[HISTORY: This Appendix B contains a restatement of Chapter
11, Health, from the 1967 Borough Code. Additional amendments noted
where applicable.]
The authorization for a local board of health to enact
health ordinances is conferred by N.J.S.A. 26:3-31. The authority
for a board of health to adopt the Retail Food Establishment Code
by reference is derived from N.J.S.A. 26:1A-9, et seq.
Whenever the health officer of the board of health finds that
the public safety will not permit delay, he may exercise one or more
of the following powers without having to resort to legal proceedings
and without the necessity of giving notice or holding any hearing
which would otherwise be required under any provision of this revision.
The health officer may prohibit the importation into the Borough
or sale of any food, drink or other item intended for human consumption
or use from a source suspected of being infected, contaminated, unsanitary,
unhealthy or dangerous.
The health officer may order the seizure and destruction of
any food, drink or other item intended for human consumption which
is unwholesome or dangerous or likely to cause sickness or injury
to the persons who consume it.
The board of health, its agents and employees shall have the
right to inspect any premises in the Borough of Bound Brook if they
have reason to believe that any provision of this chapter is being
violated, or as part of a regular program of inspection.
If the owner or occupant of any premises refuses to permit entry
for the purpose of inspection, the board of health may apply to the
magistrate of the Borough for a search warrant. The application shall
be based upon an affidavit setting forth that the inspection is part
of a regular program of inspection or that conditions and circumstances
provide a reasonable basis for believing that a nuisance or unsanitary
or unhealthy condition exists on the premises. If the magistrate is
satisfied as to the matters set forth in the affidavit, he shall authorize
the issuance of a search warrant permitting access to and inspection
of the premises.
a.
Whenever anything declared by this chapter to be a nuisance or any
unsanitary or unhealthy condition is found on any premises within
the Borough, notice shall be given to the owner or person in control
of the premises to remove or abate it within the time specified in
the notice but not less than five days from the date of service.
b.
Whenever anything declared by this chapter to be a nuisance or any
unsanitary or unhealthy condition is found on any public property,
highway or other public premises or place, notice shall be given to
the person in charge to remove or abate the same within the time specified.
If that person fails to comply with the notice within the time specified,
the board of health or its agents or employees may remove or abate
such nuisance or condition in the manner provided for a like condition
existing on a private premises or place.
If the owner or person in control of the premises, upon being notified as provided by Subsection 11-3.1, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the board of health or its agents or employees shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.
Whenever any cost or expense is incurred by the Borough as a
result of the board of health, its agents or employees abating or
removing or causing to be abated or removed any nuisance or unsanitary
or unhealthy condition, such costs and expenses may be recovered in
the following manner:
a.
In all cases where practical and permitted by law; such costs shall
be certified to the division of tax assessments and shall be a part
of the taxes next assessed upon the premises on which the nuisance
or unsanitary or unhealthy condition was located.
b.
Where the Borough is not permitted by law or it is impractical to
proceed under paragraph (a), the cost or expense shall be recovered
by an action at law in any court of competent jurisdiction, which
action shall be instituted by the board of health in the name of the
Borough.
Regardless of how costs are actually recovered, they shall be
in addition to and shall not affect the imposition of any penalties
for the violation of this section.
Any person knowing of any thing being offered for sale as food
for human consumption which he has reason to believe is spoiled, contaminated
or otherwise unfit for human consumption, shall immediately report
such fact to the board of health or to one of its officers or inspectors.
The board of health may, by resolution make rules and regulations
which interpret or amplify any provisions of this chapter or for the
purpose of making the provisions of this chapter more effective. No
regulation, however, shall be inconsistent with, alter or amend any
provision of this chapter and no regulation shall impose any requirement
which is in addition to or greater than the requirements that are
expressly or by implication imposed by any provision of this chapter.
Each of the following matters, things, conditions or acts are
hereby declared to be a nuisance and injurious to the health of the
inhabitants of the Borough of Bound Brook and prohibited.
a.
Any matter, thing, condition or act which is or may become detrimental
or a menace to the health of the inhabitants of the Borough.
b.
Any matter, thing, condition or act which is or may become an annoyance
to or interfere with the comfort or general well being of the inhabitants
of the Borough.
c.
Pollution or existence of a condition which threatens pollution of
any of the waters in the Borough.
d.
The escape into the open air from any stack, vent, chimney or other
entrance to the open air of smoke, fly ash, dust, fumes, vapors, mist,
gases or other matter of a nature or quantity likely to cause injury,
detriment or annoyance to the inhabitants of the Borough or to endanger
their comfort, health or safety.
e.
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
f.
The existence or presence of any accumulation of garbage, refuse,
manure or other animal or vegetable matter which may attract flies
or to which flies may have access or in which fly larvae pupae breed
or exist.
g.
The depositing, accumulating or maintaining any matter or thing which
serves as food for insects or rodents or to which they may have access,
or which serves as a breeding place or harbor age for insects or rodents
in or on any land, building or other place.
h.
Spitting upon any public sidewalk or upon the interior or exteriors
of any public building or public conveyance.
i.
The deposits or accumulations of bodily wastes of humans or animals
in any street, sidewalk or other public place.
j.
Throwing or leaving or causing to be thrown or left in any public
place within the Borough any offal or the carcass or part of the carcass
of any dead animal.
k.
Throwing or depositing in any stream, brook or other watercourse
within the Borough anything which will have a tendency to obstruct
that watercourse.
1.
The utilization in outdoor areas, that is an area other than within
a physical residential structure, of furniture consisting of a frame
covered by upholstery, cushioning and fabric. It is the intent of
this section not to permit the utilization of such furniture in areas
such as lawns, porches or any area where it is subjected to the elements
and infestation by pests, animals and other contaminants.
No person shall commit or maintain or permit the commission
or maintenance upon any premises owned by him or under his control
of any matter, thing, condition or act declared to be a nuisance by
this section.
