[R.O. 1966 § 15:4-10]
All habitable rooms, bathrooms and water-closet compartments shall be heated by central heating or, in lieu thereof, by a system vented by flue stacks to accommodate permanent heating fixtures or apparatus, except where heating is by electrical energy, in which case no flue stacks shall be required. No dwelling unit shall be rented or occupied unless the flue or flue stacks and the heating fixtures or apparatus are properly installed and conform to the Uniform Fire Safety Act and all other applicable provisions of the ordinances of the City, and are of sufficient capacity safely and adequately to heat all the habitable rooms, bathrooms and water-closet compartments to a temperature of at least 68° F. while the external temperature is 10° F.
CROSS REFERENCE: For housing and zoning regulations (Certificate of Code Compliance) see Section 18:6-3.1.
[R.O. 1966 § 15:4-11]
a. 
All central heating systems shall be of a type approved by the Fire Subcode Official.
b. 
The central heating system shall be located in an area or space which is ventilated and completely separated by fire retarding walls or partitions, and which area or space shall contain means of ingress or egress in accordance with the laws, ordinances and regulations of the City pertaining to fire prevention and safety.
CROSS REFERENCE: For housing and zoning regulations (Certificate of Code Compliance) see Section 18:6-3.2.
[R.O. 1966 § 15:4-12]
Any permanent heating system using electricity as a source of heat shall conform to all the regulations of the State Uniform Construction Code.
CROSS REFERENCE: For housing and zoning regulations (Certificate of Code Compliance) see Section 18:6-3.3.
[R.O. 1966 § 15:4-13]
The chimneys, smokestacks, smokepipes and flues, other pipes, the heating equipment, furnaces and boilers in the dwelling shall be maintained free of defects and in good operating condition at all times and shall be so maintained and so operated that no coal or illuminating gas, soot, smoke or noxious fumes or odors shall enter the dwelling or any dwelling or dwelling unit adjacent thereto. The owner shall be obliged to make repairs on all the aforesaid parts of the premises and equipment, except such heating equipment as is supplied by and under control of the occupant.
CROSS REFERENCE: For housing and zoning regulations (Certificate of Code Compliance) see Section 18:6-3.4.
[R.O. 1966 C.S. § 15:4-14; Ord. 6 S+FE, 5-7-1986; Ord. 6 S+FS, 7-13-1988; Ord. 6 S+FG, 8-7-1991; Ord. No. 6 S+FE, 12-4-2006]
a. 
Where the owner has contracted or undertaken to do so, heat and/or air-conditioning shall be furnished by the owner to all habitable rooms, bathroom water closet compartments and laundries of the dwelling in use by the occupants as hereunder provided.
b. 
For the purpose of this Article, wherever a dwelling is heated by means of a central furnace, boiler or other apparatus, or where there exist heating outlets, radiators, risers or returns in any dwelling unit or rooming unit, such shall constitute prima facie evidence of an implied contract to supply heat to occupants. The presumption shall not apply where a complete heating system serves only one dwelling unit.
c. 
Where the owner is obligated to supply heat, such heat shall be supplied in every unit of dwelling space and every habitable room therein from October 1 through May 1 so that: 1. between the hours of 6:00 a.m. and 11:00 p.m. a minimum inside temperature of 68° F. shall be maintained; and 2. between the hours of 11:00 p.m. and 6:00 a.m. a minimum inside temperature of 65° F. shall be maintained.
d. 
For the purpose of this Article wherever a dwelling is cooled by means of a central air conditioning unit or other apparatus, or where there exists cooling outlets in any dwelling unit or rooming units, such shall constitute prima facie evidence of an implied contract to supply air conditioning to occupants. The presumption shall not apply where a complete air-conditioning unit serves only one dwelling unit.
e. 
Where the owner is obligated to supply air-conditioning, such air-conditioning shall be supplied in every unit of dwelling space and every habitable room therein from May 15 through September 30 regardless of the outside temperature.
f. 
Any person who shall violate the provisions of this subsection may, upon conviction, be imprisoned for any term not exceeding 90 days, or be ordered to perform a period of community service not exceeding 90 days, or may be punished by a fine of not more than $2,000, but not less than $100 per affected unit and per incident. However, in the event that the fine issued shall exceed $1,250, the owner of the property will be afforded 30 days to cure the violation, or violations if there exists more than one unit. Each day's failure to comply with the provisions of this section shall constitute a separate offense.
g. 
The Court may cause a defendant who refuses or neglects to pay the amount of the fine imposed against him/her and all costs and charges incident thereto to be committed to the Essex County Jail for a period not to exceed 90 days.
h. 
