Solid Fuel Fireplaces, Fireplace Stoves and Room Heaters

NYC Admin. Code tit. 27, ch. 1, subch. 14, art. 19

in effect

NYC Admin. Code § 27-848.01 General.

§ 27-848.01 General. The construction, installation, alteration and operation of all fireplaces, fireplace stoves and room heaters used for space heating shall be subject to the provisions of this article. This article shall not be construed to apply to a central heater with hot air distribution, a central boiler and either hot water or steam heat distribution or a water tank, water heaters, furnaces or cooking stoves.

NYC Admin. Code § 27-848.02 Reference standards.

§ 27-848.02 Reference standards. The applicable reference standards shall be as follows: (a) Fireplaces and wood burning appliances. Reference standard RS 14-18. (b) Factory-built fireplaces. Reference standard RS 14-19. (c) Fireplace stoves. Reference standard RS 14-20. (d) Room heaters. Reference standard RS 14-21.

NYC Admin. Code § 27-848.03 Definitions.

§ 27-848.03 Definitions. As used in this article, the following terms shall have the following meaning: Accessories, factory-built. Such devices as fireplace heater inserts, heat exchangers circulating air or water or other devices which may alter the combustion or heating characteristics of the fireplace. Appliance. A device which utilizes fuel or other forms of energy to produce light, heat, power, refrigeration or air conditioning. This definition shall also include wood burning appliances and vented decorative appliances. Fireplace, factory-built. A fireplace composed of factory-built components assembled in accordance with the terms of the listing and acceptance to form the completed fireplace and provided with a chimney complying with subchapter fifteen of this chapter (see figure 14-1). Figure: Fig14-1

Figure 14-1 Fireplace, masonry. A hearth and fire chamber made of solid masonry units such as bricks, stones, or reinforced concrete and provided with a chimney complying with subchapter fifteen of this chapter. Fireplace heat exchangers. Metal heat circulators designed for installation wholly within a masonry fireplace built in accordance with this code. Fireplace heat exchangers extract heat from the firebox of masonry fireplaces and return it to the area to be heated (see figure 14-2). Figure: Fig14-2

Figure 14-2 Fireplace inserts. Solid-fuel burning appliances located partially within a complying masonry fireplace. Stove and room heaters may be used as inserts for installation in masonry fireplaces (see figure 14-3). Figure: Fig14-3

Figure 14-3 Fireplace stoves. Freestanding assemblies having firechambers intended to be operated open to the room or if equipped with doors to be operated with doors either open or closed and provided with a chimney complying with subchapter fifteen of this chapter (see figure 14-4). Figure: Fig14-4

Figure 14-4 Room heater. A solid fuel burning freestanding firechamber assembly designed to be operated with the firechamber closed except for fueling and provided with a chimney complying with subchapter fifteen of this chapter (see figure 14-5). Figure: Fig14-5

Figure 14-5 Hearth extension. The noncombustible surfacing applied to the floor area beneath, and extending beyond the front, back and sides of a heating appliance. Listed and listings. Terms referring to equipment which is shown in a list published by an accepted nationally recognized testing laboratory qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current production and whose listing shows that the equipment complies with nationally recognized safety standards. Manufacturer's installation instructions. Printed instructions included with equipment as part of the conditions of the listing. Solid fuel. A material such as natural wood which will ignite and burn when subjected to fire.

NYC Admin. Code § 27-848.04 Installations.

§ 27-848.04 Installations. (a) Application. (1) An application for the installation of a fireplace or stove equipment shall be filed by a registered architect or licensed professional engineer at the borough office of the department. The application shall describe the equipment in question and its installation. (2) The applicant, prior to the filing of the application, shall make an inspection to determine the adequacy of the air supply for combustion and ventilation and the ability of the equipment to be installed to comply with code requirements. (b) Qualifications of installer. (1) Installation shall be made only by persons authorized by the manufacturer to install the specific equipment in question. (2) The installer shall certify to the registered architect or licensed professional engineer who has filed the application that the installation is in full compliance with the terms of the listing, acceptance and the manufacturer's instructions. (3) For retrofit installations in occupied residential dwellings, the installer shall have a home improvement contractor's license from the department of consumer and worker protection. (c) Controlled inspection. Installation shall be subject to controlled inspection to ensure that the installation is in accordance with: (1) the structural elements shown on the approved plans, (2) the fire protection requirements, and (3) the listing, acceptance and the manufacturer's installation recommendations. (d) Environmental requirements. All solid fuel burning appliances shall comply with the requirements of the air pollution control law, chapter one of title twenty-four of this code. (e) State energy conservation code. The requirements of the New York State energy conservation construction code concerning the combustion air supply shall be complied with. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.

