Town of Newtown, CT
Fairfield County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Health District as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 195.
Subdivision of land — See Ch. 560.
Water and Sewer Authority — See Ch. 690.
[Adopted 5-10-1995]
A. 
This article shall be known and may be cited as the "Sanitary Code of the Newtown District Department of Health" (hereinafter "Sanitary Code").
B. 
The purpose of this code is to reduce the probability of water pollution by establishing standards for the construction of water supplies, sewage disposal systems, and to promote sewer avoidance, thereby protecting the health and welfare of our citizens.
C. 
The Regulations of Connecticut State Agencies, Title 19, Health and Safety, Department of Public Health and Addiction Services (hereinafter the "Connecticut Public Health Code"), as amended, is hereby made a part of this Sanitary Code and shall apply and govern all cases except where such provisions of the Sanitary Code shall have more stringent requirements. All references to the Connecticut Public Health Code shall be to the Connecticut Public Health Code as amended.
D. 
No dwelling, apartment, boardinghouse, hospital or other structure or improvement shall be constructed in the District unless the sanitation facilities are approved by the District Director of Health and are in accord with the provisions of the Sanitary Code.
As used in this article, the following terms shall have the meanings indicated:
HEALTH REVIEW PANEL
Established as an appeals board. It consists of the Director of Health and a designee from each of the following: the Conservation Commission, the Planning and Zoning Commission and the Water Pollution Control Agency.
MINIMUM LEACHING SYSTEM SPREAD (MLSS)
As amended, is a method of calculating the hydraulic impact of the leaching area on the underlying soil and assessing the capability of the soil to disperse the effluent. A MLSS or equal must be calculated for all new and repair septic proposals.
NEWTOWN DISTRICT DEPARTMENT OF HEALTH
Also known as the "Newtown Health District."
SOIL TESTING
Deep observation pits, dug in the proposed septic area, extending a minimum of seven feet or four feet below the bottom of the leaching system. A soil test also includes percolation tests dug to the depth of the proposed leaching area and presoaked for a minimum of two hours before the test is conducted. A minimum of one percolation test and two deep observation pits shall be conducted in the location of the proposed primary system, and a percolation hole and a deep test in the reserve area.
WATERCOURSES AND WETLANDS
The terms "watercourse" and "wetlands" shall have the same meanings as those terms are defined in the Inland Wetlands and Watercourse Regulations of the Town of Newtown, Connecticut, as amended, and in the Connecticut Public Health Code.[1]
[1]
Editor's Note: See the regulations included in Ch. 510, Inland Wetlands and Watercourses.
The following regulations shall govern the construction of all water supplies for new residences in the District or existing residences in the sewer avoidance area as identified in the WPCA Water Pollution Control Plan for the Town of Newtown:
A. 
Extend or develop a public water supply if economically feasible. Any new public water system must seek approval from the Department of Public Utilities Control and the Department of Public Health and Addiction Services through the certificate of needs and necessity identified in Connecticut General Statutes Section 16-262m. If neither option is possible, construct individually drilled wells complying with the provisions of the Regulations of Connecticut State Agencies, Article 4, Sections 25-128-33 through 25-128-57 and Sections 25-128-61 through 25-128-64 and appendix; also, the Connecticut Public Health Code 19-13-B51(a) through (m), inclusive. A satisfactory water quality test must also be submitted.
B. 
The location of all proposed wells shall be indicated on proposed subdivision plans and on the plot plan for individual residences or buildings. No more than 25 feet of the well radius shall infringe on adjacent properties. Any new well shall meet the separation distances established by Section 19-13-B51d of the Connecticut Public Health Code between wells and sewage disposal facilities, drains and any other items for which it may establish separation distances, including underground oil storage tanks.
C. 
A copy of the foundation as built must be submitted before well permit approval.
D. 
A yield of at least the following will be considered a satisfactory water supply:
Depth of Well
(feet)
Yield in Gallons per Minute
100 or less
5
101 to 150
3 1/2
151 to 200
2
201 to 300
1
Over 300
1/2
E. 
The static level of the well shall indicate that it is 75% full of water, or either the next higher yield shall be used or an adequate storage tank, approved by the Director of Health, shall be installed.
F. 
The well casing diameter shall be at least six inches.
G. 
The above requirements refer only to average household water usage.
H. 
Any repairs (that is, hydrofracting, redevelopment, etc.) performed on a water supply will require the well contractor to obtain a permit in accordance with Section 25-128-61 of the Regulations of Connecticut State Agencies and file the altered permit with the Health District.