In case a defendant shall have been twice convicted within the space of six months of a violation of this section and proof of this fact is made, the Court may, in addition to the imposition of the penalty prescribed by paragraphs f. and g. of this section cause the defendant to be imprisoned in the Essex County Jail for any number of days not to exceed 90 days.
i. 
Where the defendant is other than a natural person or persons, paragraphs g. and h. of this section shall apply to any agent, officer, member or partner who shall, alone or with others have charge, care, or control of the premises within the definition of "owner" under the provisions of the Housing Code of the City of Newark.
j. 
All ordinances or parts of ordinances inconsistent with any of the terms of this subsection are hereby repealed to the extent of such inconsistency or inconsistencies.
k. 
If any sentence, paragraph or section of this subsection, or the application thereof to any persons or circumstance, shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this subsection shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this subsection and are declared to be severable.
[Ord. 6 S+FC, 2-7-2001 § 1; Ord. No. 6 S+FF, 12-4-2006]
a. 
Whenever necessary to protect the health and safety of residential tenants, the Director of the Department of Engineering ("the Manager") is hereby authorized to act as the agent for any landlord who has contracted or undertaken to supply heat in:
1. 
The engaging of a fuel oil dealer to deliver fuel oil at a reasonable price per gallon and to refire the burner to restore the proper heating of any residential property rented by said landlord; and/or (2) the engaging of repairmen and the ordering of any parts necessary to restore to operating condition the furnace, boiler or other equipment essential to the proper heating of any residential unit rented by said landlord.
b. 
Prior to the Manager taking any of the actions outlined in paragraph a. of this section, at least 12 hours must have elapsed, if the outside air temperature is between 33° and 55° F., inclusive, or at least four hours have elapsed if the outside air temperature is below 33° F., since the tenant has lodged a complaint with the Department of Engineering, Office of Inspections and Enforcement prior to which a bona fide attempt was made by the tenant or his representative to notify the landlord of the lack of heat, and the landlord has failed to take appropriate action. Lack of heat means maintaining less heat than required by Section 18:3-1.19c. Upon receipt of a complaint from a tenant pursuant to this section, the Department of Engineering, Office of Inspections and Enforcement shall make a reasonable attempt to notify the landlord via telephone of the complaint.
c. 
Any individual or business entity which supplies materials or services pursuant to paragraph a. of this section may bill the City of Newark, and the City shall issue a voucher to the individual or business entity which supplied such materials or services. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
d. 
Any landlord or his agent whose negligence or failure to act results in action by the Manager pursuant to paragraph a. of this section shall be liable per affected unit and per incident for the penalties set forth in Title XVIII, Chapter 3, Section 18:3-1.19, subsection f., of the Municipal Code.
e. 
In any penalty enforcement proceeding brought pursuant to this section, the Court shall also order the landlord or his agent to reimburse the City of Newark for the actual costs incurred for actions taken by the Manager pursuant to paragraph a. of this section, and for reasonable attorney's fees and costs. The Court shall further be empowered to issue any appropriate injunctive orders, and to authorize immediate collection of reimbursable costs due the municipality out of the goods and chattels of the landlord, including all sums due, or which may come due, as present or future rents. Any landlord who prevails in such an action shall be entitled to reimbursement by the City of Newark for all reasonable costs and expenses. Such landlord, however, shall still remain liable for the actual costs incurred for actions taken by the Manager pursuant to paragraph a. of this section.
f. 
Neither the City of Newark nor its officials, officers or employees shall be liable for damages to any person or property in enforcing this section except for the gross negligence or malfeasance of any municipal official, officer or employee, and under no circumstances shall the City of Newark be held liable for damages from the lack of heat in a residential property.
g. 
The Court may cause a landlord who refuses or neglects to pay the amount of a judgment rendered against him and all costs and charges incident thereto, to be imprisoned in the Essex County jail for a period not to exceed 90 days.
h. 
In case a landlord shall have been twice convicted within the space of six months of a violation of this section and the proof of this fact is made, the Court may, in addition to the penalty prescribed by paragraphs f. and g. of this section, cause the defendant to be imprisoned in the Essex County jail for a period not to exceed one day for each dollar of the penalty.
i. 
Where the landlord is other than a natural person, paragraphs g. and h. shall apply to any agent, officer, member or partner who shall, alone or with others have charge, care, or control of the premises within the definition of owner under the provisions of the Housing Code of the City of Newark.
j. 
All ordinances or parts of ordinances inconsistent with any of the terms of this subsection are hereby repealed to the extent of such inconsistency or inconsistencies.
k. 
If any sentence, paragraph or section of this subsection, or the application thereof to any persons or circumstance, shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this subsection shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this subsection and are declared to be severable.