[HISTORY: Adopted by the Board of Health of the Borough of Fort Lee 5-12-1998 by Ord. No. 98-2. Amendments noted where applicable.]
It shall be the duty of every person, firm or corporation who shall have contracted or undertaken, or shall be otherwise bound, or legally obligated to furnish air conditioning for any building, part of any building, apartment or space 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 furnish air conditioning to every occupied portion of such building, part thereof, apartment, room or space, so that a maximum temperature of 78º F. is maintained therein at all times from the 15th day of May in each year to the 15th day of September of the same year; provided, however, that the provisions of this section shall not apply to buildings or parts thereof used and occupied for trades, businesses or occupations where high or low temperatures are essential and unavoidable.
With respect to the obligation or duty to furnish air conditioning to or in a building, apartment or portion thereof, a maximum temperature of 78º F. must be maintained at all times. With respect to the obligation or duty to furnish air conditioning to a building or portion thereof used and occupied as a business establishment, the term, "at all times," as used in this section shall mean the usual working hours established and maintained in the said building within said dates or portion thereof so involved.
For the purpose of this section, wherever any building, or the part thereof so concerned, is air conditioned under the control of the owner, agent, or lessor, in the absence of an agreement to the contrary, the owner, agent or lessor shall be deemed to have contracted, undertaken or bound himself or herself to furnish air conditioning in accordance with the provisions of this section.
As used in this chapter, the following terms shall have the meanings indicated:
- Shall be taken to mean and include a written, verbal or implied contract and the presence of air-conditioning outlets, or returns in any hall or apartment, or subdivision of a house or building, shall be prima facie evidence of an implied contract.
In the event any violation of this chapter shall continue for a period of 24 hours, each additional twenty-four-hour period thereafter in which said offense shall continue shall constitute a separate offense pursuant hereto.