[HISTORY: Adopted by the Board of Health of the Town of Westfield 3-3-2008 by BOH Ord. No. 1-2008. Amendments noted where applicable.]
A.
Purpose. This chapter is established to assure sanitation, safety,
and disease prevention and control for the protection of the public's
health and quality of life.
B.
Scope. This chapter shall govern: 1) all businesses presently licensed
by the Westfield Board of Health, their officers, employees, agents
and representatives; and 2) any business not presently licensed by
the Board of Health wherein it is reasonable to believe that equipment,
accommodations, or other items maintained by the business will be
used and/or shared by successive customers, invitees, or other members
of the public.
C.
ACCEPTABLE
APPROVED
BUSINESS
CLEAN or CLEANLINESS
CLEANING
COMMUNICABLE DISEASE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
CONTAMINATED WASTE
DISINFECTION
EQUIPMENT
ESTABLISHMENT
HAND-SINK
HEALTH AUTHORITY
LEWD ACT
SANITARY
VERMIN
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Satisfactory or adequate; fulfilling the needs or requirements
of a specified rule.
Written acceptance by the Westfield Regional Health Department.
A commercial, professional or industrial enterprise with
dealings or transactions especially of an economic nature.
The absence of soil, dirt, grime and grease. For the purpose
of this chapter, "clean" or "cleanliness" does not equate to something
being disinfected.
To rid of dirt, impurities, or extraneous matter.
Diseases or conditions diagnosed by a licensed physician
as being contagious or transmissible which include, but are not limited
to, the following:
Chickenpox;
Diphtheria;
Measles;
Meningococcal Disease;
Mumps;
Pertussis (whopping cough);
Plague;
Rubella;
Scabies;
Staphylococcal skin infection (boils, infected wounds);
Streptococcal infections (strep throat);
Tine (ring worm);
Tuberculosis.
Any liquid or semiliquid blood or other potentially infectious
materials; contaminated items that would release blood or other potentially
infectious materials in a liquid or semiliquid state if compressed;
items that are caked with dried blood or other potentially infectious
materials and are capable of releasing these materials during handling;
sharps and any wastes containing blood and other potentially infectious
materials, as defined, N.J.A.C. 7:26-3A.
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use
or handling.
All machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks and
all other apparatus and appurtenances used in connection with the
operation of an establishment.
A physical place of business, permanent in nature, and includes
all areas used by the business, its patrons and invitees.
A fixture equipped with hot and cold running water under
pressure, used solely for washing hands, arms or other portions of
the body.
A Health Officer, or his or her designee.
Any conduct resulting in or likely to result in the exchange
of body fluids or contaminated waste, as defined by this chapter.
Characterized by or readily kept in cleanliness.
Small common harmful or objectionable animals that are difficult
to control.
A.
Pursuant to this chapter, the Health Authority shall have the following
authority:
(1)
To investigate and inspect, without notice, the business premises
of any business governed by this chapter to ascertain compliance herewith.
(2)
As part of the aforementioned authority to investigate, the
Health Authority shall have access to and be allowed to inspect all
rooms, equipment, furnishing, appliances, beds and beddings, and any
area deemed necessary to inspect or investigate.
(3)
Have access and be provided with, upon request, all records,
documents, notes, manuals and employee information retained by the
business and/or property or facility, or person/entity in charge of
the business and/or property or facility being investigated or inspected
for potential infection, communicable diseases, unsanitary condition
and/or vermin infestation in order to prevent or contain the spread
of communicable diseases.
(4)
Be permitted to take samples from any area or surface for submission
to a contracted laboratory to test for compliance with the standards
set forth in this chapter.
B.
Following any inspection or investigation authorized by this act,
the Health Authority may, at its discretion, require any of the following:
(1)
That any person exposed to or in contact with anyone reported
to have a disease of a communicable nature, as listed in the most
current regulation N.J.A.C. 8:57, submit to a physical examination,
x-ray, laboratory test, and any other such diagnostic procedure to
determine if such person is communicable or is in a carrier state,
and shall prohibit any business from allowing any aforesaid person
from returning to the business or its facility until such exams are
completed.
(2)
Any person who is ill, infected, infested with a communicable
disease may, by virtue of the agent of a communicable disease, type
of job function, and/or virulence of the communicable disease, be
prohibited from working or appearing in or around a place of business
until their communicable disease abates and the person is cleared,
in writing, by a physician to return to work; said written clearance
shall be provided to the Health Officer.
(3)
Quarantine to prevent or control the spread of this disease,
provided that any quarantine order be provided in writing and that
no period of quarantine exceed the period of incubation of the disease.
A.
Health and disease controls.
