Mineola, N.Y., Code of Ordinances ch. 300 (eCode360 ed. 2026) § 300-33
Heating requirements
Operative Text
A. General. In addition to the requirements of 1163.8 of Chapter C of the Uniform Code, the following regulations shall apply: (1) Buildings and structures intended or used for residential occupancy, during the period set forth in Subsection A(2) , shall be provided with heating equipment, of an approved fixed type, capable of producing and providing 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) In one- and two-family dwellings, not wholly owner occupied, and in all multiple dwellings, heat shall be provided whenever occupied during the period from September 15 to May 31. Temperatures shall be maintained in habitable spaces, kitchenettes, toilet rooms, and bathrooms as follows: 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. (3) Fuel-burning heat-producing equipment shall not be located in exits. (4) Fuel-burning water heaters shall not be located in sleeping rooms, bathrooms, or toilet rooms. B. Air pollution. Contaminants emitted into the atmosphere from fuel-burning equipment shall not violate air pollution control regulations promulgated pursuant to state law, nor that of any other governmental authority having jurisdiction. C. Warm air heating. Ducts and air-handling equipment used for heating shall conform to the requirements of § 300-39E , F and G(3) . D. Portable heaters. Portable heaters are governed by 1191.3d of Chapter C of the Uniform Code. E. Fuel supply connection. Fuel-burning equipment shall be permanently fastened and connected in place. Fuel supply connection to such equipment shall be made with pipe or tubing of solid metal or approved appliance connector. F. Installation and clearance. Where heat-producing or cooking equipment is installed on or adjacent to combustible materials, the location, insulation, clearance and the control of the equipment shall be such that the temperature on the surface of the combustible materials will not exceed 175° F. G. Air supply. (1) Fuel-burning heating 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. (2) Rooms containing fuel-burning equipment shall have such air supply provided by one or more openings to the exterior or by 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. (2) Gas-fired equipment shall be connected to a suitable chimney, flue, or gas vent. Where a gas vent is used, a permanent sign stating the type of heating equipment which may be connected to the gas vent shall be provided and located where the gas vent passes through the wall or ceiling. I. Safety devices. (1) Equipment capable of developing hazardous pressures or temperatures shall be provided with devices 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 main burner of liquefied petroleum gas equipment occurs, the fuel supply to each pilot light and main burner shall be cut off. (3) Fuel-burning space heaters located in bathrooms or toilet rooms less than 100 square feet in area, or in sleeping rooms, shall be provided with controls to cut off the fuel supply upon the failure or interruption of the flame or ignition or whenever a predetermined temperature or pressure is exceeded. J. Expansion tanks. Hot-water heating systems shall be provided with expansion tanks or other means to allow for the expansion of water in the system. K. Heating of garages. (1) Fuel-burning equipment for garages 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 as follows: (a) Suspended heaters shall be at least eight feet above the floor level. (b) Floor-mounted heaters shall be installed on a noncombustible platform not less than 18 inches above the floor level and shall be protected against physical damage. (2) Garages heated by recirculated air shall be provided with a mechanical means of air handling designed to introduce a sufficient quantity of fresh air to prevent the accumulation of vapors or gases near the floor. Recirculated air shall not be taken from stories below grade level. For stories above grade level, openings for return air shall be at least 18 inches above floors.
Section 300-33 of Mineola's Code of Ordinances establishes comprehensive heating requirements for residential buildings, covering minimum indoor temperatures, equipment placement, fuel connections, safety controls, and ventilation. Residential buildings that are not wholly owner-occupied—including one- and two-family dwellings and all multiple dwellings—must maintain at least 68°F in habitable spaces, kitchenettes, and bathrooms from September 15 through May 31. The provision also sets standards for combustion air supply, removal of combustion byproducts, safety relief devices, and special rules for heating garages, ensuring that heating systems operate safely and do not create fire, explosion, or air-quality hazards.
Plain English — not legal advice.
Operators of residential rental properties in Mineola should be familiar with § 300-33, which requires that heating equipment be of an approved fixed type capable of maintaining 68°F in all habitable spaces, kitchenettes, and bathrooms throughout the September 15–May 31 heating season. Compliant operators ensure that fuel-burning equipment is permanently fastened with solid-metal or approved connector piping, that safety controls are in place to cut off fuel upon flame failure or pressure exceedance, and that combustion air supply and flue connections meet the code's specifications. Routine inspection of expansion tanks, clearances from combustible materials, and garage heater placement and elevation are also part of maintaining compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 300-33 of Mineola's Code of Ordinances, tenants in non-owner-occupied one- and two-family dwellings and all multiple dwellings have a right to heat maintained at a minimum of 68°F in habitable rooms, kitchenettes, bathrooms, and toilet rooms from September 15 through May 31. If heat falls below that threshold or heating equipment appears unsafe—such as a water heater improperly located in a sleeping room or bathroom—tenants may document the conditions and file a complaint with the appropriate Mineola code enforcement or building department. Tenant-rights organizations and legal aid services can help residents understand how § 300-33 applies to their building type and what remedies may be available under local and state law.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation