[HISTORY: Adopted by the Board of Health of the Borough of
Edgewater as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
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]
A.
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]
B.
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.
[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.
A.
All places of employment shall be kept at the following minimum temperature
when occupied by employees:
(1)
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.
(2)
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.
B.
Exemptions.
(1)
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:
(a)
There are no persons who use the place of employment in question
on a regular basis; or
(b)
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.
(2)
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.
