Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-26

A. General requirements. (1) It shall be the duty of every person who shall have contracted or undertaken or shall be bound to heat or to furnish heat for any building or portion thereof occupied as a home or place of residence of one or more persons or as a business establishment where one or more persons are employed, to heat or furnish heat for every occupied room in such building or portion thereof so that a minimum air temperature be maintained in compliance with the requirements of the New York State Uniform Code. This section shall not apply to any building or portions thereof used and occupied for trades, business or occupations where high or low temperatures are essential and unavoidable. (2) Responsibility. (a) For the purpose of this section, wherever a building is heated by means of a furnace, boiler or other apparatus under control of the owner, superintendent, agent or lessee of such building, such owner, superintendent, agent or lessee, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section. The term "contract" as used in this section shall be taken to mean and include a written or verbal contract. (b) It shall be the responsibility of the party defined herein to provide heat in accordance with this section. Upon complaints from an individual occupying a space required to be heated in accordance with the requirements of this section, such individual not being the responsible party to provide such heat, the Department of Buildings shall conduct inspections of the space(s) to determine compliance of the space(s) with this section, or lack thereof. (c) A heat inspection fee shall be charged to the responsible party for each major complaint for a given building during the same heating season as follows: [1] First major complaint: $200; [2] Second major complaint: $500; [3] Third major complaint and any subsequent major complaint during the same heating season: $1,000. (d) A complaint shall be defined as major when the air temperature, measured as prescribed by the New York State Uniform Code, is at least 4° F. less than required. (e) When the provided air temperature is no more than 3° F. less than the required temperature, the complaint shall be defined as minor and the inspection fee shall be $90. (f) Invalid complaints shall not be subject to an inspection fee. (g) The heat inspection fee shall not be deemed to replace any legal actions, fines or imprisonment defined in this chapter and incurred by the perpetrator of a violation of this section. (3) Inspection of systems; fees. (a) The furnace, boiler and central heating system of every dwelling subject to this chapter will be inspected by an agent or designee of the Commissioner of Buildings between May 15 and September 15 of each year. The fee for such annual inspections shall be $50 for all multiple dwellings for six families and over, $20 for all multiple dwellings for under six families and for all other residences. One-family homes occupied by the owner shall be exempt from provisions of this subsection. (b) In addition to testing the dependability, efficiency and adequacy of the heating system, the central heating system, independent or accessory equipment, flues, vents and dampers shall be inspected for escape of carbon monoxide gas. The findings of inspection reports shall be recorded on approved forms stating condition of inspected equipment and a copy thereof shall be sent to the owner. Owner shall make necessary repairs to equipment within 10 days of receipt of inspection report. (c) When owner has caused necessary repairs to be made, the Department of Buildings shall be notified by owner for reinspection, on forms provided therefor. (d) Before September 30 of the subject year, all defects found upon inspection shall have been corrected. 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 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. 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 the 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. When a predetermined temperature or pressure is exceeded, the input of additional heat shall be prevented or reduced to a safe rate. (b) When the water level in a steam boiler drops below a predetermined level, the fuel supply shall be cut off. When failure or interruption of the pilot light or main burner of liquefied petroleum gas equipment occurs, the fuel supply to such pilot light and main burner shall be cut off. J. Heating of garages. Fuel-burning equipment for garages 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 possible accumulation of flammable gases.