[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]
At no time during the time period specified in §
466-6 of this article shall any heating system or boiler existing in a building described in §
466-1 of this article be replaced by or converted to another heating system or boiler without prior approval of the Edgewater Board of Health.
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.
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.
Any person, persons, corporations or entities violating any of the provisions of §§
466-9 to
466-11 of this article shall, upon conviction, forfeit and pay a penalty of not less than $100 nor more than $500. Each day on which a violation occurs shall constitute a separate offense.