[HISTORY: Adopted by the Board of Selectmen of the Town of
Brookfield as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 242.
[Adopted 5-2-2012]
As used in this article, the following terms shall have the
meanings indicated:
A locally issued license to open and run any personal care
service as listed in the definition of "shop, salon or studio," Subsections
A and B, below. Such license is in addition to any personal care license
required by state statute and applies to the establishment or business
itself.
A person who, for compensation, cuts, shapes, polishes or
enhances the appearance of nails of the hands or feet, including,
but not limited to, the application and removal of sculptured or artificial
nails.
Any person who owns and/or operates a personal care business
in the Town of Brookfield for profit, including salons, spas, barber
shops, hairdressers, manicuring studios (both hand and foot), saunas,
massage parlors or body piercing establishments.
Any place where the art or practice of dressing, arranging,
curling, waving, weaving, cutting, styling, bleaching or coloring
of the hair, beards are trimmed or shaved, and/or treating the scalp
by massaging, cleansing, stimulating, antiseptics, tonics, lotions,
creams, powders, oils, or clay and doing similar work on the face,
neck, arms and manicuring the nails, both hands and feet, of any person
for compensation, as well as saunas, provided that nothing in this
definition shall prohibit an unlicensed person from performing facials,
eyebrow arching and manicuring of the fingernails.
Includes but is not limited to the following: barber shops,
beauty salons or studios, coiffeurs and hair designers, fashioners
and schools for same, manicure and pedicure businesses, massage parlors,
body-piercing establishments and day spas.
Under Connecticut General Statutes, Chapter 368e, Section 19a-231,
the Director of Health shall, on an annual basis, inspect all salons
within the Director's jurisdiction regarding their sanitary condition.
The Director of Health or the Director's authorized representative
shall have full power to enter and inspect any such salon during usual
business hours.
The purpose of this article is to safeguard the health and well-being
of persons who patronize barber shops, beauty salons, day spas, manicurist/pedicurist
establishments, massage parlors, body-piercing establishments and
the like, in the Town of Brookfield, through a system of inspection,
regulation, education and licensing of said establishments, their
owners and employees. Some owners and employees are licensed through
the state but actual facilities are never inspected.
A.
All operators shall possess and display an appropriate current license
or registration to practice, from the State of Connecticut, as required.
B.
It shall be unlawful for any person, firm, corporation, etc., to
operate a shop, salon or studio, or offer services of same within
the Town of Brookfield, without a valid establishment license issued
by the Director of Health. Only a person who complies with the requirements
of this article and the General Statutes of the State of Connecticut
shall be entitled to receive or retain such license. Licenses are
not transferable. A valid license shall be conspicuously posted in
every shop, salon or studio.
A.
Any firm, person, corporation, etc., desiring to operate a shop,
salon or studio shall, at least 30 days prior to opening or change
of ownership of such establishment, make written application for a
license on forms provided by the Director of Health. All currently
existing salons, shops or studios shall be licensed by the Town of
Brookfield, within 30 days of the effective date of this article.
Such application shall include but not be limited to the name and
address of each applicant, the location and type of each establishment
and the applicant's signature.
C.
Prior to the issuance of final approval for a license, the Director
of Health or his authorized agent shall inspect the proposed establishment
to determine compliance with the provisions of this article, the General
Statutes of the State of Connecticut and any other applicable statutes,
ordinances or rules and regulations.
Annual fees for operating a personal care establishment, annual
renewal, late fees for nonpayment or for required plan review for
new construction or for reconstruction or alteration shall be set
from time to time by the Board of Selectmen.[1]
[1]
Editor's Note: A copy of the required fees is available
at the Brookfield Department of Health.
All licenses shall expire one year from the date of issuance
and may be renewed for another year, upon reapplication and payment
of annual fee, provided the establishment is in compliance with this
article, the General Statutes of the State of Connecticut and any
other applicable statutes, ordinances, rules and regulations.
A.
The Director of Health may suspend any license to operate a shop, salon or studio, if the license holder does not comply with the requirements of this article or the General Statutes of the State of Connecticut. If the Director of Health finds unsanitary or other conditions which, in his/her judgment, constitutes an immediate and substantial hazard to public health, he may immediately issue a written notice to the license holder or operator, citing such conditions, specifying the reasonable period of time within which such action will be taken and, if deemed necessary, order immediate correction. If correction is not completed in the stated time, the license shall be suspended. Suspension is effective upon service of a notice as stated in § 178-9 of this article. When a license is suspended, all operations shall immediately cease.
B.
Whenever a license is suspended, the license holder or person in
charge, or applicant, may, within 48 hours after issuance of such
order, appeal to the Commissioner of Public Health of the State of
Connecticut, pursuant to Connecticut General Statutes Section 19a-229,
who shall thereafter immediately notify the authority from whose order
the appeal was taken and examine the merits of such case, and may
vacate, modify or affirm such order.