I. 
Any new well or repair as identified in Subsection H must perform and submit to the Health District a satisfactory chemical and bacterial water test.
The following shall govern the construction of all sewage disposal facilities in the District:
A. 
Extend public sewers in the sewered area, whenever feasible, to facilitate correction of chronic septic system failures. New development must abide by the WPCA plans for undeveloped properties within the sewered area.
B. 
The area outside of the sewered area as identified by the WPCA is the sewer avoidance area and shall be under the WPCA Sewer Avoidance Policy.
C. 
Where land is being subdivided or where a new lot is being created, the following criteria shall apply:
(1) 
A percolation rate of less than one inch in 30 minutes is not acceptable for a sewage disposal system.
(2) 
A minimum of 24 inches of separating distance is required between the bottom of the leaching field and high groundwater, mottling and/or hardpan. At least 18 inches of this separating distance shall be naturally occurring soil (original ground). A curtain drain may be needed to control groundwater.
(3) 
Ledge rock shall be at least four feet below the bottom of the leaching fields. At least two feet of this separation distance must be in original ground.
(4) 
No portion of any sewage disposal system shall be located within 100 feet of any brook, stream or other open watercourse as defined in § 621-2.
(5) 
MLSS must be calculated for all lots or a hydraulic analysis may be performed with the results submitted for the septic proposals.
(6) 
If there is an existing residence on the property, the existing septic system and water supply shall be located on the plan, identified by examination, and demonstrated to be a functional system. A visible tested reserve area must be established.
D. 
For land that is being subdivided or when a new lot is created of less than one acre that is served by both an individual well and a subsurface disposal system, in addition to the requirements of Subsection C(1) through (6) above, an applicant shall satisfy the requirements of Subsection E below. For the purpose of this subsection and Subsection C above, wetlands and areas within 50 feet of an open watercourse shall be excluded from the computation of lot size.
E. 
For existing lots, at least 1/2 acre is required if both an individual well and a subsurface sewage disposal system are proposed to be used.
F. 
Where Subsection C is applicable, or where the lot size requirements of Subsection D cannot be satisfied, the applicant may appeal to the Health Panel Review. A recommendation for approval of the application shall be determined by means of an affirmative vote from the majority of the Panel. The applicant shall demonstrate the following:
(1) 
For new subdivision lots or newly created lots of less than one acre (as defined in Subsection D above):
(a) 
The present availability of sewers or present availability of year-round public water supply; or
(b) 
Compliance with Subsection C(1) through (6);
(c) 
Compliance with all other state and local Sanitary Code requirements;
(d) 
Absence of "areas of special concern" as defined in the Connecticut Public Health Code;
(e) 
That there will be no adverse impact on water supply or subsurface sewage disposal systems off site.
(2) 
For existing lots of less than 1/2 acre:
(a) 
Present availability of sewers or present availability of year-round public water supply.
(b) 
Compliance with Subsection C(1) through (6).
(c) 
Compliance with all other state and local Sanitary Code requirements.
(d) 
Absence of "areas of special concern" as defined in the Connecticut Public Health Code.
(e) 
That there will be no adverse impact on water supply or subsurface sewage disposal systems off site.
G. 
If public sewers are not available:
(1) 
No building shall be converted so as to enable its use year-round nor shall its use be changed unless after the conversion or use change the lot satisfies all the current requirements of the Sanitary Code for subsurface sewage disposal systems; and
(2) 
No addition for any building which reduces the lot area available for subsurface sewage disposal systems shall be constructed unless after the addition the lot satisfies all the current requirements of the Sanitary Code for subsurface sewage disposal systems. If the lot satisfies all the current requirements except for the one-hundred-percent reserve area, an addition shall be permitted only if it adds only one room beyond the number of rooms existing at the time the subsurface sewage disposal system was installed and does not reduce the area of the lot available for subsurface sewage disposal.
(3) 
The conversion or change in use must conform to the Connecticut Public Health Code 19-13-B-100, as amended.
A. 
Each proposed building lot requires a minimum of two percolation tests and three deep observation pits in accordance with the definition of "soil testing" in § 621-2 prior to the approval of the proposed subdivision or individual lot. Solid four-inch-diameter PVC stand pipes, or accepted equal, may be placed in each deep observation pit to mark the location and allow monitoring of the groundwater level for a minimum of 18 months, or other method of monitoring approved by the Director of Health.