Any plant likely to have an adverse effect on the health
or comfort of human beings, including but not limited to ragweed,
goldenrod, poison oak, poison ivy and sumac (poisonous and nonpoisonous).
The growth or existence of any noxious plant in a public or
private place is hereby declared to be a nuisance and detrimental
to public health.
No owner, occupant or other person having control over any parcel
of land shall cause or permit noxious plants to grow thereon.
A Code regulating retail food establishments and fixing penalties
for the violation of its provisions is hereby established pursuant
to N.J.S.A. 26:3-69.1 to 69.6. A copy of the code is annexed hereto
and made a part hereof within the inclusion of the text herein.
Every person who is charged with the supervision of a department
of a food establishment shall successfully complete, prior to renewal
of the food establishment license of his place of employment, a course
in food handling acceptable to the health officer or other designated
agent of the board of health. No food establishment shall employ a
supervisor in charge of a department unless he complies with this
section.
The code established and adopted by this section is commonly
known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of the Retail Food Establishment Code of New Jersey
(1965) have been placed on file in the office of the secretary to
the board of health and shall remain on file there for the use and
examination of the public.
A code regulating the use, operation and maintenance of food
and beverage vending machines and licensure thereof; prohibiting the
sale or possession with intent to sell through vending machines of
adulterated or misbranded foods or drinks; and authorizing inspection
of vending machines and operations connected therewith, is hereby
established pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the
code is annexed hereto and made a part hereof without the inclusion
of the text herein.
The code established by this section is commonly known as the
"Food and Beverage Vending Machine Code of New Jersey (1961)."
Three copies of the Food and Beverage Vending Machine Code of
New Jersey (1961) have been placed on file in the office of the secretary
of the board of health and shall remain on file there for the use
and examination of the public.
The Food and Beverage Vending Machine Code of New Jersey (1961) as adopted by the Borough of Bound Brook is amended to delete the definition of "operator" from § 1.1, Definitions. Wherever the word "operator" appears in the code it shall be held to refer to a "distributor" as defined by Subsection 8-5.1(d).
A code regulating the use, operation and maintenance of coin-operated
dry cleaning establishments and authorizing inspection of and operations
connected therewith is hereby established pursuant to N.J.S.A. 26:3-69.1
to 69.6. A copy of the code is annexed hereto and made a part hereof
without the inclusion of the text herein.
The code established and adopted by this section is commonly
known as the "Coin-Operated Dry Cleaning Establishment code of New
Jersey (1962)."
Three copies of the Coin Operated Dry Cleaning Establishment
Code of New Jersey (1962) have been placed on file in the office of
the secretary of the board of Health and shall remain on file there
for the use and examination of the public.
No person shall engage in the operation of a coin-operated dry
cleaning establishment without first having applied and obtained a
license which shall expire annually on December 31 and paid a license
fee of $10 per establishment, which fee shall not be prorated. All
renewals shall be presented to the board of health before its December
meeting.
Any place of business operated for the purpose of washing
or drying clothes or other washable materials where the work is done
by the customers themselves in machines located on the premises, whether
coin-operated or otherwise. It shall include such establishments as
"launderettes," laundromats," "washomats" and other with similar names.
In addition to conforming to all health ordinances and regulations
of general application, all self-service laundries shall be operated
in accordance with the following regulations:
a.
The entire premises devoted to the operation of the laundry, including
all machines used in connection therewith, shall be kept in a clean
and sanitary condition at all times. The walls and floor shall be
covered with some easily cleaned, impervious material and shall be
kept clean and dry. The premises shall be adequately lighted and ventilated.
b.
No machinery used in connection with a self-service laundry shall
be operated in such a manner as to cause any unreasonable noise or
vibration.
c.
No equipment using exhaust or other circulation systems shall have
vents or openings constructed or located so as to permit heat, wind,
gas, fumes or other material to be directed upon neighboring properties.
d.
All parts of the premises to which the public has access shall be
clearly visible from the street.
e.
The owner or operator of the premises shall be responsible for maintaining
good order among the patrons, and shall be responsible for any disorder
which may result from the lack of a supervising attendant upon the
premises during hours of operation.
f.
All articles of clothing containing bodily excrement or discharges
shall be as quickly as possible placed in machines designated for
that purpose. These machines shall be conspicuously marked and shall
not be used for any other purpose.
g.
All premises shall be constructed with gutters in front of or behind
the machines leading to drains of sufficient size to contain the flow
of water in the event that a connection breaks or a machine breaks
down.
h.
No self-service laundry shall be operated for business between the
hours of 11:00 p.m. and 7:00 a.m. unless an attendant is present,
but machines started before 11:00 p.m. at establishments that are
unattended need not be stopped until the operation is completed.
i.
Where an attendant is not on continuous duty, there shall be conspicuously
posted a telephone number where notice may be given in the event of
machine breakdown or some other emergency.
j.
Machines which break down shall be either repaired or removed from
the premises as quickly as possible.
k.
These regulations shall be posted in a conspicuous place upon the
premises of each laundry.
The operation of any self-service laundry in violation of this
section is declared to be a nuisance.
No person shall engage in the operation of self-service laundry
establishment without first having applied and obtained a license
and paid a license fee of $10 per establishment.
A code regulating the emission of smoke from fuel-burning equipment,
internal combustion engines, open fires, stacks or chimneys, and providing
for the inspection of fuel-burning equipment is hereby established
pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the code is annexed
hereto and made a part hereof without the inclusion of the text herein.
The code established and adopted by this chapter is commonly
known as the "Smoke Control Code of New Jersey (1953)."
Three copies of the Smoke Control Code of New Jersey (1953)
have been placed on file in the office of the secretary of the board
of health and shall remain on file there for the use and examination
of the public.
All vehicles utilized for the collection of solid waste within
the Borough shall require an owner's license.
An application for an owner's license shall be made to
the secretary of the board of health upon forms provided by him and
which forms shall contain basically the information set forth in Subsection
8-1.2 of this revision.
