[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:
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.
Any building containing one or more dwelling units and also having
a portion thereof devoted to nonresidential uses.
Any building containing more than one dwelling unit.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.