[HISTORY: Adopted by the Health District
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-1995]
A.
This article shall be known and may be cited as the "Sanitary Code
of the Newtown District Department of Health" (hereinafter "Sanitary
Code").
B.
The purpose of this code is to reduce the probability of water pollution
by establishing standards for the construction of water supplies,
sewage disposal systems, and to promote sewer avoidance, thereby protecting
the health and welfare of our citizens.
C.
The Regulations of Connecticut State Agencies, Title 19, Health and
Safety, Department of Public Health and Addiction Services (hereinafter
the "Connecticut Public Health Code"), as amended, is hereby made
a part of this Sanitary Code and shall apply and govern all cases
except where such provisions of the Sanitary Code shall have more
stringent requirements. All references to the Connecticut Public Health
Code shall be to the Connecticut Public Health Code as amended.
D.
No dwelling, apartment, boardinghouse, hospital or other structure
or improvement shall be constructed in the District unless the sanitation
facilities are approved by the District Director of Health and are
in accord with the provisions of the Sanitary Code.
As used in this article, the following terms shall have the
meanings indicated:
Established as an appeals board. It consists of the Director
of Health and a designee from each of the following: the Conservation
Commission, the Planning and Zoning Commission and the Water Pollution
Control Agency.
As amended, is a method of calculating the hydraulic impact
of the leaching area on the underlying soil and assessing the capability
of the soil to disperse the effluent. A MLSS or equal must be calculated
for all new and repair septic proposals.
Also known as the "Newtown Health District."
Deep observation pits, dug in the proposed septic area, extending
a minimum of seven feet or four feet below the bottom of the leaching
system. A soil test also includes percolation tests dug to the depth
of the proposed leaching area and presoaked for a minimum of two hours
before the test is conducted. A minimum of one percolation test and
two deep observation pits shall be conducted in the location of the
proposed primary system, and a percolation hole and a deep test in
the reserve area.
The terms "watercourse" and "wetlands" shall have the same
meanings as those terms are defined in the Inland Wetlands and Watercourse
Regulations of the Town of Newtown, Connecticut, as amended, and in
the Connecticut Public Health Code.[1]
The following regulations shall govern the construction of all
water supplies for new residences in the District or existing residences
in the sewer avoidance area as identified in the WPCA Water Pollution
Control Plan for the Town of Newtown:
A.
Extend or develop a public water supply if economically feasible.
Any new public water system must seek approval from the Department
of Public Utilities Control and the Department of Public Health and
Addiction Services through the certificate of needs and necessity
identified in Connecticut General Statutes Section 16-262m. If neither
option is possible, construct individually drilled wells complying
with the provisions of the Regulations of Connecticut State Agencies,
Article 4, Sections 25-128-33 through 25-128-57 and Sections 25-128-61
through 25-128-64 and appendix; also, the Connecticut Public Health
Code 19-13-B51(a) through (m), inclusive. A satisfactory water quality
test must also be submitted.
B.
The location of all proposed wells shall be indicated on proposed
subdivision plans and on the plot plan for individual residences or
buildings. No more than 25 feet of the well radius shall infringe
on adjacent properties. Any new well shall meet the separation distances
established by Section 19-13-B51d of the Connecticut Public Health
Code between wells and sewage disposal facilities, drains and any
other items for which it may establish separation distances, including
underground oil storage tanks.
C.
A copy of the foundation as built must be submitted before well permit
approval.
D.
A yield of at least the following will be considered a satisfactory
water supply:
|
Depth of Well
(feet)
|
Yield in Gallons per Minute
| |
|---|---|---|
|
100 or less
|
5
| |
|
101 to 150
|
3 1/2
| |
|
151 to 200
|
2
| |
|
201 to 300
|
1
| |
|
Over 300
|
1/2
|
E.
The static level of the well shall indicate that it is 75% full of
water, or either the next higher yield shall be used or an adequate
storage tank, approved by the Director of Health, shall be installed.
F.
The well casing diameter shall be at least six inches.
G.
The above requirements refer only to average household water usage.
H.
Any repairs (that is, hydrofracting, redevelopment, etc.) performed
on a water supply will require the well contractor to obtain a permit
in accordance with Section 25-128-61 of the Regulations of Connecticut
State Agencies and file the altered permit with the Health District.
The following shall govern the construction of all sewage disposal
facilities in the District:
A.
Extend public sewers in the sewered area, whenever feasible, to facilitate
correction of chronic septic system failures. New development must
abide by the WPCA plans for undeveloped properties within the sewered
area.
