Health Code
of the
CITY OF ENGLEWOOD
NEW JERSEY
Adopted: November 10, 2003
PUBLISHED BY ORDER OF THE
ENGLEWOOD BOARD OF HEALTH
TABLE OF CONTENTS
PAGE
Forward ii
Acknowledgments iii
Preface iii
Adopting Ordinance iv
Outline of Chapters and Articles vi
Chapter
- General Provisions 1
- Board of Health 4
- Air Pollution 7
- Animals 14
- Child Care Facilities 17
- Fees and Fee Schedule 23
- Lead 25
- Licenses, Permits 26
- Massage Therapist 30
- Nuisances 31
- Occupational Health 33
- Public Places and Public Lavatories 35
- Retail Food Service Establishments 37
- Septic Tanks, Cesspools, Privies and Portable Toilets 43
- Swimming Pools 45
- Tanning Salons 49
- Vending Machines 50
- Violations and Penalties 51
Index 53
FORWARD
The adoption and publication of this Revised Health Code of the City of Englewood, New Jersey provides city officials and the general public with a single volume containing the updated health code (formerly called sanitary code) of the City of Englewood. A loose-leaf format will enable the Board of Health to add and revise sections as appropriate within the same volume, a copy of which will be available for public use at the office of the Department of Health. Copies of the code will be available for purchase at the office of the City Clerk.
The attention of the public is called to the state statutes and regulations which apply in the field of health, in general Titles 24 and 26 of the New Jersey Statutes Annotated, the New Jersey State Sanitary Code and the New Jersey Administrative Code. A complete copy of the New Jersey State Sanitary Code is available at the office of the Board of Health for public reference and use.
Certain articles in the sanitary code adopted by the Board of Health in 1956 have been omitted from this revision. For example, the chapter on communicable diseases has been preempted by Chapter 2 of the New Jersey Sanitary Code and the chapter of garbage, ashes and rubbish has been preempted by the Revised General Ordinances of the City of Englewood, New Jersey (1978). Other articles have been consolidated. For example, the articles on food and beverages, frozen food, water supply, ice restaurants and other articles pertaining to food and beverages have been consolidated into a chapter on retail food service establishments, or have been preempted by Chapter 12 of the New Jersey Sanitary Code.
This code follows the general format of the Revised General Ordinances of the City of Englewood, New Jersey (1978). The following features have been incorporated to thus conform the format of this code:
1. Arrangement of Code: The code consists of 18 chapters which are arranged in alphabetical order after a first chapter entitled "General Provisions" and a second chapter entitled "Board of Health." Each chapter is divided into sections and in some cases also into articles. Each section number consists of two parts, separated by a dash, with the number before the dash referring to the chapter, and the number after the dash referring to the section. Thus, section "2-1" is Chapter 2, Section 1.
2. Analysis: Preceding the text of each chapter, there is set forth an "Analysis" or table of contents listing the chapter, article and section headings contained therein. This, in many instances, will serve as an index to the contents of the particular chapter.
3. Section Headings: At the head of each section, there appears an appropriate caption which summarizes the contents of the section.
4. Notes: In some cases, references are made in the form of "Notes" to pertinent provisions of the state statutes, state administrative code and case law.
5. General Index: A detailed index, keyed to pertinent chapters and sections of the code, is placed at the end of this volume.
6. Loose-leaf Binder: The loose-leaf arrangement permits integrated supplementation as additional ordinances are adopted.
PREFACE
This volume entitled the "Revised Health Code of the City of Englewood, New Jersey" is a second revision and codification of the Englewood Board of Health's ordinances. Since the adoption of the first codification in 1956, the need for a revision and new codification of the ordinances has become imperative to eliminate the uncertainties of application, obsolescence, conflicts and confusion in the interpretation of the accumulated and multi-amended ordinances and the effect of new legislation.
This code contains only ordinances of a general and permanent nature and replaces all general and permanent ordinances of the Board of Health of the City of Englewood adopted prior to April 14, 1980 except those expressly saved from repeal by the Adopting Ordinance.
This volume is presented for the use and benefit of the citizens, officials and employees of the City and the Department of Health in the belief that this revision will render the ordinances of the Board of Health more readily accessible, more easily understood, and their future enforcement more effective and certain. To accomplish this intended purpose, the code will be kept up-to-date by means of an adequate supplemental service.
Board of Health Health Officer
Earl A. Marsan, DDS, MPH, President Violet P. Cherry, ACSW, MPH
Blanche Skurnick, M.D., Vice President
Curtis Caviness Registrar of Vital Statistics
Brenda P. Grier Deborah L. Greene, CMR
Harriet Ozer, CNM
Wayne Scott Secretary to the Board
Maryelena Vargas, RN, MSN Violet P. Cherry, ACSW, MPH
Director of Health Services Board Attorney
Violet P. Cherry, ACSW, MPH Walter D. Nealy, Esq.
BOARD OF HEALTH
CITY OF ENGLEWOOD
ORDINANCE NO. 2003-02
AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE HEALTH CODE OF THE CITY OF ENGLEWOOD, IN THE COUNTY OF BERGEN, NEW JERSEY, PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN AND THE SAVING FROM REPEAL OF CERTAIN OTHER ORDINANCES NOT INCLUDED THEREIN.
WHEREAS, The board of Health of the City of Englewood, has caused its ordinances of a general and permanent nature to be compiled and revised and the same embodied in a revision and codification thereof known as the "Revised Health Code of the City of Englewood, New Jersey (2003)":
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF HEALTH OF THE CITY OF ENGLEWOOD;
Section 1. The ordinances of the Board of Health of the City of Englewood of a general and permanent nature, as codified in the following designated chapters of "Revised Health Code of the City of Englewood, New Jersey (2003)", as filed in the office of the Department of Health, are hereby adopted and ordained as codified general ordinances of the Board of Health of the City of Englewood, to be known as the "Revised Health Code of the City of Englewood, New Jersey (2003)", and all provisions thereof shall be in force and effect on and after the effective date of this ordinance.
Section 2. The Revised Health Code of the City of Englewood, New Jersey (2003) as so adopted includes Chapters 1 through 18 inclusive and Rules and Regulations.
Section 3. All ordinances of a general and permanent nature adopted by the Board of Health of the City of Englewood prior to November 10, 2003, and not contained in the "Revised Health Code of the City of Englewood, New Jersey (2003)" are hereby repealed from and after the effective date of this ordinance, except as provided in Section 4 hereof.
Section 4. The repeal provided for in Section 3 of this ordinance shall not affect:
1. Any offense or act committed or done by any penalty or liability incurred or any contract or right established or accruing before the effective date of this ordinance;
2. Any prosecution, action, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance;
3. Any license right conferred by the Board of Health of the City of Englewood;
ADOPTING ORDINANCE
4. Any ordinance or resolution promising or guaranteeing the payment of money by or for the Board of Health of the City of Englewood;
5. The annual budge appropriation ordinance or resolution and all ordinances and resolutions appropriating money or transferring funds;
6. Any ordinance or resolution authorizing the Board of Health of the City of Englewood to enter into, execute or assume a contract or contracts;
7. Any pension or tenure right of any officer or employee of the Department of Health of the City of Englewood or any pension or benefit of any retired officer or employee;
8. Any provision of any ordinance or resolution or employment agreement providing for the payment of compensation, salary or wages of, or the method of payment to, any Department of Health official, officer or employee, or providing for additional compensation with respect thereto, or providing for any other benefit or allowance, whether monetary or otherwise;
9. Any provision of any ordinance or resolution creating any position or office, or fixing the duties or responsibilities thereof, which is not provided for in the Revised Health Code and which is not in conflict with or inconsistent with the provisions of the Revised Health Code.
10. Ordinance Number 67-2 entitled "An Ordinance Requiring All Persons Engaged in or Employed in the Business of Preparing or Processing Food or Drink Intended for Human Consumption, be it for Immediate on or off-Premises Consumption, to Obtain a "Food Handler's Certificate"; Prescribing an Education Course Therefor; Requiring All Employers to Keep Accurate Records of all Such Persons so Employed; Fixing a Fee for the Issuance of the Said "Food Handler's Certificate", and Imposing Penalties for the Violation Thereof."
Section 5. Copies of the "Revised Health Code of the City of Englewood" have been filed in the Office of the Department of Health and shall remain there for the use and examination of the public until final action is taken on this ordinance.
Section 6. Copies of the "Revised Health Code of the City of Englewood" shall be and shall remain on file in the Office of the Department of Health and made available to persons desiring to examine the same if this ordinance shall be adopted, and while the same is in effect.
Section 7. This ordinance shall take effect upon final passage and publication as prescribed by law.
ADOPTING ORDINANCE
Violet P. Cherry
Secretary to the Board
Introduced: September 15, 2003
Published: September 18, 2003
Adopted: November 10, 2003
Published: November 13, 2003
OUTLINE OF CHAPTERS AND ARTICLES
Chapter 1. GENERAL PROVISIONS § 1-1 to 1-12.
Chapter 2. BOARD OF HEALTH, § 2-1 to 2-13.
Chapter 3. AIR POLLUTION CONTROL.
Article
- Title and Policy, § 3-1 to 3-2.
- Definitions, § 3-3.
- Prohibition of Air Pollution, Open Burning and Smoke, § 3-4 to 306.
- Standards and Regulations, § 3-7 to 3-9.
- Control and Prohibition of Air Pollution from Asbestos Surface Coatings,
§ 3-10 to 3-11.
- Inspections, Right of Entry and Warning, § 3-12 to 3-14.
- Penalties, § 3-15.
- Construction and Severability, § 3-16.
Chapter 4. ANIMALS
- Farm Animals, § 4-1.
- Fowl, § 4-2.
- Keeping of Small Animals, § 4-3 to 4-8.
- Bees, § 4-9.
Chapter 5. CHILD CARE
- Child Care Facilities, § 5-1 to 5-2.
- Health and Safety Standards, § 5-3 to 5-25.
Chapter 6. FEES AND FEE SCHEDULE, § 6-1 TO 6-3
Chapter 7. LEAD, §7-1.
Chapter 8. LICENSES OR PERMITS.
- Applications, Issuance, Display, § 8-1 to 8-6.
- Suspension or Revocation of License or Permit,
Subarticle A. Suspension of License, § 8-7 to 8-11.
Subarticle B. Revocation of License, § 8-12 to 8-17.
Subarticle C. Informal Hearings, § 8-18.
Subarticle D. Formal Hearings, § 8-19.
Subarticle E. Conditional Licenses, § 8-20.
Chapter 9. MASSAGE THERAPIST, § 9-1 to 9-3.
Chapter 10. NUISANCES.
Article
- Prohibition of Specified Nuisances, § 10-1 to 10-2.
- Abatement of Nuisances, § 10-3 to 10-6.
Chapter 11. OCCUPATIONAL HEALTH, § 11-1 to 11-7.
Chapter 12. PUBLIC PLACES AND PUBLIC LAVATORIES.
Article
- Public Places, § 12-1.
- Public Lavatories, § 12-2 to 12-5.
Chapter 13. RETAIL FOOD SERVICE ESTABLISHMENTS.
Article
- Licenses and Permits for Retail Food Service Establishments, § 13-1 to 13-4.
- Equipment and Floor Standards, § 13-5 to 13-6.
- Plan Review for New or Remodeled Retail Food Establishments, § 13-7 to 13-9.
- Retail Food Service Manager Certification, § 13-10 to 13-15.
- Rules and Regulations, § 13-16 to 13-17.
Chapter 14. SEPTIC TANKS, CESSPOOLS, PRIVIES AND PORTABLE TOILETS.
- Septic Tanks, Cesspools, Privies, § 14-1 to 14-2.
- Portable Toilets, § 14-3 to 14-5.
- General Provisions, § 14-6 to 14-8.
Chapter 15. SWIMMING POOLS.
- Definitions, § 15-1.
- Administration, § 15-2 to 15-15.
- Rules and Regulations, § 15-16.
Chapter 16. TANNING SALONS, § 16-1 to 16-2.
Chapter 17. VENDING MACHINES, § 17-1 to 17-3.
Chapter 18. VIOLATIONS AND PENALTIES, § 18-1 to 18-5.
Chapter 1. GENERAL PROVISIONS.
ANALYSIS
Section
- Designation.
- Conflict of laws.
- General rules of construction.
- Definitions.
- References to chapters, articles and sections.
- Analyses, section headings, source references, and notes not part of Revised Health Code.
- Effect of repeal of certain ordinances.
- Severability.
- Rules and regulations.
- Amendments.
- Resolutions to suspend.
- Posting of premises.
1-1. Designation.
This Ordinance and all Ordinances supplementary hereto and amendatory hereof may be cited as the "Revised Health Code" or the "Revised Health Code of the City of Englewood (2003)".
1-2. Conflict of laws.
In case of conflict with any provision of the State Sanitary Code or any other State or Federal law or regulation, the more restrictive provision shall prevail. The higher standard shall be enforced in order to promote and protect the health and safety of the inhabitants of the City of Englewood.
1-3. General rules of construction.
In the construction of this Code, or any amendments hereof or any supplements hereto, words and phrases shall be read and construed:
(a) Within their context and, unless inconsistent with the manifest intent of the Board, as expressed herein.
(b) Unless another or different meaning is expressly indicated, such words or phrases shall be given the meaning expressed herein, or if no such meaning be given, their generally accepted meaning, according to the approved usage of the language, shall be applied.
(c) Technical, trade or commercial words and phrases, and words and phrases having a special or accepted meaning in the law, shall be construed in accordance with such technical, trade, commercial or special and accepted meaning.
(d) Unless otherwise indicated by the context, the definition herein contained shall apply to the terms used in the other definitions.
(e) Unless otherwise indicated by the context, the singular shall include the plural and one gender shall include the other gender.
1-4. Definitions.
In addition to the definitions included in some of the following chapters of this Code, the following definitions shall apply in the interpretation and enforcement of this Code:
(a) "Board" shall mean the Board of Health of the City of Englewood, New Jersey.
(b) "City" shall mean the City of Englewood, New Jersey.
(c) "Cleaning" shall mean the thorough removal of contaminating material or materials.
(d) "Code" shall mean the Revised Health Code of the City of Englewood, unless some other code is expressly indicated.
(e) "Department" shall mean the Department of Health of the City of Englewood, New Jersey.