(1)
Persons, while affected with any disease in a communicable form,
or while a carrier of such disease, or while affected with boils,
infected wounds, sores, acute respiratory infection, nausea, vomiting,
or diarrhea which could expose other's to infection/infestation
shall not work in any area or in any capacity in which there is a
likelihood of such person contaminating contact surfaces with pathogenic
organisms, or transmitting disease to other individuals and no person
known or suspected of being affected with any such disease or condition
shall be employed in any such area or capacity.
(2)
If the manager or person in charge has reason to suspect that
any employee has contracted any disease in a communicable form which
could result in the spread of that disease or has become a carrier
of such disease, he shall advise the employee to contact his physician
for treatment and shall relieve him of duties.
(3)
The Health Authority shall use the latest edition of the American
Public Health Association's text, "Control of Communicable Diseases
in Man," as guidelines for the characteristics and control of diseases,
unless other rules, guidelines or interpretations are issued by the
State Department of Health.
B.
Hygiene practices.
(1)
Employees shall not use tobacco in any form while engaged in
service.
(2)
The employees shall wear disposable medical grade gloves at
all times during the clean up and disinfection of contaminated surfaces.
(3)
Gloves shall be changed if they become contaminated by contact
with any non-clean surfaces, objects, contact with a third person,
or torn.
(4)
Gloves shall be discarded after completion of each procedure.
Under no circumstances shall a single pair of gloves be used on more
than one clean up and disinfecting procedure.
(5)
At the completion of the procedure, the employee shall dispose
of the gloves and the hands shall be thoroughly washed.
(6)
Written policies and procedures shall be established for management
of employees or clients that have latex allergies.
C.
Handwashing.
(1)
The hands of all employees shall be kept clean while engaged
in work. Employees shall thoroughly wash their hands and exposed arms
with soap and warm water before starting work, and shall wash hands
during work hours as often as is necessary to keep them clean, and
after smoking, eating, drinking, or visiting the toilet room.
(2)
Employees shall keep their fingernails clean and neatly trimmed.
(3)
At all times the owner or his designee shall assure the continuous
posting of handwashing signs above urinals, on the inside door to
toilet stalls and upon the inside of the exit door of all restrooms.
A.
Handwashing facilities.
(1)
Handwashing facilities shall be adequate in size and number
and shall be so located and maintained as to permit convenient and
expeditious use by all employees.
(2)
Handwashing facilities shall be located within or immediately
adjacent to all toilet rooms or vestibules.
(3)
Handwashing facilities shall be in accordance with N.J.A.C.
5:23-1, New Jersey Uniform Construction Code.
(4)
Each handwashing facility shall be designed to provide hot and
cold or tempered water (90° F. to 105° F.).
(5)
An adequate supply of hand-cleansing soap or detergent shall
be available at each handwashing facility. An adequate supply of towels
or an approved hand-drying drying device shall be available and conveniently
located near the lavatory. Common towels are prohibited. Where disposable
towels are used, waste receptacles shall be located conveniently near
the handwashing facilities.
(6)
All components of the handwashing facilities shall be kept clean
and in good repair.
(7)
Handwashing facilities shall be used only for handwashing purposes.
B.
Toilet facilities.
(1)
Each establishment shall be provided with adequate, conveniently
located toilet facilities accessible to the public and employees at
all times.
(2)
Toilet facilities shall be installed in accordance with N.J.A.C.
5:23-1, New Jersey Uniform Construction Code.
(3)
Water closets and urinals shall be of a sanitary design and
be cleanable.
(4)
Toilet rooms shall be easily cleanable, completely enclosed,
and shall have tight-fitting, self-closing doors. Such doors shall
not be left open except during cleaning or maintenance. If vestibules
are provided, they shall be kept in a clean condition and in good
repair.
(5)
Toilet facilities, including toilet rooms and fixtures, shall
be kept clean and in good repair, and free of objectionable odors.
(6)
A supply of toilet tissue shall be provided at each toilet at
all times.
(7)
Handwashing signs stating "Wash Hands Before Resuming Work"
or words of similar meaning shall be posted conspicuously in all toilet
rooms and at each separate lavatory facility. It is also recommended
that a statement concerning disease transmission be included. Easily
cleanable receptacles shall be provided for waste materials and such
receptacles in toilet rooms for women shall be covered. Such receptacles
shall be emptied at least once a day, and more frequently when necessary
to prevent excessive accumulation of waste material.
C.
Shower facilities.
(1)
Showers shall conform to the requirements of the New Jersey
Uniform Construction Code, N.J.A.C. 5:23.
(2)
Shower stall floors which are located adjacent to walkways shall
be lower than the level of the walkways.
(3)
The cross-sectional area of the floor drains in shower rooms
and stalls shall be at least twice the cross-sectional area of the
outlet pipe to which it is connected.