B.
The area outside of the sewered area as identified by the WPCA is
the sewer avoidance area and shall be under the WPCA Sewer Avoidance
Policy.
C.
Where land is being subdivided or where a new lot is being created,
the following criteria shall apply:
(1)
A percolation rate of less than one inch in 30 minutes is not acceptable
for a sewage disposal system.
(2)
A minimum of 24 inches of separating distance is required between
the bottom of the leaching field and high groundwater, mottling and/or
hardpan. At least 18 inches of this separating distance shall be naturally
occurring soil (original ground). A curtain drain may be needed to
control groundwater.
(3)
Ledge rock shall be at least four feet below the bottom of the leaching
fields. At least two feet of this separation distance must be in original
ground.
(4)
No portion of any sewage disposal system shall be located within 100 feet of any brook, stream or other open watercourse as defined in § 621-2.
(5)
MLSS must be calculated for all lots or a hydraulic analysis may
be performed with the results submitted for the septic proposals.
(6)
If there is an existing residence on the property, the existing septic
system and water supply shall be located on the plan, identified by
examination, and demonstrated to be a functional system. A visible
tested reserve area must be established.
D.
For land that is being subdivided or when a new lot is created of less than one acre that is served by both an individual well and a subsurface disposal system, in addition to the requirements of Subsection C(1) through (6) above, an applicant shall satisfy the requirements of Subsection E below. For the purpose of this subsection and Subsection C above, wetlands and areas within 50 feet of an open watercourse shall be excluded from the computation of lot size.
E.
For existing lots, at least 1/2 acre is required if both an individual
well and a subsurface sewage disposal system are proposed to be used.
F.
Where Subsection C is applicable, or where the lot size requirements of Subsection D cannot be satisfied, the applicant may appeal to the Health Panel Review. A recommendation for approval of the application shall be determined by means of an affirmative vote from the majority of the Panel. The applicant shall demonstrate the following:
(1)
For new subdivision lots or newly created lots of less than one acre (as defined in Subsection D above):
(a)
The present availability of sewers or present availability of
year-round public water supply; or
(c)
Compliance with all other state and local Sanitary Code requirements;
(d)
Absence of "areas of special concern" as defined in the Connecticut
Public Health Code;
(e)
That there will be no adverse impact on water supply or subsurface
sewage disposal systems off site.
(2)
For existing lots of less than 1/2 acre:
(a)
Present availability of sewers or present availability of year-round
public water supply.
(c)
Compliance with all other state and local Sanitary Code requirements.
(d)
Absence of "areas of special concern" as defined in the Connecticut
Public Health Code.
(e)
That there will be no adverse impact on water supply or subsurface
sewage disposal systems off site.
G.
If public sewers are not available:
(1)
No building shall be converted so as to enable its use year-round
nor shall its use be changed unless after the conversion or use change
the lot satisfies all the current requirements of the Sanitary Code
for subsurface sewage disposal systems; and
(2)
No addition for any building which reduces the lot area available
for subsurface sewage disposal systems shall be constructed unless
after the addition the lot satisfies all the current requirements
of the Sanitary Code for subsurface sewage disposal systems. If the
lot satisfies all the current requirements except for the one-hundred-percent
reserve area, an addition shall be permitted only if it adds only
one room beyond the number of rooms existing at the time the subsurface
sewage disposal system was installed and does not reduce the area
of the lot available for subsurface sewage disposal.
(3)
The conversion or change in use must conform to the Connecticut Public
Health Code 19-13-B-100, as amended.
A.
Each proposed building lot requires a minimum of two percolation tests and three deep observation pits in accordance with the definition of "soil testing" in § 621-2 prior to the approval of the proposed subdivision or individual lot. Solid four-inch-diameter PVC stand pipes, or accepted equal, may be placed in each deep observation pit to mark the location and allow monitoring of the groundwater level for a minimum of 18 months, or other method of monitoring approved by the Director of Health.
B.
Prior to issuance of a permit to construct a septic system, the soil drainage characteristics and the level of highest groundwater shall be determined by conducting soil tests in accordance with the definition of "soil testing" in § 621-2. The testing is to be witnessed by the Director of Health or an authorized representative.
C.
High groundwater levels may be ascertained by examining the soil profile in the deep test pits and observing where mottling appears. The maximum observable soil mottling level shall then be considered the level of high groundwater. When the soil conditions are inadequate for the Director of Health or authorized representative to ascertain the maximum groundwater level, the test shall be measured at a time the Director of Health deems acceptable in accordance with Subsection D.
