[Ord. No. 2007-24 § 1]
The following definitions shall apply to all sections adopted
herein by the Governing Body sitting as the Board of Health of the
Township:
Shall mean a small enclosure used for the confinement or
safekeeping of domestic animals
Shall mean any domesticated or tamed animal that is kept
as a companion or for amusement, including feral animals that are
fed or cared for.
Shall mean any of various mammals of the order Rodentia,
including the mouse, rat, squirrel or beaver, characterized by large
incisors adapted for gnawing or nibbling.
Shall mean a building for the lodging and feeding of domestic
animals, adequate for housing a horse or pony.
Shall mean various objectionable animals collectively, especially
those of small size that appear commonly and are destructive, bothersome,
undesirable or injurious to health, including flies, lice, fleas,
bedbugs, cockroaches, mice and rodents.
Shall mean and refer to an animal, which is not tamed, domesticated
or otherwise maintained by an individual, living in a state of nature.
[Ord. No. 2007-24 § 1]
a.
Maximum Penalty. Any person violating any of the provisions of any
chapter adopted by the Board of Health of the Township shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than
$500 for each offense. Complaint shall be made in the Municipal Court
of the Township 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.
b.
Separate Violations. Except as otherwise provided, each and every
day in which a violation of any of the provisions of any chapter adopted
by the Board of Health exists shall constitute a separate violation.
[Ord. No. 2007-24 § 1]
All fees and penalties collected under any provision of any
chapter adopted by the Board of Health shall be paid to the Treasurer
of the Township of Fairfield.
[Ord. No. 2007-24 § 1]
The Governing Body of the Township of Fairfield shall act as
the Board of Health of the Township and all references herein to the
"Board" shall refer to the Governing Body sitting as the Board of
Health.
[Ord. No. 2007-24 § 1]
The Health Department of the Township of Fairfield shall issue
all licenses authorized by the Board.
[Ord. No. 2007-24 § 1]
There shall be a Registrar of Vital Statistics, who shall be
responsible to the Board of Health.
[Ord. No. 2007-24 § 1]
There shall be a Health Officer of the Board of Health, who
shall be responsible to the Board of Health. The Health Officer shall
hold the necessary license. He shall be appointed by the Board of
Health for a term of one year, or such other term provided for in
an Interlocal Agreement regarding the provision of health services.
The Health Officer or his/her duly designee licensed shall, subject
to the superior authority of the Board, be the general agent of the
Board for the enforcement of its ordinances and the sanitary laws
of the State.
[Ord. No. 2007-24 § 1]
There shall be, when appointed by the Board, special health
reporting officers of the Board of Health, who shall promptly report
to the Board every violation of health ordinances, rules and regulations
which may come within their observation or knowledge. The Police and
Fire Officers of Township may be designated special health reporting
officers of the Board of Health.
[Ord. No. 2007-24 § 1]
The Board may employ, appoint or retain such other personnel
as it may deem necessary, including technicians, inspectors and others
necessary to carry out the powers vested in the Board by law and by
this Code. All such personnel shall, where required, be appropriately
licensed.
[Ord. No. 2007-24 § 1]
Whenever the Health Officer 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 Code:
a.
Power to Prevent the Sale of Food. The Health Officer may prohibit,
the importation into the Township 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.
b.
Power to Seize and Destroy Unwholesome Food. 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.
[Ord. No. 2007-24 § 1]
a.
Inspection of Premises. The Board of Health, its agents and employees
shall have the right to inspect any premises in the Township if they
have reason to believe that any provision of this Code is being violated
or as part of a regular program of inspection.
b.
Search Warrant. If the owner or occupant of any premises refuses
to permit entry for the purpose of inspection, the Board of Health
or Health Officer may apply to the Municipal Judge 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 provided a reasonable basis for believing
that a nuisance or unsanitary or unhealthy condition exists on the
premises. If the Judge 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.
[Ord. No. 2007-24 § 1]
a.
Notice to Abate Nuisance.
1.
Whenever anything declared by this code to be a nuisance or any unsanitary
or unhealthy condition is found on any premises within the Township,
notice shall be given to the owner or person in control of the premises
to remove or abate it within the time specified not less than five
days from the date of service in the notice.
2.
Whenever anything declared by this code 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 health officer may remove or abate such nuisance or condition
in the manner provided for a like condition existing on a private
premises or place.
b.
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection 8-2.9a, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Health Officer shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by which means as shall be deemed proper.
c.
Recovery of Costs.
1.
Whenever any cost or expense is incurred by the Township as a result
of the Health Officer abating or removing or causing to be abated
or removed any nuisance or unsanitary or unhealthy condition, such
costs and expense may be recovered in the following manner:
(a)
In all cases where practical and permitted by law, such costs
shall be certified to the tax assessment authority and shall be a
part of the taxes next assessed against the premises upon which the
nuisance or unsanitary or unhealthy condition was located.
2.
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 Code.
[Ord. No. 2007-24 § 1]
The Board of Health may, by resolution, make rules and regulations
which interpret or amplify any provision 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
provisions 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 .
[Ord. No. 2007-24 § 1]
The fees for certified copy of a marriage license or for a birth
or death certificate shall be $10 per copy, or as otherwise permitted
by statute.
[Ord. No. 2007-24 § 1]
No person shall have or keep or maintain in his possession any
goats, sheep, swine, cattle or wild animals on any lands or premises
within the limits of the Township. Any resident, however, owning and
maintaining any of the enumerated animals as pets on its premises
on January 1, 2008, may continue to keep and maintain the same, provided
that the resident shall report the animal to the Health Officer within
30 days of January 1, 2008, and a permit shall be issued to the owner
without fee.
[Ord. No. 2007-24 § 1]
a.
Keeping of Horses or Ponies Regulated.
1.
