[Ord. 2015-4, 4/6/2015]
The Forty Fort Borough Health Officer is hereby appointed.
[Ord. 2015-4, 4/6/2015]
In accordance with Section 3103(b)(3) of the Borough Code,[1] the said Health Officer shall serve "until a successor is elected and qualified."
[1]
Editor's Note: See 8 Pa.C.S.A. § 3103.
[Ord. 2015-4, 4/6/2015]
No bond shall be required to be posted by the Health Officer for the faithful performance of the Health Officer's duties.
[Ord. 2015-4, 4/6/2015]
The Health Officer shall have the powers, duties and authority as set forth in the Borough Code of the Commonwealth of Pennsylvania and/or any and all other applicable laws, regulations and ordinances, including, but not limited to, those set forth in Chapter 10, Health and Safety, of the Borough Code.
[Ord. 2015-4, 4/6/2015]
1. 
For each inspection and/or reinspection required by law, rule or regulation and/or this Subpart, and for each inspection performed by the Health Officer in the furtherance of an enforcement action authorized and/or deemed necessary by the Health Officer, a charge of $50 shall be paid to the Health Officer by the owner of the property inspected or by the operator of any commercial, retail, wholesale or other business, the premises of which have been inspected or reinspected.
2. 
The aforesaid charge of $50 shall be payable at the conclusion of the Health Officer's inspection and/or reinspection, whether the Health Officer's inspection or reinspection results in satisfactory findings or there are deficiencies or violations found during such inspection or reinspection.
3. 
Failure of the owner or operator (as set forth above) to pay such charge of $50 shall be cause for the Health Officer's refusal to issue any license, permit or other approval for which the inspection or reinspection was performed. Should such failure to make payment continue for a period of 30 days from the date of the inspection or reinspection, such failure shall also be cause for the suspension or revocation of any license, permit or other approval that may have been issued by the Health Officer, in addition to any other penalties provided for by law, rule or regulation, and shall be recoverable in such manner as may be provided for by law.
4. 
Forty Fort Borough Council, by resolution, may from time to time change, revise or amend the amount of any fees provided for in this section or elsewhere in this Subpart as it may deem necessary and/or advisable.
[Ord. 2015-4, 4/6/2015]
1. 
Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
EMPLOYEE
Any person who handles food or drink during preparation or serving, who comes in contact with any eating or cooking utensils or who is employed in a room where food or drink is prepared or served.
HEALTH OFFICER
The Health Officer of the Borough of Forty Fort or his/her duly authorized representative.
PERSON
An individual, firm, corporation, partnership or association.
RESTAURANT
A coffee shop, cafeteria, short-order cafe, diner, luncheonette, tavern, sandwich stand, soda fountain and all other eating or drinking establishments where food is sold, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
UTENSILS
Includes any kitchenware, tableware, glassware, cutlery, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving.
2. 
License Required; Suspension or Revocation.
A. 
No person shall operate a restaurant in the Borough of Forty Fort who does not possess an unrevoked license issued by the Health Officer, or his/her duly authorized representative. Such license shall be posted in a conspicuous place where the food is prepared and sold. Only persons who comply with the requirements of this section shall be entitled to receive such a license.
B. 
Such a license may be suspended or revoked by the Health Officer upon the violation by the license holder of any of the terms of this section.
3. 
Examination of Food. Samples of food, drink or other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of or cause to be removed or destroyed any food or drink which is unwholesome or adulterated.
4. 
Inspections. At least every 12 months, the Health Officer shall inspect every restaurant licensed by the Borough, or required to be so licensed. In case the Health Officer discovers the violation of any item of sanitation, the Health Officer shall make a second inspection after a lapse of time as he/she determines necessary for the violation to be remedied, and the second inspection shall be used in determining compliance with the requirements of this section. Any violation of the same item of this section on such second inspection shall be cause for the immediate suspension of the license or, should the Health Officer deem the violation to pose substantial and immediate danger(s) to public health and safety, immediate revocation of the license.
5. 
Sanitary Requirements. All restaurants shall comply with the following items of sanitation:
A. 
Floors. The floors of all rooms in which food or drink is stored or prepared or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair. The floors of all rooms in which food or drink is served shall be kept clean and in good repair.
B. 
Walls and Ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in a material of light color which will not conceal the presence of dirt. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
C. 
Doors and Windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
D. 
Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well-lighted.
E. 
Ventilation. All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well-ventilated.
F. 
