The provisions of this chapter shall be deemed to be supplemental to
the provisions of the statute with respect to health and vital statistics,
N.J.S.A. 26:3-1 to 26:10-18, and the State Sanitary Code, as established,
enacted and revised by the Public Health Council of the State of New Jersey,
including any changes or additions which may have been or which may be enacted
hereafter.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section. Other definitions
incorporated herein are found in N.J.A.C. 8:24-1.3.
Includes any place wherein the business of shaving, trimming, cutting,
shampooing, dressing or the removal of human hair is conducted for fee, charge
or hire.
Includes any place wherein the business of beautifying the human
hair, face, scalp, hands or skin is conducted for fee, charge or hire; and
in addition shall mean any place wherein the business of cleansing, stimulating,
exercising or similar work upon the scalp, face, arms, hands, neck or body
with the hands or by the use of mechanical or electrical appliances, with
or without cosmetic preparations, is conducted for fee, charge or hire.
Any dwelling or building where one or more children under the age
of 18 years are housed without the presence of their parents or legal guardians.
The Board of Health of the Borough of New Providence.
Placing a mark or design on the skin with a hot iron.
Piercing the skin for the express intention of insertion of any object,
including but not limited to jewelry; provided, however, that the piercing
of the lobes of the ears shall be specifically excluded from the purview of
this chapter.
The Borough of New Providence.
Any person who is a bearer or transmitter of communicable disease
germs without manifest symptoms and is himself or herself immune to the disease.
Written approval from the County Health Officer or authorized representative
that any establishment has been inspected and meets all terms of this chapter.
The certificate held by an operator upon registration with the New
Providence Board of Health by meeting the required provisions of this chapter.
A document issued by a sponsoring organization to a family day-care
provider, acknowledging that the provider is in compliance with all applicable
provisions of this chapter.
Any person under 14 years of age.
Includes, without limitation, family day-care centers, schools, family
day-care homes.
The Borough of New Providence.
The cleaning of textiles, fabrics, garments or other articles by
the use of any solvent other than water in a dry-cleaning unit designed to
be used or used by the general public. For the purpose of this definition,
the term "used by the general public" shall be deemed to refer to the insertion
of such textiles, fabrics, garments or other articles into a dry-cleaning
unit or the removal of the same from such unit by a person or persons other
than an employee of the dry-cleaning establishment or a person owning or operating
such establishment or equipment.
Yard trimmings, rags, waste wood or cardboard and other combustible
waste solids of a nonvolatile or explosive nature.
Any individual, company or partnership in the business of providing
pesticide application services.
Any site preparation, assembly, erection, repair, alteration or similar
action, including demolition of buildings or structures.
An agreement between a provider and a parent to exchange child-care
services in lieu of a fee for child-care services.
The term cosmetic shall have the meaning ascribed to it by N.J.S.A.
24:1-1.
The measured sound level expressed in dB when using the A-weighted
network of a sound level meter.
A unit for measuring the volume of a sound equal to the logarithum
of the ratio of the sound pressure of the sound to the pressure of a standard
sound (.0002 microbar), abbreviated "dB."
Any dismantling, destruction or removal of buildings, structures
or roadways.
A refusal by the sponsoring organization to issue an initial certificate
of registration.
The New Jersey Department of Environmental Protection.
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous substances into the ground or surface waters of the Borough
of New Providence or onto lands from which it might flow or drain into said
waters, excepting discharges pursuant to and in compliance with the conditions
of a valid federal or state permit.
Those diseases specified in the list enumerated in the Sanitary Code
of the state or by declaration of this Board.
Any work or action necessary to deliver essential public services,
including, but not limited to, repairing water, gas, electricity, telephone,
sewer facilities or public transportation facilities, removing fallen trees
on public rights-of-way, dredging navigational waterways, or abating life-threatening
conditions.
Any person who handles any cosmetics or device or article used for
cosmetic purposes.
Any member of the Board of Health, the Health Officer, Registered
Environmental Specialist, police officer and any other official authorized
by the Board of Health to enforce this chapter.
A place of business, including its employees and possessions.
The review of a family day-care provider by a sponsoring organization
upon receipt of an application for a certificate of registration to determine
the applicant's compliance with the requirements of the child-care facilities
article.
Any nongame species that is not indigenous to New Jersey.