C.
During the process of any appeal, the license shall remain suspended.
A.
The Director of Health may revoke a license for repeated or serious
violations of this article or for interference with the Director of
Health or his/her authorized agent in the performance of their duties.
Prior to revocation, the Director of Health shall notify the license
holder or person in charge of the establishment in writing, of the
reasons for which the license is subject to revocation and that said
license will be revoked at the end of 14 days following service of
such notice.
B.
Whenever a license is revoked, the license holder or person in charge
of the establishment or applicant may, within 48 hours after issuance
of such order, appeal to the Commissioner of Public Health of the
State of Connecticut, pursuant to Connecticut General Statutes Section
19a-229, who shall thereupon immediately notify the authority from
whose order the appeal was taken and examine the merits of the case
and may vacate, modify or affirm such order.
C.
During the process of any appeal, the license shall remain revoked.
A notice provided for in this article is properly served when
it is delivered to the license holder or person in charge, or when
it is sent by registered or certified mail, return receipt requested,
to the last known address of the license holder. A copy of any notice
shall be filed in the records of the Director of Health.
A.
Suspension. Whenever a license has been suspended, the holder of
the suspended license, whether there is an appeal pending or not,
may make a written request for reinstatement of the suspended license.
Within 10 days following receipt of a written request, including a
statement signed by the applicant that, in his/her opinion the conditions
causing the suspension have been corrected, the Director of Health
or his authorized agent shall make a reinspection. If the applicant
is complying with the requirements of this article, the General Statutes
of the State of Connecticut and other applicable statutes, ordinances,
rules and regulations, the license shall be reinstated.
B.
Revocation. Whenever a license has been revoked, the holder of said revoked license may, after a period of 10 days from the date of revocation, make written application for reinstatement of a license, as provided in § 178-4 of this article and payment of annual fee, whether or not an appeal is pending. Within 10 days following the receipt of a written request for reinstatement of a revoked license, including a statement signed by the applicant that, in the opinion of the applicant, the conditions causing the revocation have been corrected, the Director of Health or his authorized agent shall make a reinspection. If the applicant is in compliance with the requirements of this article, the General Statutes of the State of Connecticut and any other applicable statutes, ordinances, rules and regulations, the license shall be reinstated upon payment of the appropriate fee.
Whenever a shop, salon or studio is constructed or remodeled
and, whenever an existing structure is converted to use as such an
establishment, properly prepared plans showing, in particular, plumbing
fixtures and schedules of equipment, finish schedules, station areas
and specifications for construction, remodeling or alteration of same,
shall be submitted to the Director of Health or his authorized agent
for review and approval, before construction, remodeling or alteration
is begun. The plans and specifications shall assess design flow of
existing subsurface disposal (septic) system if applicable, indicate
the proposed layout, arrangement and construction materials of work
areas, expansion of the subsurface sewage disposal system, if necessary,
and protection of water supply as necessary. A statement of the type
and model of the proposed fixed equipment and facilities shall be
provided along with the plans. The Director of Health or his authorized
agent shall approve the plans and specifications, if they meet the
requirements of this article, prior to the issuance or renewal of
a license.
Whenever plans and specifications as required by § 178-12 of this article are to be submitted to the Director of Health or his authorized agent, he shall inspect the establishment prior to its commencing or resuming operation, to determine compliance with the approved plans and specifications and within the requirements of this article.
A.
The Director of Health or his authorized agent, as required by Connecticut
General Statutes, Section 19a-231, shall make inspections and reinspections
as necessary, to enforce this article, but not less than once per
year (except in the case of required reinspections) and shall be permitted
to enter any establishment, licensed or applying for a license under
this article, during regular working hours.
B.
Compliance with this article shall not relieve the owner or operator
of responsibility to conform to all applicable regulations and procedures,
under the Connecticut and Brookfield Building Codes and Fire Safety
Codes, as well as municipal zoning and land use ordinances and regulations.
A.
Technical standards including those governing location, equipment,
facilities, sanitation, prohibited practices, operators, animals and
pets, as well as acceptable methods of disinfection are set forth
in a separate document available in the Brookfield Department of Health.
(See Annex A.[1])
[1]
Editor's Note: The annex is available at the Brookfield
Department of Health.
B.
These technical standards shall comply with the Connecticut General
Statutes, Chapter 368e, Section 19-231, and may be updated or modified
by the Director of Health, from time to time, to ensure the safety
and health of all personal care clients.
A.
Unless otherwise provided, any person who violates any provision
of this article shall be fined not more than $100 for each violation.
B.
It shall be the responsibility of the offender to abate any violation
as ordered by the Director of Health.
C.
Each day's violation shall be deemed a separate offense.