B. 
Prior to issuance of a permit to construct a septic system, the soil drainage characteristics and the level of highest groundwater shall be determined by conducting soil tests in accordance with the definition of "soil testing" in § 621-2. The testing is to be witnessed by the Director of Health or an authorized representative.
C. 
High groundwater levels may be ascertained by examining the soil profile in the deep test pits and observing where mottling appears. The maximum observable soil mottling level shall then be considered the level of high groundwater. When the soil conditions are inadequate for the Director of Health or authorized representative to ascertain the maximum groundwater level, the test shall be measured at a time the Director of Health deems acceptable in accordance with Subsection D.
D. 
Soil tests may be conducted during the normally wet seasons of the year. Conditions shall be presumed to be suitable unless the Director of Health has posted a notice in writing in the Newtown Town Clerk's office that ground conditions are not suitable for testing. Said notice shall be posted at least three days prior to the date on which it is effective and shall continue until rescinded by a further notice in writing that ground conditions are again suitable for testing.
E. 
Approval shall be obtained from the Department of Public Health and Addiction Services and the Newtown Health District for subsurface sewage disposal systems with a design flow exceeding 2,000 gallons per day but not more than 5,000 gallons per day. For subsurface sewage disposal systems with a design flow exceeding 5,000 gallons per day, approval shall be obtained solely from the Connecticut Department of Environmental Protection.
The following shall be used to govern the use of fill:
A. 
In cases where fill is required to alter a site to accommodate a leaching system due to the proximity of groundwater, mottling or hardpan too close to the ground surface, a minimum separating distance of 18 inches to 24 inches between the bottom of the leaching system and the restricting layer shall be in natural soil (i.e., original ground).
B. 
When more than four feet of fill is required to establish a leaching system, the completed fill package shall be allowed to settle through one winter season or shall be mechanically compacted and additional soil testing performed. If the quality of the fill is still in question, a sieve analysis and/or a modified optimum density test shall be required. All fill shall be certified by the design engineer as being a course-textured, well-graded sand and gravel soil mixture with no more than 5% by dry weight passing the No. 200 sieve or other state-approved method for acceptance of fill. The porous fill shall not have a slower percolation rate than the underlying soil, or the septic system shall be sized based on the slower rate.
C. 
The fill shall be certified by percolation tests done to the depth of the fill and at least one percolation test extending into the original ground and witnessed by a representative of the Health District or other means acceptable to the Director of Health. The perc in the original soil must yield the same perc rate that was observed before the fill was placed.
D. 
The fill package must extend at least 15 feet past the edges of the leaching trenches before beginning a two-to-one slope to original grade.
E. 
A reserve area shall be required for all new leaching systems. The minimum site investigation requirements to determine feasibility of the reserve area shall include the results of one percolation test and one deep observation pit in the proposed reserve area. A reserve area is not required for repairs, alterations or extensions of existing leaching systems.
F. 
Any community septic system requiring fill in the reserve area must prepare the reserve area at the same time that the primary area is installed.
Before the permit to discharge is issued, the Health District shall be provided with the following information:
A. 
A copy of the foundation as-built.
B. 
Well permit and well completion report.
C. 
A bacteriological, chemical and physical analysis of the well water performed by a laboratory approved by the State of Connecticut. A satisfactory bacteriological report indicates that no coliform colonies are present.
D. 
A well pump permit.
E. 
An as-built diagram of the subsurface sewage disposal system drawn by the installer or engineer as required in the Newtown District As-Built Policy.
A. 
The responsibility for complying with the regulations herein stated rests with the owner or lessee of the land involved.
B. 
Enforcement of these regulations rests with the Director of Health or an authorized representative, who shall issue permits, make inspections at any time and, if a violation is discovered, suspend any permit granted.
C. 
Any person aggrieved by denial of a permit or by suspension of a permit may appeal the decision of the Director of Health to the Newtown Health Panel Review Committee and/or the Commissioner of Health Services of the State of Connecticut under Section 19a-229 of the Connecticut General Statutes and to a court of competent jurisdiction.
D. 
The fees for permits shall be determined by the District Board of Health and shall be posted in the Health District office.
E. 
All permits to construct a septic system shall be valid for a period of one year from the date of issue. The permit shall expire upon failure to start construction within that period and obtain a permit to discharge within 18 months. Permits may be renewed for an additional one-year period by the Director of Health if a reasonable cause for failure to start construction within a one-year period is demonstrated.
