A.
The operator of a motel, lodging house or boardinghouse
shall provide heat for the inhabited rooms from the first day of September
to the first day of June so that the temperature may be kept at 70º
F. between 6:00 a.m. and 11:00 p.m. At no time however, shall the
minimum temperature be permitted fall below 50º F. in any building,
apartment, part of any building or apartment or other space wherein
or wherefore there shall be any obligation to furnish heat. It shall
be the duty of every person who shall have the obligation to furnish
such heat to maintain the same in accordance with this and all the
other sections of this code.
B.
Each such establishment shall have for every six occupants
or lodgers at least one bathtub or shower and at least one toilet
and wash basin all readily available on the same floor.
C.
Every occupant shall be furnished with clean towels,
washcloths, soap and drinking glasses, each for individual use. Adequate
provision shall be made for furnishing bed linens, all of which shall
be kept clean and sanitary at all times.
D.
All rooms shall be kept in a clean and sanitary condition.
All inhabited rooms shall be adequately lighted and properly ventilated
with one or more windows opening to the outside air. All outside doors
and windows shall be screened to exclude flies and mosquitoes from
May 1 to November 1.
E.
All sleeping quarters shall be above grade and shall
have ceilings at least 7 1/2 feet high and at least 60 square
feet of floor space for each bed.
F.
All heating shall be furnished by a central heating
system. The use of any portable gas, electric or other such heater
is prohibited, as is the use of any light other than electrical.
G.
The keeping or use on the premises of any cleansing
agents containing hydrocyanic acid or other dangerous poisons is prohibited.
H.
Every lodging house, boardinghouse and motel shall
be open to inspection by the Health Officer or his representative
in the manner provided by law.
It shall be unlawful for any person to rent,
lease or otherwise permit the occupancy of any building as a residence
or for any person to reside in any building as its owner which:
A.
Is not adequately and properly ventilated;
B.
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by
the State Health Department or a private supply approved by the Health
Officer;
C.
Fails to provide a supply of hot water;
D.
Does not have plumbing fixtures consisting of a kitchen
sink, bathtub or shower, lavatory and flush toilet connected the potable
water supply; and
E.
Does not have facilities for the discharge of all
household liquid wastes into a public wastes into a public sewerage
system approved by the State Health Department or into a private sewerage
system approved by the Health Officer.
No owner, agent, lessor, lessee or other person
in charge or control of any building shall permit such building or
part thereof to be occupied or inhabited if the same is unfit for
human habitation by reason of its harboring disease or by reason of
its being infected with vermin or by reason of its being in a condition
dangerous to health or otherwise likely to cause disease among its
inhabitants. Whenever it shall be determined by the Board that any
building or part thereof is unfit for human occupation for one of
such reason or by reason of leaky roofs or walls, missing plaster
on wall and ceiling coverings or plumbing in an unsafe and dilapidated
condition or floors in warped and uneven condition, notice of such
decision shall be affixed conspicuously on the building or any part
thereof and served personally or by mail upon the owner, agent, lessor
or lessee, if the same can be found in the state, requiring all persons
therein to vacate from such building or part thereof shall within
10 days thereafter be vacated or, in case of a special emergency,
within such shorter time as in said notice may be specified. Every
such notice shall be void if within the time limit set by said notice
for the premises to be vacated the cause for the giving of such notice
has been eliminated.
A.
Every owner of a dwelling or business establishment
who permits to be occupied any dwelling unit, lodging unit or business
establishment therein under any agreement, expressed or implied, to
supply or furnish heat to the occupants thereof shall supply heat
from September 1 of each year to the next succeeding June 1, and every
unit of space and every habitable room therein shall be maintained
at least 70º F. whenever the outside temperature falls below
55º F. during daytime hours from 6:00 a.m. to 11:00 p.m. At times
other than those specified, interiors of units of habitable space
shall be maintained at least at 55º F. whenever the outside temperature
falls below 40º F.
B.
In meeting the aforesaid standards, the owner shall
not be responsible for heat loss and the consequent drop in the interior
temperature arising out of action by the occupants in leaving windows
or doors open to the exterior of the building. The owner shall be
obligated to supply required fuel or energy and maintain the heating
system in good operating condition so that it can supply heat as required
herein, notwithstanding any contractual provision seeking to delegate
or shift responsibility to the occupant or third person, except that
the owner shall not be required to supply fuel or energy for heating
purposes to any unit where the occupant thereof agrees, in writing,
to supply heat to his own unit of space, and said unit is served by
its own exclusive heating equipment for which the source of heat can
be separately computed and billed.
C.
For the purposes of this code, wherever any building,
dwelling unit or business establishment is heated by means of a furnace,
boiler or other apparatus under control of the owner, agent or lessor,
said owner, agent or lessor shall be deemed to have contracted, undertaken
or bound himself to furnish heat in accordance with the provisions
of this code. The term "contracted" 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 building, dwelling unit or business establishment shall be
prima facie evidence of any implied contract.
When the owner, agent or lessor of a building,
dwelling unit or business establishment shall have agreed to supply
refrigeration facilities, he shall and is hereby required to supply
and maintain said refrigeration facilities at all times and in such
manner as may be necessary for the proper and wholesome preservation
of foodstuffs.
When the owner, agent or lessor of any building,
dwelling unit or business establishment is required to or shall have
agreed to supply hot water, sufficient water heated to at least 145º
F. shall at all times be supplied.
No person shall let or occupy or suffer to occupied
separately as a dwelling any vault, cellar or underground room whatsoever
unless every part thereof shall be at least seven feet in height,
measured from the floor to the ceiling thereof, and unless the same
is for at least three feet of its height above the surface of the
street or ground adjoining or nearest to the same and unless the same
has external window openings of at least nine square feet clear at
all points in elevation of the sash frame which shall be so constructed
that it or they may be opened for the purpose of ventilation.
No person having the right or power to prevent
the same shall knowingly cause or permit any person to sleep or remain
in any cellar or in any place dangerous or prejudicial to health by
reason of a lack of ventilation or drainage or the presence of any
poisonous, noxious or offensive substance or a lack of suitable facilities.
No owner, agent, tenant or lessee of any building
or any part thereof shall lease, let or hire out the same or any portion
thereof to be occupied by any person or allow the same to be occupied
as a dwelling or lodging place unless such building or parts thereof
so occupied are sufficiently lighted and ventilated and have available
suitable sanitary facilities and are in all respects in that condition
of cleanliness and wholesomeness required by this code and all applicable
laws of this state.
The owner, agent or other person in charge and
control of any building or dwelling unit shall provide watertight
and covered receptacles for receiving garbage and other refuse.
