Town of Stratford, CT Chapter 55 Barbershops, Hairdressing and Cosmetology Shops

[HISTORY: Adopted by the Town Council 2-11-2019 by Ord. No. 18-17;[1] amended in its entirety 4-10-2023 by Ord. No. 23-02. Subsequent amendments noted where applicable.]

[1] Editor’s Note: This ordinance also repealed former Ch. 55, Barbershops, Hairdressing and Cosmetology Shops, adopted 6-13-2005 by Ord. No. 05-16, as amended.

§ 55-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPEAL

A request in writing by an establishment owner to the Director of Health to consider reversing a decision.

BARBERING

The cutting, trimming, shaving, singeing, dyeing, coloring and styling of hair on the head, face, and neck of a person performed by a barber licensed by the State of Connecticut.

BARBERSHOP

An establishment engaged in the practice of barbering for the public.

COSMETOLOGY

A. Performing a manicure and/or pedicure that involve the trimming, filing, and painting of the healthy nails of the hands and feet. Excluding cutting of the nail beds, corns, calluses, or other medical treatment of the hands, feet, or ankles.

B. Application of cosmetics, lotions, oils, waxes to the skin of the head, face, neck, and arms, and legs for cosmetic purposes only.

C. Threading, involving the epilation of the eyebrow area using cotton thread.

COSMETOLOGY SHOP

An establishment engaged in the practice of cosmetology for the public.

CRITICAL VIOLATION

A violation or set of violations that may be injurious to the public.

DIRECTOR OF HEALTH

The Director of Health of the Town of Stratford or his/her authorized agent.

ESTABLISHMENT

Refers to barbershop, hairdressing shop, and/or cosmetology shop.

HAIRDRESSING

The cutting, trimming, shaving, dressing, arranging, curling, waving, weaving, cutting, singeing, relaxing, straightening, bleaching, and coloring of hair by a hairdresser licensed by the State of Connecticut.

HAIRDRESSING SHOP

An establishment engaged in the practice of hairdressing for the public.

HEARING

A meeting between the establishment owner and the Health Department to discuss issues concerning the establishment.

HOME ESTABLISHMENT

A hairdressing establishment, barbershop, and or cosmetology establishment contained within a private residence.

IMMINENT HEALTH HAZARD

A violation or set of violations that are injurious to public health that requires the immediate closure of the establishment.

LASER HAIR REMOVAL

A "cosmetic medical procedure" that involves the removal of unwanted hair by means of exposure to pulses of laser light that destroy the hair follicle. Procedures are strictly provided in a "medical spa" by a health professional as defined in Connecticut Public Act 14-119.[1]

LICENSE

A permit issued by the Health Department for the establishment to operate in the Town of Stratford.

MASSAGE ESTABLISHMENT

An establishment engaged in the practice of massage for the public.

NAIL SALON

A shop or business performing manicures and/or pedicures that involve the trimming, filing and painting of the healthy nails of the hands and feet, excluding cutting of the nail beds, corns, calluses, or other medical treatment of the hands, feet or ankles and/or a shop engaged in the application of cosmetics, lotions, oil, waxes to the skin of the head, face, neck, arms or legs for cosmetic purposes only.

PERSON IN CHARGE

The owner of a barbershop, hairdressing shop, cosmetology shop must designate a person in charge whenever he/she is not present in the establishment during hours of operation.

REVOCATION

Indefinite loss of license to operate.

SINGLE USE ITEMS

Any item that because of its construction or use cannot be easily cleaned and/or sanitized. Single-use items are to be used only once and then disposed of.

SUSPENSION

Temporary loss of license to operate.

TECHNICIAN

A person providing services at a hairdressing shop, barbershop, and or cosmetology shop.

WORK STATION

The work area in a hairdressing shop, barbershop, and/or cosmetology shop.

[1] Editor's Note: See C.G.S. § 19a-903c.

§ 55-2 Plan review; pre-operational inspection; changes to the establishment.

