[Amended 3-14-2016 by Ord. No. 5-2016]
Every dwelling unit shall contain heating facilities of sufficient
capacity to maintain a minimum inside temperature of 70° F. in
all habitable rooms, bathrooms and water closet compartments, measurable
36 inches above the floor, at the center of any such room or compartment
when the outside temperature is 0° F. Where the facilities are
found to be of inadequate size or capacity to accomplish the foregoing,
then the owner or operator shall, at the direction of the Public Officer,
either increase the capacity of the heating system or close off habitable
space so that the standard as established in this section shall be
met, provided that such space can be removed as habitable space without
creating a violation of the standards established by this chapter.
Central heating shall be required in all lodging
houses, boardinghouses and nursing homes as of December 2, 1963, and
in all other types of dwellings on and after January 1, 1965.
Prior to January 1, 1965, all dwelling units and rooming units not having central heating shall be permitted to be heated in the interim by space heaters on a fireproof base permanently affixed on the floor and connected by breaching to a stack complying with Chapter 125, Constructions Codes, Uniform.
No other mode of heating not specified in § 159-110 or 159-111 shall be permitted unless application for approval thereof is made to the Public Officer and a permit is issued therefor under a finding that the facility is so designed and installed that it does not constitute a hazard to the safety of the occupants of the building.
On and after October 1, 1962, no new or used
sidearm gas water heaters shall be installed. Existing sidearm gas
water heaters shall only be permitted where they are installed in
separate, enclosed and ventilated spaces which are not part of the
normal living area of a dwelling unit or rooming unit.
[Amended 4-22-1968 by Ord. No. 27-1968; 9-8-1975 by Ord. No. 54-1975; 9-28-1981 by Ord. No. 24-1981]
Heating equipment shall be installed and maintained
in a manner which will avoid dangerous concentration of fumes and
gases. Heating equipment shall not be forced to operate beyond the
safe capacity for which it is designed. Where necessary, exposed heating
risers, heating ducts and hot-water lines shall be covered with an
insulating material or guard to prevent injury to workmen, residents
or visitors, or where it is necessary to maintain adequate heat or
temperature of the water to other portions of the premises. The heating
facilities and all parts thereof shall be kept in good operating condition,
free of defects, corrosion and deterioration at all times.
Fuel for operation of the heating equipment shall be stored outside the premises, unless stored in the interior pursuant to regulations of the Fire Department as to storage of flammable materials set forth under § 159-85.
No heating units shall be converted in any dwelling
or part thereof between October l and May 1 where there are occupants
other than the owner or operator dependent of heat from the unit,
without written consent of all such occupants, but nothing in this
section shall be construed as preventing emergency alterations or
repairs.
[Amended 5-27-1968 by Ord. No. 31-1968; 11-10-1969 by Ord. No. 39A-1969; 9-10-1984 by Ord. No. 27-1984]
A.
It shall be the duty of every person, individual or corporation,
or other business entity, who shall have contracted, expressly or
impliedly, by lease or otherwise, to heat or to furnish heat for any
building or portion thereof where one or more persons reside or are
employed, to heat or furnish heat for every occupied room in such
building or portions thereof so that a minimum temperature of 70°
F., without regard to outside temperatures, between the hours of 6:00
a.m. and 11:00 p.m., and at least 70° F., between the hours of
11:00 p.m. and 6:00 a.m., from October 1 each year to May 15 of the
next succeeding year, both days being inclusive; and from May 16 to
September 30 in each year, both dates being inclusive, where the outside
temperature shall fall below 55° F., then the owner, lessor, manager,
operator or agent shall maintain a minimum temperature of 70°
F., between the hours of 6:00 a.m., and 11:00 p.m. and at least 70°
F., between the hours of 11:00 p.m. and 6:00 a.m., provided that the
requirements of this section shall not apply to the following:
[Amended 2-23-2015 by Ord. No. 7-2015; 3-11-2019 by Ord. No. 5-2019]
(1)
Buildings or portions thereof used and occupied for
trades, businesses or occupations where high or low temperatures are
essential.
(2)
Those sections of a commercial or retail trades building
adjacent to entrance or exit doors where it is shown that the heat
reduction is caused by persons entering and exiting the building.
B.
For the purpose of this section, wherever a building
is heated by means of a furnace, boiler or apparatus under control
of the owner, the agent or lessor of such building, such owner, agent
or lessor, in the absence of a contract or agreement to the contrary,
shall be deemed to have contracted, undertaken or bound himself or
herself to furnish heat in accordance with the provisions of this
section.
C.
It shall be the duty of every person, individual or
corporate, or other business entity, who shall have contracted expressly
or impliedly, by lease or otherwise, to supply air conditioning for
any building used for residential or commercial purposes, to maintain
the air conditioner(s) or air-conditioning system continuously operable
and maintaining the indoor temperature at or below 70º F., beginning
on May 16 each year to September 30 of the same year, both days being
inclusive.[1]
[1]
Editor's Note: Former Subsection D, containing violations
and penalties, which immediately followed this subsection, was repealed
2-23-2015 by Ord. No. 7-2015.
[1]
Editor's Note: Former § 159-118, Term defined, as
amended, was repealed 2-23-2015 by Ord. No. 7-2015.
[Amended 9-10-1984 by Ord. No. 27-1984]
Any owner or operator who has an express contractual
arrangement with an occupant under which the occupant undertakes to
supply his own heat and/or air conditioning through facilities under
the occupant's exclusive control shall be excepted from the requirements
to supply heat and/or air conditioning, as the case may be, under
this chapter.
[Amended 9-10-1984 by Ord. No. 27-1984]
Notwithstanding a contract by the occupant to
supply his/her own heat and/or air conditioning as provided by this
chapter, where the heating unit, air conditioner(s) and/or air-conditioning
system is installed by or owned by the owner or operator, then the
duty to maintain the same in operable and functioning condition as
provided in this chapter shall remain the duty of the owner or operator.
[Amended 5-27-1968 by Ord. No. 31-1968]
The presence of heating outlets, radiators,
risers or returns in any building or portion thereof subject to this
article shall constitute a presumption that the owner is to supply
heat as required under this chapter, and in the absence of clear and
convincing proof to the contrary, this presumption shall control.
[Amended 5-27-1968 by Ord. No. 31-1968]
As set forth in § 159-119, occupants who undertake to supply heat to buildings or portions thereof other than their own shall be responsible as owners under this chapter to the occupants of such buildings or portions thereof.
