Elmira, N.Y., Code ch. 8, art. V § 8-422

Heating

In Force
Verified 11/6/2026 · Next check 12/6/2026
ElmiraSpecific Conditions

Operative Text

Elmira, N.Y., Code ch. 8, art. V § 8-422
13-94.1. General.
(a) Buildings and structures intended or used for residential occupancy, during the period set forth in subsection 13-94.1(b) of this subsection, shall be provided with heating equipment of an approved fixed type, capable of producing and providing an indoor temperature of 70 degrees Fahrenheit, measured at a distance of three feet and more from exterior walls, and at a level of five feet above the floor.
(b) In one- and two-family dwellings, not wholly owner occupied, and in all multiple dwellings, heat shall be provided whenever occupied during the period from September 15 to May 31. Temperatures shall be maintained in habitable spaces, kitchenettes, toilet rooms and bathrooms, as follows:
(1) From 6:00 a.m. to 11:00 p.m., not less than 70 degrees Fahrenheit when the outside temperature falls below 55 degrees Fahrenheit; and
(2) From 11:00 p.m. to 6:00 a.m., not less than 55 degrees Fahrenheit when the outside temperature falls below 40 degrees Fahrenheit.
Column I | Column II | Column III
From October 1 to May 31 | From September 15 to May 31 | From September 1 to June 15
Counties having less than 5,700 1 annual heating degree days: New York Bronx Kings Queens Richmond Nassau Suffolk Westchester | Counties having 5,700--8,000 1 annual heating degree days: All counties except those listed in columns I and III | Counties having more than 8,000 1 annual heating degree days: Clinton Essex Franklin Hamilton Herkimer St. Lawrence
1 Based on 1931--1960 data compiled by weather bureau stations in the state and published by the United States Weather Bureau. Figures are approximate for counties listed. For certain county areas which do not conform to annual heating degree days shown in column, consult weather bureau station and adjust heating period accordingly.
The term "annual heating degree days" means the yearly total of the daily difference between 65 degrees Fahrenheit and the mean outdoor temperature below 65 degrees Fahrenheit, during the period from July 1 through June 30 of the following year.
13-94.2. Air pollution. Contaminants emitted into the atmosphere from fuel-burning equipment shall not violate air pollution control regulations promulgated pursuant to state law, nor that of any other governmental authority having jurisdiction.
12-94.3. Warm air heating. Ducts and air handling equipment used for heating shall conform to the requirements of subsections 13-100.5, 13-100.6 and 13-100.7(c) of section 8-428 .
13-94.4. Prohibited heat producing equipment.
(a) Portable heating equipment using kerosene or other flammable liquids shall be prohibited.
(b) Unvented fuel-burning space heaters shall be prohibited.
(c) Fuel-burning heat producing equipment shall not be located in exits.
(d) Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms.
13-94.5. Fuel supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. Fuel supply connection to such equipment shall be made with pipe or tubing of solid metal, or an approved appliance connector.
13-94.6. Installation and clearance. Where heat-producing or cooking equipment is installed on, or adjacent to, combustible materials, the location, insulation, clearance and the control of the equipment shall be such that the temperature of the surface of the combustible materials will not exceed 175 degrees Fahrenheit.
13-94.7. Air supply.
(a) Fuel-burning heating equipment and the enclosure in which it is located shall be provided with a supply of air adequate both for complete combustion at the rated gross output of the equipment and for the ventilation of the enclosure.
(b) Rooms containing fuel-burning equipment shall have such air supply provided by one or more openings to the exterior, or by fixed openings to interior spaces which open to exterior.
13-94.8. Removal of products of combustion.
(a) Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues, and shall not be connected to gas vents.
(b) Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent. Where a gas vent is used, a permanent sign stating the type of heating equipment which may be connected to the gas vent shall be provided, and located where the gas vent passes through the wall or ceiling.
13-94.9. Safety devices.
(a) Equipment capable of developing hazardous pressures or temperatures shall be provided with devices to relieve safely such pressures and temperatures.
(b) Controls for the safe operation of automatically operated heat producing equipment shall be provided to function as follows:
(1) When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off.
(2) When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate.
(3) When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off.
(4) When failure or interruption of pilot light or main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off.
(c) Fuel-burning space heaters located in bathrooms or toilet rooms less than 100 square feet in area, or in sleeping rooms, shall be provided with controls to cut the flame or ignition, or whenever a predetermined temperature or pressure is exceeded.
13-94.10. Expansion tanks. Hot water heating systems shall be provided with expansion tanks.
13-94.11. Heating of garages.
(a) Fuel-burning equipment for garages shall be located in heater rooms, except that equipment burning gas or liquid fuel, located in the vehicle storage space, shall be permitted in stories at or above grade where elevated as follows:
(1) Suspended heaters shall be at least eight feet above the floor level.
(2) Floor-mounted heaters shall be installed on a noncombustible platform not less than 18 inches above the floor level, and shall be protected against physical damage.
(b) Garages heated by recirculated air shall be provided with a mechanical means of air handling designed to introduce a sufficient quantity of fresh air to prevent the accumulation of vapors or gasses near the floor. Recirculated air shall not be taken from stories below grade level. For stories above grade level, openings for return air shall be at least 18 inches above floors.
Source: Legislative text reproduced verbatim
Plain English

Elmira Code ch. 8, art. V § 8-422 establishes detailed requirements for heating systems in residential buildings, covering minimum indoor temperatures, heating seasons, equipment types, installation standards, safety devices, and ventilation. During the heating season (September 15 to May 31 for most areas), residential buildings must maintain at least 70°F during daytime hours and at least 55°F overnight when outdoor temperatures drop below specified thresholds. The provision also prohibits certain dangerous equipment—such as portable kerosene heaters and unvented fuel-burning space heaters—and sets technical standards for fuel connections, combustion air supply, and safety controls.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 6, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to Elmira Code ch. 8, art. V § 8-422 generally ensure that all residential units are equipped with approved, fixed heating systems capable of reaching 70°F, measured at the specified distances from walls and floor height. Compliant operators maintain the required temperature schedules throughout the heating season, keep prohibited equipment (such as portable kerosene heaters and unvented space heaters) off the premises, and verify that fuel-burning equipment meets the installation, clearance, venting, and safety-device requirements spelled out in the provision. Routine inspections of heating equipment, fuel connections, expansion tanks, and combustion air openings are practices commonly associated with ongoing compliance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Elmira Code ch. 8, art. V § 8-422, tenants in non-owner-occupied one- and two-family dwellings and all multiple dwellings are entitled to specified minimum temperatures in habitable spaces, kitchenettes, bathrooms, and toilet rooms throughout the heating season. If heat falls below the required thresholds—70°F from 6 a.m. to 11 p.m. or 55°F overnight, when outdoor conditions trigger those requirements—tenants may have grounds to raise a violation with local code enforcement or housing authorities in Elmira. Tenant-rights organizations can help residents understand documentation practices and the range of options available when heating standards under this provision are not being met.

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.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Elmira Code § 8-359
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-403
Elmira Code § 8-426
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-359

Related Rules

§ 244.290
Dwelling plumbing facilities required
§ 244.300
Shared bath dwelling unit plumbing facilities required
§ 244.310
Basement water closet

Source Information