Each applicant for an owner's license shall be the holder
of a certificate of public convenience and necessity issued by the
board of public utility commissioner.
Upon review of the application and satisfactory proof that the
applicant is a holder of a public convenience and necessity certificate
the board of health shall by resolution grant or deny the application.
If the application is granted the secretary of the board of health
shall issue the owner's license.
The fee for the owner's license shall be $50 per year for
each vehicle payable upon the filing of the issuance or renewal application.
Each vehicle carting or collecting solid waste or refuse shall
have displayed the number of the license and the owner's name
on the side wall of the hauling body. Each vehicle shall be so constructed
and maintained as not to permit any cover and shall be kept painted,
clean and in good repair. Each vehicle may be inspected at any time
by a duly authorized agent of the board of health.
No person shall sell, offer for sale or distribute milk, milk
products, or fluid milk products as defined N.J.S.A. 24:10-57.1 without
first applying for and obtaining a license and paying a fee of $5
for each vehicle, wagon, milk plant, milk depot, or premises. All
licenses issued shall expire annually on December 31. The fees for
a license shall not be prorated.
A license so issued may be suspended, pending a hearing, whenever
the board of health has reason to believe that the license in operation
is in violation of N.J.S.A. 24:10-57.1 et seq., and finds in addition
that the suspension of the license is necessary for the protection
of public health. In case of a suspension, the board of health shall
proceed forthwith to a hearing to ascertain the facts. A license issued
pursuant to this section may be revoked by the board of health after
notice and hearing, to the licensee upon proof of any violation of
N.J.S.A. 24:10-57.1, et seq.
The board of health may terminate the suspension or revocation
of a license upon satisfactory proof to the board of health that the
violation for which the license was suspended or revoked has been
connected.
As used in this section:
a.
Air pollution shall mean the presence in the outdoor atmosphere of
one or more air contaminants in such quantities and duration as are
or tend to be, injurious to human health or welfare, to animal or
plant life, or to property or would unreasonably interfere with the
enjoyment of life or property throughout the Borough as shall be affected
thereby and excludes all aspects of employer-employee relationship
as to health and safety hazards.
b.
Fuel burning equipment shall mean any furnace, boiler, water heater,
device, mechanism, stoker, burner, stack, oven, stove, kiln, still
or other apparatus or a group or collections of such units in the
process of fuel-burning for the generation of heat or power. Refuse-burning
equipment shall be considered incinerators as herein defined and not
as fuel-burning equipment under this definition. Ovens, stoves or
ranges used exclusively for domestic cooking purposes are not included
herein.
c.
Incinerators shall mean any device, apparatus, equipment or structure
used for destroying, reducing or salvaging by fire any material or
substance, including but not limited to refuse, rubbish, garbage,
debris, or scrap or facilities for cremating human or animal remains.
d.
Odor shall mean property of substance which affects the sense of
smell.
e.
Open burning shall mean any fire wherein the products of combustion
are emitted into the open air and are not directed thereto through
a stack or chimney.
f.
Refuse shall mean all putrescible and nonputrescible wastes except
body wastes and shall include but not limited to garbage, rubbish,
yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial wastes.
g.
Ringelmann Smoke Chart shall mean Ringelmann's Scale for Grading
and Density of Smoke published by the United States Bureau of Mines
or chart, recorder, indicator, or device for the measurement of smoke
density which is approved by the State Department of Environmental
Protection of the State of New Jersey, as the equivalent of the Ringelmann's
Scale.
h.
Rubbish shall mean solids not considered to be highly flammable or
explosive and shall include but not be limited to rags, old clothes,
leather, rubber, carpets, wood excelsior, paper, ashes, tree branches,
yard trimmings, furniture, tin cans, glass, crockery, masonry and
other similar materials.
i.
Salvage operations shall mean any business, trade or industry engaged
in whole or in part in salvaging or reclaiming any product or material,
including but not limited to metals, chemicals, shipping containers,
or drums.
j.
Smoke shall mean small gas-borne and air-borne particles arising
from a process of combustion in sufficient number to be observable.
No person shall cause, allow or permit open burning or refuse
or plant life nor conduct a salvage operation by open burning.
a.
No person shall cause, allow or permit smoke from any fuel-burning
equipment, the shade or appearance of which is darker than No. 1 of
the Ringelmann Smoke Chart, to be emitted into the open air.
b.
The provisions of this subsection shall not apply to smoke emitted
during the cleaning of a fire box or the building of a new fire, the
shade or appearance of which is darker than No. 2 of the Ringelmann
Smoke Chart, for a period of periods aggregating no more than three
minutes in any 15 consecutive minutes.
a.
Smoke emissions. No person shall cause, allow or permit smoke from
any incinerator the shade or appearance of which is darker than No.
1 of the Ringelmann Smoke Chart to be emitted into the open air; or
emission of such capacity within a stack or chimney or exclusive of
water vapor of such capacity leaving a stack or chimney to a degree
greater than the emission designated as No. 1 of the Ringelmann Smoke
Chart.
b.
New fires. The provisions of paragraph a shall not apply to smoke
emitted during the building of a new fire, the shade or appearance
of which is not darker than No. 2 of the Ringelmann Smoke Chart for
a period of no longer than three consecutive minutes; or to emissions
of such capacity within a stack or chimney or exclusive of water vapor,
of such capacity leaving a stack or chimney to a degree which is not
greater than the emissions designated as No. 2 of the Ringelmann Smoke
Chart, for a period no longer than three consecutive minutes.
c.
Visible particles. No person shall cause, suffer, allow or permit
the emission of particles of unburned waste or ash from any incinerator
which are individually large enough to be visible while suspended
in the atmosphere.
d.
Odors. No person shall construct, install, use or cause to be used
any incinerator which will result in odors being detectable by sense
of smell in any area of human use or occupancy.
