Few topics generate more questions from Long Island homeowners right now than the New York "gas ban." Homeowners in Nassau and Suffolk want to know whether the gas fireplace they have been planning is still possible, and builders want to know what to put on the drawings for a house that has not broken ground yet.
The answer depends almost entirely on one question: is the house already standing? Below: what the All-Electric Buildings Act says, where enforcement stands as of October 19, 2026, and how to plan accordingly.
The short answer
Yes, in an existing home. New York's All-Electric Buildings Act applies only to new buildings, and the statute expressly excludes buildings that already exist, including their repairs, alterations and additions, so adding or replacing a gas fireplace or insert in a current Long Island house remains allowed. For new homes of seven stories or less, the law would prohibit equipment that burns fossil fuel, which would reach gas and propane fireplaces, but the state has agreed not to enforce it while a court challenge finishes. As of October 19, 2026 it is not being enforced, so anyone building new should confirm the current status with their town or village building department before finalizing plans.
Key takeaways
- Existing homes are outside the law: replacements, new installations, renovations and additions can still use gas.
- The affected group is new buildings of seven stories or less, which covers nearly every new single-family home on Long Island.
- The statute does not name fireplaces. It bans equipment that uses fossil fuel for combustion, and gas and propane fireplaces fit that description.
- Enforcement is suspended under a November 2025 agreement. The Second Circuit upheld the law in June 2026, and a Supreme Court petition is due by about November 24, 2026.
- For a new build, plan around electric or water vapor, or get a written answer from your building department before designing for gas.
In this guide
- Who is affected, at a glance
- What does the NY gas ban actually say?
- Can I still add a gas fireplace to my existing home?
- Is the gas ban in effect? The timeline
- Building a new home: what to do now
- Fireplace permits in Nassau and Suffolk
- Our recommended models
- Which should you choose?
- Frequently asked questions
Who is affected, at a glance
Most of the confusion clears up once you sort your project into the right row.
| Your project | Covered by the state law? | Fireplace options |
|---|---|---|
| Replacing a gas fireplace in an existing home | No | Gas, electric, water vapor |
| Gas insert in an existing masonry fireplace | No | Direct vent gas insert, electric insert |
| Renovation or addition to an existing home | No | Gas, electric, water vapor |
| New home, seven stories or less | Yes, once enforcement begins | Electric and water vapor; gas only if your permit clearly predates enforcement |
| Manufactured home | Exempt | Per the manufacturer and local code |
What does the NY gas ban actually say?
The All-Electric Buildings Act lives in Energy Law section 11-104 and is carried out through the state Energy Code. It directs the code to prohibit "fossil-fuel equipment and building systems" in new buildings: those not more than seven stories constructed on or after December 31, 2025, and all other new buildings after December 31, 2028. Covered equipment is anything that uses fossil fuel for combustion, along with the piping and systems that supply it.
Notice what the statute does not say. It never mentions fireplaces by name. A natural gas or propane fireplace burns fossil fuel, so in a new building it falls inside the plain language, and at least one New York building department has listed gas fireplaces alongside gas ranges and dryers in its public guidance. We would not tell you anything stronger than that, and you should be skeptical of anyone who does.
The exemptions (backup power, manufactured homes, certain commercial and agricultural uses, and a grid-infeasibility waiver) rarely help a private home.
New York City is a separate matter. The city has its own rule, Local Law 154 of 2021, which has applied to new buildings under seven stories since January 1, 2024. Our NYC fireplace code guide covers the five boroughs in detail.
Can I still add a gas fireplace to my existing home?
Yes. Section 11-104(7)(a) states that the prohibition shall not be construed as applying to buildings that existed before the applicable date. It goes further and names the work that remains open: repair, alteration, addition, relocation, change of occupancy or use, and the installation or continued use and maintenance of fossil-fuel equipment in those buildings.
A homeowner in Garden City, Huntington or Southampton can still:
- Replace a tired gas fireplace with a new direct vent gas fireplace.