Not more than one horse, pony or other equine animal shall be kept,
harbored or maintained on a lot in a residential zone having less
than two acres in extent.
2.
Not more than three horses, ponies, or other equine animals may be
kept on a lot in a residential zone of three acres or more. The pen,
corral, enclosure or stable shall not be less than 20 feet from the
adjacent property lines and shall be at least 100 feet from any neighboring
dwelling.
3.
The stable shall be defined as an adequate structure for housing
a horse or pony. No structure housing a horse or pony shall be located
nearer than 20 feet to any adjacent property line or 100 feet to any
neighboring dwelling.
4.
Stables must be built so as not to create offensive odors, fly breeding
or other nuisances.
5.
Manure must he collected and removed daily or maintained in a sanitary
manner so as to prevent offensive odors, fly breeding or other nuisances.
b.
Commercial Activity Prohibited. Nothing herein contained shall authorize
or permit the conducting of a commercial enterprise or activity on
any premises situated in a residential zone under the provisions of
XLV Zoning, of the Township Code, and any such commercial activity,
including the rental of horses and ponies or any other commercial
activity, is prohibited. Where the owner of any property has granted
permission to any person permitting the use of his premises for the
purpose of keeping, harboring or maintaining any horses or ponies
upon his premises as herein limited and provided, then and in that
event the owner shall file with the Board of Health a copy of any
agreement, permit or license to the person making use of his premises
for such purpose, with his post office address, in order that the
Board of Health may be informed of the use of the premises by persons
other than the owner, so that notice of any violation of the terms
and provisions of health s of this Code can be given to the tenant
or occupants of the premises.
[Ord. No. 2007-24 § 1]
a.
Keeping of Small Animals and Fowl.
1.
No person shall keep on his property or in his possession, or permit
to be kept, any small animal, live chickens, pigeons or other fowl
in excess of four in number without first having obtained a permit
from the Board of Health to keep the same, on forms provided by the
Board of Health. The keeping of roosters is prohibited.
2.
No person shall keep on his property or in his possession more than
three adult dogs and three adult cats without having first obtained
a permit from the Board of Health. An adult dog or cat shall be defined
as an animal six months in age or older.
3.
Any person owning more than three adult dogs and three adult cats
before January 1, 2008, is permitted to keep and maintain the same.
b.
Regulations. The following rules and regulations shall govern the
keeping of small animals, as herein defined, live chickens, pigeons
or other fowl:
1.
No person shall keep or permit to be kept more than four small animals,
live chickens, pigeons or other fowl without first having obtained
a permit from the Board of Health.
2.
No such animals or fowl shall be kept in any dwelling house, store
or building occupied by human beings.
3.
Small animals or fowl shall be at all times kept outdoors in an enclosure,
the location and size of which shall be approved by the Health Officer
of the Board of Health.
4.
Such animals without a permit, as above stated, shall be limited
to four in number. Fowl shall be limited to six in number, and pigeons
shall be limited to 12 in number.
5.
Such animals shall not be permitted to run at large, and such fowl
shall not be permitted to fly at large, within the Township, except
that pedigreed homing, high-flying or air-performing pigeons may be
permitted to fly for exercise or training at the discretion of the
owner, provided that such flight shall not be or become a public nuisance.
c.
Pen Construction Regulated. The construction, location and maintenance
of sheds, coops, pens and other structures in which animals or fowl
are kept or housed shall comply with the following requirements:
1.
No structure shall be built or maintained which is less than 50 feet
from the doors or windows of any neighboring dwelling or less than
10 feet from any neighboring property line.
2.
All such places shall be kept in good repair, shall have floors impervious
to moisture and shall be waterproof, free from rodents, vermin, properly
lighted and ventilated and in a clean and sanitary condition at all
times.
3.
All plans for such structures and all structures intended for the
use of housing such animals or fowl shall be in accordance with the
Construction Codes of the Township.
4.
A wire porch attached to the structure in which fowl are to be kept
may be permitted. Such porch shall be at least one foot above the
surrounding ground and shall consist of one inch mesh hardware cloth
for the floor with any convenient size wire for the sides and top
and shall not extend more than four feet from the house or coop.
d.
Sale of Small Animals or Fowl. No person shall sell or keep for sale
live rabbits or live poultry, including chickens, geese, ducks, turkeys
or other fowl, without having first been issued a permit to do so
by the Board of Health. This permit does not give the licensee the
right to slaughter or dress animals or fowl.
e.
Permit Fees. The fee for the issuance of any permits required by
this shall be $10, unless stated otherwise.
[Ord. No. 2007-24 § 1;
amended 5-25-2022 by Ord. No. 2022-05]
A code regulating and controlling the location and construction,
alteration and operation of public recreational bathing facilities,
the issuance of permits to locate and construct, alter or operate
public recreational bathing facilities and declaring and defining
certain public recreational bathing facilities as nuisances and fixing
penalties for violation is hereby adopted pursuant to N.J.A.C. 8:26
et seq. A copy of the code is annexed to this chapter and made a part
of it without inclusion of the text.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly
known as the New Jersey State Sanitary Code, 9, Public Recreational
Bathing Facilities.
[Ord. No. 2007-24 § 1]
Three copies of the New Jersey State Sanitary Code, 9, Public
Recreational Bathing Facilities have been placed on file in the offices
of the Secretary of the Board of Health and the Township Clerk/Administrator
for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
"Swimming Pool" as defined in the Code[1] does not include swimming or wading pools established
or maintained upon any premises by any individual for his own or his
family's use or guests of his household.
[Ord. No. 2007-24 § 1]
No person shall locate and construct, alter or operate a swimming
pool until permits therefor shall have been issued by the Board of
Health.
[Ord. No. 2007-24 § 1]
The following fees and charges are herewith established.
[Ord. No. 2007-24 § 1]
Permits issued for the operation of a swimming pool shall expire
annually on December 31 of each year, and application for renewal
thereof shall be submitted, together with the required fee, prior
to April 1 of each year.