F. 
The Director of Health shall hereby have the authority to establish any administrative procedures pursuant to carrying out the provisions and requirements of this code.
It is hereby declared to be the intent that, if a court of competent jurisdiction finds any provisions of this article to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, all other provisions of this article to be separately and fully effective.
A. 
Effect on other requirements. It is not intended that the requirements of any other law or ordinances, except where stated herein, be repealed or otherwise made ineffective by this article. In case of conflict, the strictest of the relevant provisions of this and other laws and ordinances shall apply.
B. 
This article shall become effective 14 days after approval by the Board of Health and publication in a local newspaper.
C. 
Adoption of this article shall repeal the Sanitary Code of the Town of Newtown, adopted by the Legislative Council November 16, 1983, Town Journal 20, Pages 439-450, Ordinance 44A.
[Adopted 9-8-1995]
As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED AGENT
Any individual certified by the Commissioner to inspect food service establishments and enforce the provisions of the Public Health Code of the State of Connecticut under the supervision of the Director of Health.
CATERING FOOD SERVICE ESTABLISHMENT
A business involved in sale or distribution of food and drink prepared in bulk in one geographic location for service in individual portions at another location, hereafter called a "food service establishment."
CLASS I FOOD ESTABLISHMENT
An establishment with commercially prepackaged foods and/or hot or cold beverages only. No preparation, cooking or hot holding of potential hazardous foods is included, except that commercially packaged precooked foods may be heated and served in the original package within four hours.
CLASS II FOOD ESTABLISHMENT
An establishment using cold or ready-to-eat commercially processed food requiring no further heat treatment and/or hot or cold beverages. No cooking, heating or hot holding of potentially hazardous foods is included, except that commercially packaged precooked foods may be heated and served in the original package within four hours, and commercially precooked hot dogs, kielbasa and soup may be heated if transferred directly out of the original package and served within four hours.
CLASS III FOOD ESTABLISHMENT
An establishment having on the premises exposed potentially hazardous foods that are prepared by hot processes and consumed by the public within four hours of preparation.
CLASS IV FOOD ESTABLISHMENT
An establishment having on the premises exposed potentially hazardous foods that are prepared by hot processes and held for more than four hours prior to consumption.
DIRECTOR OF HEALTH
The District Director of Health.
FOOD
Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD SERVICE ESTABLISHMENT
Any place where food intended for individual portion service is prepared and includes the site at which individual portions are provided. This term includes but is not limited to restaurants, cafeterias, luncheonettes, delicatessens and sandwich shops that offer prepared foods in individual service portions.
FOOD STORE
The sale of any food or food product in any store or permanent place of business for consumption off the premises, hereafter called a "food service establishment."
ITINERANT FOOD VENDING ESTABLISHMENT
A food vending business serving food or drink from any establishment or conveyance without fixed location and without connection to water supply and sewage disposal system. A pushcart shall be considered an itinerant food vending establishment, hereafter called a "food service establishment."
LICENSE HOLDER
The person signing the license application form and to whom a license to operate a food establishment, itinerant vending establishment, catering food service or food store establishment is issued.
POTENTIALLY HAZARDOUS FOOD
Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms.
QUALIFIED FOOD OPERATOR
A food operator who has demonstrated a knowledge of safe food handling techniques by holding a current and valid certificate from an organization approved by the Department of Public Health and Addiction Services.
TEMPORARY FOOD ESTABLISHMENT
A food establishment that operates at a fixed location for a period of time not to exceed 14 consecutive days.
A. 
No person shall engage in the business of a food service establishment without a valid license issued by the Director of Health. Only a person who complies with the requirements of this article and the Public Health Code of the State of Connecticut shall be entitled to receive or retain such a license.
B. 
The license holder of every food establishment shall keep a valid license posted in a conspicuous place in the facility. It shall be posted in such a manner so as to be visible to the patrons of the establishment and protected against defacement or damage. Licenses shall not be transferable from one person to another person, from one location to another location, or from one vehicle to another vehicle.
A. 
Any person desiring to operate a food service establishment shall complete an application for a license on forms provided by the Director of Health. Such application shall include the full name, address and telephone number of the owner of the establishment, the location and type of food establishment, signature of the owner(s), and such other pertinent information the Director of Health or authorized agent may require.
B. 
