[HISTORY: Adopted by the Township Committee of the Township
of Winslow 8-28-70 by Ord. No. 0-11-70 as
Ch. 11 of the 1970 Code of the Township of Winslow.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Coin-operated dry-cleaning establishments — See Ch. 132.
Food and beverage vending machines — See Ch. 149.
Public health nuisances — See Ch. 183.
Retail food establishments — See Ch. 214.
Individual sewage disposal systems — See Ch. 218.
Swimming pools — See Ch. 250.
Trailers and trailer camps — See Ch. 266.
Weed control — See Ch. 288.
[1]
Editor's Note: This legislation was originally adopted 2-26-60
and amended 4-27-62.
There shall be and hereby is established and created and constituted
a local Board of Health in and for the Township of Winslow, in the
County of Camden, to be known as the "Board of Health of the Township
of Winslow."
[Amended 1-2-93 by Ord. No. 0-29-92/93; 4-23-11 by Ord. No. O-2013-011]
The said Board of Health shall consist of seven (7) members,
who shall be appointed by the Township Committee. The persons so appointed
shall be citizens of the State and residents of the Township of Winslow.
Each shall serve for a term of four (4) years, except that they shall
first be appointed on a basis of staggered terms commencing with the
reorganization meeting of January 1993. The initial appointment of
two (2) members shall be for one (1) year, two (2) for two (2) years,
two (2) for three (3) years, one (1) for four (4) years. After the
initial appointments, the terms shall be for four (4) years.
If a vacancy shall occur, it shall be filled for the unexpired
portion of the term.
[Added 3-24-09 by Ord. No. 0-2009-03]
A.
Appointment. There shall be appointed two (2) alternate members in
the Board of Health by the Township Committee, both of whom shall
be citizens of the State and residents of the Township of Winslow,
who shall be designated at the time of appointment as "Alternate No.
1" and "Alternate No. 2." The initial appointments shall be made within
thirty (30) days of the effective date of this section.
B.
Term of office. The terms of the alternate members shall be for two
(2) years, except that the terms of the alternate members first appointed
shall be two (2) years for "Alternate No. 1" and one (1) year for
"Alternate No. 2," so that the term of not more than one (1) alternate
member shall expire in any one (1) year.
C.
Vacancy. If a vacancy shall occur, it shall be filled for the unexpired
portion of the term.
D.
Participation; voting. Alternate members may participate in discussions,
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
Each member shall, before entering upon the performance of the
duties of said office, file with the Clerk of the Township of Winslow
an oath similar to the oaths filed by other township officers.
The Board of Health hereby created shall have, exercise and
perform all the powers, authority and duties vested in and appertaining
to local boards of health under and by virtue of an act entitled "An
Act to Establish in This State, Boards of Health, and a Bureau of
Vital Statistics, and to Define Their Respective Powers and Duties,"
approved March 31, 1887, and the several acts amendatory thereof and
supplementary thereto.[1]
[1]
Editor's Note: See N.J.S.A. 26:3-1 et seq.
[Adopted 2-19-08 as Ord. No. 0-08-08]
The Camden County Health Officer is hereby appointed as the
Local Health Official for the Township of Winslow to implement the
procedures set forth in N.J.S.A. 26:3-31.5 as follows:
"Whenever necessary to protect the health and safety of residential
Tenants, the Local Health Officer may act as an Agent for a Landlord
in engaging a fuel oil dealer to deliver fuel oil at reasonable price
per gallon and to refire the burner to restore the proper heating
of any residential property rented by said Landlord; provided, however,
that at least 12 hours have elapsed, if the outside air temperature
is between 33 degrees and 55 degrees Fahrenheit, inclusive, or at
least four hours have elapsed, if the outside air temperature is 33
degrees Fahrenheit or less, since the Tenant has lodged a complaint
with any Municipal Officer or Agent, prior to which complaint a bona
fide attempt has been made by the Tenant or his/her representative
to notify the Landlord of the lack of heat, and the Landlord has failed
to take appropriate action."
Lack of heat shall mean maintaining less heat than required
by N.J.S.A. 26:3-31 which states in part:
"To require in buildings, designed to be occupied, or occupied,
as residences, by more than two families and when the Owners have
agreed to supply heat, that from October 1st of each year to the next
succeeding May 1st, every unit of dwelling space and every habitable
room therein shall be maintained at least at 68 degrees Fahrenheit
whenever the outside temperature falls below 55 degrees during daytime
hours from 6:00 A.M. to 11:00 P.M. At times other than those specified,
interiors of units or dwelling spaces shall be maintained at least
at 55 degrees Fahrenheit whenever the outside temperatures fall below
40 degrees. In meeting the aforesaid standards, the Owner shall not
be responsible for heat loss and the consequence drop in the interior
temperature arising out of action by the occupants in leaving windows
and doors open to the exterior of the building. The Owner shall be
obligated to supply required fuel or energy and maintain the heating
system in good operating condition so that it can supply heat as required
herein notwithstanding any contractual provision seeking to delegate
or shift responsibility to the occupant or third person, except that
the Owner shall not be required to supply fuel or energy for heating
purposes to any unit where the occupant thereof agrees in writing
to supply heat to his own unit of dwelling space and the said unit
is served by its own exclusive heating equipment for which the source
of heat can be separately computed and billed."
Winslow Township residential tenants may make complaints for
lack of heating fuel to the office of the Camden County Health Officer
at 1-800-999-9045, or contact the Township of Winslow Municipal Clerk's
office, Winslow Township Administrator's office or Winslow Township
Police Department who in turn will notify the Camden County Health
Officer. Any notice made by any Winslow Township residential tenant
or their representative shall identify and inform the office or agency
so notified of the manner, time and place of notifying the landlord
of the lack of heat in order to effectuate the purpose of this Ordinance.
Any fuel oil dealer who delivers fuel or refires the oil burner
pursuant to this Article shall bill the landlord directly, or the
Township of Winslow may issue a voucher to the fuel oil dealer who
delivered the fuel oil for the monetary amount due on the fuel oil
delivered and the service charge for refiring the burner, if any.
Any landlord or his agent whose negligence or failure to act
results in the delivery of fuel oil pursuant to this Article shall
be liable to a penalty of not more than three hundred dollars ($300.)
for each affected dwelling unit in the residential property. The Township
of Winslow may recover the penalty in a civil action by a summary
proceeding pursuant to the Penalty Enforcement Law. Any penalty shall
include the actual cost incurred for any fuel oil delivered and any
service charge for refiring the oil burner, if any, and for all reasonable
attorney's fees and costs. The provisions of N.J.S.A. 26:3-31.8 shall
be applied to all enforcement actions as required.
