No person shall occupy as owner-occupant or let to another for occupancy any multiple-family building, single-family dwelling unit for rent, or dwelling unit, for the purpose of living therein, which does not comply with the following minimum requirements.
(A) Every dwelling unit shall have heating facilities which conform to the requirements of Chapter 150 of this code.
(B) Every dwelling unit or rooming unit to which heat is furnished from a heating plant used in common for the purpose of heating the building shall be supplied with heat without such undue restriction or ventilation as to interfere with proper sanitary conditions, to provide a minimum temperature of 68º from 6:30 a.m. to 10:30 p.m., and a minimum temperature of 65º at all other times. Such temperatures shall be averaged throughout the dwelling unit or rooming unit.
(C) Failure to furnish the heat required by this section shall not constitute an offense where it is due to a breakdown of the heating plant, if diligence is used to have such plant repaired (unless such breakdown has been caused by a violation of this chapter), nor where it is due to strikes, to a general shortage of fuel, to any act of the tenant who makes the complaint, or to any cause beyond the owner's control.
(D) To determine if a violation of this section has occurred, the Comptroller shall cause temperature readings to be made by means of a standard Fahrenheit thermometer in not less than two rooms, or if the unit consists of only one room then in two opposite parts of the room at or near the extremes as practicable, such thermometer to be placed at a point not less than four feet nor more than six feet away from any door or window.
(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)