What the ADU amnesty program says about chimneys
The City of Albany's ADU Amnesty Program will not grant a permit for an ADU or JADU with listed substandard conditions. Those conditions include fireplaces or chimneys that list, bulge or settle due to defective material or deterioration. (Source: City of Albany Community Development Department, ADU Amnesty Program Sub-Standard Housing Assessment.)

This applies to owners seeking a permit for an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) through the amnesty program. If that unit has a fireplace or chimney, its condition matters. A chimney that leans, bulges or has sunk out of position because the material has failed is one of the listed conditions, so it needs to be corrected for the permit to go forward.
What it changes about the work
- The goal is a specific outcome. The chimney must no longer list, bulge or settle. Patching the surface of a bulge or sealing a crack on a stack that keeps moving does not reach that outcome.
- The cause matters as much as the symptom. The program names defective material and deterioration, so the work has to replace the failed brick and mortar, not just straighten what is visible.
- An inspection comes first. Booking a chimney inspection in Albany before deciding on scope shows how far the damage runs and whether it is limited to the top of the stack or extends lower.
- Timing affects your application. Getting the chimney assessed early helps you plan the rest of the ADU or JADU work around it, instead of finding the problem late.
Confirm the program details with the city
The City of Albany Community Development Department runs the ADU Amnesty Program and decides what it accepts. Check with the department on how to show that a listed chimney condition has been corrected for your application.
Masonry chimney rebuild in brief
A masonry chimney rebuild takes down the damaged part of a chimney and lays it back up with sound brick and fresh mortar, plumb and properly supported. Sometimes only the section above the roofline is rebuilt. Sometimes the damage runs deeper and more of the stack comes down. As the chimney goes back up, the flue, crown, cap and flashing are tied back in so the finished chimney sheds water and vents properly. Scope, steps and what to expect on the day are laid out under how chimney rebuild works.
When a rebuild fits, and when a smaller job does
A rebuild is the right call when the masonry itself has failed. Typical signs are a stack that visibly leans away from the house, brick that bows outward, a chimney that has dropped or separated at the roofline, or mortar so far gone that bricks are loose throughout a section. These match the conditions the amnesty program lists.
Not every damaged chimney needs to come down. Eroded mortar joints on an otherwise straight chimney can often be handled with tuckpointing. A cracked crown can be repaired or recast. Leaks around the base may only need new flashing. Leaning chimney repair sometimes stays partial when the movement is limited to the top courses. Our guide to chimney repair vs rebuild walks through how that line gets drawn, and the estimate will spell out which approach your chimney needs and why.
How to move forward
Request a free estimate
Estimates are free. Tell us whether the chimney belongs to an ADU or JADU in the amnesty program so the assessment focuses on the listed conditions.
Get the chimney assessed
We look at the lean, bulging or settling, how far the deterioration runs, and the condition of the flue, crown and flashing.
Agree on the scope
You get a clear recommendation: partial rebuild, full rebuild, or repair where a rebuild isn't needed.
Rebuild and tie in
The damaged masonry is replaced and the chimney's components are reconnected so it is ready for use.
More for your home
Our chimney rebuild service covers the full job in detail, and everything else we handle for homes in Albany is on one area page, from sweeping and inspections to masonry and fireplace work.
Sources (1)
The sources of the Albany facts on this page.
- 1City of Albany Community Development Department - ADU Amnesty Program Sub-Standard Housing Assessment