NYC Admin. Code § 27-848.05 Structural adequacy.

§ 27-848.05 Structural adequacy. The registered architect or licensed professional engineer filing the application for the installation shall certify on the application as to the adequacy of the structural supports and chimney bracing to sustain the loadings when in operation.

NYC Admin. Code § 27-848.06 Chimneys.

§ 27-848.06 Chimneys. Fireplace, fireplace stove and room heater chimneys shall meet the requirements of subchapter fifteen of this chapter. Separate flues shall be provided for every fireplace, fireplace stove and room heater.

NYC Admin. Code § 27-848.07 Masonry fireplaces.

§ 27-848.07 Masonry fireplaces. (a) Construction. (1) Masonry fireplaces shall be constructed of solid masonry units of reinforced portland or refractory cement concrete. Masonry fireplaces shall be supported on foundations of masonry or reinforced portland or refractory cement concrete, or on other noncombustible construction having a fire resistance rating of not less than three hours. Such supports shall be designed to support the loadings. (2) Where a lining of low-duty fire clay refractory brick at least two inches thick laid in medium-duty fireclay refractory mortar, or the equivalent two inches thick soapstone, three-sixteenths inch thick steel or cast iron, or equivalent material capable of withstanding a temperature of 2000 degrees Fahrenheit without cracking or spalling or other accepted lining is provided, the total thickness of back and sides, including the lining, shall be not less than eight inches. (3) Where such lining is not provided, the thickness of the back and sides shall be not less than twelve inches. (4) Where the masonry supporting a fireplace is designed to support vertical loads from the building and corbels are used to support beams or girders, corbeling shall be as described in reference standard RS 14-18 as recommended for masonry chimneys. The lintel spanning the fireplace shall be designed and constructed to support the additional load transferred by the member. (5) Masonry fireplaces shall be provided with chimneys designed and constructed in accordance with the requirements of subchapter fifteen of this chapter for construction of masonry chimneys or, where permitted by the individual listing, shall be provided with accepted factory-built chimneys having accepted adapters in accordance with the requirements for factory-built chimneys of subchapter fifteen of this chapter. (b) Steel fireplace units. (1) Steel fireplace units incorporating a firebox liner of not less than one quarter inch thick steel and an air chamber shall be installed with masonry to provide a total thickness at the back and sides of not less than eight inches, of which not less than four inches shall be solid masonry. Listed firebox liners shall be installed in accordance with the terms of the listing. (2) Warm air ducts employed with steel fireplace units of the circulating air type shall be constructed of metal in accordance with reference standard RS 14-22, or of masonry. (c) Clearance. (1) All wood beams, joists, studs and other combustible material shall have a clearance of not less than two inches from the front faces and sides of masonry fireplaces, and not less than four inches from the back faces of masonry fireplaces. Headers of combustible material supporting masonry trimmer arches or concrete hearth extensions shall be located not less than twenty inches from the face of the chimney breast. (2) Spaces between headers or trimmers of combustible material and masonry fireplaces shall be fire-stopped with noncombustible material. The material used for firestopping shall be galvanized sheet metal of at least no. 14 U.S. standard gauge thickness, mineral board at least one quarter inch thick or equivalent rigid noncombustible sheet material not less than one half inch thick or other accepted noncombustible material. (3) Woodwork, such as wood trim and mantels, or other combustible material shall not be placed within six inches of a fireplace opening. Combustible material above and projecting more than one and one-half inches from a fireplace opening shall not be placed less than twelve inches from the top of the fireplace opening. (4) Clearances specified in reference standard RS 14-18 shall apply if greater than those specified in this subdivision. (d) Hearth extensions. (1) Masonry fireplaces shall have hearth extensions of brick, concrete, stone, tile or other accepted noncombustible materials. Such hearths shall be supported on trimmer arches of brick, stone, tile or concrete at least four inches thick, or of other equivalent materials and with noncombustible material against the underside thereof. Wooden forms or centers used during the construction of the hearth and hearth extension shall be removed when the construction is completed. (2) Where the fireplace opening is less than six square feet, the hearth extension shall extend at least sixteen inches in front of the facing material and at least eight inches beyond each side of the fireplace opening. (3) Where the fireplace opening is six square feet or larger, the hearth extension shall extend at least twenty inches in front of the facing material, and at least twelve inches beyond each side of the fireplace opening. (4) Where a fireplace is elevated above or overhangs a floor, the hearth extension shall also extend over the area under the fireplace. (e) Fireplace dampers. Every fireplace shall be equipped with a damper able to withstand distortion, binding, cracking or corrosion when exposed to the fireplace operating temperature. (f) Accessories. Factory-built accessories shall be listed and accepted and shall be installed in accordance with the terms of their listing and acceptance.