D.
Soil tests may be conducted during the normally wet seasons of the
year. Conditions shall be presumed to be suitable unless the Director
of Health has posted a notice in writing in the Newtown Town Clerk's
office that ground conditions are not suitable for testing. Said notice
shall be posted at least three days prior to the date on which it
is effective and shall continue until rescinded by a further notice
in writing that ground conditions are again suitable for testing.
E.
Approval shall be obtained from the Department of Public Health and
Addiction Services and the Newtown Health District for subsurface
sewage disposal systems with a design flow exceeding 2,000 gallons
per day but not more than 5,000 gallons per day. For subsurface sewage
disposal systems with a design flow exceeding 5,000 gallons per day,
approval shall be obtained solely from the Connecticut Department
of Environmental Protection.
The following shall be used to govern the use of fill:
A.
In cases where fill is required to alter a site to accommodate a
leaching system due to the proximity of groundwater, mottling or hardpan
too close to the ground surface, a minimum separating distance of
18 inches to 24 inches between the bottom of the leaching system and
the restricting layer shall be in natural soil (i.e., original ground).
B.
When more than four feet of fill is required to establish a leaching
system, the completed fill package shall be allowed to settle through
one winter season or shall be mechanically compacted and additional
soil testing performed. If the quality of the fill is still in question,
a sieve analysis and/or a modified optimum density test shall be required.
All fill shall be certified by the design engineer as being a course-textured,
well-graded sand and gravel soil mixture with no more than 5% by dry
weight passing the No. 200 sieve or other state-approved method for
acceptance of fill. The porous fill shall not have a slower percolation
rate than the underlying soil, or the septic system shall be sized
based on the slower rate.
C.
The fill shall be certified by percolation tests done to the depth
of the fill and at least one percolation test extending into the original
ground and witnessed by a representative of the Health District or
other means acceptable to the Director of Health. The perc in the
original soil must yield the same perc rate that was observed before
the fill was placed.
D.
The fill package must extend at least 15 feet past the edges of the
leaching trenches before beginning a two-to-one slope to original
grade.
E.
A reserve area shall be required for all new leaching systems. The
minimum site investigation requirements to determine feasibility of
the reserve area shall include the results of one percolation test
and one deep observation pit in the proposed reserve area. A reserve
area is not required for repairs, alterations or extensions of existing
leaching systems.
F.
Any community septic system requiring fill in the reserve area must
prepare the reserve area at the same time that the primary area is
installed.
Before the permit to discharge is issued, the Health District
shall be provided with the following information:
A.
A copy of the foundation as-built.
B.
Well permit and well completion report.
C.
A bacteriological, chemical and physical analysis of the well water
performed by a laboratory approved by the State of Connecticut. A
satisfactory bacteriological report indicates that no coliform colonies
are present.
D.
A well pump permit.
E.
An as-built diagram of the subsurface sewage disposal system drawn
by the installer or engineer as required in the Newtown District As-Built
Policy.
A.
The responsibility for complying with the regulations herein stated
rests with the owner or lessee of the land involved.
B.
Enforcement of these regulations rests with the Director of Health
or an authorized representative, who shall issue permits, make inspections
at any time and, if a violation is discovered, suspend any permit
granted.
C.
Any person aggrieved by denial of a permit or by suspension of a
permit may appeal the decision of the Director of Health to the Newtown
Health Panel Review Committee and/or the Commissioner of Health Services
of the State of Connecticut under Section 19a-229 of the Connecticut
General Statutes and to a court of competent jurisdiction.
D.
The fees for permits shall be determined by the District Board of
Health and shall be posted in the Health District office.
E.
All permits to construct a septic system shall be valid for a period
of one year from the date of issue. The permit shall expire upon failure
to start construction within that period and obtain a permit to discharge
within 18 months. Permits may be renewed for an additional one-year
period by the Director of Health if a reasonable cause for failure
to start construction within a one-year period is demonstrated.
F.
The Director of Health shall hereby have the authority to establish
any administrative procedures pursuant to carrying out the provisions
and requirements of this code.
It is hereby declared to be the intent that, if a court of competent
jurisdiction finds any provisions of this article to be invalid or
ineffective in whole or in part, the effect of such decision shall
be limited to those provisions which are expressly stated in the decision
to be invalid or ineffective, all other provisions of this article
to be separately and fully effective.
