[Ord. 7-15-59 A2 §§ 1-90; Ord. 1-17-73 A2
§§ 71, 89; Ord. 12-26-75 A2 § 90]
The following definitions shall apply in the interpretation
and enforcement of this Code:
BOARD
Shall mean the Board of Health of the Borough of Fairview.
BOARDING HOUSE
Shall mean a house where the business of keeping boarders
generally is carried on and where a furnished room and meals are served
as a part of the accommodations.
BOROUGH
Shall mean the Borough of Fairview, in the County of Bergen
and State of New Jersey.
BUTCHER
Shall mean any person as the word "person" is herein defined,
engaged in the business of keeping, driving or slaughtering any cattle
or in the handling or selling of meats.
CAMP
Shall include any house, place, shelter or establishment
intended to be used or occupied as the living quarters, temporarily,
for or by five or more persons for a period of there or more consecutive
days.
CARRIER
Shall mean any person who harbors an infectious agent of
disease, but who, at the same time, may or may not have symptoms of
the disease.
CATTLE
Shall include cows, bulls, calves, horses, mules, asses,
goats and swine.
CELLAR
Shall mean the lowest story of any building, dwelling or
tenement house, of which 1/3 or more of the highest part thereof from
the floor to the ceiling is below ground level.
CHILL ROOM
Shall mean a room which is cooled sufficiently to prevent
spoilage of food which is intended for sale or frozen food processing.
CLEANING
Shall mean the thorough removal of contaminating material
or materials by washing with soap and hot water, scouring, airing
and exposure to air and sunlight.
CODE
Shall mean this ordinance of the Borough of Health of the
Borough, unless some other Code is expressly indicated or referred
to.
COLD PLATE METHOD
Shall mean the method whereby metal plates are cooled to
a point which, due to their peculiar construction, are able to retain
this coolness and to emanate cold air waves for certain periods of
time.
COMMUNICABLE DISEASES
Shall mean any infectious or contagious disease so declared
or defined by law or by this Code or which has been or may hereafter
be declared as such by this Board or by the State Department of Health.
CONTACT SUSPECT
Shall mean any person who has been sufficiently near or exposed
to any infected person to make probable the transmission of an infectious
or causative agent to such person.
CONTAINER
Shall be synonymous with "package" as herein defined.
CUTTING ROOM
Shall include any room or place in which food of a decomposable
nature, such as meat and seafood, must be kept sufficiently cooled
or chilled to prevent spoiling, either by cooling the cutting and
preparation room and the equipment in which it is held prior to freezing.
DENSE SMOKE
Shall mean smoke which is so dense, heavy and thick as to
prevent the seeing of objects through it at the point of emission
into the external air or the equivalent No. 3 grade of the Ringleman
Smoke Scale, the standard device used by the United States Bureau
of Mines.
DIRT
Shall mean natural soil, earth, stone or compositions thereof.
DISINFECTION
Shall mean the application of any disinfectant materials
to infected materials in sufficient concentration and for a sufficient
length of time to destroy pathogenic organism.
DWELLING
Shall mean any building or portion thereof, which is occupied,
or is intended to be occupied, as a residence or sleeping place of
one or more individuals, families or households.
FAMILY POOL
A swimming pool used or intended to be used solely by the
owner, operator or lessee thereof and his family, and by friends invited
to use it without payment of any fee.
FISH
Shall include every part of any marine or aquatic animal.
FOOD
Shall include any article used for food or beverages for
man or other animals and every ingredient therein, and all confectionery,
condiments and beverages and articles used for components of any such
articles.
FOOD ESTABLISHMENT
Shall include any bakery, confectionery, cannery, packing
house, slaughter house, dairy, creamery, cheese factory, restaurant,
hotel, grocery, meat market, frozen food locker or market or other
place or enclosure used in the production, preparation, transportation,
handling or dispensing of food intended for sale or distribution.