Prior to approval of any application for license, the Director of Health or authorized agent shall have inspected the facility of the proposed licensee and have determined that the premises, personnel, equipment, and storage of the proposed facility is in accordance with the standards of this article and the Public Health Code of the State of Connecticut.
C. 
Prior to issuance of a license, all food service establishments being served by a private well must have a water sample analyzed for bacteria, physical qualities (color, odor, pH, turbidity), nitrate nitrogen, nitrite nitrogen, lead, sodium and copper. These water samples must meet the limits and guidelines of the Environmental Protection Agency and the Connecticut Department of Public Health and Addiction Services.
A. 
Whenever a food service establishment is constructed, remodeled or altered, or whenever an existing structure is converted to use as a food service establishment, application for a food establishment plan review shall be made to the Director of Health or authorized agent. This application shall be submitted along with prepared plans and specifications for such construction, remodeling, or alteration to the Director of Health, or authorized agent, for review and approval before construction, remodeling or alteration is begun. The plans and specifications shall indicate a layout as requested by the Director of Health or authorized agent. The Director of Health, or authorized agent, shall review the plans and specifications to determine compliance with this Ordinance and the Public Health Code of the State of Connecticut. No food service establishment shall be constructed, remodeled, or altered except in accordance with the plans and specification approved by the Director of Health, or authorized agent.
B. 
Whenever plans and specifications are required by Subsection A to be submitted to the Newtown District Department of Health, the Director of Health or authorized agent shall inspect, upon completion of such construction, remodeling or alteration, the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this article and the Public Health Code of the State of Connecticut.
C. 
Prior to issuance of a license for newly constructed food service establishments, the applicant shall complete an application for license on forms provided by the Director of Health as required in § 621-12A. If the food service establishment is served by a private well, a water sample must be analyzed as required in § 621-12C. Newly constructed food service establishments served by public wells must test for bacteria, lead and copper.
D. 
The Director of Health shall issue a license to the applicant if the inspection confirms that the proposed food establishment complies with the requirements of this article and the Public Health Code of the State of Connecticut, and if the bacteriological and physical water analysis meet EPA and Connecticut Health Services guidelines.
The annual fee schedule shall be established by the Newtown District Department of Health and accepted by the Board of Health, hereafter called the "adopted fee schedule." Bona fide civic, charitable, and religious organizations seeking temporary licenses shall be exempt from the payment of any fee for said licenses.
All licenses shall expire on the 30th day of June in each year, and be reviewed for another year upon completion of an application, submittal of a water analysis, to include bacteria, physical qualities (color, odor, pH, turbidity) nitrate nitrogen, nitrite nitrogen, lead, sodium and copper, payment of an annual fee, and submittal of a menu. Failure to return all the required information by July 1 of each year will result in a late penalty charge as set forth in the adopted fee schedule.
A. 
Permits. Any person desiring to operate a temporary food service establishment shall complete an application for a temporary license on forms provided by the Director of Health, which shall include the dates of the proposed operation. A temporary food establishment shall comply with the requirements of this article and of the Public Health Code of the State of Connecticut. The Director of Health or authorized agent may impose additional requirements to protect against health hazards related to the conduct of the temporary food establishment and may prohibit the sale of some or all potentially hazardous foods. Licenses for temporary food service establishments shall be issued for a period not to exceed 14 consecutive days.
B. 
Restricted operations. Only those potentially hazardous foods requiring limited preparation, such as hamburgers and hot dogs that only require seasoning and cooking, shall be prepared and served. The preparation or service of other potentially hazardous foods, including but not limited to pastries filled with cream or synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry, eggs, fish or shellfish is prohibited; unless it can be shown to the full satisfaction of the Director of Health or authorized agent that the potentially hazardous food can and will be prepared, packaged, stored, displayed, or transported under conditions and in facilities meeting requirements of this article and the Public Health Code of the State of Connecticut. All food shall be obtained from approved sources complying with applicable state and federal laws and regulations; and shall be clean, wholesome, free from adulteration and properly labeled. No potentially hazardous foods prepared in a private home or an unpermitted food facility may be used or sold in a temporary food establishment. Home-canned foods are prohibited.
C. 
