[Ord. No. BOH-1-2008]
Emerging infectious diseases and their spread are, in many cases,
preventable. The Center for Disease Control and Prevention's role
in combating infectious diseases includes, among other things, conducting
disease surveillance, employing practical tools for control and prevention,
and strengthening the public health response.
This Article is consistent with the CDC's mission and is necessary
in a time of threat from: a Pandemic; the outbreak of SARS; the spread
of Avian Influenza; and the enormous toll in morbidity and mortality
from HIV/AIDS.
a.
Statutory Authority for Enactment and Enforcement of this Article
includes:
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N.J.S.A. 26:3-1 et seq.
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Local Board of Health
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N.J.S.A. 26:3-31
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Powers and Duties of Local Board of Health
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N.J.S.A. 26:3-64
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Enactment of Ordinances and Rules
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N.J.S.A. 26:4-1 et seq.
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Communicable Diseases
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N.J.S.A. 26:2-62 et seq.
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Public Places
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N.J.S.A. 26:3-45 et seq.
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Nuisances Effecting Health
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N.J.S.A. 26:10-1 et seq.
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Mattresses
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N.J.S.A. 26:3-19
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Health Officer Enforcement Agent of Local Board
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N.J.S.A. 26:3-59 et seq.
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Search Warrant Proceedings
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N.J.S.A. 26:4-27 et seq.
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Venereal Diseases
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b.
Regulatory references include:
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N.J.A.C. 8:57-1.1 et seq.
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Reportable Communicable Diseases Code
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N.J.A.C. 528-1.1 et seq.
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NJ State Housing Code
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N.J.A.C. 8:24-1.1 et seq.
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Retail Food Code
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N.J.A.C. 8:27-1.1 et seq.
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Body Arts Code
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N.J.A.C. 7:26-3A.1 et seq.
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Regulated Medical Waste Code
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N.J.A.C. 8:26-1.1 et seq.
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Recreational Bathing Code
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[Ord. No. BOH-1-2008 § I]
This Article is established to assure sanitation, safety, and
disease prevention and control for the protection of the Public's
Health and Quality of Life.
[Ord. No. BOH-1-2008 § I]
This Article shall govern 1) all businesses presently licensed
by the Roselle Park Board of Health, their officers, employees, agents
and representatives, and 2) any business not presently licensed by
the Board of Health wherein it is reasonable to believe that equipment,
accommodations, or other items maintained by the business will be
used and/or shared by successive customers, invitees, or other members
of the public.
[Ord. No. BOH-1-2008]
Shall mean satisfactory or adequate, fulfilling the needs
or requirements of a specified rule.
Shall mean written acceptance by the Westfield Regional Health
Department.
Shall mean a commercial or industrial enterprise with dealings
or transactions especially of an economic nature.
Shall mean the absence of soil, dirt, grime and grease. For
the purpose of this Article, "clean" or "cleanliness" does not equate
to something being disinfected.
Shall mean to rid of dirt, impurities, or extraneous matter.
Shall mean diseases or conditions diagnosed by a licensed
physician as being contagious or transmissible which include, but
are not limited to the following: (1) chickenpox; (2) diphtheria;
(3) measles; (4) meningococcal disease; (5) mumps; (6) pertussis (whooping
cough); (7) plague; (8) rubella; (9) scabies; (10) staphylococcal
skin infection (boils, infected wounds); (11) streptococcal infections
(strep throat); (12) tine (ringworm); (13) tuberculosis.
Shall mean any liquid or semi-liquid blood or other potentially
infectious materials; contaminated items that would release blood
or other potentially infectious materials in a liquid or semi-liquid
state if compressed; items that are caked with dried blood or other
potentially infectious materials and are capable of releasing these
materials during handling; sharps and any wastes containing blood
and other potentially infectious materials, as defined, N.J.A.C. 7:26-3A.
Shall mean the destruction of disease-causing microorganisms
on inanimate objects or surfaces, thereby rendering these objects
safe for use or handling.
Shall mean all machinery, including fixtures, containers,
vessels, tools, devices, implements, furniture, display and storage
areas, sinks and all other apparatus and appurtenances used in connection
with the operation of an establishment.
Shall mean a physical place of business, permanent in nature,
and includes all areas used by the business, its patrons and invitees.
