Highland Falls, N.Y., Code of Ordinances ch. 122 (eCode360 ed. 2026) § 122-33
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 firestopped. (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 1/4 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 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.
Highland Falls, N.Y., Code of Ordinances ch. 122 § 122-33 establishes safety standards for air conditioning and mechanical ventilation in both one- and two-family dwellings and multiple dwellings. The rule prohibits practices that could spread fire, smoke, fumes, or toxic substances through ventilation systems, such as using highly flammable or toxic refrigerants, routing exhaust air into other occupied spaces, or using stairways and exits as plenum chambers. It also requires that ducts, filters, air intakes, and safety controls be installed and maintained in ways that prevent fire hazards and protect occupant health.
Plain English — not legal advice.
Operators of residential properties covered by § 122-33 generally ensure that all ductwork is securely fastened and firestopped, that only approved refrigerants are used in multiple dwellings, and that exhaust air from any unit or odor-producing space is discharged to the exterior rather than recirculated to other occupied areas. Compliant operators also verify that ventilating system components—including ducts, filters, and air-handling equipment—are made of noncombustible materials and are maintained so they do not pose fire or smoke hazards. For multiple dwellings with central fan systems, § 122-33 calls for manually operated emergency shutoff controls that are conspicuously labeled and accessible outside the fan room.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 122-33 of the Highland Falls Code gives occupants a basis to raise concerns if ventilation equipment in their building appears to circulate exhaust air between units, uses prohibited refrigerants, or lacks required safety controls. Tenants who observe conditions that may violate these standards—such as smoke or fumes entering from adjacent spaces through ductwork—can document the issue and report it to the local code enforcement or building department. Tenant-rights organizations can also help residents understand how § 122-33 applies to their building type and what complaint or inspection processes may be available.
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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