[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:
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."
A.
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.
B.
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.
[Added 10-21-2003]
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.
[Amended 12-18-2007]
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.