FRESH MEAT
Shall mean meat from animals recently slaughtered and properly
cooled until delivered to the consumer. The term "animals" as used
in this section shall include not only mammals but fish, fowl, crustaceans,
mollusks and other animals used as food.
FRESH MEAT PRODUCTS
Shall include all meat trimmings, meat by-products and meat
products made from fresh meat, except such products as are sold in
a smoked, salted or cured condition.
FROZEN FOOD
Shall mean food and foodstuffs which have been frozen solid
with or without the addition or uncontaminated water.
FROZEN FOOD LOCKER PLANT
Shall mean any place artificially cooled to or below a temperature
of 43° above zero Fahrenheit in which articles of food are sharp
frozen and stored in lockers being rented to the public.
FROZEN FOOD PROCESSING PLANT
Shall include any place where food is cleaned, cut, prepared,
chilled, blanched, sharp-frozen and packaged for "frozen food."
FROZEN FOOD VEHICLE
Shall include any type vehicle in which frozen food is transported
or from which the same is sold, dispensed or distributed.
FRUITS
Shall mean the clean, sound, edible, fleshy, fructifications
of plants, distinguished by their sweet, acid or ethereal flowers.
GARBAGE
Shall mean the accumulation of animal or vegetable matter
or both, liquid or other that tends to decay.
GRADE A FOOD
Shall mean food which has neither been decomposed nor contaminated
and is of superior quality.
HEALTH OFFICER
Shall mean the duly appointed executive officer or duly appointed
Health Officer or Inspector.
HOTEL
Shall mean any house or building where the business is of
furnishing sleeping accommodations to guests with or without meals.
HOUSE DRAIN
Shall include that part of the main horizontal drain and
its branches inside the building and connecting with the sewer, unless
otherwise herein limited or qualified.
HOUSE SEWER
Shall include that part of the main drain or sewer extending
from a point five feet outside of the outer front wall of the building
to its connections with the public sewer or other approved means of
disposal.
ISOLATION
Shall mean separation of a person affected, or suspected
of being affected, with a communicable disease, or a carrier of the
infectious or causative agent of a communicable disease from other
persons, in such a manner as will prevent the direct or indirect conveyance
of the infectious or causative agent to other persons.
JOURNEYMAN
Shall mean a practicing plumber in the employ of a master
plumber licensed by the Board.
KENNEL
Shall include any building, yard, enclosure, premises or
plot of ground used as a commercial establishment for the keeping,
raising, breeding or boarding of any dogs, or other animals.
LABEL
Shall mean a display or written, printed or graphic matter
upon the immediate container of any article and a requirement made
by or under authority of this Code that any word, statement or other
information appearing on the label shall not be considered to be complied
with unless such word, statement or other information also appears
on the outside container or wrapper, if any there be, of the package
of such article, or is easily legible through the outside container
or wrapper. The term "immediate container" does not include package
containers.
LABELING
Shall mean all labels and other written, printed or graphic
matter (1) upon an article or any of its containers or wrappers or
(2) accompanying such article.
LAUNDROMAT AND LAUNDERETTE
Shall mean and include an establishment or business which
permits the operation of coin operated machines for the purpose of
washing and/or drying laundry by the public.
LIGHT
Shall mean the condition of illumination upon which sight
depends.
LODGING HOUSE
Shall mean a house where the business of accommodating lodgers
is carried on in substantially the same manner as a rooming house
except that the unit rented as part of such accommodations is a furnished
apartment rather than a furnished room.
MARKET
Shall include every store, cellar, stand and place at which
or in which the business of buying, selling, dispensing or keeping
for sale any meat, dairy products, fowl, fish or vegetables, for human
food, is conducted or maintained.
MATERNITY HOME
Shall mean and include any home, house or other place conducted
or maintained by any person (as the word "person" is herein defined)
advertised or held out by such person as a maternity or obstetrical
home, hospital, sanitarium or place where one or more women, during
pregnancy, labor or lying-in-period, are attended, or intend to be
attended, professionally, or otherwise during any pregnancy, labor
or lying-in period.
