Oyster Bay, N.Y., Code of Ordinances ch. 135 (eCode360 ed. 2026) § 135-39
Heating requirements and equipment
Operative Text
A. General requirements. (1) Residential buildings intended for occupancy between the first day of November and the first day of May of the following year shall be provided with heating equipment designed and maintained to maintain a temperature of not less than 70° F. at a distance of three feet and more from exterior walls and at a level of five feet above the floor in habitable spaces, kitchenettes, bathrooms and toilet rooms. The capability of the heating equipment to maintain such an indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the locality. (2) In multiple dwellings, adequate heat shall be provided to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms at 70° F. from 6:00 a.m. to 11:00 p.m. when the outside temperature falls below 55° F. B. Warm-air heating. Ducts and other air-handling equipment for heating shall conform to the requirements of such equipment used for ventilating purposes. C. Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms. D. 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. E. Installation and clearance. Where heat-producing 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 on the surface of the combustible materials will not exceed a safe temperature. F. Air supply. (1) Direct-fired heat-producing 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 to prevent the accumulation of heat. (2) Rooms containing fuel-burning equipment shall have such air supply provided by means of one or more openings to the exterior or by means of fixed openings to interior spaces which open to the exterior. G. Removal of products of combustion. (1) Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues and shall not be connected to gas vents. Unvented heaters burning liquid fuel shall be prohibited. (2) Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed shall be connected to a suitable chimney, flue or gas vent. (3) Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when the discharge of products of combustion into the space where the equipment is installed would be a hazard. H. Safety devices. (1) Equipment capable of developing hazardous pressures or temperatures shall be provided with means to relieve safely such pressures and temperatures. (2) Controls for the safe operation of automatically operated heat-producing equipment shall be provided to function as follows: When failure or interruption of the flame or ignition occurs, the fuel supply shall be cut off. When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate. When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off. 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. I. Heating of garages. Fuel-burning equipment for garages servicing multiple dwellings 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 so as not to be exposed to possible accumulation of flammable gases.
Oyster Bay, N.Y., Code of Ordinances ch. 135 § 135-39 establishes comprehensive standards for heating systems in residential buildings. During the heating season (November 1 through May 1), buildings must be equipped and maintained to reach at least 70°F in living areas, kitchens, bathrooms, and toilet rooms, measured at a standard interior position. Multiple dwellings must actively deliver that 70°F threshold between 6 a.m. and 11 p.m. whenever outdoor temperatures drop below 55°F. The provision also sets safety rules covering equipment placement, fuel connections, combustion air supply, venting of exhaust gases, pressure and temperature relief devices, and the handling of heating equipment in garages.
Plain English — not legal advice.
Operators of residential properties in Oyster Bay should ensure that all heating equipment covered under ch. 135 § 135-39 is sized, installed, and maintained to reliably reach the 70°F indoor standard throughout the heating season. Compliant operators keep fuel connections made of solid metal pipe or tubing, ensure combustion air openings are unobstructed, and verify that all fuel-burning appliances are properly vented to approved chimneys or flues. Fuel-burning water heaters must be kept out of sleeping rooms, bathrooms, and toilet rooms, and any equipment capable of hazardous pressures or temperatures must be fitted with functioning safety relief controls.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ch. 135 § 135-39, tenants in multiple dwellings have a right to indoor temperatures of at least 70°F in habitable spaces, kitchens, bathrooms, and toilet rooms between 6 a.m. and 11 p.m. when outside temperatures fall below 55°F. If heat is not being provided as required, tenants may document the conditions—such as by recording indoor temperatures and dates—and report the issue to the Town of Oyster Bay's code enforcement or housing inspection office. Tenant-rights organizations can also help residents understand available remedies, including how a landlord's failure to comply with this provision may be raised in relevant proceedings.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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