[Amended 6-8-2010 by Ord. No. 2010-2]
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 heat or to furnish heat 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, or as a business establishment where one
or more persons are employed, to so heat or to so furnish heat to
every occupied portion of such building, part thereof, apartment,
room or space, so that a minimum temperature of 70º F. is maintained
therein at all times from the 15th day of September in each year to
the 15th day of May of the succeeding 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. Further, buildings
which utilize a "one-pipe system" shall be required to provide heat
as specified in this chapter only from the first day of October until
the first day of May of the succeeding year.
A. Time. With respect to the obligation or duty to furnish
heat to or in a building, apartment or portion thereof, occupied as
a home or place of residence, the term "at all times," as used in
this section, shall mean the time between the hours of 6:00 a.m. and
11:00 p.m. within said dates, and with respect to the obligation or
duty to furnish heat 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.
B. Minimum temperature. At no time, however, shall the
minimum temperature be permitted to fall below 65º F. between
the hours of 11:00 p.m. to 6:00 a.m., within said dates, in any building,
apartment, part of any buildings or apartment, or other space wherein
or wherefore there shall be any obligation to furnish heat. It shall
be the duty of every person, firm or corporation, who shall have such
obligation to so furnish such heat, to so maintain the same in accordance
with this and all the other sections of this chapter.
C. Responsibility. For the purpose of this section, wherever
any building, or the part thereof so concerned, is heated by means
of furnace, boiler or other apparatus 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 heat in accordance with the
provisions of this section.
D. Contract defined. The term "contract" as used in this
chapter shall be taken to mean and include a written, verbal or implied
contract and the presence of heating outlets, radiators, risers or
returns in any hall or apartment, or subdivision of a house or building,
shall be prima facie evidence of an implied contract.
E. Separate violations. 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.
[Amended 3-9-1993]
In all buildings occupied for residential purposes
by two or more families and when the owner thereof shall have agreed
to supply hot water, sufficient hot water, at least at 120º F.,
shall, at all times, be supplied.
In all buildings occupied as residences by two
or more families and when the owner thereof shall have agreed to supply
refrigeration facilities at 45º F. or below in the refrigerator
and 0º F. or below in the freezer, he shall be and is hereby
required to supply and maintain such refrigeration facilities at all
times and in such manner as may be necessary for the proper and wholesome
preservation of foodstuffs.
No owner, tenant, agent or lessee of any building,
or any part thereof, shall lease, let or hire out the same, or any
portion thereof, to be occupied by any person, or allow the same to
be occupied as a dwelling or lodging place, unless such building,
or parts thereof so occupied, are sufficiently lighted and ventilated
and are in all respects in that condition of cleanliness and wholesomeness
required by this chapter and by all applicable laws of this state.
The owner or other person in charge and control
of any tenement or other building in the Borough shall provide proper
and suitable conveniences or receptacles for receiving garbage and
other refuse matter. No tenement, or other building, nor any part
thereof, shall be used as a place of storage for any article detrimental
to health.
Prevention and/or remedy. The owner, builder,
excavator, contractor, agent, lessee, the tenant and occupant of every
real property excavation, site, construction site, building or structure,
within the right or ability to remedy or prevent the same, shall prevent
the establishment of and cure any established rodent infestation in
or about any such real property, excavation site, construction site,
building or structure as follows:
A. Treatment of vacant buildings and structures prior
to demolition:
(1) The Health Department shall be given formal notice,
in writing, that a building or structure is to be demolished at least
72 hours but not more than 144 hours prior to the commencement of
said demolition and prior to any treatment of same by an exterminator.
(2) The building or structure to be demolished and that
portion of said premises appurtenant thereto shall receive preventive
and elimination treatment by a certified pest control operator or
by the owner, builder, excavator, contractor, agent, lessee, tenant
and occupant. If possessed of a Department of Environmental Protection
(hereinafter referred to as DEP) Certification, at the sole expense
of the owner, builder, excavator, contractor, agent, lessee, tenant
and occupant.
(3) The building or structure shall not be demolished
until the passage of at least 48 hours, but no more than 144 hours
subsequent to the conclusion of the treatment by the exterminator.
B. Treatment of dormant buildings. Any building or structure
laid dormant in excess of 60 days due to fire, flood, tornado, windstorm,
explosion, earth movement, earthquake, landslide, mudflow, earth sinking,
earth rising, or shifting or by being damaged in sufficient degree
to prevent its occupation in conformity with the building codes of
the Borough of Fort Lee, shall receive preventive and/or elimination
treatment, if, in the sole discretion of the Health Department, same
is deemed necessary, by a certified pest control operator or by the
owner, excavator, builder, contractor, agent, lessee, tenant and occupant.
If possessed of a DEP Certification, at the sole expense of the owner,
excavator, builder, contractor, agent, lessee, tenant, and occupant.
C. Treatment of abandoned real property, buildings, and
structures. Any real property, building or structure which has been
abandoned shall receive regular inspections by a representative of
the Health Department and in the event that it shall be deemed necessary,
in the sole discretion of the Health Department, said real property,
building or structure and that portion of said premises appurtenant
thereto shall receive preventive and/or extermination treatment, upon
the order of the Health Department after having secured appropriate
authority, by a certified pest control operator or by such other person
as the Health Department shall deem qualified, provided said person
is possessed of a DEP Certification at the sole expense of the owner.
If the owner cannot be located after reasonable efforts have been
made to locate same, or if the owner can be located, but refuses to
pay for such treatment in full, within 30 days of receiving notice
to prevent or abate, then the property shall be assessed, after proper
hearing, for the full cost necessary to abate the condition or for
the prevention of the establishment, of a rodent infestation.
D. Treatment of excavation, construction and preconstruction
sites:
(1) Prior to the commencement of excavation, construction
of buildings or structures on vacant land and prior to the commencement
of construction of additions to or renovation of vacant buildings
or structures, the owner, excavator, builder, contractor, agent, lessee,
tenant and occupant shall provide said real property, building and/or
structure and the portion of said premises appurtenant thereto with
preventive and/or elimination treatment by a certified pest control
operator or by the owner, excavator, builder, contractor, agent, lessee,
tenant and occupant, if possessed of a DEP Certification, at the sole
expense of the owner, excavator, builder, contractor, agent, lessee,
tenant and occupant.
(2) Upon the commencement of excavation, construction
or renovations and during the course of excavations, construction
or renovations, the owner, excavator, builder, contractor, agent,
lessee, tenant and occupant shall make regular inspections and shall
take all necessary steps to prevent the establishment of and cure
any established rodent in or about said real property, buildings and
structures and that portion of said premises appurtenant thereto.
(3) Upon the completion of any preventive or elimination
treatment required by this section, a written certification from the
exterminator shall be forthwith filed with the Department of Health
certifying that preventive and/or elimination treatment has been provided,
as per the provisions of this section.
(4) All reasonable efforts shall be taken during preventive
and elimination treatments required by this section to prevent the
transferring of any rodent infestation to abutting properties.
(5) The provisions of this section shall be liberally
construed as remedial legislation to encourage the prevention and
elimination of rodent infestation.