Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 24-149.1?

Quick Answer

This section regulates the operation of outdoor wood boilers, stipulating that only clean wood may be burned and sets standards for emissions and placement. Compliance with certification standards and specific distance from property boundaries is required for boilers with lower thermal output ratings. Applies to property owners operating outdoor wood boilers.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 24-149.1 Outdoor wood boilers.

AC § 24-149.1

(a)No person shall burn any fuel in an outdoor wood boiler except clean wood, provided that newspaper or other non-glossy, non-colored paper may be used as starter fuel.

(b)No person shall operate an outdoor wood boiler so as to cause an emission that (1) activates a smoke detector on an adjoining property; (2) impairs visibility on a public street or highway; or (3) causes a visible plume that comes into contact with a building on an adjacent property.

(c)No person shall operate an outdoor wood boiler with a thermal output rating of two hundred fifty thousand Btu/h or less, unless such outdoor wood boiler: (1) Is in compliance with all applicable certification standards set forth in section 247.8 of title six of the New York codes, rules and regulations; (2) Is located at least one hundred feet from the nearest property boundary line; and (3) Is equipped with a permanent stack extending at least eighteen feet above ground level.

(d)No person shall operate an outdoor wood boiler with a thermal output rating in excess of two hundred fifty thousand Btu/h. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 24-149.1?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters