaces; hot-air heating furnaces; hot water and low-pressure steam heating boilers; japanning ovens; ladle-drying furnaces; lead-melting furnaces; rosin-melting furnaces, steratype furnaces; sulphur furnaces; type-foundry furnaces; wood-drying furnaces; wood-impregnating furnaces.
(2) 
Medium, including alabaster gypsum kilns; charcoal furnaces; direct fire-heated feed driers; direct fire-heated fertilizer driers; direct fire-heated pulp driers, galvanizing furnaces; glass factory lehrs and glory holes; hardening furnaces (cherry to pale red); lime kilns; porcelain biscuit kilns; smokehouses; steam boilers, other than low-pressure heating boilers; water-glass kilns; wood-distilling furnaces; wood gas retorts.
(3) 
High, including annealing furnaces; Bessemer retorts; billet and bloom furnaces; blast furnaces; bone-calcining furnaces; brass furnaces; carbon-point furnaces; cement, brick and tile kilns; coal and water gas retorts; cupolas; earthenware kilns; gas blow furnaces; glass-smelting furnaces; glass kilns; open-hearth furnaces; ore-roasting furnaces; porcelain baking and glazing kilns; pot arches; puddling furnaces; regenerative furnaces; reverberatory furnaces; stacks, carburetor or superheating furnaces in water gas works; welding furnaces; wood carbonizing furnaces.
B. 
In doubtful cases, the Superintendent of Buildings shall by a rule designate the grade of any heat-producing device, being governed in doing so by the degree and amount of heat transmitted.
A. 
Construction. Except as in this article otherwise provided, every chimney hereafter erected shall be of brick or stone laid in cement mortar, or of reinforced concrete, extending above the highest point of the roof and at least four feet above the highest point of contact with the roof. Every chimney shall be properly capped with terra-cotta, stone, cast iron or other approved incombustible, weatherproof material, except that on buildings 40 feet or less in height, the top courses of a brick chimney may be finished off by being carefully bonded and anchored together to serve as coping.
B. 
Supports. All chimneys shall be wholly supported by stone, brick or self-supporting fireproof construction. No chimney shall rest or be built upon any wood construction.
C. 
Flues for low-grade devices. The smoke flues of stoves, cooking ranges, hot-air, hot-water and low-pressure steam heating furnaces, and all other heat-producing devices graded as "low," shall be encased in brickwork or concrete not less than eight inches thick, except for smoke flues exclusively used for ordinary stoves, ranges, or open fireplaces, when no combustible studding, furring or sheathing is placed against it, such brickwork or concrete may be reduced to not less than four inches. In chimneys of stone, the stone work of such flues shall be four inches thicker than required for brick. Every flue coming under the provisions of this subsection, hereafter erected, shall be of well-burnt terra-cotta pipe from the bottom of the flue or from the throat of the fireplace if the flue starts from a fireplace, for the entire height of the chimney. Such lining pipes shall be built in as the flues are carried up, laid end to end in cement mortar so as to make a smooth flue. Where two or more smoke flues are contained in the same chimney, the withes shall be either brick not less than four inches thick or concrete or grout not less than one inch thick; provided, however, that every third with shall consist of brick.
D. 
Flues for medium-grade devices. The smoke flues of high-pressure steam boilers, smokehouses and all other heat-producing devices graded as "medium" shall be encased in brickwork or concrete not less than eight inches thick, or stonework not less than 12 inches thick, and in addition shall be lined with not less than four inches of firebrick, laid in fire mortar, for a distance of at least 25 feet from the point where the smoke connection of the device enters the flue.
E. 
Flues for high-grade devices. The smoke flues of cupolas, brass furnaces, porcelain baking kilns and all other heat-producing devices graded as "high" shall be built with double walls, each not less than eight inches in thickness, with an air space of not less than two inches between them. The inside of the interior walls shall be of firebrick not less than four inches in thickness.
F. 
Certain flues required. In every building hereafter erected exceeding 40 feet in height, where one or more smoke flues start from the cellar or lowest story, at least one such flue shall have an internal cross-sectional area of not less than 96 square inches and shall start not less than three feet below the ceiling. No flue hereafter erected shall have smoke pipe connections in more than one story of a building.
G. 
Flues to be clean and chimney safe. Upon the completion of any new building or an alteration in any flues of an existing building, the flues shall be properly cleaned and left smooth on the inside. Any chimney which shall be deemed unsafe by the Superintendent of Buildings shall be repaired and made safe or taken down.
H. 
Unlawful use of flues. It shall be unlawful to use as a smoke flue any flue hereafter erected or placed in any building or any flue now existing and not already used as a smoke flue, unless it conforms to the requirements of this section. Nothing in this article, however, shall prevent the use of approved metal flue linings for the repair or alteration of flues in residence buildings.
I. 
Raising adjoining chimneys.