[Ord. No. 2007-24 § 1;
amended 5-25-2022 by Ord. No. 2022-05]
a.
Permits required for this section or Code may be denied or suspended
by the Board of Health for failure to comply with this section or
Code.
b.
The Board of Health shall afford the person whose permit to locate
and construct, alter or operate has been denied or suspended an opportunity
to be heard in public hearing and, following this, to be informed
of the Board's decision as provided by State Code.
[Added 5-25-2022 by Ord.
No. 2022-05]
As used in this section:
Any above-surface type of swimming, bathing or wading pool
or tank not designed nor intended to be permanently affixed to the
ground and which is Capable of being removed for storage.
Any artificially constructed swimming pool, wading pool or
tank, permanent or portable in nature, either more than 18 inches
in water depth at any point or more than 100 square feet in water
surface area, which is designed, used or intended to swimming, bathing
or wading purposes and which is established or maintained upon any
premises by any person for his own use or for the use of his family
or for the use of guests of his household.
[Added 5-25-2022 by Ord.
No. 2022-05]
a.
All portable pools, unless enclosed by a fence or wall of the type
and dimensions hereinafter specified, shall be either:
1.
Emptied when not in use or properly supervised; or
2.
Covered with a suitable, strong, protective covering securely fastened
or locked in place, which covering shall support at least a minimum
dead weight of 100 pounds when not in use or properly supervised;
provided, however, that any portable pool erected above the ground
to a height of at least four feet and the sides of which are so constructed
as not to permit access to the water area by climbing shall not be
required to be enclosed by the hereinafter described fence or wall.
[Added 5-25-2022 by Ord.
No. 2022-05]
a.
All pools shall have adequate filtering, circulation, clarification
and chlorination, all subject to the approval of the Board of Health.
b.
Any private swimming pool which is not equipped with appropriate
facilities for recirculation and reuse of water used therein may be
subject to closure and discontinuance of further use by order of the
Board of Health, Zoning Official or Construction Official.
[Added 5-25-2022 by Ord.
No. 2022-05]
During any period of emergency water shortage any private swimming pool may be subject to closing and discontinuance of further use by order of the Department of Community Services or any of their authorized agents. Failure to close shall result in daily issuance of penalties set forth in § 8-4.15.
[Added 5-25-2022 by Ord.
No. 2022-05]
a.
No private swimming pool which is in existence now or constructed,
installed or established hereafter shall be permitted to overflow
or drain onto any neighboring public or private property.
b.
Pool water shall not be drained in storm drains, public streets or any other venue that is not outlined in provision § 8-4.13(c).
c.
Pool water shall only be drained to sanitary sewer via interior sink.
[Added 5-25-2022 by Ord.
No. 2022-05]
Every private swimming pool presently maintained or hereafter
constructed or established in the Township shall at all times comply
with the requirements of health authorities having jurisdiction in
the premises, and any nuisance or hazard to health which may exist
or develop in or in consequence of or in connection with any such
private swimming pool shall forthwith be abated and removed by the
person in possession of the private swimming pool upon receipt of
notice from the Building Official, Board of Health, Zoning Officer
or other authorized person so requiring.
[Added 5-25-2022 by Ord.
No. 2022-05]
Any person who violates any provision of this chapter or who
refuses to comply with a lawful order or directive of the health authority
shall be liable for penalties set forth at N.J.S.A. 26:1A-10 and penalties
under all other applicable laws, and/or injunctive action as provided
by law.
[Ord. No. 2007-24 § 1]
A code defining and prohibiting certain matters, things, conditions
or acts and each of them as a nuisance, prohibiting certain noises
or sounds, requiring the proper heating of apartments, prohibiting
lease or rental of certain buildings, prohibiting spitting in or upon
public buildings, conveyances or sidewalks, authorizing the inspection
of premises by an enforcing official, providing for the removal or
abatement of certain nuisances and recovery of expenses incurred by
the Board of Health in removing or abating such nuisances and prescribing
penalties for violations is hereby established pursuant to N.J.S.A.
26:3-69.1 et seq. the provisions of which are incorporated herein
by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly
known as the "Public Health Nuisance Code of New Jersey (1953)."
[Ord. No. 2007-24 § 1]
Three copies of the Public Health Nuisance Code of New Jersey
(1953) have been placed on file in the offices of the Secretary of
the Board of Health and the Township Clerk/Administrator for the use
by and examination of the public.
[Ord. No. 2007-24 § 1]
It shall be unlawful for the owner or owners who have agreed
to supply heat to any building designed to be occupied as a residence
to fail to supply heat from the first day of October in each year
to the first day of May of the succeeding year in such a manner that
the temperature of the building where one or more persons reside shall
be kept at 68° F. or above between the hours of 6:00 a.m. and
10:00 p.m. and at 60° F. or above between the hours of 10:00 p.m.
and 6:00 a.m.
[Ord. No. 2007-24 § 1]
A code regulating retail food establishments and food and beverage
vending machines and fixing penalties is hereby established pursuant
to N.J.S.A. 26:3-69.1 et seq. the provisions of which are incorporated
herein by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly
known as the "New Jersey State Sanitary Code, 12, Sanitation in Retail
Food Establishment and Food and Beverage Vending Machines."
[Ord. No. 2007-24 § 1]
Three copies of the New Jersey State Sanitary Code, 12, Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines
have been placed on file in the offices of the Secretary of the Board
of Health and the Township Clerk/Administrator for the use by and
examination of the public.
[Ord. No. 2007-24 § 1]
a.
No person shall conduct, maintain or operate a retail food establishment
in the Township of Fairfield as specified in 12 of the State Sanitary
Code, (N.J.A.C. 8:24 and N.J.S.A. 26:1A-7) without first obtaining
a license issued by the Board of Health.
b.