A.
Effect on other requirements. It is not intended that the requirements
of any other law or ordinances, except where stated herein, be repealed
or otherwise made ineffective by this article. In case of conflict,
the strictest of the relevant provisions of this and other laws and
ordinances shall apply.
B.
This article shall become effective 14 days after approval by the
Board of Health and publication in a local newspaper.
C.
Adoption of this article shall repeal the Sanitary Code of the Town
of Newtown, adopted by the Legislative Council November 16, 1983,
Town Journal 20, Pages 439-450, Ordinance 44A.
[Adopted 9-8-1995]
As used in this article, the following terms
shall have the meanings indicated:
Any individual certified by the Commissioner to inspect food
service establishments and enforce the provisions of the Public Health
Code of the State of Connecticut under the supervision of the Director
of Health.
A business involved in sale or distribution of food and drink
prepared in bulk in one geographic location for service in individual
portions at another location, hereafter called a "food service establishment."
An establishment with commercially prepackaged foods and/or
hot or cold beverages only. No preparation, cooking or hot holding
of potential hazardous foods is included, except that commercially
packaged precooked foods may be heated and served in the original
package within four hours.
An establishment using cold or ready-to-eat commercially
processed food requiring no further heat treatment and/or hot or cold
beverages. No cooking, heating or hot holding of potentially hazardous
foods is included, except that commercially packaged precooked foods
may be heated and served in the original package within four hours,
and commercially precooked hot dogs, kielbasa and soup may be heated
if transferred directly out of the original package and served within
four hours.
An establishment having on the premises exposed potentially
hazardous foods that are prepared by hot processes and consumed by
the public within four hours of preparation.
An establishment having on the premises exposed potentially
hazardous foods that are prepared by hot processes and held for more
than four hours prior to consumption.
The District Director of Health.
Any raw, cooked or processed edible substance, ice, beverage
or ingredient used or intended for use or for sale in whole or in
part for human consumption.
Any place where food intended for individual portion service
is prepared and includes the site at which individual portions are
provided. This term includes but is not limited to restaurants, cafeterias,
luncheonettes, delicatessens and sandwich shops that offer prepared
foods in individual service portions.
The sale of any food or food product in any store or permanent
place of business for consumption off the premises, hereafter called
a "food service establishment."
A food vending business serving food or drink from any establishment
or conveyance without fixed location and without connection to water
supply and sewage disposal system. A pushcart shall be considered
an itinerant food vending establishment, hereafter called a "food
service establishment."
The person signing the license application form and to whom
a license to operate a food establishment, itinerant vending establishment,
catering food service or food store establishment is issued.
Any food that consists in whole or in part of milk or milk
products, eggs, meat, poultry, fish, shellfish, edible crustacea,
or other ingredients, including synthetic ingredients, in a form capable
of supporting the rapid and progressive growth of infectious or toxigenic
microorganisms.
A food operator who has demonstrated a knowledge of safe
food handling techniques by holding a current and valid certificate
from an organization approved by the Department of Public Health and
Addiction Services.
A food establishment that operates at a fixed location for
a period of time not to exceed 14 consecutive days.
A.
No person shall engage in the business of a food service
establishment without a valid license issued by the Director of Health.
Only a person who complies with the requirements of this article and
the Public Health Code of the State of Connecticut shall be entitled
to receive or retain such a license.
B.
The license holder of every food establishment shall
keep a valid license posted in a conspicuous place in the facility.
It shall be posted in such a manner so as to be visible to the patrons
of the establishment and protected against defacement or damage. Licenses
shall not be transferable from one person to another person, from
one location to another location, or from one vehicle to another vehicle.
A.
Any person desiring to operate a food service establishment
shall complete an application for a license on forms provided by the
Director of Health. Such application shall include the full name,
address and telephone number of the owner of the establishment, the
location and type of food establishment, signature of the owner(s),
and such other pertinent information the Director of Health or authorized
agent may require.
B.
Prior to approval of any application for license,
the Director of Health or authorized agent shall have inspected the
facility of the proposed licensee and have determined that the premises,
personnel, equipment, and storage of the proposed facility is in accordance
with the standards of this article and the Public Health Code of the
State of Connecticut.
C.
Prior to issuance of a license, all food service establishments
being served by a private well must have a water sample analyzed for
bacteria, physical qualities (color, odor, pH, turbidity), nitrate
nitrogen, nitrite nitrogen, lead, sodium and copper. These water samples
must meet the limits and guidelines of the Environmental Protection
Agency and the Connecticut Department of Public Health and Addiction
Services.