NYC Admin. Code § 27-848.08 Wood burning appliances: Installation.

§ 27-848.08 Wood burning appliances: Installation. (a) Scope. Wood burning appliances include factory-built fireplaces, fireplace stoves, room heaters, and fireplace inserts. (b) Listing. Wood burning appliances shall be listed and accepted and shall be installed in accordance with the terms of their listing and acceptance. (c) Location of appliances. (1) Every appliance shall be located with respect to building construction and other equipment so as to permit access to the appliance. Sufficient clearance shall be maintained to permit cleaning of surfaces, the replacement of air filters, blowers, motors, controls and chimney connectors, and the lubrication and servicing of moving parts. (2) Wood burning appliances shall not be installed in confined spaces or alcoves. The minimum size of the space or room in which the appliance is located shall be three hundred cubic feet. There shall be at least one openable window serving such space or room. (3) Wood burning appliances shall not be installed in any location where gasoline or any other flammable liquids, vapors or gases are present or likely to be present. (4) Wood burning appliances shall not be installed in any garage. (d) Air for combustion and ventilation. Wood burning appliances shall be installed in a location in which the facilities for ventilation permit proper chimney draft and maintenance of safe temperature under conditions of use and provide sufficient air to prevent carbon monoxide from entering the dwelling space. Appliances shall be located so as not to interfere with proper circulation of air within the heated space. Where buildings are so tightly sealed that normal infiltration does not provide the necessary air, outside air shall be introduced. (e) Mounting for residential type appliances. (1) Residential type wood burning appliances that are tested and listed by an accepted national testing laboratory for installation on floors constructed of combustible materials shall be placed on such floors in accordance with the requirements of the listing and the conditions of acceptance. Such appliances which are not listed for installation on combustible floors by an accepted national testing laboratory shall be provided with floor protection in accordance with the provisions of subdivision (g) of this section. Residential type wood burning appliances are permitted to be placed without floor protection in any of the following manners: a. on concrete bases adequately supported on compacted soil, crushed rock or gravel; b. on concrete slabs or masonry arches that do not have combustible materials attached to the underside; or c. on accepted assemblies constructed entirely on non-combustible materials, and having a fire resistance rating of not less than two hours, with floors constructed of noncombustible materials. (2) Any floor assembly, slab or arch shall extend not less than eighteen inches beyond the appliance on all sides. (3) In lieu of the requirements for floor protection specified herein, a floor protector listed by a recognized testing laboratory and installed in accordance with the installation instructions may be used. (4) Appliances shall be supported by concrete bases, concrete slabs, masonry arches and floor ceiling assemblies and their supports which are designed and constructed to support the appliance. (f) Mounting for fireplace stoves and room heaters. (1) Fireplace stoves and room heaters which are set on legs or pedestals that provide not less than six inches of ventilated open space beneath the fire chamber or base of the appliance may be placed on floors of combustible construction, provided the floor under the appliance is protected with closely spaced solid masonry units not less than two inches in thickness. The top surface of the masonry shall be covered with sheet metal not less than 24 gauge (0.024 inches). The floor protection shall extend not less than eighteen inches beyond the appliance on all sides. (2) Fireplace stoves and room heater which are set on legs or pedestals providing two to six inches of ventilated open space beneath the fire chamber or base of the appliance may be placed on floors of combustible construction, provided the floor under the appliance is protected with one course of hollow masonry units not less than four inches in thickness. The masonry units shall be laid with ends unsealed and joints matched in such a way as to provide a free circulation of air through the core spaces of the masonry. The top surface of the masonry shall be covered with sheet metal not less than 24 gauge (0.024 inches). The floor protection shall extend not less than eighteen inches beyond the appliance on all sides. (3) Fireplace stoves and room heaters with legs or pedestals that provide less than two inches of ventilated open space beneath the fire chamber or base of the appliance shall not be placed on floors of combustible construction. (g) Clearances. Woodburning appliances shall be installed with the following minimum clearances to combustible construction: Above the top of appliance – thirty-six inches; from front – thirty-six inches; from back – thirty-six inches; from sides – thirty-six inches. The minimum clearance to noncombustible construction shall be six inches when table 14-1 herein is used except that forty-eight inches shall be maintained where the fuel is inserted. Accepted stoves shall be exempt from the above-mentioned clearances and shall be