(1) 
Whenever a building, wall or structure is hereafter erected, altered, enlarged or raised so that any of the walls, whether independent or partly along a property line or within three feet thereof, extends above the top of any chimney, smoke flue or smokestack of an adjoining building or structure, the owner of the building, wall or structure so erected, altered, enlarged or raised shall, at his own expense, carry up, either independently or in his own building, wall or structure, all chimneys, smoke flues and smokestacks of such adjoining building or structure within 10 feet of any portion of the wall extending above such chimney, flue or stack. The construction of such chimneys, flues or stacks shall conform to the requirements of this article applying thereto, but in no case shall the interior area of any flue or stack as raised be less than that of the existing flue or stack. All such chimneys, flues or stacks shall be carried above the walls in question to the heights prescribed and shall furthermore be so constructed, supported and braced as to be at all times safe.
(2) 
It shall be the duty of the owner of the building, wall or structure to be erected, altered, enlarged or raised to notify in writing, at least 10 days before such work is begun, the owner of the chimneys, flues or stacks affected, of his intention to carry up such chimneys, flues or stacks as herein provided, and unless released in writing, he shall carry up such chimneys, flues or stacks simultaneously with the walls.
A. 
Firebacks. The firebacks of all fireplaces hereafter erected shall be not less than eight inches in thickness of solid masonry. A lining of firebrick or other approved material at least two inches thick shall be provided unless the fireback is 12 inches in thickness.
B. 
Trimmer arches. All fireplaces and chimney breasts where mantels are placed, whether intended for ordinary fireplace use or not, shall have trimmer arches of fireproof construction supporting hearths. The arches and hearths shall be at least 20 inches in width measured from the face of the chimney breast. Trimmer arches shall be of brick, stone, terra-cotta or reinforced concrete. The length of the trimmer arch shall not be less than the width of the chimney breast, and the length of the hearth shall be not less than the width of the mantel. The hearths shall be of brick, stone, tile or other approved fireproof material. The combined thickness of trimmer arch and hearth shall at no point be less than six inches. Wood centers under trimmer arches shall be removed before plastering the ceiling and underneath.
C. 
Heaters. No heaters shall be placed in a fireplace which does not conform to the foregoing requirements of this section.
D. 
Mantels. No wood mantel or other woodwork shall be hereafter placed within eight inches on either side nor within 12 inches of the top of any open fireplace. If a coal-burning heater is placed in a fireplace, any mantel that may be provided shall be of incombustible material. No combustible summer piece or fireboard shall be used in connection with any open fireplace. All spaces back of combustible mantels shall be solidly filled in with incombustible material.
E. 
False fireplaces. False fireplaces using summer pieces or fireboards shall not be placed in any building except against an unfurred masonry or fireproof partition.
A. 
Construction. Metal smokestacks must be constructed in accordance with the New York State Building and Fire Codes.
B. 
Height. All such stacks serving high-grade heat-producing devices shall extend to a height of not less than that required by the New York State Building Codes.
C. 
Independent stacks. All such stacks hereafter erected outside and independent of any building shall be supported on a substantial masonry foundation.
D. 
Exterior stacks. Any such stacks or any part thereof hereafter erected on the immediate exterior of the building it serves shall be braced to such building at least every 20 feet. It shall have a clearance of not less than four inches from the walls of a fireproof or non-fireproof building and not less than 24 inches from the walls of a frame building; and a clearance of not less than 24 inches in any direction from any wall opening, fire escape or exit facility, unless such stack is insulated in some approved manner, in which case the clearances herein provided may be reduced by an amount fixed by the Superintendent of Buildings when approving the insulation.
E. 
Interior stacks. Any such stack or part thereof hereafter erected within any building shall be enclosed in walls of approved masonry; or, if in a fireproof building, such stack or part thereof shall be enclosed in walls of brick, terra-cotta blocks or concrete not less than eight inches thick, with a space left between the stack and the enclosing walls sufficient to render the entire stack accessible for examination and repair. The enclosing walls shall be without openings above the story at which it starts.
F. 
Prohibition. Smokestacks shall not be carried up inside of vent stacks or flues connected to ranges, unless such vent stacks or flues are constructed as required by this article for smokestacks or smoke flues.
Chimneys of cupola furnaces, blast furnaces and similar devices shall extend at least 20 feet above the highest point of any roof within a radius of 50 feet thereof and be covered on the top with wire netting or another approved spark-arrester. No woodwork shall be within three feet of any part of such device or its chimney.
Underground smoke flues shall be covered with at least 12 inches of solid masonry, or an approved equivalent insulation. If clean-out openings are installed, they shall be provided with approved double iron doors or covers, of which the two parts are 12 inches apart, with the intervening space filled with insulating material. No combustible flooring shall be laid over any such flues.
A. 