(f) "Food" shall include any article used for food or beverage for people or animals, and every ingredient therein, including without limitation all confectionery, condiments, flavorings, and other components of any such article.
(g) "Garbage" shall mean the accumulation of animal or vegetable matter, or both, liquid or otherwise that tends to decay.
(h) "License" or "Permit" shall mean a duly authorized license or permit granted by the Board and issued in accordance with this code, the regulations of the Board of applicable state statutes or regulations.
(i) "Member" shall mean one of the persons who shall constitute the Board of Health of the City of Englewood.
(j) "Nuisance" shall mean any condition which is dangers to human life or health or which renders air, water, soil, or any type of food hazardous or injurious to human life or health, including but not limited to those things enumerated in Chapter 10 of this Code.
(k) "Person" shall mean any person, association, partnership, trust, or corporation, or any one or more of them, or any combination of any of them.
(l) "Public Place" shall mean a place which is visited by many persons and is usually accessible to the neighboring public and in which the public has an interest as affecting the safety, health, morals and welfare of the community.
(m) "Retail Food Service Establishment" shall mean any fixed or mobile restaurant; coffee shop; cafeteria; short-order café; luncheonette; grill; tea room; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public or non-profit organization or institution serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market, or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge; except that agricultural markets, covered dish suppers or similar type of church or non-profit type institution meal service shall meet the special provisions of Chapter 12 of the New Jersey State Sanitary Code.
(n) "Rules and Regulations" shall mean those rules and regulations prescribing or directing action or forbearance which are required to be followed by this code.
(o) "State Department" shall mean the New Jersey State Department of Health.
(p) "State Health Code" shall mean the New Jersey State Sanitary Code promulgated by the New Jersey State Department of Health which has the force and effect of law and is enforceable by the State Department of Health, the local boards of health, local police authorities, and other enforcement agencies.
1-5. References to chapters, articles and sections.
All references in the Revised Health Code to chapters, articles or sections are to chapters, articles or sections of the Revised Health Code. Such references to chapters or articles shall be construed to refer to all the sections within the chapters are articles to which such references are made, unless otherwise expressly provided.
1-6. Analyses, section headings, source references, and notes not part of the Revised Health Code.
In the construction of the Revised Health Code or any part thereof, no analysis of any chapter or part thereof, no cross-reference or cross-reference note, no indication of a source by parenthetical material after a section, no note, no footnote, and no section heading, shall be deemed to be part of the Revised Health Code.
1-7. Effect of repeal of certain ordinances.
Whenever an ordinance that repeals an earlier ordinance or part thereof is itself repealed, such repeal shall not revive the former ordinance or part thereof, unless specific provision is made therefor.
1-8. Severability.
In the event that any section, paragraph, sub-division, clause or provision of this Code shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall apply only to the section, paragraph, sub-division, clause or provision so adjudged invalid, and the remainder of this Code shall be deemed valid, effective and in full force and effect.
1-9. Rules and regulations.
The Board may, from time to time, adopt such rules and regulations as by law it is permitted, authorized or empowered to so adopt and which shall, in its judgment, aid in the proper understanding and general enforcement of this Code.
1-10. Amendments.
The Board shall and may, from time to time, amend, supplement or implement this Code by other provisions amendatory thereof or supplementary thereto.
1-11. Resolutions to suspend.
The Board may from time to time, by general resolution, suspend or declare inoperative any provisions of this Code, which, in their judgment, are not for the time being required for the protection of the health of the residents of the City of Englewood.
1-12. Posting of premises.
Whenever the Health Officer determines that a retail food service establishment or other public or private premise contains a health hazard or is in violation of this Code or of applicable State or Federal statutes, Codes or rules to that a public health hazard is present or a public health emergency may result, in addition to actual notice of the hazard or violation to the owner or operator, the Health Officer may post the premises with a notice to the public indicating the health hazard or violation and the date. The posted notice shall not be removed except by the Health Officer after an inspection has shown the hazard has been eliminated or the violation removed.
Chapter 2. BOARD OF HEALTH.
ANALYSIS
Section
2-1 Organizations.
2-2 Quorum, meetings, powers.
2-3 Appointments.
2-4 Salaries of officers and employees.
2-5 President of the Board.
2-6 Vice-President of Board.
2-7 Secretary of the Board.
2-8 Director of Health Services.
2-9 Health Officer.
2-10 Registrar of Vital Statistics.
2-11 Counsel.
2-12 Registered Environmental Health Specialists.
2-13 Right to make inspections.
2-1. Organization
The Board shall organize annually on the first day of January in each year, or as soon thereafter as may be feasible, at which time it shall elect, by a majority vote of all of the members of the Board and from its members, a President and a Vice-President.
2-2. Quorum, meetings, powers.
A majority of the whole number of the Board shall constitute a quorum for the transaction of business but a smaller number may meet and adjourn from time to time. Its regular meetings shall be held each and every month if the office of the Board of Health, Englewood, New Jersey at 8:00 P.M. on the second Monday of each month, which is not a legal holiday, or on such date as may be decided upon at the organization meeting. The Board shall determine and establish the rules of its own proceedings, and shall pass, promulgate or adopt such rules, regulations, orders, ordinances, by-laws, and resolutions pertaining to the purposes and objectives of the Board as may be necessary to properly carry out the provisions of applicable state laws governing the powers and duties of local Boards of Health. The President shall have the power to call special meetings of the Board when necessary and in case of this neglect or refusal to do so, it shall be lawful for any three members of such Board to call any special meetings by written or printed notice to each member, served personally or left at their places of residence at least 48 hours previous to the time appointed for such meeting. All meetings shall be in conformance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
2-3. Appointments
The President shall appoint, subject to confirmation by a majority of all Board members, a Director of Health Services, a Secretary, a Health Officer, one or more Registered Environmental Health Specialists, a Registrar of Vital Statistics, and such other officers and employees as the President may from time to time deem necessary, all of whom shall hold their respective offices until December 31 of the calendar year of their appointment and until their respective successors are appointed and shall qualify, except that the Registrar of Vital Statistics shall be appointed in accordance with the provisions of N.J.S.A. 26:8-13.
2-4. Salaries of officers and employees.
The salaries or other forms of compensation of the aforesaid officers and employees shall be such as are fixed at the time of their appointment by Resolution passed by a majority of all members of the Board.
2-5. President of the Board.
The President shall be the Chief Executive Officer of the Board. The President shall preside at all meetings of the Board, and have all such other powers as may, by law or by the provisions of this Code, be vested in such officer. During the intervals between regular meetings, the President shall represent the Board in all executive and judicial matters. The President shall also have the power to appoint, with the consent of the Board, such other officers as may from time to time, be required to be appointed and provision for whose appointment is not otherwise made in this Code.
2-6. Vice-President of the Board.
The Vice-President, in the absence, disability or disqualification of the President, shall serve in the place of said President, with all the aforesaid powers and duties of the President.
2-7. Secretary of the Board.
The Secretary shall keep the minutes of all the proceedings of the Board, shall conduct all the official correspondence of the Board, maintain proper copies of the same, tabulate and complete all reports required by any superior authority, local state or national, and make such other reports as may be required or directed by the Board. The Secretary shall procure all books, stationery and other supplies as may be required by the Board and shall keep adequate records of all applications for permits and the action of the Board, if any, thereon, and all such other pertinent information as may be necessary for a complete record of each such matter.
2-8. Director of Health Services.
The Director of Health Services shall plan, supervise and coordinate public health and human service programs in the Health Department of the City of Englewood as the senior administrative officer of said Department.
2-9. Health Officer.
The Health Officer shall be the general agent of the Board of Health in the enforcement of the Revised Health Code and other ordinances of the Board and the sanitary laws of the State. The Health Officer shall act within such additional authority as may be conferred on a licensed Health Officer by the State or the Board consistent with such state license.
2-10. Registrar of Vital Statistics.
The Registrar of Vital Statistics shall keep all such records of that office as required by the Bureau of Vital Statistics of the State of New Jersey and N.J.S.A. 26:8-29. The Registrar of Vital Statistics shall additionally perform such duties as may be directed by the Statutes or regulations of the State of New Jersey, the provisions of this Code or as they may, from time to time, be directed by the Board. The Registrar of Vital Statistics shall file with the Secretary of the Board a monthly report on the vital statistics collected by the Registrar of Vital Statistics, which report shall consist of a review and analysis of the data collected.
2-11. Counsel.
The Counsel, when appointed, shall be the legal adviser of the Board, and shall, when required, attend its meetings. The Counsel shall, when ordered to do so by the Board, represent it in all litigation to which it may be a party and perform all such other legal services as may, from time to time, be required of the Counsel by the Board.
2-12. Registered Environmental Health Specialists.
The Registered Environmental Health Specialists, when appointed, shall assist the Health officer in the performance of the duties of the Health Officer under the direction and supervision of the Health Officer or in the absence of the Health Officer. The Registered Environmental Health Specialists shall possess a valid Registered Environmental Health Specialist license from the State and shall perform such duties as may additionally be directed by the Statutes or regulations of the State of New Jersey, the provisions of this Code or as they may from time to time be directed by the Board. Each Registered Environmental Health Specialist shall make a written report at each regular meeting of the Board.
2-13. Right to make Inspections.
All officers and employees of the Board shall, by virtue of their respective appointments, be vested with the power and authority to make any and all inspections or examinations that are required to be made by local Boards of Health under the Statutes of this State, or that are required by any code, ordinance, regulation or order of the Board. They shall report to the Health Officer any violations occurring in the interim between meetings of the Board and all persons are hereby forbidden to interfere with or obstruct such inspections or examinations.
Chapter 3. AIR POLLUTION CONTROL.
ANALYSIS
Article 1. TITLE AND POLICY.
Section
3-1 Title.
3-2 Policy Statement.
Article 2. DEFINITIONS.
Section
3-3 Definitions.
Article 3. PROHIBITION OF AIR POLLUTION,
OPEN BURNING AND SMOKE.
Section
3-4 Prohibition of air pollution.
3-5 Prohibition of open burning.
3-6 Prohibition of smoke from combustion of fuel.
Article 4. STANDARDS AND REGULATIONS.
Section
3-7 Standards for the emission of solid particles.
3-8 Regulation of stack and chimneys.
3-9 Regulation of operation and installation of incinerators.
Article 5. CONTROL AND PROHIBITION OF AIR POLLUTION
FROM ASBESTOS SURFACE COATINGS
Section
3-10 Control and prohibition of air pollution from asbestos surface coatings.
3-11 Tests.
Article 6. INSPECTIONS,
RIGHT OF ENTRY AND WARRANTS.
Section
3-12 Inspections.
3-13 Right of entry.
3-14 Search warrant or access warrant.
Article 7. PENALTIES.
Section
3-15 Penalties.
Article 8. CONSTRUCTION AND SEVERABILITY.
Section
3-16 Construction and severability.
Article 1. TITLE AND POLICY.
3-1. Title.
This chapter shall be known and cited as the Air Pollution Control Code of the City of Englewood.
3-2. Policy Statement.
Air pollution is a menace to the health, welfare and comfort of the residents of the City of Englewood and a cause of substantial damage to property. For the purpose of preventing and reducing atmospheric pollution, it is hereby declared to be the policy of the City of Englewood to minimize air pollution as herein defined and to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion, which is a source or potential source of air pollution.
Article 2. DEFINITIONS.
3-3. Definitions.
The following terms wherever used herein or referred to in this Chapter shall have the respective meanings assigned to them unless a different meaning clearly appears from the context.
Air Contaminant-Solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere.
Air Pollution-The presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property.
Asbestos-Means actinolite, amosite, anthophylite, chyrsolite, crocidolite, termolite.
Direct Heat Exchanger-Equipment in which heat from the combustion of fuel is transferred to a substance being heated so that the latter is contacted by the products of combustion and may contribute to the total effluent.
Economic Poisons-Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
Friable Material-Means any material which can be crumbled, pulverized, or reduced to powder by hand pressure.
Fuel-Solid, liquid or gaseous materials used to produce useful heat by burning.
Garbage-Waste animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source, or food of any kind to be thrown away.
Incinerator-Any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance including but not limited to refuse, rubbish, garbage, trade waste, debris or scrap; or a facility for cremating human or animal remains.
Indirect Heating Exchanger-Equipment in which heat from the combustion of fuel is transferred by conduction through a heat conducting material to a substance being heated, so that the latter is not contacted by and adds nothing to the products of combustion.
Internal Cross-Sectional Dimension-Any maximum linear perpendicular distance from an inside wall of a stack or chimney to the inside of an opposite wall such as the diameter of a circular cross-section or the length or width or a rectangular cross-section.
Liquid Particles-Particles which have volume but are not of rigid shape and which, upon collection, tend to coalesce and create uniform homogeneous films upon the surface of the collecting media.
Manufacturing Process-Any action, operation or treatment embracing chemical, industrial, manufacturing or processing factors, methods or forms including but not limited to furnaces, kettles, ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters, crushers, grinders, mixers, reactors, regenerators, separators, filters, reboilers, columns, classifiers, screens, quenchers, cookers, digesters, towers, washers, scrubbers, mills, condensers or absorbers.
Motor Vehicles-Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks.
Odor-The property of a substance which affects the sense of smell.
Opacity-The property of a substance which renders it partially or wholly obstructive to the transmission of visible light expressed as the percentage to which the light is obstructed.
Open Burning-Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney of an incinerator.
Operator-Any person who has care, custody or control of a building or premises, or a portion thereof, whether with or without knowledge of the owner thereof.
Outdoor atmosphere-Air space outside buildings, stacks, or exterior ducts.
Owner-Any person who along or jointly, or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge or control of any dwelling or dwelling unit, as owner or agent of the owner, or as fiduciary including but not limited to executor, executrix, administrator, administratix, trustee, receivor or guardian of the estate; or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling unit shall be deemed to be a co-owner with the lessor and shall have a joint responsibility over the portion of the premises sublet or assigned by said lessee.
Particles-Any material, except uncombined water, which exists in finely divided form as liquid particles or solid particles at standard conditions.
Person-The word "Person" means and shall include corporations, companies, associations, societies, firms, partnerships and joint stock companies, as well as individuals, and shall also include all political subdivisions of this State or any agencies or instrumentalities thereof.
Plant Life-Vegetation including but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.
