Schenectady, N.Y., Code of Ordinances ch. 167 § 167-36
Heating
Operative Text
A. General requirements. (1) Residential buildings intended for occupancy between the first day of October and the 31st day of May of the following year shall provide heat with heating equipment designed to maintain a temperature of not less than 68º 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 indoor temperature shall be based on a minimum outside temperature of minus 10º F. (2) The provisions of this subsection shall not apply where the failure to maintain minimum requirements is caused by a general shortage of fuel, negligent or malicious act of the occupant, necessary repairs or alterations or any cause beyond the control of the owner or the occupant. B. Smoke control. Fuel-burning heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person. C. Warm-air heating. Ducts and other air-handling equipment used for heating shall conform to the requirements of such equipment used for ventilating purposes as set forth hereafter in §§ 167-41 and 167-42 . D. Prohibited locations for heat-producing equipment. (1) Portable heating equipment using kerosene or other flammable liquids shall be prohibited. (2) Fuel-burning water heaters shall not be located in sleeping rooms. E. Fuel supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. The fuel supply connection to such equipment shall be made with pipe or tubing of solid metal or approved connector. F. 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 175º F. G. 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. H. Removal of products of combustion. (1) Unvented, fuel-burning space heaters shall be prohibited. (2) 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. (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. I. 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 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 the pilot light on the main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off. (3) Expansion tanks. Hot-water heating systems shall be provided with expansion tanks or other means to allow for the expansion of water in the system. J. Heating of garages. (1) 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 as follows: Suspended heaters shall be at least eight feet above the floor level. 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. (2) In one- and two-family dwellings, a permanent heating or other appliance with an open flame, for use within a garage, shall be protected from physical damage by vehicles and, where intended for floor mounting, shall be installed on a noncombustible platform not less than 18 inches above the floor level. (3) 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 gases 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.
Section 167-36 of Schenectady's Code of Ordinances establishes comprehensive heating standards for residential buildings, covering the period from October 1 through May 31. During that heating season, habitable spaces must be maintained at a minimum of 68°F, measured three feet from exterior walls and five feet above the floor, based on an outside design temperature of -10°F. The provision also governs equipment safety, fuel connections, combustion ventilation, smoke control, prohibited heater types (including kerosene portables and unvented fuel-burning space heaters), and special rules for heating garages in both multi-family and one- and two-family dwellings.
Plain English — not legal advice.
Property owners and managers subject to § 167-36 generally ensure that heating systems are capable of maintaining 68°F throughout habitable spaces, kitchenettes, bathrooms, and toilet rooms during the October–May heating season, sized against a -10°F outdoor design temperature. Compliant operators keep fuel-burning equipment permanently fastened with solid-metal fuel connections, verify that combustion air supplies and venting meet the section's requirements, and avoid prohibited equipment such as portable kerosene heaters and unvented fuel-burning space heaters. Operators also confirm that garage heating installations meet the elevation and platform requirements specified in § 167-36(J) and that all safety controls—pressure relief, flame-failure cutoffs, and expansion tanks—are functional.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 167-36, tenants in Schenectady residential buildings have a right to heat maintained at no less than 68°F in living spaces, kitchenettes, and bathrooms throughout the October 1–May 31 heating season. If a landlord fails to provide adequate heat and the cause is not an occupant's own negligent or malicious act, a general fuel shortage, or a circumstance beyond anyone's control, that failure may constitute a code violation that tenants can report to Schenectady's code enforcement office. Tenants experiencing heating deficiencies may also wish to document conditions (dates, temperatures, communications) and consult a local tenant-rights organization to understand available remedies 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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