Shall mean a fixture equipped with hot and cold running water
under pressure, used solely for washing hands, arms or other portions
of the body.
Shall mean a Health Officer, or his or her designee.
Shall mean any conduct resulting in, or likely to result
in the exchange of body fluids or contaminated waste, as defined by
this Article.
Shall mean characterized by or readily kept in cleanliness.
Shall mean small common harmful or objectionable animals
that are difficult to control.
[Ord. No. BOH-1-2008 § II]
a.
Pursuant to this Article, the Health Authority shall have the following
authority:
1.
To investigate and inspect, without notice, the business premises
of any business governed by this Article to ascertain compliance herewith.
2.
As part of the aforementioned authority to investigate, the Health
Authority shall have access and be allowed to inspect all rooms, equipment,
furnishing, appliances, beds and beddings, and any area deemed necessary
to inspect or investigate.
3.
Have access and be provided with, upon request, all records, documents,
notes, manuals and employee information retained by the business and/or
property or facility, or person/entity in charge of the business and/or
property or facility being investigated or inspected for potential
infection, communicable diseases, unsanitary condition and/or vermin
infestation in order to prevent or contain the spread of communicable
diseases.
4.
Be permitted to take samples from any area or surface for submission
to a contracted laboratory to test for compliance with the standards
set forth in this Article.
b.
Following any inspection or investigation authorized by this act,
the Health Authority may, at its discretion, require any of the following:
1.
That any person exposed to or in contact with anyone reported to
have a disease of a communicable nature, as listed in the most current
regulation N.J.A.C. 8:57, submit to a physical examination, x-ray,
laboratory test, and any other such diagnostic procedure to determine
if such person is communicable or is in a carrier state, and shall
prohibit any business from allowing any aforesaid person from returning
to the business or its facility until such exams are completed.
2.
Any person who is ill, infected, infested with a communicable disease
may, by virtue of the agent of a communicable disease, type of job
function, and/or virulence of the communicable disease, be prohibited
from working or appearing in or around a place of business until their
communicable disease abates and the person is cleared, in writing,
by a physician to return to work; said written clearance shall be
provided to the Health Officer.
3.
Quarantine to prevent or control the spread of this disease, provided
that any quarantine order be provided in writing and that no period
of quarantine exceed the period of incubation of the disease.
[Ord. No. BOH-1-2008 § III]
a.
Persons, while affected with any disease in a communicable form,
or while a carrier of such disease, or while affected with boils,
infected wounds, sores, acute respiratory infection, nausea, vomiting,
or diarrhea which could expose others to infection/infestation shall
not work in any area or in any capacity in which there is a likelihood
of such person contaminating contact surfaces with pathogenic organisms,
or transmitting disease to other individuals and no person known or
suspected of being affected with any such disease or condition shall
be employed in any such area or capacity.
b.
If the manager or person in charge has reason to suspect that any
employee has contracted any disease in a communicable form which could
result in the spread of that disease or has become a carrier of such
disease, he shall advise the employee to contact his physician for
treatment and shall relieve him of duties.
c.
The Health Authority shall use the latest edition of the American
Public Health Association's text, "Control of Communicable Diseases
in Man," as guidelines for the characteristics and control of diseases,
unless other rules, guidelines or interpretations are issued by the
State Department of Health.
[Ord. No. BOH-1-2008 § III]
a.
Employees shall not use tobacco in any form while engaged in service.
b.
The employees shall wear disposable medical gloves at all times during
the clean up and disinfection of contaminated surfaces.
c.
Gloves shall be changed if they become contaminated by contact with
any non-clean surfaces, objects contact with a third person, or torn.
d.
Gloves shall be discarded after completion of each procedure. Under
no circumstances shall a single pair of gloves be used on more than
one (1) clean up and disinfecting procedure.
e.
At the completion of the procedure, the employees shall dispose of
the gloves and the hands shall be thoroughly washed.
f.
Written policies and procedures shall be established for management
of employees or clients that have latex allergies.
[Ord. No. BOH-1-2008 § III]
a.
The hands of all employees shall be kept clean while engaged in work.
Employees shall thoroughly wash their hands and exposed arms with
soap and warm water before starting work, and shall wash hands during
work hours as often as is necessary to keep them clean, and after
smoking, eating, drinking, or visiting the toilet room.
b.