Refuse-Rubbish, garbage, trade waste, and plant life.
Ringlemann Smoke Chart-Ringlemann's Scale for Grading the Density of Smoke, as published by the United States Bureau of Mines, or any chart, recorder, indicator or device which is approved by the New Jersey Department of Environmental Protection as the equivalent of said Ringlemann's Scale or for the measurement of smoke density.
Rubbish-Waste solids not considered to be highly flammable, or explosive including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, papers, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
Salvage Operation-Any operation or activity from which is salvaged or reclaimed any product or materials including but not limited to metals, chemicals or shipping containers.
Smoke-Small gasborne or airborne particles, exclusive of water vapor, arising from a process of combustion in sufficient number to be observable.
Solid Particles-Particles of rigid shape and definite volume.
Source Operation-Any manufacturing process or any identifiable part thereof emitting an air contaminant into the outdoor atmosphere through one or more stacks or chimneys.
Stack or Chimney-A flue, conduit or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
Standard Conditions-Shall be 70 degrees F. and one atmosphere pressure (14.7 psia or 760 mm Hg.).
Trade Waste-All waste solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders, and other forms of solid or liquid waste material.
Visible Smoke-Smoke which obscures light to a degree readily discernible by visual observation.
Article 3. PROHIBITION OF AIR POLLUTION,
OPEN BURNING AND SMOKE.
3-4. Prohibition of air pollution.
No person or owner of property, or person or persons having possession or control thereof, shall cause, suffer, allow or permit to be emitted into the open air substances in such quantities as shall result in air pollution. The provisions of this section shall not apply to the use of economic poisons which are registered by the federal government or the State of New Jersey.
3-5. Prohibition of open burning.
(a) No person shall cause, suffer, allow or permit a salvage operation by open burning.
(b) No person shall cause, suffer, allow or permit the disposal of rubbish, garbage or trade waste, or buildings or structures, by open burning.
(c) No person shall cause, suffer, allow or permit the disposal of any type of plant life by open burning.
(d) The provisions of this section shall not apply to:
(1) Variances approved and issued by the New Jersey Department of Environmental Protection in accordance with Subchapter 2.5 of the New Jersey Administrative Code.
(2) Open burning of refuse for training or research exercises when conducted at a permanent facility or training center designed to be used solely for such purposes on a continuing basis.
3-6. Prohibition of smoke from combustion of fuel.
(a) No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from combustion of fuel in any stationary indirect heat exchanger except as provided in this section.
(b) No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than No. 1 on the Ringlemann Smoke Chart, or greater than 20 percent opacity, exclusive of water vapor, to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger having a rated hourly capacity of 200 million BUT or greater gross heat input, and discharging through a stack or chimney having all internal cross-sectional dimensions of 60 inches or greater.
(c) The provisions of this section shall not apply to smoke which is visible for a period of not longer than three minutes in any consecutive 30-minute period.
(d) The provisions of this section shall not apply to direct heat exchangers or manufacturing processes, or any motor vehicle while operating on the public highway.
(e) Any person responsible for the construction, installation, alteration or use of an indirect heat exchanger shall, when requested by the Health Officer, provide the facilities and necessary equipment for determining the density or opacity of smoke being discharged into the open air.
Article 4. STANDARDS AND REGULATIONS.
3-7. Standards for the emission of solid particles.
(a) No person shall cause, suffer, allow or permit particles to be emitted from any stack or chimney into the outdoor air the shade or appearance of which is greater than 20 percent opacity, exclusive of water vapor.
(b) The provisions of this section shall not apply:
(1) to particles the shade or appearance of which is greater than 20 percent opacity, exclusive of water vapor, for a period of not longer than three minutes in any consecutive 30 minute period;
(2) to source operations issued a variance by the New Jersey Department of Environmental Protection in accordance with 7:27-6.5 of the New Jersey Administrative Code;
(3) to indirect heat exchangers;
(4) to incinerators.
3-8. Regulation of stack and chimneys.
(a) Except as herein provided, persons burning solid or liquid fuel whose products of combustion are discharged into the open air from a stack or chimney shall submit to the Health Officer information for each stack or chimney relating to place, type of fuel burned, heat content in fuel burned, quantity of fuel burned per hour and year or per hour or year, description of combustion equipment, usual period of operation, height and size of outlet, and description of air pollution control equipment, and such other pertinent information as may be requested on forms provided for that purpose by the Health Officer. The application forms shall also require submission of name, address and telephone number of the person or persons responsible for day-to-day operation and, also of the person or persons responsible for maintenance of any such equipment. Any change in the name, address or telephone number of such person or persons shall be reported within ten (10) days of the occurrence of such change to the Health Officer.
(b) Such information shall be submitted to the Health Officer within ninety (90) days after either new installations are placed into service or existing installations are altered. Nothing herein shall be construed as relieving any person from the requirements of the Building Code of the City of Englewood. Additional reports concerning these items may be requested by the Health Officer.
(c) The provisions of this Section shall not apply to equipment designed or used for heat input rate of not more than one million British Thermal Units (BTU) per hour unless the equipment is designed for or actually using #4, #5, or #6 fuel oil or coal.
3-9. Regulation of operation and installation of incinerators.
(a) No person shall operate or permit the operation of an incinerator in the City of Englewood without securing the necessary permits and operating certificates from the State Department of Environmental Protection.
(b) No person shall operate or permit the operation of an incinerator in the City of Englewood before 9:00 a.m. or after 5:00 p.m., and all operation shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of materials from the firebox to a noncombustible container and in a safe manner, provided, however, that the Health officer may, by Special Permit, because of exceptional circumstances, permit different hours of operation under such conditions as he shall deem necessary for the health, safety and welfare of the public or of persons in the vicinity.
(c) Where the operation of an incinerator constitutes an immediate and substantial menace to public health and safety, or is a substantial source of air pollution causing irritation and discomfort to persons in the vicinity, and the owner or operator fails upon written or oral notice to take immediate corrective measures, the Health Officer may take all necessary measures to abate the condition including but not limited to ordering the cessation of use of the equipment and sealing the same, pending a hearing in the Municipal Court.
(d) No person shall cause, suffer, allow or permit smoke from any incinerator the shade or appearance of which is darker than No. 1 of the Ringlemann Smoke Chart to be emitted into the open air; or emissions of such opacity within a stack or chimney, or exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as No. 1 of the Ringlemann Smoke Chart.
(e) The provisions of Section 3-9(d) shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringlemann Smoke Chart for a period of three consecutive minutes or emissions of such opacity within a stack or chimney, exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as No. 2 of the Ringlemann Smoke Chart, for a period of no greater than three consecutive minutes.
(f) No person shall cause, suffer, allow or permit the emission from any incinerator of particles of unburned waste or ash which are individually large enough to be visible while suspended in the atmosphere.
(g) No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.
Article 5. CONTROL AND PROHIBITION OF
AIR POLLUTION FROM ASBESTOS SURFACE COATINGS.
3-10. Control and prohibition of air pollution from asbestos surface coatings.
No person shall cause, suffer, allow or permit surface coating by spraying on any building, structure, facility, installation or internal or external portion thereof, asbestos or friable material containing in excess of 0.25% (by weight) asbestos.
3-11. Tests.
(a) Any person responsible for the manufacture, application or use of any coating, which the Health Officer, or any agent thereof, has reason to believe contains asbestos, shall, when requested by the Health officer, conduct such tests as are necessary in the opinion of the Health Officer to determine the presence, the amount and the kinds of asbestos in the coating. Such tests shall be conducted in a manner approved by the Health Officer and shall be made at the expense of the person responsible.
(b) The Health Officer may waive the testing requirements of sub-section (a) of this Section upon receipt of a materials specifications report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of this Section.
Article 6. INSPECTIONS, RIGHT OF ENTRY AND WARRANTS.
3-12. Inspections.
(a) Emergency inspections may be authorized without warrant if the Health Officer has reason to believe that a condition exists which poses an immediate threat to life, health or safety. Such procedure shall only take place where the time taken to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition.
(b) Emergency inspections may also be authorized by the Governor in times of air pollution emergencies in accordance with N.J.S.A. 26:2C-26 et seq.
3-13. Right of Entry.
Where the Health Officer or his agent is refused entry or access, or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this Code and subject to the penalties hereunder.
3-14. Search warrant or access warrant.
The Health Officer may, upon affidavit, apply to the Judge of the Englewood Municipal Court for a search warrant setting forth factually the actual conditions and circumstances that indicate the violations of the Code may exist on the premises. If the Judge of the Englewood Municipal Court is satisfied as to the matter set forth in said affidavit, the judge shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
Article 7. PENALTIES.
3-15. Penalties.
(a) Any person who shall violate any of the provisions of this Code, or who shall fail to comply therewith or with any of the requirements, shall be punishable by a fine not to exceed $500 or imprisonment for a term not to exceed ninety (90) days, or both, for each violation. Each day that such violation shall continue shall constitute a separate offense.
(b) The violation of any section or subsection of this Code shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this Code.
Article 8. CONSTRUCTION AND SEVERABILITY.
3-16. Construction and severability.
(a) This Chapter is to be liberally construed to effectuate the purpose herein described. Nothing herein is to be construed as repealing or abridging the emergency powers of any agency of government except to the extent expressly set forth herein.
(b) This Chapter is promulgated and adopted in accordance with Section 26:2C-8 of P.L. 1954, C.212 (Title 26:2C-1 to 2C-23), amended by P.L. 1962, C.215: P.L. 1967, C.105; and P.L. 1967, C.106; and nothing contained herein or any action taken hereunder is to be interpreted as being in conflict with the New Jersey Air Pollution Control Act and the New Jersey Administrative Code.
Chapter 4. ANIMALS.
ANALYSIS
Article 1. FARM ANIMALS.
Section
4-1 Keeping or slaughtering of farm animals prohibited.
Article 2. FOWL.
Section
4-2 Keeping or slaughtering of fowl prohibited.
Article 3. KEEPING OF SMALL ANIMALS.
Section
4-3 Limitation on number of cats and/or dogs per household.
4-4 Prohibition, abatement of health hazard or nuisance.
4-5 Standards for pens.
4-6 Location of pens.
4-7 Contagious diseases.
4-8 Animals to be confined.
Article 4. BEES.
Section
4-9 Keeping of bees prohibited.
Article 5. WILD WATER FOWL.
Section
4-10 Statement of purpose.
4-11 Feeding of wild water fowl prohibited.
4-12 Exceptions.
4-13 Enforcement.
Article 1. FARM ANIMALS.
4-1. Keeping or slaughtering of farm animals prohibited.
No person, firm or corporation shall raise, keep, harbor or slaughter any farm animal, including but not limited to cattle, horses, goats, sheep or pigs within the City.
Article 2. FOWL.
4-2. Keeping or slaughtering of fowl prohibited.
No person, firm or corporation shall raise, keep, harbor or slaughter any fowl, including but not limited to chickens, ducks, geese, pigeons or turkeys within the City.
Article 3. KEEPING OF SMALL ANIMALS.
4-3. Limitation on number of cats and/or dogs per household.
There shall be no more than six (6) cats or dogs kept or harbored in any household in the city of Englewood. "Aggressive dogs" as defined in the City of Englewood Ordinance 99-16 shall be regulated not withstanding the provisions of this section in accordance with the City of Englewood Ordinance 99-16.
Owners of aggressive dogs, as defined in the City of Englewood Ordinance 99-16, must show proof that they complied with that ordinance before a dog license may be issued by the Department of Health.
(a) If an owner wishes to have more than six (6) cats or dogs in their home, such owner shall make an application to the Health Officer, in writing, or an application form prescribed by the Board of Health.
The Health Officer shall act upon such application based upon the standards set forth in this ordinance within thirty (30) days of the date on application. The owner shall have the right to appeal an adverse action to the Board of Health. The appeal should be filed with the Board of Health within ten (10) days of adverse action and shall be an appeal form prescribed by the Board of Health.
4-4. Prohibition, abatement of health hazard or nuisance.
Any person keeping, owning or otherwise harboring more than one animal shall maintain them in such a way that they do not constitute a public health hazard or a nuisance to others. If any home or place where such animal is kept is deemed a health hazard or a nuisance by the Health Officer, the owner or person keeping the animal shall be requested to remove the hazard or abate the nuisance within five (5) days written notice by the Health Officer.
4-5. Duties of owners.
A. For the purpose of this section, unless otherwise limited, the owner is ultimately responsible for the behavior of the animal regardless of whether the owner or another member of the owner's household or a household visitor permitted the animal to engage in the behavior that is the subject of the violation.
B. It is unlawful for any person to commit any of the following:
1. Permit an animal to be at large.
2. Permit an animal to trespass upon property of another.
3. Permit any animal unreasonably to cause annoyance, alarm or noise disturbance to any person or neighborhood by barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the owner's or keeper's property under conditions wherein the animal sounds are shown to have occurred either as repeated episodes of continuous noise lasting for a minimum period of ten (10) minutes or repeated episodes of intermittent noises lasting for a minimum period of thirty (30) minutes. It shall be an affirmative defense under this sub-section that the animal was intentionally provoked by a party other than the owner to make such noise.
4. Permit any animal to leave the confines of any officially prescribed quarantine area.
5. Cages, rooms, hard-surfaced pens, runs and food and watering receptacles shall be sanitized daily to prevent disease.
6. Excrement shall be removed from primary enclosures a minimum of every twenty-four (24) hours, or more often if necessary as to prevent contamination, reduce disease hazards and minimize odors.
4-6. Location of pens.
No hutch, pen, coop or enclosure shall be less than 50 feet from any dwelling nor less than 10 feet from all adjoining property lines.
4-7. Contagious diseases.
No person shall keep any small animals affected with skin mange, coccidiosis, parasitic worms or other diseases contagious to other animals or human beings, and any such animal so affected shall immediately be destroyed and the carcass cremated forthwith. The provisions of this Article shall not apply to any small animal under regular professional treatment by a duly licensed Veterinarian, but all said provisions shall fully apply when such treatment shall be discontinued without a full cure having been effected or when such Veterinarian shall certify that, in his opinion, such cure cannot be effected. Any hutch, pen, coop or enclosure wherein such affected animal is found and all adjoining hutches, pens, coops or enclosures shall be destroyed or thoroughly disinfected in an approved fashion.