A. New establishment owners or current owners wishing to modify the existing establishment, or an existing establishment moving to another location must submit a plan review application to the Health Department. The plan review application must be approved by the Health Department prior to the purchase of equipment, construction, remodeling, or relocation of the establishment.

B. A pre-operational inspection shall be conducted by the Health Department to confirm that the establishment is in compliance with the approved plan review and all local and state public health laws.

C. After the pre-operational inspection, any changes to the services offered, the structure or equipment in an establishment must be submitted in writing and have Health Department approval in writing prior to any changes being made. Any changes not approved in writing by the Health Department may result in penalty fees, and/or the immediate suspension of the establishment license to operate.

§ 55-3 License required; fees; expiration; non-transferability.

A. No person shall operate a barbershop, hairdressing shop, or cosmetology shop without having a valid license issued by the Director of Health. Only a person who complies with the requirements of this chapter shall be entitled to receive or retain such license. Laser hair removal must comply with Public Act No 14-119[1] and all applicable state and local codes. Licenses are nontransferable from the original owner to another owner and/or location to a new location.

[1] Editor's Note: See C.G.S. § 19a-903c.

B. No license shall be issued or renewed until a completed yearly application has been submitted, the license fee is paid, and all outstanding fees issued by the Health Department and other Town agencies, including back taxes, have been paid. Licenses have an annual expiration date.

C. The Health Department shall charge plan review fees, license fees, late fees, re-inspection fees, and penalty fees associated with certain violations within this chapter as appropriate and necessary. The Director of Health shall set all fees associated with this chapter and annually present such fees to the Town Council for approval.

§ 55-4 Annual inspections; additional inspections.

A. The Director of Health, or his/her agent, after proper identification, shall be permitted to enter, during normal operating hours, any portion of the barbershop, hairdressing shop, and cosmetology shop for the purpose of inspecting to determine compliance with this chapter and all state and local codes.

B. Barbershops, hairdressing shops, and cosmetology shops will be inspected minimally one time per year. Establishments offering pedicure services will be inspected minimally two times per year. The Director of Health or his/her designee shall make as many additional inspections as are necessary for the enforcement of this ordinance and the public health code of the state.

C. If a critical violation or set of recurring violations appear on an inspection report, or a complaint is made, additional inspections and/or a reinspection shall be required.

D. With respect to nail salons, following an inspection, the Director of Health or his/her designee shall issue a certificate of inspection containing a grade as set forth below, which must be posted on the front door of the premises in which the nail salon is operated. The certificate of inspection is the property of the Stratford Health Department and is to be posted or removed only by Stratford Health Department staff. Any such certificate removed by a person who is not authorized to remove it constitutes a violation of this chapter and may result in the issuance of orders by the Director of Health and could lead to permit suspension.

(1) Grading following inspections shall be as follows:

(a) "A" an inspection score of 90 to 100, with no four or five point demerit items and no more than two risk factor violations.

(b) "B" an inspection score of 80 to 89, with no four or five point demerit items and not more than four risk factor violations.

(c) "C" an inspection score of less than 79, or the presence of one or more four or five point violations, or more than four risk factor violations, or the presence of any chronic, previously identified risk factor violations that have not been corrected.

(2) A risk factor is defined in §§ 55-8 and 55-9 of the Stratford Town Code.

(3) The nail salon owner has the right to appeal the inspection in accordance with § 55-7B within five business days with the Stratford Health Director. Should the nail salon owner wish to request another inspection to improve the grade, a fee of $100 is required.

§ 55-5 Inspection report; orders.

A. In the event unsanitary conditions are found in an establishment (barbershops; hairdressing, cosmetology shops) or if a violation or set of violations appears on one or more consecutive reports, an order to correct may be issued.

B. The inspection report serves as a legal order to correct. Nonimminent health hazards documented during an inspection will be given 10 business days to correct violations. Imminent health hazards shall be corrected within a time frame specified by the Director of Health.