Employees shall keep their fingernails clean and neatly trimmed.
c.
At all times the owner or his designee shall assure the continuous
posting of hand washing signs above urinals, on the inside door to
toilet stalls and upon the inside of the exit door of all restrooms.
[Ord. No. BOH-1-2008 § IV]
a.
Hand washing facilities shall be adequate in size and number and
shall be so located and maintained as to permit convenient and expeditious
use by all employees.
b.
Hand washing facilities shall be located within or immediately adjacent
to all toilet rooms or vestibules.
c.
Hand washing facilities shall be in accordance with N.J.A.C. 5:23-1,
New Jersey Uniform Construction Code.
d.
Each hand washing facility shall be designed to provide hot and cold
or tempered water ninety (90) degrees Fahrenheit to one hundred five
(105) degrees Fahrenheit).
e.
An adequate supply of hand cleansing soap or detergent shall be available
at each hand washing facility. An adequate supply of towels, or an
approved hand drying device shall be available and conveniently located
near the lavatory. Common towels are prohibited. Where disposable
towels are used, waste receptacles shall be located conveniently near
the hand washing facilities.
f.
All components of the hand washing facilities shall be kept clean
and in good repair.
g.
Hand washing facilities shall be used only for hand washing purposes.
[Ord. No. BOH-1-2008 § IV]
a.
Each establishment shall be provided with adequate, conveniently
located toilet facilities accessible to the public and employees at
all times.
b.
Toilet facilities shall be installed in accordance with N.J.A.C.
5:23-1, New Jersey Uniform Construction Code.
c.
Water closets and urinals shall be of a sanitary design and be cleanable.
d.
Toilet rooms shall be easily cleanable, completely enclosed, and
shall have tight-fitting, self-closing doors. Such doors shall not
be left open except during cleaning or maintenance. If vestibules
are provided, they shall be kept in a clean condition and in good
repair.
e.
Toilet facilities, including toilet rooms and fixtures, shall be
kept clean and in good repair, and free of objectionable odors.
f.
A supply of toilet tissue shall be provided at each toilet at all
times.
g.
Hand washing signs stating "Wash Hands Before Resuming Work" or words
of similar meaning shall be posted conspicuously in all toilet rooms
and at each separate lavatory facility. It is also recommended that
a statement concerning disease transmission be included. Easily cleanable
receptacles shall be provided for waste materials, and such receptacles
in toilet rooms for women shall be covered. Such receptacles shall
be emptied at least once a day, and more frequently when necessary
to prevent excessive accumulation of waste material.
[Ord. No. BOH-1-2008 § IV]
a.
Showers shall conform to the requirements of the New Jersey Uniform
Construction Code, N.J.A.C. 5:23.
b.
Shower stall floors which are located adjacent to walkways shall
be lower than the level of the walkways.
c.
The cross-sectional area of the floor drains in shower rooms and
stalls shall be at least twice the cross-sectional area of the outlet
pipe to which it is connected.
d.
Wood slats or wood flooring material and slopes which are conducive
to slipping, tripping, or falling shall not be used.
e.
Showers shall be cleaned and periodically disinfected especially
when there is a change in occupancy or use.
[Ord. No. BOH-1-2008 § IV]
a.
All garbage and rubbish shall be kept in leak proof, nonabsorbent
containers constructed of durable metal or other approved types of
material, which do not leak and do not absorb liquids.
b.
All containers while being stored, shall be provided with tight fitting
lids or covers and shall, unless kept in a special vermin-proofed
room or enclosure or in a waste refrigerator, be kept covered.
c.
There shall be sufficient receptacles in rooms and areas to hold
no more than one (1) day's solid waste.
d.
These receptacles shall be emptied daily.
e.
Containers and receptacles shall be changed and disinfected at the
change of occupancy.
f.
Liners may be used but they must be changed daily and the container
shall be cleaned and when necessary disinfected.
g.
Plastic bags shall be used for the removal of soiled waste.
[Ord. No. BOH-1-2008 § IV]
Items saturated and/or dripping with blood or body fluids shall
be handled, stored, packaged, labeled, transported and disposed of
in accordance with the provisions and standards found at N.J.A.C.
7:26-3A, as medical waste.
