New York City has no ordinance specific to residential smokers or wood-fired ovens. Smoke nuisance is enforced through NYC Administrative Code Section 24-141.1 (visible smoke), DEP air-pollution complaints, and general nuisance under NYC Health Code.
There is no city section regulating residential smokers, wood-fired pizza ovens, or backyard smokehouses by name. Three frameworks apply. First, NYC Administrative Code Section 24-141.1 prohibits visible smoke emissions, defined as opacity greater than 20% Ringelmann 1 for more than 6 minutes per hour from any source, including residential wood-burning. Second, NYC DEP investigates air-pollution complaints submitted through 311 and may issue Notices of Violation under Chapter 13 of Title 24 (Air Pollution Control Code). Third, the NYC Department of Health can act under Health Code Article 17 if smoke creates a public health nuisance, and NYC Fire Code FC 307.5 prohibits any open-flame device including a smoker on combustible balconies in multi-dwelling buildings.
DEP issues OATH summonses with civil penalties from $200 to $4,500 under NYC Admin Code 24-178. FDNY violations of FC 307.5 carry penalties starting at $1,000. Repeat code violations may also result in injunctive relief.
New York, NY
New York City enforces strict noise rules under Administrative Code Title 24, Chapter 2 (the NYC Noise Code, rewritten by Local Law 113 of 2005). Sound excee...
New York, NY
NYC bans commercial vehicles on residential streets 9 PM-5 AM and caps any commercial-vehicle parking at 3 hours per block (NYC Admin Code §19-170). 'Commerc...
New York, NY
In NYC residence districts, Zoning Resolution §23-44 limits fences in front yards to 4 feet above adjoining grade and permits walls up to 8 feet (not roofed ...
New York, NY
Section 161.05 of the New York City Health Code requires every dog in any public place, or in any open or unfenced area abutting a public place, to be effect...
New York, NY
All consumer fireworks are illegal in New York City, including sparkling devices that are legal in much of New York State. NYC Fire Code Section FC 5601.3.2 ...
New York, NY
New York City has no ordinance specific to residential lawn ornaments, statuary, or year-round decorations on private property. Landmark Preservation Commiss...
See how New York's smoker rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.