A working wood fireplace is one of the quiet luxuries of a prewar apartment or a brownstone parlor, and one of the most misunderstood features in New York real estate. The city stopped allowing new ones a decade ago, yet existing hearths remain legal to use. One section of the Air Pollution Control Code separates the two, and it is worth knowing before you light a fire, buy a home or plan a renovation. If you are weighing a conversion, our gas fireplace inserts and vented gas log sets are built for exactly this situation.
The short answer
New wood-burning fireplaces are banned in New York City. Under Local Law 38 of 2015, effective May 6, 2016, a fireplace installed on or after that date may burn only natural gas or renewable fuel. A fireplace that existed before then is grandfathered and may still burn wood, but only treated firewood with a moisture content of 20 percent or less by weight, renewable fuel, or another material the Department of Environmental Protection approves by rule. No fireplace may be used as a home's primary heat source, and co-op and condo rules can be stricter than the city's.
Key takeaways
- The rule lives in NYC Administrative Code Section 24-149.2, added by Local Law 38 of 2015 and in force since May 6, 2016.
- "Grandfathered" means installed before that date, or filed with the Department of Buildings on or before it. Those fireplaces may keep burning qualifying wood.
- Qualifying wood is treated firewood at 20 percent moisture or less. Wet, painted or scrap wood does not qualify.
- Converting an existing hearth to a vented gas log set or a direct vent gas insert is legal, and neither Local Law 154 nor the state's all-electric law reaches existing buildings.
- Have the chimney inspected before the season and before any conversion. A sound flue is the foundation of every option.
In this guide
- What is allowed, at a glance
- What does Local Law 38 actually say?
- What does grandfathered mean in practice?
- What can you burn in an existing NYC fireplace?
- How often should the chimney be inspected?
- Can you convert a wood fireplace to gas or electric?
- What do co-op and condo boards require?
- Wood fireplace rules in Manhattan, Brooklyn, Queens and beyond
- Our recommended models
- Which should you choose?
- Frequently asked questions
What is allowed, at a glance
| Situation in NYC | Allowed? | What it means for you |
|---|---|---|
| Existing wood fireplace, burning qualifying wood | Yes | Treated firewood at 20% moisture or less, with a safe chimney and your building's consent |
| New wood-burning fireplace | No | A fireplace installed since May 6, 2016 may run only on natural gas or renewable fuel |
| Fireplace as primary heat | No | Only when normal heat is out from a fire, explosion, power loss or natural disaster |
| Gas logs or gas insert in an existing firebox | Yes | Vented products only, gas work by a Licensed Master Plumber under a DOB permit |
| Electric insert in an existing firebox | Yes | No combustion, no venting, no gas permit |
| Vent-free gas logs | No | The NYC Fuel Gas Code does not allow unvented gas fireplaces or logs |
What does Local Law 38 actually say?
Local Law 38 of 2015 rewrote much of the city's Air Pollution Control Code. The fireplace rule it created is now Section 24-149.2 of the Administrative Code, and it took effect on May 6, 2016. You will still see references to a "2014 ban"; that is when the bill was introduced, not when it became law.
The section sorts every fireplace into "existing" or "new" by installation date, limits new fireplaces to natural gas or renewable fuel, sets a fuel rule for existing ones, and bars any fireplace from serving as a primary heat source except when a building's normal heat is knocked out by a fire, explosion, power loss or natural disaster. It also ties fireplace operation to federal particulate emission standards.
The same law added Section 901.3 to the NYC Mechanical Code, so no new solid fuel-burning fireplace may be permitted unless it burns a fuel the Air Code allows. That is how the rule reaches every DOB filing.
What does grandfathered mean in practice?
The code defines an existing fireplace as one installed before May 6, 2016. It also treats a fireplace as existing if its construction documents were filed with the Department of Buildings on or before that date, which protected projects already in the pipeline when the law changed. If your fireplace meets that test, you may keep using it with wood.
Grandfathered is a status, not a permission slip. The fuel rule and the primary heat rule still apply, and keeping the fireplace and chimney safe falls on the owner.
The status is also tied to the fireplace itself. Because a new fireplace is defined by when it was installed, our reading is that a hearth that is demolished and rebuilt, or relocated in a renovation, would be treated as new and limited to gas or renewable fuel. If keeping a wood fire matters to you, raise it with your architect and the Department of Buildings before demolition, not after.