A private residence where child-care services are provided for a
fee of no fewer than three and no more than five children for no fewer than
15 hours per week, except that the Division of Youth and Family Services (N.J.A.C.
10:126) shall not exclude a family day-care home with fewer than three children
from voluntary registration.
A person at least 18 years of age who has applied for a certificate
of registration.
A person who has received an initial, renewal or temporary certificate
of registration issued by a sponsoring organization.
An agency or organization that contracts with the Division to assist
in the voluntary registration of family day-care providers and that complies
with all applicable requirements of the Manual of Requirements for Family
Day-Care Registration (N.J.A.C. 10:126).
Federal Food and Drug Administration.
Fin fish, bivalve (e.g., scallops), gastropod (e.g., abalone) and
cephalopod (e.g. octopus, squid), mollusks and crustaceans (e.g., lobsters,
crabs) from both fresh and salt water.
Every article used as food or drink for human consumption and every
ingredient of such article and shall include milk and ice cream, preparations
of milk and cream, confectionery and condiments.
A place, structure, vehicle or device, including a vending machine,
used or intended for use in the packing, preparation, storing, transportation,
selling, serving, processing or handling of food, beverages or pharmaceuticals
for public sale, distribution or use.
Any bakery, bar or cocktail lounge, cannery, confectionery, creamery,
dairy, delicatessen, grocery, hotel, lunchroom or luncheonette, meat market,
restaurant, soda fountain, vending machine or other place used in the production,
preparation, manufacture, packing, storing, transportation, selling, serving,
processing or handling of food for human consumption, intended for sale or
distribution or use.
Any person working in a retail food establishment who transports
food or food containers, who engages in food preparation or service or who
comes in contact with any food, utensils or equipment.
The number of oscillations per record of a sound; expressed in hertz
(abbreviated "Hz").
Any furnace, incinerator, refuse-burning equipment, boiler, apparatus,
device, mechanism, stack or structure used in the process of burning fuel,
refuse or any other combustible material.
Every accumulation of animal or vegetable matter, liquid or otherwise,
that attends the preparation and serving of food and the decay and spoilage
that attends the dealing in or storage of meats, fish, fowl, birds, fruits
or vegetables.
Such elements and compounds, including, but not limited to, petroleum
products which are defined as such by the New Jersey Department of Environmental
Protection, which shall include the list of hazardous substances adopted by
the Federal Environmental Protection Agency pursuant to Section 311 of the
Federal Water Pollution Control Act Amendments of 1977, 33 U.S.C. § 1251
et seq., and the list of toxic pollutants designated by Congress or the EPA
pursuant to Section 307 of said Act.
A holder of a license as Health Officer issued by the State Department
of Health and whom the local Board of Health employs.
A person who is directly involved in the provision of health care
services, such as the clinical diagnosis and prescribing of medications. This
includes, without limitation, medical doctors, physician assistants and nurse
practitioners.
Either a single pressure peak or a single burst (multiple pressure
peaks) that has a duration of less than one second.
The owner of a home or family member. In the case of an apartment
or other rental property, the individual residing there is not the homeowner.
A written document, signed by the proposed patron that explains in
significant detail all the known hazards, diseases and/or medical conditions
that may be experienced by using certain equipment.
An apparatus in which the combustion of liquid or solid fuel takes
place.
The placing apart of persons or animals affected with or exposed
to, or suspected of being affected with or exposed to a communicable disease
for the purpose of preventing contact with other persons and animals, and
the establishment of restrictions directly surrounding such persons or animals.
A place of business conducted for the purpose of laundering items
brought to said establishment by individuals and wherein there is located
one or more washing machines owned by the establishment and which are used
by the individuals bringing the laundry to said place of business.
The permission in writing of this Board issued according to its usual
practices with respect to particular activities as required by this Board
or by any law.
The requirements contained in the child-care facilities chapter as
referred to in N.J.A.C. 10:126.
Any person under the age of 18 years.
To visit a registered family day-care provider to review the provider's
compliance with the applicable requirements of the Manual of Requirements.
Any vehicle that is propelled other than by human or animal power
on land.
A properly functioning sound-dissipative device or system for abating
the sound of escaping gases on equipment where such a device is part of the
normal configuration or the equipment.
The Borough of New Providence.
Any building comprising two or more dwelling units, including but
not limited to, apartments, condominiums, co-ops, multiple-family houses,
townhouses and attached residences.