A.
Whenever a food service establishment is constructed,
remodeled or altered, or whenever an existing structure is converted
to use as a food service establishment, application for a food establishment
plan review shall be made to the Director of Health or authorized
agent. This application shall be submitted along with prepared plans
and specifications for such construction, remodeling, or alteration
to the Director of Health, or authorized agent, for review and approval
before construction, remodeling or alteration is begun. The plans
and specifications shall indicate a layout as requested by the Director
of Health or authorized agent. The Director of Health, or authorized
agent, shall review the plans and specifications to determine compliance
with this Ordinance and the Public Health Code of the State of Connecticut.
No food service establishment shall be constructed, remodeled, or
altered except in accordance with the plans and specification approved
by the Director of Health, or authorized agent.
B.
Whenever plans and specifications are required by Subsection A to be submitted to the Newtown District Department of Health, the Director of Health or authorized agent shall inspect, upon completion of such construction, remodeling or alteration, the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this article and the Public Health Code of the State of Connecticut.
C.
Prior to issuance of a license for newly constructed food service establishments, the applicant shall complete an application for license on forms provided by the Director of Health as required in § 621-12A. If the food service establishment is served by a private well, a water sample must be analyzed as required in § 621-12C. Newly constructed food service establishments served by public wells must test for bacteria, lead and copper.
D.
The Director of Health shall issue a license to the
applicant if the inspection confirms that the proposed food establishment
complies with the requirements of this article and the Public Health
Code of the State of Connecticut, and if the bacteriological and physical
water analysis meet EPA and Connecticut Health Services guidelines.
The annual fee schedule shall be established
by the Newtown District Department of Health and accepted by the Board
of Health, hereafter called the "adopted fee schedule." Bona fide
civic, charitable, and religious organizations seeking temporary licenses
shall be exempt from the payment of any fee for said licenses.
All licenses shall expire on the 30th day of
June in each year, and be reviewed for another year upon completion
of an application, submittal of a water analysis, to include bacteria,
physical qualities (color, odor, pH, turbidity) nitrate nitrogen,
nitrite nitrogen, lead, sodium and copper, payment of an annual fee,
and submittal of a menu. Failure to return all the required information
by July 1 of each year will result in a late penalty charge as set
forth in the adopted fee schedule.
A.
Permits. Any person desiring to operate a temporary
food service establishment shall complete an application for a temporary
license on forms provided by the Director of Health, which shall include
the dates of the proposed operation. A temporary food establishment
shall comply with the requirements of this article and of the Public
Health Code of the State of Connecticut. The Director of Health or
authorized agent may impose additional requirements to protect against
health hazards related to the conduct of the temporary food establishment
and may prohibit the sale of some or all potentially hazardous foods.
Licenses for temporary food service establishments shall be issued
for a period not to exceed 14 consecutive days.
B.
Restricted operations. Only those potentially hazardous
foods requiring limited preparation, such as hamburgers and hot dogs
that only require seasoning and cooking, shall be prepared and served.
The preparation or service of other potentially hazardous foods, including
but not limited to pastries filled with cream or synthetic cream,
custards, and similar products, and salads or sandwiches containing
meat, poultry, eggs, fish or shellfish is prohibited; unless it can
be shown to the full satisfaction of the Director of Health or authorized
agent that the potentially hazardous food can and will be prepared,
packaged, stored, displayed, or transported under conditions and in
facilities meeting requirements of this article and the Public Health
Code of the State of Connecticut. All food shall be obtained from
approved sources complying with applicable state and federal laws
and regulations; and shall be clean, wholesome, free from adulteration
and properly labeled. No potentially hazardous foods prepared in a
private home or an unpermitted food facility may be used or sold in
a temporary food establishment. Home-canned foods are prohibited.
C.
Temperature control of foods. All potentially hazardous
food must be maintained at 45° F. or below, or must be maintained
at 140° Fahrenheit or above, at all times. Adequate cooking temperatures
of potentially hazardous foods shall be as follows: Poultry, stuffing
and stuffed meats shall be heated throughout to a minimum temperature
of 165° F. with no interruption of the initial cooking process.
Pork and pork products shall be thoroughly cooked to a minimum temperature
of at least 150° F., and ground beef and hamburgers shall be thoroughly
cooked to 155° F. Equipment must be provided for maintaining these
temperatures at all times. Partial cooking of potentially hazardous
food is prohibited. A metal stem probe thermometer accurate to plus
or minus two degrees must be available to monitor these temperatures.
