(a) Whenever the exterior temperature falls below fifty degrees (50o) Fahrenheit it shall be the duty of every person who has contracted or undertaken, or shall otherwise be bound to heat or to furnish heat for any building or portion thereof, occupied as a home or a place of residence of one or more persons, or as a business establishment where one or more persons are employed, to heat, or to furnish heat for every occupied room in such building, or portion thereof, so that a minimum temperature of seventy degrees (70o) Fahrenheit is maintained therein at all such times when so occupied between the hours of 6:00 a.m. and 12:00 midnight and so that a minimum temperature of sixty-five degrees (65o) Fahrenheit is maintained therein at all times when occupied between the hours of 12:00 midnight and 6:00 a.m.
Exceptions:
(1) Processing, storage and operation areas that require cooling or special temperature conditions.
(2) Areas in which persons are primarily engaged in vigorous physical activity.
(b) Whenever a building is heated by means of a furnace, boiler or other apparatus under the control of the owner, agent or lessee of such building, such owner, agent or lessee, in the absence of a written or verbal 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. However, nothing herein contained shall apply to buildings or portions thereof used and occupied by trades, businesses or occupations where high or low temperatures are essential or unavoidable.
(Ord. 68-97. Passed 4-20-1998.)