[The authorization for a local board of health to enact
health ordinances is contained in R.S. 26:3-64. The authority for
a board of health to adopt the Retail Food Establishment Code by reference
is derived from R.S. 26:3-69.1, et seq.]
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 any enforcing official, providing for the removal or
abatement of certain nuisances and recovery of expenses incurred in
such removal or abatement and prescribing penalties for violations
is hereby established pursuant to Chapter 188, Laws of 1950. A copy
of the code annexed is hereto and made a part hereof without the inclusion
of the text thereof herein.
The code established by this section is described and commonly
known as the "Public Health Nuisance Code of New Jersey (1953)", and
any amendments thereto.
Three copies of the Public Health Nuisance Code of New Jersey
(1953) have been placed on file in the borough clerk's office and
will remain on file there for the use and examination of the public.
A code regulating and controlling the location and construction,
alteration and operation of swimming pools, the issuance of permits
to locate and construct, alter or operate swimming pools, and declaring
and defining certain swimming pools as nuisances and fixing penalties
for violation is hereby adopted, pursuant to R.S. 26:3-69.1. A copy
of the code is annexed hereto and made a part hereof without inclusion
of the text thereof herein.
The code established and adopted by this section is described
and commonly known as the "Swimming Pool Code of New Jersey, 1955"
or any amendment thereto.
Three copies of the Swimming Pool Code of New Jersey, 1955,
have been placed on file in the borough clerk's office and will remain
on file for the use and examination of the public.
No person shall locate and construct, alter or operate a swimming
pool until permits therefore are issued by the borough council.
Permits issued for the operation of a swimming pool shall expire
annually on December 31.
Permits required by this chapter may be denied or suspended
by the council for failure to comply with this chapter.
The council 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
its decision.
[Ord. 1/6/66, Art. V, § 1; Ord.
No. O-2017-18]
A code regulating retail food handling establishments, providing
for the inspection of such establishments and fixing penalties for
violations as hereby established pursuant to N.J.S.A. 26:3-69.1 to
69.6. A copy of the code is annexed hereto and made a part hereof
without inclusion of the text thereof herein.
[Ord. 1/6/66, Art. V, § 2; Ord.
No. O-2017-18]
The code established and adopted by this section is described
and commonly known as the "Retail Food Handling Establishment Code
of New Jersey, 1965", and any amendments thereto.
[Ord. 1/6/66, Art. V, § 3; Ord.
No. O-2017-18]
Three copies of the Retail Food Handling Establishment Code
of New Jersey, 1965, have been placed on file in the Borough Clerk's
office for the use and examination of the public.
[Ord. 1/6/66, Art. V, § 4; Ord.
No. O-2017-18]
a.
Required; Posting of License. No person shall operate a retail food
handling establishment unless a certificate or approval of an existing
certificate, permit or license to operate same is issued. Such certificate
or approval of an existing certificate, permit or license shall be
posted in a conspicuous place in such establishment.
b.
Fee. The Monmouth County Board of Health (MCHB) does not charge fees
for the initial inspection of retail food establishments. However,
the MCBH shall charge fees for the reinspection of retail food establishments.
Failure to submit reinspection fees within 30 days upon receipt of
the fee notice will result in the issuance of a summons for appearance
in Municipal Court and the requirement to pay a penalty fee of not
less than $100 in addition to the reinspection fee.
[Amended 2-5-2020 by Ord.
No. O-20-03]
|
Type
|
Fee
|
|---|---|
|
Retail food establishment - reinspection
| |
|
First reinspection
|
$100
|
|
Second reinspection within two years
|
$250
|
|
Third reinspection within two years
|
$500
|
|
Retail food establishments (N.J.A.C. 8:24 et seq.) new facility/plan
review
| |
|
Retail food category - Risk 1
|
$25
|
|
Retail food category - Risk 2
|
$75
|
|
Retail food category - Risk 3
|
$100
|
|
Retail food category - Risk 4
|
$200
|
c.
Expiration. Certificates issued or approved under the provisions
of this chapter shall expire annually on December 31 and application
for renewal thereof shall be submitted together with the required
fee prior to January 1 of each year.
d.
Itinerant License. A person conducting an itinerant retail food handling
establishment shall secure a certificate or if such person is the
holder of a certificate, permit or license issued by the Board of
Health or governing body of another jurisdiction, the certificate,
permit or license may be approved by the Council and there shall be
a fee of $5 charged for approval.
e.
Suspension and Revocation. A certificate or approval of certificate,
permit or license, may be suspended or revoked for violation by the
holder of any provision of this chapter or code after an opportunity
for a hearing by the Council or its authorized representative.
f.
Transferability. A certificate or approval of a certificate, permit
or license issued by another board of health or borough council is
not transferable.