4-8. Animals to be confined.
No person shall allow any small animal, as the terms are herein defined, to run at large in Englewood, but the same shall, at al times, be confined to the premises in a suitable hutch, pen, coop or enclosure.
Article 4. BEES.
4-9. Keeping of bees prohibited.
No person, firm or corporation shall raise, keep or harbor any bees for commercial or non-commercial purposes within the City.
Article 5. WILD WATER FOWL.
4-10. Statement of purpose.
It has been determined that the presence of large numbers of "wild water fowl" which are defined as those non-domesticated species of birds commonly known as "swans," "geese," "brant" and "river and sea ducks" on and around ponds and other bodies of water in the City of Englewood causes a public health nuisance in and around said ponds and bodies of water, including the surrounding properties which is inimical to the health and general welfare of the public. The purpose of this Article is to prevent such conduct that may attract such wild water fowl to properties in the City.
4-11. Feeding of wild water fowl prohibited.
No person shall feed, cause to be fed or provide food for wild water fowl in the City of Englewood on lands either publicly or privately owned.
4-12. Exceptions.
This section shall not be construed to prohibit humane acts toward wild water fowl in individual cases, such as the temporary nurturing of a wounded bird on one's own premises.
4-13. Enforcement.
The Police Department and the Health Department of the City of Englewood are hereby authorized and directed to enforce this article.
Chapter 5. CHILD CARE.
Note: Child care facilities enrolling more than five children between two and five years of age are licensed and regulated by the State Department of Human Services, Division of Youth and Family Services (DYFS).
Article 1. CHILD CARE FACILITIES.
ANALYSIS.
Section
5-1. Definitions.
5-2. Child care facilities enrolling five or more children between 2 weeks and 16 years of age.
Article 2. HEALTH AND SAFETY STANDARDS.
Section
5-3 Number of staff
5-4 Equipment
5-5 Sleeping equipment
5-6 Food service
5-7 Food service sanitation
5-8 Swimming and wading
5-9 Child information records and reports
5-10 Health of personnel; report
5-11 Emergency medical care; immunization status; statement; medication; health surveillance measures
5-12 Telephone service
5-13 Space requirements - maximum capacity
5-14 Diapering
5-15 Location of center; stairs, walkways, ramps and porches
5-16 Heating and Cooling
5-17 light, ventilation and screening
5-18 Water supply
5-19 Toilets and washbasins
5-20 Sewage disposal
5-21 Garbage and refuse
5-22 Maintenance of premises
5-23 Building, plumbing and fire code compliance
5-24 Leaded paint
Article 1. CHILD CARE FACILITIES.
5-1. Definitions.
(a) The phrase "child care facilities" shall include every private child care center, infant care center, day nursery, nursery school, boarding school, private elementary school, cooperative group, play group or other establishment of similar character for the care or schooling of children in which any tuition, fee, board or other form of compensation is charged or which is publicly funded whether or not tuition fees, board or other form of compensation is charged, except those child care centers subject to licensure by the State Department of Human Services, Division of Youth & Family Services, pursuant to the State's Child Care Licensing Law (N.J.S.A. 18A-70-1 to 9) and regulations promulgated thereunder.
(b) Day care homes are facilities operated by one or more individuals and not licensed by the State of New Jersey in which children are placed for temporary care on a daily basis either during or outside of school hours. They shall not provide care for more than twelve children at any one time.
5-2. Child care facilities enrolling five or more children between the age of two weeks and sixteen years.
Child care facilities enrolling five or more children between two weeks and sixteen years of age and not regulated by DYFS shall be regulated by this chapter.
Article 2. HEALTH AND SAFETY STANDARDS.
5-3. Number of staff.
(a) There must be at least two staff members present in any facility when more than one child is present or on any trip or outing outside the facility.
(b) The ratio of staff members to children in any facility shall conform to the following minimum standards:
(1) Under the age of six weeks, one staff member per child;
(2) from the age of six weeks to three years, one staff member for every four children;
(3) from the age of three years to six years, one staff member for every six children;
(4) from the age of six years to ten years, one staff member for every fifteen children;
(5) over the age of ten years, one staff member for every twenty children.
5-4. Equipment.
A facility shall provide play equipment, materials and furniture which shall be safe, clean, in good repair and free of lead paint hazards.
5-5. Sleeping equipment.
(a) Infants less than twelve months shall sleep in cribs or beds with side rails and firm mattresses. Children twelve months of age or older shall sleep in cribs, beds or cots - as appropriate. Each crib, bed or cot shall have a washable, waterproof covering and appropriate bedding.
(b) Each child five years or younger who is enrolled for five or more continuous hours shall be provided with sleeping equipment.
(c) Between launderings, all bedding shall be for the exclusive use of the same child.
(d) all bedding shall be kept clean.
5-6. Food Service.
(a) A child care facility shall establish and implement a written policy for its nutrition and food service programs.
(b) A child or infant shall be served meals as appropriate.
(c) When a facility provides formula for the child who is on regular or special infant formula commercially prepared, pre-bottled, ready-to-feed units shall be provided unless provided by the parent as specified in this section.
(d) When a parent chooses to provide formula or food, the facility shall assure that the food, formula, bottles, nipples and containers comply with the following requirements:
(1) Food or formula shall be prepared at the child's home and placed in a labeled, assembled bottle prior to being brought to the center.
(2) Potentially hazardous foods shall be kept properly refrigerated below 45F.
(e) Formula left in a bottle at the end of a feeding shall be discarded.
5-7. Food service sanitation.
(a) Facilities, equipment, and procedures used for the preparation, storage and service of food, whether on or off the premises, shall comply with the applicable provisions of Chapter 12 of the State Sanitary Code. Facilities, equipment and procedures required shall depend on the amount of food service and type of food service operation.
(b) In facilities with twelve children or less, high quality domestic equipment and utensils may be acceptable, provided that they are designed and of such material and workmanship as to be easily cleanable and in good repair. Disposable utensils, plates and the like shall be used unless an automatic dishwasher or 3-compartment sink is available.
(c) The cooking equipment shall be provided with mechanical ventilation and adequately vented to the outside atmosphere.
(d) In facilities with thirteen or more children or in facilities with an institutional setting, commercial food service equipment will be required. Minimum equipment for utensil cleaning and sanitizing procedures must include a 3-compartment sink or an automatic dishwasher with a sanitizing (pumped rinse of 165F for 30 seconds) and drying cycle and a 2-compartment sink provided with hot and cold running water.
5-8. Swimming and wading.
A child care facility shall not allow swimming or wading except in licensed municipal pools.
5-9. Child information records and reports.
(a) A center shall have a child information card completed and on file for each child currently enrolled.
(b) A center shall maintain an accurate record of daily attendance for children enrolled.
(c) A center shall report an accident or illness occurring while a child is in care, which results in hospitalization or death. A report shall be submitted to the Health Officer within five days of such an event.
5-10. Health of personnel; report.
(a) A center shall have on file a report, signed by a licensed physician, for each staff member and each volunteer who has contact with children our hours or more per week for more than two consecutive weeks. This report shall declare, to the best of the physician's knowledge, the physical capability of the staff member to perform the duties required. The report shall be signed no more than six months prior to, or 30 days after, the start of employment and every year thereafter.
(b) A center shall have on file evidence that each staff member and volunteer who has contact with children our hours or more per week or more than two consecutive weeks is free from communicable tuberculosis, verified within one year prior to employment and every year thereafter.
5-11. Emergency medical care; immunization status; statement; medication; health surveillance measures.
(a) At the time of initial attendance, a center shall obtain and keep on the file written permission, signed by the parent, to seek emergency medical care.
(b) A center shall obtain and keep on file, within thirty days of a child's initial attendance, information as to a child's immunization status and one of the following statements:
(1) A signed statement on the state of the child's health based on an evaluation by a licensed physician or his or her designee made within the preceding 12 months and every two years thereafter. Restrictions, if any, on activities shall be stated by a licensed physician.
(2) A written statement from the parent or guardian that the child has completed, or has an appointment to take part in, a health care program which shall include health observations, physician assessments, and screening tests, when such a health program is available and has been approved by the Department. The result of this health screening program shall be on file in the center following such an assessment and shall be updated every two years.
(3) A child whose parents object to physical examination, immunizations, or medical treatment on religious grounds may be admitted if the parent provides the center with a signed statement that the child is in good health and that the parent assumes responsibility for the child's state of health while at a center, with the understanding that the parent be notified immediately when anything unforeseen in this regard occurs.
(c) When a center administers medication, the following provisions shall apply:
(1) Medication, including aspirin, dietary supplements, prescription or individual special medical procedures, shall be given or applied only with prior written permission from the parent. Prescription medication shall have the pharmacy label indicating the physician's name, child's name, instructions, and name and strength of the medication, and shall be given in accordance with those instructions.
(2) A caregiver shall maintain a record as to the time and the amount of any medication given or applied.
(3) The medication shall be in the original container, stored according to the instructions, and clearly labeled for the specific child. The caregiver shall keep the medication out of the reach of children in a locked cabinet, and shall return the medication to the parent or destroy it when no longer needed.
(d) Health surveillance measures include the following:
(1) A center shall be responsible for reporting to the parent observed changes in the child's health or any accidents that may have happened to the child.
(2) A child too ill to remain in the group shall be placed in a separate area where he or she may be comfortably cared for and supervised until he or she can be taken home or suitably cared for elsewhere. Items and facilities, including cots, bedding, utensils, toys, toilets, and lavatories used by the ill child shall not be used by any other person until those items and facilities have been thoroughly cleaned. The parent shall be contacted when these measures are required.
5-12. Telephone service.
A telephone shall be available and accessible in the building during the hours that the center is in operation. Pay telephones shall not be considered as meeting this requirement. Emergency telephone numbers, including fire, police, poison control center, and ambulance, shall be conspicuously posted immediately adjacent to the telephone.
5-13. Space requirements - maximum capacity.
Maximum capacity of a facility shall be determined by the following minimum space standards (calculations not to include hallways, bathrooms, storage areas, kitchens, reception rooms, or office areas):
(a) Indoor space for infants and children under 2 years of age shall be at least 50 sq. ft. per infant.
(b) Indoor space for children, 2 to 16 years old, shall be at least 35 sq. ft. per child.
(c) Outdoor play areas shall be provided if children are to be in attendance for five or more continuous hours a day. The play area shall be at least 1200 sq. ft. in size and shall provide a safe environment for play (e.g. no water or traffic hazards; fences provided if necessary).
5-14. Diapering.
(a) A center shall provide diapers. Diapers shall be disposable or furnished by a commercial diaper service.
(b) Diapering shall be done in the child's own crib, or in a designated diapering area or station.
(c) A diapering area, and all supplies and equipment, shall be maintained in a safe and sanitary manner.
(d) The hands of a caregiver shall be washed before and after each diapering, using soap and running water. A hand sink shall be conveniently located to a diapering area.
(e) A washcloth or towel, or both, used in diapering shall not be used subsequently on another part of the body or for any other purpose or on another child until laundered.
(f) Diapers shall be changed when soiled or wet.
5-15. Location of center; stairs, walkways, ramps and porches.
(a) A center shall be located on land that provides good natural drainage or that is properly drained.
(b) Porches and walkways that are elevated shall have barriers to prevent falls.
(c) Stairs, walkways, ramps and porches shall be maintained in a safe condition relative to the accumulation of water, ice or snow, and shall have non-slip surfaces.
5-16. Heating and Cooling.
(a) Heating equipment shall be capable of maintaining a temperature of not less than 68F at a point two (2) feet above the floor.
(b) Cooling equipment shall maintain a temperature of not more than 78F at a point two (2) feet above the floor.
5-17. Light, ventilation and screening.
(a) The total ventilation area in every habitable room, as provided by openable windows, shall be not less than 4-1/2% of the floor area, unless central air conditioning is provided.
(b) Artificial light or natural light, or both, shall be capable of providing a minimum illumination of 40 footcandles over the entire room at a height of 3 feet from the floor.
(c) During the fly season, a window used for ventilation shall be supplied with screening of not less than 16 mesh, which shall be kept in good repair.
5-18. Water supply.
(a) Sinks, lavatories, drinking fountains and other water outlets shall be supplied with safe water, sufficient in quantity and pressure to meet conditions of peak demand. Hot water temperatures shall not exceed 120F at outlets accessible to children.
(b) The water system shall comply with the requirements of the Department of Environmental Protection. Plumbing shall be designed, constructed, installed and maintained to prevent cross-connections.
5-19. Toilets and wash basins.
A center shall provide one toilet and one wash basin for the first fifteen (15) children and one additional toilet and wash basin for each additional one to fifteen children, except that a center operating with children present for five or more continuous hours a day shall provide one toilet and one wash basin for the first ten (10) children and one additional toilet and wash basin for each additional one to ten children.
5-20. Sewage disposal.
Sewage and other water-carried wastes shall be disposed of through the municipal sewer system.
5-21. Garbage and refuse.
(a) A center shall store garbage in flyproof and watertight containers with tight-fitting covers. A garbage can shall be provided with a waterproof liner or be thoroughly cleaned after each emptying.
(b) A center shall have garbage and refuse removed at intervals of at least once a week so as not to create a menace to health.
5-22. Maintenance of premises.
(a) The premises shall be maintained in a clean and safe condition and shall be free from standing water.
(b) The premises shall be maintained so as to eliminate and prevent rodent and insect harborage.
(c) Roofs, exterior walls, doors, skylights, and windows shall be weathertight and watertight and shall be kept in sound condition and good repair.
(d) Floors, interior walls and ceilings shall be sound, in good repair and maintained in a clean condition.
(e) All plumbing fixtures and water and waste pipes shall be properly installed and maintained in good working condition. Each water heater shall be equipped with a thermostatic temperature control and a pressure relief valve, both of which shall be in good working condition.
(f) All water closet compartments, bathrooms and kitchen floor surfaces shall be constructed and maintained so as to be reasonably impervious to water and to permit the floor to be easily kept in a clean condition.
5-23. Building, plumbing and fire code compliance.
Every facility shall be in compliance with all applicable building, plumbing and fire safety code requirements.
Chapter 6. FEES AND FEE SCHEDULE.
ANALYSIS.
Section
6-1. Licensing year fees.
6-2. Fees fixed.
6-3. No specific fee fixed.