[Ord. No. BOH-1-2008 § V]
a.
All floors shall be kept clean and in good repair.
b.
The floor surfaces in all rooms and areas including dressing or locker
rooms, and toilet rooms, shall be of smooth, nonabsorbent materials,
and so constructed as to be easily cleanable.
c.
Floors that are water-flushed for cleaning or that receive other
fluid waste shall be constructed only of sealed concrete, terrazzo,
ceramic tile or similar materials, and shall be graded to drain.
d.
Carpeting, if used as floor covering, shall be closely woven construction,
properly installed, easily cleanable, and shall be kept clean as to
sight, touch and small and maintained in good repair. Carpeting is
prohibited in toilet room areas where urinals or toilet fixtures are
located. Carpeting must be vacuumed with a HEPA unit, and is cleaned
and sanitized after each occupancy or use.
[Ord. No. BOH-1-2008 § V]
a.
Adequate facilities shall be provided for the orderly storage of
employees' clothing and personal belongings. Dressing rooms or designated
areas shall be provided.
b.
Adequate lockers within dressing rooms or other suitable facilities
shall be provided and used for the storage of employees' coats, clothing
and personal belongings.
c.
Dressing rooms or areas, and lockers, shall be kept n a clean condition.
d.
All parts of the establishment and its premises shall be kept neat,
clean, and free of litter and rubbish.
e.
Vacuum cleaning, wet cleaning shall be used; or dust arresting sweeping
compounds and push broom shall be employed; and all such cleaning,
except emergency floor cleaning, shall be done during those periods
when the least amount of exposure to the public.
[Ord. No. BOH-1-2008 § V]
a.
Controls shall be used to minimize or eliminate the presence of rodents,
flies, roaches, and other vermin. The premises shall be kept in such
condition as to prevent the breeding, harborage, or feeding of vermin.
1.
The application of pesticide shall conform to the requirements of
the New Jersey Pesticide Control Rules N.J.A.C. 7:30.
b.
No live animals shall be kept or allowed in any room. An exception
shall be made for service animals, which shall be permitted for the
purpose of accompanying physically disabled persons.
c.
All openings to the outer air shall be effectively protected against
the entrance of insects by self-closing doors, closed windows, screening,
controlled air currents, or other effective means.
d.
Screening materials shall not be less than 16 mesh to the inch or
equivalent.
[Ord. No. BOH-1-2008 § V]
a.
Body fluid spills on environmental surfaces shall be cleaned as specified
in the Occupation Safety and Health Administration (OSHA) Rule 29
CFR part 1910.1030, Occupational Exposure to Blood borne pathogens.
b.
Aluminum foil or plastic covers shall be used to protect items and
surfaces (for example, light handles) that may become contaminated
by blood or saliva and that are difficult or impossible to clean and
disinfect. Between clients coverings shall be removed, discarded,
and replaced with clean material.
[Ord. No. BOH-1-2008 § V]
a.
If, following investigation or inspection conducted by the Health
Authority pursuant to this act, a contracted laboratory determines
that a sample obtained from the premises of any business governed
by this Article, contains evidence of any blood, semen, vaginal secretion,
body fluid, or other contaminated waste, then the facility will have
failed to maintain standard of cleanliness and shall be in violation
of this Article.
b.
If, following investigation or inspection conducted by the Health
Authority pursuant to this act, a contracted laboratory determines
that a sample obtained from the premises of any business governed
by this Article, contains evidence of an unacceptable level of bacteria
or virus then the facility will have failed to maintain a standard
of cleanliness and shall be in violation of this Article.
c.
If, following investigation or inspection conducted by the Health
Authority pursuant to this act, the officer or his designee makes
direct observation of unacceptable levels of soil, dirt, vermin, organic
matter, or odor the business shall be deemed in violation of this
Article.
[Ord. No. BOH-1-2008 § VI]
a.
Pursuant to N.J.S.A. 26:13-1 et seq. the New Jersey Emergency Health
Powers Act or N.J.S.A. 26:4-2 when any pandemic, epidemic, endemic
or outbreak is declared, the Westfield Regional Health Department
shall:
1.
Strictly enforce reporting requirements of N.J.A.C. 8:57-1.1 et seq.
2.
Investigate all suspected cases of illness.
