[HISTORY: Adopted by the Board of Health of the Borough of Edgewater as indicated in article histories. Amendments noted where applicable.]
Uniform construction codes — See Ch. 166.
[Adopted 9-13-1971 by Ord. No. 71-3 (Ch. 255, Art. I of the 1975 Code)]
[Amended 9-20-2010 by Ord. No. 1439-2010]
In all buildings designed to be occupied, or occupied, as residences by more than two families and when the owners have agreed to supply heat, from October 1 of each year to the next succeeding May 1, every unit of dwelling space and every habitable room therein shall be maintained at least at 68° F. whenever the outside temperature falls below 55° F. during daytime hours from 6:00 a.m. to 11:00 p.m. At times other than those specified, interiors of units of dwelling space shall be maintained at least at 62° F. whenever the outside temperature falls below 40° F.
[Amended 2-27-2012 by Ord. No. BOH 2012-1]
In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building. The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space and the said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
The duty to maintain the above-described minimum temperatures shall be that of the owner of the building, unless the duty to maintain the minimum temperatures shall have been contracted, either orally or in writing, with the person or persons who lease or reside or have right to possession of the premises.
In buildings in which two or more families reside, and a central heating system or boiler is under the control of the owner, lessor or other person in charge, it shall be the duty of the owner, lessor or person in charge of said building to maintain the minimum temperatures set forth hereinabove.
[Added 2-9-1981 by Ord. No. 18; 9-20-2010 by Ord. No. 1439-2010]
This article shall not apply to any business or commercial premises unless part of said premises are used for habitation or residence, in which event the above provisions of this article shall apply to that part used for habitation or residence.
[Amended 9-20-2010 by Ord. No. 1439-2010]
The duty to maintain the above minimum temperatures shall apply during the period of October 1 to May 1 of the following year.
This article shall be enforced by all personnel of the Board of Health, the Housing Officer and any other person so designated by the Board of Health or the Mayor and Council of the Borough of Edgewater.
Violations of this article shall be punishable as set forth in Chapter 450, Article II, General Penalty.
[Adopted 5-12-1980 by Ord. No. 17 (Ch. 255, Art. II of the 1975 Code)]
All buildings which are in whole or in part a place of employment shall be provided with heating facilities and sufficient fuel capable at all times of producing the minimum temperatures specified in § 466-10.
All places of employment shall be kept at the following minimum temperature when occupied by employees:
Office space; lunchroom; washroom; locker, rest, dressing and toilet rooms; and all other portions of buildings where employees are assigned to relatively fixed positions or locations and are not subject to physical exertion: 68° F.
Other areas of buildings where employees are not restricted to a relatively fixed position: 55° F., except that where the prudent practice of business requires that, in order to facilitate the movement of goods, there be certain open-air loading platforms, warehouses, storage buildings and other similarly situated facilities, no minimum temperature shall be required.
An individual or entity may apply for an exemption from the minimum temperature regulations as set forth hereinabove, provided that the following conditions have been met:
There are no persons who use the place of employment in question on a regular basis; or
The maintenance of the above temperatures would be physically and mechanically impossible, given the circumstances of the applicant, and a good faith effort was made to comply with the minimum temperature regulations.
All applications must be in writing and submitted to the Board of Health at least 45 days prior to the date on which the applicant would like the exemption to commence.
It shall be the duty of the owner, lessor or person in charge of any said building or portion of building to maintain the minimum temperatures set forth hereinabove and to maintain sufficient fuel to provide for said temperatures.
This article shall be enforced by all personnel of the Board of Health and any other person so designated by the Board of Health.