Code Enforcement
The Fire Marshal is responsible for ensuring the safety and well-being of all residents and structures within the City of Elmira. New York State Building Codes, Fire Codes, Property Maintenance Codes, Residential Codes, Plumbing Codes, Mechanical Codes, Fuel Gas Codes, Energy Conservation Construction Codes, the City of Elmira's Code of Ordinances and the Zoning Ordinance of the City of Elmira are used by the Fire Marshal to protect the safety and rights of every individual in the City.

Zoning and How It Affects You
Effective zoning fosters improved living conditions and quality of life. It helps to maintain and establish the desired character of Elmira neighborhoods and provides for the preservation of natural resources and needed recreational space. Zoning is defined as the division of the City into districts to promote the orderly development of the area and the protection of public health, safety and general welfare. The purpose of zoning in the City of Elmira is to:

1. Divide the City into zoning districts, prescribing and regulating the location, erection, reconstruction, alteration and use of buildings, structures, and land for residential, business, manufacturing, and other specified uses.
   
2. Fix reasonable standards to which buildings and structures shall conform and to provide that alterations or remodeling of existing buildings or structures be conducted in accordance with current standards as set forth in the Zoning Ordinance of the City of Elmira.
   
3. To regulate and limit the intensity of the use of land.
   
4. To prohibit uses or structures which are incompatible with the character of other appropriate existing or intended development within zoning districts.
   
5. To conserve and enhance the taxable value of the land and buildings.
   
6. To promote the orderly development of the City of Elmira in accordance with the Comprehensive Master Plan.
   

The Comprehensive Master Plan Update of the City of Elmira was passed in December of 1998.
»View the Comprehensive Master Plan Update

To find the permitted uses within a particular zoning district in the City of Elmira, see the Zoning Ordinance of the City of Elmira. To discover the zoning district for a particular parcel of property within the City of Elmira, see the Official Zoning Map of the City of Elmira or send email to the Assessor's Office.
»View the Zoning Ordinance
»View the Zoning Map
»Assessor's Office

Swimming Pools

Swimming pools are regulated because of the threat of drowning to children and others around pools that are not properly protected or supervised. Many tragedies could be avoided with the construction of the proper barriers and persistent supervision.

If you want to construct a swimming pool on your property, there are a number of things that you must first consider.

All inground pools and any above ground pool 24 inches in height and over must have a building permit. This includes inflatable pools 24 inches in height and over that are bought in retail and hardware stores. A Building Permit is necessary because there are specific requirements for location, fences, gates, locks and electrical regulations for pools and pool installations.

Inground and above ground pools over 24 inches in height (including inflatable pools) are required to have a barrier surrounding them. A four foot fence must be installed with a self closing and self latching gate. You will need a building permit to build and install a fence as well.

Above ground pools that are at least 48 inches high do not need a separate barrier (fence) if the only access to the pool is by a ladder or steps provided that the ladder or steps shall be capable of being secured, locked, or removed to prevent access. Decks attached to pools must meet the barrier requirements.

As of December 14, 2006, Section 1220.5 of New York State Residential Code requires that all swimming pools constructed or modified be equipped with an acceptable pool alarm capable of detecting a child entering the water and giving an audible alarm at the poolside and at another location on the premises.

Swimming pools cannot be located closer than 10 feet from any building and closer than 5 feet from any property lot line. Remember that pools cannot be erected below electrical power lines or on any easements on your property.

A pool is a major investment in the value of your home. Before you purchase or build a pool, contact Inspection Services to ensure that your pool will meet code and not become a hassle and cause unneeded expenses later on as you bring it up to code.

For more information on swimming pool installation, refer to the brochure, Citizen's Guide to Swimming Pool Installation, available from Inspection Services or click below to download and print a copy.
»Citizen's Guide to Swimming Pool Installation Brochure
»How to obtain a Building Permit
»New York State Residential Building Code

POOL SAFETY TIPS

• Never leave children alone in or near the pool.
• Keep rescue equipment such as a shepherds hook or life preserver near the pool.
• Install a telephone by the pool or take a cordless telephone out when people are swimming. This way you will not have to leave children unsupervised to answer the phone and you will be able to call for help should you need it.
• Learn CPR by taking a class at the local American Red Cross.
• Remove all toys from the pool area so that children do not return unsupervised later to retrieve them.
• Ensure that all entrances to the pool, by gate or by steps, are locked when the pool is not in use and that the key is out of the reach of children.

Open Burning, Campfires, and Barbecues
Open flames are regulated because of the public health hazard from smoke that results from the burning of different materials and the risk of fire to surrounding buildings.

Open burning is not allowed in the City of Elmira. This also includes burning in a rubbish barrel and campfires. Bonfires are allowed with the approval of the Fire Chief and with Fire Department personnel and apparatus on the scene to monitor the fire.

All barbecuing must be done with a fuel source of propane, natural gas, or charcoal. Residents that live in multi-unit housing (more than 2 families) cannot use open flame barbecues on combustible balconies or decks. All cooking must be at least 10 feet from the building.

Home Businesses
The operation of home businesses is allowed under certain conditions according to Chapter 7 of the Zoning Ordinance of the City of Elmira. The Zoning Ordinance defines a Home Occupation (or home business) as an occupation or profession carried on in a residential dwelling or accessory structure that is secondary to the residential use of the structure. There are specific restrictions on the number of employees, parking, client access, and signage depending on the category of the home occupation. See section 740.9 of the Zoning Ordinance for the specific requirements.
»Click here for the Zoning Ordinance

Unlicensed/Unregistered Vehicles
All vehicles stored outside within the City of Elmira must be licensed, registered and operable. Unlicensed/unregistered vehicles cannot be tarped outside, or placed under carports outside, but they can be stored inside a garage. Vehicles that are in violation may be towed by the Elmira Police Department Traffic Bureau at the owner's expense.
»more from the Traffic Bureau...

Smoke Detectors
The Property Maintenance Code of New York State requires smoke detectors at all of the following locations:

• On each ceiling or wall outside each separate sleeping area in the immediate vicinity of bedrooms.
  
• In each room used for sleeping purposes.
  
• In each story within a dwelling unit, including basements and cellars but not including crawl spaces and unoccupied attics.
  
  SMOKE DETECTOR TIPS
  
  
• Test each smoke detector in your home at least once a month.
• Replace the batteries in each smoke detector twice a year.