- Convert an old wood-burning masonry fireplace with a sealed gas insert vented up the existing chimney.
- Add a gas fireplace as part of a kitchen renovation, basement finish or new family room addition.
Direct vent units suit most of these projects. They draw combustion air from outside and exhaust through a sealed vent, so the fire never shares air with the room.
From our install team
On Long Island the most common project we see is not new construction. It is a 1950s or 1960s masonry fireplace the family rarely uses because of drafts and cleanup. A sealed gas insert with a new liner brings that room back to life, and the state law does not stand in the way.
Gas Inserts Direct Vent Gas Fireplaces All Fireplace Inserts
Is the gas ban in effect? The timeline
Not yet. The law was meant to reach smaller new buildings at the start of 2026, but a coalition of fuel and building trade groups challenged it in federal court in Mulhern Gas Co. v. Mosley. Here is how it has unfolded.
| Date | What happened |
|---|---|
| December 31, 2025 | Statutory start for new buildings of seven stories or less |
| November 12, 2025 | The state agreed in a court stipulation to suspend the January 1, 2026 enforcement while the appeal and any Supreme Court petition are pending |
| June 30, 2026 | The Second Circuit upheld the state law, and New York City's Local Law 154, by a 3 to 0 vote |
| August 26, 2026 | The full court declined to rehear the case |
| About November 24, 2026 | Deadline for the challengers to petition the U.S. Supreme Court |
| After that | Per the stipulation as summarized in the court record, the suspension ends 120 days after the final step: the appeals court's mandate if no petition is filed, or the Supreme Court's denial or decision if one is |
| After December 31, 2028 | The prohibition extends to all other new buildings |
As of October 19, 2026 we found no Supreme Court petition on record. Early commentary naming October 28, 2026 predates the rehearing request and no longer reflects the schedule. If no petition is filed, enforcement for smaller new buildings could begin within months; if one is, the suspension continues. Treat any date, including ours, as provisional and confirm with your building department.
Building a new home on Long Island: what should you do now?
If you are planning a new house in Nassau or Suffolk, the honest position is that gas is a moving target. A few steps keep the project out of trouble.
- Ask your architect how the filing date applies. Law firm guidance indicates the rule turns on when a substantially complete building permit application is filed. How the state will treat applications filed during the suspension is not something we have seen addressed in writing, so get your building department's answer on record.
- Design the fireplace wall for electric first. A dedicated circuit, a recessed niche sized to the unit and a plan for the TV and media above are easy to include now and expensive to add later.
- Keep gas plans reversible. If you still hope to use gas, choose a layout where an electric model of the same width can drop into the same framing.
- Ask about wood separately. Wood is not a fossil fuel, but we have not found state guidance that addresses wood-burning fireplaces in new construction, so check with your building department before you design a chimney.
Not sure what fits your space? We regularly review new-construction drawings with architects and builders so the fireplace wall works under either outcome. Book a free design consultation and we will help you narrow it down.
What are the best alternatives to a gas fireplace in a new home?
Most new-build clients land on modern electric fireplaces. Large linear models build flush into a wall, need no vent and run the flame with or without heat. Water vapor fireplaces go a step further on realism: they light a fine mist from below, so the flame has depth and movement you can walk around.
From our install team
In our Maspeth showroom, clients certain they need gas often reconsider after seeing a large electric or water vapor unit running beside one. Ask yourself whether you want the look of fire or its heat. In most open plans, it is the look.
Electric Fireplaces Linear Electric Water Vapor Fireplaces Wood Burning Fireplaces
Do you need a permit for a fireplace in Nassau or Suffolk?
Generally, yes. On Long Island, building permits are issued by the town, city or incorporated village where the house sits, not by the county. In Nassau that means the Towns of Hempstead, North Hempstead and Oyster Bay, the Cities of Glen Cove and Long Beach, or one of the many villages with their own building departments. In Suffolk it means one of the ten towns, from Babylon and Huntington out to Southampton, East Hampton and Southold, or a village such as Sag Harbor.
