Elmira, N.Y., Code ch. 8, art. V § 8-424
Incinerators
Operative Text
13-96.1. General. (a) Contaminants emitted into the atmosphere from incinerators shall not violate air pollution control regulations promulgated pursuant to state law, nor those of any other governmental authority having jurisdiction. (b) Incinerators shall be of adequate capacity for the intended use. (c) Flue-fed incinerators shall be provided with piping and equipment for burning auxiliary fuel in sufficient quantity to assure complete combustion of refuse. (d) A flue serving an incinerator shall be provided with a substantially constructed spark arrester. (e) Incinerator flues shall be connected to a suitable noncombustible chimney, smokestack, or flue. (f) Incinerator flues used also for dropping refuse shall be vertical, of noncombustible construction, shall have a smooth finish on the inside, and shall be arranged to provide free passage of refuse without clogging. 13-96.2. Service openings. (a) Service openings shall be readily accessible to the building occupants. (b) Service openings shall be equipped with metal, self-closing charging devices. An incinerator flue used also for dropping refuse shall have charging devices constructed so that openings to the flue are closed while the charging devices are in the open position. No part of the charging devices shall project into a refuse chute or incinerator flue. (c) Durable signs, with plainly legible letters, shall be conspicuously posted at service openings, stating: "Throwing lighted matches, cigars or cigarettes, carpet sweepings, naphthalene, camphor balls or flakes, floor scrapings, oil-soaked rags, paint cans, aerosol containers, or any other flammable or highly combustible or explosive substance into incinerator chutes is unlawful and subjects the offender to a penalty." 13-96.3. Incinerator rooms and refuse rooms. In incinerator rooms and refuse rooms, openings for charging refuse directly into incinerators shall be provided with charging doors, designed to minimize the heat transmitted to the incinerator or refuse rooms, and equipped with locks or safety devices to prevent tampering by unauthorized persons.
Elmira Code ch. 8, art. V § 8-424 establishes technical and safety standards for building incinerators, covering everything from air-pollution compliance and combustion capacity to flue construction and service-opening design. Incinerators must be built and maintained so that emissions meet applicable air-quality regulations, refuse moves freely without clogging, and sparks are contained. Service openings must be clearly signed, self-closing, and designed to prevent dangerous materials—such as flammable liquids, aerosol containers, or lit cigarettes—from being deposited into chutes.
Plain English — not legal advice.
Property owners and managers operating incinerators subject to Elmira Code ch. 8, art. V § 8-424 generally ensure that equipment is sized for actual use, flues are connected to noncombustible chimneys with functioning spark arresters, and auxiliary fuel systems support complete combustion. Compliant operators keep service openings accessible, install self-closing metal charging devices, and post durable, legible warning signs listing prohibited materials at every service opening. Incinerator and refuse rooms are typically secured with locks or safety devices to prevent unauthorized access or tampering.
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 § 8-424, building occupants are entitled to service openings that are readily accessible and clearly marked with signs explaining what materials are prohibited from incinerator chutes. If service openings lack required signage, self-closing devices, or safe access, tenants may have grounds to raise those conditions as code violations with the appropriate local housing or code-enforcement authority. Tenant-rights organizations can help residents understand what remedies or complaint processes may be available when incinerator equipment does not meet the standards set out in 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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