[Ord. 0-91-02; Ord. 0-95-02, § 1; Ord. O-08-03; Ord. No. O-2017-18; Ord.
No. O-2018-18]
a.
Purpose. The purpose of this subsection is to control discharges
into the public sewerage collection system and wastewater treatment
plan that interfere with the operations of the system, cause blockage
and plugging of pipelines, interfere with normal operation of pumps
and their controls, and contribute waste of a strength or form that
either causes treatment difficulties or is beyond the treatment capability
of the wastewater treatment plant.
b.
FOOD SERVICE FACILITIES
GREASE
GREASE TRAP
OIL/WATER SEPARATOR
USER
Definitions.
Shall mean those establishments primarily engaged in activities
of preparing, serving, or otherwise making available for consumption
foodstuffs and that use one or more of the following preparation activities:
cooking by frying (all methods), baking (all methods), grilling, sautéing,
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, undrinkable food product in or on a receptacle that requires
washing. These facilities include restaurants, cafeterias, hotels,
motels, hospitals, nursing homes, schools, grocery stores, prisons,
jails, churches, camps, caterers, manufacturing plants, or any other
sewer users as determined by the plumbing subcode official who discharge
applicable waste. Exempted herefrom are self-contained single-family
living units.
Shall mean material composed primarily of fats, oil and grease
(FOG) from animal or vegetable sources. The terms fats, oil, and grease
shall be deemed as grease by definition. Grease does not include petroleum
based products.
Shall mean a device for separating and retaining waterborne
greases and grease complexes prior to the wastewater exiting the trap
and entering the sanitary sewer collection and treatment system. These
devices also serve to collect settleable solids, generated by and
from food preparation activities, prior to the water exiting the trap
and entering the sanitary sewer collection and treatment system.
Shall mean an approved and industry standard system that
is specifically designed and manufactured to separate oil from water.
The system shall allow the oil to be collected and removed on a regular
basis as to prevent it from being discharged into the wastewater collection
system. Only oil/water separators manufactured for that specific operation
will be approved. Adequate support literature from the manufacturer
will be required so as to allow a proper review by the plumbing subcode
official.
Shall mean any person or establishment including those located
outside the jurisdictional limits of the Borough who contributes,
causes, or permits the contribution or discharge of wastewater into
the Borough's wastewater collection or treatment system, including
persons who contribute such wastewater from mobile sources, such as
those who discharge hauled wastewater.
c.
Control Plan for (FOG) and Food Waste.
1.
Any new construction, renovation, or expansion of food service facilities
shall be required to submit to the Borough a FOG and food waste control
plan that will effectively control the discharge of undesirable materials
into the wastewater collection system.
2.
Any existing food service facilities shall also be required to submit
a FOG and food waste control plan that will effectively control the
discharge of undesirable materials into the wastewater collection
system. Existing facilities shall not be exempt from the requirements
of this subsection. There will be no "Grandfathering."
3.
The FOG and food waste control plan shall be subject to review and
approval by the plumbing subcode official. Said plan shall address
grease traps, commercial dishwashers, and any other appliance or fixture
that discharges grease or FOG.
d.
General Criteria.
1.
Installation Requirements. All existing, proposed, or newly remodeled
food service facilities inside the Borough of Highlands wastewater
service area shall be required to install, at the user's expense,
an approved, properly operated and maintained grease trap.
2.
Sanitary Sewer Flows. Sanitary sewer flows from toilets, urinals,
lavatories, etc. shall not be discharged into the grease trap. These
flows shall be conveyed separately to the sanitary sewer service lateral.
3.
Floor Drains. Only floor drains which discharge or have the potential
to discharge grease shall be connected to a grease trap.
4.
Garbage Grinders/Disposers. It is recommended that solid food waste
products be disposed of through normal solid waste/garbage disposal
means. If a grinder/disposal is used it must be connected to the grease
trap. The use of grinders is discouraged since it decreases the operational
capacity of the grease trap and will require an increased pumping
frequency to ensure continuous and effective operation.
5.
Dishwashers. Commercial dishwashers must be connected to the grease
trap. Dishwashers discharge soap and hot water which can melt grease
and allow it to pass through an undersized grease trap. Traps must
be sized accordingly to allow enough detention time to allow water
to cool and grease to solidify and float to the top of the trap.
6.
Location. Grease traps shall be installed upstream from the sanitary
sewer service lateral connection and pursuant to the specifications
submitted to and approved by the plumbing subcode official. This will
allow easy access for inspection, cleaning, and removal of the intercepted
grease at any time. A grease trap may not be installed without written
approval by the plumbing subcode official.
7.
Pass Through Limits. No user shall allow wastewater discharge concentration
from grease trap to exceed 100 MgPL (milligrams per liter) as identified
by EPA method 1664A.
e.
Design Criteria.
1.
