Borough of Middlesex, NJ Barbershops, Beauty Parlors and Nail Salons

After each use on a patron, any tool or part thereof which comes into contact with the head, face or neck of the patron, such as razors, scissors, tweezers, combs and parts of vibrating trimmers, shall be thoroughly cleaned and disinfected.

After each use on a patron, all electrical and nonelectrical instruments shall be thoroughly cleaned to remove foreign matter, treated with an approved disinfectant and stored in a protected manner until next use.

Disinfectants shall be changed in accordance with the manufacturer's instructions to ensure complete disinfection. No sediment from the item being disinfected shall be allowed to remain in the bottom of the disinfection container.

Disposable and single-use equipment:

Disposable or single-use articles shall be disposed of in a waste receptacle after use on each patron unless stored in a separate closed clean container labeled with the patron's name and used only on that patron.

All disposable or single-use articles that come into contact with blood and/or body fluids shall be enclosed in sealable plastic bags prior to being placed in the waste receptacle.

All sharp or pointed articles shall be disposed of in a punctureproof container.

Sanitation of foot spas and water baths:

An antimicrobial additive shall be placed in each foot spa or waterbath during use.

After each patron, the shop/salon shall drain all water and debris, properly disinfect and dry the foot spa or waterbath.

At the end of each day, the shop/salon shall remove and immerse any filter in disinfectant and flush the foot spa or waterbath with low-sudsing soap and water, and then disinfect and air dry the foot spa or waterbath.

Towels:

Clean, properly laundered or disposable towels shall be used for each patron.

All linens and towels shall be deposited in a covered cleanable receptacle after use by a patron.

Clean towels and linens shall be stored off the floor in a clean, protected location.

Cosmetics:

When only a portion of a cream, liquid, powder or other cosmetic preparation is to be removed from the container, it shall be removed in such a way as not to contaminate the remaining portion.

Multi-use of cosmetic applicators is prohibited. This includes the use of lipsticks, powder puffs, makeup brushes and sponges which are not disposable.

Lotions and powders shall be dispensed from a sanitary self-dispensing container.

Operators:

Operators shall thoroughly wash their hands with soap and water immediately after using the toilet, eating or smoking. Before serving each customer, operators shall thoroughly wash their hands with soap or hand disinfectant.

No operator shall remove warts or moles or treat any disease of a patron, nor perform any medical procedure such as an injection, nor dispense any medical device.

All operators shall have an exclusion policy for people with a communicable disease that may be transmitted through the services of a barber, hairdresser, cosmetologist, or nail technician.

(4)

No individual shall perform procedures requiring licensure by the New Jersey State Board of Cosmetology without possessing such a valid license.

(5)

No individual shall perform procedures requiring licensure by the New Jersey State Board of Cosmetology without having such license visible and present on site.

Water and plumbing:

Every shop/salon must have an approved water supply with sufficient hot and cold running water under pressure.

All plumbing fixtures must be protected against back-siphonage or backflow.

Plumbing fixtures shall be clean and free from defects.

Toilet and sink facilities:

Each shop/salon shall provide adequate toilet and hand-washing facilities for patrons and employees.

Toilet and hand-washing facilities shall be in working condition at all times, and kept clean and sanitary.

Each hand-washing sink shall have a soap dispenser and disposable towels or an air dryer for hand drying.

(4)

Handwashing signs stating "Wash Hands Before Resuming Work" or words of similar meaning shall be posted conspicuously in all toilet rooms and at each separate lavatory facility in the establishment.

Lighting and ventilation:

Lighting shall be sufficient to provide adequate illumination in the work area.

The shop/salon shall be properly and adequately ventilated to remove excess heat, vapors, and odors.

Windows and doors shall be effectively screened against insects, rodents and other vermin. Insect and vermin entry must be otherwise precluded at all times.

Floors, walls and ceilings: Floors, walls and ceilings shall be kept clean and in good repair.

§ 427-6 Suspension of license.

Failure to comply with the provisions of this chapter and applicable state regulations shall be grounds for suspension of any license issued under the provisions of this chapter.

The Health Officer may suspend, without warning, prior notice or hearing, any license to operate a barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop if the operation constitutes an imminent hazard to public health, including, but not limited to, any one of the following:

There is an outbreak of an infectious, pathogenic or toxic agent capable of being transmitted to consumers.

There is an absence of potable water, supplied under pressure, in a quantity which, in the opinion of the Health Officer, is capable of meeting the needs of the facility.

There is a sewage backup into the facility.

(4)

An unlicensed individual is performing procedures requiring licensure by the New Jersey State Board of Cosmetology.

Suspension shall be effective immediately upon delivery of the written order to the license holder or person in charge of the facility by the Health Officer or his/her designee. When a license is suspended, all barbershop, hairdressing and/or cosmetology shop or nail salon/shop operations shall cease immediately and shall not resume until written approval to resume has been issued by the Health Officer. The Health Officer or his/her designee shall remove a suspended license from the premises.

When a license is to be suspended, the holder of a license, or the person in charge, shall be notified in writing of the suspension, and an opportunity for a hearing will be provided if a written request for hearing is filed with the Health Officer by the holder of the license within two business days of receipt. If no written request for a hearing is filed within two business days of receipt of notice, the suspension is sustained. The Health Officer may end the suspension at any time by giving written notice to the license holder if reasons for suspension no longer exist.

Upon receiving a request for a hearing, the Health Officer shall schedule a hearing with the Board of Health not later than 10 business days from the date of actual receipt of the request to afford the owner the opportunity to present evidence and argument on all facts or issues involved and to examine the merits of such suspension.

The Board of Health shall examine the merits of such suspension and render a decision in writing to vacate, modify, or affirm such suspension within 10 business days of the date of the hearing held under this section.

Whenever a license has been suspended, the holder of the suspended license may make written request for license reinstatement. Within 10 business days following receipt of a written request, including a statement signed by the applicant that, in his or her opinion, the conditions causing the suspension have been corrected, the Health Officer or his/her designee shall make a reinspection. If the Health Officer or his/her designee determines that the applicant has complied with the requirements of this chapter, the license shall be reinstated and returned to the license holder.

§ 427-7 Variations.

No variation from any of the provisions of this chapter shall be permitted except as elsewhere provided herein.

§ 427-8 Review by Board.

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.

§ 427-9 Violations and penalties.

Whenever additional inspections are necessitated by reason of classification of a barbershop, beauty parlor or nail salon as unsatisfactory (beyond one initial inspection), the license holder shall reimburse the Board for the cost of each such inspections in the amount of the original license fee applicable to the premises.

There shall be a fee of $50 for each inspection as set forth in Subsection A.

For any violation of any provision of this chapter, the following shall apply:

For any violation of any provision of this chapter, the Health Officer or his/her designee or any other law enforcement officer shall issue a summons and complaint, in usual form, returnable in the Municipal Court of the Borough of Middlesex or such other court as may be permitted by law.

Upon conviction, any person who violates any provision of this chapter shall be subject to a fine of not less than $50 nor more than $1,000 for the first offense, and a fine of not less than $50 nor more than $1,000 and imprisonment for 90 days for the second and subsequent offenses, or the maximum penalties otherwise permitted by law.