By reason of R.S. 40:69A-88 and R.S. 26:3-1, the powers
of a local board of health are exercised by the governing body in
Ocean Township. The general power to adopt health ordinances is contained
in R.S. 26:3-31. The penalties that may be provided for a violation
of health provisions are contained in R. S. 26:3-70, 71. The statutory
power to adopt health codes by reference is contained in R.S. 26:3-69.1
et seq. In addition to the health regulations contained in this chapter,
the State Sanitary Code promulgated by the State Public Health Council
is by reason of R.S. 26:1A-9 enforceable in every municipality in
this State. The power to regulate swimming pools is conferred by the
general police power contained in R.S. 40:69A-29, 30. The power to
adopt the State Swimming Pool Code by reference derives from R. S.
40:69A-181.
This chapter, all supplements thereto and all amendments thereof,
shall be known and designated as the "Health Code of the Township
of Ocean."
For the purposes of this chapter, the following words and their
derivations shall have the meaning given herein:
Means the confining of persons, animals, or materials within
a designated area or buildings, and the exclusion of other persons,
animals, insects or materials from such area or buildings.
Means every delivery, whether the same be by direct sale
or the solicitation or acceptance of an order and includes exchange,
barter, traffic in, keeping and exposing for sale, serving with meals,
delivering for value, peddling, possession with intent to sell, and
gratuitous delivery or gift by any person.
The health officer, his agents and employees shall have the
right to enter into and upon any premises, public or private building,
or vehicle, within the Township of Ocean, for the purpose of enforcing
the provisions of this health code and the health laws and regulations
of the State of New Jersey, or to determine whether such provisions
or rules and regulations are being complied with or obeyed. No person
shall oppose such entry or hinder or interfere with the health officer
or any of his agents or employees in the performance of their duty.
All licenses or permits required by this chapter, or any supplements
thereto or amendments thereof, except when otherwise specifically
provided, shall be issued by the health officer or his designated
agent of the Township of Ocean, upon compliance by the applicants
with the provisions of this chapter and any rules and regulations
adopted pursuant thereto.
All licenses or permits required by this chapter, any supplements thereto or amendments thereof, may be suspended or revoked in the event of the violation of any of the provisions of this chapter or of the relevant rules and regulations provided herein, or may be suspended or revoked in accordance with the suspension and revocation provisions of Chapter 5 on "Licenses" contained in this Revision.
All permits and licenses issued pursuant to the provisions of
this chapter, or such current license or permit signs as may be provided
by the health officer or his designated agent shall be prominently
displayed at all times upon the premises for which they were issued,
and in plain sight on the left side or rear upon each and every vehicle
or device used in the business for which a license or permit is required
herein.
The following codes heretofore adopted by the Township of Ocean
are readopted and continued in full force and effect in the township,
and the same shall be enforced by authority of the governing body
of the township.
a.
Every commercial or industrial building shall have heating facilities
which are properly installed, maintained in good and safe working
condition, and are capable of safely and adequately heating all rooms,
bathrooms and water closet compartments to a temperature of at least
70° F. when the outside temperature is 0° F., except that
portion used as warehouse space. The temperature shall be read at
a height of three feet above floor level at the center of the room.
b.
It shall be unlawful for the owner or occupant, who has agreed to
supply heat to any building designed to be occupied as a commercial
or industrial establishment 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 manner that the temperature of the building which one
or more persons occupy shall always be kept at 70° F. or above
between the hours of 7:00 a.m. and 9:00 p.m. and at least 68°
from 9:00 p.m. to 7:00 a.m. when the outdoor temperature is 0°,
except that portion of the building used as a warehouse.
c.
The owner or owners of a commercial or industrial building shall
provide toilet facilities which shall include one sink and water closet
for each multiple of 10 employees of each sex, provided further that
where there are five employees or less employed, it will not be required
to provide separate facilities for each sex. Hot and cold running
water shall be provided.
A code regulating food establishments, commonly known as the
"Retail Food Establishment Code of New Jersey (1965)", pursuant to
Revised Statutes of New Jersey, 26:3-69.1 to 69.6, is adopted by reference
in and for the Township of Ocean. The operation and maintenance of
either permanent or temporary retail food establishments and the handling
of food by such establishments in the Township of Ocean shall be regulated
by said Code, as therein defined and set forth, and in accordance
with any supplements thereto and amendments thereof. Three copies
of said Retail Food Establishment Code of New Jersey (1965) shall
be placed and kept on file in the office of the township clerk of
the township.