C. An order to correct is properly served when it is given or delivered to the person in charge (see definition) and/or license holder or sent by registered or certified mail, return receipt requested, to the owner's address listed on the license application.

§ 55-6 License suspension; license revocation.

A. Failure to comply with the provisions of this chapter and applicable state regulations may be grounds for suspension or revocation of the establishment license.

B. Failure to correct violations within the specified time frame or repeated violations may be cause for license suspension or revocation.

C. Suspension or revocation of an establishment license will be effective immediately upon the Director of Health's notification and all operations shall cease. A written order to cease and desist will follow within 24 hours. A Health Department placard will be posted on all entrances of the establishment for the public to view and may not be covered or removed without Health Department approval. Obstruction or removal of the placard will be subject to penalties.

D. The Director of Health may suspend, without warning, prior notice or hearing, any license to operate if there is an imminent hazard to public health and/or the person in charge has interfered with the performance of the Director of Health's duties or designee's duties.

§ 55-7 Hearings; appeals; reinstatement; refusal to renew.

A. If a violation or set of violations appear on an inspection report, or a complaint is made of a nature the Director of Health deems unsanitary, or of concern, a hearing will be required.

B. When a license is suspended or revoked, an opportunity for a hearing will be provided if a written request for the hearing is filed with the Director of Health within five business days of the date the hearing notice was issued. Any licensed establishment owner aggrieved by an order to correct, suspension, or revocation may appeal to the Director of Health in writing within five business days of the original action. The Director of Health, within 10 business days of receiving the appeal, will hold a hearing with the aggrieved to determine the merits of the appeal and may vacate, modify, or uphold the original decision.

C. License suspension shall be effective until written approval to resume operations has been issued by the Director of Health. A license suspension may be ended if reasons for suspension no longer exist as evidenced by a re-inspection.

D. The Director of Health, after providing opportunity for hearing, may refuse to renew the license of any establishment for serious or repeated violations of any of the provisions of this chapter, and/or for interference with performance of official duties and/or for cases where the license to operate has been obtained through nondisclosure, misrepresentation or intentional misstatement of facts.

E. After a period of 60 calendar days from the date of revocation or refusal to renew, a written application may be made for the issuance of a new license. This application will be treated as a new application. All appropriate procedures and inspections will be required including a new plan review application and fee.

§ 55-8 Imminent health hazards.

A. The Director of Health shall suspend without warning, prior notice, or hearing any license to operate a barbershop, hairdressing shop, or cosmetology shop if the establishment engages in practices that constitute an imminent health hazard to the public due to one or more of the following:

(1) An unlicensed technician performing duties of a licensed technician.

(2) The owner or technician of an establishment has interfered with the performance of the Director of Health's or designee's duties.

(3) Failure to comply with a scheduled inspection to determine code compliance.

(4) Establishments with business hours outside of the Health Department's normal business hours that do not respond within 10 business days to the Health Department's request for an inspection of the facility by email with an agreeable time and date.

(5) An outbreak of or potential for an infectious, pathogenic, or toxic agent capable of being transmitted to consumers during the course of providing services.

(6) The absence of an adequate amount of approved sanitizer or observing that the sanitizer is not being properly used as stated by the manufacturer's label.

(7) The absence of potable water, supplied under pressure, which, in the opinion of the Director of Health, is not capable of meeting the needs of the facility.

(8) A sewage backup into the facility.

(9) Critical violation or set of violations.

§ 55-9 Critical violations.

A. Every barbershop, hairdressing shop, and cosmetology shop shall not have one or more of the following violations:

(1) Credo blades, ultraviolet storage units, autoclaves, skin-grating type equipment located in any part of an establishment.

(2) Single-use articles not discarded immediately after use and single-use articles stored used.

(3) Equipment and implements not cleaned and sanitized properly as well as equipment and implements stored unclean and/or not sanitized.

(4) Pedicure stations and manicure stations not properly cleaned and sanitized immediately after each customer.