From our install team
When clients buy a townhouse with "two working fireplaces" in the listing, we suggest treating that phrase as a question rather than a fact. A fireplace can be legally grandfathered and still have a cracked flue liner or a damper rusted shut. The camera inspection, not the listing, tells you whether it works.
What can you burn in an existing NYC fireplace?
The code allows three categories for a grandfathered fireplace:
- Treated firewood with a moisture content of 20 percent or less by weight. "Treated firewood" is borrowed from New York State's firewood regulation, 6 NYCRR 192.5, which governs how firewood is handled to stop the spread of invasive pests. In practice, that points to kiln-dried, heat-treated firewood sold with its treatment labeled.
- Renewable fuel, as the code defines it.
- Any other material the Department of Environmental Protection designates by rule.
An inexpensive moisture meter settles the 20 percent question; split a log and test the fresh face. Manufactured fire logs are not named in the law. Whether a particular log qualifies depends on DEP's rules, so if you prefer them, confirm with DEP through 311 before relying on them. What never qualifies is anything painted, stained, pressure-treated or glued, along with trash, packaging and construction scrap.
Keep the tools that make a wood fire safe close at hand: a proper screen, a grate and an ash container. Our fireplace screens and fireplace accessories cover the essentials.
How often should the chimney be inspected?
Once a year, by a professional. That is the guidance from the U.S. Fire Administration, and it reflects NFPA 211, the national standard for chimneys, fireplaces and vents. The standard also calls for a deeper inspection, typically with a camera run up the flue, when the use of the chimney changes: a conversion to gas, a new appliance, the sale of the home, or after a chimney fire.
For a wood fire, the inspector checks the liner, damper, smoke chamber and firebox masonry, and the creosote that needs sweeping. For a conversion the questions shift: a vented log set uses the existing flue, so it must be sound, while a direct vent insert runs its own liners up the chimney, which forgives a worn clay liner but not a blocked one.
Can you convert a wood fireplace to gas or electric?
Yes, and it is often the most rewarding change you can make to an old hearth. There are three paths.
Vented gas log set
A burner and logs sit in the firebox and vent up the existing flue, with the damper clamped open. It is the least invasive conversion and mostly about ambience, since much of the heat goes up the chimney. Our gas log set buying guide covers sizing and ignition. Only vented sets are legal in the city.
Direct vent gas insert
A sealed, glass-fronted firebox slides into the opening and breathes through liners run up the chimney. Choose it when you want the fireplace to warm the room. Our comparison of a gas insert versus a new direct vent fireplace walks through the tradeoffs.
Either gas path requires a gas line run by a Licensed Master Plumber under a DOB permit. Vented gas fireplaces and log sets manufactured since June 26, 2023 must also meet New York State appliance standards, so ask for the model's listing in the state database before you buy.
Electric firebox insert
An electric firebox insert or electric log set fills the opening with no combustion at all. Many plug into a standard outlet; larger units may want a dedicated or 240 volt circuit. It is the simplest approval in a co-op, and our electric fireplace buying guide explains heat output and sizing.
Do Local Law 154 or the state gas ban stop a conversion?
No. NYC Local Law 154 applies to new buildings and projects DOB requires to be filed as new buildings. New York State's All-Electric Buildings Act (Energy Law Section 11-104) also covers only new construction and expressly excludes continued use and installation of fossil fuel equipment in existing buildings. The state law is not yet enforced while litigation continues, so confirm its status with your building department. Our guide to Local Law 154 and fireplaces has the full detail.
Not sure what fits your hearth? Send us photos of the firebox, the damper and the chimney top, with the opening's width, height and depth. Book a free design consultation and we will tell you whether logs, an insert or electric makes sense before anyone touches the masonry.
What do co-op and condo boards require?
City law sets the floor; your building sets the rules you live by, and they are often stricter. Some boards prohibit wood fires outright, and many want a current chimney inspection on file. Insurers can add conditions of their own.
For a conversion, expect the managing agent to ask for an alteration agreement, the Licensed Master Plumber's scope and permit, the appliance's installation manual and the installer's certificate of insurance. Read the house rules before you buy anything.
From our install team
Board packages move faster when the manufacturer's installation manual travels with the application. We send it with the plumber's scope and the venting plan in one package, so the building engineer sees exactly what goes up the chimney and where the gas line runs.
