Hornell, N.Y., Code of Ordinances ch. 178 § 178-26
Heating
Operative Text
A. General requirements. (1) Residential buildings intended for occupancy from September 15 to May 31 of the following year shall be provided with equipment designed to maintain a temperature of not less than 70° F. at a distance of three feet and more from exterior walls and at a level of five feet above the floor in habitable spaces, kitchenettes, bathrooms and toilet rooms. The capability of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the locality. (2) In multiple dwellings, adequate heat shall be provided to maintain the indoor temperature in habitable spaces, kitchenettes, bathrooms and toilet rooms at 70° F. from 6:00 a.m. to 11:00 p.m. when the outside temperature falls below 55° F. B. Smoke control. Fuel-burning heat-producing equipment shall be installed and maintained so that the emission or discharge into the atmosphere of smoke, dust, particles, odors or other products of combustion will not create a nuisance or be detrimental to the health, comfort, safety or property of any person. C. Warm air heating. Ducts and other air-handling equipment used for heating shall conform to the requirements of such equipment used for ventilating purposes. D. Prohibited locations for heat-producing equipment. Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms or toilet rooms. E. Fuel supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. The fuel supply connection to such equipment shall be made with pipe or tubing of solid metal. F. Installation and clearance. Where heat-producing equipment is installed on or adjacent to combustible materials, the location, insulation clearance and control of the equipment shall be such that the temperature on the surface of the combustible materials will not exceed a safe temperature. G. Air supply. (1) Direct-fired heat-producing equipment and the enclosure in which it is located shall be provided with a supply of air adequate both for complete combustion at the rated gross output of the equipment and for the ventilation of the enclosure to prevent the accumulation of heat. (2) Rooms containing fuel-burning equipment shall have such air supply provided by means of one or more openings to the exterior or by means of fixed openings to interior spaces which open to the exterior. H. Removal of products of combustion. (1) Equipment for burning solid or liquid fuel shall be connected to suitable chimneys or flues and shall not be connected to gas vents. Unvented heaters burning liquid fuel shall be prohibited. (2) Fuel-burning space heaters located in sleeping rooms or rooms normally kept closed shall be connected to a suitable chimney, flue or gas vent. (3) Gas-fired equipment shall be connected to a suitable chimney, flue or gas vent when the discharge of products of combustion into the space where the equipment is installed would be a hazard. I. Safety devices. (1) Equipment capable of developing hazardous pressures or temperatures shall be provided with means to relieve safely such pressures and temperatures. (2) Controls for the safe operation of automatically operated heat-producing equipment shall be provided to function as follows: (a) When failure or interruption of flame or ignition occurs, the fuel supply shall be cut off. (b) When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate. (c) When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off. (d) When failure or interruption of the pilot light or the main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off. J. Heating of garages. Fuel-burning equipment for garages servicing multiple dwellings shall be located in heater rooms, except that equipment burning gas or liquid fuel located in the vehicle storage space shall be permitted in stories at or above grade where elevated so as not to be exposed to the possible accumulation of flammable gases.
Section 178-26 of Hornell's Code of Ordinances establishes comprehensive heating standards for residential buildings. During the heating season (September 15 through May 31), buildings must be equipped to maintain interior temperatures of at least 70°F in habitable rooms, kitchenettes, bathrooms, and toilet rooms, with multiple dwellings required to hit that threshold between 6:00 a.m. and 11:00 p.m. whenever outside temperatures drop below 55°F. The provision also governs the safe installation, ventilation, fuel connections, smoke control, and safety devices for all heat-producing equipment, and prohibits fuel-burning water heaters in sleeping rooms, bathrooms, or toilet rooms.
Plain English — not legal advice.
Operators of residential properties in Hornell are generally expected to ensure that heating systems comply with every subsection of § 178-26, from maintaining the 70°F temperature standard during prescribed hours to properly venting combustion equipment and installing required safety controls. Compliant operators typically use solid-metal fuel supply connections, keep fuel-burning equipment out of prohibited rooms, and ensure garage heating units in multiple-dwelling buildings are housed in dedicated heater rooms. Routine inspection and maintenance of heating equipment—including safety relief devices, automatic controls, and chimney or flue connections—are hallmarks of ongoing compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Hornell's multiple dwellings have a right under § 178-26 to heat of at least 70°F in habitable spaces, kitchenettes, bathrooms, and toilet rooms between 6:00 a.m. and 11:00 p.m. whenever outside temperatures fall below 55°F. If heat is inadequate or heating equipment appears improperly installed or vented, tenants can document the conditions (including date, time, and indoor/outdoor temperatures) and report concerns to Hornell's local code enforcement office. Tenant-rights organizations can also help residents understand how a landlord's failure to meet the standards of § 178-26 might be raised as a defense or complaint in relevant proceedings.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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