All applications for the renewal of retail food licenses and the
required fees must be received by the Health Officer no later than
July 31 of the year in which the current license shall expire. License
application fees are nonrefundable. All licenses shall expire on June
30 of the following year.
c.
Whenever the owner of a retail food establishment fails to renew
their retail food license and pay the required fees by September 1
of the year their license expires, the owner shall be assessed and
the Board reimbursed a fee of $50.
d.
A person purchasing a retail food establishment shall apply for a
new license no later than 10 days prior to commencing operation under
new ownership. Operators of retail food establishments are required
to notify the Board of Health of the impending sale of the establishment
no later than 30 days prior to the sale.
[Ord. No. 2007-24 § 1]
The Health Officer or his/her designee shall provide the holder
of the retail food license with written notice of any violations of
the provisions of this . The notice shall specify the violations found,
the required remedial action and a reasonable time period to correct
or abate such violations. If the violations are not corrected or abated
within the time set forth in the notice, the license may be suspended
or revoked. If, in the opinion of the Health Officer or his/her designee,
the violation(s) constitute an imminent health threat, the license
may be suspended or revoked.
[Ord. No. 2007-24 § 1; Ord. No. 2010-05]
The fees for licenses and certificates under this shall be
as follows:
a.
All retail food establishments with a seating capacity:
|
0-50 seats
|
$75
|
|
51-100 seats
|
$135
|
|
101-150 seats
|
$200
|
|
151+ seats
|
$265
|
b.
Take-out only, with no seating on premises:
|
0-1,500 square feet
|
$75
|
|
1,501-3,000 square feet
|
$135
|
|
3,001-4,500 square feet
|
$200
|
|
4,501+ square feet
|
$265
|
c.
Caterers and mobile units:
|
Package foods (per truck)
|
$150
|
|
Packaged ice cream, soda or confectionery ONLY (per truck)
|
$75
|
d.
Food and/or beverage vending machine: $30 per machine
e.
Temporary food event (five days or less). First day: $30 per vendor;
each additional day $10 per vendor.
f.
Prepackaged snacks and confectionery products only: $45.
g.
Nonprofit (religious, public school, etc.): no fee.
h.
Food Handler's Certificate. Application for a food handler's certificate
shall be made to the Board of Health for a fee of $10 to be paid upon
the filing of said application. Each food establishment shall send
a minimum of one manager and/or employee to the Township's Annual
Food Handler's Certification Course.
i.
Food and Beverage Vending Machines. The annual license fee to engage
in the business shall be $30 for all types of food and beverage vending
machines. However, where any of the following are vended by machine,
there shall be an additional annual fee of $15 for each machine vending
the following: bulk soft drinks, bulk food products, bottled or bulk
milk, soup, coffee, hot cocoa or chocolate, fruit juices, cake, pastry,
pie, buttered popcorn, sandwiches and ice cream.
j.
Reinspection Fee. Whenever additional inspections are necessitated
by reason of classification of a retail food establishment as "conditionally
satisfactory" or "unsatisfactory" beyond one initial inspection, the
owner(s) shall be assessed and the Township reimbursed for the cost
of such inspections in the amount of the original license fee applicable
to the premises.
[Ord. No. 2007-24 § 1]
The New Jersey State Sanitary Code, 12 is hereby amended as
follows:
|
a.
|
Section 8:24-6.6, Size, installation and maintenance of plumbing.
Subsection (a) is amended by adding the following:
| |
|
6.
|
All restaurants, supermarkets and butcher shops must install
and properly maintain grease traps. The purpose of said devices shall
be to separate, capture and contain all rendered animal fat, all oily
matters and all thick lubricants from wastewater discharging from
any of the aforementioned food establishments into the sewer system.
| |
|
7.
|
In addition to routine inspections by the Health Department,
all restaurants, supermarkets and butcher shops must employ at their
own expense a licensed plumbing inspector to conduct an annual inspection
of their grease traps and connecting wastewater lines to ensure that
waste oil and grease is being adequately removed from wastewater being
discharged into the sewer system. The inspector will be required to
provide a formal inspection report to the Health Department containing
his observations.
| |
|
b.
|
By the addition of the following: Food Equipment and Utensils.
Design, Construction, and Materials; Equipment used or intended to
be used for grinding or other processing of pork meats shall be used
exclusively for such processing of pork and shall not be used for
grinding or processing and intermingling of any other meats.
| |
[Ord. No. 2007-24 § 1]
No vending machine, as defined in the code, shall be stationed
in the open area of any premises but shall be confined to an indoor
area available to the public during the regular business hours of
the day.
[Ord. No. 2007-24 § 1]
No person shall sell or offer for sale or distribution milk,
milk products or fluid milk products as specified in N.J.S.A. 24:10-57.1
et seq. without a license issued by the Board of Health.
[Ord. No. 2007-24 § 1]
Application for a seller's license shall be filed with the Secretary
of the Board of Health upon forms supplied by the Board, and a license
shall be issued to the applicant upon compliance by him with all of
the relevant laws of the State of New Jersey, ordinances, rules and
regulations of the Board of Health and payment of the license fee.
[Ord. No. 2007-24 § 1]
The license fee for distribution or sale of milk, as above set
forth, shall be the sum of $10 for each wagon, vehicle, milk plant,
milk depot or premises used for such purpose.
[Ord. No. 2007-24 § 1]
Whenever the Board has reason to believe that any licensee is
operating in violation of state law or regulations or ordinances of
the Board of Health and shall additionally find that suspension of
the license is necessary for the protection of the public health,
then the license may be suspended forthwith pending a hearing to ascertain
the facts. Such hearing shall be held with dispatch upon the request
of the licensee. Upon proof satisfactory to the Board that a violation
has occurred, the license may be suspended or revoked. The Board may
terminate a revocation or suspension upon proof satisfactory to it
that the violation has been corrected.