No owner of property and no person having possession or control
of property shall cause, allow or permit to be emitted into the open
air substances in such quantities as shall result in air pollution.
The provisions of this subsection shall not apply to the use of economic
poisons.
a.
All buildings and premises subject to this subsection are subject
to inspection from time to time by health officer, sanitary inspector
or their duly authorized representatives. All rooms and areas in the
building shall be available and accessible for such inspection which
shall be made during usual business hours if the premises are used
for nonresidential purposes; provided that inspections may be made
at other times if:
1.
The premises are not available during the foregoing hours for inspection.
2.
There is reason to believe that violations are occurring on the premises
which can only be apprehended and proved by inspection during other
than the prescribed hours.
3.
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety requiring inspection and
abatement without delay.
b.
Where the health officer or the sanitary inspector or the authorized
agent is refused entry or access or is otherwise impeded or prevented
from conducting an inspection of premises such persons shall be in
violation of this section.
c.
In addition to the provisions of paragraph b, the health officer
or sanitary inspector, or the authorized agent may, upon affidavit,
apply to the Borough judge for a search warrant setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this section exists
on the premises, and if the judge is satisfied as to the matter set
forth in the affidavit he shall authorize the issuance of a search
warrant permitting access to and inspection of that part of the premises
on which the nuisance or violation exists. Warrant for access may
be issued by the judge upon affidavit of the health officer or sanitary
inspector, or authorized agent, establishing grounds thereof pursuant
to the property maintenance code of the Borough.
A code regulating the location, construction-alteration, use
and supervision of individual and semipublic water supplies, requiring
certain permits, providing for the inspection of such supplies, the
fixing of fees and prescribing penalties for violations is hereby
adopted pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the code
is annexed hereto and made a part hereof without inclusion of the
text thereof herein.
The code established and adopted by this section is described
and commonly known as the Individual and Semi-Public Water Supply
Code of New Jersey (1966).
Three copies of the Individual and Semipublic Water Supply Code
of New Jersey (1966) have been placed on file in the office of the
secretary of the board of health upon the introduction of this section
and will remain on file in the office for the use and examination
by the public.
No person shall locate, construct or alter any water supply
until a permit for the location, construction or alteration of the
water supply shall have been issued by the board of health. The board
of health may issue a permit if an application for the same is accompanied
by a certificate made by either an engineer licensed to practice professional
engineering in New Jersey or a qualified person recognized by the
board as being generally informed on good engineering practice in
respect to the design, construction and location of such water supplies
stating that the design of the water supply as proposed is in compliance
with the code.
New water supplies shall not be placed in operation nor shall
new dwellings or buildings or additions thereto be occupied which
must rely on such a supply for water until the board of health shall
have issued a certificate indicating that the water supply has been
located and constructed in compliance with the terms of the permit
issued and the requirements of the aforesaid code. Issuance of such
certificate shall not be required for alteration to an existing water
supply. The board of health may issue such a certificate if an engineer
licensed to practice professional engineering in New Jersey or a qualified
person herein before described submits a statement in writing signed
by him to the board of health that the water supply has been located
and constructed in accordance with the terms of the permit and the
requirements of the aforesaid code.
In case any permit or certification required by this section
is denied by the board of health, a hearing shall be held thereon
before the board within 15 days after request therefor is made by
the applicant and upon such hearing the board of health shall affirm,
alter or rescind its previous determination and take action accordingly
within 15 days after the date of such hearing.
The board of health may order all further work in and about
any water supply which is being erected or installed in violation
of the code, to be stopped except such work as shall be necessary
to remedy such violation and thereafter the work continued without
any violation of any of the provisions of the code, and after issuance
of any such order and the service of a copy thereof upon any person
connected with or working in and about the erection or installation
of any such water supply, or any part thereof, no further work shall
be done thereon except as aforesaid.
The following fees and charges are herewith established:
a.
For the filing of an application and plans for a permit to locate
and construct a water supply, $5.
b.
For the filing of an application and plans for a permit to alter
an existing water supply, $5.
c.
For the issuance of a permit to locate and construct or alter a water
supply $5.
d.
For each reinspection of a water supply or part thereof caused by
the failure of permittee to locate and construct or alter the same
in accordance with the terms of the permit issued or the terms of
the aforesaid code, and inspection fee of $5 shall be charged.
[1]
Editor's Note: Permit for Wells, see Appendix C Board
of Health Fees.
Any person violating any of the provisions of any chapter adopted
by the Board of Health of the Borough of Bound Brook, shall upon conviction
thereof, pay a penalty of not less than $100 for a first offense,
$250 for a second offense or $350 for a third offense up to a maximum
of $1,000. Complaint shall be made in the Municipal Court of the Borough
or before another judicial officer having authority under the laws
of the State of New Jersey. The court shall have the power to impose
other and additional penalties provided by N.J.S.A. 26:3-77 and N.J.S.A.
26:3-78.
Unless otherwise provided, each day during which any such violation
exists shall constitute a separate offense.
A code regulating the use, operation and maintenance of public
swimming pools is hereby established pursuant to N.J.S.A. 26:3-69.1
to 69.6. A copy of said code is annexed hereto and made a part thereof
without the inclusion of the text thereof herein.
Said code adopted by this section is described and commonly
known as the "Swimming Pool Code of New Jersey - 1960."
Three copies of the "Swimming Pool Code of New Jersey - 1970"
have been placed on file in the office of the Bound Brook Board of
Health at the Borough Hall, 230 Hamilton Street, Bound Brook, New
Jersey, upon the introduction of this section and will remain on file
there for the use and examination of the public until final action
is taken on this section.
[1]
Editor's Note: Fees, cost recovery, see Appendix C Board
of Health Fees.
The owner or occupant of any land within the Borough upon which there is installed or located any underground tank, with a storage capacity in excess of 1,200 gallons used for the storage or holding of any liquid substance defined in Subsection 11-19.2, shall cause said tank and all connecting piping to be tested for leakage no later than two years from the effective date of this section.
