BY COUNCIL PRESIDENT KHADER, MAJORITY LEADER SABATINO, MINORITY LEADER BREEN, COUNCILMEMBERS WILLIAMS, PINEDA-ISAAC, RUBBO AND MERANTE:

A LOCAL LAW AMENDING CHAPTER 58 OF THE CODE OF THE CITY OF YONKERS ENTITLED “HOUSING AND BUILDING MAINTENANCE” IN RELATION TO BOILER SERVICE COMPANY CONTACT INFORMATION

Be it enacted by the City Council of the City of Yonkers, as follows:

Section 1. Chapter 58 of the Code of the City of Yonkers entitled “Housing and Building Maintenance” is hereby amended, in part, by amending §58-22 entitled “Heating requirements, inspections” to read as follows:

§ 58 -22. Heating requirements, inspections

A. Every person, firm or corporation which shall have contracted, undertaken or become bound to heat or furnish heat for any building or portion thereof occupied as a home or place of residence or as a business establishment in the City of Yonkers shall heat or furnish heat to every occupied room in such building or portion thereof so that an air temperature of not less than 68° F. is maintained therein as follows:

(1) During the period in any day when the outside or street temperature falls below 55° F. between 6:00 a.m. and 11:00 p.m. for a building or portion thereof occupied as a home or residence.

(2) During the usual working hours established or maintained where occupied as a business establishment.

B. Whenever the outside or street temperature falls below 55° F. between 11:00 p.m. and 6:00 a.m., an air temperature of 60° F. shall be maintained.

C. Air temperature, as used herein, shall be measured at the approximate center of the room at a point approximately 5 1/2 feet above the average floor level of the room.

D. Whenever a building or portion thereof is heated by an apparatus under the control of the owner, agent, lessee, superintendent or janitor of such building, such person, in the absence of a contract or written agreement to the contrary, shall be deemed to have contracted or been bound to furnish heat in accordance with the requirements of this article and the New York Uniform Code and shall each or severally be liable for violation of the provisions thereof. Nothing herein shall apply to a building or portion thereof used for the conduct of a business or trade wherein high or low temperatures are essential or unavoidable.

E. The owner of any building occupied in whole or in part by one or more residential tenants shall cause all heating systems affecting those residential tenancies, including all installed heating units and water-heating devices, to be inspected and tested between May 1 and September 1 to ensure that they have been properly maintained, they are able to produce the heat and hot-water temperature required by this chapter and the New York Uniform Code and they are able to safely vent any products of combustion to the exterior.

F. The inspection shall be performed by a qualified person engaged full time in the pursuit of installing, maintaining or repairing such equipment.  Boilers shall have, conspicuously posted, on or near said boiler a sign that provides the name and contact information of the boiler service company.

G. A report of such inspection and test, signed by the representative of the inspecting firm, shall be filed with the Department within 15 days following the inspection and no later than September 15 of the year of the inspection.

H. Defects or violations in the heating system or of water-heating appliances and their appurtenances found upon inspection shall be corrected prior to September 15 of the year of inspection.

I. Failure to have the heating system inspected and to file such inspection report with the Department within 15 days of the inspection or by September 15, whichever shall come first, shall be deemed to be prima facie evidence of an intentional violation of this section in the event that such systems shall fail to provide adequate heat as required by this article and the New York Uniform Code at any time during the heating season.

Section 2. This Local Law shall take effect upon filing with the New York State Secretary of State.

THIS LOCAL LAW WAS ADOPTED BY THE CITY COUNCIL AT A STATED MEETING HELD ON TUESDAY, NOVEMBER 12, 2019 BY A VOTE OF 7-0.