Wallkill, N.Y., Code of Ordinances ch. 140 (eCode360 ed. 2026) § 140-28
Air-conditioning and mechanical ventilation
Operative Text
A. One- and two-family dwellings. (1) Exhaust air from a dwelling unit shall not be circulated to another dwelling unit. (2) Ducts shall be securely fastened in place and appropriately fire-stopped. B. Multiple dwellings. (1) Refrigerants. (a) Refrigerants that are highly flammable shall not be used in multiple dwellings. (b) Direct systems using refrigerants that are flammable or toxic shall not be used for air-conditioning purposes. (2) Ventilating systems. (a) Ventilating systems shall be installed and maintained so that the rapid spread of heat, flame or smoke through the system will be prevented and so that under conditions of use the temperature of any combustible material adjacent thereto or in contact therewith will not exceed a safe temperature. (b) Stairways, passageways, exits, shafts, hoistways or attics shall not be used as plenum chambers. (c) Ducts shall be securely fastened in place and appropriately fire-stopped. (d) Ducts and other air-handling equipment shall be of noncombustible material. (e) Filters shall be installed and maintained so as not to constitute a fire or smoke hazard. (f) Ducts passing through or located within combustible construction shall be separated from such construction by a clearance of at least 1/2 inch or by a noncombustible insulating material at least 1/4 inch thick. (g) Air required for ventilation shall be taken from the exterior or shall be quality-controlled. (h) Exhaust air from a dwelling unit or a space whose contents may emit odors, fumes or vapors shall not be circulated to other occupied spaces within the building. (3) Air intake and exhaust openings. (a) Air intake and exhaust openings shall be installed, located and maintained so as not to constitute a hazard or nuisance and so as to prevent the possibility of fire, smoke, fumes or foreign matter being drawn into the system. (b) Ventilating systems shall be provided with adequate openings for incoming and outgoing air to obtain the required circulation. Intake openings shall provide air from an uncontaminated source. (c) Where openings for mechanical exhaust are located in spaces that also contain fuel-burning equipment, there shall be provided fixed intake openings from the exterior to supply sufficient air so that the fuel-burning equipment is not adversely affected. (d) Exhaust openings shall be located so that the exhaust air will not create a nuisance. (4) Ventilation requirements. (a) Enclosures or spaces where heat, gases, vapors or odors may accumulate and become a potential source of hazard or nuisance shall be provided with adequate means of ventilation to remove such excess. (b) Public spaces shall be provided with means for obtaining air supply for the maximum number of persons for which such spaces are designed. (5) Safety controls. (a) Manually operated controls shall be provided to stop the operation of all central fan equipment. Such controls shall be conspicuously identified and in readily accessible locations outside the fan room. (b) Every system using recirculated air and serving an assembly space or more than one fire area or more than one story of a building shall be provided with controls arranged so that under abnormal rise in temperature of the air in the system the fans causing normal circulation shall stop and require manual restart. (c) Every system for ventilating an assembly space shall be provided with an emergency switch conveniently located and with a durable sign giving instructions for shutting down the system in case of fire.
Wallkill, N.Y., Code of Ordinances ch. 140 § 140-28 establishes fire, smoke, and air-quality standards for heating, ventilation, and air-conditioning systems in both one- and two-family homes and multiple dwellings. The rule prohibits practices that could spread fire or contaminated air between units or spaces, such as recirculating exhaust air from one dwelling to another or using highly flammable refrigerants in multi-unit buildings. It also sets construction and maintenance standards for ducts, filters, intake and exhaust openings, and requires safety controls—including manual shutoffs and automatic fan-stop mechanisms—to limit the spread of heat, flame, or smoke through ventilation systems.
Plain English — not legal advice.
Operators of residential properties subject to § 140-28 generally keep ventilation and air-conditioning systems in continuous compliance by ensuring ducts are securely fastened, fire-stopped, and made of noncombustible materials, and by verifying that exhaust air from any dwelling unit is never recirculated to other occupied spaces. In multiple dwellings, compliant operators avoid highly flammable or toxic refrigerants, maintain filters so they do not pose a fire or smoke hazard, and confirm that duct clearances from combustible construction meet the minimum spacing requirements stated in the provision. Safety controls required under § 140-28—including conspicuously identified manual shutoffs outside fan rooms and automatic fan-stop controls for systems serving assembly spaces or multiple fire areas—are typically tested and kept in working order as part of routine building maintenance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 140-28, residents of both single-family homes and multiple dwellings have an interest in ventilation systems that do not circulate exhaust air, fumes, or vapors from one unit into their living space, and in buildings where fire-safety controls on HVAC equipment are properly installed and maintained. If a tenant believes a ventilation system in their building is not meeting these standards—for example, if odors or fumes appear to be entering from another unit through shared ductwork—they may document the conditions and report concerns to the local code enforcement or building department in Wallkill. Tenants can also consult a tenant-rights organization for guidance on how § 140-28 requirements may relate to habitability standards or other available remedies.
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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