This section shall apply to the storage of all liquid substances,
toxic to the public water supply and shall include, but shall not
be limited to, gasoline, oil, kerosene, crank case drainage, acids,
petrochemicals, pesticides, and all other hydrocarbons and hazardous
chemical substances not recommended for human consumption.
In the event the result of any such tests reveal a leakage,
the owner or occupant of the land upon which said tank is located,
shall remove all the liquid inside tank and shall cease to operate
said tank until the tank is either replaced or repaired to correct
the leakage. Any tank which must be repaired to correct a leakage
shall not be put into operation until a further test of said tank,
after the repairs are made, reveals that there are no leaks. Proof
that said tank has no leaks shall be submitted in the form of a certification
or affidavit setting forth the dates of the tests and results thereof,
to the board of health. The board of health may in the event there
is reason to believe there is a leak in any underground tank, order
that a test be made of that tank forthwith.
Any underground tank determined to be leaking shall and is hereby
declared to be a nuisance to the Borough health and water supply.
All owners or occupants of any land within the Borough of Bound
Brook, upon which there is installed or located any underground tank
as defined in this section, shall be required to obtain a license
for the privilege of maintaining or operating and said tank.
Said license shall be issued by the Borough board of health
only upon compliance with the terms and conditions of this section
and upon payment of an application fee of $5 per tank.
Said license shall be non-transferable and shall be conspicuously
displayed in the premises or be produced upon request to the enforcing
authority; which shall be the Bound Brook Board of Health. Failure
to comply with the terms and conditions of this section shall be grounds
for the revocation of said license and will prohibit said owner or
occupant of any land within the Borough to maintain or operate said
underground tank.
Said license application shall set forth the size and exact
location of the subject tank. The exact substance it contains and
the date of original installation to the best of the licensee's
knowledge. Said license shall automatically terminate upon any change
in the contents of said tank unless the holder of said license shall
provide the Borough with an exact description of the new substance
it contains.
a.
Location. Excavation for underground storage tanks shall be made
with due care to avoid undermining the foundation of existing structures.
Underground tanks or tanks under buildings shall be so located with
respect to existing building foundations and supports that the loads
carried by the latter cannot be transmitted to the tank. The distance
from any part of a tank storing toxic substances to the nearest wall
of any basement, pit, or property line shall be not less than one
foot.
b.
Construction of tank. All storage tanks shall be of steel or fiberglass
construction in accordance with the requirements of the National Board
of Fire Underwriters (Underwriter Laboratories) thoroughly coated
on the outside with a suitable corrosion resistant material.
c.
Method of installation. An underground tank shall be set on a firm
foundation and surrounded with at least six inches of noncorrosive
inert materials such as clean sand, earth or gravel, well tamped in
place. The tank shall be placed in a hole with care, since dropping
or rolling the tank into the hole can break a weld, puncture or damage
the tank metal, or scrape off the protective coating. A tank shall
be covered with a minimum of two feet of earth, or shall be covered
with not less than one foot of earth on top of which shall be placed
a slab of reinforced concrete not less than four inches thick. When
underground tanks are, or are likely to be subjected to traffic, they
shall be protected against damage from vehicles passing over them
by at least three feet of earth or 18 inches of well tamped earth
plus six inches of reinforced concrete or eight inches of asphaltic
concrete. When asphaltic or reinforced concrete paving is used as
part of the protection, it shall extend at least one foot horizontally
beyond the outside of the tank in all directions. Installation shall
fully comply with existing building and construction standards as
set for by the Borough of Bound Brook.
d.
Testing. No new tanks for the storage of substances covered under this section shall be installed or operated unless the tanks are certified or tested for non-leakage in accordance with this section and said certification or affidavit, as set forth in Subsection 11-9.3, has been submitted to the board of health, showing that there are no leaks in said tank.
e.
License. Upon compliance with this section and the payment of $5
a license shall issue for the maintenance and operation of each new
underground tank.
Underground tanks taken out of service or abandoned shall be
safeguarded or disposed of in a safe manner. All abandoned tanks and
connecting pipe lines shall be completely drained of their contents
and a certified report setting forth the tank size, location, date
of abandonment and method used for placing the abandoned tank in a
safe condition, shall be submitted to the board of health within 10
days of the date of abandonment.
When tanks are temporarily taken out of service for a period
of more than 30 days, a certified report shall be submitted to the
board of health setting forth the planned temporary abandonment and
proposed safeguarding procedures. No temporary abandonment shall exceed
the period of six months. Any owner or occupant of any land upon which
an abandoned tank is located who fails to comply with these safeguarding
procedures shall immediately remove said tank at their own expense.
No abandoned tank shall be returned to service without first being
tested for leakage in accordance with this section.
Accurate daily inventory records shall be maintained and reconciled
on all underground storage tanks for indication of possible leakage
of tanks or piping. The records shall be kept at the premises, available
for inspection by the enforcing authority, and shall include, as a
minimum, records showing by product daily reconciliation between sales,
use, receipts, and inventory on hand. If there is more than one system
consisting of a tank(s) serving separate pump(s) or dispenser(s) for
any product a reconciliation shall be maintained separately for each
tank system. The Bound Brook Board of Health shall make periodic inspections
of underground storage tanks such as to require compliance with this
section.
The Kent Moore TSTT device and method or similar approved device
and method shall be used in testing for leakage of such underground
tanks. Testing shall be performed by a reputable and certified testing
company or person.
Any person violating the provisions of this section shall be
subject to a minimum fine of $100 for a first offense, $250 for a
second offense and $350 for a third offense up to a maximum of $1,000,
or imprisonment for a term not to exceed 90 days or both. Each day
of violation shall be deemed a separate violation and shall be punishable
as such.
No person, firm or corporation shall own, possess, harbor or
have in custody any dog, cat or other animal within the Borough over
six months of age unless such has been vaccinated against rabies veterubarian.