Wood fireplace rules in Manhattan, Brooklyn, Queens and beyond
Section 24-149.2 applies across all five boroughs: Manhattan, Brooklyn, Queens, the Bronx and Staten Island. A brownstone in Park Slope, a prewar co-op on the Upper West Side and a detached house in Bayside or Tottenville follow the same fuel and primary heat rules. The NYC Fuel Gas Code's prohibition on vent-free gas logs applies in every borough too; see our vent-free versus direct vent guide for why.
Local Law 38 stops at the city line. In Nassau, Suffolk and Westchester, wood-burning fireplaces fall under state and local codes rather than the NYC Air Code. For new construction there, the state's all-electric law targets fossil fuel equipment; wood is not a fossil fuel, but confirm with your town's building department before designing a new wood hearth. Our guide to the state gas ban on Long Island covers what applies to new builds outside the city.
For everything else that is legal in a NYC apartment or townhouse, see our NYC fireplace code guide.
Our recommended models
Each of these fits an existing masonry firebox, which is the situation behind nearly every grandfathered fireplace in the city. We chose two gas inserts, two vented log sets and two electric options so every path is covered.
Gas Inserts Gas Log Sets Electric Firebox Inserts Direct Vent Gas Fireplaces Fireplace Accessories
Which should you choose?
Keep burning wood if:
- The fireplace predates May 2016 and the chimney passes a camera inspection.
- Your building permits wood fires.
- You are happy to buy treated, dry firewood and to sweep the flue every year.
Convert to gas if:
- You want fire at the touch of a remote: logs for the look, an insert for heat.
- Gas service can reach the hearth and the board will approve the plumbing.
- The room runs cold and an insert can help.
Go electric if:
- The chimney is unusable or the building bans combustion.
- There is no practical way to bring gas to the fireplace.
- You want the fastest approval and no permit for gas.
Our recommendation: with a sound chimney in a house or townhouse, a direct vent gas insert is the most satisfying long term answer: real heat, no ash, a sealed firebox. If you love the open hearth and the room already has heat, a vented log set preserves it. In a co-op with a tired flue, an electric insert returns the fireplace with the least friction.
General information, not legal advice. Confirm requirements with the NYC Department of Buildings, DEP for fuel rules, your building and a Licensed Master Plumber before starting work.
Frequently asked questions
Are wood-burning fireplaces illegal in NYC?
New ones are. Since May 6, 2016, a newly installed fireplace may burn only natural gas or renewable fuel. A fireplace that existed before then may still burn qualifying wood.
What kind of firewood is legal in an existing NYC fireplace?
Treated firewood with a moisture content of 20 percent or less by weight, under Administrative Code Section 24-149.2. Renewable fuel and materials approved by DEP rule are also allowed. Painted, stained or scrap wood is not.
Can I use my fireplace to heat my apartment?
Not as the primary heat source. The code allows that only when the building's normal heat is out because of a fire, explosion, power loss or natural disaster.
Can I convert my wood fireplace to gas in NYC?
Yes. A vented gas log set or a direct vent gas insert can go into an existing firebox, with the gas line run by a Licensed Master Plumber under a DOB permit. Vent-free gas logs are not allowed in the city.
Does Local Law 154 affect my existing fireplace?
No. Local Law 154 covers new buildings and projects filed as new buildings. The state All-Electric Buildings Act also excludes existing buildings.
If I renovate, will I lose my grandfathered wood fireplace?
Possibly. A new fireplace is defined by when it was installed, so a hearth that is rebuilt or relocated may be treated as new and limited to gas or renewable fuel. Confirm with your architect and the Department of Buildings before demolition.
Talk to a specialist
Give an old hearth its next chapter
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 photos of your fireplace and we will help you choose between keeping it, converting it to gas, or going electric.
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: NYC Administrative Code Section 24-149.2, Fireplaces, Local Law 38 of 2015, NYC DOB Construction Codes Update 11 (Mechanical Code 901.3), NYC DOB 2022 Construction Codes, NYC DOB Local Law 154, NY Energy Law Section 11-104, NYSERDA appliance standards for gas fireplaces, U.S. Fire Administration heating safety, NFPA 211. Codes change; always confirm with the NYC Department of Buildings and the manufacturer's current installation manual.