[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 2-19-1963 by Ord. No. 1568 (Ch. 143 of the 1978
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch.
344.
As a legislative determination, it is deemed
necessary to the safety, health and general welfare of the inhabitants
of the Township of Nutley that certain coin-operated laundry and dry-cleaning
machines and establishments within the Township be regulated and restricted,
as hereinafter set forth, in order to prevent injury and damage to
persons and property in the Township and to eliminate conditions dangerous
to the safety, health and general welfare of said inhabitants of the
Township.
The words, terms or phrases listed below, for
the purposes of this chapter, shall be defined and interpreted as
follows:
COIN-OPERATED OR SELF-SERVICE LAUNDRY
Those premises wherein devices for the washing and drying
of textiles, fabrics, garments or other articles are installed for
and used by the general public.
CUSTOMER AREA
That portion of the establishment to which the general public
is permitted access.
PERSON
Any individual, partnership, corporation, company, firm or
any public or private entity.
SOLVENT
Any cleaning fluid which is free of additives to mask the
odor, classified by the National Board of Fire Underwriters as nonflammable
at ordinary temperatures and not more toxic than the generally accepted
threshold limit value for perchlorethylene as promulgated by the American
Conference of Governmental Industrial Hygienists.
It shall be unlawful for any person to establish,
maintain or operate a coin-operated or self-service laundry and/or
a coin-operated or self-service dry-cleaning establishment in any
premises in the Township of Nutley without a license therefor.
The application for a license or for any renewal
thereof to conduct a coin-operated or self-service laundry and/or
a coin-operated or self-service dry-cleaning establishment shall be
in writing to the Department of Health upon a form supplied by said
Department. Except in the case of an application for the renewal of
an existing license, said application shall be accompanied by a sketch
showing the lot lines, the outline of the building, the floor plan
of the premises to be licensed and the location of the machines and
equipment to be installed therein, all drawn to scale. Such application
shall specify the name and address of the applicant, the name and
address of the owner of the premises if other than the applicant,
the number of machines and the type to be installed and maintained
in the licensed premises, the manner in which such machines are to
be installed, the name of the manufacturer of said machines and such
other information as may be requested in such application.
The Health Officer of the Township of Nutley
shall thereupon cause all necessary investigations to be made of the
premises described in the application for the purpose of determining
whether the provisions of this chapter and of all other applicable
laws, ordinances and regulations are fully complied with. He shall
also secure the approval of other Township departments having jurisdiction
prior to the installation of machinery. If the Health Officer shall
be satisfied, after such investigation, that the premises in question
conform to the provisions of this chapter and other applicable laws,
ordinances and regulations, he shall issue or cause to be issued a
license authorizing the applicant to establish, maintain, conduct
or operate a coin-operated or self-service laundry and/or a coin-operated
or self-service dry-cleaning establishment at the place and with the
number of machines as designated and specified in the application,
for and during the period of such license.
[Amended 9-16-1997 by Ord. No. 2524]
Before the issuance of any such license or renewal
thereof, the applicant shall pay to the Department of Health an annual
license fee of $35.
Each such license shall expire on December 31
following the date of its issuance, unless sooner suspended or revoked
as hereinafter provided. Such license may be transferred from person
to person or from the location for which it was originally issued
to another location approved for licensing by the Department of Health,
upon compliance with all of the provisions of this chapter.
The Commissioner in charge of the Department
of Health may, at any time, for violation of this chapter or of any
applicable law, ordinance or regulation, or such other cause as the
Commissioner, upon investigation and after a hearing, deems sufficient,
suspend or revoke any license granted under the provisions of this
chapter. Notice in writing of the proposed suspension or revocation
and the reason or reasons therefor and of the time and place of a
hearing to be held thereon by the Commissioner shall be served upon
the licensee either personally or by certified or registered mail
to the business address given in the application at least 10 days
prior to the hearing. Whenever any license shall be so revoked, no
refund of any unearned portion of the license fee shall be made. No
license shall be granted to any person whose license has been revoked
within a period of two years from the date of such revocation, except
in the discretion of the Commissioner.
All coin-operated or self-service dry-cleaning
establishments shall have an attendant on the licensed premises at
all times when the premises are open for business or public use. No
coin-operated or self-service dry-cleaning machine shall be used by
the general public unless under the continuous, direct supervision
of an employee or the owner of the coin-operated or self-service dry-cleaning
establishment who is thoroughly familiar with and competent to handle
such machines.
A. The public shall only be permitted access to that
portion of coin-operated or self-service dry-cleaning machines which
is necessary for use of those machines. The remaining portion of each
machine shall be separated from the customer area by a partition in
which there are grills or similar ventilation devices. This partitioned-off
area shall be called the "maintenance area." The access door to the
maintenance area shall be self-closing and locked to prevent access
by the public.
B. No person other than the license holder or his representative
shall enter the maintenance area.
C. The maintenance area shall not be interconnected with
that of heating devices requiring air for combustion, such as gas
dryers, water heaters and comfort heating devices.
D. Heating devices requiring air for combustion shall
be installed in such fashion as to obtain air for combustion from
the outside atmosphere.