3.
Trace all contracts of the index cases.
4.
Impose as may be required social distancing.
5.
Require medical examinations as may be required to those ill or exposed.
6.
Isolate anyone ill with the suspected disease.
7.
Quarantine anyone who has been exposed and assuring monitoring for
signs of illness.
8.
Order the disinfecting of any area, item, equipment, etc. that has
been or may have been contaminated.
[Ord. No. BOH-1-2008 § VI]
The Health Officer or his designee shall investigate any person,
or persons and any environment to determine:
1.
If a single case or an outbreak of a communicable disease exists;
and
2.
Ascertain the source and spread of the infection; and
3.
Identify household, work and social contacts of the ill person, or
persons;
4.
Determine and implement appropriate control measures to contain remediate,
and abate the outbreak.
[Ord. No. BOH-1-2008 § VI]
The Health Officer or his designee may order in writing any
person who may be ill or may have been exposed to submit to a medical
examination including but not limited to an x-ray, laboratory samples,
and other diagnostic as may be deemed necessary.
[Ord. No. BOH-1-2008 § VI]
Any person who is ill with a communicable disease or whose illness
is suspected to be communicable may be removed by the Health Officer
by written order cause the ill person to be removed to a hospital
or other such medical care facility for isolation. This order shall
remain in force until terminated by the Health Officer.
[Ord. No. BOH-1-2008 § VI]
The Health Officer may by written order restrict any person
or persons who have been exposed to a communicable disease, under
conditions specified by the Health Officer for the period not to exceed
the incubation of the disease.
a.
Restricts may include but are not limited to:
[Ord. No. BOH-1-2008 § VI]
The Health Officer may by an order in writing, require high
level disinfection of all surfaces, equipment, areas, rooms, HVAC
systems, etc. where highly pathogenic agents may pose a biohazard.
[Ord. No. BOH-1-2008 § VIII]
a.
It shall be unlawful for any person or business to prevent, impede
or interfere with the Health Authority in an inspection or an investigation
being conducted pursuant to this act.
b.
It shall be unlawful to offer for sale; rent, use or accommodate
any articles of clothing, furniture, bedding, equipment or other goods
and items which a person knows, or reasonably should have known, was
contaminated from bacteria, mold, viruses, vermin, body fluids or
pathogenic substances.
c.
It shall be unlawful to negligently maintain any environment, including
a room, common area, area, equipment, bed and/or furnishing, in a
condition determined to be unsanitary, infested, unclean, or unsuitable
for the health, safety, welfare and comfort of those who occupy, use
or visit said environments.
d.
It shall be unlawful to negligently allow rooms, beds, furnishings,
equipment, areas and environments that have been previously used or
occupied by others without first providing: clean, laundered and disinfected
bedding; a cleaning to eliminate the presence of foreign matter, vermin,
blood, body fluids, fecal matter or any source of contamination until
the source is eliminated, cleaned and sanitized.
e.
It shall be unlawful to knowingly allow an employee, patron, invitee
and/or visitor who is ill with a communicable disease, vermin infestation,
or source of infection to use, frequent or occupy any area, equipment,
bedding, furnishing, etc., unless that individual has been treated
medically and is no longer a reservoir of infection/infestation and
no longer communicable.
f.
It shall be unlawful to knowingly permit, authorize or allow lewd
acts on the premises of any business governed by this act.
g.
It shall be unlawful for anyone to knowingly release, convey, transfer,
spread, or expose another person or persons or to allow for a person
to spread or expose another person to any communicable disease, agent
or vermin that may result in the spread of disease.
h.
It shall be unlawful for anyone to knowingly release, convey, transfer,
spread, or expose another person or persons or allow for a period
to spread or expose another person to any communicable disease, infectious
agent or vermin that is capable of causing disease.
[Ord. No. BOH-1-2008 § IX]
Any entity or person violating or failing to comply with the
provisions of this Article shall upon conviction thereof, be punishable
by a fine of no less than one hundred ($100.00) dollars nor more than
one thousand ($1,000.00) dollars, by imprisonment not to exceed ninety
(90) days or by community service of not more than ninety (90) days
or any combination of fine, imprisonment and community service as
determined in the discretion of the Municipal Judge. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violations may be punished as provided above for each separate
offense.
