A.
It shall be the duty of every person, firm, corporation
or association who or which shall have contracted or undertaken, or
shall be bound, to heat or 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 a 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.
As used in this Article, the following terms
shall have the meanings indicated:
As used in § 440-30, unless otherwise provided by a contract or agreement, shall include the time, each day, 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.
As used in § 440-30, shall be taken to mean and include a written, verbal or implied contract, lease or letting, and the presence of heating outlets, radiators, risers or returns in any hall apartment, or subdivisions of a house, shall be prima facie evidence of an implied contract.