Such vaccination shall be repeated within the range of known immunization
or annually thereafter and shall consist of the recommended dosage
as prescribed by the manufacturer whom shall be duly licensed by the
United States Bureau of Animal Industry of the Department of Agriculture
provided, however, that any dog, cat or other animal may be exempted
from the requirement of such vaccination for a specified period of
time by the Local Health Department upon the presentation of a certificate
from a duly licensed veterinarian stating that by reason of age, infirmity
or their physical condition the vaccination of such dog, cat or other
animal for such specified period of time is contraindicated and provided
further that nothing herein contained shall be deemed to require the
vaccination of any dogs, cats, or other animals located in and confined
to duly recognized and licensed kennels, dog pounds, pet shops, shelters
or veterinary hospitals.
Any person, firm or corporation owning, possessing, harboring
or having custody of any dogs, cats or other animals shall obtain
from the veterinarian who vaccinates said dogs, cats or other animals
against rabies a certificate supplied by the Health Officer or on
a standard immunization certificate in use by the licensed veterinarians
of this or any other state or county and shall within 10 days of each
vaccination or within 10 days after bringing the dogs, cats or other
animals into the Borough if the dogs, cats or other animals were vaccinated
before being brought into the Borough, deliver said certificate to
the Borough Clerk's office who shall file same with the records
of the Health Officer.
The Health Officer is hereby authorized and empowered to provide
free vaccination of such dogs, cats or other animals at a suitable
clinic and place designated by him to be conducted by a licensed veterinarian
of the State of New Jersey. Said Health Officer is hereby further
authorized and empowered to make such rules and regulations, not inconsistent
or in conflict with the terms and provisions of this ordinance, as
he may deem necessary and proper for the enforcement of this ordinance.
Any person, firm or corporation owning, possessing, harboring
or having custody of any dog, cat or other animal suspected of having
attacked or bitten a human being or other animal or of having been
bitten by or exposed to any animal suspected of being rabid, shall
quarantine said dog, cat or other animal at home or at a location
approved by the Local Health Department for the period of time required
by the regulations or recommended by the State Department of Health
and any costs incurred with such quarantine shall be borne by the
owner or harborer. After such time the animal shall be examined by
a licensed veterinarian agent authorized by the local Board of Health.
An animal quarantined under order of the Local Health Department
shall not be released until written proof from a veterinarian or agent
authorized by the Local Health Department that the animal is free
of rabies has been submitted to and accepted by the Health Officer
or his designee.
The Local Board of Health or the duly authorized agent of such
Board, within its jurisdiction, shall be permitted by the owner or
person in charge of a dog, cat or other animal, which has attacked
or bitten a person or been exposed to a potentially rabid animal,
to examine the animal anytime and daily if desired, within the confinement
period so ordered by the Local Health Department, to determine whether
the animal shows symptoms of rabies and that the requirements for
confinement are being adhered to. If the animal dies within the confinement
period or if the owner or person in charge of the animal elects to
destroy the animal at anytime during the confinement period, the Local
Health Department may order that a laboratory examination for rabies
be performed.
No person shall refuse, obstruct or interfere with the Local
Health Department in making any examination or performing any duties
authorized pursuant to this ordinance.
Any person, firm or corporation who shall violate any of the
provisions of this ordinance shall, upon conviction, be punished by
a minimum fine of $100 for a first offense, $250 for a second offense
or $350 for a third offense up to a maximum of $1,000 or by imprisonment
for a period not to exceed 10 days, or by both such fine and imprisonment,
and each violation of any of the provisions of this ordinance and
each day the same is violated shall be deemed and taken to be a separate
and distinct offense.
Shall refer to a person who does tattooing or body piercing.
The placing of a permanent or temporary foreign object in
a person's body, such as ears, nose, lips, genitals, nipples,
or parts thereof, for a decorative or other nonmedical purpose by
a person not directly under the supervision of a licensed physician.
Within a body piercing establishment, shall mean the immediate
vicinity where body piercing is performed.
A person engaged in the practice of body piercing.
The building or structure where body piercing is practiced.
Written approval from the health officer or his authorized
representative that said tattooing or body piercing establishment
has been inspected and meets all of the terms of this ordinance.
Shall refer to either a place where tattooing or body piercing
is conducted.
The appointed licensed health officer or his authorized representative.
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing or body piercing
is performed and any individual who performs or practices the art
of tattooing or body piercing on the person of another.
Is one who engages in tattooing.
The location wherein tattooing is performed.
Refer to any method of placing designs, letters, scrolls,
figures, symbols or any marks under the skin with ink 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 standards in this section apply to both temporary and permanent
body piercing and tattooing establishments.
a.
It shall be unlawful for any person to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Bound Brook Board of Health
to engage in such business in accordance with the provisions hereof.
b.
An application for an initial license shall be accompanied by a fee
in the amount of $200. Any change of ownership shall require a new
application and license with payment of fees therefor. All applicants
shall submit plans for the establishment to the Bound Brook Health
Department prior to initiation of construction.
c.
The renewal license fee for engaging in the business of operating
a tattoo or body piercing establishment within Bound Brook shall be
$100 per year. All licenses shall expire on the last day of March
annually. If renovations of the tattoo or body piercing establishment
occur, plans must be submitted to the Bound Brook Health Department
and the applicant will be required to comply with Subsection 11-21.5a.
The late fee for failure to renew the license shall be $50 a month
if not paid by final due date of April 30 annually.
d.
All existing establishments will be considered renewal applications
provided that they apply for renewal of said license within one month
after the effective date of this ordinance. Establishments failing
to apply within the specified time period will be considered new applicants
and will be subject to the provisions of Subsection 11-21.3b.
e.
The provisions of this ordinance and all licensing fees shall be
due immediately upon enactment of this ordinance.
f.
The application accompanied by the license fee herein after fixed
shall set forth:
1.
Local and permanent addresses and telephone numbers of applicant
and manager.