(5) Technician not washing hands prior to serving the customer.

(6) Changes to the establishment floor plan without approval by the Health Department.

(7) A technician using one person's implements on another customer.

(8) An unlicensed technician or person performing duties that require a current license from the Connecticut Department of Public Health.

(9) Performing services the establishment has not been approved and/or is not licensed to perform.

§ 55-10 Penalty fees.

A. Penalty fees for barbershops, hairdressing shops, and cosmetology shops will be assigned to the following violations:

(1) Credo blades or skin-grating type tools present in the establishment.

(2) An unlicensed technician or person performing duties that require a current license from the Connecticut Department of Public Health. The owner of the establishment shall be assigned a penalty fee along with immediate license suspension.

(3) Performing services the establishment has not been approved and/or is not licensed to perform.

(4) Obstruction or removal from the public view of the closure sign.

(5) Remaining open after receiving a cease and desist order from the Health Department.

(6) Operating without an establishment license.

(7) Failure to appear at a scheduled appointment without 24 hours' prior notice.

(8) Violation or set of violations requiring reinspection.

B. Penalty fees are set by the Director of Health and reviewed annually. There are other fees associated with operating and inspecting establishments.

§ 55-11 Technician; customer.

A. Every barbershop, hairdressing shop, and cosmetology shop shall comply with the following:

(1) No person known to be affected with any communicable disease in an infectious stage shall engage in barbering, hairdressing, or cosmetology.

(2) No customer affected with an infectious disease, including head lice, shall be attended to.

(3) The hands of the technician shall be washed with soap and warm water and dried on a single-use paper towel immediately prior to serving each customer.

(4) Signage shall be posted in clear view of the public requesting customers to wash hands prior to receiving a manicure.

(5) Technicians shall eat in a separate designated break room.

(6) Smoking is prohibited in any portion of the establishment.

(7) Technicians shall have clean outer garments while attending to customers.

§ 55-12 Facilities.

A. Every barbershop, hairdressing shop, and cosmetology shop shall have:

(1) Water supply. An adequate supply of hot (minimum 105°F./maximum 110° F.) and cold running water under pressure from a municipal or approved private source is required. All sinks must have hot and cold running water that is kept on at all times (i.e., the water valves are to be kept in the open position).

(2) Waste disposal. Wastewater from all plumbing fixtures shall be discharged into municipal sewers or suitable, subsurface sewage disposal system in compliance with the Connecticut Department of Public Health.

(3) Plumbing fixtures shall be in good repair and installed so as to not constitute back siphonage or create a cross connection.

(4) Sinks. Mop sinks shall be only used for cleaning of the facility. Utility sinks shall be only used for mixing of chemicals. Shampoo sinks shall be only used to shampoo and rinse hair. A hand sink is for hand washing only. There shall be one hand sink in each private treatment room and at least one hand sink in each work area. Hand sinks must have pump soap and paper towels. Bar soap is not approved.

(5) Restrooms. Bathroom facilities must have a hand sink, toilet, toilet paper with a holder, garbage can with a lid for women's or unisex bathroom, mechanical ventilation or an operational window, and a self-closing door.

(6) Floors, walls, ceilings. Floors shall have a hard washable surface and be kept clean and in good repair. No debris shall accumulate on the floor. Walls shall be kept clean and in good repair. Walls shall have approved cove molding. Ceilings shall be kept in good repair.

(7) Lighting. All areas of the establishment shall be well lit and shall have light sufficient in number so as to provide a minimum of 10 footcandles of illumination.

(8) Ventilation. Ventilation shall remove odors and must be in compliance with the International Mechanical Code.

(9) Refuse containers. Refuse containers inside of the establishment shall be emptied daily and maintained in a sanitary manner. Refuse containers outside shall have tight fitting lids which are kept closed at all times. The garbage receptacle area must be maintained in a clean manner.

(10) Storage. The establishment must have adequate storage to hold linens, product, chemicals and other items used in the establishment.