There must be a means available to clean and sanitize all thermometers
at the booth, such as alcohol wipes.
D.
Ice and refrigeration.
(1)
If ice is to be used for temperature control, the
following criteria must be met:
(a)
Ice must be from an approved source.
(b)
The ice-holding container must be of a nonporous,
easily cleanable surface, with a lid. Styrofoam coolers will not be
approved.
(c)
Ice used for temperature control of food or
beverages cannot be used for human consumption.
(d)
Ice containers must be drained to prevent accumulation
of water.
(e)
Foods must not be in direct contact with ice.
(2)
If mechanical refrigeration units are used for temperature
control, the following criteria must be met:
(a)
Refrigeration units must be clean, in good repair,
and capable of maintaining food temperatures to 45° F. or below.
(b)
Alternate methods of temperature control must
be provided in the event of a power outage.
(c)
A thermometer shall be placed inside the refrigerator
to monitor proper required temperatures.
(d)
The refrigerator must be 45° F. or below
prior to use for temporary event.
E.
Hand-washing facilities. Hand-washing facilities must be provided in all temporary food establishments except where only prepackaged foods are sold. Where readily available running water is not provided, the following hand-washing measure is acceptable: a minimum of five gallons of potable water in a clean, sturdy dispensing container in which water is drawn from a dispensing spigot. Dipping of hands in water is prohibited. Soap dispensers and disposable towels must also be provided. The use of common towels is prohibited. No liquid waste shall be disposed of on the ground. Liquid waste shall be disposed of as stated in Subsection G.
F.
Cleaning and sanitizing. Adequate facilities must
be set up for cleaning and sanitizing food contact surfaces such as
cooking utensils, equipment, cutting boards, etc. Three labeled containers
of adequate size may be utilized for washing, rinsing and sanitizing.
No liquid waste shall be disposed of on the ground.
H.
Food protection. All food on display must be effectively
covered or be individually packaged to prevent contamination from
patrons, dust, rain, flies, or other elements. There should be an
effective distance between the food preparation area and the customer
service area. Sugar, mustard, ketchup, and other condiments must be
individually packaged or dispensed in a manner that prevents contamination.
(i.e., pump dispensers, squeeze bottles, etc.). Solid materials, such
as tomatoes or onions, should be individually packaged or dispensed
from a container that has a hinged lid, or be dispensed by the individual
serving the food. The public shall be restricted from the cooking
and food preparation areas.
I.
Food stand design. All stands and temporary kitchens
shall have overhead protection so constructed to minimize the entrance
of flies, dust and insects. All stands shall have cleanable floors
which allow them to remain dry and clean. If not on concrete, asphalt
or removable platforms temporary flooring may be required. All floor
area must be graded to drain away from the food booth. Cardboard,
dirt, or sawdust flooring is prohibited. Adequate lighting by natural
or artificial means is to be provided. Bulbs shall be nonbreakable
or shielded. All food preparation surfaces shall be smooth, easily
cleanable, durable and free of seams and areas difficult to clean.
J.
Personnel and hygienic practices: A log book showing
name, address, phone number, date, and hours worked must be signed
by all food handlers working the temporary food booth. A copy of the
log book shall be submitted to the Newtown District Department of
Health as soon as possible upon completion of each day's event. Only
authorized personnel are allowed in the booth. No pets or animals
are allowed in the booths. No person with a communicable disease or
afflicted with boils, sores, infected wounds, or an acute respiratory
infection shall work with food or within the food preparation area.
The use of tobacco in any form is prohibited in the food booth.
K.
Revoking of licenses; booth closure. The temporary
food license may be revoked at any time for any reason by the Director
of Health or authorized agent when, in the opinion of the Director
of Health or authorized agent, such action is warranted. The booth
will not be allowed to reopen without the written approval from the
Director of Health or authorized agent.
A.
The Director of Health may suspend any license to
operate a food establishment if:
(1)
The license holder, person in charge, or the operation
of the establishment itself does not comply with the requirements
of this article or the Public Health Code of the State of Connecticut.
(2)
The operation of the establishment otherwise constitutes
an immediate and substantial hazard to public health.
(3)
The Director of Health or authorized agent is interfered
with in the performance of duties.
(4)
There is failure to correct a violation which is continually
found and reported on the inspection report form.
B.