[Ord. No. 2007-24 § 1]
A code regulating the use, operation and maintenance of coin
operated dry-cleaning establishments and licensure thereof, authorizing
inspection of dry-cleaning establishments and operations connected
therewith and fixing penalties for violations thereof is hereby established
pursuant to N.J.S.A. 26:3-69.1 et seq. the provisions of which are
incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The code established and adopted by this is described and commonly
known as the "Coin-Operated Dry-Cleaning Establishment Code of New
Jersey (1962)."
[Ord. No. 2007-24 § 1]
Three copies of the Coin-Operated Dry-Cleaning Establishment
Code of New Jersey (1962) have been placed on file in the offices
of the Secretary of the Board of Health and Township Clerk/Administrator
for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
The annual permit fee shall be $10 per machine, and the fee
shall be paid to the Treasurer of the Township.
[Ord. No. 2007-24 § 1]
A code declaring ragweed and poison ivy to be a nuisance, providing
for removal or abatement thereof and recovery of expenses incurred
by the Board of Health in removing or abating such nuisance and prescribing
penalties for violations is hereby established pursuant to N.J.S.A.
26:3-69.1 et seq. the provisions of which are incorporated herein
by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this section is described
and commonly known as the "Weed Control Code of New Jersey (1953)."
[Ord. No. 2007-24 § 1]
Three copies of the Weed Control Code of New Jersey (1953) have
been placed on file in the offices of the Secretary of the Board of
Health and the Township Clerk/Administrator for the use by and examination
of the public.
[Ord. No. 2007-24 § 1]
The construction, installation, maintenance and operation of
incinerators is regulated by State or Federal law, codes, rules and
regulations. Inspections, when required by the Township, shall be
made by the Board of Health or their designated agency.
[Ord. No. 2007-24 § 1]
All owners of property along the lines of any sewers in the
Township shall within 90 days connect their houses and other buildings
with the sewer adjoining the property upon notice from the Board of
Health to make the connections. A notice served by delivering the
same to the owner of the property or by leaving the same at the residence
of the owner with a member of the family above the age of 14 years
and explaining the contents thereof, or, in case of a nonresident
owner, by serving the same upon the resident agent, if any, or by
mailing the same by registered mail to the owner's last known post
office address shall be deemed a legal notice.
[Ord. No. 2007-24 § 1]
No person shall conduct a rummage sale or a sale for secondhand
or used clothing or bedding without a written permit from the Health
Officer. The permit shall be issued only after the clothing, bedding,
etc. have been washed, boiled or disinfected to the satisfaction of
the Health Officer. No articles from any house that has held a case
of communicable disease shall be offered for sale.
[Ord. No. 2007-24 § 1]
a.
Required. No person shall own, possess, harbor or have in custody
any dog or cat over six months of age unless the dog or cat has been
vaccinated against rabies by a licensed veterinarian, the vaccination
to consist of one injection of not less than five cubic centimeters
of anti-rabies vaccine of standard and accepted formula and manufactured
under a license of the United States Bureau of Animal Husbandry of
the Department of Agriculture. Vaccinations shall be repeated at least
once during every three years; provided, however, that where inoculations
may be dangerous to any dog or cat by reason of age or illness, such
inoculation may be excused for a period of six months only upon the
filing of a certificate from a licensed veterinarian, certifying that
such inoculation is harmful to the dog or cat.
b.
Services Provided by Township. The Board of Health may annually,
during a period of not less than two weeks, to be designated by it,
make available to all owners of dogs or cats within the Township free
inoculation of dogs or cats from rabies and shall provide the necessary
serum and furnish a duly licensed veterinarian to perform inoculations.
The cost and expense shall be certified to the Mayor and Council and
paid out of the funds received from dog license fees.
c.
Certificates. The person owning, harboring, possessing or having
custody of any dog or cat shall obtain from a veterinarian who inoculates
any dog or cat against rabies a certificate that can be presented
to the Township as proof that the dog or cat has been immunized.
[Ord. No. 2017-20 § 8-11]
As used in this section, the following terms shall have the
meanings indicated:
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, the following techniques:
1. Body piercing, 2. Tattooing, and 3. Permanent cosmetic.
Any place or premises, whether public or private, temporary
or permanent in nature or location, where the practices of body art,
whether or not for profit, are performed, provided it is compliant
with the Fairfield Township Zoning Ordinance.
Any person that performs the act of tattooing, permanent
cosmetics and/or ear and body piercing.
Written approval from the Department that said tattoo studio
has been inspected and meets all of the requirements of this section.
The Department of Health of the Township of Fairfield or
its duly authorized agent, officer or inspector.
A license issued to the owner of a tattoo studio to operate
a business under the provisions of this section.
Any individual, firm, company, partnership, corporation or
association that owns and/or operates an establishment where body
art is performed.
A registration issued to a tattoo artist under the provisions
of this section.
Any method of placing nontoxic inks or pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This includes all forms of permanent cosmetics.
Any booth, building, room, shop, store, structure, or portion
thereof, where body art procedures are temporarily performed during
a trade show, product demonstration, educational seminar, or special
event, for a period of time not more than 14 days.
[Ord. No. 2017-20 § 8-11.1]
This section shall govern all businesses that offer tattooing,
permanent cosmetics, and ear and body piercing to the public with
the exception of a physician who is authorized by the State Board
of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6
et seq. Under the authority of N.J.S.A. 26:1A-9, the provisions of
this section are enforceable by the New Jersey State Department of
Health and Senior Services and the Township of Fairfield Health Department.
[Ord. No. 2017-20 § 8-11.2]
A code regulating body art establishments and fixing penalties
is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy
of the code is annexed to this section and made part of it without
the inclusion of text.[1]
[1]
Editor's Note: A copy of this code may be found on file in
the Township offices.
