[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-7-1981 by Ord. No. 1439]
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WHEREAS, it is in the public interest to encourage the conversion of
existing fuel generating devices and furnaces which heat existing properties
within the Town of West New York; and
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WHEREAS, there is a necessity to regulate these conversions, which are
principally from fuel oil consumption to gas or other means of generating
or providing heat to multifamily residential and other types of structures
within the Town of West New York; and
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WHEREAS, the Town of West New York should regulate these conversions
for the protection of the public health, safety and welfare of the community
of the Town of West New York;
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Now therefore, be it ordained by the Board of Commissioners of the Town
of West New York, County of Hudson, State of New Jersey, as follows:
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[Amended 2-3-1982 by Ord. No. 1527]
All types of energy conversions of fuel generating devices and furnaces,
whether they are from fuel oil to gas or other means of providing heat or
any other type of conversion from existing fuel generating devices or furnaces
to another method of generating or providing fuel to a residential dwelling
unit of any type, shall be subject to the requirement that no such conversion
shall occur unless the owner of the building or the person, firm or entity
making the conversion shall obtain a special permit from the Town of West
New York Code Enforcement Bureau approving a conversion. This article shall
apply to any public utility or public or private person, firm or entity which
shall in any manner, directly or indirectly, furnish materials or services
or otherwise participate in the conversion process, including but not limited
to installation of fuel meters or regulators attached or connected to any
fuel generating device or furnace.
This article shall not apply to owner-occupied one-, two- and three-family
dwelling units. The term "owner-occupied" shall mean a one-, two- or three-family
dwelling in which the owner of record named in the deed shall be a permanent
occupant and resident of one dwelling unit within the structure.
Any such applicant shall first, and as a prerequisite to making such
a conversion, submit an application to the Code Enforcement Bureau of the
Town of West New York. Said application shall provide full details concerning
the method of the conversion and, where applicable, mechanical, electrical
and plumbing drawings outlining the nature and extent of the conversion. The
Construction Code Official shall evaluate the application but shall withhold
the issuance of a permit for the commencement of the conversion until such
time as the applicant submits full and complete details satisfying each of
the following criteria:
A.
The applicant must submit receipted invoices indicating
that all parts, devices and mechanical elements necessary to achieve the conversion
have been purchased and paid for by the applicant. Submission of receipted
invoices shall be made wherever possible.
B.
The applicant must satisfy the Construction Code Official
by submitting proper proofs certifying that all work necessary to achieve
the conversion can be completed within 72 consecutive hours of the commencement
of the conversion. In this instance, "commencement" is defined as the time
at which actual physical on-site construction is commenced, and "completion"
is defined as the time that the unit is completely converted and operational
to provide heat to the dwelling unit.
C.
The applicant and, where applicable, the public utility,
public or private person, firm or entity performing the conversion shall provide
full and complete details to the Construction Code Official demonstrating
to his satisfaction that arrangements have been made either to provide an
alternate heat-generating process to be in operation while the conversion
is in process and until the converted fuel-generated device or furnace is
in full operation or that arrangements suitable to the Construction Code Official
have been made to provide alternate living quarters for all occupants and
tenants in the structure while the conversion work is in process and to extend
until the conversion is completed and the converted fuel-generated device
or furnace is in full operation and generating heat to the structure. These
arrangements must include proof by the applicant that arrangements have been
made by him to provide space heaters or other approved alternate heating devices
to provide temporary heat for all occupants or tenants of the dwelling unit
who will not have heat during the period of the conversion.
[Amended 2-3-1982 by Ord. No. 1527]
D.
It is a prerequisite to issuance of any permit under
this Article that all work of any nature to be performed in connection with
the conversion as herein provided shall be solely done by licensed contractors
or subcontractors for the work to be performed. In addition, the applicant
shall provide the Construction Code Official with the required certificates
or other certifying documents from public service or any other utility who
will participate in the conversion process.
No conversion of fuel-generated devices or furnaces from fuel oil to
gas or other method of heat shall be permitted during the period of the critical
heating season which is October 1 to April 1 of the succeeding year, and no
application shall be accepted by the Construction Code Official after October
1, and no permit shall be issued by him during the aforesaid period of time.
Notwithstanding this provision, the government body may, in its discretion,
upon hearing and good cause being shown, waive this time restriction, in which
event the applicant shall be required to fully comply with the terms of this
article.
The Construction Code Official of the Code Enforcement Bureau shall
be and is hereby authorized to enforce this article.
A.
Any person who shall willfully provide false or incomplete
information in connection with an application under this article or who shall
engage in any type of conversion without obtaining a permit or who shall otherwise
violate any provision of this article shall be liable to a penalty of imprisonment
for a period of 90 days, plus a fine of $500 for each offense. Each day a
particular violation continues shall constitute a separate offense. The continuance
of a particular violation for any part of a twenty-four-hour day shall constitute
a separate offense.
B.
If the landlord or owner of the building who is subjected
to this penalty shall repeat this conduct or fail to provide the required
heat after conversion and after assessment of the above penalty and completion
thereof, then said landlord or owner shall, in the discretion of the court,
be subjected to further incarceration for a period not in excess of six months,
plus the maximum monetary fine for each separate offense as permitted by law.
In the event the provisions of this article are contrary to any state
or other municipal ordinance, rule or regulation, this article shall be interpreted
in a manner which is consistent with the provisions of said other rule, law
or regulation.
[Adopted 2-20-1980 by Ord. No. 1376]
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WHEREAS, it is reasonable to require a fuel supplier to post a sticker
notice of its name, address and telephone number on the boiler or heating
device which it services for the owner of the building, and
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WHEREAS, said notice requirement protects the public health, safety
and welfare of the citizens of the Town of West New York, and
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WHEREAS, this notice requirement adopts a common practice followed by
most fuel suppliers and will not impose a burden to the fuel supply business,
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Now, therefore, be it ordained by the Board of Commissioners of the
Town of West New York, County of Hudson, State of New Jersey, as follows:
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Every supplier of fuel of any type to any structure within the Town
of West New York shall forthwith post a sticker notice stating its name, address
and telephone number on any boiler or heating device which said supplier services
or repairs or delivers fuel for more than twice during any calendar year.
On or after 30 days from the date of passage of this Article, the Board
of Health be and it hereby is authorized to enforce the provisions of this
article.
Any person, firm or entity who shall purposefully fail to provide the
notice required by this article or, once provided, shall obliterate, deface
or destroy same without replacement by a new notice or who shall otherwise
violate any provision of this Article shall be liable to a penalty of imprisonment
for a period of not more than 90 days plus a fine of $500 for each offense.
The Clerk of the municipality shall, within 10 days from the passage
of this article, post a copy of this article in the Town Hall and send a copy
to each fuel supplier listed in the 1979 or 1980 North Hudson Telephone Directory.
In the event the provisions of this article are contrary to any state
or other municipal ordinance, rule or regulation, this Article shall be interpreted
in a manner which is consistent with the provisions of said other rule, law
or regulation.
