Section 27-848.01
§ 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 with either hot water or steam heat
distribution or a water tank, water heaters, furnaces or cooking stoves.
Section 27-848.02
§ 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.
Section 27-848.03
§ 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).
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).
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).
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).
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).
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.
FACTORY-BUILT FIREPLACE -- (See figure 14-1)
FIREPLACE HEAT EXCHANGER -- (See figure 14-2)
AIRTIGHT FIREPLACE INSERT -- (See figure 14-3)
FREESTANDING FIREPLACE STOVE -- (See figure 14-4)
AIRTIGHT ROOM HEATER -- (See figure 14-5)
Section 27-848.04.
§ 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 affairs.
(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.
Section 27-848.05
§ 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.
Section 27-848.06
§ 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.
Section 27-848.07
§ 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.
Section 27-848.08
§ 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 of 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.
TABLE 14-1
Reduction of Appliance Clearance with Specified Forms of
Protection{1,2,3,4,5,6,7,8,9,10}
Clearance reduction Maximum allowable When the required clear-
system applied to and reduction in clear- ance with no protection
covering all combust- ance (percent) is 36 in., the clearances
ible surfaces within the below are the minimum
distance specified as allowable clearance. For
required clearance with other required clearances
no protection with no protection,
calculate minimum
allowable clearance from
maximum allowable
reduction.{9,10}
As Wall As Ceiling
As Wall As Ceiling Protector Protector
Protector Protector (in.) (in.)
_________ __________ _________ _________
(a) 3 1/2 in. thick 33% __ 24 __
masonry wall without
ventilated air space.
(b) 1/2 in. thick 50% 33% 18 24
noncombustible insul-
ation board over 1 in.
glass fiber or mineral
wool batts without vent-
ilated air space.
(c) 0.024 in. (24 gauge) 66% 50% 12 18
sheet metal over 1 in.
glass fiber or mineral
wool batts reinforced
with wire, or equivalent,
on rear face with vent-
ilated air space
(d) 3 1/2 in. thick 66% __ 12 __
masonry wall with vent-
ilated air space
(e) 0.024 in. (24 gauge) 66% 50% 12 18
sheet metal with vent-
ilated air space.
(f) 1/2 in. noncombustible 66% 50% 12 18
insulation board with vent-
ilated air space.
(g) 0.024 in. (24 gauge) 66% 50% 12 18
sheet metal with vent-
ilated air space over
0.024 in. (24 gauge)
sheet metal with vent-
ilated air space.
(h) 1 in. glass fiber 66% 50% 12 18
or mineral wool batts
sandwiched between two
sheets 0.024 in. (24 gauge)
sheet metal with vent-
ilated air space.
Notes:
{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 ft{3} and have a minimum melting point of 1500°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: C{pr} = C{un} x (1-R/100). C{pr} is the minimum
allowable clearance. C{un} 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).
FRONT VIEW -- (See Figure 14-6)
CLEARANCE TO COMBUSTIBLE WALL WITH PROTECTION AS SPECIFIED -- (See
Figure 14-7)
MASONRY CLEARANCE REDUCTION SYSTEM -- (See Figure 14-8)
MASONRY WALL TIE -- (See Figure 14-9)
WALL PROTECTORS -- (See Figure 14-10)
Wall Protection Using Materials in Table 14-1 -- (See Figure 14-11)
Ceiling Protection Using Materials in Table -- (See Figure 14-12)
(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.
Section 27-848.09
§ 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.
(l) 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.
Section 27-848.10
§ 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.
Section 27-848.11
§ 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.
Section 27-848.12
§ 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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