Chapter 183A of the General Laws is hereby amended by adding the following section:-

Section 24. The association of unit owners of a condominium shall provide heat in every habitable room and every room containing a toilet, shower, or bathtub to at least 68°F between 7:00 A.M. and 11:00 P.M. and at least 64°F between 11:01 P.M. and 6:59 A.M. every day other than during the period from May 15th to October 15th, both inclusive, in each year except and to the extent the unit owner is required to provide the fuel pursuant to a written agreement.  The temperature shall at no time exceed 78°F during the heating season.  The temperature may be read and the requirement shall be met at a height of 5 feet above floor level on a wall any point more than 5 feet from the exterior wall.  The number of days per year during which heat must be provided in accordance with this section may be increased or decreased through a variance granted by the board of health in the city or town the building is located; provided, however, that the organization of unit owners of any condominium comprising more than 100 units, in which at least 70 per cent of the condominium is occupied by unit owners, may  increase or decrease the number of days per year during which heat must be provided in accordance with this section without approval by the board of health, upon a vote of approval by a majority of unit owners.

A variance request made by a majority of unit owners shall be submitted to the board of health for consideration. The board of health may grant such variance requests prior to a formal hearing on an emergency basis, due to actual or predicted weather conditions. No variance or vote to increase or decrease the number of days per year during which heat must be provided by unit owners shall exceed 2 calendar years in duration.