[HISTORY: Adopted by the Bloomfield Board of Health 11-4-2003 (Ch. 284 of the 1987 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who is licensed to engage in any of the practices encompassed in 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.
- Any establishment engaged in the practice of barbering for the public.
- Any person designated by the Health Officer to act for him/her in the performance of his/her duties.
- 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.
- HAIRDRESSER/COSMETICIAN or COSMETOLOGIST-HAIRSTYLIST
- Any person who is licensed to engage in the practices encompassed in cosmetology and hairstyling.
- 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.
- HAIRDRESSING OR COSMETOLOGY SHOP/SALON
- Any establishment engaged in the practice of hairdressing, cosmetology or barbering for the public.
- HEALTH OFFICER
- The Health Officer of the Township of Bloomfield 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.
- A person who owns, leases, or manages a shop/salon, or any licensed person performing barbering, hairdressing, cosmetology or manicuring.
- A person who owns a shop/salon establishment and is responsible for upholding the regulations of this chapter in all areas of the establishment.
- 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 health and welfare.
- 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 person shall maintain or operate any barbershop, hairdressing, cosmetology salon/shop or nail salon/shop without having a valid license issued by the Health Officer. Only a person who complies with the requirements of this chapter shall be entitled to receive or retain such a license.
Every barbershop, hairdressing, cosmetology salon/shop or nail salon/shop must comply with local planning and zoning regulations and all other applicable ordinances before being issued a license.
Application for a license shall be made on forms furnished by the Health Officer. All licenses are valid for one year or a portion thereof and are renewable on January 1 of each year.
Every applicant for a license to operate a barbershop or hairdressing and/or cosmetology salon/shop or nail salon/shop shall pay an annual license fee according to § 624-2A(1) of the Code of the Township of Bloomfield. The annual license fee shall be due and payable on or before the first day of February each year. Any applicant whose check is returned unpaid to the Board of Health shall be required to pay a returned check fee of $20.
No license shall be issued or renewed until a completed application has been submitted, the license fee has been paid and the applicant's barbershop or hairdressing and/or cosmetology salon/shop or nail salon/shop meets the requirements set forth in this chapter and all other applicable state and local regulations.
Licenses shall be valid until December 31 of each year as noted on the license unless suspended by the Health Officer, or until such time as the facility changes owners, closes, or goes out-of-business.
Licenses shall not be transferable from person to person or from location to location. Any planned change in ownership of a facility must be reported promptly to the Board of Health and such changes must be approved by the Board of Health prior to the issuance of an operating license.
Licenses must be displayed in a prominent location within the establishment where patrons can observe it.
The Health Officer shall promulgate such rules and procedures as are necessary to ensure compliance with this chapter.
At least once a year, the Health Officer or his/her designee shall inspect each barbershop, hairdressing and/or cosmetology shop/salon and nail salon/shop and shall make as many additional inspections as are necessary for the enforcement of this chapter.
The Health Officer or his/her designee, after proper identification, shall be permitted to enter, during normal operating hours, any portion of any barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop for the purpose of making inspections to determine compliance with this chapter.
In the event that the Health Officer or his/her designee finds unsanitary conditions in the operation of a barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop, or if a violation or multiple violations occur, the Health Officer or his/her designee may immediately issue a written notice to the license holder, or person in charge, citing such conditions, specifying the corrective action to be taken and time frame within which such action shall be taken. If corrective action is not made in the allotted time, the licensee may be fined or his or her license suspended.
An inspection fee, in addition to the annual license fee, shall be imposed upon any barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop as follows:
For each inspection carried out pursuant to a complaint when such inspection results in a determination that said barbershop or hairdressing and/or cosmetology shop/salon or nail salon/shop is in violation of any of the provision of this chapter.
For each reinspection carried out after either a failure of the regular inspection or of failure of an inspection carried out pursuant to a complaint as set forth in Subsection A.
General cleanliness. Each shop/salon shall be maintained to provide a safe and sanitary environment. All facilities shall be kept clean, sanitary and in good repair.
Disinfection of reusable equipment:
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 their 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 waterbaths:
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.
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 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.
No individual shall perform procedures requiring licensure by the New Jersey State Board of Cosmetology without possessing such a valid license.
No individual shall perform procedures requiring licensure by the New Jersey State Board of Cosmetology without having such license visible and present on site.
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.
Lighting and ventilation:
Floors, walls, and ceilings. Floors, walls and ceilings shall be kept clean and in good repair.
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.
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. If no written request for a hearing is filed within two business days, 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 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 Health Officer 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 or her designee shall make a reinspection. If the Health Officer or his or 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.
The Health Officer shall designate a time and place to conduct the hearings provided for in this chapter. The Health Officer shall summarize the proceedings of such hearings and provide sufficient copies. The Health Officer shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. The Health Officer shall furnish a written report of the hearing decision to the license holder within 10 business days of the hearing date. A request for a hearing shall not stay any suspension or denial of a license until such time as a hearing has been held and a decision rendered thereon.
A notice or order provided for in this chapter is properly served when it is delivered to the license holder or person in charge, posted at a conspicuous location on the building, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the license. A completed and signed inspection report shall constitute a written notice.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, the remainder of said chapter shall not be affected thereby.
In any case where a provision of this chapter is found to be in conflict with a regulation of the State Department of Health and Senior Services, Department of Law and Public Safety, Division of Consumer Affairs or any other state law or regulation, on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.