§ 24-149.2 Fireplaces.
AC § 24-149.2
(a)Definitions. As used in this section: "Existing fireplace" means a fireplace that has been installed before the effective date of the local law that added this section. "New fireplace" means a fireplace that has been installed on or after the effective date of the local law that added this section. "Treated firewood" shall have the same meaning as set forth in subdivision thirteen of section 192.5 of title six of the New York codes, rules and regulations.
(b)No person shall operate a fireplace as a primary source of heat, unless the source that normally supplies heat to the building in accordance with applicable state or local law is inoperable due to a fire, explosion, loss of power to the building or natural disaster including, without limitation, earthquakes, floods, winds, or storms, or as otherwise permitted by the rules of the department.
(c)No person shall operate any new fireplace unless it is operated solely on natural gas or on renewable fuel, as such term is defined in this code or as otherwise defined by the rules of the department for the purposes of implementing this subdivision, provided that this subdivision shall not apply if an application for approval of construction documents for such fireplace was filed with the department of buildings on or before the effective date of the local law that added this section. Any such fireplace shall be deemed to be an existing fireplace and shall be subject to the provisions of law relating to the operation of an existing fireplace.
(d)No person shall operate any existing fireplace unless it is operated with the use of treated firewood having a moisture content of twenty percent or less by weight, renewable fuel, as such term is defined in this code or as otherwise defined by the rules of the department for the purposes of implementing this subdivision, or such other material as may be designated by the rules of the department.
(e)No person shall operate a fireplace unless such fireplace is in compliance with applicable federal emissions standards for particulate matter as set forth in 40 CFR § 60.532. (L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
