[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 DRY-CLEANING ESTABLISHMENT
Those premises wherein devices for the cleaning of textiles, fabrics, garments or other articles by the use of any solvent other than water are installed for and used by the general public.
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.