Any distinct parcel of land that is used for more than one category
of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property having
boilers, incinerators, elevators, automatic garage doors, air conditioners,
laundry rooms, utility provisions or health and recreational facilities, or
other similar devices or areas, either in the interior or on the exterior
of the building, which may be a source of elevated sound levels at another
category on the same distinct parcel of land; or
A building which both commercial (usually on the ground floor) and residential
property located above, behind, below or adjacent.
New Jersey Administrative Code.
New Jersey Statutes Annotated.
An employee of a local, county or regional health agency who is certified
pursuant to the County Environmental Health Act (N.J.S.A. 26:32-21 et seq.)
to perform noise enforcement activities, or a municipality with a Department-approved
noise control ordinance and the employee has received noise enforcement training
and is currently certified in noise enforcement. The employee must be acting
within his or her designated jurisdiction and must be authorized to issue
a summons in order to be considered a noise control officer.
All solid waste material that does not burn.
Any type of growth, such as poison ivy, poison oak, poison sumac,
stinging nettles and rag weed, that are injurious to the health of the inhabitants
of this municipality.
Any house or other place where one or more children under the age
of six years are received, cared for or kept, unattended by either of their
parents or legal guardians, for the purpose of providing such child or children
with food or lodging or instruction or supervision for periods less than one
day. This shall not include care by any person of a child related by blood
or marriage or care of a child by any institution maintained by the state
or by any municipality or by any incorporated charitable society or a nursery
school maintained by a religious organization and carried on in its buildings
used for religious and related purposes.
Any fire wherein the products of combustion are emitted into the
open air and are not directed thereto through a stack or chimney.
Any individual, firm, company, corporation or association that owns
or operates an establishment where hair styling, manicuring, tattooing, body
piercing and/or body branding and body tanning is performed and any individual
who performs or practices the above on the person of another.
A setting in which preventive, diagnostic and treatment services
are provided to people who come to the facility and depart the same day. The
term includes but is not limited to physician's offices, health maintenance
organizations, clinics, public health centers, diagnostic centers and treatment
centers.
A natural, foster or adoptive parent, guardian or any person with
responsibility for, or custody of, a child.
An individual, partnership, corporation, companies, association or
other legal entity and his agent, societies, firms, joint-stock companies
and political subdivisions, servant or employee.
Any and all of the chemical substances licensed by the Federal Environmental
Protection Agency. The term includes but is not limited to all insecticides,
rodenticides and herbicides.
Any sound that can be detected by a person using his or her unaided
hearing faculties. As an example, if the sound source under investigation
is a portable or personal vehicular sound amplification or reproduction device,
the detection of the rhythmic bass component of the music is sufficient to
verify plainly audible sound. The noise control officer need not determine
the title, specific words or the artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley or
easement that is owned, leased or controlled by a nongovernment entity.
A person at least 14 years of age who has been designated by the
provider and approved by the sponsoring organization to assist the provider
in caring for children in the home.
Any matter, thing, condition or act which is or may become detrimental
to or a menace to the health of the inhabitants of the borough.
Any matter, thing, condition or act which is or may become an annoyance
to or may interfere with the comfort or general well-being of any of the inhabitants
of the borough.
Any street, avenue, boulevard, road, highway, sidewalk, alley or
easement that is owned, leased or controlled by a governmental entity.
Any real property or structures thereon that are owned, leased or
controlled by a governmental entity.
The confining of persons, animals or materials within a designated
area and the exclusion of other persons, animals, insects or materials from
such area.
Either the imaginary line including its vertical extension that separates
one parcel of real property from another; the vertical and horizontal boundaries
of a dwelling unit that is part of a multidwelling unit building; or on a
multi-use property, the interface between the two portions of the property
on which different categories of activity are being performed (e.g., if the
multi-use property is a building which is residential upstairs and commercial
downstairs, then the real property line would be the interface between the
residential area and the commercial area).
Garbage, combustible and/or noncombustible waste solids.
The nonissuance of a certificate of registration by the sponsoring
organization after the expiration of the existing certificate of registration.
The Regional Health Department.
Local, technical public health worker in the enforcement of sanitation
laws and regulations related to the production, handling and serving of food
products and to environmental sanitation.