[Ord. No. 2017-20 § 8-11.3]
The code established and adopted by this section is described
and commonly known as the "New Jersey State Sanitary Code, 8, Body
Art Procedures N.J.A.C. 8:27-1 et seq.
[Ord. No. 2017-20 § 8-11.4]
a.
No body art establishment shall be permitted to open for operation
until the Health Department has given formal approval by issuance
of an appropriate license. All licenses shall expire on December 31
of each year.
1.
The license shall be displayed in a conspicuous place on the premises
where it may readily be observed by all clients.
2.
No person shall operate a body art establishment whose license has
been suspended.
3.
Proof of professional malpractice liability insurance for each practitioner
shall be provided to the Health Department as part of the initial
and renewal license application.
[Ord. No. 2017-20 § 8-11.5]
a.
Any person desiring to engage in body art shall submit an application
to the Department of Health in the form prescribed by said Department.
b.
A fee as provided in this , shall be required for the initial application.
A fee shall be required of each new applicant, said fee shall be no
more than $125.
c.
All fees paid pursuant to this section are nonrefundable.
[Ord. No. 2017-20 § 8-11.6]
No person, partnership, firm or corporation shall operate a
body art establishment unless such person, partnership, firm or corporation
has registered such shop with the Department of Health and has received
a certificate of inspection from said Department. No certificate of
inspection shall be issued unless the establishment was inspected
by the Department of Health and found to be in compliance with the
requirements of this section. (N.J.A.C. 8:27-1)
[Ord. No. 2017-20 § 8-11.7]
a.
Any person desiring to construct, expand, alter, or operate a body
art establishment shall apply in writing to the Health Department
for review and approval before such construction, expansion, alteration
or operation is begun. Such application shall include the following
information:
1.
The applicant's legal name, home address and telephone number, full
business name, business address, post office address and telephone
number. The application shall also include whether the applicant is
an individual, partnership, firm or corporation. If the applicant
is a partnership, the names and addresses of the partners shall be
included on the application. If the applicant is a corporation, the
names and addresses of all corporate officers shall be included on
the application;
2.
Applications must be accompanied by a nonrefundable license fee and
an additional nonrefundable fee for each artist performing procedures
at the establishment specified on the application, as set forth in
this .
(a)
An application for a license renewal shall be accompanied by
a fee, as set forth in this . Any change of ownership shall require
a new application and license with payment of fees therefor.
(b)
All licenses shall expire on the 31st day of December annually.
In the event that renovations and/or alterations are made to the body
art establishment, plans must be submitted to the Department of Health
and the applicant will be required to comply with building and construction
codes.
3.
A statement of approval from the municipal agency responsible for
the administration of planning and zoning ordinances for the proposed
construction or expansion of the body art establishment;
4.
A complete description of all services to be provided, the proposed
hours of operation, the name of the operator and the names of all
practitioners and their exact duties, a copy of the informed consent
for each procedure;
5.
The names and addresses of all manufacturers of processing equipment,
instruments, jewelry, and inks used for any and all body art procedures;
6.
A certificate of current professional malpractice liability insurance;
7.
All construction, expansion or alteration to the building, structures,
and facilities used by the public shall comply with the Barrier Free
Subcode, N.J.A.C. 5:23-7.1 et seq.; and
8.
All construction expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
b.
Plans and specifications must accompany the application and shall
illustrate the location of the proposed establishment and a floor
plan of the establishment as it is proposed to be operated. An exact
inventory of all processing equipment as it is to be used. Plans shall
indicate the layout of the reception area, the procedure areas, the
cleaning and sterilization area, the storage area and the toilet facilities,
in accordance with the requirements set forth in N.J.A.C. 8:27-1.1
et seq.;
1.
All construction, expansion or alteration to the building, structures,
and facilities used by the public shall comply with the Barrier Free
Subcode, N.J.A.C. 5:23-7.1 et seq.; and
2.
All construction expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
[Ord. No. 2017-20 § 8-11.8]
In addition to any other penalty that may be imposed by Subsection 8-11.13, after due notice and hearing before the Health Officer of the Township of Fairfield, the Department may suspend or revoke any body art practitioner registration, any license to operate a body art establishment issued pursuant to this section for violations of the provisions of the section.
[Ord. No. 2017-20 § 8-11.9]
In order to qualify for a certificate of inspection there must
be compliance with the following requirements:
a.
The establishment shall be so located or constructed as to prevent
the contamination of the work areas of the establishment by dust from
the street or sidewalk.
b.
The building and equipment shall be maintained in a state of good
repair at all times. All parts of the establishment shall be kept
neat, clean and free from litter and rubbish.
c.
All walls, ceilings and floors shall be smooth, made of nonporous
material and easily cleaned. Walls, ceilings and floors shall be kept
clean and free from dust and debris. The floor shall be swept and
wet mopped daily. Floors, walls or ceilings shall not be swept or
cleaned while tattooing is in operation.
d.
Adequate light and ventilation shall be provided.
e.
At least one hand-sink with hot and cold running water under pressure,
and equipped with wrist, foot, or sensor operated controls and supplied
with liquid soap, disposable paper towels and refuse containers shall
be readily accessible and provided for every two work stations within
the body art establishment.
f.
Adequate toilet, urinal and hand washing facilities shall be available
on the establishment premises for the use of customers and body art
practitioners. Toilets, urinals and hand washing facilities shall
be maintained in a sanitary condition at all times.
g.
Furniture in the procedure rooms shall be of non-porous materials
and cleaned and sanitized after each use. The surface of all work
tables shall be constructed of metal or other material which is smooth,
light-colored, nonabsorbent, corrosive-resistant and easily cleanable
and cleaned and sanitized after each use.
h.
The body art establishment shall have a waiting area that is physically
separated from workstations.
i.
