City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Newburgh 7-14-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 122.
Fees — See Ch. 163.
Fire prevention — See Ch. 172.
ATTACHMENTS257a Table II Clearances
A. 
This chapter shall cover the following types of stoves:
(1) 
Radiant stoves.
(2) 
Factory-built freestanding fireplaces.
(3) 
Air-circulating-type stoves.
(4) 
Stoves designed to be connected into a fireplace flue.
(5) 
Air-circulating stoves with thermostatic control with electric motors and wiring.
(6) 
Combination stoves.
(7) 
Ranges or cookstoves.
B. 
This chapter shall cover stoves listed as having passed accredited National Testing Procedure UL No. 1482, specifically Sections 17 and 18 as they pertain to units for mobile home installations. Only such stoves certified as having passed UL Standard No. 1482 shall be installed in mobile homes, except where it can be shown to the inspecting officer that sufficient exterior combustion air is provided to the combustion chamber. The installation of a stove in a mobile home must follow the manufacturer's specification's.
C. 
This chapter does not cover stoves with glass fronts or doors, on-site constructed stoves such as Russian fireplaces or stoves with water jackets or coils.
A. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the singular include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
ASBESTOS MILLBOARD
A soft insulating board made with compressed asbestos fibers capable of being cut with a knife or handsaw.
CHIMNEY
A vertical shaft enclosing one or more flues for conveying flue gases to the outside atmosphere.
CHIMNEY CONNECTOR
The conduit connecting the stove with the vertical flue.
CHIMNEY FLUE
The flue-gas-conveying passageway in a chimney.
CIRCULATING STOVE
A stove designed to change heat of combustion to convective heat by circulation of air heated by contact with heating surfaces.
COMBINATION STOVE
A closed burning unit which can be used as a fireplace but normally is operated as an efficient, closed burning unit.
COMBUSTIBLE
Capable of the act, for instance, of the chemical process known as "burning," as in oxidation, accompanied by the evolution of light and heat.
FLUE
A tube, pipe or shaft for passage of smoke, hot air, gas, etc., as in a chimney.
FLUE COLLAR
That portion of an appliance designed for attachment to the chimney connector.
FLUE LINER
A castable or plastic refractory material used to line chimneys or connectors.
FREESTANDING FIREPLACE
Any appliance designed for heating and having the ability to be used as an open fireplace. A freestanding fireplace does not require additional construction for its installation other than normal flue connection.
RADIANT STOVE
A burning appliance, with a single layer of metal enclosing the fire, designed to transfer heat of combustion primarily by radiation.
RANGE or COOKSTOVE
A stove designed to be used for cooking which includes an oven and surface heating areas.
STOVE
A burning appliance intended to be fueled by coal or wood combustion.
SMOKE PIPE
The conduit connecting the wood stove with the vertical flue.
THIMBLE
A device to be installed in combustible walls, through which a stovepipe passes, intended to help protect the walls from igniting due to stovepipe heat. The simplest thimbles are metal or fireclay sleeves or cylinders. The common thimbles are double-walled, air-ventilated metal cylinders.
A. 
Permits required. No person shall install a wood- or coal-burning stove without first applying to the office of the Building Inspector for a construction permit and to the Fire Department for an installation permit.
B. 
Fees. The fee for said permits shall be as set forth in Chapter 163, Fees.
[Amended 6-13-1988 by L.L. No. 4-1988]
C. 
Contents of application. The application for a construction permit and for an installation permit may be combined. A copy shall be submitted both to the Building Inspector and to the Fire Department. The application shall include the manufacturers' specifications for the stove and smokepipe, the type of insulating materials to be used and a detailed drawing of the proposed installation indicating the distances from all combustible surfaces.
D. 
Assistance. The Building Inspector and the Fire Department may provide assistance and information to an applicant in order to achieve an installation in conformity with the requirements of this chapter and which will not be detrimental to the public safety.
E. 
Removal of stoves not in compliance. The Chief of the Fire Department or the Building Inspector may order that any wood- or coal-burning stove which is installed after the effective date of this chapter without complying with the provisions of this chapter be removed. The owner of the property in which the stove has been installed shall be responsible for such removal. If a danger of fire is found to exist, the Chief of the Fire Department or the Building Inspector may order that a wood- or coal-burning stove installed prior to the effective date of this chapter be made to conform to the requirements of this chapter or that the stove be removed. The owner of the property in which the stove has been installed shall be responsible for complying with said order.
A. 
There shall be an on-site inspection by the Fire Department and the Building Inspector of the premises where the stove is proposed to be installed prior to the commencement of the installation work, an inspection of the flue going through a combustible wall and an inspection after the installation is complete.
B. 
The work may be additionally inspected by either the Building Inspector or the Fire Department while it is in progress and after completion, at their option.
C. 
If, in the course of inspection, a stove is found not to be installed in accordance with the requirements of this chapter, the Inspector shall require that the owner or installer comply with the requirements of this chapter.
