Elmira, N.Y., Code ch. 8, art. V § 8-404

Fireplaces

In Force
Verified 11/6/2026 · Next check 12/6/2026
ElmiraSpecific Conditions

Operative Text

Elmira, N.Y., Code ch. 8, art. V § 8-404
(a) Fireplaces and other construction and devices intended for use similar to a fireplace shall be stable and structurally safe and connected to approved chimneys.
(b) Fireplaces and similar construction and devices shall be installed and maintained so that when in use, adjacent combustible materials or construction will not be heated to a temperature exceeding 175 degrees Fahrenheit, nor ignited by sparks or embers from the fire.
Source: Legislative text reproduced verbatim
Plain English

Elmira Code ch. 8, art. V § 8-404 establishes safety standards for fireplaces and similar heating devices in residential and other properties. These appliances must be structurally sound, connected to approved chimneys, and installed in a way that prevents nearby combustible materials from reaching 175°F or being ignited by sparks or embers. The rule applies both at the time of installation and on an ongoing maintenance basis.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 6, 2026

Plain English — not legal advice.

For Property Managers

Under Elmira Code ch. 8, art. V § 8-404, property owners and managers are generally expected to ensure that any fireplace or similar device is structurally stable, vented through an approved chimney, and surrounded by materials that can withstand the heat and spark exposure generated during normal use. Compliant operators typically conduct periodic inspections of fireplace installations and chimney connections to confirm that no adjacent combustible materials are at risk of overheating or ignition. Keeping records of inspections and any maintenance performed can help demonstrate ongoing compliance with this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Elmira Code ch. 8, art. V § 8-404 gives tenants a basis to raise concerns if a fireplace or similar device in their unit appears structurally unsound, lacks a proper chimney connection, or poses a fire risk to nearby walls, flooring, or furnishings. Tenants who observe such conditions may consider documenting the issue in writing and notifying their landlord, or contacting the appropriate Elmira code enforcement office to request an inspection. Tenant-rights organizations familiar with local housing codes can also help explain what options may be available 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.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Elmira Code § 8-359
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-403
Elmira Code § 8-426
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-359

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§ 244.310
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Source Information