Temperature control of foods. All potentially hazardous food must be maintained at 45° F. or below, or must be maintained at 140° Fahrenheit or above, at all times. Adequate cooking temperatures of potentially hazardous foods shall be as follows: Poultry, stuffing and stuffed meats shall be heated throughout to a minimum temperature of 165° F. with no interruption of the initial cooking process. Pork and pork products shall be thoroughly cooked to a minimum temperature of at least 150° F., and ground beef and hamburgers shall be thoroughly cooked to 155° F. Equipment must be provided for maintaining these temperatures at all times. Partial cooking of potentially hazardous food is prohibited. A metal stem probe thermometer accurate to plus or minus two degrees must be available to monitor these temperatures. There must be a means available to clean and sanitize all thermometers at the booth, such as alcohol wipes.
D. 
Ice and refrigeration.
(1) 
If ice is to be used for temperature control, the following criteria must be met:
(a) 
Ice must be from an approved source.
(b) 
The ice-holding container must be of a nonporous, easily cleanable surface, with a lid. Styrofoam coolers will not be approved.
(c) 
Ice used for temperature control of food or beverages cannot be used for human consumption.
(d) 
Ice containers must be drained to prevent accumulation of water.
(e) 
Foods must not be in direct contact with ice.
(2) 
If mechanical refrigeration units are used for temperature control, the following criteria must be met:
(a) 
Refrigeration units must be clean, in good repair, and capable of maintaining food temperatures to 45° F. or below.
(b) 
Alternate methods of temperature control must be provided in the event of a power outage.
(c) 
A thermometer shall be placed inside the refrigerator to monitor proper required temperatures.
(d) 
The refrigerator must be 45° F. or below prior to use for temporary event.
E. 
Hand-washing facilities. Hand-washing facilities must be provided in all temporary food establishments except where only prepackaged foods are sold. Where readily available running water is not provided, the following hand-washing measure is acceptable: a minimum of five gallons of potable water in a clean, sturdy dispensing container in which water is drawn from a dispensing spigot. Dipping of hands in water is prohibited. Soap dispensers and disposable towels must also be provided. The use of common towels is prohibited. No liquid waste shall be disposed of on the ground. Liquid waste shall be disposed of as stated in Subsection G.
F. 
Cleaning and sanitizing. Adequate facilities must be set up for cleaning and sanitizing food contact surfaces such as cooking utensils, equipment, cutting boards, etc. Three labeled containers of adequate size may be utilized for washing, rinsing and sanitizing. No liquid waste shall be disposed of on the ground.
G. 
Sewage disposal.
(1) 
All liquid waste shall be disposed of in an approved manner that will not create a health hazard or a public nuisance.
(2) 
Approved toilet facilities that are conveniently located 500 feet from the food preparation area shall be provided.
H. 
Food protection. All food on display must be effectively covered or be individually packaged to prevent contamination from patrons, dust, rain, flies, or other elements. There should be an effective distance between the food preparation area and the customer service area. Sugar, mustard, ketchup, and other condiments must be individually packaged or dispensed in a manner that prevents contamination. (i.e., pump dispensers, squeeze bottles, etc.). Solid materials, such as tomatoes or onions, should be individually packaged or dispensed from a container that has a hinged lid, or be dispensed by the individual serving the food. The public shall be restricted from the cooking and food preparation areas.
I. 
Food stand design. All stands and temporary kitchens shall have overhead protection so constructed to minimize the entrance of flies, dust and insects. All stands shall have cleanable floors which allow them to remain dry and clean. If not on concrete, asphalt or removable platforms temporary flooring may be required. All floor area must be graded to drain away from the food booth. Cardboard, dirt, or sawdust flooring is prohibited. Adequate lighting by natural or artificial means is to be provided. Bulbs shall be nonbreakable or shielded. All food preparation surfaces shall be smooth, easily cleanable, durable and free of seams and areas difficult to clean.
J. 
Personnel and hygienic practices: A log book showing name, address, phone number, date, and hours worked must be signed by all food handlers working the temporary food booth. A copy of the log book shall be submitted to the Newtown District Department of Health as soon as possible upon completion of each day's event. Only authorized personnel are allowed in the booth. No pets or animals are allowed in the booths. No person with a communicable disease or afflicted with boils, sores, infected wounds, or an acute respiratory infection shall work with food or within the food preparation area. The use of tobacco in any form is prohibited in the food booth.
K. 
Revoking of licenses; booth closure. The temporary food license may be revoked at any time for any reason by the Director of Health or authorized agent when, in the opinion of the Director of Health or authorized agent, such action is warranted. The booth will not be allowed to reopen without the written approval from the Director of Health or authorized agent.
A. 
