Gates, N.Y., Code of Ordinances ch. 133 (eCode360 ed. 2026) § 133-6
Interior maintenance
Operative Text
A. Structural members shall be protected and maintained to resist and prevent deterioration (as required by the New York State Uniform Fire Prevention and Building Code). B. Ceilings, walls, floors and stairways shall be maintained in a safe and sound condition (as required by the New York State Uniform Fire Prevention and Building Code). C. It shall be prohibited to use for sleeping purposes any kitchen or nonhabitable space. It shall be prohibited to use any cellar space as habitable space. The definitions of "habitable space," "nonhabitable space," "kitchen" and "cellar" are those definitions in Part 606.3 of the New York State Uniform Fire Prevention and Building Code. D. Habitable space shall have natural light provided by means of one or more windows, skylights, transparent or translucent panels, or any combination thereof, that face directly on open space (as required by the New York State Uniform Fire Prevention and Building Code). E. Habitable space shall be provided with electric light appropriate for the intended use (as required by the New York State Uniform Fire Prevention and Building Code). F. Habitable space shall have natural ventilation provided by means of openable parts of windows or other openings in exterior walls that face directly on open space, or through openable parts of skylights (as required by the New York State Uniform Fire Prevention and Building Code). G. Kitchens without windows shall be provided with mechanical ventilation (as required by the New York State Uniform Fire Prevention and Building Code). H. Toilet room, bathroom and laundry room floors shall be maintained in a watertight condition (as required by the New York State Uniform Fire Prevention and Building Code). I. Toilet rooms and bathrooms shall be arranged to provide privacy (as required by the New York State Uniform Fire Prevention and Building Code). J. Toilet rooms and bathrooms shall be provided with natural or mechanical ventilation and light. K. Stairs serving occupied and habitable space shall be provided with electric light to allow safe ascent and descent. L. Heating equipment and chimneys. (1) Heating equipment for residential habitable space shall be maintained so as to provide an indoor temperature of 68° F., measured at a distance of two feet and more from exterior walls and at a level of five feet above the floor. (2) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be maintained structurally safe and smoketight, so as to safely convey the products of combustion to the outer air (as required by the New York State Uniform Fire Prevention and Building Code). (3) Heating equipment shall be maintained in good condition, in order to provide adequate and safe heat to occupied spaces, in the opinion of the Building Inspector. (4) Gas heating equipment shall have a shutoff valve provided at or near the source of supply. (5) Fuel gas piping systems shall be maintained gastight, safe and operative under conditions of use (as required by the New York State Uniform Fire Prevention and Building Code). (6) Fuel oil. (a) Fuel oil shall be stored and conveyed by means of fixed liquid-tight equipment (as required by the New York State Uniform Fire Prevention and Building Code). (b) Tanks subject to damage by vehicles shall be protected against such damage (as required by the New York State Uniform Fire Prevention and Building Code). (c) Tanks shall be maintained so as not to be a hazard to the premises served (as required by the New York State Uniform Fire Prevention and Building Code). (d) Abandoned underground residential heating oil tanks under 1,100 gallons shall be removed or closed on site by first removing the existing petroleum product and filling with a solid, inert material, using good engineering practice. Acceptable inert materials for closing a tank in place include sand and concrete slurry. These tanks shall be made safe by draining the connecting lines, disconnecting the suction inlet, gauge and vent lines and capping the remaining piping. M. Cooking and refrigeration. (1) There shall be provided within each dwelling unit approved-type cooking and approved-type refrigeration equipment located in a kitchen or kitchenette (as required by the New York State Uniform Fire Prevention and Building Code). (2) Electrical cooking and refrigeration equipment shall be properly connected to the electrical system (as required by the New York State Uniform Fire Prevention and Building Code). (3) Gas-burning cooking and refrigeration equipment shall be connected to the gas supply system with pipe or tubing of solid metal or approved appliance connectors (as required by the New York State Uniform Fire Prevention and Building Code). (4) Cooking and refrigeration equipment shall be maintained in good operating condition (as required by the New York State Uniform Fire Prevention and Building Code). N. Plumbing maintenance. (1) General plumbing systems shall be maintained in good, safe, sanitary and serviceable condition (as required by the New York State Uniform Fire Prevention and Building Code). (2) Water supply. (a) Potable water from an approved source shall be available at all times. The domestic water supply system of the building shall be connected to such approved source, shall not be subject to contamination and shall not be connected to unsafe water supplies (as required by the New York State Uniform Fire Prevention and Building Code). (b) Water supply systems shall be maintained to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily (as required by the New York State Uniform Fire Prevention and Building Code). (c) Backflow prevention devices required by the Commissioner of Public Works or other regulatory agencies, laws, rules or regulations must be installed and maintained in good working order to prevent contamination of the public water supply. (3) Hot water. Hot water shall be