Upon inspection, if any of the above conditions are
found, the Director of Health shall immediately issue a written notice
to the license holder citing such conditions, specifying the corrective
action to be taken and specifying the time period within which such
action shall be taken and, if deemed necessary, order immediate correction.
If correction is not made in the stated time, the license shall be
suspended. When a license is suspended, all operations related to
the processing, preparation, storage, transportation, sale or service
of food shall cease immediately.
C.
Whenever a license is suspended, an opportunity for
a hearing will be provided if a written request for a hearing is filed
with the Director of Health by the license holder within 48 hours.
If no written request for a hearing is filed within 48 hours, the
suspension is sustained. The Director of Health may end the suspension
at any time if the reasons for suspension no longer exist. If an appeal
is filed, the Director of Health shall thereupon immediately examine
the merits of such suspension and may vacate or affirm such suspension.
D.
During the process of appeal, the license shall remain
suspended. However, the Director of Health may grant a reprieve upon
a showing of good cause.
The Director of Health may, after providing
opportunity for an appeal, revoke a license for serious or repeated
violations of any of the requirements of this article or the Public
Health Code of the State of Connecticut or for interference with the
Director of Health or authorized agent in the performance of his or
her duties. Prior to revocation, the Director of Health shall notify
the license holder(s) in writing, of the reasons for which the license
is subject to revocation, and the license shall be revoked at the
end of 10 days following service of such notice unless an appeal is
filed with the Director of Health by the license holder within 48
hours. If no request for appeal is filed within 48 hours, the revocation
of the license becomes final. If a written request for hearing is
filed with the Director of Health by the license holder or the person
in charge within 48 hours following service of such notice, the Director
of Health shall thereupon immediately examine the merits of such revocation
and may vacate or affirm such revocation.
A notice provided for in this article is properly
served when it is delivered to the license holder or the person in
charge, or when it is sent by registered or certified mail, return
receipt requested, to the address of the license holder as reported
on the license application. A copy of the notice shall be filed in
the records of the Director of Health.
A.
Suspension. Whenever a license has been suspended,
the holder of the suspended license may make a written request for
license reinstatement. Within 10 days following receipt of a written
request, including a statement signed by the applicant that, in the
applicant's opinion, the conditions causing the suspension have been
corrected, the Director of Health or authorized agent shall make a
reinspection. If the Director of Health or authorized agent determines
that the applicant has complied with the requirements of this article
and the Public Health Code, the license shall be reinstated.
The hearings provided for in this article shall
be conducted by the Director of Health at a time and place designated
by him. Any oral testimony given at a hearing shall be reported verbatim.
The Director of Health shall make a final finding based upon the complete
hearing record and shall sustain, modify or rescind any notice or
order considered in the hearing. A written report of the hearing decision
shall be furnished to the license holder by the Director of Health
within 10 working days of the hearing date.
In the occurrence of a fire, flood, power outage
or similar event that might result in the contamination of food, or
that might prevent potentially hazardous food from being held at required
temperatures, the license holder or person in charge of the food establishment
shall contact the Director of Health within two hours of first notice.
If said notice is received at a time when the Newtown District Department
of Health does not normally conduct regular business, the person in
charge shall notify the Town switchboard, which shall continue to
make all reasonable efforts to contact the Director of Health.
Prior to the issuance of a license and at adequate
intervals thereafter, the Director of Health or authorized agent shall
visit every food establishment within the Newtown District Department
of Health to make as many inspections as are necessary for the enforcement
of this article and the Public Health Code of the State of Connecticut.
Inspection intervals shall be conducted at a minimum as specified
by the classification of the food service establishment. Class I food
service establishments shall be inspected at intervals not to exceed
360 days. Class II food service establishments shall be inspected
at intervals not to exceed 180 days. Class III food service establishments
shall be inspected at intervals not to exceed 120 days. Class IV food
service establishments shall be inspected at intervals not to exceed
90 days, except that an interval not to exceed 120 days may be allowed
where one of the inspections is a hazard analysis inspection. The
Director of Health or authorized agent shall have access to all parts
of the establishment to determine compliance with the requirements
of this article and the Public Health Code, and shall be permitted
to examine all records of foods purchased or received. Such inspections
shall be performed during business hours whenever possible, or at
any reasonable time upon the request of the Director of Health.
A.
Whenever an inspection of a food establishment is
made, the findings shall be recorded on the inspection report form
as provided for in Section 19-13-B42 of the Public Health Code of
the State of Connecticut. The nature of each violation shall be written
and referenced by item number.
