[Adopted 1-7-1997 as § 13-10.2 of the 1996 Revised General Ordinances]
A.
The health, safety and welfare of a large number of City residents
are endangered each year during the heating season by reason of inadequate
and insufficient servicing and preventative maintenance of boilers
in some of the larger multiple dwellings in the City.
B.
The City officials are aware of repeated failure of boilers in such
buildings during past heating seasons to provide adequate heat to
the residents thereof, and they have reason to believe the experience
during the current heating season will be no different.
A.
Building with six residential units or more. Every owner of a building
containing six residential units or more, where the owner has contracted,
undertaken or is otherwise bound to heat or furnish heat for any residential
unit therein must have the entire heating system(s) designed to supply
heat to such residential units certified to be in proper working order,
such as shall be capable of supplying heat as required under this
article.
B.
Certification by whom; when. This certification may be made by any
boiler service or inspection company, qualified for the type and size
boiler being inspected, and must be performed between June 1 and September
1 of each year. A true copy of such certification(s) shall be filed
with the Department of Health and Construction Code Office by no later
than September 10 of each year.
It shall be the duty of every owner, manager and superintendent
of each building subject to the provisions of this article to notify
the Department of Health within a period of two hours after any malfunction
of a heating system subject to the certification requirements thereof,
except that if a malfunction occurs on a Saturday, Sunday, holiday
or on any day between the hours of 4:00 a.m. and 8:30 a.m., or at
any other time when the Department of Health is unavailable by telephone,
it shall be the duty of the owner, manager and superintendent of each
such building to notify the Fire Department within a period of two
hours following any such malfunction.
Any malfunction to the boiler which shall result in the failure
to provide sufficient heat as determined by the Health Officer shall
be repaired within 24 hours of the malfunction.
[Added 11-21-2006]
A.
The Health Officer shall have power to act as the agent for a landlord
in the engaging of repairmen and the ordering of any parts necessary
to restore to operating condition the furnace, boiler or other equipment
essential to the proper heating of any residential unit rented by
said landlord; provided, however, that at least 24 hours have elapsed
since the tenant has lodged a complaint with the Health Officer, prior
to which a bona fide attempt has been made by the tenant to notify
the landlord of the failure of the heating equipment, and the landlord
has failed to take appropriate action, and the outside air temperature
is less than 55° F.
B.
Any person who supplies material or services in accordance with this
section shall bill the landlord directly and, by filing a notice approved
by the Health Officer with the County Clerk, shall have a lien on
the premises where the materials were used or services supplied.