6-1. Licensing year fees.
The licensing year shall be from April 1 until the following March 31. All of the fees required to be paid, or paid under the terms hereof, are intended to be licensing year fees but, when paid, shall cover only the balance of the licensing year during which the same are so paid or payable except that new licensing fees paid during the month of March shall cover that month and the following licensing year.
6-2. Fees fixed.
The licensing year fee for the several licenses or permits referred to in this Code are hereby fixed as follows:
(a) Late fee for licenses when applied for after $50.00 for license under $200.00 and
April 1 of any year $100.00 for licenses over $200.00
(b) License reinstatement fee (after suspension $150.00 per reinstatement in addition
or revocation of license) to regular fees
(c) Plan Review Fee $25.00
(d) Retail Food Service establishments:
(1) Food markets
Up to 3,000 sq. ft. $100.00
3,001 to 6,000 sq. ft. $150.00
6,001 to 10,000 sq. ft. $250.00
10,001 to 30,000 sq. ft. $400.00
30,001 to 50,000 sq. ft. $500.00
Over 50,001 sq. ft. $600.00
(2) Restaurants (per person seating capacity)
Less than 25 $120.00
25 to 50 $160.00
51 to 75 $250.00
76 to 100 $300.00
101 or more $350.00
(3) Vending machines:
Coffee, tea, soup, sandwich, etc. $35.00 per machine
Candy, ice cream, cookies, etc. $35.00 per machine
Soda $35.00 per machine
Gum ball type $10.00 per machine
Milk $35.00 per machine
Ice $35.00 per machine
Battery of five or more at same location $100.00 per location
(4) Mobile food vendor $80.00
(5) Sweets, candies, gum $35.00
(6) Temporary Retail Food Establishment $30.00
(If mandatory pre-license inspection
cannot be done during normal Department
working hours of 9-5 weekdays, the
applicant, even if exempt from license fee,
must pay the overtime cost of the inspection.
One half of the estimated cost must be
paid with the license application; the
balance will be billed when the amount
is determined.)
(7) License renewals for Retail Food 50% of the license fee
Service establishments and restaurants
receiving two conditional ratings in
the previous year (Chapter 12 of the
State Sanitary Code)
(8) Reinspection fee for Retail Food 25% of the license fee
Service establishments receiving
a second or subsequent conditional
or unsatisfactory rating in any one year
(e) Swimming pools (non residential) $250.00
(f) Tanning Salons $30.00 per booth
(g) Toilets, portable - first on a site $15.00
Each additional on same site or premises $5.00
(h) Massage Therapists $75.00 for each person
6-3. No specific fixed fee.
Whenever in this code a license or permit is required and no specific fee is established for such license or permit, the fee therefor shall be $30.00, payable on application for such license or permit pursuant to Section 6-1 of this Code.
Chapter 7. LEAD.
NOTE: Lead is covered by Chapter 13 of the New Jersey State Sanitary Code.
ANALYSIS
Section
7-1. Repainting and inspection prior to occupancy.
7-1. Repainting and inspection prior to occupancy.
In addition to the requirements of Section 4.5 of Chapter 13 of the New Jersey State Sanitary Code, all repainting mentioned under that Section shall be completed prior to occupancy or issuance of a Certificate of Occupancy. The Health Officer shall make a final inspection prior to an occupancy upon application by the responsible owner or superintendent of the premises.
Chapter 8. LICENSES OR PERMITS.
ANALYSIS
Article 1. APPLICATIONS, ISSUANCE, DISPLAY.
Section
8-1. Terms.
8-2 Applications.
8-3 Prior Inspections.
8-4 Validity.
8-5 Evidence.
8-6 Display required.
Article 2. SUSPENSION OR REVOCATION OF LICENSE OR PERMIT.
Subarticle A. SUSPENSION OF LICENSE.
Section
8-7. Notice to show cause.
8-8. Complaint necessary.
8-9. Termination of suspension.
8-10. License ineffective during suspension.
8-11. Reinstatement of suspended licenses.
Subarticle B. REVOCATION OF LICENSE.
Section
8-12 Revocation, cause.
8-13 Revocation hearing.
8-14 Scheduling of revocation hearing
8-15 Notice of revocation hearing.
8-16 Failure to appear
8-17 Permissible action.
8-18 Subarticle C. INFORMAL HEARINGS.
8-19 Subarticle D. FORMAL HEARING.
8-20 Subarticle E. CONDITIONAL LICENSES.
Article 1. APPLICATIONS, ISSUANCE, DISPLAY.
8-1. Terms.
It is intended that the terms "license" or "permit" wherever used herein, be synonymous if, in the interpretation of any part hereof, such synonym is required to carry out the manifest intent and purpose of this Code.
8-2. Applications.
All applications for licenses or permits shall be made at the office of the Board during regular office hours and the fees for every license or permit shall be paid in advance at the time of making the application therefor.
8-3. Prior inspections.
The granting of any license or permit may be withheld, at the direction of the Board, pending examination, investigation or inspection of the person who, or the premises which, may be the subject matter of the license or permit under consideration.
8-4. Validity.
All licenses or permits issued under any of the several Chapters of this Code, shall be valid only for the balance of the licensing year in which they are issued, unless otherwise herein provided, except a new license or permit issued in March shall be issued for that month and the following year. The licensing year shall run from April 1 until the following March 31. No license or permit shall be transferrable or assignable.
8-5. Evidence.
The Board shall evidence the granting of any license or permit issued by furnishing to the licensee or permittee a suitable card, sign, placard, disc, plate or other writing which shall convey information concerning the nature of such license or permit, the serial number of the same, name of the person to whom the same has been issued, the year in which the same is so issued, the premises or vehicle so licensed, if that be material or required, and such other information as the Board may deem pertinent.
8-6. Display required.
Every license or permit issued by the Board shall be displayed in a conspicuous place in the establishment, premises or other place for which the same is issued, and shall likewise be so displayed on every vehicle or conveyance so licensed, for the period that the said license or permit shall be in force, unless the Board shall otherwise prescribe.
Article 2. SUSPENSION OR REVOCATION OF LICENSE OR PERMIT.
Subarticle A. SUSPENSION OF LICENSE.
8-7. Notice to show cause.
Every license or permit issued hereunder may, at any time during the term for which the same is so issued, be suspended by the Board or, in an emergency, by its Health Officer pending a hearing, to be granted the holder thereof, pursuant to a notice to show cause why the said license or permit should not be suspended further or revoked by the Board.
8-8. Complaint necessary.
No such license or permit shall be suspended unless the Health Officer shall file, with the Board, a complaint or charges evidencing one or more violations of the Section hereof under which said license or permit was originally issued of one or more violations of the New Jersey State Sanitary Code, or other applicable statutes or regulations.
8-9. Termination of suspension.
Every suspension ordered under this Article shall automatically terminate two (2) weeks from the date thereof unless the continuance of such suspension shall be ordered by the Board for good cause, and then such suspension shall continue only during the period of any such continuance so ordered by the Board.
8-10. License ineffective during suspension.
During the period of any such suspension, or ordered continuance thereof, every license or permit so suspended shall be ineffective and the holder thereof shall, during the entire period of such suspension, cease the operation of any business or discontinue every activity or use permitted under the license or permit suspended.
8-11. Reinstatement of suspended licenses.
Any person whose license has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the license. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his or her opinion the conditions causing suspension of the license have been corrected, the Health Officer shall make a reinspection. If the applicant is complying with the requirements of this Code and of the New Jersey State Sanitary Code, or other applicable statutes or regulations, and has paid the requisite reinstatement fee, the license shall be reinstated.
Subarticle B. REVOCATION OF LICENSE.
8-12. Revocation, cause.
Any license or permit issued under the provisions of this code, may be revoked at any time by the Board, for just cause, or if the licensee or permittee, or any of the employees, agents or servants of said license or permittee shall violate:
(a) any of the provisions of this Code or any amendments hereof or supplements hereto; or
(b) the Sanitary Code of the Department of Health of the State of New Jersey specifically applicable to the subject matter for or upon which said license or permit was issued; or
(c) applicable state statutes, rules or regulation.
8-13. Revocation hearing.
Before any license or permit may be revoked, the Health Officer shall notify the license holder in writing, stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five (5) days following service of such notice, unless a written request for a hearing is filed with the Health Officer, by the license holder, within such five (5) day period. A license may be suspended for cause pending its revocation or a hearing relative thereto.
8-14. Scheduling of revocation hearing.
The time and place for such hearing shall be fixed at the discretion of the Board; provided, however, that an unreasonable time shall not be permitted to elapse between the date of any suspension of license and the date fixed for the revocation hearing.
8-15. Notice of revocation hearing.
Notice of the time and place of any hearing held under this Article shall be given by the Board to the holder of the license or permit so involved, in writing, and served either personally or sent to the applicant by registered mail, addressed to him at the address stated in the license or permit or by posting securely on the premises either on or near the main entrance door. If there is more than one entrance door, the notice shall be posted on the one which, in the discretion of the Health Officer, is most used by the general public.
8-16. Failure to appear.
A licensee or permittee who fails to appear at the time and place fixed for such hearing shall not be entitled to any further hearing and in that event the license or permit may, as a matter of course, be forthwith revoked.
8-17. Permissible action.
The Board of Health, after a formal hearing, may order the license restored, issue a conditional license or revoke the license pending full compliance with all applicable codes and statutes.
8-18. Subarticle C. INFORMAL HEARINGS.
The Health officer, as a result of any conditional or unsatisfactory inspection report or other field inspection documenting serious code violations may ask the holder of a license or permit to attend an informal hearing with the Health Officer and one or more Registered Environmental Health Specialists. At the informal hearing, the parties shall discuss the health-related problems in the establishment, actions necessary to correct said problems and a reasonable time schedule for completion. The Health Officer shall make a narrative record of the hearing which shall be the basis for a proposed consent agreement listing the deficiencies, corrections needed and time schedule for completion. Refusal to attend an information hearing or sign a consent agreement may result in a notice to show cause pursuant to Section 8-7 of this Code.
8-19. Subarticle D. FORMAL HEARING.
Upon notice of suspension or revocation and a request by the license or permit holder, the Board shall schedule a formal hearing. The Board as a whole shall function as hearing officer. Testimony shall be offered by the Health Officer and Registered Environmental Health Specialist and by the license or permit holder and any employee. An attorney may be present to represent the license or permit holder. A verbal record shall be taken on tape.
8-20. Subarticle E. CONDITIONAL LICENSES.
The Board may issue a conditional license after a formal hearing or at the time a new license or renewal is sought. The conditional license shall be for a specified time period during which the license or permit holder shall meet the conditions set forth by the Board in a manner satisfactory to the Health Officer. Upon expiration of the conditional license, the license holder shall cease operations unless the Board has extended the conditional license, or granted a regular license or permit.
Chapter 9. MASSAGE THERAPIST.
ANALYSIS
Section
9-1. License required.
9-2 Definition.
9-3 Requirements for licensure.
9-1. License required.
No person shall be engaged or employed in the City as a massage therapist, for which any form of compensation is charged or accepted, without first having obtained a license from the Board to do so. The license, when issued, is personal and shall not be construed to grant a certificate of occupancy or approval for the use of any premises or location.
9-2. Definition.
Massage therapist, or massage technician, shall mean any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study at a school of massage, recognized and approved by the American Massage and Therapy Association, to wit: The art of body massage either by hands, or with a mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring; the use of oil rubs, heat lamps, salt glows, hot and cold packs, tub shower or cabinet baths. Variation of the following procedures may be employed: touch, stroking, friction, kneading, vibration, percussion and medical gymnastics. Massage therapists, or massage technicians, shall not diagnose or treat classified diseases, nor practice spinal or other joint manipulations, nor prescribe medicines or drugs.
9-3. Requirements for licensure.
No such license shall be issued to any person unless the applicant shall furnish to the Board:
(a) information regarding the location and hours of operation;
(b) a list of creams and oils used on the patrons; and
(c) documentary proof that he or she is eligible to hold an "Active Membership" in the American Massage and Therapy Association.
Chapter 10. NUISANCES.
ANALYSIS
Article 1. PROHIBITION OF SPECIFIED NUISANCES.
Section
10-1 Specified nuisances.
10-2 Prohibition.
Article 2. ABATEMENT OF NUISANCES.
Section
10-3 Notice to abate.
10-4 Abatement on public property.
10-5 Abatement by the Board of Health.
10-6 Recovery of Costs by the Board of Health.
Article 1. PROHIBITION OF SPECIFIED NUISANCES.
10-1. Specified nuisances.
The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this City:
(a) Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this City.
(b) Any matter, thing, condition or act which is or may become an annoyance, or interere with the comfort or general well-being of the inhabitants of this City.
(c) Pollution, or existence of a condition or conditions which cause or threaten pollution, of any waters in this City in such manner as to cause or threaten injury to any of the inhabitants of this City either in their health, comfort or property, including surface overflow or discharge of sewage.
(d) The escape into the open air from any stack, vent chimney or any entrance to the open air, or from any fire into the open air of such quantities of smoke, flyash, dust, fumes, vapors, mist, or gases as to cause injury, detriment, or annoyance to the inhabitants of this City or endanger their comfort, repose, health or safety.
(e) The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
(f) The growth, existence or presence of poison ivy within twenty feet of any property line.
(g) The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
(h) The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae of pupae breed or exist.
(i) Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
(j) Maintaining any vehicle used for hire, or for a public conveyance, in a dirty or unsanitary condition.
(k) Throwing or overflowing of any slops, stable drainage, liquid fill, or septic tank, cesspool or privy or portable toilets upon any public or private property.
10-2. Prohibition.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance as declared and described in this Code.
Article 2. ABATEMENT OF NUISANCES.
10-3. Notice to Abate.
Whenever a nuisance as declared by Article 1 of this Chapter is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified but not less than five (5) days from the date of service thereof, except in an emergency situation as determined by the Health Officer where immediate abatement is required. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place or posted on the premises.
If the owner resides out of the State or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof, or posted on the premises and such action shall be considered proper notification to the owner, tenant or occupant thereof.
10-4. Abatement on public property.
Whenever a nuisance as declared by Article 1 of this Chapter is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
10-5. Abatement by the Board of Health.
If the owner, tenant or occupant upon being notified as provided by this Article shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Board of Health shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the Board shall deem proper.