Proper closed cabinets for the exclusive storage of instruments,
dyes, pigments, carbon stencils and other paraphernalia used in the
studio shall be provided for each body art practitioner. Sharps containers
shall be made available at each location.
j.
The body art establishment shall have proper facilities for the disposition
of waste materials. Written plans are to be submitted to the Health
Department for proper disposal.
k.
No smoking shall be permitted in any body art establishment.
l.
The holder of any license to operate shall not allow a body art practitioner
to perform in his/her body art establishment unless the body art practitioner
is the holder of a valid registration as defined in this section.
m.
The holder of a "license to operate" shall maintain proper records
for each patron. A record of each patron shall include the date on
which he/she had the body art performed, his/her name and his/her
signature, address and age, the design of the body art and its location
on his/her body, and the name of the body art practitioner who performed
the service. These records shall be entered in ink or indelible pencil
in a bound book kept solely for this purpose. This book shall be available
at reasonable hours for examination by the Department of Health or
any law enforcement officer and shall be preserved for at least three
years from the date of the last entry therein.
n.
Only body art shall be permitted in the body art establishment.
o.
Only single use, all disposable equipment that comes into contact
with clients' skin and bodily fluids shall be used. Single use items
shall not be used on more than one client for any reason. This includes
but is not limited to: tubes, needles, cartridges, grips, clamps and
markers.
p.
Aluminum foil or plastic covers shall be used to protect items and
surfaces that may become contaminated by blood or saliva during use
and that are difficult or impossible to clean and disinfect. These
coverings shall be removed, discarded, and replaced with clean material
between clients.
q.
It shall be a violation of this section for anyone or any tattoo
business to perform body art on an individual under 18 years of age
without the presence, written consent, and proper identification of
a parent or legal guardian. The operator shall be responsible for
maintaining a copy of the birth certificate, original consent form
and copies of all consent information for a period of three years.
The operator shall obtain a copy of government issued photographic
identification of all the individuals being tattooed and all records
shall be available for inspection upon request.
r.
Each person wishing to receive a tattoo must first apply to the operator,
on a form approved by the Health Department. 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.
s.
All records regarding tattoos are to be maintained for a minimum of three years. Information required for each applicant referred to in Subsection r is to include the name, age, date of birth, address and telephone number of the applicant as well as the design and location of the tattoo.
t.
All infections resulting from the practice of tattooing which become
known to the operator shall be promptly reported to the Health Officer
by the person owning or operating the tattoo establishment or by the
tattoo artist.
[Ord. No. 2017-20 § 8-11.10]
a.
The body art practitioner will use standards of aseptic technique
in tattooing, dressing and other operations that are approved by the
Department of Health. He/she will use only such germicides and dressings
as are approved by said Department. All instruments, needles, stencils,
dyes, pigments, dressing materials, razors, and other equipment used
by the body art practitioner while tattooing shall be sterile.
b.
The following minimum standards shall be observed at all times.
1.
No person, except a duly licensed physician, shall practice body
art in any place other than a body art establishment for which a certificate
of inspection has been issued.
2.
It shall be unlawful to perform any body art procedure on an individual
who is under the influence of intoxicating liquor or drugs.
3.
It shall be unlawful to perform any body art procedure on an individual
under the age of 18 years without the notarized written consent of
a parent(s) or legal guardian of such individual and copy certified
birth certificate. Such written consent and birth certificate shall
be kept on file as provided in this section.
4.
No person with any disease in a communicable form or suspected of
having such disease shall engage in body art. Such diseases may include
but shall not be limited to the common cold, influenza, tuberculosis,
scabies, impetigo, syphilis, chickenpox, measles (rubeola), German
measles (rubella), mumps, whooping cough, hepatitis, AIDS, infection
on hands or arms, sore throat or jaundice of the skin or sclera. The
Department of Health may require a certificate signed by a duly licensed
physician stating that said person is free from communicable diseases
before permission to resume operation is granted.
5.
Immediately after performing body art on a patron, the body art practitioner
shall advise that patron in writing on the care of the procedure and
shall instruct the patron to consult a physician at the first sign
of infection of the body art.
6.
Each body art practitioner must maintain a high standard of personal
cleanliness and must wear a clean outer garment.
7.
Before working on each patron, each body art practitioner shall thoroughly
wash and scrub his/her hands with hot running water, and approved
soap. When working on a patron each body art practitioner shall wear
disposable non-latex gloves.
8.
That portion of the patron's skin to be tattooed shall be prepared
by washing with hot water and approved soap; by shaving with a sterile
safety razor and a single-service blade; and shaving shall be followed
by a thorough cleansing with hot water and approved soap applied with
a clean, disposable cotton gauze or paper towel.
9.
The stencils for transferring the design to the skin shall be disposable
paper stencils. No plastic or reusable stencils shall be used.
10.
Single-service or individual portions of dyes or pigments in clean,
sterilized, individual containers or single service containers must
be used for each patron. After tattooing, the remaining unused dye
or pigment in the single service or individual containers must be
discarded. All dyes or pigments used in tattooing shall be approved
by the Department of Health.
11.
Storage cabinets shall be maintained in a sanitary condition, and
all instruments, dyes, pigments, stencils and other paraphernalia
shall, when not being used, be kept in them in an orderly arrangement.
12.
Work tables shall be kept clean and orderly and shall have washable
interiors.
13.
All rooms used for body art procedures shall be completely separated
from any room used for human habitation, food service or other such
activity which may cause potential contamination of work surfaces.
14.
No person, except a duly licensed physician, shall engage in the
practice of removing any tattoo.
[Ord. No. 2017-20 § 8-11.11]
a.
The Health Department shall inspect every body art establishment
as often as the Health Department deems necessary using an inspection
report form.
1.
A representative of the Health Department shall provide proper identification.
2.