Construction. Grease traps shall be constructed in accordance with
the National Standard Plumbing Code (2015) and shall have a minimum
of two (2) compartments with fittings designed for grease retention.
All grease removal devices or technologies shall be subject to the
written approval of the plumbing subcode official. Such approval shall
be based on demonstrated removal efficiencies of the proposed technology.
2.
Access. Access to grease traps shall be available at all times, to
allow for their maintenance and inspection.
3.
Load-Bearing Capacity. In areas where additional weight loads may
exist, the grease trap shall be designed to have adequate load-bearing
capacity. (Example: vehicular traffic in driving or parking areas.)
4.
Inlet and Outlet Piping. Wastewater discharging to a grease trap
shall enter only through the inlet pipe of the trap. Each grease trap
shall have only one (1) inlet and one (1) outlet pipe.
5.
Grease Trap Sizing. All grease traps shall have a capacity of not
less than one thousand (1,000) gallons nor exceed a capacity of three
thousand (3,000) gallons. Grease traps shall be sized in accordance
with the National Standard Plumbing Code (2015), Chapter 6.2.10. If
the calculated capacity exceeds three thousand (3,000) gallons, multiple
units plumbed in series shall be installed.
f.
Grease Trap Maintenance.
1.
Cleaning/Pumping. The user, at the user's expense, shall maintain
all grease traps to assure proper operation and efficiency. Maintenance
of grease trap shall include the complete removal of all contents,
including floating materials, wastewater, and bottom sludge and solids.
This work shall be performed by a qualified and licensed hauler. Decanting
or discharging of removed waste back into the trap from which it was
removed or any other grease trap, for the purpose of reducing the
volume to be disposed, is prohibited. This service shall also include
a thorough inspection of the trap and its components. Any needed repairs
shall be noted. Repairs shall be made at user's expense.
2.
Cleaning/Pumping Frequency. The grease trap must be pumped out completely
a minimum of once every four (4) months, or more frequently, as determined
by the plumbing subcode official, as needed to prevent carry over
of grease into the sanitary sewer system.
3.
Disposal. All waste removed from each grease trap must be disposed
of at a facility approved to receive such waste in accordance with
the provisions of this program. In no way shall the pumpage be returned
to any private or public portion of the Borough's sanitary sewer collection
system. All pumpage from grease traps must be tracked by a manifest,
which confirms pumping, hauling, and disposal of waste. The customer
must obtain and retain a copy of the original manifest from the hauler.
4.
Maintenance Log. A grease trap cleaning/maintenance log indicating
each pumping for the previous twenty-four (24) months shall be maintained
by each food service facility. This log shall include the date, time,
amount pumped, hauler, and disposal site and shall be kept in a conspicuous
location for inspection. Said log shall be made available to the plumbing
subcode official or his representative upon request.
5.
Submittal of Records. Each user shall submit all cleaning and maintenance
records to the plumbing subcode official. The maintenance records
shall include the following information:
(a)
Facility name, address, contact person, and telephone number.
(b)
Company name, address, telephone number, and contact name of
person responsible for performing the maintenance, cleaning, pumping,
or repair of grease trap.
(c)
Types of maintenance performed.
(d)
Dates maintenance was performed.
(e)
Date of next schedule maintenance.
(f)
Copies of manifests.
(g)
The user shall be required to submit maintenance records to
the plumbing subcode official and to the Department of Public Works
on a biannual basis (twice per year). Records shall be submitted by
March 1 and September 1 of each year. The records shall be submitted
to:
|
Plumbing Subcode Official
|
|
Borough of Highlands
|
|
42 Shore Drive
|
|
Highlands, NJ 07732
|
|
and
|
|
Department of Public Works
|
|
Borough of Highlands
|
|
42 Shore Drive
|
|
Highlands, NJ 07732
|
(h)
The plumbing subcode official, construction official or their
designees within the Department of Buildings and Housing, and/or the
Department of Public Works, will perform periodic inspections of these
facilities and shall notify the user of any additional required maintenance
or repairs. Upon written notification by the plumbing subcode official,
construction official or their designees within the Department of
Buildings and Housing, or the Department of Public Works, the user
shall be required to perform the maintenance and provide records of
said maintenance within fourteen (14) calendar days. Upon inspection
by the plumbing subcode official, construction official or their designees
within the Department of Buildings and Housing the user may be required
to install, at his expense, additional controls to provide a complete
system which prevents discharges of undesirable materials into the
wastewater collection system.
g.
Additives. Any biological additive(s) placed into the grease trap
or building discharge line including, but not limited to, enzymes,
commercially available bacteria, or other additives designed to absorb,
purge, consume, treat, or otherwise eliminate fats, oils, and grease
shall require written approval by the plumbing subcode official, construction
official or their designees within the Department of Buildings and
Housing prior to use. The use of such additives shall in no way be
considered as a substitution to the maintenance procedures required
herein.
h.