(4)
Wood slats or wood flooring material and slopes which are conducive
to slipping, tripping, or falling shall not be used.
(5)
Showers shall be cleaned and periodically disinfected especially
when there is a change in occupancy or use.
D.
Garbage and rubbish disposal facilities.
(1)
All garbage and rubbish shall be kept in leakproof, nonabsorbent
containers constructed of durable metal or other approved types of
material, which do not leak and do not absorb liquids.
(2)
All containers, while being stored, shall be provided with tight-fitting
lids or covers and shall, unless kept in a special verminproofed room
or enclosure or in a waste refrigerator, be kept covered.
(3)
There shall be sufficient receptacles in rooms and areas to
hold no more than one day's solid waste.
(4)
These receptacles shall be emptied daily.
(5)
Containers and receptacles shall be changed and disinfected
at the change of occupancy.
(6)
Liners may be used but they must be changed daily and the container
shall be cleaned and when necessary disinfected.
(7)
Plastic bags shall be used for the removal of solid waste.
E.
Medical waste. Items saturated and/or dripping with blood or body
fluids shall be handled, stored, packaged, labeled, transported and
disposed of in accordance with the provisions and standards found
at N.J.A.C. 7:26-3A, as medical waste.
A.
Floor, walls and ceilings:
(1)
All floors shall be kept clean and in good repair.
(2)
The floor surfaces in all rooms and areas including dressing
or locker rooms, and toilet rooms, shall be of smooth, nonabsorbent
materials, and so constructed as to be easily cleanable.
(3)
Floors that are water-flushed for cleaning or that receive other
fluid waste shall be constructed only of sealed concrete, terrazzo,
ceramic tile or similar materials, and shall be graded to drain.
(4)
Carpeting, if used as a floor covering, shall be of closely
woven construction, properly installed, easily cleanable, and shall
be kept clean as to sight, touch and smell and maintained in good
repair. Carpeting is prohibited in toilet room areas where urinals
or toilet fixtures are located. Carpeting must be vacuumed with a
HEPA unit, and is cleaned and sanitized after each occupancy or use.
B.
Housekeeping:
(1)
Adequate facilities shall be provided for the orderly storage
of employees' clothing and personal belongings. Dressing rooms
or designated areas shall be provided.
(2)
Adequate lockers within dressing rooms or other suitable facilities
shall be provided and used for the storage of employees' coats,
clothing and personal belongings.
(3)
Dressing rooms or areas, and lockers, shall be kept in a clean
condition.
(4)
All parts of the establishment and its premises shall be kept
neat, clean, and free of litter and rubbish.
(5)
Vacuum cleaning, wet cleaning shall be used; or dust-arresting
sweeping compounds and push broom shall be employed; and all such
cleaning, except emergency floor cleaning, shall be done during those
periods when the least amount of exposure to the public.
C.
Pest/vermin control.
(1)
Controls shall be used to minimize or eliminate the presence
of rodents, flies, roaches and other vermin. The premises shall be
kept in such condition as to prevent the breeding, harborage, or feeding
of vermin.
(a)
The application of pesticide shall conform to the requirements
of the New Jersey Pesticide Control Rules N.J.A.C. 7:30.
(2)
No live animals shall be kept or allowed in any room. An exception
shall be made for service animals, which shall be permitted for the
purpose of accompanying physically disabled persons.
(3)
All openings to the outer air shall be effectively protected
against the entrance of insects by self-closing doors, closed windows,
screening, controlled air currents, or other effective means.
(4)
Screening material shall not be less than 16 mesh to the inch
or equivalent.
D.
Decontamination of environmental surfaces.
(1)
Body fluid spills on environmental surfaces shall be cleaned
as specified in the Occupational Safety and Health Administration
(OSHA) Rule 29 CFR Part 1910.1030, Occupational Exposure to Bloodborne
Pathogens.
(2)
Aluminum foil or plastic covers shall be used to protect items
and surfaces (for example, light handles) that may become contaminated
by blood or saliva and that are difficult or impossible to clean and
disinfect. Between clients coverings shall be removed, discarded,
and replaced with clean material.
E.
Standards of cleanliness:
(1)
If, following investigation or inspection conducted by the Health
Authority pursuant to this act, a contracted laboratory determines
that a sample obtained from the premises of any business governed
by this chapter contains evidence of any blood, semen, vaginal secretion,
body fluid, or other contaminated waste, then the facility will have
failed to maintain a standard of cleanliness and shall be in violation
of this chapter.
(2)
If, following investigation or inspection conducted by the Health
Authority pursuant to this act, a contracted laboratory determines
that a sample obtained from the premises of any business governed
by this chapter contains evidence of an unacceptable level of bacteria
or virus, then the facility will have failed to maintain a standard
of cleanliness and shall be in violation of this chapter.
