One of the most common questions we hear in our Maspeth showroom after 30+ years serving New York City: "Can I still have a wood-burning fireplace in NYC?" The short answer is that it depends on whether your fireplace already exists. Here is what the law actually says and what your options are.
The 2014 Ban on New Wood-Burning Fireplaces
In 2014, as part of a citywide clean-air initiative, New York City banned the construction of new wood-burning fireplaces. The rule was carried into the NYC Mechanical Code through Local Law 38 of 2015, which took effect May 6, 2016. Under Section 901.3 of the Mechanical Code, no new solid fuel-burning fireplaces or appliances are permitted in the five boroughs, except those burning fuel types allowed by the NYC Air Pollution Control Code.
In practice, this means you cannot add a traditional wood-burning fireplace to a new building, a gut renovation, or a home that never had one.
Existing Fireplaces Are Grandfathered
If your brownstone, prewar co-op, or house already has a legal, functioning wood-burning fireplace, you can keep using it. Existing units were grandfathered in when the ban passed. Only a few thousand legal, working wood-burning fireplaces are estimated to remain across the five boroughs, which is part of why apartments with a working fireplace command a premium.
Keep in mind that maintenance still matters: chimneys and flues must be kept in safe condition, and many co-op and condo boards impose their own rules on fireplace use, sometimes stricter than the city's.
What You CAN Legally Install in NYC
1. Direct Vent Gas Fireplaces
Vented gas fireplaces are legal in NYC and are regulated by the NYC Fuel Gas Code. Direct vent units draw combustion air from outside and exhaust outside through a sealed system, so no chimney is required. They are the closest experience to a real wood fire that you can still permit and install in the city. Browse our direct vent gas fireplaces.
2. Vented Gas Log Sets
If you have an existing wood-burning firebox and want an easier, cleaner flame, a vented gas log set installed in your existing fireplace is a popular conversion. The burner connects to a gas line inside the firebox and uses your existing flue. See our vented gas log sets.
3. Electric Fireplaces
Electric fireplaces plug into a standard 110V outlet, need no venting, no gas line, and no permit for the appliance itself, which makes them the simplest option for condos and apartments. They come in wall-mounted, built-in, insert, and mantel styles. Shop electric fireplaces.
4. Bioethanol Fireplaces
Bioethanol units burn a liquid, plant-derived fuel and produce a real flame with no smoke, soot, or chimney. They are primarily decorative and building or fire-department requirements can apply, so check with your building before installing. Explore ethanol fireplaces.
Important: Vent-Free Gas Is Not Legal in NYC
A point that surprises many shoppers: the NYC Fuel Gas Code prohibits the installation of unvented (vent-free) gas space heaters, gas stoves, gas logs, gas fireplaces, and gas fireplace inserts. Products marketed as "ventless gas" elsewhere in the country cannot be installed in the five boroughs. If a contractor proposes a ventless gas unit for a Manhattan apartment, that is a red flag.
The Bottom Line
- Existing wood fireplace: legal to use, maintain it properly.
- New wood fireplace: not permitted in NYC.
- Direct vent gas, vented gas logs, electric, bioethanol: all viable, legal paths to a fire feature in the city.
- Ventless gas: prohibited in NYC.
This article is general information, not legal advice. Codes change and buildings differ; always confirm requirements with the NYC Department of Buildings, your building management, and a licensed installer before starting work.
Our team designs, sells, and installs code-compliant fireplaces across NYC and Long Island every week. Visit our Maspeth showroom at 58-30 Maspeth Ave, call us at 718-326-4328, or book a free consultation and we will walk you through what is possible in your space.