Hornell, N.Y., Code of Ordinances ch. 178 § 178-28
Incinerators
Operative Text
A. General requirements. (1) Incinerators shall be of adequate capacity for the intended use. (2) Flue-fed incinerators shall be equipped with means for burning auxiliary fuel in sufficient quantity to assure complete combustion of refuse. (3) A flue serving an incinerator shall be provided with a substantially constructed spark arrester. (4) Incinerators shall be connected to a suitable noncombustible chimney, smokestack or flue. (5) Connections to incinerators shall provide free passage of refuse without clogging. B. Service openings. (1) Service openings shall be readily accessible to the building occupants. (2) Durable signs with plainly legible letters prohibiting the disposal of highly flammable substances in incinerators shall be provided near service openings.
Section 178-28 of Hornell's Code of Ordinances establishes construction and operational standards for incinerators in residential or commercial buildings. The rule covers requirements such as adequate capacity, spark arresters on flues, connections to noncombustible chimneys, and unobstructed refuse passages. It also mandates that service openings be accessible to building occupants and that durable warning signs prohibiting highly flammable materials be posted nearby.
Plain English — not legal advice.
Under § 178-28, property owners and managers who maintain incinerators are generally expected to ensure the equipment meets all specified construction standards, including proper flue connections, spark arresters, and auxiliary fuel capability for flue-fed units. Compliant operators keep service openings accessible and post clearly legible, durable signs near those openings warning occupants not to dispose of highly flammable substances. Routine inspection of connections and passages to prevent clogging is a common practice for maintaining compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 178-28 gives building occupants a basis to expect that any incinerator on the premises is safely constructed, properly connected, and equipped with posted warnings about flammable materials near service openings. If an incinerator appears to lack required safety features—such as a spark arrester, proper chimney connection, or warning signage—tenants may have grounds to raise a housing code violation with the City of Hornell's code enforcement office. Tenant-rights organizations or legal aid services can help residents understand what options are available when conditions appear to fall short of the standards set by 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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