Chemical Treatment. Chemical treatments such as drain cleaners, acid,
or other chemical solvents designed to dissolve or remove grease shall
not be allowed to enter the grease trap.
i.
Enforcement and Fines.
1.
Recovery of Damages. When the discharge from a food service facility
causes an obstruction, damage, or any other impairment to the treatment
works, or causes any expense, fine, penalty, or damage of whatever
character or nature to the Borough, the plumbing subcode official,
construction official or their designees within the Department of
Buildings and Housing shall invoice the owner for same incurred by
the Borough. If the invoice is not paid, the plumbing subcode official,
construction official or their designees within the Department of
Buildings and Housing shall notify the Borough Attorney to take such
actions as shall be appropriate to seek reimbursement.
2.
Tampering. No food service facility may disconnect, reroute, or otherwise
alter any connection to the grease trap without the written approval
of the plumbing subcode official, construction official or their designees
within the Department of Buildings and Housing.
3.
Penalty. A violation of this subsection is subject to the penalty provisions of Section 3-9 of the General Ordinances of the Borough of Highlands.
4.
Remedies Nonexclusive. The remedies provided for in this subsection
are not mutually exclusive. The plumbing subcode official, construction
official or their designees within the Department of Buildings and
Housing, and code enforcement official may take any, all, or any combination
of these actions against a noncompliant person.
j.
Interfering with Inspection. No food service facility may unreasonably
interfere with the inspection of its grease trap or maintenance logs.
Anyone who unreasonably interferes with the inspection of a grease
trap or its maintenance logs shall be subject to a fine of not more
than two hundred fifty ($250.00) dollars.
[1]
Editor's Note: Former subsection 16-3.6, Time for Compliance,
previously codified herein, was repealed in its entirety by Ordinance
No. O-08-03.
A code regulating the installation, maintenance, repair and
control of the plumbing of buildings, and the connection thereof with
outside sewers, cesspools or other receptacles, regulating the practice
of plumbing and the issuance of licenses to practice plumbing is hereby
established pursuant to the provisions of Chapter 275, P.L. of 1948.
A copy of the code is annexed hereto and made a part hereof without
the inclusion of the text thereof herein.
The code established and adopted by this section is described
and commonly known as the "Plumbing Code of New Jersey (Revised 1964),"
Part E of the Standard Building Code of New Jersey and any amendment
thereto.
Three copies of the Plumbing Code of New Jersey (Revised 1964),
similarly marked, have been placed on file in the office of the borough
clerk and will remain on file in that office for the use and examination
of the public.
In connection with the provisions of this section and the code
hereby established and adopted as a part hereof, the following fees
shall be charged and received:
b.
(Reserved)
c.
For filing of plans for a proposed plumbing work, $2.00.
d.
For the issuance of a permit for a proposed plumbing construction
or alteration, per fixture, $1.00.
e.
For the issuance of a permit for the replacement of a plumbing fixture,
$1.00.
f.
For each reinspection of plumbing work caused by the failure of the
licensee to comply with the provisions of the code or permit issued,
$5.00.
g.
Initial fee for septic tank inspection, $3.00.
[Ord. No. O-2015-15]
It shall be unlawful for any person to keep in his/her possession
any goats, sheep, swine, horses, rabbits, chickens, pigeons or other
fowl except as hereinafter provided.
[Ord. No. O-2015-15]
It shall be deemed that the Board of Health shall have the power
and duty to regulate the control of pigeon fanciers in the Borough
of Highlands. Pigeon fanciers shall be allowed when sanitary conditions,
proper loft management and good loft construction prevail. The Executive
Officer shall make an inspection every six (6) months and a Health
Permit shall be given.
[Ord. No. O-2015-15]
a.
Any person found guilty of violating any of the foregoing provisions
concerning possession of prohibited animals shall be subject to a
fine not to exceed two hundred fifty ($250.00) dollars for an initial
violation. For a second violation, the fine shall not exceed five
hundred ($500.00) dollars. For a third violation, the fine shall not
exceed seven hundred fifty ($750.00) dollars. For a fourth violation,
the fine shall not exceed one thousand ($1,000.00) dollars. For a
fifth violation, the fine shall not exceed fifteen hundred ($1,500.00)
dollars. For a sixth violation, the fine shall not exceed two thousand
($2,000.00) dollars as well as for any violation thereafter. Additionally,
when an offender is found to be a repetitious offender, the offender
shall be subject to not more than thirty (30) days imprisonment in
the County jail for each subsequent offense. A repeat offender shall
be defined as an individual who has violated the statute more than
three (3) times within a four-week period of time.
b.
Each day that this section is violated shall constitute a separate
offense.