(3)
If, following investigation or inspection conducted by the Health
Authority pursuant to this act, the officer or his designee makes
direct observation of unacceptable levels of soil, dirt, vermin, organic
matter, or odor, the business shall be deemed in violation of this
chapter.
A.
Outbreak notification.
(1)
Pursuant to N.J.S.A. 26:13-1 et seq., the New Jersey Emergency
Health Powers Act, or N.J.S.A. 26:4-2, when an pandemic, epidemic,
endemic or outbreak is declared the Westfield Regional Health Department:
(a)
Strictly enforce reporting requirements of N.J.A.C. 8:57-1.1
et seq.
(b)
Investigate all suspected cases of illness.
(c)
Trace all contacts of the index cases.
(d)
Impose as may be required social distancing.
(e)
Requiring medical examinations as may be required of those ill
or exposed.
(f)
Isolate anyone ill with the suspected disease.
(g)
Quarantine anyone who has been exposed and assuring monitoring
for signs of illness.
(h)
Order the disinfecting of any area, item, equipment, etc., that
has been or may have been contaminated.
B.
Investigations. The Health Officer or his designee shall investigate
any person or persons and any environment to determine:
(1)
If a single case or an outbreak of a communicable disease exists;
and
(2)
Ascertain the source and spread of the infection;
(3)
Identify household, work and social contacts of the ill person,
or persons; and
(4)
Determine and implement appropriate control measures to contain,
remediate, and abate the outbreak.
C.
Medical examination. The Health Officer or his designee may order
in writing any person who may be ill or may have been exposed to submit
to a medical examination including but not limited to an x-ray, laboratory
samples, and other diagnostic as may be deemed necessary.
D.
Isolation. Any person who is ill with a communicable disease or whose
illness is suspected to be communicable may be removed by the Health
Officer by written order and cause the ill person to be removed to
a hospital or other such medical care facility for isolation. This
order shall remain in force until terminated by the Health Officer.
E.
Quarantine. The Health Officer may by written order restrict any
person or persons who have been exposed to a communicable disease,
under conditions specified by the Health Officer for the period not
to exceed the incubation of the disease.
F.
Disinfection. The Health Officer may, by an order in writing, require
high-level disinfection of all surfaces, equipment, areas, rooms,
HVAC systems, etc., where highly pathogenic agents may pose a biohazard.
A.
It shall be unlawful to for any person or business to prevent, impede
or interfere with the Health Authority in an inspection or an investigation
being conducted pursuant to this act.
B.
It shall be unlawful to offer for sale, rent, use or accommodate
any articles of clothing, furniture, bedding, equipment or other goods
and items which a person knows, or reasonably should have known, were
contaminated from bacteria, mold, viruses, vermin, body fluids or
pathogenic substances.
C.
It shall be unlawful to negligently maintain any environment, including
a room, common area, area, equipment, bed and/or furnishing, in a
condition determined to be unsanitary, infested, unclean, or unsuitable
for the health, safety, welfare and comfort of those who occupy, use
or visit said environments.
D.
It shall be unlawful to negligently allow rooms, beds, furnishings,
equipment, areas and environments that have been previously used or
occupied by others without first providing: clean, laundered and disinfected
bedding; a cleaning to eliminate the presence of foreign matter, vermin,
blood, body fluids, fecal matter or any source of contamination until
the source is eliminated, cleaned and sanitized.
E.
It shall be unlawful to knowingly allow an employee, patron, invitee
and/or visitor who is ill with a communicable disease, vermin infestation,
or source of infection to use, frequent or occupy any area, equipment,
bedding, furnishing, etc., unless that individual has been treated
medically and is no longer a reservoir of infection/infestation and
no longer communicable.
F.
It shall be unlawful to knowingly permit, authorize or allow lewd
acts on the premises of any business governed by this act.
G.
It shall be unlawful for anyone to knowingly release, convey, transfer,
spread, or expose another person or persons or to allow for a person
to spread or expose another person to any communicable disease, agent
or vermin that may result in the spread of disease.
H.
It shall be unlawful for anyone to knowingly release, convey, transfer,
spread, or expose another person or persons or allow for a person
to spread or expose another person to any communicable disease, infectious
agent or vermin that is capable of causing disease.
Any entity or person violating or failing to comply with the
provisions of this chapter shall, upon conviction thereof, be punishable
by a fine of no less than $100 nor more than $1,000, by imprisonment
not to exceed 90 days or by community service of not more than 90
days or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violations may be punished as provided above for each separate
offense.
If any section, paragraph, subparagraph, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the specific section, paragraph, clause, or provision
so adjudged and the remainder of the chapter shall be deemed valid
and effective.
This chapter shall become effective immediately after publication
in the manner provided by law.
