Borough of Brookhaven, PA
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2019-06-03
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Part 8: Business Regulation And Tax Code
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Title Two - Business Regulation
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Chapter 822 Food Code
- Part 2: Administration Code
- Title Two - General Provisions
- Ch 202 Codified Ordinances
- Ch 204 Official Standards
- Ch 206 Wards and Boundaries
- Ch 208 General Fee Schedule
- Ch 210 Schedule of Attorney Fees
- Title Four - Legislation
- Ch 220 Council
- Ch 222 Ordinances and Resolutions
- Title Six - Administration
- Ch 230 Mayor
- Ch 232 Solicitor
- Ch 234 Auditors
- Ch 236 Tax Collector
- Ch 238 Treasurer
- Ch 240 Secretary
- Ch 242 Police Department
- Ch 244 Fire Department
- Ch 246 Building Inspector
- Ch 248 Engineer
- Ch 250 Zoning Officer
- Ch 252 Purchasing
- Title Eight - Boards and Commissions
- Ch 260 Civil Service Commission
- Ch 262 Zoning Hearing Board
- Ch 264 Planning Commission
- Ch 266 Recreation Board
- Ch 268 Board of Health
- Title Ten - Employees and Pension Plans
- Ch 280 Employees Generally
- Ch 282 Police Pension Plan
- Title Twelve - Judicial
- Ch 290 District Justice of the Peace
- Part 4: Traffic Code
- Title Two - Administration, Enforcement And Penalties
- Ch 420 Definitions
- Ch 422 Traffic Control
- Ch 424 Accident Reports
- Ch 426 Penalties
- Title Four - Public Ways and Traffic Control Devices
- Ch 440 One-Way Streets
- Ch 442 Stop Streets
- Ch 444 Traffic Control Devices
- Ch 446 Parades
- Ch 448 Skateboards
- Title Six - Operation
- Ch 460 Operation Generally
- Ch 462 Speed
- Title Eight - Vehicles
- Ch 480 Commercial and Heavy Vehicles
- Ch 482 Junk, Wrecked and Abandoned Vehicles
- Title Ten - Parking
- Ch 490 Parking Generally
- Part 6: General Offenses Code
- Ch 606 Administration and Enforcement
- Ch 610 Advertising and Billposting
- Ch 612 Alcoholic Beverages
- Ch 614 Animals
- Ch 652 Noise Control
- Ch 656 Obscenity and Sex Related Offenses
- Ch 660 Offenses Relating to Persons
- Ch 664 Offenses Relating to Property
- Ch 668 Peace Disturbances
- Ch 670 Consumer Fireworks
- Ch 680 Safety, Sanitation and Health
- Ch 683 Special Events
- Ch 686 Trees, Weeds and Grass
- Ch 694 Weapons
- Part 8: Business Regulation And Tax Code
- Title Two - Business Regulation
- Ch 818 Amusement Devices
- Ch 820 Barber and Beauty Shops
- Ch 821 Community Antenna Cable Television Systems
- Ch 822 Food Code
- § 822.01 Title.
- § 822.02 Food employee certification.
- § 822.03 Food Code Regulations.
- § 822.04 Additions to the Food Code.
- Ch 823 Tattoo Parlors, Body Piercing, Beading and Body Jewelry Establishments
- Ch 824 Laundromats
- Ch 828 Peddlers and Solicitors
- Ch 830 Precious Metals Dealers
- Ch 832 Shopping Carts
- Ch 834 Temporary Sidewalk/Street Sales
- Ch 836 Transient Merchants
- Ch 840 Video Cassette Sales and Rental Stores
- Ch 843 House and Apartment Registration
- Title Four - Taxation
- Ch 880 Amusement Tax
- Ch 884 Mercantile Tax
- Ch 888 Real Estate Tax
- Ch 892 Realty Transfer Tax
- Ch 896 Business Privilege Tax
- Ch 898 Earned Income Tax
- Ch 899 Taxpayers Bill of Rights
- Part 10: Streets, Utilities and Public Services Code
- Title Two - Street And Sidewalk Areas
- Ch 1020 Improvements Generally
- Ch 1022 Street Paving
- Ch 1024 Sidewalk and Curb Construction and Repair
- Ch 1026 Excavations
- Title Four - Utilities
- Ch 1040 Water
- Ch 1042 Sewers
- Ch 1043 Industrial Wastewater Pretreatment Regulations
- Ch 1044 Electricity
- Ch 1046 Gas
- Ch 1048 Wires, Cables and Poles
- Ch 1050 Right-Of-Way Access
- Title Six - Other Public Services
- Ch 1060 Garbage and Rubbish Collection and Disposal
- Ch 1061 Recycling
- Ch 1062 Parks and Recreation Areas
- Ch 1064 Emergency Operations Plan
- Ch 1066 Audible Alarms and Automatic Protection Devices
- Part 12: Planning and Zoning Code
- Title Two - Land Planning
- Ch 1220 Planning Commission
- Ch 1222 Development Plans
- Ch 1224 Development Specifications
- Ch 1226 Private Streets
- Ch 1228 Fire Hydrants
- Ch 1230 Stormwater Management
- Ch 1232 Professional Consultants
- Title Four - Zoning
- Part 14: Building and Housing Code
- Title Two - Building Regulations
- Ch 1403 International Residential Code
- Ch 1404 Building Code
- Ch 1405 International Existing Building Code
- Ch 1406 Boca National Building Code
- Ch 1407 Uniform Construction Code
- Ch 1408 Building Permits and Fees
- Ch 1409 Change in Occupancy of Commercial Units
- Ch 1410 Contractors
- Ch 1412 Fallout Shelters
- Ch 1416 Fences
- Ch 1420 Flood Plain Hazards
- Ch 1424 Garbage Disposal Units
- Ch 1428 Gasoline Service Stations
- Ch 1432 Grading, Drainage and Erosion Control
- Ch 1434 Inspection of Nonresidential Property
- Ch 1436 Insulation
- Ch 1437 Numbering of Buildings
- Ch 1438 Parking Lots