MEAT
Shall mean and include every part of any animal (whether
mixed or not with any other substance).
MEMBER or MEMBERS
Shall mean those persons duly appointed by the Mayor and
confirmed by the Council of the Borough to constitute the Board of
Health.
MILK VENDING MACHINE
Shall mean and include any unit of construction, enclosure,
or building containing or maintaining refrigeration by means of any
form of gas, liquid or electricity, for the keeping and storage of
milk or milk products, which milk or milk products may be obtained
or purchased by the public or dispensed thereto, by means of the insertion
of a coin or coins or any form of tokens equivalent thereof.
MONTH
Means a calendar month and year means a calendar year.
MULTI-FAMILY DWELLING
Shall mean and include every house, building or portion thereof,
which is rented, leased, let or hired out to be occupied or is occupied
as a house, home or residence by three or more families living independently
of one another and doing their cooking and sleeping upon the premises.
NUISANCE
Shall mean any condition which is dangerous to human life
or health or that which renders air, water, soil or any type of food
hazardous or injurious to human life or health and as otherwise herein
defined.
NUMBER, GENDER
Whenever, in describing or referring to any person, party,
matter or thing, any word importing the singular number is used, the
same shall be understood to include and to apply to several persons
or parties, as well as to one person or party, or where a word of
masculine gender is used it shall apply to females as well as males
and to bodies corporate as well as individuals.
NURSE
Shall mean a person licensed as such under the laws of the
State of New Jersey.
PACKAGE
Shall include any wrapper, case, basket, hamper, can, bottle,
jar, tube, cask, vessel, tub, firkin, keg, jug, barrel or other receptacles,
but the word "package" shall not include open containers which permit
a visual and physical inspection by a purchaser at retail, nor bags
and other receptacles which are filled in the presence of a purchaser
at retail.
PERMIT or LICENSE
Shall mean a duly authorized permit or license of the Board,
issued in accordance with this Code or the regulations of the Board.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition
pen, not a part of a kennel, wherein dogs, cats, birds and other animals
are kept or displayed.
PLUMBER
Shall mean the practice, business or art of installing in
buildings or other places the pipes, fixtures and other apparatus
for bringing in or causing gas or water supply or removing liquid
and water carried waste.
PLUMBING SYSTEM
Of a building shall be taken to include gas or water supply
distributing pipes, the fixture traps, the soil, waste and vent pipes,
the house drain and house sewer, the storm water drainage with their
fixtures, devices, appurtenances and connections all within or adjacent
to such buildings.
POULTRY
Shall include chickens, ducks, geese, turkeys, guinea fowl,
pigeons and all other fowl commonly kept, raised and sold for human
consumption.
POUND
Shall mean any establishment designated for the confinement
of dogs seized under the provisions of the Code.
PROPERTY and OTHER PROPERTY
Unless restricted or limited by the context to either real
or personal property, shall include both real and personal property.
PUBLIC PLACES
Shall include any public place, as well as any restaurant,
lunch room, cabin, tavern, bar room, hotel and any and every establishment
or place where food or beverage is sold or offered for sale to the
public for consumption on the premises and any camp, trailer camp,
tourist home or public recreation place or any other place of business
where toilet facilities or water for drinking or culinary purposes
are available for the use of the public.
QUARANTINE
Shall mean the restriction of movement of any person who
has been exposed to a communicable disease, by confining such person
to a restricted area and the exclusion of other persons from that
area.
RECORDING THERMOMETER
Shall mean a thermometer sufficiently operating and equipped
with a recording device and a chart on which the degrees Fahrenheit
are recorded continuously.
REGISTRAR
Shall mean the person duly appointed as Registrar of Vital
Statistics by the Board.
REGULATIONS
Shall include any registrations, whether general or special,
which the Board may from time to time lawfully adopt and issue.
