[HISTORY: Adopted by the Board of Health
of the Town of Williamstown 5-5-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This regulation also superseded
former Ch. 143, Food Establishments, adopted 12-20-1993, as amended
through 1-29-1998 and renumbered 5-18-1998
The purpose of this regulation is to adopt local
requirements for the safe and effective operation of all food establishments
permitted to operate in the Town of Williamstown.
A.
All applicants for new or upgraded food establishments
must complete a food establishment plan review application.
B.
The new restaurant plan review guidelines will be
used when designing new or upgraded food establishments.
C.
All menu changes requiring additional use of equipment,
or an increase in the size and complexity of the operation, will be
considered an upgrade of the establishment.
In addition to the requirements of 105 CMR 590.000,
any temporary food establishment serving potentially hazardous foods
on more than one occasion in any calendar year, must have a designated
person in charge.
A.
Ventilation hoods must be designed, permitted and
installed in accordance with the Building Officials and Code Administrators
International (BOCA) Mechanical Code.
B.
Ventilation hoods must be completely cleaned by a
professional service as often as necessary, but not less than once
every six months.
C.
Ventilation hood grease filters will be cleaned as
often a necessary to prevent grease and dust build-up, but not less
than once per week.
A.
Grease traps for establishments served by an on-site
sewage disposal system shall be designed, permitted and installed
in accordance with 310 CMR 15.000, the State Environmental Code, Title
5.
B.
Grease traps for on-site sewage disposal systems shall
be inspected monthly and must be cleaned by a licensed septage hauler
whenever the level of grease is 25% of the effective depth of the
trap, but not less than once every three months, whichever is sooner.
C.
Grease traps for establishments served by a community
sewer system shall be designed, permitted and installed according
to 248 CMR 10.00, Uniform State Plumbing Code.
D.
Grease traps for establishments served by community
sewer shall be inspected weekly, and cleaned and emptied whenever
the level of grease is 25% of the effective depth of the trap, but
not less than once per month.
E.
Chemical grease dissolvers will not be permitted for
use in grease traps.
F.
Should the community sewer system become affected
by grease as a result of inadequate maintenance of a grease trap,
the Board of Health, at its discretion, will require the responsible
food establishment to install an alternate method for grease interception.
(1)
Automatic grease recovery unit (AGRU). The AGRU shall
meet the following requirements:
(a)
The AGRU shall be sized to properly pretreat
the measured or calculated flows for all connected fixtures or drains.
(b)
The AGRU shall be constructed of corrosion-resistant
material, such as stainless steel or plastic.
(c)
Solids shall be intercepted and separated from
the effluent flow using an internal or external strainer mechanism.
This mechanism shall be an integral part of the unit.
(d)
The unit shall operate using a skimming device,
automatic draw-off, or other mechanical means to automatically remove
separated fats and oils. This automatic skimming device shall be either
hard wired or cord and plug connected electrically and controlled
using a timer or level control. The operation of the automatic skimming
device shall be field adjustable. The AGRU shall operate not less
than once per day.
(e)
The AGRU shall be fitted with an internal or
external flow control device to prevent the exceeding of the manufacturer's
recommended design flow.
(f)
The AGRU shall be located so as to permit easy
access for maintenance.
(g)
All AGRUs shall be designed and installed in
accordance with the manufacturer's specifications.
G.
It is the system owner's responsibility to ensure
that grease traps are pumped regularly and maintained.
H.
The owner of the establishment will keep records of
the cleaning of all grease traps and will provide them, upon request,
to the Board of Health or its designated representative.
A.
An establishment subject to these regulations may
make written application to the Board of Health for a variance from
these regulations.
B.
Every variance is subject to a public hearing. Notice
of a hearing upon an original application for a variance shall be
posted as part of the public notice of the meeting at which the Board
of Health will consider the application. The notice shall be posted
not less than one week before the meeting.
C.
Vote; conditions.
(1)
By vote of a majority of its full authorized membership,
the Board of Health may vary the application of any provision of these
regulations with respect to any particular case in which, in the Board
of Health's opinion, both of the following requirements are fulfilled:
(a)
The enforcement of the regulations would do
manifest injustice; and
(b)
The applicant has proved that the same degree
of protection of the public health, safety and welfare can be achieved
without strict application of the particular provision. Any alternative
means of protection shall be detailed and documented by the applicant
to the satisfaction of the Board of Health.
(2)
A variance may be granted subject to appropriate conditions.
D.
Any variance granted by the Board of Health shall
be in writing.
E.
An establishment to whom a variance has been granted
under this section shall keep a copy available for public inspection.
B.
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of this regulation is subject to a fine as stated in Chapter 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
[Amended 10-7-2019]
C.
The Board of Health may suspend, revoke or deny any
license or permit for violations of this chapter.
[Added 2-7-2011[1]]
A.
Any person
or persons aggrieved by any order issued under this chapter may appeal
by filing a written petition for hearing to the Board of Health, which
must be received within 10 days after the day the order was served.
B.
The hearing
shall be commenced not later than 14 days after the receipt of a petition.
C.
At the
hearing the petitioner and other affected parties shall be given an
opportunity to be heard, to present witnesses or documentary evidence,
and to show why an order should be modified or withdrawn. Failure
to hold a hearing within the time period specified herein shall not
affect the validity of any order.
D.
The Board
of Health shall sustain, modify, or withdraw the order and shall inform
the petitioner.
E.
Any person
aggrieved by the decision of the Board of Health may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this commonwealth.
If any portion, sentence, clause or phrase of
this regulation shall be held invalid for any reason, the remainder
of this regulation shall continue in full force and effect.
The effective date of this regulation is June
1, 2008.
