Hornell, N.Y., Code of Ordinances ch. 178 § 178-31
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 the means for obtaining air supply for the maximum number of persons for which such spaces are designed. (5) Safety controls. (a) Manually operated controls shall be provided to stop the operations 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 an 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.
Section 178-31 of Hornell's Code of Ordinances establishes safety standards for air conditioning and mechanical ventilation systems in both one- and two-family dwellings and multiple dwellings. The provision prohibits practices that could spread fire, smoke, fumes, or toxic substances through ventilation systems, such as using highly flammable refrigerants, routing exhaust air into occupied spaces, or using stairways and exits as air plenums. It also requires that ducts, filters, intake openings, and safety controls be properly installed and maintained to prevent fire hazards and ensure occupant safety.
Plain English — not legal advice.
Operators of residential properties in Hornell subject to § 178-31 generally ensure that all ductwork is securely fastened and firestopped, that exhaust air from any dwelling unit is discharged to the exterior rather than recirculated into other occupied spaces, and that no highly flammable or toxic refrigerants are used in multiple dwellings. Compliant operators also verify that ventilating systems are constructed of noncombustible materials, that filters are kept free of fire and smoke hazards, and that ducts passing through combustible construction maintain the required clearances or insulation. For multiple dwellings, manually operated fan shutoff controls and, where applicable, emergency switches for assembly spaces must be conspicuously placed and readily accessible as specified under § 178-31(B)(5).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 178-31, tenants in Hornell have a right to live in dwelling units where ventilation and air conditioning systems are maintained in a manner that does not expose them to fire risks, toxic fumes, or contaminated air recirculated from other units or odor-producing spaces. If a tenant observes conditions that appear to violate these standards—such as improperly routed exhaust air, missing duct fasteners, or absent safety controls—they may consider documenting the issue and reporting it to the appropriate local code enforcement or housing authority in Hornell. Tenant-rights organizations can help residents understand how § 178-31 applies to their building type and what complaint or defense options may be available to them.
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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