10-6. Recovery of costs by the Board of Health.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by Article 1 of this Chapter from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
Chapter 11. OCCUPATIONAL HEALTH.
NOTE: Occupational Safety and Health Administration (OSHA) has primary enforcement responsibility for occupational health. This Chapter of the Englewood Health Code supplements the OSHA regulations.
ANALYSIS
Section
11-1 Sanitation and housekeeping.
11-2 Humidity and air movement.
11-3 Illumination.
11-4 Overcrowding.
11-5 Personal and protective clothing and equipment.
11-6 Inspections and examinations; interference with officers.
11-7 Employer responsibility.
11-1. Sanitation and housekeeping.
(a) The sanitation and housekeeping at all places of employment shall be such as to promote a healthful environment. No unsanitary condition shall exist or be permitted to exist. All places of employment, passageways, stairs, floors, walls, locker rooms, ceilings, toilet rooms, service rooms and storerooms shall be kept clean and in a sanitary condition. Every factory building and every place of employment and every part thereof and the yard, court, cellar, passage, areaways or alleys connected with the same shall be kept clean and free of any accumulation of dirt, filth, garbage or other matter of any source of foulness or odors. The owner, agent, lessee or occupant of any factory building or place of employment or part thereof shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, sidewalks, ceilings and drains thereof and shall well and sufficiently paint the sidewalks and ceilings thereof.
(b) The floor of every workroom shall be maintained in a clean, orderly and, so far as possible, dry condition. When wet processes are used, suitable drainage shall be maintained and false floors, platforms, mats or other dry standing places shall be provided.
(c) Every floor, working place and passageway shall be kept free of protruding nails, splinters or holes and loose or defective boards and flooring.
(d) So far as practical, sweeping and cleaning shall be done outside of working hours and in such manner as to avoid the contamination of air with dust.
(e) Expectorating upon the walls, floors, workplaces or stairs or any other part of any establishment shall not be permitted.
(f) Use of the common drinking cup is prohibited. When and where single service cups are provided, such cups shall be of the disposable type, to be used but once, and there shall be provided a suitable enclosed container for unused cups and a receptacle for disposing of used cups. Where sanitary drinking fountains are provided, they shall meet the following requirements: The jet of drinking fountains shall issue from a nozzle of non-oxidizing, impervious material set at an angle from the vertical such as to prevent the return of water in the jet to the orifice from whence the jet issues. The nozzle and every other opening in the water pipe or conductor leading to the nozzle should be above the edge of the bowl, to prevent flooding in case of drain clogging.
(g) In all places of employment where employees are permitted to lunch on the premises, an adequate space suitable for that purpose shall be provided for the maximum number of employees who may use such space at any one time. A covered receptacle shall be provided and used for disposing of all waste food and debris. In every establishment where there is exposure to injurious dusts, industrial poison, toxic materials or other substances that may be injurious to health, a separate lunchroom shall be maintained unless it is convenient for the employees to lunch away from the premises.
11-2. Humidity and air movement.
Natural or mechanical ventilation shall be provided in all places of employment to insure a healthful and comfortable environment as regards humidity and air movement.
11-3. Illumination.
The quality and quantity of illumination in any place of employment shall be adequate to permit the performance of all necessary work in a safe manner and without injury to the eyes. The requirements for lighting any workplace or place of employment shall not be less than the minimum requirements specified by the American Standard Association in its Code of Lighting Factories, Mills and other Workplaces - A-11-1930, or the latest revision thereof.
11-4. Overcrowding.
All working areas and places of employment shall be kept free of overcrowding. To prevent such condition, there shall be provided for each and every employee in working areas, occupied areas and in places of employment, a minimum of four hundred cubic feet of air space.
11-5. Personal and protective clothing and equipment.
Workers in operations, processes or conditions of work which unduly expose them to dampness and wet environments, excessive heat, coldness, excessive noise, hazardous radiations, skin irritants or other health hazards shall be provided with proper protective clothing and other devices when such exposure may constitute an occupational health hazard and may result in an occupational disease or affliction.
11-6. Inspections and examinations; interference with officers.
The Health Officer shall make the inspections and examinations required by any law of this State, or by any code, ordinance or regulation, upon exhibiting his or her badge or credentials and all persons are hereby forbidden to interfere with or obstruct such inspection, examination or survey.
11-7. Employer responsibility.
Every employer shall comply with the various provisions of this Section pertaining to industrial health hazards and occupational health and shall maintain a healthful place of employment.
Chapter 12. PUBLIC PLACES AND PUBLIC LAVATORIES.
ANALYSIS
Article 1. PUBLIC PLACES.
Section
12-1 Maintenance, inspection.
Article 2. PUBLIC LAVATORIES.
Section
12-2 Public lavatories required.
12-3 Standards.
12-4 Prohibitions.
12-5 Standards and prohibitions applicable to all public lavatories.
Article 1. PUBLIC PLACES.
12-1. Maintenance, inspection.
The owner, tenant, manager and all other persons maintaining, operating or in charge or control of any public place shall at all times keep and maintain every such public place and all parts thereof in a clean and sanitary condition and open to inspection by the Health Officer.
Article 2. LAVATORIES.
12-2. Public lavatories required.
Every retail food establishment where food or beverage is sold or offered for sale to the public for consumption on the premises, and any camp or public recreation place or any other place of business where toilet facilities or water for drinking or culinary purposes are available for use of the public shall contain public lavatories.
12-3. Standards.
(a) Every public lavatory, except those retail food establishments with ten or less seats for on-premise consumption, shall have separate lavatory facilities for male and female patrons. Retail food establishments with ten or less seats for on-premise consumption may apply to the Health and Building Departments, as well as the Plumbing Inspector, for permission to provide a unisex lavatory.
(b) The applicant must receive written approval from the Health Department pursuant to the Plan Review (Section 13-7) of this Code), the Building Department and the Plumbing Inspector before construction or renovation of public lavatories begins.
(c) Every public lavatory shall contain the following:
(1) a self-closing door;
(2) at least one water closet and hand wash sink with an adequate supply of hot and cold running water under pressure;
(3) a sufficient quantity of toilet tissue;
(4) single service towels or an air dryer;
(5) a sanitary waste receptacle;
(6) a mechanical dispenser containing liquid or powdered soap of a type approved by the Health Officer;
(7) smooth, easily cleanable, non-absorbent and durable floor and wall surfaces.
(e) Every public lavatory shall be clearly marked on the exterior of the door whether it is for male or female patrons or is unisex (for both male and female patrons).
(f) A unisex public lavatory must be designed for the use of one person at a time and must have an interior locking device that displays on the exterior of the door that the facility is occupied when it is in use.
(g) Every facility required to have one or more public lavatories must provide handicap access pursuant to the Americans With Disabilities Act to every patron.
12-4. Prohibitions.
In all public lavatories there is prohibited:
(a) the use of cake soap in common;
(b) the use of towels in common; and
(c) the storage of cleansing agents containing poisonous ingredients.
12-5. Standards and prohibitions applicable to all public lavatories.
The standards and prohibitions applicable to public lavatories regulated in Section 12-2 shall apply to the public lavatories provided in any public place.
Chapter 13. RETAIL FOOD SERVICE ESTABLISHMENTS.
NOTE: Retail Food Service Establishments are regulated by Chapter 12 of the New Jersey State Sanitary Code entitled "Construction, Operation and Maintenance of Retail Food Establishment."
ANALYSIS
Article 1. LICENSES AND PERMITS FOR RETAIL FOOD
SERVICE ESTABLISHMENTS
Section
13-1 Licenses required.
13-2 Application procedure.
13-3 Inspection required.
13-4 Hazards to public health, correction action.
Article 2. STANDARDS AND MAINTENANCE.
Section
13-5 Food service equipment and floors.
13-6 Maintenance of premises and Code compliance.
Article 3. PLAN REVIEW FOR NEW OR REMODELED
RETAIL FOOD ESTABLISHMENTS.
Section
13-7 Plan review required.
13-8 Inspection required.
13-9 Opening approval.
Article 4. RETAIL FOOD SERVICE MANAGER CERTIFICATION.
Section
13-10 Policy statement.
13-11 Certification program.
13-12 Certification requirements.
13-13 Certification procedures.
13-14 Certified managers.
13-15 Training of food service managers.
Article 5. RULES AND REGULATIONS.
Section
13-16 Rules and regulations established.
13-17 Copies in file.
Article 1. LICENSES AND PERMITS FOR RETAIL FOOD
SERVICE ESTABLISHMENTS
13-1. Licenses required.
It shall be unlawful for any person to operate a retail food service establishment within the City of Englewood who does not possess a valid license issued by the Board.
Only a person who complies with the requirements of the Code shall be entitled to receive and retain such a license. Licenses shall not be transferable from one person or place to another person or place. A valid license shall be posted in every retail food service establishment. Licenses for temporary retail food establishments shall be issued for a single location and a period of time not to exceed seven (7) days within any month except at the discretion of the Board.
13-2. Application procedure.
Any person desiring to operate a retail food service establishment shall make written application for a license on forms provided by the Health Department. Such applications shall include: the applicant's full name and post office address and whether such applicant is an individual, firm or corporation, and, if a partnership, the names of the partners, together with their addresses, shall be included; the location and type of the proposed retail food service establishment; and the signature of the applicant or applicants. If the application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operation.
13-3. Inspection required.
Upon receipt of an application pursuant to this article, the Health Officer shall make an inspection of the retail food service establishment to determine the compliance with the provisions of the Code and Chapter 12 of the New Jersey State Sanitary Code. When an inspection reveals that the applicable requirements of the Code and the State Sanitary Code have been met, a license shall be issued to the applicant by the Board.
13-4. Hazards to public health, corrective action.
Notwithstanding the other provisions of this Code whenever the Health Officer finds unsanitary or other conditions in the operation of a retail food service establishment which, in the Health Officer's judgment, constitutes a substantial hazard to the public health, the Health Officer may, without warning, notice or hearing, issue a written notice to the license holder or operator citing such condition, specifying the corrective action to be taken, and specifying a time period within which such action shall be taken; and, if deemed necessary, such order shall state that the license is immediately suspended, and all food service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Officer, shall be afforded a hearing pursuant to Chapter 8 of this Code.
Article 2. EQUIPMENT AND FLOOR STANDARDS.
13-5 Food service equipment and Floors.
13-5.1 Food Service Equipment.
Equipment to be installed in new or remodeled establishments and replacement equipment for existing retail food establishments shall comply with design standards established by the National Sanitation Foundation.
13-5.2 Floors
Floors in retail food service establishments shall be constructed or covered with cleanabl
13-6 Maintenance of premises and Code compliance.
13-6.1 Maintenance of premises
(a) Food service establishment premises shall be maintained in a clean and safe condition and shall be free from standing water.
(b) The premises shall be maintained so as to eliminate and prevent rodent and insect harborage. All doors leading to the outside are required to be closed or fitted with a self-closing device. They may, however, be fitted with a self-closing door screening of not less than 16 mesh between April 15 and October 15.
(c) Roofs, exterior walls, doors, skylights and windows shall be sound, in good repair and maintained in a clean condition.
(e) All plumbing fixtures and water and waste pipes shall be properly installed and maintained in good working condition. Each water heater shall be equipped with a thermostatic temperature control and a pressure relief valve, both of which shall be in good working condition.
13-6.2 Code compliance
Every retail food service establishment shall be in compliance with all applicable building, plumbing and fire safety requirements.
Article 3. PLAN REVIEW FOR NEW OR REMODELED
RETAIL FOOD SERVICE ESTABLISHMENTS.
13-7. Plan review required.
Whenever a retail food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a retail food service establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the Board of Health for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas and the type or model of proposed fixed equipment, garbage and refuse disposal, lighting, ventilation and storage facilities. The Board of Health shall approve the plans and specifications if they meet the requirements of all applicable State and local health codes and regulations. No retail food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Board of Health.
13-8. Inspection required.
Whenever plans and specifications are required by this Article to be submitted to the Board of Health, the Health Officer shall inspect the retail food service establishment prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this Code.
13-9. Opening approval.
Whenever plans and specifications are required by this Article and the required inspection is satisfactory, the Board of Health shall issue a written opening approval statement which shall validate the license heretofore required.
Article 4. RETAIL FOOD SERVICE MANAGER CERTIFICATION.
13-10. Policy Statement.
Food service to the public provides opportunity for transmission of food-borne illnesses. Therefore, controls have been established to minimize health risks, to assure service of wholesome foods, and to meet consumer expectations. Since managers of retail food service establishments are most influential in the conduct of daily food service operations and have relatively stable employment patterns, it is desirable and necessary for retail food service establishments to employ certified food service managers.
13-11. Certification program.
The Health Officer shall approve a public education course for food service manager certification or shall conduct a program of food service manager certification, re-certification, training, examination, and evaluation of food service managers. The Health Office shall also grant reciprocity to other manager training courses determined to be equivalent to the Department's course. In addition, the Health Officer shall provide for revocation or suspension of certification; and shall otherwise implement these code requirements.
13-12. Certification requirements.
(a) Every retail food establishment within the city of Englewood shall have at least one Certified Food Service Manager, meeting requirements set fort in Article 4 of the Health Code in the City of Englewood, physically on its premises at all times during operation. Certification must be obtained within six (6) months of issuance of Certificate of Occupancy. The Board of Health may exempt categories of retail food service establishments from the certification requirement if the Board determines that such exemption will not jeopardize the public health.
(b) Establishments shall notify the Health Officer within ten (10) days when the certified manager's employment is terminated and, at the same time, shall indicate what measures are being taken to comply with this Article.
(c) Persons to be employed as, or promoted to, retail food service establishment manager shall be certified prior to employment or promotion, or the establishment owner or owner's representative must register said person for participation in the next available training course.
(d) A certificate issued by the Department shall be valid for 36 months from the date of issue unless it is revoked or suspended by the Board. Certified retail food service establishment managers shall be re-certified prior to expiration of the valid certificate.
13-13. Certification procedures.
(a) Responsibilities:
(1) Maintain retail food service establishment to comply with Chapter 12 of the New Jersey State Sanitary Code.
(2) Train all retail food service establishment personnel in the principles and practices of food service sanitation as they apply to individual employee's work assignments.
