Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-108
Air conditioning and ventilation in multiple dwellings and one- and two-family houses
Operative Text
A. Air conditioning and ventilation in 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 fire-stopped. (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 one-half (1/2) inch or by a noncombustible insulating material or shall be quality controlled. (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 such 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 for more than one (1) fire area or more than one (1) 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. B. Air conditioning and ventilation in one- and two-family houses: (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 fire-stopped.
Section 54-108 of Pelham, N.Y., Code of Ordinances Chapter 54 establishes safety standards for air conditioning and ventilation systems in both multiple dwellings and one- and two-family houses. The provision restricts the use of certain refrigerants, sets requirements for how ducts, filters, and air-handling equipment must be constructed and maintained, and mandates that exhaust air from one unit not be recirculated into other occupied spaces. It also requires that ventilation systems include safety controls—such as manual shutoffs and emergency switches—designed to limit the spread of fire, smoke, and hazardous fumes throughout a building.
Plain English — not legal advice.
Operators of multiple dwellings subject to § 54-108 are generally expected to ensure that all HVAC and ventilation components—including ducts, filters, and air-handling equipment—are made of noncombustible materials, properly fastened, and fire-stopped. Compliant operators typically verify that highly flammable or toxic refrigerants are not in use, that air intake sources are uncontaminated, and that exhaust air from individual units is not recirculated to other occupied spaces. For assembly spaces, § 54-108 also calls for conspicuously identified manual fan controls and emergency shutoff switches with posted instructions, which operators generally keep accessible and in working order.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 54-108, tenants in Pelham multiple dwellings have an interest in knowing that their building's ventilation system must not circulate exhaust air—including odors, fumes, or vapors—from one unit into another occupied space. If a tenant believes a ventilation system is being maintained in a way that violates these standards, general enforcement paths may include filing a complaint with the local building or housing code enforcement office or raising the condition as a habitability concern. Tenants may also consult a tenant-rights organization for guidance on how § 54-108 protections apply to their circumstances.
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.
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