[HISTORY: Adopted by the Board of Health of the Township of Hillside 12-12-1979. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AT ALL SUCH TIMES
- Unless otherwise provided by a contract or agreement, includes the time between the hours of 6:00 a.m. and 10:00 p.m. in a building or portion thereof, occupied as a home or place of residence, and during the usual working hours maintained and established in a building or portion thereof, occupied as a business establishment, each day whenever the outer temperature shall fall below fifty degrees Fahrenheit (50° F.).
- Includes a written, verbal or implied contract, lease or letting, and the presence of heating outlets, radiators, risers or returns in any hall or apartment or subdivisions of a house shall be prima facie evidence of an implied "contract."
It shall be the duty of every person, firm or corporation who shall have contracted or undertaken or shall be bound to heat or to furnish heat for any building or portion thereof, occupied as a home or place of residence of one (1) or more persons or as a business establishment where one (1) or more persons are employed, to heat or to furnish heat for every occupied room in such building or portion thereof so that a minimum temperature of sixty-eight degrees Fahrenheit (68° F.) may be maintained therein at all such times; provided, however, that the provisions of this section shall not apply to buildings or portions thereof used and occupied for trades, business or occupations where high or low temperatures are essential.
For the purpose of this section, wherever a building is heated by means of a furnace, boiler or apparatus under the control of the owner, agent or lessee of such building, such owner, agent or lessee, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section.
The requirements for heating temperature in business establishments shall conform to requirements as promulgated by the United States Department of Energy and the State of New Jersey Department of Environmental Protection and Energy. Temperature tolerance shall be within two degrees Fahrenheit (2° F.) of the thermostat setting.
The local Health Officer may act as the agent of the landlord to effect repair to the heating equipment or provide for delivery of fuel oil and refiring the burner to maintain the proper temperature.
Any person, firm or corporation who violates any provision of or order promulgated under this chapter, established herein, shall, upon conviction thereof, be liable to a fine of not less than $75 nor more than $500 for each violation. Each day that a particular violation continues shall constitute a separate offense. In case a defendant shall have been twice convicted within the space of nine months of a violation of this chapter involving the same building, the fine set forth above shall be not less than $500 per violation and the court may, in addition to the imposition of the penalty, cause the defendant, or an appropriate representative of the defendant in the case of a firm or corporation, to be imprisoned in the county jail or county workhouse for any number of days not exceeding 15 days. A fine assessed by the court for violation or violations of this chapter may be recovered from any individual or corporation in any court of competent jurisdiction in the action of debt or summarily.