supplied. Water heaters or central water heating equipment shall be maintained in good operating condition (as required by the New York State Uniform Fire Prevention and Building Code). (4) Drainage. (a) Sewage and stormwater drainage systems shall be maintained so as to function properly and be kept free from obstructions, leaks and defects (as required by the New York State Uniform Fire Prevention and Building Code). (b) Stormwater drainage shall not interfere with the use of, or cause a nuisance to, adjoining properties. (c) Required oil separators, grease traps and other intercepting devices must be maintained in good and operable condition. O. Electrical maintenance. (1) Electrical fixtures, devices, wiring and systems shall be maintained in safe working condition in a manner which will avoid a potential source of ignition or shock. Deteriorated material and equipment shall be removed and replaced, as may be required (as required by the New York State Uniform Fire Prevention and Building Code). (2) Panel boards shall be kept free from encumbrances and shall be accessible at all times (as required by the New York State Uniform Fire Prevention and Building Code). (3) Electrical systems shall comply with the National Electrical Code (NEC) and the New York State Uniform Fire Prevention and Building Code. P. Exits. (1) Safe, continuous and unobstructed exit shall be maintained from the interior of a building or structure to the exterior at a street, or to a yard, court or passageway leading to a public open area (as required by the New York State Uniform Fire Prevention and Building Code). (2) Nothing shall be placed, accumulated or stored on any premises which obstructs egress from stairways, passageways, doors, windows, fire escapes or other means of exit. (3) In multiple dwellings, exits, including vestibules, stairways, passageways, corridors and hallways, but excluding fire escapes, shall be lighted with natural or electric light at all times so as to afford safe passage (as required by the New York State Uniform Fire Prevention and Building Code). (4) Enclosed stairways shall have handrails on at least one side. Open stairways shall have handrails on two sides. Q. Locking devices. (1) In every single- and two-family residence, each means of ingress and egress shall be equipped with a locking device. (2) In every multiple dwelling, all secondary means of egress, basement entrances and all entrances to accessory use areas shall be equipped with locking devices, and such locking devices shall not prevent free escape from the inside. (3) In multiple dwellings, where the main entrance is equipped with separate bells to each dwelling unit, the main entrance shall remain locked. (4) Separate dwelling unit, studio unit and rooming unit entrances and exits within structures shall be equipped with locking devices. (5) The installation or use of double-cylinder dead-bolts is prohibited. R. Smoke detectors. (1) At least one smoke detection device per unit shall be installed adjacent to sleeping areas in all one-family dwellings, two-family dwellings and multiple dwellings. (2) The smoke detection system design, location and performance shall be subject to the provisions of the New York State Uniform Fire Prevention and Building Code and referenced standards contained therein. (3) The owner of a dwelling unit shall be responsible for installing and maintaining the smoke detection devices or systems required herein. S. Buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation.
Gates, N.Y., Code of Ordinances ch. 133 § 133-6 establishes comprehensive interior maintenance standards for residential buildings, covering structural integrity, lighting, ventilation, heating, plumbing, electrical systems, exits, locking devices, smoke detectors, and pest control. The provision prohibits using kitchens, non-habitable spaces, or cellars as sleeping or living quarters, and sets a minimum indoor heating temperature of 68°F measured at specified distances. It incorporates the New York State Uniform Fire Prevention and Building Code as the baseline standard throughout, and requires that abandoned underground heating oil tanks under 1,100 gallons be properly removed or safely closed in place.
Plain English — not legal advice.
Under Gates, N.Y., Code of Ordinances ch. 133 § 133-6, property owners and managers generally keep all structural members, ceilings, walls, floors, and stairways in safe and sound condition consistent with the New York State Uniform Fire Prevention and Building Code. Compliant operators ensure each dwelling unit has functioning heating capable of maintaining 68°F, adequate natural and mechanical ventilation, safe electrical systems meeting the NEC, working smoke detectors installed adjacent to sleeping areas, and plumbing systems supplied with potable hot and cold water at all times. Operators also maintain proper locking devices on all required entrances and exits, keep exit paths unobstructed, and address any insect, vermin, or rodent infestation promptly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 133-6 of the Gates, N.Y., Code of Ordinances gives tenants the right to live in a dwelling that meets detailed interior maintenance standards, including safe structural conditions, adequate heat (at least 68°F), working plumbing and electrical systems, proper ventilation and lighting, functioning smoke detectors, and freedom from pest infestation. Tenants who believe their unit falls short of these standards may document the conditions and raise the violation with the local Building Inspector, who is referenced in the provision as having authority to evaluate heating equipment adequacy. General enforcement paths can include filing a complaint with the Town of Gates building or code enforcement office, or reaching out to a local tenant-rights organization for guidance on available options.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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