Stoves shall be provided with adequate clearances from combustible materials. The minimum clearances needed for safety are specified in Heat Producing Appliance Clearances, 1976, Standard 89M of the National Fire Protection Association (NFPA). The clearances indicated in Table I below are the minimum clearances in inches for freestanding stoves where combustible surfaces are unprotected:
Table I
Minimum Clearances in Inches for Wood-burning Stoves With No Added Protection
Radiant
Circulating
Cookstove, Clay-Lined Firepot
Cookstove, Unlined Firepot
Stovepipe
Ceiling
36
36
30
30
18
Front
36
24
18
Sides:
Firing side
36
36
24
36
18
Opposite side
36
36
18
18
18
Rear
36
36
24
36
18
Stoves may be installed with clearances less than those specified in Table I, provided that the combustible material is protected as described in Table II[1] or the diagram denominated Figure 1, which is on file in the offices of The City Clerk, The Building Inspector and the fire prevention officer.
A. 
Except for the protection described in Subsection E of Table II, all clearances shall be measured from the outer surface of the appliance to the combustible material, disregarding any intervening protection applied to the combustible material.
B. 
Spacers shall be of noncombustible material.
C. 
Asbestos millboard referred to in Table II is a different material from asbestos-cement board. It is not intended that asbestos-cement board be used in complying with these requirements when asbestos millboard is specified.
[1]
Editor's Note: Table II is included at the end of this chapter.
A. 
The floor protection shall extend at least 18 inches beyond the stove at the front or side where the ashes are removed and at least 12 inches on other sides.
B. 
Methods of protection for stoves with legs shall be as follows:
(1) 
Where the stove has legs that provide at least 18 inches of open space between the stove and the floor, the protection shall be 3/8 of an inch of noncombustible material.
(2) 
Where the stove has legs that provide between six and 18 inches of open space between the stove and the floor, the protection shall be 3/8 of an inch of noncombustible materials over a one-fourth-inch layer of asbestos millboard.
(3) 
Where the stove has legs that provide six inches or less of open space between the stove and the floor, the protection shall be four inches of hollow masonry laid to provide air circulation through the masonry layer. Asbestos millboard shall cover the masonry.
All chimneys and flues to which a stove is or is to be connected must meet the standards of the New York State Uniform Fire Prevention and Building Code and of all ordinances of the City of Newburgh. All prefabricated chimneys must be approved by Underwriters' Laboratories. Any prefabricated chimney which is used for a stove must be double-walled. No stoves may be installed into unlined chimneys.
A. 
Where a stove is to be vented into a chimney flue by a chimney connector, the connector shall be of corrosion-resistant steel of a thickness not less than shown in Table III. No use of galvanized pipe shall be permitted.
Table III
Stove Connectors
Steel Pipe Gauge Number
Diameter of Connector
(inches)
24
6 to less than 10
22
10 to 12
20
14 to, but not including, 16
16
16
B. 
A stove chimney connection shall not be connected to a flue serving a fireplace. A fireplace shall have its own individual flue. If a stove is to be used in a fireplace, the fireplace must be blocked off.
The clearance of a chimney connector shall be not less than 18 inches from the nearest combustible material. Where the combustible material is protected, the clearance may be reduced to that indicated in Table II and Figure 1.[1]
[1]
Editor's Note: Figure 1 is on file in the City offices.
The two acceptable methods of connecting a chimney connector to a chimney flue where the connector must pass through a combustible partition wall shall be in accordance with the diagram denominated "Figure 2," which is on file in the offices of the City Clerk, the Building Inspector and the Fire Prevention Officer. Only a single length of double-wall insulated pipe may be used, and all clearances must follow those established by the Underwriters' Laboratories.
A. 
The connector pipe shall be as short as possible. It shall be no longer than 75% of the vertical chimney height above the flue inlet. The connector pipe shall have no more than a three-foot horizontal run.
B. 
The smoke pipe shall be straight as well as short. No more than two right-angle bends shall be used in a connector pipe.
C. 
The connector pipe diameter shall be as large as the flue collar.
D. 
The pipe's horizontal section shall rise 1/4 inch for each foot of pipe, with the highest point being at the chimney inlet.
E. 
When joining sections of pipe, the joints shall be overlapped by at least two inches, with the crimped (male) end pointing down. Each joint shall be secured with at least three sheet metal screws.
F. 
A ventilating thimble shall be used. Only double-wall pipe approved by the Underwriters' Laboratories shall be used for the thimble.
G. 
A smokepipe, unless necessary, shall not pass through an interior wall. If this must be done, a ventilating thimble shall be used. The thimble diameter shall be at least 12 inches larger than that of the smokepipe to provide for at least six inches of metal-lined ventilated clearance.
H. 
A connector pipe shall not pass through an exterior wall.
I. 
A smoke-pipe shall not pass through ceilings or closets.
Room heaters, cookstoves, furnaces, stoves, fireplaces, etc., shall not be connected to a common flue. Multifuel, electrically controlled central-heating systems need only use a single flue.
In the event that any provision of this chapter shall conflict with any other provision of federal, state or local statute, law, ordinance or regulation now in effect or which is hereinafter enacted, the more stringent in effect at the time of the installation shall govern.
The provisions of this chapter may be applied retroactively if, in the opinion of the Building Inspector or the Chief of the Fire Department, such application is necessary in order to protect the public from the danger of fire.
[Amended 6-13-1988 by L.L. No. 4-1988; 9-28-1998 by Ord. No. 12-98]
A. 
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall install a stove in violation of an approved plan or directive of the Building Inspector or the Fire Department shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
B. 
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
C. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.