Wallkill, N.Y., Code of Ordinances ch. 140 (eCode360 ed. 2026) § 140-23
Heating
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 to maintain a temperature of not less than 70º 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 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 70º F. from 6:00 a.m. to 11:00 p.m. when the outside temperature falls below 55º F. 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. D. Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms. E. 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. 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 a safe temperature. 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) Equipment for burning solid 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. 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 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. J. 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.
Section 140-23 of Wallkill's Code of Ordinances establishes comprehensive standards for heating systems in residential buildings. From November 1 through May 1, covered buildings must be equipped to maintain at least 70°F in habitable spaces, kitchens, bathrooms, and toilet rooms, measured at specific distances from walls and floors. In multiple dwellings, that 70°F threshold must be actively maintained between 6:00 a.m. and 11:00 p.m. whenever outdoor temperatures drop below 55°F. The provision also governs fuel-burning equipment installation, combustion air supply, venting of combustion byproducts, safety controls, and restrictions on where certain equipment may be located.
Plain English — not legal advice.
Operators of residential properties in Wallkill are generally expected to ensure that heating equipment, as required under § 140-23, is sized and maintained to meet the 70°F indoor temperature standard throughout the heating season. In multiple dwellings, compliant operators typically monitor outdoor temperatures and confirm that heat is delivered to all required spaces during the mandated hours of 6:00 a.m. to 11:00 p.m. Beyond temperature delivery, § 140-23 requires attention to proper venting of combustion gases, adequate air supply to fuel-burning equipment, appropriate clearances from combustible materials, and the use of solid-metal fuel supply connections. Fuel-burning water heaters must not be placed in sleeping rooms, bathrooms, or toilet rooms, and garage heating equipment must meet the specific placement rules outlined in subsection J.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Wallkill's multiple dwellings have a right under § 140-23 to heat of at least 70°F in habitable spaces, kitchens, bathrooms, and toilet rooms between 6:00 a.m. and 11:00 p.m. during periods when outdoor temperatures fall below 55°F. If heat is not being provided as required, tenants may consider documenting temperature readings with dates and times, and can explore filing a complaint with the Town of Wallkill's code enforcement office, which oversees compliance with Chapter 140. Tenant-rights organizations familiar with New York housing law can help explain available remedies, including how a heating violation under § 140-23 might be raised in a housing proceeding.
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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