Elmira, N.Y., Code ch. 8, art. V § 8-404
Fireplaces
Operative Text
(a) Fireplaces and other construction and devices intended for use similar to a fireplace shall be stable and structurally safe and connected to approved chimneys. (b) Fireplaces and similar construction and devices shall be installed and maintained so that when in use, adjacent combustible materials or construction will not be heated to a temperature exceeding 175 degrees Fahrenheit, nor ignited by sparks or embers from the fire.
Elmira Code ch. 8, art. V § 8-404 establishes safety standards for fireplaces and similar heating devices in residential and other properties. These appliances must be structurally sound, connected to approved chimneys, and installed in a way that prevents nearby combustible materials from reaching 175°F or being ignited by sparks or embers. The rule applies both at the time of installation and on an ongoing maintenance basis.
Plain English — not legal advice.
Under Elmira Code ch. 8, art. V § 8-404, property owners and managers are generally expected to ensure that any fireplace or similar device is structurally stable, vented through an approved chimney, and surrounded by materials that can withstand the heat and spark exposure generated during normal use. Compliant operators typically conduct periodic inspections of fireplace installations and chimney connections to confirm that no adjacent combustible materials are at risk of overheating or ignition. Keeping records of inspections and any maintenance performed can help demonstrate ongoing compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Elmira Code ch. 8, art. V § 8-404 gives tenants a basis to raise concerns if a fireplace or similar device in their unit appears structurally unsound, lacks a proper chimney connection, or poses a fire risk to nearby walls, flooring, or furnishings. Tenants who observe such conditions may consider documenting the issue in writing and notifying their landlord, or contacting the appropriate Elmira code enforcement office to request an inspection. Tenant-rights organizations familiar with local housing codes can also help explain what options may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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