It shall be the duty of every person who shall
have contracted or shall be otherwise bound or legally obligated to
heat or to furnish heat for any building, part of any building, apartment
or space occupied as a home or place of residence of one or more persons,
or as a business establishment where one or more persons are employed,
to so heat or to so furnish heat to every occupied portion of such
building, so that minimum temperature of 68° F. is maintained
therein at all times; provided, however, that the provisions of this
section shall not apply to buildings or parts thereof used and occupied
for trades, business or occupations where high or low temperatures
are essential for the business or occupation.
For the purpose of this article, wherever any
building or part thereof so concerned is heated by means of a furnace,
boiler or other apparatus under the control of the owner, agent or
lessor, occupant, said owner, agent or lessor shall be deemed to have
contracted, undertaken or bound himself or herself to furnish heat
in accordance with the provisions of this article.
With respect to the obligation or duty to furnish
heat to or in a building, apartment or portion thereof, occupied as
a home or place of residence, the term "at all times," as used in
this article, shall mean the time between the hours of 6:00 a.m. and
10:00 p.m. from September 15 to May 15. With respect to the obligation
or duty to furnish heat to a building or portion thereof used and
occupied as a business establishment, the term "at all times," as
used in this article, shall mean the usual working hours established
and maintained in said building or portion thereof so involved.
The term "contracted," as used in this article,
shall be taken to mean and include an obligation arising by a written,
verbal or implied contract; and the presence of heating outlets, radiators,
risers or returns in any hall or apartment, subdivision of a house,
shall be prima facie evidence of an implied contract.
At no time, however, shall the minimum temperature
be permitted to fall below 65° F. in any building, apartment,
part of any building or apartment or other space wherein or wherefor
there shall be any obligation to furnish heat. It shall be the duty
of every person who shall have such obligation to so furnish such
heat, to so maintain the same in accordance with this and all other
sections of this article.
