Elmira, N.Y., Code ch. 8, art. V § 8-351
Occupancy classification of buildings
Operative Text
Buildings, for the purpose of this article, shall be classified in respect to their uses or occupancies, as follows: (a) One- and two-family dwellings. (b) Multiple dwellings. (1) Apartment houses, apartment hotels; (2) Hotels, motels, boatels; (3) Lodginghouses, roominghouses and boardinghouses; (4) Clubs, dormitories, fraternity and sorority houses. (c) Mixed occupancy buildings. (1) Residential and accessory use parts shall be classified as multiple dwellings. (2) Nonresidential parts shall be classified in accordance with their occupancy and use under the state building construction code. Components of such parts including, but not limited to, structural elements, mechanical and electrical service equipment, and fire protection equipment shall be subject to applicable provisions of this article and generally accepted standards of engineering and fire protection practice, so as to ensure the health, safety and welfare of the residential occupants of the building. (d) Accessory structures.
Elmira Code ch. 8, art. V § 8-351 establishes a classification system that sorts buildings into categories based on how they are used or occupied. The categories range from one- and two-family dwellings to multiple dwellings (such as apartment houses, hotels, and rooming houses), mixed-occupancy buildings, and accessory structures. For mixed-use buildings, the residential portions are treated as multiple dwellings, while non-residential portions follow state building construction code standards, with all components held to standards designed to protect the health, safety, and welfare of residential occupants.
Plain English — not legal advice.
Property owners and managers operating under Elmira Code ch. 8, art. V § 8-351 generally ensure that each building they manage is correctly identified under the applicable occupancy classification, since different categories carry different regulatory obligations. Operators of mixed-use buildings typically pay particular attention to how the residential and non-residential portions are distinguished, making sure that structural, mechanical, electrical, and fire protection components in non-residential areas still meet the standards required to protect residential occupants. Maintaining accurate records of a building's use and occupancy type is a common practice among compliant operators, as misclassification can affect which code provisions apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Elmira Code ch. 8, art. V § 8-351, residential occupants of any classified building—whether an apartment house, rooming house, or the residential portion of a mixed-use building—are entitled to the health, safety, and welfare protections that flow from the correct classification of their building. If a tenant believes their building has been improperly classified or that non-residential components of a mixed-use building are creating unsafe conditions for residents, they may raise this as a concern with local code enforcement authorities in Elmira. Tenant-rights organizations familiar with local housing codes can help residents understand what protections apply to their specific building type 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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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