B.
The completed inspection report form shall specify
a reasonable period of time for corrections of the violations found,
and correction of the violations shall be accomplished as required
by Section 19-13-B42(t) of the Public Health Code of the State of
Connecticut.
A.
Examination. Food may be examined or sampled by the
Director of Health or authorized agent as often as necessary for enforcement
of this article or the Public Health Code of the State of Connecticut.
The Director of Health or authorized agent may, upon written notice
to the license holder or person in charge specifying with particularity
the reason(s) therefor, place a hold order on any food or beverage
which is believed to be adulterated or otherwise unfit for human consumption.
The Director of Health or authorized agent shall tag, label, or otherwise
identify any food subject to the hold order. No food subject to a
hold order shall be used, served, or moved from the establishment.
The Director of Health or authorized agent shall direct storage of
the food under conditions specified in the hold order. The hold order
shall state that a request for a hearing may be filed with the Director
of Health within 48 hours, and that if no hearing is requested, the
food shall be destroyed. Within 48 hours following receipt of a request
for a hearing, the Director of Health shall hold a hearing. On the
basis of evidence produced at that hearing, the hold order may be
rescinded or the license holder or person in charge of the food may
be directed, by written order, to denature or destroy such food or
to bring it into compliance with the provisions of this article or
the Public Health Code of State of Connecticut
B.
Condemnation. Food shall be subject to immediate condemnation
by the Director of Health or authorized agent when it is found to
be unfit for human consumption by reason of appearance, odor of decomposition,
adulteration or by having been contaminated by exposure to water,
smoke, fire, heat, lack of refrigeration or animal and insect contact.
Exposure to nonfood chemicals in solid, liquid, or gaseous forms shall
also be grounds for condemnation. Said action of condemnation shall
only be used when, in the opinion of the Director of Health or authorized
agent, there is substantial risk that the suspected food would otherwise
be used for human consumption, or if the license holder agrees in
writing as to the grounds for condemnation.
Customer toilet facilities are not required
in small restaurants (occupant load of less than 150) with only take-out
service or only outside dining (without a canopy); however, employee
toilet facilities shall be required. All food service establishments
within which food or beverages are served for consumption within the
building or tenant space regardless of occupant load must have toilet
facilities for the public. If total occupancy (employee plus customer)
is 15 or less the facilities need not be separate by sex. If total
occupancy (employee plus customer) is greater than 15 the public toilet
facilities must be separated by sex. Such toilet facilities must be
directly accessible by the public and have self-closing doors. Such
toilet facilities are not to be located in the food preparation area.
A.
Each person owning, operating or managing any food
service establishment designated either as Class III or Class IV shall
be a qualified food operator or shall employ on-site at least one
qualified food operator who is in a full-time supervisory position
at said establishment. Each food service establishment shall be in
compliance with this subsection by August 1, 1997.
B.
Whenever the qualified food operator terminates employment,
is terminated or is transferred, the person owning, operating or managing
the food service establishment shall notify the Newtown District Department
of Health. A replacement qualified food operator shall be employed
within 60 days from the date of termination or transfer of the qualified
food operator. The Director of Health may grant an extension not to
exceed an additional 60 days if deemed necessary.
A.
During January of each year, the Newtown District
Department of Health Food Service Inspectors are to meet and review
the performance of all food service establishments for the previous
year. Based on this review, those establishments with ongoing problems
and/or consistently marginal inspection ratings shall be placed in
the Restaurant Improvement Program.
B.
The owner of the establishments assigned to the Restaurant
Improvement Program will receive from the Director of Health, in writing,
notification of such assignment. The Director of Health will schedule
a meeting with the owner and/or manager to work up a deficiency list
of items needing improvement. The Director of Health and owner/manager
then agree upon a schedule for correction of deficiencies and sign
a contract agreed upon by both parties.
C.
Throughout the year the Food Service Inspectors carry
out inspections as required by this article and the Public Health
Code of the State of Connecticut, or more often as deemed necessary.
The Inspector shall record the performance in accordance with the
signed contract.
D.
After one year, Inspectors will review the performance
and signed contract of each establishment on their deficiency list.
Upon satisfying the contract requirements, the establishment is removed
from the Restaurant Improvement Program. If the establishment shows
continued marginal performance, the establishment will remain in the
Restaurant Improvement Program. If the establishment continues to
unsatisfactorily meet the requirements of the contract, the Director
of Health may begin closure procedures.