The Director of Health may suspend any license to operate a food establishment if:
(1) 
The license holder, person in charge, or the operation of the establishment itself does not comply with the requirements of this article or the Public Health Code of the State of Connecticut.
(2) 
The operation of the establishment otherwise constitutes an immediate and substantial hazard to public health.
(3) 
The Director of Health or authorized agent is interfered with in the performance of duties.
(4) 
There is failure to correct a violation which is continually found and reported on the inspection report form.
B. 
Upon inspection, if any of the above conditions are found, the Director of Health shall immediately issue a written notice to the license holder citing such conditions, specifying the corrective action to be taken and specifying the time period within which such action shall be taken and, if deemed necessary, order immediate correction. If correction is not made in the stated time, the license shall be suspended. When a license is suspended, all operations related to the processing, preparation, storage, transportation, sale or service of food shall cease immediately.
C. 
Whenever a license is suspended, an opportunity for a hearing will be provided if a written request for a hearing is filed with the Director of Health by the license holder within 48 hours. If no written request for a hearing is filed within 48 hours, the suspension is sustained. The Director of Health may end the suspension at any time if the reasons for suspension no longer exist. If an appeal is filed, the Director of Health shall thereupon immediately examine the merits of such suspension and may vacate or affirm such suspension.
D. 
During the process of appeal, the license shall remain suspended. However, the Director of Health may grant a reprieve upon a showing of good cause.
The Director of Health may, after providing opportunity for an appeal, revoke a license for serious or repeated violations of any of the requirements of this article or the Public Health Code of the State of Connecticut or for interference with the Director of Health or authorized agent in the performance of his or her duties. Prior to revocation, the Director of Health shall notify the license holder(s) in writing, of the reasons for which the license is subject to revocation, and the license shall be revoked at the end of 10 days following service of such notice unless an appeal is filed with the Director of Health by the license holder within 48 hours. If no request for appeal is filed within 48 hours, the revocation of the license becomes final. If a written request for hearing is filed with the Director of Health by the license holder or the person in charge within 48 hours following service of such notice, the Director of Health shall thereupon immediately examine the merits of such revocation and may vacate or affirm such revocation.
A notice provided for in this article is properly served when it is delivered to the license holder or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the address of the license holder as reported on the license application. A copy of the notice shall be filed in the records of the Director of Health.
A. 
Suspension. Whenever a license has been suspended, the holder of the suspended license may make a written request for license reinstatement. Within 10 days following receipt of a written request, including a statement signed by the applicant that, in the applicant's opinion, the conditions causing the suspension have been corrected, the Director of Health or authorized agent shall make a reinspection. If the Director of Health or authorized agent determines that the applicant has complied with the requirements of this article and the Public Health Code, the license shall be reinstated.
B. 
Revocation. After a period of 60 days from the date of revocation, a written application may be made for the issuance of a new license, as provided for in § 621-12A of this article, payment of the annual fee, submittal of a water analysis (if served by a private well), and submittal of a menu.
The hearings provided for in this article shall be conducted by the Director of Health at a time and place designated by him. Any oral testimony given at a hearing shall be reported verbatim. The Director of Health shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the license holder by the Director of Health within 10 working days of the hearing date.
In the occurrence of a fire, flood, power outage or similar event that might result in the contamination of food, or that might prevent potentially hazardous food from being held at required temperatures, the license holder or person in charge of the food establishment shall contact the Director of Health within two hours of first notice. If said notice is received at a time when the Newtown District Department of Health does not normally conduct regular business, the person in charge shall notify the Town switchboard, which shall continue to make all reasonable efforts to contact the Director of Health.
Prior to the issuance of a license and at adequate intervals thereafter, the Director of Health or authorized agent shall visit every food establishment within the Newtown District Department of Health to make as many inspections as are necessary for the enforcement of this article and the Public Health Code of the State of Connecticut. Inspection intervals shall be conducted at a minimum as specified by the classification of the food service establishment. Class I food service establishments shall be inspected at intervals not to exceed 360 days. Class II food service establishments shall be inspected at intervals not to exceed 180 days. Class III food service establishments shall be inspected at intervals not to exceed 120 days. Class IV food service establishments shall be inspected at intervals not to exceed 90 days, except that an interval not to exceed 120 days may be allowed where one of the inspections is a hazard analysis inspection. The Director of Health or authorized agent shall have access to all parts of the establishment to determine compliance with the requirements of this article and the Public Health Code, and shall be permitted to examine all records of foods purchased or received. Such inspections shall be performed during business hours whenever possible, or at any reasonable time upon the request of the Director of Health.