(3) Conduct a minimum of one self-inspection of the retail food service establishment every three (3) months. The findings of the self-inspection shall be recorded on forms provided by the Health Officer, and retained at the establishment for a minimum of one (1) year. Said reports shall also be made available for review by the Health Officer or a Registered Environmental Health Specialist upon request.
(4) Upon the completion of each self-inspection, the certified retail food service establishment manager shall initiate improvements needed to the extent of his or her authority, and shall bring the remaining deficiencies and suggestions for their correction to the owner's attention at the earliest possible occasion.
(5) The certified retail food service establishment manager shall be responsible for communications with representatives of the Department.
(6) The certified retail food service establishment manager shall promptly notify the Health Officer of known or suspected food borne illnesses of employees or customers immediately and in no event more than 48 hours after the first knowledge of the illness.
(b) Effectiveness:
(1) The effectiveness of certified retail food service establishment managers in carrying out their responsibilities shall be evaluated by the Department. This evaluation may include a review of Chapter 12 inspection reports, a review of self-inspection records, and determination of food sanitation knowledge of employees as may be made by periodic oral or written quizzes or observations of work performance.
(2) If the certified retail food service establishment manager has not demonstrated satisfactory performance of the enumerated responsibilities, the department may counsel said manager, advise the establishment owner, or initiate proceedings to suspend or revoke the manager's certificate. If the certificate is revoked, the manager's name and related information shall be removed from the Register of Certified Food Service Managers.
(c) Register:
(1) The department shall maintain a Register of Certified Food Service Managers who have been issued certificates by the Health Officer. The initial register may contain names of food service managers who have applied for certification.
(2) The Register shall contain information the Health Officer deems necessary, including the name and certificate number, the establishment of employment, the date of certificate expiration, and the name of the approved training course if applicable.
(3) Initial Register: within sixty (60) days of adoption of these rules, each retail food establishment shall submit to the department a completed application for at least one food service manager employed at that establishment.
(4) The department shall keep the Register current by addition and deletion of names of managers or by revising information on status of managers' employment or training.
(5) The Register shall be available for review at the main office of the Department.
13-15. Training of food service managers.
(a) Training program:
The Department's Retail Food Service Managers' Training Program shall be developed by the Health Officer, consistent with this Article. The training program shall include, but shall not be limited to, topics such as employee health and personal hygiene, food borne diseases and poisonings, etiologic agents, safe food handling principles and procedures, cleaning and sanitizing, vermin control, employee training techniques, self-inspection procedures, and responsibilities of a Certified Retain Food Service Establishment Manager.
(b) Training program procedures:
An applicant for the Training Course shall submit a completed application form within thirty (30) days after appointment as a retail food service establishment manager except that where there are food borne disease outbreaks or after an informal or formal hearing, a manager shall submit a completed application within 72 hours after notification by the Health Officer that he or she must attend the training course.
(c) Examinations:
(1) Examinations for the training course shall be prepared by the Department.
(2) The minimum passing grade shall be established by the Health Officer. The standard shall include, but not be limited to, an evaluation of the information contained on the application, evaluation of attendance and participation in the training classes, and an evaluation of the written examination or examinations.
(3) Applicants who fail to pass the initial examination may repeat the examination once. Applicants who fail to pass the second examination shall be required to repeat the training program.
(1) Notwithstanding the requirements of other provisions of New Jersey State Law and Administrative Regulations, food service establishments shall require the use of tongs, forks, spoons, picks, spatulas, scoops, disposable gloves and other suitable utensils and shall be provided and shall be used by employees to reduce manual contact with food to a minimum.
(2) Employees engaged in the preparation of food, and other persons who may come in contact with these operations, shall use effective, sanitary hair coverings, such as a hat, cap or hair net, as effective hair restraints, to prevent the contamination of food. Service personnel shall take steps necessary to keep their hair from the food and food contact premises.
Article 5. RULES AND REGULATIONS.
13-16. Rules and regulations established.
Rules and regulations are hereby established pursuant to Section 1-9 of this Code to govern the following retail food service establishment systems:
(a) hot water generating systems;
(b) mobile food service units;
(c) ventilation systems.
13-17. Copies on file.
Three copies of the rules and regulations established in Section 13-16 have been placed on file in the office of the Secretary to the Board of Health for the use or and examination by the public.
Chapter 14. SEPTIC TANKS, CESSPOOLS, PRIVIES AND
PORTABLE TOILETS.
ANALYSIS
Article 1. SEPTIC TANKS, CESSPOOLS, PRIVIES.
Section
14-1 Construction prohibited.
14-2 Abandoned septic tanks, cesspools or privies.
Article 2. PORTABLE TOILETS.
Section
14-3 Permit required.
14-4 Location.
14-5 Design requirements.
Article 3. GENERAL PROVISIONS.
Section
14-6 Nuisance.
14-7 Emptying septic tanks, privies, cesspools or portable toilets.
14-8 Receptacles for human waste.
Article 1. SEPTIC TANKS, CESSPOOLS, PRIVIES.
14-1. Construction prohibited.
No person shall construct or install a cesspool, septic tank or privy in the City of Englewood.
14-2. Abandoned or dangerous septic tanks, cesspools or privies.
Whenever any premise contains a septic tank, cesspool, or privy which is abandoned or which the Department determines is in a dangerous condition, the same shall, upon notification to the owner thereof, be promptly pumped out and filled with clean earth by the owner or agent at the owner's expense.
Article 2. PORTABLE TOILETS.
14-3. Permit required.
No person, firm or corporation shall hereafter place or install a portable toilet in the City without first obtaining a permit from the Department to do so. Said applicant shall provide the following information as part of the permit application procedures:
(a) owner of portable toilets
(b) dates during which toilets are to be provided
(c) proposed location of toilets
(d) emptying and maintenance procedures.
14-4. Location.
No portable toilet shall be located within 200 fee of any commercial food service operation or any surface waterway.
14-5. Design requirements.
Portable toilets shall have watertight completely closed tanks for storage of wastes, shall be fly-proof, shall be adequately vented and shall be provided with cleanable seats.
Article 3. GENERAL PROVISIONS.
14-6. Nuisance.
No person shall maintain a septic tank, cesspool, privy or portable toilet which creates a nuisance as a result of overflow, lack of absorption, or faulty design or construction.
14-7. Emptying septic tanks, privies, cesspools or portable toilets.
Every person, firm or corporation engaged in the business of cleaning or emptying septic tanks, privies, cesspools, or portable toilets shall use, in such instances, a suitable vehicle properly provided with water-tight, completely closed tanks or boxes, designed to prevent leakage onto the street or highways within the City and further designed to prevent the escape of offensive odors into the atmosphere.
14-8. Receptacles for human waste.
No person shall maintain, use or permit to be used, any receptacle for human waste, unless such receptacle is so constructed and maintained that flies cannot gain access to the excremental matter contained therein, and unless such wastes shall, at all times, be prevented from flowing over or upon the surface of the ground.
Chapter 15. SWIMMING POOLS.
ANALYSIS
Article 1. DEFINITIONS.
Section
15-1 Definitions.
Article 2. ADMINISTRATION.
Section
15-2 Approval to locate and construct or alter.
15-3 Procedure for obtaining approval to locate and construct.
15-4 Procedure for obtaining a license or permit to alter.
15-5 Proposed design or construction not conforming to Code.
15-6 Existing swimming pools.
15-7 Approval to operate.
15-8 Procedure for obtaining license or permit to operate.
15-9 Denial of license or permit.
15-10 Suspension of license or permit to operate.
15-11 Closing of swimming pools, procedure.
15-12 Suspension notification.
15-13 Hearings.
15-14 Monthly operating reports.
15-15 Opening inspections required.
Article 3. DEFINITIONS.
Section
15-16 Rules and Regulations.
Article 1. DEFINITIONS.
15-1. Definitions.
The words, terms or phrases listed below for the purpose of this Code and Chapter shall be defined and interpreted as follows:
(a) Alter - Alter shall mean and include any major replacement or repair to any portion or unit of an existing swimming pool.
(b) Authorized Agent - An authorized agent is a licensed health officer, Registered Environmental Health Specialist, or any other properly qualified and licensed person who is delegated to function within specified limits as the agent of the Board of Health.
(c) Approved - Approved shall mean accepted or acceptable under applicable specifications stated or cited in the Code, or accepted as suitable for the proposed use under Rules and Regulations pursuant to Section 15-16.
(d) Construct - Construct shall mean and include building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
(e) Locate - Locate shall mean designating the site or place of a swimming pool.
(f) Operate - Operate shall mean to conduct, maintain or otherwise provide facilities for bathing at swimmint pools.
(g) Person - Person includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals.
(h) Swimming Pool - Swimming Pool shall mean and include fill and draw, flow through and re-circulation pools, outdoor and indoor, which are artificially constructed to provide recreational facilities for swimming, bathing or wading, including spas and whirlpools, and all buildings, equipment and appurtenances thereto.
It shall not include naturally or artificially constructed outdoor ponds, rivers or lakes, or baths used for cleansing of the body or practice of the healing arts. It shall not include swimming or wading pools established or maintained upon any premises by any individual for personal or family use or use by guests of the household.
(i) Wading Pool - A wading pool is a shallow pool intended for use by children.
Article 2. ADMINISTRATION.
15-2. Approval to locate and construct or alter.
Swimming pools shall not be located and constructed or altered by any person until the Health Department has given formal plan approval.
15-3. Procedure for obtaining approval to locate and construct.
Licenses or permits shall not be issued until the Health Department has received and approved a letter of application therefor, together with letters of approval from the planning and zoning agencies, and final plans, specifications and reports prepared by a licensed professional engineer or registered architect fully describing and setting forth all data as hereinafter required or as may otherwise be required by the Board of Health or its authorized agent.
(a) Plans, specifications and reports shall include but not be limited to:
(1) Proposed site of the pool.
(2) Nature and extent of the area to be served by the pool including type of pool (general public, club, instructional, camp, etc.) and estimated daily patronage and method of estimation.
(3) Basic design factors, including pool use and capacities of various units; source, volume, and nature of various wastes and method of disposal.
(4) Pool layout, construction and dimensions, including piping arrangement, pumps, bathhouses, toilet facilities and all other pool appurtenances, including recreational facilities.
(5) Disposal facilities for filter waste waters, sanitary sewage and shower wastes if a municipal sewer is not available or if a municipal sanitary sewer is available, the details of connection thereto.
(6) Proposed operation and maintenance procedure.
(7) Proposed supervisory personnel and safety equipment.
(8) Well construction if public water supply is not available.
(9) Specifications for construction of the swimming pool shall accompany all detail plans and reports.
(b) Upon compliance with all provisions of this Code and approval of the final plans, specifications, and report, together with the data contained therein, a license or permit shall be issued for the facility.
15-4. Procedure for obtaining a license or permit to alter.
(a) Approval to alter a swimming pool shall not be issued until the Health Department has received a letter of application therefor, together with such plans, specifications or reports as may be requested by the Board of Health to fully describe the proposed alteration.
(b) Upon compliance with all applicable provisions of this Code and approval of the requested alteration or proposal, a license or permit shall be issued.
15-5. Proposed design or construction not conforming to Code.
Proposed design or construction features of a pool differing from the provisions of this Code may be approved upon submission of evidence to the satisfaction of the Board of Health that public health or safety would not be affected by such design or construction.
15-6. Existing swimming pools.
Section 15-3 of this Code relating to location and construction shall not apply to swimming pools in existence at the time of its adoption, except that any alterations of any unit or units of such swimming pool shall be made in accordance with the applicable provisions of this Code. The provisions for enclosure in the Rules and Regulations shall apply to all pools.
15-7. Approval to operate.
Swimming pools shall not be operated by any person until the Health Department has given formal approval therefor by issuance of an appropriate license or permit. This license or permit shall be displayed in a conspicuous place on the premises where it may be readily observed by all patrons. No person shall operate a pool whose license therefor is suspended.
15-8. Procedure for obtaining license or permit to operate.
Licenses or permits to operate a swimming pool shall not be issued until a properly executed application containing information as requested on a form supplied by the Health Department has been submitted and approved by the Board.
15-9. Denial of license or permit.
Persons denied a license or permit shall be notified in writing accordingly by the Health Department. Such notice shall specify the reason for such action and the remedial action necessary to obtain approval for issuance of a license or permit.
15-10. Suspension of License or permit to operate.
The license or permit of any person to operate a swimming pool may be suspended at any time when in the opinion of the Health Department or its authorized agent such action is necessary to abate a present or threatened menace to public health.
The Health Officer may order the owner or operator of a swimming pool to prohibit any person from using it until correction for any of these reasons:
(a) Failure of the swimming pool equipment, structure, area or enclosure such as to jeopardize the health or safety of the persons using or operating it.
(b) Lack of properly functioning equipment or proper material for re-circulating, treating or testing the swimming pool water.
(c) Lack of required supervisory personnel or required lifeguards.
(d) Presence of a pollutant or of a hazardous object or substance in the swimming pool.
(e) Failure to meet a water quality standard.
(f) Failure to possess a valid license to operate.
(g) Any other reason which poses an immediate health hazards.
15-11. Closing of swimming pools; procedure.
(a) When the Health Officer orders closing of a swimming pool, he shall issue a written order to the swimming pool owner or operator or his representative, stating that the swimming pool is to be closed immediately and specifying corrective action to be taken. The order shall be served upon the owner, representative or a person in charge of the swimming pool. The person on whom the order is served shall close the swimming pool immediately and shall prohibit any person from using it.
(b) After the specified corrective action has been taken, the owner or operator or his representative shall notify the Health Officer that the swimming pool is ready for re-inspection.
(c) If upon re-inspection the corrective action is approved, the swimming pool may be opened for use.
(d) If upon re-inspection the corrective action is not approved, the swimming pool shall e kept closed and out of use until corrective action is approved.
15-12. Suspension notification.
The person whose license or permit has been suspended or his representative in charge of the pool shall, at the time such license is suspended, be informed in writing that the license or permit to operate the Pool is suspended, the reason for such action and the remedial action to be taken before the suspension may be lifted.
15-13. Hearings.
Persons whose licenses or permits have been denied or suspended shall be afforded hearings pursuant to Chapter 8 of this Code.
15-14. Monthly operating reports.
Reports of pool operation shall be submitted to the Health Department or its authorized agent within ten (10) days after the last day of the preceding month upon report forms furnished by the Health Officer.
