Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Administration of government in general — See Ch. 6.
Defense and indemnification of officials — See Ch. 31.

§ 282-1 Title.

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."

§ 282-2 Secretary of Board of Health.

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.

§ 282-3 Health Officer.

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.

§ 282-4 Plumbing Inspector.

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.

§ 282-5 Sanitary Inspector.

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]
[1]
Editor's Note: Original Section BH:2-6, entitled "Milk Inspector," which immediately followed this section, was deleted at time of adoption of Code; see Ch. 276, General Provisions, Board of Health, Art. III.

§ 282-6 Additional personnel.

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.

§ 282-7 Emergency powers of Health Officer.

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.

§ 282-8 Right of entry.

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.

§ 282-9 Permits and licenses.

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.

§ 282-10 Special health reporting officers.

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.