installed in accordance with the appropriate reference standard and clearances determined therefrom through tests specified in the reference standard. (h) Reduction of clearances from wood burning appliances. (1) Clearances from listed and unlisted wood burning appliances to combustible material may be reduced if the combustible material is protected as described in table 14-1 herein and as shown in figures 14-6 to 14-10 herein. (2) Clearances from wood burning appliances to combustible material may be reduced by the use of materials or products listed for the purpose of reducing such clearances. Materials and products listed for such purpose shall be installed in accordance with the conditions of the listing and the manufacturer's instructions. (3) For clearance reduction systems using an air space between a combustible wall and wall protector, adequate air circulation shall be provided by one of the following methods as shown in figure 14-10 herein: a. Adequate air circulation may be provided by leaving all edges of the wall open with an air gap of at least two inches. b. If the wall protector is mounted on a single flat wall away from corners, adequate air circulation may be provided by leaving only the bottom and top edges or only the side and top edges open with an air gap of at least two inches. c. Wall protectors that cover two walls in a corner shall be open at the bottom and top edges with an air gap of at least two inches. (4) All clearances shall be measured from the outer surface of the combustible materials to the nearest point on the surface of the wood burning appliance, disregarding any intervening protection applied to the combustible materials. (5) All clearances provided between wood burning appliances and combustible materials shall be large enough so as to maintain sufficient clearance between chimney connectors and combustible materials as required in subchapter fifteen of this chapter. (i) Accessories. Factory-built accessories for wood burning appliances such as heat exchangers, stove mats, floor pads and protection shields shall be listed and accepted, and shall be installed in accordance with the terms of their listing and acceptance. TABLE 14-1 REDUCTION OF APPLIANCE CLEARANCE WITH SPECIFIED FORMS OF PROTECTION 1,2,3,4,5,6,7,8,9,10 Clearance reduction system applied to and covering all combustible surfaces within the distance specified as required clearance with no protection Maximum allowable reduction in clearance (percent) When the required clearance with no protection is 36 in., the clearances below are the minimum allowable clearance. For other required clearances with no protection, calculate minimum allowable clearance from maximum allowable reduction. 9,10 As Wall Protector As Ceiling Protector As Wall Protector (in.) As Ceiling Protector (in.) (a) 3 1/2 in. thick masonry wall without ventilated air space. 33% – 24 – (b) 1/2 in. thick noncombustible insulation board over 1 in. glass fiber or mineral wool batts without ventilated air space. 50% 33% 18 24 (c) 0.024 in. (24 gage) sheet metal over 1 in. glass fiber or mineral wool batts reinforced with wire, or equivalent, on rear face with ventilated air space. 66% 50% 12 18 (d) 3 1/2 in. thick masonry wall with ventilated air space. 66% – 12 – (e) 0.024 in (24 gage) sheet metal with ventilated air space. 66% 50% 12 18 (f) 1/2 in. noncombustible insulation board with ventilated air space. 66% 50% 12 18 (g) 0.024 in (24 gage) sheet metal with ventilated air space over 0.024 in (24 gage) sheet metal with ventilated air space. 66% 50% 12 18 (h) 1 in. glass fiber or mineral wool batts sandwiched between two sheets 0.024 in. (24 gage) sheet metal with ventilated air space. 66% 50% 12 18 Notes for Table 14-1: 1 Spacers and ties shall be of noncombustible material. No spacers or ties shall be used directly behind appliance or conductor. 2 With all clearance reduction systems using a ventilated air space, adequate air circulation shall be provided. There shall be at least 2 in. between the clearance reduction system and combustible walls and ceilings for clearance reduction systems using a ventilated air space. 3 Mineral wool batts (blanket or board) shall have a minimum density of 8 lb. per ft3 and have a minimum melting point of 1,500°F. 4 Insulation material used as part of clearance reduction system shall have a thermal conductivity of 1.0(BTU-In.)/(Sq ft-Hr -°F) or less. Insulation board shall be formed of noncombustible material. 5 If a single wall connector passes through a masonry wall used as a wall shield, there shall be at least 1/2 in. of open, ventilated air space between the connector and the masonry. 6 There shall be at least 2 in. between the appliance and the protector. In no case shall the clearance between the appliance and the wall surface be reduced below that allowed in the table. 7 Clearances in front of the loading door and/or ash removal door of the appliance shall not be reduced from those in Section 8-6. 8 All clearances and thicknesses are minimums: larger clearances and thicknesses are acceptable. Clearances are not to be less than 12 in. from appliances. 9 To calculate the minimum allowable clearance, the following formula may be used: Cpr = Cun x (1-R/100). Cpr is the minimum allowable clearance. Cun is the required clearance with no protection, and R is the maximum allowable reduction in clearance. 10 Refer to Figures 14-11 and 14-12 for other reduced clearances using materials (a) through (h). Figure: Fig14-6