The Town of Islip's published checklist for factory-built fireplaces, stoves and inserts is a useful example:
- A signed application, a licensed surveyor's survey and a floor plan showing the unit and smoke and carbon monoxide detectors.
- The manufacturer's specifications and installation instructions with clearances, plus a listed appliance (vented gas units tested to ANSI Z21.50 / CSA 2.22). Islip will not permit unlisted appliances.
- For gas, a separate plumbing permit and a gas riser diagram from a licensed plumber.
- Stamped drawings if the work touches structure.
Call your building department before ordering equipment. Condominium and architectural review board rules can be stricter than the code.
From our install team
The single most useful document in any Long Island fireplace permit is the manufacturer's installation manual for the exact model. We send it with every quote, because the plans examiner will check clearances, venting and framing against it line by line.
Our recommended models
Picked for the two situations this law creates: existing homes that can use gas, and new homes that will likely be all electric.
Which should you choose?
Choose direct vent gas if:
- Your house already exists, including a renovation or addition.
- You want real radiant heat on cold nights.
- You have an old masonry fireplace that suits an insert.
Choose electric or water vapor if:
- You are building new and want certainty.
- The fireplace is mainly about atmosphere and design.
- You want flexibility in placement with no venting.
Our view: in an existing Long Island home the law changes nothing, and a direct vent gas fireplace or insert remains an excellent choice. In a new home, design for electric or water vapor now and pursue gas only with a written answer from your building department.
Frequently asked questions
Is New York banning gas fireplaces?
Not in existing homes. The All-Electric Buildings Act applies to new buildings only. In a new building of seven stories or less, it would prohibit equipment that burns fossil fuel, which would include gas and propane fireplaces, once enforcement begins.
Can I replace my gas fireplace on Long Island?
Yes. The statute states that it does not apply to buildings that existed before the effective date, including repairs, alterations and the installation of fossil-fuel equipment in those buildings. A permit from your town or village is still typically required.
Is the New York gas ban in effect now?
As of October 19, 2026, no. The state agreed to suspend enforcement during the court challenge. The Second Circuit upheld the law on June 30, 2026, and the deadline to seek Supreme Court review is about November 24, 2026. Confirm the current status with your building department.
Does the law cover propane fireplaces?
Propane is a fossil fuel, so in a new building a propane fireplace would fall under the same prohibition as natural gas. In an existing home, propane fireplaces remain allowed.
Can I put a wood-burning fireplace in a new home on Long Island?
Wood is not a fossil fuel, but we have not found state guidance that specifically addresses wood-burning fireplaces in new construction. Ask your town or village building department before designing a chimney.
Does the gas ban apply to renovations and additions?
No. Section 11-104(7)(a) lists repair, alteration, addition, relocation and change of use of existing buildings among the work the prohibition does not reach.
Talk to a specialist
Plan your fireplace with the law in view
We have been designing, selling, installing and servicing fire features and outdoor kitchens for over 30 years across New York City, Long Island, Westchester, New Jersey and South Florida. Bring your plans or a photo of your current fireplace, and we will show you the options that fit your house and your timeline.
Book a free consultation Call 718-326-4328Showroom: 58-30 Maspeth Ave, Maspeth, Queens. Our Greenvale, Long Island showroom at 13 Glen Cove Road opens winter 2026. Plan your visit.
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Written by the NYC Fireplaces & Outdoor Kitchens team. Last reviewed October 2026. We sell, install and service the products discussed here.
Sources: NY Energy Law 11-104, Mulhern Gas Co. v. Mosley case record, Second Circuit decision (NY Department of State), Barclay Damon alert, Spectrum News on the 2025 delay, Phillips Lytle alert, NYC DOB Local Law 154, Town of Islip fireplace permit requirements, Town of Washington building department summary. This article is general information, not legal advice. Regulations and court schedules change; always confirm with your local building department.