During all hours of operation, the operator shall permit access to
all parts of the establishment and all pertinent records required
for the inspection shall be made available to the Health Department
representative for review.
3.
Results of the inspection shall be made available to the public upon
request.
4.
Should an establishment be found to be in violation of N.J.A.C. 8:27-1.1
et seq. or other provisions of this section and the Health Department
determines that a reinspection is necessary, a re-inspection fee shall
be required to be paid by the operator for every re-inspection performed
until the violation(s) have been corrected within the time prescribed
by the Health Department. The fee shall be paid within 10 days of
the notification of the said re-inspection requirement.
[Ord. No. 2017-20 § 8-11.12]
Unless another penalty is specifically provided elsewhere in
the Code or in law of the State or Federal government, any person
who violates any provision of this section, any other chapter of this
Code or any other ordinance of the Township shall, upon conviction,
be punishable by a fine of no less than $50 not more than $1,000 for
each violation. Each day that such violation continues shall be deemed
a separate offense.
a.
Reasonable counsel fees incurred by the Health Department in the
enforcement of this section shall be paid by the defendant. The amount
of such reimbursable fees and costs shall be determined by the court
hearing the matter.
[Ord. No. 2017-20 § 8-11.13]
Temporary body art establishments shall be prohibited.
[Added 6-24-2019 by Ord. No. 2019-08]
[Amended 6-28-2021 by Ord. No. 2021-08]
Any business that sells medicinal marijuana is strictly prohibited
in all zones.
[1]
Editor's Note: Former Subsection 8-12.2, Use of Marijuana,
was repealed 9-24-2019 by Ord. No. 2019-21.
[Added 4-25-2022 by Ord.
No. 2022-03]
Pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6, the Individual
Subsurface Sewage Disposal Code (1990), N.J.A.C. 7:9A, is hereby adopted
by the Township. A copy of the code is annexed hereto and made a part
hereof without the inclusion of the text herein.
[Added 4-25-2022 by Ord.
No. 2022-03]
The code adopted and established by this section is described
and commonly known as the "Individual Subsurface Sewage Disposal Code
of New Jersey (1990)."
[Added 4-25-2022 by Ord.
No. 2022-03]
Three copies of the Individual Subsurface Sewage Disposal Code
of New Jersey have been placed on file in the office of the Secretary,
Clerk or similar officer of the Department of Health and will remain
on file in such office for the use and examination of the public.
[Added 4-25-2022 by Ord.
No. 2022-03]
a.
Individual Subsurface Sewage Disposal Systems, septic installation
fees and charges shall be as follows:
1.
Soil log: for observation of tests by the licensed professional engineer
or by the Health Officer, or registered environmental health specialist
designated by the Township, for purposes of meeting the requirements
of an application for an individual sewage disposal system, either
to locate and construct one, or for subdivision approval, the sum
of $ 120; and for the alteration of an existing one, the sum of $90.
2.
Plan review: for the filing and review of an application and plans
to locate and construct a new individual sewage disposal system, the
sum of $240; and for the alteration of an existing one, the sum of
$185.
3.
Plan revision: for the review of a revised application and plans
to locate and construct a new individual sewage disposal system, the
sum of $90; and for the alteration of an existing system, the sum
of $85.
4.
Installation permit: for the issuance of a permit to locate and construct
a new individual sewage disposal system, the sum of $185; or a permit
for the alteration of an existing one, the sum of $185.
5.
Installation permit, repair: for the filing of an application and
issuance of a permit to repair an existing system, the sum of $90.
6.
For each reinspection of an individual sewage disposal system, or
part thereof, caused by the failure of the permittee to locate and
construct, alter or repair the same in accordance with the terms of
the permit issued or the terms of the aforesaid code, no charge.
7.
For the issuance of a license to engage in the business of constructing,
reconstructing or extending septic tanks or other individual sewage
disposal systems in accordance with § 18-13.6, Installer's
License; Bond, a fee of $120 shall be charged.
8.
Renewal of installation permits: for the renewal of an installation
permit, the sum of $65.
b.
For the issuance of a license to remove the septic sludge from the
individual or non-individual sewage disposal systems, the septic sludge
removal operator shall pay a flat fee of $100 to cover all the operator's
vehicles for the license period.
[Added 4-25-2022 by Ord.
No. 2022-03]
All permits for the location or alteration of an individual
sewage disposal system shall be valid for a period of one year after
date of issuance.
[Added 4-25-2022 by Ord.
No. 2022-03]
a.
Persons shall not engage in the business of constructing, reconstructing
or extending septic tanks or other individual sewage disposal system
or part thereof without first having obtained a license to do so from
the Department of Health or its authorized representative. Applicant
must show proof of his knowledge and experience in the installation
of sewage disposal devices. A license so issued shall expire on December
31 in each year. Such a license may be revoked or suspended for failure
of the licensee to comply with the provisions of the code or any rule
or ordinance of the Department of Health. Licenses not renewed by
their expiration shall not be renewed until the applicant has been
reexamined.
b.
A person who has been issued a license to engage in the business
of constructing, reconstructing or extending septic tanks or other
individual sewage disposal systems or part thereof shall execute and
deposit with the Department of Health or its administrative authority
a surety bond of a reliable surety company acceptable to the administrative
authority, and doing business in the State of New Jersey, provided
that the bond shall be in the amount of $10,000. Such bond shall be
conditioned upon compliance with the provisions of this code, and
the person or persons so bonded being obliged to pay all fines and
penalties as may be imposed upon him or them pursuant to law for violation
of the provisions of this code and article. A license or permits issued
under this article shall not be valid unless such a bond has been
executed and deposited as herein provided.
c.
Persons may install an individual sewage disposal system upon property
owned by such persons without having first obtained an installer's
license, provided that they satisfactorily demonstrate their knowledge
in the installation of sewage disposal devices through a written test
to be administered by the Health Department.
