Heating facilities shall be provided in structures as required by this article. This Article IV does not amend, but rather enhances, the general heating requirements contained in Chapter 22 of the Municipal Code of the Borough of Paulsboro to impose additional requirements upon landlords who have agreed, either expressly or implicitly, to provide their tenants with heating facilities.
Every rental unit located within the Borough shall be provided with heating facilities capable of maintaining certain temperatures within the living area of the rental unit, as provided by this article.
A. 
Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitories or guest rooms (collectively, the "rental units") on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1 to April 30 to maintain the room temperature at no less than 65° F. in all living areas of the rental units during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60° F. during all other hours.
B. 
Cooling supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rental units or short-term rental units, on terms, either express or implied, to furnish air conditioning or cooling mechanisms to the occupants thereof shall supply sufficient cool air during the period from May 1 to September 30 to maintain the room temperature at no more than 74° F. in all living areas of the rental units or short-term rental units.
A. 
Landlords who have agreed to provide heating facilities to their tenants shall be bound to such obligation. Failure of heating facilities, mechanical, electrical or otherwise, shall not excuse a landlord's obligation to provide such facilities.
B. 
Borough officials, accompanied by trained medical and/or emergency response personnel, shall have the right to enter and inspect any and all rental units located within the Borough during the hours of 8:00 a.m. and 8:00 p.m., with or without notice to the landlord, or at any other time if the Borough officials are advised of conditions within the rental unit(s) which do not meet the standards set forth in § 59B-31 or which otherwise may present a danger to the health and safety of the tenants of such unit(s). The Borough action authorized by this § 59B-32 shall be solely for the purpose of ensuring that the rental units within the Borough are in compliance with the requirements of § 59B-31.
C. 
Upon notice by the Borough after the aforementioned inspection, the landlord shall be obligated to promptly repair the heating system for the affected rental units or, in the alternative, provide for alternate, temporary housing for the tenants of the rental unit(s) affected by the failed system. Such alternate, temporary housing shall comply with the requirements of § 59B-31.
D. 
In the event that any landlord in the Borough fails to act in accordance with the requirements contained in this § 59B-32, the Borough shall have the authority to act immediately to protect the health and safety of the tenants if, following consultation with trained medical and/or emergency response personnel, it is determined that extreme cold weather conditions exist which may present a danger to the health and safety of Borough residents. To this end, the Borough may either cause the repair of the failed system or provide for alternate temporary housing for the tenants of the rental units affected by the failed system. All expenses incurred by the Borough pursuant to this § 59B-32 shall be the responsibility of the landlord of the subject rental unit(s).
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Paulsboro, or such other court having jurisdiction, be liable for a fine not exceeding $1,000 or imprisonment for a term not exceeding 30 days, or both. Each separate rental unit that fails to conform to this article shall be deemed a separate and distinct violation for each day that the violation occurs within the particular rental unit.