No person shall conduct a retail food establishment, as defined
and governed by the Retail Food Establishment Code of New Jersey (1965),
without first having obtained a license from the township health officer
or his designated agent.
Fees for the annual licensing of retail food establishments
and for plan review of retail food establishments shall be established
as fixed by the Monmouth County Regional Health Commission No. 1,
created and operating under N.J.S.A. 26:3-83 et seq.
The term "food dealer" shall mean any person or the agent, servant
or employees thereof, engaged in the business of selling, offering
or exposing for sale, food at retail for human consumption. It shall
be unlawful for any food dealer to sell, offer or expose for sale
at retail, any sealed, pre-packaged, unprocessed or untreated fresh
cut meat or frozen meat unless the package thereof is colorless and
transparent on all sides, exclusive of labeling, provided the labeling
shall not cover an area of more than 10% of one side of the package;
or which fresh cut meat or frozen meat is so layered making the entire
contents of the package not wholly visible. This subsection shall
not apply to meat commonly designated or known as "chopped or ground
meat."
a.
For the filing of an application and plans for a license to locate
and construct an individual sewerage disposal system $35.
b.
For the filing of an application and plans for a license to alter
an existing sewerage disposal system $25.
c.
For the issuance or renewal of a license to a person engaged in the
business of cleaning or emptying receptacles for the reception and
storage of human excrement or other putrescible matter; this fee shall
also include the right of all vehicles used in carrying out the aforesaid
business and shall also include the issuance of a license to clean
or empty any receptacle used for the reception or storage of human
excrement or other putrescible matter $30.
d.
(Reserved)
e.
For the filing of an application and plans to locate and construct
an individual well $50 per well
A code governing, regulating and fixing license and permits
fees for operation and maintenance of food and beverage vending machines
or devices is hereby established pursuant to the provisions of Chapter
188, P.L. of 1950. A copy of the code is annexed hereto and made a
part hereof without the inclusion of the text herein.
The code established and adopted by this section is described
and commonly known as the "Food and Beverage Vending Machine Code
of New Jersey (1961)."
Three copies of the code have been placed on file in the office
of the clerk for the use and examination of the public.
The fee for permits and licenses under this section shall be
$45 per annum. All licenses and permits issued under this section
shall expire on the 31st day of December each year.
Permits and licenses issued under authority of this section
may be suspended, revoked or reinstated by the township board of health
pursuant to the provisions of the Food and Beverage Vending Code of
New Jersey (1961).
The scope and purpose of this section is to aid in the prevention
of sanitary sewer blockages and obstructions from contributions and
accumulation of fats, oils, and greases into the sanitary sewer system
of the Township of Ocean and The Township of Ocean Sewerage Authority
from nonresidential, retail food preparation and service facilities.
As used in this section:
Shall mean an organic foodstuff component and/or byproduct
from the preparation thereof, which is viscous at room temperature
and non-water soluable, and commonly referred to as fat, oil or grease.
Shall mean a device for intercepting, separating and retaining
waterborne grease prior to the wastewater exiting the device and entering
the sanitary sewer system.
Shall mean any retail or commercial facility connected to
the township sanitary sewer system, primarily or regularly engaged
in the activity of preparing, serving, or otherwise making available
for consumption foodstuffs, and that uses one or more of the following
preparation activities: cooking by frying (all methods), baking (all
methods), grilling, sauteing, rotisserie cooking, broiling (all methods),
boiling, blanching, roasting, toasting, or poaching. Also included
are infrared heating, searing, barbecuing, and any other food preparation
activity that produces a hot, non-drinkable food product in or on
a receptacle that requires washing.
Shall mean and refer to the sanitary system of The Township
of Ocean as well as The Township of Ocean Sewerage Authority.
a.
Installation. All retail food establishments shall install a grease
trap capable of preventing discernable accumulations of grease in
the sanitary sewer system of the township and/or connecting wastewater
lines from said establishment. The specifications, installation and
repair of all grease traps shall be approved by the plumbing subcode
official of the township.
b.
Maintenance/Records. Retail food establishments shall establish a
grease trap maintenance schedule based upon the size and nature of
the individual operation. That schedule shall be of sufficient frequency
to prevent the trap from becoming overloaded with grease and solids
and shall prevent the discharge of grease and solids into the downstream
piping and sanitary sewer system. In any event, a retail food establishment
shall clean its grease trap(s) and properly dispose of any grease
removed therefrom at least once every three calendar months. Retail
food establishments shall maintain records of said actions for a period
of at least three years for the purpose of inspection thereof by the
township. These records shall be subject to inspection by the township
and/or Township of Ocean Sewerage Authority.
c.