Figure 14-6 Figure: Fig14-7

Figure 14-7 Figure: Fig14-8

Figure 14-8 Figure: Fig14-9

Figure 14-9 Figure: Fig14-10

Figure 14-10 Figure: Fig14-11

Figure 14-11 Figure: Fig14-12

Figure 14-12

NYC Admin. Code § 27-848.09 Factory-built fireplaces, fireplace stoves and room heaters.

§ 27-848.09 Factory-built fireplaces, fireplace stoves and room heaters. (a) Acceptance. Factory-built fireplaces, fireplace stoves and room heaters shall be listed and accepted for use as wood burning appliances. (b) Occupancy group limitations. Factory-built fireplaces, fireplace stoves and room heaters shall not be permitted in buildings other than those in residential occupancy group classifications J-2 and J-3, except that installations within other occupancy groups may be authorized by the commissioner pursuant to rules and regulations promulgated by the department. (c) Chimney requirements. (1) The chimney systems of factory-built fireplaces, fireplace stoves and room heaters shall be constructed in accordance with section 27-869.01. (2) No chimney shall serve more than one factory-built fireplace, fireplace stove or room heater or be pierced to serve any other appliance. (d) Additional limitations. Factory-built fireplaces, fireplace stoves or room heaters shall be: (1) located only in exterior rooms, and (2) limited to space heating of the room within which they are located. (e) Chimney connectors. (1) Stovepipe. a. The stovepipe (or chimney connector) connecting a factory-built fireplace, fireplace stove or room heater to a chimney may contain no more than two elbows. The total length of the connecting pipe should be kept as short as possible while maintaining the required minimum spacing between the factory-built fireplace, fireplace stove or room heater and combustible materials. See subdivision (h) of section 27-848.08 of this code. b. The connector pipe shall be as large as the flue collars (where the connector pipe joins the factory-built fireplace, fireplace stove or room heater), and shall be fabricated from steel coated with a high temperature rust inhibitor. c. The pipe's horizontal section shall rise one-quarter inch for each foot of pipe, with the highest point being at the chimney inlet, and shall not be longer than three quarters of the chimney height. d. When joining sections of pipe, the joints shall overlap at least two inches, with the crimped (male) end pointing down to prevent creosote drip or leak. Each joint shall be secured with three sheet metal screws. All fits shall be snug. e. The thimble shall be cemented with high temperature cement at the flue inlet. The pipe shall not project into the flue itself. f. Connector pipe clearance to combustible materials shall be at least three times the pipe diameter (e.g. eighteen inches for six inch pipe), but not less than eighteen inches. g. Stovepipes shall not pass through floors, ceilings or closets. Stovepipes shall not pass through exterior walls unless directly connected with a thimble to the chimney as noted in subparagraph h of this paragraph. h. Alternately, a listed and accepted noncombustible thimble larger in diameter than the connector pipe, or a burned fireclay or metal thimble surrounded by not less than twelve inches