[HISTORY: Adopted by the Board of Health of the Borough of River Edge 6-25-2001 by Ord. No. BH01-1. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- DWELLING UNIT
- One room or connecting rooms constituting a separate independent housekeeping establishment for rental or lease on a weekly, monthly, or longer basis and containing independent cooking, bathroom and sleeping facilities.
- MIXED OCCUPANCY
- Any building containing one or more dwelling units and also having a portion thereof devoted to nonresidential uses.
- MULTIPLE DWELLING
- Any building containing more than one dwelling unit.
It shall be the duty of every person who shall contract, undertake or agree or shall have contracted, undertaken or agreed, orally or in writing, to heat or to furnish heat for any multiple dwelling or dwelling units in mixed occupancy buildings within said Borough to furnish sufficient heat at any occupied part of such building and to maintain at all times, between the hours of 6:00 a.m. and 11:00 p.m., a minimum temperature of 70º F. and between 11:00 p.m. and 6:00 a.m., a minimum of 65º F. The supply of heat, hereinabove required, shall be furnished for all buildings or parts thereof used for living purposes from the first day of September in each year to the first day of June of the succeeding year and on all other days of the year when the outside temperature falls below 55º F.
The term "contracted" as used in this section shall be construed to mean and include any written or implied contract, lease or letting, and the presence of any heating outlets, radiators, risers or returns in any hall, room or other parts of a building shall be prima facie evidence of an implied contract. The presence of any central heating plant, furnace or boiler under the control of the owner, lessee or person in charge of said building shall also be prima facie evidence of an implied contract.
In every multiple dwelling building of mixed occupancy which has a central heating system, said system shall be kept in good repair and shall not have any leaks in the heater, furnace, boiler, smoke pipes, flues, pipe fittings, valves or other appurtenance of the heating system and shall be kept in such condition so that all habitable rooms can safely and adequately be heated at temperature levels described in Subsection A hereof.
No owner or occupant of a dwelling unit shall install or maintain any oil appliance in any room used for sleeping purposes. Every space heater, except electrical, shall be properly vented to a chimney or duct leading to outdoors. Unvented portable space heaters burning solid, liquid or gaseous fuels shall be prohibited.
Maximum penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the Borough shall, upon conviction thereof, pay a penalty of not less than $5, nor more than $500, for each offense. Complaint shall be made in the Municipal Court of the Borough or before another judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose the other and additional penalties provided by N.J.S.A. 26:3-78.
Separate violation. Except as otherwise provided, each and every day in which a violation of any of the provisions of any chapter adopted by the Board of Health exists shall constitute a separate violation.
Collection of fees and penalties. All fees and penalties under any provision of any chapter adopted by the Board of Health shall be paid to the Treasurer of the Borough.