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Tewksbury Board of Health
REGULATIONS FOR TOILET FACILITIES IN
FOOD SERVICE ESTABLISHMENTS
(Adopted
May 4, 2000
)
1.0.
Purpose
1.1.
The Tewksbury Board of Health is responsible for the
protection of the public and environmental health and welfare within
the Town of
Tewksbury
. The Board finds the need to regulate the availability of toilet
facilities in food service establishments, because toilet facilities
are not always made available to patrons.
2.0.
Authority
2.1.
These regulations are adopted under the authority of M.G.L.c.
111, §
31.
3.0.
Applicability
3.1.
These regulations shall apply to all establishments licensed
to serve and/or sell food.
3.2.
Those establishments constructed or remodeled after the date
of adoption of these regulations shall comply fully with these
regulations.
3.3.
Establishments in operation at the time of adoption of these
regulations shall make every effort to comply with these
regulations. If compliance can not be met, then a variance shall be
requested in accordance with the requirements of these regulations.
3.4.
Where these regulations conflict with other regulations, the
more stringent standard shall apply.
3.5.
These regulations shall take effect upon adoption by the
Board and publishing of a legal notice in a local newspaper.
4.0.
Citation
4.1.
These regulations may be cited as “Toilet Regulations.”
5.0.
Definitions
Board
shall mean the Tewksbury Board of Health.
Food
Service Establishment shall mean any
establishment licensed by the Board of Health to sell food,
prepackaged or otherwise, in accordance with 105 CMR 590.000.
Person
shall mean any natural person,
business, partnership, corporation, association, club, other
organization, or business entity.
Toilet
Facilities shall mean facilities meant
for use as restrooms, and shall include, but not be limited to,
toilets and lavatories.
6.0.
General
6.1. Toilet facilities shall
comply with the Americans with Disabilities Act.
6.2. Separate toilet
facilities for men and women shall be provided.
6.3. Toilet
facilities shall be cleaned and sanitized daily, shall be kept in a
clean condition, and shall be kept in working order.
6.4. Toilet
facilities shall be located within the food service establishment in
an area that is easily accessible, without having to leave the
building or having to walk through food preparation areas.
6.5.
The number of toilets and lavatories shall be the number required by
the state plumbing code.
7.0
Variance
7.1.
The Board may grant a variance from these regulations upon written
application for such, and after the completion of a noticed public
hearing. Notice of said variance request shall be published at the
applicant’s expense in a local newspaper at least seven (7) days
prior to the hearing date.
7.2.
For a variance to be granted, the applicant must show:
A.
Strict enforcement of the regulations would be
manifestly unjust, and
B.
The same degree of protection required under the
regulations can be achieved without strict application of the
particular regulation.
7.3.
The Board may place conditions on any variance approval granted.
7.4.
For establishments operating at the time of adoption
of these regulations, the Board,
at its discretion, may consider variances without a public
hearing and without public notice.
8.0.
Penalties
8.1. Any person
found to be in violation of these regulations may be fined up to One
Thousand Dollars ($1,000.00).
8.2.
Any license or permit issued by the Board may be
revoked, suspended, or modified for failure to comply with
applicable local and state regulations.
8.3.
These regulations may be enforced through the use of Non-Criminal
Citations as provided by M.G.L.c. 40, §
21D.
9.0. Severability
9.1. If any
provision of these regulations is declared invalid or not
enforceable, the other provisions shall not be affected thereby, but
shall continue in full force and effect.
Public Hearing:
February 3, 2000
Adopted:
May 4, 2000
____________________________________
Susan Sullivan, Chairman
____________________________________
Stephanie Wilkie, Vice
Chairman
____________________________________
Edward Sheehan, Clerk
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