Commercial kitchen ranges. When kitchen ranges are to be installed in any building hereafter erected, all commercially used installations shall be with an exhaust hood and fire suppression system as per the New York State codes.
B. 
Hoods over ranges. All hoods and ducts for same placed over commercially used ranges shall be constructed of incombustible materials as per the New York State Mechanical Code.
All registers used in hot-air furnace heating systems, placed in any woodwork or incombustible floor, shall rest upon stone or iron borders firmly set in plaster of paris or gauged mortar. All register boxes used in any such heating system shall be made of tin plate or galvanized iron with a flange to fit the rabbet in the border. The register box shall be enclosed in a tin or galvanized iron casing turned under the border and spaced at least two inches from the sides of box. Such casing shall extend from the border to and through the ceiling below in the case of a floor register and through the partition in the case of a wall register. When a register box is placed in the floor over a portable furnace, the space on all sides between the casing and the register box shall be not less than four inches. Every hot-air furnace shall have at least one register without a valve or louvers.
Flues hereafter erected for the removal of foul air or the transmission of heated air shall be encased in masonry not less than four inches thick and shall be lined with terra-cotta or other approved incombustible material. Not more than one gas-burning device shall be direct-connected with any flue, not shall any such device be connected to any flue used as a smoke flue.
A. 
General. Except as may be otherwise specifically permitted or prescribed, the transmission of air through buildings for heating or ventilation shall be by means of ducts constructed in conformity with the New York State Mechanical Code.
B. 
Casing. No casing, furring or lath of wood shall be placed against or cover a duct of any kind; but this shall not prevent the placing of woodwork on a covering over such ducts of metal lath and plaster, plaster board, provided the thickness of the covering is not less than 7/8 of an inch or minimum per code.
C. 
In partitions. Ducts hereafter placed in combustible partitions shall be placed in accordance with the New York State Building Codes.
D. 
In floors. Ducts hereafter placed between the flooring and ceiling of non-fireproof floors shall be in accordance with the New York State Building Codes.
E. 
In closets. Ducts hereafter placed in closets or similar concealed spaces shall be double with a one-and-one-half-inch air space, or shall be covered with approved noncombustible material as per the Building Codes. When constructed double, the outside pipe shall be not less than No. 18 United States gauge, and not less than one inch from any woodwork.
F. 
Passing through partitions and floors. Ducts hereafter placed to pass through combustible partitions or floors shall be constructed double, with a one-and-one-half-inch air space open at one end, or shall be covered with approved incombustible insulation not less than one inch thick.
G. 
Horizontal ducts. Ducts used for hot-air furnace heating hereafter placed under cellar ceilings shall be at least six inches below wood floor beams, wood lath plaster ceilings or other combustible materials; but if such combustible construction is protected by metal lath and plaster or any other material in accordance with the New York State Building Code, the distance may be not less than three inches.
H. 
Cold-air ducts. The cold-air ducts of any heating system shall be of metal or other approved fireproof material.
I. 
Hot-air-ducts. No hot-air furnace duct shall be placed in any floor, partition or enclosure of combustible construction, unless it is at least eight feet distant in a horizontal direction from the furnace.
A. 
Restriction. No smoke pipe shall pass through any floor or through any non-fireproof roof. The construction and installation of any smoke pipe shall be in conformity with the New York State Building Code.
B. 
Clearance. The distance between any smoke pipe or metal breeching and any combustible material or construction shall be not less than 18 inches in the case of low-grade heat-producing devices, nor less than 36 inches for medium- or high-grade heat-producing devices, except that, when such smoke pipes or breechings are protected with not less than two inches of material approved in the New York State Building Code, or in some other approved manner, such clearances may be reduced by 1/2, and that, in the case of smoke pies used in ordinary ranges and stoves in multiple dwellings or other residence buildings having not more than 15 sleeping rooms, such clearances may be not less than nine inches when the combustible material or construction is protected by material approved in the New York State Building Code, not less than 18 inches when not so protected.
C. 
Protection through partitions. Smoke pipes from ordinary ranges and stoves in residence buildings may pass through combustible partitions, provided every such pipe is guarded by a double metal ventilated thimble 12 inches larger in diameter than the pipe, or by a metal tube built in brickwork or other approved fireproof materials, not less than eight inches thick on all sides of the tube.
A. 
Protection. Steam or hot-water pipes shall not be placed nearer than one inch to any woodwork unless the woodwork is covered with metal, in which case the distance shall not be less than one-half inch. Every steam or hot-water heating pipe passing through a combustible floor or partition shall be protected by a metal tube one inch larger in diameter than the pipe. Any such pipe passing through stock shelving shall be covered with not less than one inch of approved insulation. All wood boxes or casing enclosing steam or hot-water heating pipes, or wood covers to recesses in walls in which such pipes are placed, shall be lined with metal.
B. 
Pipe coverings. Any coverings or insulation used on steam or hot-water pipes shall be of incombustible material.