E. Ventilation of establishments shall be effected by
the drawing of air from the customer area through grills or other
openings in the partition by means of an exhaust fan or fans operating
in the maintenance area continuously while the premises are open to
the public. Exhaust fans shall have a rated capacity of 400 cubic
feet per minute per tumbler or washer for normal use and 1,000 cubic
feet per minute per tumbler or washer for use in emergencies. The
rated capacities of exhaust fans shall appear on this equipment or
its nameplate. If air is being constantly exhausted as a built-in
feature of the equipment, the rated capacity of the fan may be reduced
by this amount.
F. Air shall be replenished at a temperature of not less
than 60° F. as quickly as it is exhausted from the customer area.
G. Each coin-operated or self-service dry-cleaning tumbler
or washer shall be equipped with an exhaust system that maintains
a minimum of 100 feet per minute velocity through the loading door
whenever the door is open. The ductwork connections to this system
shall be sealed (soldered or taped) and the discharge outlet shall
be extended to a minimum height of five feet above the roof line and
shall be located so that the effluent therefrom may not reenter the
premises or enter a window, door or other opening of any adjoining
or adjacent structure. Vapors or odors from such establishments shall
be exhausted in such manner as not to constitute air pollution, as
defined by statute.
H. A concrete dike or metal pan or other facility shall
be installed at the location of each machine to collect and contain
spillage. This facility shall be constructed of a material impervious
to the solvent used.
I. The floor covering in the customer area shall be made
of a material resistant to solvents used in such machines.
J. In any coin-operated or self-service dry-cleaning
establishment, solvent storage tanks, power boxes and other sources
of danger shall be so situated as to be inaccessible to the general
public and patrons of such establishment. Such solvent storage tanks
shall be kept in a place that is properly ventilated.
K. Filter residue and other residues containing solvent
shall be disposed of so as not to create a health hazard or nuisance.
A locked, covered metal container shall be used for temporary storage
outside the building.
L. All direct equipment exhausts or vents shall be provided
with mesh lint arresters, which shall be kept clean, unless lint traps
are provided on the dry-cleaning unit. All exhausts shall be under
static pressure by reason of a mechanical fan.
M. All coin-operated or self-service laundries and/or
coin-operated or self-service dry-cleaning establishments shall meet
the requirements of all applicable state and local laws, codes and
regulations, including but not limited to air pollution, electrical
wiring, plumbing, fire prevention, waste disposal, sanitation, solvent
storage and food or beverage vending.
N. No coin-operated or self-service laundry and/or coin-operated
or self-service dry-cleaning establishment shall begin operations
before 7:00 a.m. or continue operations after 11:00 p.m. on weekdays,
nor begin operations before 9:00 a.m. or continue operations after
5:00 p.m. on Sundays.
[Amended 2-3-1976 by Ord. No. 1863]
A. In all coin-operated or self-service dry-cleaning
establishments, a respirator approved by the United States Bureau
of Mines as affording protection against organic solvent vapors shall
be provided for and used by maintenance personnel during correction
of leakages, cleaning of the system, removal of lint and muck bags
and at all times when the odor of solvent is noticeable.
B. The customer area shall be equipped with a fire extinguisher
approved for use against electrical or oil fires by the National Board
of Fire Underwriters.
C. A step-by-step, readily legible instruction list for
the operation of coin-operated or self-service dry-cleaning machines
shall be posted in a conspicuous location near the machine in the
customer area. These instructions shall include a list of items not
to be dry-cleaned in coin-operated or self-service dry-cleaning machines,
such as those made in part or completely of plastic, rubber, leather,
paper, fur, angora and urethane.
D. Each coin-operated or self-service dry-cleaning establishment
shall prominently display lighted indoor signs warning the general
public of the danger of excessive solvent vapor inhalation and skin
irritation from unevaporated dry-cleaning solvent.
E. Each coin-operated or self-service dry-cleaning establishment
shall post in a conspicuous location, readily visible from the outside
of the premises, the telephone number or numbers to be called in the
event of an emergency.
F. Each coin-operated or self-service dry-cleaning machine
shall be provided with an interlock system to prevent the loading
door from being opened during the normal cycle or in the event of
a power failure. This system may be electrical and/or mechanical.
G. No machine shall be permitted to be operated in a
coin-operated or self-service dry-cleaning establishment which in
normal operation fails to eliminate all vapors from the cleaned items
upon completion of the dry-cleaning cycle.
H. Immediate action shall be taken to eliminate solvent
odor in the customer area of all coin-operated or self-service dry-cleaning
establishments. Failure to take such action shall be just cause for
closing the establishment.
I. No person shall use spotting equipment containing
flammable material in a coin-operated or self-service dry-cleaning
establishment.
J. All coin-operated or self-service dry-cleaning machines
shall be checked daily and kept in good repair by the licensee. All
maintenance personnel shall be familiar with all necessary machinery
repairs and instructed as to solvent hazards. A record shall be kept
in the maintenance area of all inspections and repairs made.
The Health Officer, Fire Chief, Building Inspector,
Plumbing Inspector or their designated representatives may enter any
coin-operated or self-service laundry or coin-operated or self-service
dry-cleaning establishment at any time for the purpose of making an
inspection in the discharge of their official duties.
[Amended 5-15-1979 by Ord. No. 1973]
Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
not exceeding $500 or to imprisonment in the county jail for not more
than 90 days, or both. Each day on which any such violation shall
continue shall constitute a separate offense.