15-15. Opening inspections required.
No pool shall open to the public until written opening approval has been issued by the Health Department. Seasonally operated swimming pools shall be inspected each spring, prior to opening, to assure compliance with the provisions of this Code.
Article 3. RULES AND REGULATIONS.
15-16. Rules and regulations.
Rules and Regulations Governing the Construction, Maintenance and Operation of Swimming Pools are hereby established pursuant to Section 1-9 of this Code. A copy of said rules and regulations is annexed hereto and made a part hereof without the inclusion of the test thereof herein. Three copies of the said rules and regulations have been placed on file in the office of the Secretary of the Board of Health for the use and examination of the public.
Chapter 16. TANNING SALONS.
ANALYSIS
Section
16-1 License required.
16-2 Standards required for licensure.
16-1. License Required.
No person shall establish, maintain or operate a tanning salon in the City without first having obtained from the Board a valid license to do so.
16-2. Standards required for licensure.
No such license shall be issued to any person unless facilities comply with the following standards:
(a) Each tanning booth shall have a prominently displayed warning that states: "DANGER - Ultraviolet Radiation. Follow Instructions. As with natural sunlight, over-exposure can cause injury and sunburn; repeated exposure may cause premature aging of the skin and skin cancer. Medications or cosmetics applied to the skin may increase over-sensitivity to ultraviolet light, as may a family history of skin problems, allergy to sunlight, or a person's tendency to get cold sores. Consult a physician before using booth if taking any medication or if you believe yourself sensitive to sunlight."
(b) Each booth shall be provided with physical aids such as handrails or floor markings to assure the user is kept at the proper exposure distance.
(c) Timers used to control exposure duration shall have a minimum accuracy of ± 10%.
(d) Users shall, on each visit, be provided, free of charge, with sanitary eyewear that will protect eyes from ultraviolet radiation and allow adequate vision necessary to maintain balance or to effect quick, safe exit from booth.
(e) Tanning booths shall, at all times, maintain an ambient temperature of 100F (38C) or less.
(f) Electrical hazards in the booths shall be minimized, and all electrical work shall conform to applicable electrical codes and standards.
(g) Booth design and construction shall be adequate to resist collapse due to the impact of a falling person.
(h) Ultraviolet lamps shall be protected with physical barriers such as heavy wire grids, ultraviolet transmitting plastics, or the like, sturdy enough to withstand the impact of a falling person.
(i) Tanning booth access doors shall be designed to facilitate rapid entrance into or exit from said booths. Doors shall open outwardly and be free of locks or latches.
(j) Each salon shall have on file with the Department a written certification from a Board eligible or certified dermatologist stating that the "exposure determination" methods used at that facility are safe, adequate and in keeping with acceptable medical practice.
Chapter 17. VENDING MACHINES.
ANALYSIS.
Section
17-1 Adoption by reference.
17-2 Title.
17-3 Copies on file.
17-1. Adoption by reference.
A code regulating the use, operation and maintenance of food and beverage vending machines and licensure thereof; prohibiting the sale or possession with intent to sell through vending machines of adulterated or misbranded foods or drinks; authorizing inspection of vending machines and operations connected therewith; and fixing penalties for violations is hereby established pursuant to Revised Statutes 26:3-69.1 to 69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the test thereof herein.
17-2. Title.
The said code established and adopted by this ordinance is described and commonly known as the "Food and Beverage Vending Machine Code of New Jersey (1961)."
17-3. Copies on file.
Three copies of the said "Food and Beverage Vending Machine Code of New Jersey (1961)" have been placed on file in the office of the Secretary of the Englewood Board of Health for the use and examination of the public.
Chapter 18. VIOLATIONS AND PENALTIES
NOTE: See N.J.S.A. 26:3-70 et seq entitled "Article Five. Penalties for Violations of Health Ordinance or Code; Recovery" for jurisdiction of the municipal court and powers of the Board of Health to prescribe penalties.
ANALYSIS
Section
18-1 Violation and penalties.
18-2 Separate violation for each day.
18-3 Greater penalty provided by a New Jersey statute.
18-4 Lesser penalty provided by a New Jersey statute.
18-5 Unlawful acts prohibited.
18-1. Violations and penalties.
Except as otherwise provided in this code, any person who shall:
(a) do or commit any act prohibited by the terms of this code; or
(b) do or commit any act for which a license or permit is required, without having secured and being in possession of a valid license or permit at the time of the doing or commission thereof; or
(c) omit to do or perform any act required by that person to be so done or performed by this code; or
(d) maintain any place, establishment, vehicle, conveyance, equipment or article in violation of any of the provisions of this code; or
(e) violate any of the provisions of any of the several chapters or sections of this code; or
(f) fail to maintain any condition, equipment or facility required by this code to be maintained; or
(g) fail to install any article of a particular type, kind, quality or specification where such installation is required by this code; or
(h) in any manner, by deed, act, act of commission, or act of omission, violate any one or more of the provisions of this code or of applicable state statutes, codes or regulations;
Shall, upon conviction thereof, or upon conviction of any violation of the provisions thereof, be subject to a penalty of not more than $55 and not less than $25.
18-2. Separate violation for each day.
Each day that a violation of this code or of any of the applicable state statutes, codes or regulations is allowed to exist shall constitute a separate violation or offense and shall be subject to the penalty as prescribed in Section 18-1 of this Code.
18-3. Greater penalty provided by a New Jersey statute.
In the event that any violation of this code shall also be a violation of a New Jersey State law, for which a greater penalty or judgment is provided than that contained in this code, the judge of the Englewood Municipal Court or the trial judge before whom any complaint is brought, based upon such violation, shall in his or her discretion, have the right to impose, in the place and in lieu of any penalty provided for herein, that so provided for in the New Jersey State law which has been so violated.
18-4. Lesser penalty provided by a New Jersey statute.
If any penalty herein provided shall exceed or be greater than that provided by any law of the State of New Jersey for the violation of which such penalty is imposed herein, the maximum penalty for such violation shall be the maximum permitted by such law of the State of New Jersey as may be applicable thereto.
18-5. Unlawful acts prohibited.
Every act or omission designated as being unlawful in this code or applicable state statutes, codes or regulations is hereby prohibited and every act therein expressly prohibited is hereby designated as being unlawful.
INDEX
Adoption by Reference
Vending machines, 17-1 et seq.
Air Pollution
Asbestos surface coatings, 3-10, 3-11
Construction; severability, 3-1
Definitions, 3-3
Generally, Chapter 3
Inspections, 3-12
Penalties, 3-15
Policy statement, 3-2
Prohibitions; air pollution, open burning
and smoke, 3-4 et seq.
Right of entry, 3-13
Search warrant, 3-14
Standards and regulations, 3-7 et seq.
Title, 3-1
Amendments
to Code, 1-10
Animals
Bees, 4-9
Farm animals, 4-1
Fowl, 4-2
Generally, Chapter 4
Small animals, 4-3 et seq.
Bees
See Animals
Board of Health
Abatement of nuisances, 10-4, 10-5
Administration, 2-1 et seq.
Amendments, Code, 1-10
Appointments, 2-3
Counsel, 2-11
Definition, 1-4
Director of Health Services, 2-3, 2-8
Food, and beverage vending machines,
adoption by reference, 17-1 et seq.
Generally, Chapter 2
See Hearings
Licensing,
Conditional license, 8-20
Formal hearings, 8-19
Generally, Chapter 8
Retail food service establishments,
13-1
Revocation, 8-12 et seq.
Suspension, 8-7 et seq.
Tanning salons, 16-1
Officers, 2-5 et seq.
President, 2-5
Registrar of Vital Statistics, 2-3, 2-10
Resolutions to suspend, 1-11
Retail food service establishments,
license, 13-1
See Rules and regulations
Registered Environmental Health Specialist, 2-3, 2-12
Secretary, 2-3, 2-7
Vice President, 2-6
Cesspools
Abandoned, 14-2
Emptying, 14-7
Nuisance, 14-6
Prohibited, 14-1
Child Care Facilities
Definitions, 5-1
Standards, 5-2 et seq.
Diapering, 5-15
Equipment, 5-5
Food service, 5-7
Food service sanitation, 5-8
Generally, Chapter 5
Licensed by DYFS, 5-3
Location, building standards,
5-16 et, 5-23 et seq.
Code compliance, 5-24
Garbage and refuse, 3-22
Heating, 5-17
Leaded paint, 5-25
Lighting, ventilation, screens,
5-18
Maintenance of premises, 5-23
Sewage disposal, 5-21
Toilets and washbasins, 5-20
Water supply, 5-19
Records and reports, 5-10 et seq.
Child information, 5-10, 5-12
Emergency medical care
permission, 5-12
Health of personnel, 5-11
Immunization, 5-12
Medication, 5-12
Sleep equipment, 5-6
Space requirements, 5-14
Staff, number of, 5-4
Swimming and wading, 5-9
Telephone availability, 5-13
Conflicts of Law
State or federal, 1-2
Violations and penalties, 18-3 et seq.
Construction and interpretation
Air pollution, 3-16
Rules of construction, 1-3
Definitions
Air pollution, 3-3
Child care, 5-1
General, 1-4
Massage therapists, 9-2
Swimming pools, 15-1
Employees
See Personnel
Entry
Air pollution, right of, 3-13
Fees
Generally, Chapter 6
Not specified, 6-3
Schedule, 6-2
Fines
See Violations and penalties
Food and beverages
See Retail food service establishments
definition, 1-4
Food Handler's Certification
See Retail food service establishments
Fowl
See Animals
General Provisions
Generally, Chapter 1
Health Officer
Agent of the Board, 2-9
Air pollution regulation, 3-8, 3-9,
3-11 et seq.
Appointment, 2-3
Child care facilities, illness or death
reported to, 5-10
Inspections,
Air pollution, 3-12
Occupational health, 11-6
Public places, 12-1
Retail food service establishments,
13-3, 13-8
Right to make, 2-13, 3-12
Swimming pools, 15-11
Licenses,
Conditional license, 8-20
Formal hearings, testimony by, 8-19
Informal hearings, 8-18
Revocation, 8-13, 8-15
Suspension, 8-7, 8-8, 8-11
Nuisances, abatement, 103
Retail food service establishments,
Hazards, to public health, 13-4
Inspections, 13-3
Manager certification, 13-11 et seq.
Plan review, 13-7 et seq.
Supervise Registered Environmental Health Specialists, 2-12
Swimming pools
Authorized agent, 15-1, 15-3
Child care, 5-9
Violations reported to, 2-13
Hearings
Formal, 8-19
Informal, 8-18
Retail food service establishments, 13-4
Swimming pools, 15-13
Inspections
Air pollution, 3-12
Occupational health, 11-6
Public places, 12-1
Retail food service establishments,
13-3, 13-8
Right of employees to make, 2-13, 3-12
Swimming pools, 15-11, 15-15
Kennel, non-commercial
In general, 4-3 et seq.
Lavatories, Public
In general, 12-2 et seq.
Lead Paint
Child care facilities, 5-25
Generally, Chapter 7
Licenses, permits
Conditional licenses, 8-20
Definition, 104
Display required, 8-6
Generally, Chapter 8
Hearings, 8-13 et seq.
Massage therapist, 9-1, 9-3
Portable toilets, 14-3
Retail food service establishments,
13-1 et seq.
Revocation, 8-12
Suspension, 8-7 et seq., 15-10 et seq.
Swimming pools, 15-2 et seq.
Tanning salons, 16-1
Massage Therapist
Definition, 9-2
Generally, Chapter 9
License required, 9-1
License requirements, 9-3
Nuisances
Abatement, 10-3 et seq.
Animals, 4-4
Definition, 1-4
Generally, Chapter 10
Recovery of costs, 10-6
Septic tank, cesspool, privy or
portable toilet, 14-6
Specified, 10-1
Occupational Health
Employer responsibility, 11-7
Generally, Chapter 11
Inspections, 11-6
Ordinances
Repeal, effect, 1-7
Severability, 1-8, 3-16
Personnel
Appointments, 2-3
Counsel, 2-11
Director of Health Services, 2-8
Health Officer, 2-9
Registrar of Vital Statistics, 2-10
Salaries, 2-4
Registered Environmental Health Specialist, 2-12
Secretary, 2-7
Plan Review and Approval
Retail food service establishments,
13-7 et seq.
Swimming pools, 15-2, 15-3
Portable Toilets
In general, 14-3 et seq.
Posting of Premises
Public health hazard, 1-12
Privies
In general, 14-1, 14-2, 14-6, 14-7
Public lavatories
See Lavatories, public
Public Places
In general, 12-1, 12-5
Registrar of Vital Statistics
See Board of Health
Retail Food Service Establishment Manager's Certification
In general, 13-10 et seq.
Register, 13-14
Retail Food Service Establishments
Approval, opening, 13-9
Definition, 1-4
Equipment and floor standards,
13-5 et seq.
Generally, Chapter 13
Inspections, 13-3, 13-18
Licenses, 13-1 et seq.
Manager's certification, 13-10 et seq.
Plan review, 13-7 et seq.
Rules and regulations, 13-16, 13-17
Vending machines, 17-1 et seq.
Rules and Regulations
Adoption, 1-9
Definition, 1-4
Hot water, 13-16, 13-17
Mobile food service, 13-16, 13-17
Swimming pools, 15-16
Ventilation system, 13-16, 13-17
Registered Environmental Health Specialists
See Board of Health
Septic Tanks
In general, 14-1, 14-2, 14-6, 14-7
Severability
Air pollution, 3-16
In general, 1-8
Small Animals
In general, 4-3 et seq.
Swimming pools
Authorized agent, 15-1, 15-3
Child care, 5-9
Closing of pool, 15-11
Definition, 15-1
Generally, Chapter 15
Inspections, 15-15
Licensing, 15-3, 15-4, 15-7 et seq.
Operating reports, 15-14
Plan approval, 15-2 et seq.
Rules and regulations, 15-16
Suspension of license, 15-10, 15-12,
15-13
Tanning Salons
Generally, Chapter 16
License required, 16-1, 16-2
Standards, 16-2
Vending Machines
Generally, Chapter 17
Violations and Penalties
Amount of penalty, 18-1, 18-3, 18-4
Generally, Chapter 18
Separate violations, 18-2
Warrants
Air pollution, 3-14
