Township of Springfield, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by Board of Commissioners of the Township of Springfield 7-8-1980 by Ord. No. 1033.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health rules and regulations — See Ch. 17.
Communicable diseases — See Ch. 29.
Food handling — See Ch. 51.
[1]
Editor's Note: This ordinance also repealed former Ch. 52, Food Vending, adopted 4-12-1966 by Ord. No. 792, as amended.

§ 52-1 Purpose.

The purpose of this ordinance is to ensure that every food establishment shall be conducted, operated and maintained in accordance with the requirements prescribed in the following sections and with such additional requirements as the Board may by regulation prescribe to protect the health of the ultimate consumers of food handled in such establishments.

§ 52-2 Definitions.

As used in this ordinance, the following terms shall have the meanings indicated:
FOOD ESTABLISHMENT
Any place, permanent or temporary, within the Township of Springfield where food or drink is prepared, handled, served or provided for the public, with or without charge. Food establishments shall include but not be limited to eating and drinking establishments, mobile food establishments and retail food establishments.
LICENSE
A grant to the licensee to conduct a food establishment.
LICENSOR or BOARD or DEPARTMENT
The Springfield Township Board of Health.
MOBILE FOOD ESTABLISHMENT
Any vehicular food service establishment.
TEMPORARY FOOD ESTABLISHMENT
Any food establishment which operates at any location for a temporary period of time not to exceed more than 14 consecutive calendar days, regardless of whether the establishment operates continuously during this time, in connection with a fair, carnival, church, club, public exhibition or similar gathering.

§ 52-3 Licenses required; application; issuance; denial.

A. 
It shall be unlawful for any proprietor to conduct or operate a food establishment within Springfield Township without first obtaining a license, as herein provided. Such license shall be issued by the Board.
B. 
Application for license shall be made on forms provided by the licensor and shall be accompanied by the appropriate license and inspection fees.
C. 
No license shall be issued until inspection of the premises, facilities and equipment has been made by the licensor and found to be adequate for the protection of the public health and comfort of the patrons and to be in compliance with the rules and regulations of this ordinance and all other applicable chapters of this Code.
D. 
Whenever a license is denied, the licensor shall state in writing to the applicant the reasons for such refusal.

§ 52-4 Fees.

[Amended 3-8-1988 by Ord. No. 1181]
A. 
The annual license fee shall be as set forth in Chapter 40, Fee Schedule.
[Amended 9-8-2015 by Ord. No. 1560]
B. 
Inspection fees.
(1) 
An annual inspection fee shall be charged to defray the cost of inspections, consultations and servicing of the food establishments. All such inspections shall be for the purpose of ascertaining compliance with the requirements of Title 7, Chapter 78, of the Commonwealth of Pennsylvania, Department of Agriculture, Act of May 23, 1945, P.L. 926,[1] are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, and as may from time to time be amended.
[Amended 5-12-1998 by Ord. No. 1339]
[1]
Editor's Note: See 35 P.S. § 655.1 et seq.
(2) 
The inspection fees shall be based upon the floor area of the food establishments as indicated Chapter 40, Fee Schedule.
[Amended 1-7-2002 by Ord. No. 1391; 9-8-2015 by Ord. No. 1560]
(3) 
The annual health license fee covers the cost of routine inspections each year, as well as one follow-up visit if necessary. In the event any food establishment requires more frequent inspections due to noncompliance with local, state and/or federal health codes, an additional inspection charge as indicated in Chapter 40, Fee Schedule, per inspection will be levied.
[Added 1-7-2002 by Ord. No. 1391; amended 9-8-2015 by Ord. No. 1560]
C. 
Plan review fees.
[Added 11-12-2002 by Ord. No. 1399; amended 9-8-2015 by Ord. No. 1560]
(1) 
Prior to construction of any new food establishment or starting alterations to an existing food establishment, the owner must first submit a plan review application to the Health Officer, along with a review fee Chapter 40, Fee Schedule. The plan review application and fee are intended to ensure compliance with all local and state health codes, prior to construction.
(2) 
In the event a plan review application is rejected by the Health Officer for noncompliance with any state or local health code, the owner is responsible for making the necessary revisions and resubmitting the plan review application, along with a resubmittal fee as indicated in Chapter 40, Fee Schedule.

§ 52-5 License period and renewal; display.

A. 
Licenses shall be granted for a period of one year from date of issue. Application for renewal shall be made one month before expiration of the existing license. A license granted under the provisions of this ordinance shall be renewed if, on inspection by the licensor, the conditions specified in § 52-3C of this ordinance are fulfilled.
B. 
Licenses, herein provided for, shall specify the date of issuance, the period which is covered, the name of the licensee and the place licensed. Such licenses shall be conspicuously displayed at all times in the place thereby licensed. Licenses shall not be transferable.

§ 52-6 Rules and regulations.

The Board of Health shall adopt rules and regulations for the operation of food establishments. Such regulations shall be adopted by resolution by the Board of Commissioners. They shall be reviewed periodically and updated when necessary.

§ 52-7 Submission of plans required prior to construction.

