As used in this chapter, the following terms
shall have the meanings indicated:
BARBER
Any person who is licensed to engage in any of the practices
encompassed in barbering.
BARBERING
Any one or combination of the following practices when done
on the human body for cosmetic purposes and not for the treatment
of disease or physical or mental ailments and when done for payment
either directly or indirectly or when done without payment for the
general public:
A.
Shaving or trimming of the beard, mustache or
other facial hair;
B.
Shampooing, cutting, arranging, relaxing or
styling of the hair;
C.
Singeing or dyeing of the hair;
D.
Applying cosmetic preparations, antiseptics,
tonics, lotions or creams to the hair, scalp, face or neck:
E.
Massaging, cleansing or stimulating the face,
neck or scalp with or without cosmetic preparations, either by hand,
mechanical or electrical appliances: or
F.
Cutting, fitting, coloring or styling of hairpieces
or wigs, to the extent that the services are performed while the wig
is being worn by a person.
BARBERSHOP
Any establishment engaged in the practice of barbering for
the public.
DESIGNEE
Any person designated by the Health Officer to act for him/her
in the performance of his/her duties.
DISINFECTANT
An Environmental Protection Agency (EPA) or New Jersey Department
of Environmental Protection registered product with demonstrated bactericidal,
virucidal and fungicidal activity used in accordance with manufacturer's
instruction.
HAIRDRESSING AND COSMETOLOGY
Any one or combination of the practices as outlined in N.J.S.A.
45:5B-3(j) when done on the human body for cosmetic purposes and not
for the treatment of disease or physical or mental ailments and when
done for payment either directly or indirectly or when done without
payment for the general public.
HEALTH OFFICER
The Health Officer of the Borough of Middlesex or his/her
duly authorized representative.
NAIL SALON/SHOP
Any establishment engaged in the practice of cutting, shaping,
polishing or enhancing the appearance of the nails of the hands or
feet, including, but not limited to the application and removal of
sculptured or artificial nails.
NAIL TECHNICIAN
A person who, for compensation, cuts, shapes, polishes or
enhances the appearance of the nails of the hands or feet, including
but not limited to the application and removal of sculptured or artificial
nails.
OPERATOR
A person who owns, leases, or manages a shop/salon, or any
licensed person performing barbering, hairdressing, cosmetology, manicuring
or waxing.
OWNER
A person who owns a shop/salon establishment and is responsible
for upholding the regulations of this chapter in all areas of the
establishment.
PERSON
An individual, firm, partnership, company, corporation, trustee,
association or any public or private entity.
PERSON IN CHARGE
The individual present in a barbershop or hairdressing and/or
cosmetology salon/shop or nail salon/shop that is the apparent supervisor
of the barbershop or hairdressing and/or cosmetology shop/salon or
nail salon/shop at the time of inspection. If no individual claims
to be a supervisor, then any employee present is deemed to be the
person in charge for the purposes of this chapter.
SANITARY CONDITIONS
Safe and clean shop/salon conditions that prevent the spread
of communicable diseases and protect the public's health and welfare.
WAXING
The temporary removal of superfluous hair from the hair follicle
on any area of the human body through the use of a physical (wax)
depilatory or by tweezing.
WORKING AREA
A separate room with more than one work station, or a private
room set aside to serve one customer at a time.
WORK STATION
A chair, countertop and floor space set aside for the purpose
of serving a customer, including floor space for the operator to stand
while serving the customer.
No variation from any of the provisions of this
chapter shall be permitted except as elsewhere provided herein.
Any person aggrieved by any administrative decision
of the Health Officer pursuant to this chapter, including the denial
of a license, the refusal to renew a license, or the suspension of
a license, shall have an absolute right to appeal such decision to
the Board at its next regularly scheduled meeting. For such appeal,
the Health Officer shall present evidence supporting the decision
made by the Health Officer, and the aggrieved party shall present
evidence opposing the decision of the Health Officer. After hearing
all the evidence presented to it, the Board, by a majority vote, shall
then affirm, reverse or modify the decision of the Health Officer.
On all appeals, the decision of the Board shall be final.