2.
If applicant is a corporation, the name, address and telephone numbers
of its registered agent and officers.
3.
Certification that all dyes and inks used in tattooing are non-toxic.
4.
Applicant to comply with O.S.H.A. Bloodborne Pathogen Standard and
Medical Waste Disposal Regulations.
[1]
Editor's Note: License fees, see Appendix C Board of
Health Fees.
a.
Age. It shall be a violation of this ordinance for anyone or any
tattoo or body piercing business to tattoo or body pierce an individual
under 18 years of age without authorization signed by the parent or
legal guardian and witnessed by the operator. The operator shall be
responsible for maintaining the original consent form and copies of
all consent information for a period of two years beyond the recipient's
21st birthday. The operator shall obtain a copy of a photo ID of the
individual being tattooed.
b.
Each person wishing a body piercing or tattoo must fill out an application
which will include name, date of birth, address and telephone number
of the client as well as the location(s) of the tattoo or body piercing
and the name of the operator. All records are to be maintained for
a minimum of two years and shall be available to the Health Officer
or his authorized representative upon request.
c.
If the applicant is suspected to be under the influence of alcohol,
drugs or any other behavioral modifying substance, the operator must
refuse the applicant. If an applicant is suspected of having an infectious
disease in a communicable stage, the operator shall refuse service.
d.
Written guidelines shall be established for the care of the body
site. Each client shall receive a written copy of the guidelines for
care of body piercing or tattoo sites. Care instructions must include
the following minimum recommendations for body piercing:
1.
Wash the body piercing gently with mild soap and water and pat dry.
2.
Apply an antibacterial cleaner at least twice daily.
3.
Avoid swimming or soaking of the body piercing until healed.
4.
Avoid scratching, picking or touching of the body piercing.
5.
If redness or swelling develops, contact your doctor.
a.
Each facility shall have a bathroom accessible to the public and
staff. Each bathroom shall be equipped with a commode and a sink with
the sink being connected to hot and cold running water. Soap and sanitary
towels, or other approved hand drying devices, shall be available
at the sink at all times. Common towels are prohibited. In addition
to the above, each cubicle or work station must be provided with a
sink connected to hot and cold running water. This area shall also
be provided with and appropriate hand drying facilities.
b.
The chair or seat reserved for the person receiving the body pierce
or tattoo shall be of a material that is smooth and easily cleanable
and constructed of material that is non-absorbent. Any surfaces on
the chair that become exposed to blood or body fluids must be cleaned
and sanitized prior to use by the next customer.
c.
The work table or counter used by the operator shall be smooth and
easily cleanable and constructed of material that is non-absorbent.
There shall be a covered junction between the table counter and the
wall if the table counter is to be placed against the wall. This table
counter must be cleaned and sanitized utilizing a method approved
by the Bound Brook Health Department, between customers.
d.
The walls in the work area shall be smooth and easily cleanable and
constructed of non-absorbent materials.
e.
The floor in the work area shall be of a durable material that is
non-absorbent and is smooth and easily cleanable. Floors shall be
kept clean.
f.
Lighting within the work area shall be adequate so as to provide
a minimum of one-hundred-foot candles in all areas.
g.
The work area reserved for the application of the tattoo or piercing
shall be separated from other areas of the establishment by walls
or durable partitions extending at least six feet in height and so
designated to discourage any persons other than the customer and the
operator from being in the work area.
h.
Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized, utilizing a method approved
by the Bound Brook Health Department.
i.
All products used in cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in an acceptable manner in accordance
with the Hazard Communications Regulations. Smaller working containers
filled on site from larger containers must be clearly marked with
the name of the product.
j.
Proper waste receptacles shall be provided and waste disposed of
at appropriate intervals in a safe manner.
k.
All medical waste shall be disposed of according to state standards.
All records shall be kept on site and shall be available for inspection.
All medical waste records shall be maintained for at least three years
after manifest as required by N.J.A.C. 7:26-3A21.
l.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
a.
Operator.
1.
Hepatitis B pre-exposure vaccination or proof of immunity is required
for all operators. Any accidental needle stick shall be reported to
the Bound Brook Health Department. If a person cannot obtain the vaccination
for medical reasons, he shall submit to the Board of Health a letter
from his physician certifying that the individual does not have Hepatitis
B and the vaccination is contraindicated. This certification shall
be annually renewed and shall be available upon request during inspection.
2.
All future operators shall pass an examination showing knowledge
of sterile techniques and universal precautions to assure that infection
and contagious disease shall not be spread by work practices. Once
a year under the auspices of the Board of Health a course leading
to certification may be given for any person seeking to be a tattooist
or body piercer.
In lieu of the above, documentation of education or training
previously received shall be satisfactory if determined to be of equivalent
quality by the Health Officer.
3.
Before working on each patron, each artist shall scrub and wash his/her
hands thoroughly with hot water and an E.P.A. approved germicide cleaning
material using his/her individual hand brush. Fingernails shall be
kept clean and short.
4.
Disposable gloves shall be worn by the artists during preparation and application to prevent contact with blood or body fluids. Universal precautions as required by 29 CFR 1910.1030 Section d, 1 shall be followed. All materials shall be disposed of in accordance with Subsection 11-21.10 of this ordinance after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately. Medical waste shall be disposed of in compliance with latest State regulations.
5.
Immediately after treating a patron, the operator shall advise the
patron on the care of the tattoo or body area pierced and shall instruct
the patron to consult a physician at the first sign of infection.
Printed instructions regarding these points shall be given to each
patron as described in Subsection 11-21.4d of this ordinance.
6.
All infections resulting from the practice of tattooing or body piercing
which become known to the operator shall be reported to the Health
Officer by the person owning or operating the establishment or by
the artist within 24 hours.
b.
Following shaving, the area shall be thoroughly cleaned and scrubbed
with tincture of green soap or its equivalent and warm water. Before
working on the patron's skin, the area shall be treated with
70% alcohol and allowed to air dry.
c.