Employees' Toilet and Lavatory Facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees. In restaurants hereafter constructed, toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and well-lighted and well-ventilated. Adequate hand-washing facilities in or adjacent to the toilet rooms shall also be provided, including hot and cold running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his/her hands.
G. 
Water. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality.
H. 
Cleaning and Bacterial Treatment of Utensils and Equipment.
(1) 
All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and in good repair. All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once.
(2) 
All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in preparation of or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation, excepting utensils which will be subjected to intense heat during further usage. Drying cloths may be used only in the drying of cooking utensils. Such cloths, if used, shall be clean and used for no other purpose.
(3) 
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
I. 
Storage and Handling of Utensils and Equipment. Utensils shall be stored in a clean, dry place protected from flies, dust and other contamination and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored in a clean, dry place until used and shall be handled in a sanitary manner.
J. 
Disposal of Wastes. All wastes shall be properly disposed of, and all garbage and trash shall be kept in a suitable receptacle in such manner as not to become a nuisance. All garbage receptacles shall be covered at all times.
K. 
Refrigeration. All readily perishable food and drink shall be clean, wholesome, free from spoilage and so prepared so to be safe for human consumption.
L. 
Storage, Display and Serving of Food and Drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowl shall be kept or allowed in any room in which food or drink is prepared, stored or consumed. All means necessary for the elimination of flies, roaches and rodents shall be used.
M. 
Cleanliness of Employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees who handle food shall wear hairnets or some other acceptable hair restraint. Employees shall not expectorate or use tobacco in any form in the area in which food is prepared.
N. 
Miscellaneous Rules. The premises of all restaurants shall be kept clean and free of litter and rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
6. 
Disease Control. No person who is infected with any disease in a communicable form or who is a carrier of any disease shall work in any restaurant, and no restaurant shall knowingly employ such person suspected of being infected with any disease in a communicable form or of being a carrier of such disease.
7. 
Enforcement.
A. 
The Health Officer may make all necessary regulations for clarifying and enforcing this Subpart which are not inconsistent with the provisions contained herein.
B. 
The Health Officer shall be guided by the provisions contained in the United States Public Health Service Code regulating eating and drinking establishments.
8. 
License Fees; Temporary Food Sales Permit.
A. 
The proprietors of all public eating and drinking places in the Borough shall pay to the Borough annually a license fee for the purpose of defraying the cost of inspections.
B. 
The annual license period shall be from January 1 to December 31 of each calendar year. License fees shall be determined by the following schedule, subject to the power of Borough Council, by resolution, to revise, change or amend such fees as Borough Council may deem necessary and/or advisable:
(1) 
Commencing immediately upon the effective date of this Subpart, an annual or renewal license inspection and/or reinspection fee of $50 shall be required by the Borough before issuing any health license.
(2) 
Any person or establishment desiring to sell any type of food or drink in the Borough at an establishment which is not permanent shall be required to obtain a temporary food sales permit in the amount of $25. This permit shall be valid for a period of time not to exceed seven days.
9. 
Bacterial Testing and Fees.
A. 
Swab tests to determine bacterial sanitation of all public eating and drinking establishments may be done at the direction of the Health Officer.
B. 
Any second swab of any item because the bacterial count was in excess of 100 per milliliter shall be done at the expense of the license holder, which shall reimburse the Borough of Forty Fort for its actual costs incurred.
C. 
Any further testing to determine compliance with the requirements of this Subpart shall be done at the Health Officer's direction. The license holder shall pay the actual costs of the Borough in order to reimburse the Borough for such costs incurred for third and subsequent tests.
D. 
Analysis of highly perishable foods shall be done at the direction of the Health Officer. The license holder shall pay the actual costs incurred by the Borough of Forty Fort for each first analysis of any food sample.
E. 
Any subsequent testing that may be done, in the discretion of the Health Officer, because of high bacterial counts shall be reimbursed to the Borough, at is actual costs, by the license holder.
F. 
Violation of any provision of this Subsection 9 shall subject the license holder to suspension of the license until such costs are fully paid and, if not fully paid within 20 days of the license holder being provided with a statement of the costs due, shall subject the license holder to revocation of the license.
10. 
Violations and Penalties.
A. 
Any person violating Subsection 5 aforesaid shall, upon conviction, be fined not less than $25 nor more than $300 and, in default of payment thereof, may be imprisoned for not more than 30 days.
B. 
Any person violating any other provisions of this Subpart or regulations clarifying this Subpart shall, upon conviction, be fined not more than $300 and, in default of payment thereof, may be imprisoned for not more than 30 days.