- Ch 1439 Rapid Emergency Entry Systems
- Ch 1440 Signs (Repealed)
- Ch 1442 Smoke Detection Devices
- Ch 1444 Swimming Pools
- Ch 1448 Unoccupied Buildings
- Ch 1452 Unsafe Buildings
- Ch 1456 Utility Houses or Sheds
- Ch 1458 Carbon Monoxide Detection
- Title Four - Electrical Regulations
- Ch 1470 Electrical Code
- Ch 1474 Electrical Permits and Fees
- Title Six - Plumbing and Heating Regulations
- Ch 1480 Plumbing and House Drainage Code (Repealed)
- Ch 1484 Plumbing and Heating Permits and Fees
- Ch 1485 Home Heating Oil Tanks
- Ch 1486 Gas Heat and Gas Appliances (Repealed)
- Ch 1488 Oil Burner Code (Repealed)
- Ch 1489 Water Conservation Standards for Plumbing Fixtures
- Ch 1490 Wood/Coal Burning Stoves
- Title Eight - Housing Regulations
- Ch 1494 International Property Maintenance Code
- Part 16: Fire Prevention Code
- Ch 1604 American Insurance Association Fire Prevention Code
- Ch 1610 Boca National Fire Prevention Code
- Ch 1620 Fire Insurance
- Appendix
- Apx A Table of Special Ordinances
- Apx B Statutory Reference Tables
- Disposition List
- Ch DL Disposition List
STATUTORY REFERENCES
Abatement of nuisances by Board of Health — See
8 Pa.C.S.A. §§ 3106 and 3108.
Appropriations for handling, distribution and storage of surplus
food — See Borough Code, 8 Pa.C.S.A. § 1202(4)
and (5).
Authority to prohibit accumulation of garbage and refuse — See
Borough Code, 8 Pa.C.S.A. § 1202(10).
Board of Health Secretary; report to the Department at statutory
or regulatory intervals the cases of communicable disease reported
to the Board — See 8 Pa.C.S.A. § 3104.
Health and cleanliness regulations — See Borough
Code, 8 Pa.C.S.A. § 1202(5).
[Ord. 704, passed 1-6-2006]
This chapter shall be known and may be cited as the Food Code.
[Ord. 704, passed 1-6-2006]
The Food Employee Certification Act, 3 Pa.C.S.A. §§ 6501
et seq., as amended from time to time, and regulations promulgated
pursuant thereto by the Pennsylvania Department of Agriculture are
hereby incorporated into the codified ordinances of the Borough. The
Food Employee Certification Act and its regulations are to be enforced
by the Borough's Health Inspector against all food establishments
within the Borough.
[Ord. 704, passed 1-6-2006; Ord. 785, passed 9-14-2015]
The Food Code Regulations promulgated by the Pennsylvania Department
of Agriculture, 7 Pa. Code §§ 46.1 et seq., as amended
from time to time, are hereby incorporated into the codified ordinances
of the Borough. The Food Code regulations are to be enforced by the
Borough's Health Inspector.
[Ord. 704, passed 1-6-2006]
The following amends the above-referenced laws and regulations,
which are incorporated herein by reference in this chapter, allowing
for the closure of businesses and right to appeal under the following
circumstances.
(A)
Closure of business. When, in the opinion of the Borough's Health
Inspector, any establishment in which there exists any unsanitary
conditions, or any condition or conditions that present a threat or
hazard to the health and well-being of the patrons of the establishment
or the citizens of the Borough, shall be given not less than one hour
nor more than one week notice to correct the improper condition or
conditions. Upon failure of the owner(s) to correct the improper condition
or conditions, an immediate closure of the business shall be ordered.
The Health Inspector shall immediately place at the entrance a sign
reading "Closed by the Health Inspector." Any establishment that continues
operation after the issuance of the closure order or which removes,
causes to be removed, or permits the removal of the aforementioned
sign by anyone except the Health Inspector shall be subject to a fine
of not less than $150 nor more than $300 for each day that the offense
continues, together with the costs of prosecution. In default of payment
of fine and costs, the owner may be imprisoned for 15 days for each
day of the violation. The Health Inspector shall remove the above-referenced
sign whenever the improper conditions have been removed.
(B)
Right to appeal. Any person directly affected by a decision of the
Health Inspector or a notice or order issued under this section, shall
have a right to appeal to the Borough Council and be afforded a hearing
in accordance with Local Agency Law, 2 Pa.C.S.A. §§ 551
et seq., provided that a written application for appeal is filed within
20 days after the day that the decision, notice or order was served.
The Borough Council shall meet within 10 days of the filing of the
appeal. An application for appeal shall be based on a claim that the
true intent of the applicable laws and regulations have been incorrectly
interpreted, do not apply, or the requirements have adequately satisfied
by other means. The appeal will not stay the enforcement of the notice
or order while the appeal is being heard by the Borough Council.