RESTAURANT
Shall mean and include restaurant, coffee shop, short order
care, cafeteria, luncheonette, box lunch deliverer and establishment,
caterer-deliverer and establishment, hot dog, hamburger and sandwich
stands, shops or establishments, pizzeria and diner, in which or by
whom food, meals, menus and beverages are prepared, served, handled,
dispensed and provided for the public with or without charge, privately
or publicly.
ROOMING HOUSE
Shall mean a house where the business of accommodating roomers
is carried on in substantially the same manner as a boarding house
except that no meals are served as part of such accommodations.
RUBBISH
Shall include all coal or wood ashes, all loose material
and dirt-like substance that tend to decay and all waste material
accumulated from buildings or the cleaning of buildings.
SANITARY INSPECTOR
Shall include every officer appointed by the Board to aid
in the enforcement of the sanitary laws of this State or to aid in
the enforcement of the rules, regulations and ordinances of the local
Board of Health, excepting Health Officers or other persons performing
principally clerical duties in the office of the Board.
SHARP FREEZE ROOM OR COMPARTMENT
Shall include any room or compartment equipped with mechanical
refrigeration in which food is quickly frozen to make a "frozen food"
article.
SMALL ANIMALS
Shall include rabbits, mink, dogs, guinea pigs and any other
small animal kept or raised for commercial purposes or kept and raised
for sale or for the production of meat, fur or wool, or kept and raised
for exhibition or other purposes or as a source of supply for laboratories;
provided, however, that the term, "small animals" shall not apply
if they total in the aggregate less than five in number.
SOIL PIPE
Shall include any line of pipe designed to convey the discharge
from one or more water closets, with or without the wastes from other
plumbing fixtures to the house drain.
STATE BOARD
Shall mean the New Jersey State Board of Health or any successor
or agency thereto.
STATE DEPARTMENT
Shall mean the Department of Health of the State of New Jersey.
STREET
Shall mean and include every public street, avenue, sidewalk,
gutter, highway, park or public place in the Borough.
SWIMMING POOL
A body of water in an artificial or semi-artificial receptacle
or other container whether located indoors or outdoors, used or intended
to be used for public, semi-public or private swimming by adults or
children, or both adults and children, whether or not any charge or
fee is imposed upon such adults or children, operated and maintained
by any person as herein defined, whether he be an owner, lessee, operator,
licensee or concessionaire, exclusive of a family pool as defined
herein, and shall include all structures, appurtenances, equipment,
appliances and other facilities appurtenant to and intended for the
operation and maintenance of a swimming pool and also all swimming
pools operated and maintained in conjunction with or by clubs, motels,
hotels and community associations.
TENANT
Shall mean any person, occupying any house, building or portion
thereof, which is rented, leased, let or hired out to be occupied
as a house, residence or a business establishment.
VEGETABLES
Shall mean and include every article of food, not meat, fish,
milk or eggs, that is held, offered or intended to be offered for
sale for human consumption.
VENDING MACHINES
Shall mean any vending machine dispensing any food product,
but shall not include a milk vending machine.
VENT PIPE
Shall mean any special pipe provided to ventilate the system
of piping and to prevent trap siphonage and back pressure when used
in connection with any plumbing system.
VERTICAL
Shall mean more than 45° from the nearest horizontal
plane.
WASTE PIPE
Shall mean any line of pipe designed to convey the discharge
from plumbing fixtures of any kind, except water closets.
[Ord. 7-15-59 A3 § 1]
In the construction of this Code, or any amendments hereof,
or any supplements hereto, words and phrases shall be read and construed
with their context and, unless inconsistent with the manifest intent
of the Board, as expressed herein, or unless another or different
meaning is expressly indicated, such words or phrases shall be given
the meaning expressed herein, or if no such meaning be given, their
generally accepted meaning, according to the approved usage of the
language, shall be applied. Technical, trade or commercial words and
phrases, and words and phrases having a special or accepted meaning
in the law, shall be constructed in accordance with such technical,
trade, commercial or special and accepted meaning.