A. 
Before work is begun in the construction, remodeling or alteration of a food establishment where food is prepared, stored or served, or in the conversion of an existing establishment to a food establishment, properly prepared plans and specifications shall be submitted to and approved by the licensor.
B. 
The plans and specifications shall include, where applicable, data relating to the following:
(1) 
Surrounding grounds.
(2) 
Buildings.
(3) 
Equipment.
(4) 
Sewage disposal.
(5) 
Water supply, including plumbing.
(6) 
Refuse disposal.
(7) 
Any other such information required by the licensor.

§ 52-8 Inspections.

A. 
The licensor shall conduct periodic inspections of all food establishments licensed under this ordinance and keep accurate records of such inspections. The Board or its authorized representative shall have the right to enter any food establishment in order to conduct inspections and obtain samples to determine compliance with the requirements of this ordinance and other provisions of this Code. Any license issued under this ordinance shall be immediately suspended in the event an authorized representative of the licensor, after presenting proper identification, is denied entry to any area of any food establishment when the establishment is open to the public or during other reasonable hours. Such suspension shall continue until entry is allowed to the authorized representative of the licensor, an inspection is completed and conditions are found to be satisfactory. In the event that entry is denied for seven or more consecutive days, the license may be revoked.
B. 
Whenever inspection produces samples which indicate adulterated food, (as defined in Chapter 151, Food Establishments, issued under Act 369 of May 23, 1945, P.L. 926[1]), the cost of laboratory testing shall be borne by the food establishment, and the Health Officer shall issue a statement therefor.
[Added 3-8-1988 by Ord. No. 1181]
[1]
Editor's Note: See 35 P.S. § 655.1 et seq.

§ 52-9 Revocation of license; appeals.

A. 
Any licensee who, after investigation made by the licensor and after having the opportunity to be heard by the Board, has failed or refused, after a reasonable interval, to correct conditions found to constitute a violation of this ordinance or the rules and regulations adopted hereunder, shall have his/her license revoked or suspended.
B. 
Any applicant who has been refused a license or any licensee whose license has been revoked or suspended and who feels aggrieved by the action of the licensor shall be privileged to appeal that decision to and be heard by the Board of Commissioners. The licensor shall be given notice of any such hearing and shall prevent all applicable records to the Board of Commissioners.
C. 
Any applicant or licensee who is aggrieved by an action of the Board of Commissioners shall be privileged, on payment of the reasonable expense of preparing the same, to have such records certified to the Court of Common Pleas of the County of Delaware, whereupon the Court shall review such records and proceedings and properly enter such order or decree as the facts shall justify.

§ 52-10 Employees with communicable diseases.

A. 
No employee with any disease in a communicable form or who is a carrier of such diseases shall work in any food establishment in any capacity which brings him/her into contact with the production, handling, storage or transportation of food or equipment used in food establishments.
B. 
No proprietor shall employ in any capacity any such person suspected of having any disease in a communicable form or being a carrier of such disease.
C. 
Any employee who has a discharging or infected wound, sore or lesion on the hands, arms or any exposed portion of the body shall be excluded from those operations which will bring him/her into contact with food, beverages, utensils or equipment used in food establishments.
D. 
When reasonable grounds exist to indicate that there is a possibility of transmission of infection from any employee, the proprietor, the Board of Health and/or Health Officer shall be authorized to require any or all of the following measures:
(1) 
The immediate exclusion of the employee from the food establishment.
(2) 
Restriction of the services of the employee to some work area where there is no danger of transmission of disease.
(3) 
Adequate medical examinations of the employee and his/her associates, with such laboratory examination as may be necessary.
E. 
When there are reasonable grounds to indicate that there is a danger of food-borne disease outbreak, the Health Officer, with the concurrence of a physician, may require the immediate closing of the establishment until no further danger of an outbreak exists.
F. 
The Board of Health may establish, at its own discretion, medical and/or screening programs and may require any or all employees of food establishments to be tested.

§ 52-11 (Reserved) [1]

[1]
Editor's Note: Former § 52-11, Violations and penalties, was repealed 4-21-1987 by Ord. No. 1156. See now Ch. 1, General Provisions, Art. II, General Penalty, for current penalty provisions.

§ 52-12 Adoption of statutory provisions.

[Added 2-14-1989 by Ord. No. 1198; amended 4-12-2005 by Ord. No. 1431]
Chapter 52 of the Code of the Township of Springfield, entitled "Food Establishments," shall adopt by reference the Commonwealth of Pennsylvania, Department of Agriculture, Rules and Regulations under Title 7, Chapter 46, adopted December 12, 2003, as if fully set out in this ordinance and as may from time to time be amended.

§ 52-13 Enforcement.

[Added 2-14-1989 by Ord. No. 1198]
It shall be the duty and responsibility of the Health Officer of the Township or a designee to enforce the provisions of this ordinance.

§ 52-14 Violations and penalties.

[Added 2-14-1989 by Ord. No. 1198]
Any person, persons, firm or corporation who shall violate a provision of Chapter 52, Food Establishments, or who shall fail to comply with any of the requirements thereof or a directive of the Township of Springfield's Health Officer or his deputy relating thereto shall, upon judgment against any person, persons, firm or corporation, be subject to the provisions of Chapter 1, Article II, entitled "Penalties," § 1-10, entitled "Violations and penalties," Subsection A, thereof.