A declaration or statement issued by the Board to interpret, modify
or amplify the provisions of this chapter and all amendments thereto for more
effective administration incident to the work of the Board or for proper coordination
with the State Sanitary Code and its regulations.
An eating and/or drinking establishment catering primarily to customers
seated indoors at tables.
Any place, premises, building, part of building, cellar, basement,
apartment, room occupied or used therein for providing services to the public
for cleansing, beautifying, promoting attractiveness or altering appearance.
These shall include, but not be limited to barbershops, hair salons, nail
salons, electrolysis, beauty parlors and beauty salons.
A permanent removal of a provider's current certificate of registration
for failure to comply with the applicable requirements of the Manual of Requirements.
The residue of any material used as fuel for heating or cooking purposes
after combustion has taken place, broken or discarded crockery, glassware,
rags, household utensils, house sweepings, bottles, tin cans, lawn and garden
clippings, weeds and discarded shrubbery, but not building material or fixtures,
earth or stones.
Every delivery, whether the same is by direct sale or the solicitation
or acceptance of an order, and including exchange, barter, traffic in, keeping
and exposing for sale, serving with meals, delivering for value, peddling,
possessing with intent to sell and gratuitous delivery or gift by any person.
Small gasborne and airborne particles in sufficient number to be
observable arising from a process of combustion.
A cleaning fluid classified as nonflammable or as nonflammable at
ordinary temperatures which shall not be more toxic than perchloroethylene,
as determined from the threshold limit values adopted by the American Conference
of Governmental Industrial Hygienists at its conference meeting held April
9, 1961, and as revised annually thereafter.
A flue, conduit or opening permitting particulate or gaseous emissions
into the open air or constructed or arranged for such purpose.
New Jersey Administrative Code (N.J.A.C. Title 8).
The birth of a dead human fetus which has passed the twentieth week
of gestation.
A temporary removal of a provider's current certificate of registration
that can be reinstated by the sponsoring organization upon the provider's
compliance with the applicable requirements of the Manual of Requirements.
Any electrical or mechanical device used to artificially induce tanning
of human skin.
Includes cigarettes, cigars, pipe tobacco, chewing tobacco, snuff
or any other form of tobacco product.
Any method of placing designs, letters, scrolls, figures, symbols
or any marks under the skin with ink dye or any other substance resulting
in the coloration of the skin by the aid of needles or any other instruments
designed to puncture the skin.
The presence in or upon the surface of groundwaters of the Borough
of New Providence of one or more contaminants, including any solid or liquid
waste of any composition whatsoever, in such quantities and duration as are,
or tend to be, injurious to the human health or welfare, animal or plant life
or property, or would unreasonably interfere with the enjoyment of life or
property within any portion of the Borough of New Providence.
Any day that is not a federal holiday, and beginning on Monday at
7:00 a.m. and ending on the following Friday at 6:00 p.m.
Begins Friday at 6:00 p.m. and ends on the following Monday at 7:00
a.m.
In sound condition, clean, free from adulteration and otherwise suitable
for use as human food.
See Article XV of this chapter.
A.
All places, premises, public or private buildings or
vehicles shall be subject to inspection by the Inspector for the purpose of
enforcing the provisions of this chapter or of the State Sanitary Code, to
determine or has reason to believe these codes may be violated or not complied.
B.
It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Board of Health or any enforcing official or
member of the Board from having full access to any place or premises in which
an inspection is being made.
The Health Officer and authorized agents shall be empowered to seek
remedies to violations of this chapter by utilization of the following methods:
A.
Issuance of violation order.
B.
Issuance of orders to abate.
C.
Issuance of orders to cease and desist.
D.
Seek injunctive relief in courts of competent jurisdiction.
E.
Under appropriate methods and conditions, implement a
lien on real property.
F.
Utilize various civil sanctions as authorized.
G.
Pursuit of various warrants from courts of competent
jurisdiction.
H.
Under conditions where an immediate threat to the public
health and the imminent danger to the public is greater than waiting for more
normal procedures summary abatement is authorized.
I.
Conduct administrative hearings.
A.
All permits required by this chapter shall expire on
December 31 of each year.
B.
Renewal permits will be issued upon application and compliance
with requirements of this chapter and regulations of the Board. No permit
may be transferred.
C.
All permits granted under this article shall automatically
expire upon removal of the business to a different address than that specified
in the permit, or upon a change of ownership or upon cessation of active operations.