No piercing of the tongue shall be permitted.
d.
No piercing or tattooing shall be done on skin surface that has rash,
pimples, boils, infections or manifests any evidence of unhealthy
conditions.
e.
Ear piercing guns may not be used for body piercing, but may only
be used for piercing ear lobes. If the ear piercing gun is reused,
it must be cleaned and sanitized between patrons. An ear piercing
gun may only be used to apply studs to a patron's ears, following
manufacturer's instructions. The use of an ear piercing gun to
apply a stud or any other jewelry to other areas of the body is prohibited.
f.
Satisfactory lubricants or antiseptic ointments shall be applied
to the tattoo area prior to tattooing. The ointment shall be applied
in a satisfactory manner, disposing of the utensil after spreading.
Collapsible tubes of ointment or jelly may also be used.
a.
Tattooing.
1.
Design stencils shall be thoroughly cleansed and rinsed in an E.P.A.
approved germicide effective against tuberculosis for at least 20
minutes or disposed of following each use. Effective against TB is
the standard because it then is more effective against HBV and HIV.
2.
Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials
are preferred. Pre-mixed dyes shall be used without adulteration of
the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Bound Brook Health
Department of the non-toxicity of the dyes or inks at the time of
license application and renewal.
3.
Single service or individual containers of dye or ink shall be used
for each patron and the container disposed of immediately after completing
work on each patron. Any dye in which the needles are dipped shall
not be used on another person.
4.
The completed tattoo shall be washed with sterile gauze and a solution
of tincture of green soap or its equivalent, then disinfected with
70% alcohol. The area shall be allowed to air dry and antiseptic ointment
applied and spread with sterile gauze and sterile dressing attached.
b.
Body piercing.
1.
Jewelry preparation. Jewelry or an insertion taper that has been
autoclaved and never worn must be placed in a medical antibacterial
prep soak for 10 minutes and dried thoroughly before insertion. Jewelry
previously worn by the patron must be soaked in a medical antibacterial
prep soak for 10 minutes in a separate container that is disposed
of or sterilized immediately after the service. Jewelry worn by a
person other than the patron must be cleaned and sterilized before
insertion.
2.
Linen cleaning and storage. Cloth towels, robes and similar items
used in conjunction with body piercing must be laundered in a washing
machine with hot water, laundry detergent and chlorine bleach between
uses. A closed, dustproof container must be provided for the storage
of clean towels and linens. A hamper or similar container must be
provided for the storage of soiled towels and linens.
a.
Only single-service sterile needles and needle bars shall be used
for each patron.
b.
If solder is used in manufacturing needles, needle bars or needle
tubes, it must be free of lead.
d.
Needle tubes shall be soaked with soapy water, then scrubbed with
a clean brush and then rinsed clean. Needle tubes shall be sterilized,
stored in sterile bags and maintained in a dry, closed area as required
by this ordinance.
e.
Each item to be sterilized shall be individually wrapped using indicator
bags or strips. Sterilization shall be by steam sterilization. The
sterilizer shall be well maintained with a tight fitting gasket and
a clean interior. The manufacturer's operation instructions and
sterilization specifications shall be at hand. The sterilizer shall
conform to the sterilization cycle. Proper functioning of sterilization
cycles shall be verified by the weekly use of biologic indicators
(i.e. spore tests). A bound log book of these weekly test results
shall be available, and a test may be required to be done during any
inspections. A loose leaf log book or one that permits additions or
deletions shall not be used.
f.
If the primary source of sterilization malfunctions, the Bound Brook
Health Department shall be notified within 24 hours. In an emergency
situation, the Bound Brook Health Department may approve alternative
sterilization techniques.
g.
Needles and bars shall not be bent or broken prior to disposal. Tattoo
artists shall take precautions to prevent injuries from contaminated
needles or tubes.
a.
All used needles, needle bars or other tools used in the tattooing process, as well as gloves, gauze and other materials contaminated with blood or body fluids shall be sterilized in accordance with subsections 11-21.9 and 11-21.5k of this ordinance and then discarded in a disposable rigid container. In lieu of this requirement, contracting with an authorized service for the disposal of infectious waste shall be acceptable. All medical waste regulations shall be adhered to.
b.
All non-infectious waste shall be disposed of in accordance with
Subsection 11-21.5j of this ordinance.
a.
Nothing in the foregoing shall be construed so as to affect the practice
of medicine or any other recognized profession or occupation by a
person duly licensed by the State of New Jersey to engage in such
practice, profession or occupation and whose license would lawfully
authorize the piercing of the body.
a.
Not less than $100 nor more than $1,000 for each violation of this
ordinance. Each day that the violation exists is considered to be
a separate offense.
b.
Reasonable counsel fees incurred by the Board of Health in the enforcement
of this ordinance shall be paid by the defendant. The amount of such
reimbursement fees and costs shall be determined by the Court hearing
the matter.
c.
This ordinance shall preempt any municipal ordinance inconsistent
herewith.
a.
In addition to being subject to the penalties provided in Subsection
21-11.12 of this ordinance, a license issued under this ordinance
may be revoked or suspended by the Borough Council for any misstatement
in any application or for any violation of this ordinance. No license
shall be revoked or suspended until the licensee has been afforded
a hearing before the Council of the Borough of Bound Brook. Notice
of the filing of a complaint which seeks to suspend or revoke any
license issued under this ordinance shall be served on the defendant
personally or on the manager, registered agent or officer of the corporation
by certified mail or personal delivery to the business establishment's
address or house address of a responsible party. The notice will establish
a date for a hearing to be held not more than 15 days from the date
of such notice, at which time the defendant shall have the right to
be represented by counsel, call witnesses, cross-examine witnesses
produced in support of the complaint, as well as such other rights
necessary in order to insure due process. Should any license be revoked
or suspended, no part of the license fee shall be returned.