Annual Inspection/Report. On or before October 1st of each calendar
year, a retail food establishment shall employ, at its own expense,
a licensed plumber to conduct an annual inspection of its grease trap(s)
and connecting wastewater lines to ensure that grease is being adequately
removed from the wastewater being discharged into the sewer system.
The licensed plumber conducting the inspection shall provide a formal
inspection report to both the retail food establishment and to the
township within three weeks of said inspection. This inspection report
shall contain the licensed plumbing's observations with regard
to the efficiency of the grease trap, the amount of grease found in
the connecting wastewater lines, the percentage of grease being removed
from wastewater being discharged into the sanitary sewer system and
the maintenance and efficiency of the grease trap (with particular
attention given to whether the grease trap needs replacement or increased
capacity).
a.
Capacity. Each grease trap shall have a grease retention capacity
of not less than two pounds for each gallon per minute of flow. Where
deemed necessary and appropriate, the township may require a minimum
capacity of at least 100 pounds.
b.
Rate of Flow Controls. Each grease trap shall be equipped with a
device to control the rate of water flow so that said flow does not
exceed the rated flow of the grease trap.
c.
Venting. Each grease trap shall be so designed that grease will not
become air-bound if tight covers are used. Each grease trap shall
be properly vented if loss of trap seal is possible.
d.
Accessibility. Each grease trap shall be so installed to provide
unimpeded accessible for removal of cover, servicing and maintenance.
The need for use of a ladder or the moving of bulky objects in order
to access a grease trap shall constitute a violation of this section.
e.
Approval of Specifications. The specifications, including design
and capacity, of each grease trap shall be approved by the plumbing
subcode official of the township.
a.
Generally. In consideration for continued use of its sanitary sewer
system, the Township of Ocean and/or township sewerage authority shall
periodically conduct routine inspections of the grease traps of any
retail food establishment during regular township business hours.
Additionally, an annual inspection of the operation of the grease
trap (internal baffles) by a licensed plumber must be conducted and
a report of its condition and functionality should be submitted to
the Township of Ocean Construction Official. During such inspections,
the township shall have the right to inspect (i) any food preparation
areas (ii) any records maintained pursuant to this section (iii) all
grease traps which shall be opened upon request, and (iv) all wastewater
lines from the establishment to the sanitary sewer system, which may
be accomplished by use of a line camera.
b.
Inspection Fees. Fees for grease trap inspections are as follows:
Routine inspection fee for each grease trap $81
Reinspection fees for each grease trap $56
c.
Blockage. Whenever the Township of Ocean and/or the township sewerage
authority discovers a blockage of the sanitary sewer system caused
by grease, the township and/or the township sewerage authority shall
have the right to conduct an inspection of any retail food establishment
connected to the main in which said blockage is found, without regard
to any prior or recent inspection(s) thereof.
d.
Violation Discovered. If during an inspection, the township and/or
the township sewerage authority discovers a violation of this section,
the township and/or the township sewerage authority shall notify the
owner and/or operator of the retail food establishment of the nature
of said violation as soon as reasonably possible and, in its discretion,
issue (i) a summons in accordance with the penalty provision set forth
herein (ii) a notice to the owner and/or operator for the correction
of said violation within seven calendar days thereof. If said violation
is not corrected within such time the township and/or the township
sewerage authority shall issue a summons in accordance with said penalty
provision.
[Ord. 1922; Ord. 2139, § 1; Ord.
No. 2014-2217]
Any person, firm or corporation who violates or neglects to
comply with any provisions of this chapter or any rule or regulation
promulgated pursuant thereto, shall be punishable upon conviction
thereof, by a fine not less than $250 nor more than $2,000 and up
to 90 days in jail or both.
Each day during which a violation occurs or persists shall constitute
a separate violation as follows:
$250 per day for each violation.
a.
Generally. Except as where otherwise provided, the health officer
of the township, his/her designated representative(s), including The
Township of Ocean Sewerage Authority and/or any persons so designated
by the township or the mayor and council of the township shall have
the authority to enforce the terms of this section and to perform
all duties described herein on behalf of the township.
b.
Related Authorities. Nothing contained herein shall limit the authority
of the superintendent of public works, the health officer and the
Township of Ocean Sewerage Authority and others so designated to enter
the premises of any retail food establishment at all reasonable hours
for the purposes of inspecting any water or sewer connection or service
equipment, nor limit the authority of the township to assess penalties
for any discharge of grease into the sanitary sewer system in violation
of the township's Revised General Ordinances.
