[HISTORY: Adopted by the Board of Health of the Township of Maplewood 2-4-1975
by Ord. No. 1439 as Ch. BH-II of the 1974 Revised General
Ordinances. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Administrative
Code of the Board of Health of the Township of Maplewood" and is herein referred
to as the "code."
There shall be a Secretary to the Board of Health who shall act as clerk
to the Board, keep an accurate record of all official actions of the Board
and carry out such other duties as may be imposed by the Board.
There shall be a Health Officer who shall act as the executive officer
and general agent of the Board. He shall assign duties to the other employees
of the Board and supervise their activities. The Health Officer shall enforce
the laws of the state relating to public health and the ordinances of the
Board and carry out such additional duties as may be imposed upon him by the
Board. The term of office of the Health Officer shall be one (1) year.
There shall be a Plumbing Inspector who shall enforce the ordinances
of the Board and the laws of the State of New Jersey relative to plumbing
and shall perform such other duties as may be imposed upon him by the Board
or its executive officer. The term of office of the Plumbing Inspector shall
be one (1) year.
There shall be a Sanitary Inspector who shall enforce the ordinances
of the Board and the laws of the state relating to public health and shall
perform such other duties as may be imposed upon him by the Board or its executive
officer.[1]
The Board shall employ from time to time for such periods as the Board
shall determine such professional, technical and clerical employees as are
necessary for the proper and efficient administration of the affairs of the
Board.
Whenever the Health Officer finds that the public safety will not permit
delay, he may exercise one (1) 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 the 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.
C.
Communicable diseases.
(1)
Medical examinations.
(a)
Whenever the Board of Health shall deem it necessary
to establish the true character of any disease which in its opinion may be
communicable, a medical examination of the person infected may be required
by a physician designated by the Board of Health, and such specimens of excretion
or other material for examination shall be taken from such persons, and it
shall be the duty of the person to submit to the examination and furnish the
necessary specimens. No person shall interfere with or prevent the securing
of such specimens.
(b)
The Board may cause any person suspected to be infected
with a communicable disease to be isolated or quarantined until medical or
laboratory examinations show that the person is free of the causative organisms
of the disease.
(2)
Carriers.
(a)
The Board may, if it shall be deemed necessary, require
a person believed to be a carrier of communicable disease germs to furnish
specimens for examination. It shall be the duty of such person to furnish
the necessary specimens for examination or to permit the Health Officer or
his representative to collect the specimens.
(b)
For the purpose of this subsection, all "carriers" shall
be considered as being affected with the disease and shall be subject to and
comply with all provisions of the rules and regulations of the Board of Health
which relate to the quarantine, isolation and control of persons affected
with such disease.
A.
Inspection of premises. The Board of Health and its members,
agents or employees shall have the right to enter into and upon any premises,
public or private building or vehicle for the purpose of enforcing the provisions
of this 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 Board of Health or any of its members, agents or employees in the
performance of their duty.
B.
Search warrant. If the owner or occupant of any premises
refuses to permit entry for the purpose of inspection, the Board of Health
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 provide
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.
A.
Issuance. All applications for licenses or permits required
by this code, except where otherwise specifically provided, shall be made
to the office of the Board of Health, Municipal Building, and shall be in
such form and detail as the Board shall prescribe. Upon filing of such an
application and the payment of the fee prescribed herein, the Health Officer
is authorized to issue a license or permit to the applicant, provided that
he has complied with all the requirements and the relevant rules and regulations
provided in this code.
B.
Revocation. In the event of the violation of any of the
provisions of this code or of the relevant rules and regulations provided
herein, a license or permit issued pursuant to this code may be revoked after
a hearing before the Board of Health upon charges filed with the Board and
a time for the hearing fixed, of which the holder of the license or permit
shall have at least one (1) week's notice by mail, addressed to the address
of the holder of the license or permit as the same appears upon the aforesaid
application. The penalty of revocation provided in this subsection shall be
in addition to any other penalties provided for violation of this chapter
or any other ordinance of the Board. No person shall operate any business
or conduct any activity for which a license or permit is required by this
code or the amendments thereof or supplements thereto after revocation or
during the period of suspension.
C.
Suspension. In the event of the violation by the holder of a license or permit of any of the provisions of this code or of the relevant rules and regulations provided therein, where the effect of such violation is such as to constitute a hazard or injury to the public health, the Health Officer is authorized to suspend the license or permit pending the hearing before the Board of Health provided in Subsection B. In the event of such suspension, the Health Officer shall, within twenty-four (24) hours after notice of suspension, give to the holder of such license or permit an opportunity for hearing before him and to present such evidence as may be desired concerning the violation. After hearing, the Health Officer may continue or discharge the suspension, but if continued, an early hearing shall be provided by the Board.
D.
Display. All permits and licenses shall be prominently
displayed upon the premises for which they were issued, and upon each vehicle
or device used in the business for which a license or permit is required there
shall be displayed at all times in plain sight, on the left side or rear of
the vehicle or device, the current license or permit sign as may be provided
by the Board.
E.
Exhibition of license. Every holder of a
license or permit shall exhibit it upon demand to any member of the Board,
the Health Officer or any other authorized representative of the Board or
any police officer of the township.
There shall be, when appointed by the Board of Health special health
reporting officers, who shall promptly report to the Board every violation
of health ordinances, rules and regulations which may come within their observation
and knowledge. The police and fire officers of the township may be designated
special health reporting officers of the Board of Health.
