Waverly, N.Y., Code of Ordinances ch. 93 (eCode360 ed. 2026) § 93-32
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 firestopped. 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 1/2 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.
Waverly, N.Y., Code of Ordinances ch. 93 § 93-32 establishes fire, smoke, and air-quality standards for air conditioning and mechanical ventilation systems in both one- and two-family dwellings and multiple dwellings. The rule prohibits practices that could spread fire, smoke, 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 requirements for duct construction, filter maintenance, air intake placement, and emergency shutoff controls to reduce hazards to building occupants.
Plain English — not legal advice.
Operators of properties subject to Waverly, N.Y., Code of Ordinances ch. 93 § 93-32 generally ensure that all ductwork is securely fastened, firestopped, and made of noncombustible materials, and that exhaust air from any dwelling unit is discharged to the exterior rather than recirculated to other occupied spaces. In multiple dwellings, compliant operators avoid flammable or toxic refrigerants, keep filters in a condition that does not create fire or smoke hazards, and maintain proper clearances between ducts and combustible construction. Operators of buildings with central fan systems also typically install and label manual shutoff controls in accessible locations outside the fan room, and provide emergency switches with posted instructions in any assembly spaces, as the provision requires.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Waverly, N.Y., Code of Ordinances ch. 93 § 93-32, tenants in both single-family and multi-unit buildings have an interest in ventilation systems that do not circulate exhaust air, fumes, or smoke from one unit into their living space. If a tenant observes conditions that appear to violate these standards — such as odors or smoke entering through ventilation ducts, or visibly unsecured ductwork — they may document the issue and report it to the local code enforcement or housing authority in Waverly. Tenant-rights organizations can help residents understand what remedies or complaint processes may be available under local housing codes.
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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