(11) Signage. Consumer public health safety signage explaining salon-specific health and sanitation precautions that the establishment is required to follow shall be posted throughout the establishment in clear and easy view to customers. Content of the signage will be provided by the Health Department.

(12) Barriers. Barriers (e.g., sheets, exam paper) used on tables or other equipment/surfaces shall be changed between customers.

(13) Sleeping. Sleeping quarters shall not be located in any part of the establishment.

§ 55-13 Operation; maintenance.

A. Every barbershop, hairdressing shop, and cosmetology shop shall comply with the following:

(1) License. The establishment must post the Health Department license in a manner that the customer can easily read all parts of the license. The establishment owner must keep a copy of all full- and part-time employees who work for them, especially those licensed by the Connecticut Department of Public Health at the front desk for inspection by the Health Department.

(2) Cleanliness. The establishment shall be kept clean and sanitary at all times. Work stations must be visibly clean and sanitized immediately after each customer.

(3) Sanitizer. All sanitizer shall be hospital grade and approved by the Health Department. Sanitizer shall be used in accordance with the manufacturer's label. Any deviation from the manufacturer's label constitutes a violation. A minimum of one full gallon of sanitizer per pedicure station and one gallon of sanitizer for all manicure stations is required each work day constitutes an adequate amount.

(4) Chemicals. Chemicals must be clearly labeled. Chemicals not in the original container must be labeled properly.

(5) Person in charge. The owner will designate a person in charge to provide the Health Department with all requests for information when he/she is absent from the establishment.

§ 55-14 Equipment.

A. Every barbershop, hairdressing shop, and cosmetology shop shall comply with the following:

(1) Equipment must be commercial grade, designed for such purpose, and in good repair.

(2) Equipment and implements that come in contact with a client must be cleaned with a detergent (soap) and then sanitized with an approved hospital-grade sanitizer immediately after serving the customer.

(3) For pedicure bowls that are designed to be lined, a new single-use plastic liner shall be used for each customer and then discarded. Pedicure bowl removable jets must also be cleaned and sanitized after each customer. The entire pedicure bowl must be cleaned and sanitized at the end of the workday.

(4) If an establishment is not using plastic liners, proper cleaning and sanitizing procedures for the pedicure bowl must be followed between each customer. Cleaning and sanitization of the pedicure bowl includes removal of grates and jet covers by the technician. Proper tools must be available at the establishment to perform this task.

(5) Autoclaves, ultraviolet light equipment, credo blades, and skin-grating tools are prohibited in the establishment. The presence of autoclaves and/or their use constitutes a violation and has penalty fees associated with them.

(6) Clean and sanitized equipment shall be stored at a work station, or in a storage container that is visibly clean.

(7) Single-service items may be used on one customer and must be disposed of immediately after use on that customer. A single-use item shall not be stored used in the establishment. Exception is a customer who has a container stored at the establishment with their name on it to store their personal implements to be used only on them.

(a) Examples of single-use items include, but are not limited to, styptic pens, make-up sponges, buffers, orangewood sticks, etc.

§ 55-15 Home establishment.

A. Every barbershop, hairdressing shop, and cosmetology shop shall comply with the following:

(1) An establishment located in a residence must be confined to a separate room that is separated with high wall partitions. The establishment must conform to all sections of this chapter.

(2) The bathroom shall be in the same location of the house as the establishment work area.

§ 55-16 Technical standards.

The Director of Health shall have the authority to adopt technical standards and associated inspection procedures to assure proper sanitary maintenance and safe operation of barbershops, hairdressing shops, and cosmetology shops. Such standards and inspections shall not contravene any of the provisions of this chapter or any state or municipal laws, ordinances or regulations and may be amended or revised as deemed necessary from time to time by the Director of Health. Failure of a barbershop, hairdressing shop, or cosmetology shop to achieve and maintain minimum requirements of these technical standards shall constitute a violation of this chapter.