A. 
Whenever an inspection of a food establishment is made, the findings shall be recorded on the inspection report form as provided for in Section 19-13-B42 of the Public Health Code of the State of Connecticut. The nature of each violation shall be written and referenced by item number.
B. 
The completed inspection report form shall specify a reasonable period of time for corrections of the violations found, and correction of the violations shall be accomplished as required by Section 19-13-B42(t) of the Public Health Code of the State of Connecticut.
A. 
Examination. Food may be examined or sampled by the Director of Health or authorized agent as often as necessary for enforcement of this article or the Public Health Code of the State of Connecticut. The Director of Health or authorized agent may, upon written notice to the license holder or person in charge specifying with particularity the reason(s) therefor, place a hold order on any food or beverage which is believed to be adulterated or otherwise unfit for human consumption. The Director of Health or authorized agent shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The Director of Health or authorized agent shall direct storage of the food under conditions specified in the hold order. The hold order shall state that a request for a hearing may be filed with the Director of Health within 48 hours, and that if no hearing is requested, the food shall be destroyed. Within 48 hours following receipt of a request for a hearing, the Director of Health shall hold a hearing. On the basis of evidence produced at that hearing, the hold order may be rescinded or the license holder or person in charge of the food may be directed, by written order, to denature or destroy such food or to bring it into compliance with the provisions of this article or the Public Health Code of State of Connecticut
B. 
Condemnation. Food shall be subject to immediate condemnation by the Director of Health or authorized agent when it is found to be unfit for human consumption by reason of appearance, odor of decomposition, adulteration or by having been contaminated by exposure to water, smoke, fire, heat, lack of refrigeration or animal and insect contact. Exposure to nonfood chemicals in solid, liquid, or gaseous forms shall also be grounds for condemnation. Said action of condemnation shall only be used when, in the opinion of the Director of Health or authorized agent, there is substantial risk that the suspected food would otherwise be used for human consumption, or if the license holder agrees in writing as to the grounds for condemnation.
Customer toilet facilities are not required in small restaurants (occupant load of less than 150) with only take-out service or only outside dining (without a canopy); however, employee toilet facilities shall be required. All food service establishments within which food or beverages are served for consumption within the building or tenant space regardless of occupant load must have toilet facilities for the public. If total occupancy (employee plus customer) is 15 or less the facilities need not be separate by sex. If total occupancy (employee plus customer) is greater than 15 the public toilet facilities must be separated by sex. Such toilet facilities must be directly accessible by the public and have self-closing doors. Such toilet facilities are not to be located in the food preparation area.
A. 
Each person owning, operating or managing any food service establishment designated either as Class III or Class IV shall be a qualified food operator or shall employ on-site at least one qualified food operator who is in a full-time supervisory position at said establishment. Each food service establishment shall be in compliance with this subsection by August 1, 1997.
B. 
Whenever the qualified food operator terminates employment, is terminated or is transferred, the person owning, operating or managing the food service establishment shall notify the Newtown District Department of Health. A replacement qualified food operator shall be employed within 60 days from the date of termination or transfer of the qualified food operator. The Director of Health may grant an extension not to exceed an additional 60 days if deemed necessary.
A. 
During January of each year, the Newtown District Department of Health Food Service Inspectors are to meet and review the performance of all food service establishments for the previous year. Based on this review, those establishments with ongoing problems and/or consistently marginal inspection ratings shall be placed in the Restaurant Improvement Program.
B. 
The owner of the establishments assigned to the Restaurant Improvement Program will receive from the Director of Health, in writing, notification of such assignment. The Director of Health will schedule a meeting with the owner and/or manager to work up a deficiency list of items needing improvement. The Director of Health and owner/manager then agree upon a schedule for correction of deficiencies and sign a contract agreed upon by both parties.
C. 
Throughout the year the Food Service Inspectors carry out inspections as required by this article and the Public Health Code of the State of Connecticut, or more often as deemed necessary. The Inspector shall record the performance in accordance with the signed contract.
D. 
After one year, Inspectors will review the performance and signed contract of each establishment on their deficiency list. Upon satisfying the contract requirements, the establishment is removed from the Restaurant Improvement Program. If the establishment shows continued marginal performance, the establishment will remain in the Restaurant Improvement Program. If the establishment continues to unsatisfactorily meet the requirements of the contract, the Director of Health may begin closure procedures.