[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 11-21-1990 by Ord. No. 931. Amendments noted where applicable.]
The following words or terms, for the purpose of this chapter, shall have the definitions set forth herein.
- A room or group of rooms rented or leased by a person from another person for the purpose of human habitation.
- HEATING SEASON
- The period of each year from October 15 until April 15 of the following year, inclusive.
- HUMAN HABITATION
- The act of living or residing within the confines of a premises consisting of a room or rooms. Rooms considered to be used for human habitation shall include such rooms as kitchens, living rooms, bedrooms, dining rooms, and areas of similar use, but shall not include porches, sun porches, closets, storage areas, basements, or attics.
- Includes individuals, corporations, partnerships, associations, and joint ventures. Singular words shall include the plural and masculine shall include the feminine and neuter.
- The mean average temperature as shall be determined by six readings taken during a calendar day at intervals of not less than three nor more than five hours at a point three feet from the floor and equidistant from all opposing walls of a room, however, the first reading and last reading shall not be less than 20 hours apart.
Any person renting or leasing an apartment to another person shall maintain a minimum temperature of 65° in the rooms used for human habitation for the period during the heating season.
This chapter shall not apply to any person who rents or leases an apartment to another person where the tenant has, within his control, a thermostat or other means for the regulating of temperature, nor where the terms of the lease agreement, whether oral or written, provide that the tenant is to furnish heat to the demised premises, nor shall this chapter apply if the failure to furnish heat is a result of a mechanical malfunction or failure of a public service company to furnish either electricity or natural gas or unavailability.
Any person violating or failing or refusing to comply with any provisions of this chapter shall come upon conviction and summary proceeding, be sentenced to pay a fine of not less than $10 nor more than $50 in costs of prosecution. Each calendar day during which this chapter is violated shall constitute a separate offense.
All fines collected under the provisions of this chapter shall be forthwith paid to the Borough Treasurer for the use of the Borough of Waynesboro.