of brickwork may be used for protection. i. Connectors and chimneys for factory-built fireplaces, fireplace stoves and room heaters shall be designed, located and installed to permit ready access for internal inspection and cleaning, in compliance with the requirements of subchapter fifteen of this chapter. (2) Connection to masonry fireplace flue. A factory-built fireplace stove or room heater or insert may use a masonry fireplace flue when the following conditions are met: a. There is a connector which extends from the fireplace stove or room heater to the flue liner. b. The cross-sectional area of the flue is no more than three times the cross-sectional area of the flue collar of the factory-built fireplace, fireplace stove or room heater. c. There is a noncombustible seal below the entry point of the connector if the appliance vents directly through the chimney wall above the smoke chamber. d. The chimney system can be inspected and cleaned. e. Air from the habitable space is not used to dilute combustion products in the chimney flue. f. Hearth extensions are provided in accordance with the manufacturer's instructions or are of masonry of noncombustible construction in accordance with subdivision (d) of section 27-848.07.

NYC Admin. Code § 27-848.10 Fireplace heat exchangers and fireplace inserts.

§ 27-848.10 Fireplace heat exchangers and fireplace inserts. Fireplace heat exchangers and fireplace inserts shall not be inserted into or connected to factory-built fireplaces unless listed by a nationally recognized testing laboratory and accepted for use in the specific fireplace.

NYC Admin. Code § 27-848.11 Imitation fireplaces.

§ 27-848.11 Imitation fireplaces. Only natural gas-fired fireplace heaters accepted in accordance with the provisions of article twelve of subchapter thirteen of this chapter shall be used with imitation fireplaces and shall be installed in accordance with the conditions of the acceptance.

NYC Admin. Code § 27-848.12 Precautionary requirements.

§ 27-848.12 Precautionary requirements. (a) Smoke detecting devices. Smoke detecting devices, complying with article six of subchapter seventeen of this chapter, are required where fireplaces, fireplace stoves or room heaters are installed. At least one device shall be in the same room as the installation or in an adjacent room. (b) Fire extinguisher. A fire extinguisher rated for class "A" fires shall be available in the vicinity of a fireplace, fireplace stove or room heater. (c) Latching. The fireplace stove fuel door shall be latched to prevent burning wood from falling out or an overfired fire from occurring due to an oversupply of air. (d) Fireplace screens. Fireplace stoves shall be equipped with fireplace screens to minimize spark emission. (e) Warnings. Warnings on fireplace stoves shall be as required by the United Consumer Products Safety Commission and reference standard RS 14-20. (f) Floor protection. Floor protection for fireplace stoves required by section 27-848.08(f) shall extend a minimum of twenty-six inches beyond the stove at the front or side where the ashes are removed and at least eight inches on the other sides.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-52394Fetched: 10/24/2026