Supplied Heat. Every owner or operator of a dwelling who permits to be occupied any dwelling unit therein under an agreement, express or implied, to furnish heat to the occupants thereof, shall maintain therein from October 1 to May 1, a minimum air temperature level of not less than sixty-eight (68) degrees Fahrenheit at eighteen (18) inches above floor level under average winter conditions between the hours of 6:30 a.m. and 11:00 p.m. and not less than sixty (60) degrees Fahrenheit between the hours of 11:00 p.m. and 6:30 a.m. and all habitable rooms, bathrooms, toilet rooms and compartments and communicating corridors; provided that when the outside air temperature drops below zero degrees Fahrenheit heating facilities shall be operated; so as to furnish at least the minimum requirements hereof.
Whenever heating facilities are incapable of furnishing minimum requirements hereof at an outside air temperature of below zero degrees Fahrenheit, they shall be operated to full capacity. Whenever a dwelling is heated by means of a central heating facility, or other heating apparatus under the control of the owner or operator of the dwelling, such owner or operator in the absence of a written contract or agreement to the contrary, or shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this subsection. The provisions of this subsection shall not apply where the failure to maintain such an air temperature level is approved by the enforcement officer because of a general shortage of fuel, or any negligent or malicious act of the occupant, or while repairs are expeditiously made to the heating equipment, or any cause beyond the control of the owner or operator.
J.