[HISTORY: Adopted by the City of Norwalk Common Council 1-14-2003. Amendments
noted where applicable.]
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Includes the following described practices when performed
by a barber licensed in the State of Connecticut, upon the head, face,
scalp or neck for cosmetic purposes only:
The cutting, trimming, or shaving of the hair.
Singeing, shampooing, dyeing or styling of the hair.
The application of cosmetic preparations, hair tonics, antiseptics,
powders, oils, clays, creams or lotions.
Giving facial and scalp massage or the application of oils,
creams, lotions or other preparations, either by hand or mechanical
appliances.
Any establishment engaged in the practice of barbering for
the public.
The practice of physical body adornment by permitted establishments
and practitioners using, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding, and scarification.
[Added 7-26-2011[1]]
Any establishment engaged in the practice of body piercing
or tattooing for the public.
[Added 7-26-2011]
Any establishment engaged in the practice of barbering, hairdressing,
or cosmetology for the public.
[Added 7-26-2011]
Piercing or creating a channel through any part of the body
for the purpose of inserting a decorative object. This definition
excludes piercing of the earlobe with a presterilized single-use stud-and-clasp
system manufactured exclusively for ear piercing.
[Added 7-26-2011]
Includes the following described practices performed by a
licensed hairdresser/cosmetician in the State of Connecticut upon
the head, face, scalp, arms, hands, body, legs and feet for cosmetic
purposes only.
Dressing, arranging, curling, waving, weaving, cutting, singeing,
bleaching and coloring hair.
Treating the scalp, face, neck and arms by massaging, cleansing,
exercising, stimulating or manipulating, with the hands, mechanical
appliances or water.
Application of cosmetics, preparations, antiseptics, tonics,
lotions, creams, powders, oils, clays or sprays.
Manicuring fingernails of the hand and toenails of the feet.
Any establishment engaged in the practice of hairdressing
or cosmetology for the public.
The following described practices can be performed by an
unlicensed individual under the supervision of a licensed hairdresser/cosmetician
in the State of Connecticut.
Any method of placing ink or other pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This term includes all forms of cosmetic tattooing.
[Added 7-26-2011]
[1]
Editor’s Note: This ordinance also changed the title
of this chapter from "Barbershops, Hairdressers and Cosmetology Shops”
to “Body Care and Body Art Facilities."
A.
No body care or body art facility having a permanent location shall
be relocated, constructed, remodeled or extensively altered, nor shall
a structure be converted to use as a body care or body art facility
except in accordance with the specifications and standards approved
by the Norwalk Board of Health.
[Amended 7-26-2011]
B.
Properly prepared plans drawn to a scale of not less than 1/4 inch:
one foot, and specifications for such construction, remodeling or
alteration shall be submitted to the Director of Health, or authorized
agent, for review and approval before relocation, construction, remodeling,
alteration, or conversion is begun. The plans and specifications shall
indicate the proposed layout, arrangement and construction materials
of work areas and the type and model of proposed fixed equipment and
facilities. The plans and specifications shall be submitted with forms
furnished by the Director of Health. The Director of Health shall
approve the plans and specifications if they meet the requirements
of this chapter and the Public Health Code of the State of Connecticut.
C.
Prior to the body care or body art facility’s opening, the
Director of Health, or authorized agent, shall conduct a preoperational
inspection to determine compliance with the approved plans and specifications
and with the requirements of this chapter and the Public Health Code
of the State of Connecticut.
[Amended 7-26-2011]
A.
No person shall maintain or operate body care or body art facility
without having a valid permit issued by the Director of Health. Only
a person who complies with the requirements of this Code shall be
entitled to receive or retain such a permit.
[Amended 7-26-2011]
B.
Application for a permit shall be made on forms furnished by the
Director of Health, wherein the applicant shall state his/her name,
address, the address of the place of business, give such other pertinent
information as the Director of Health may require and affix his signature
to the application. All permits are valid for one year or a portion
thereof, and are renewable each year on or before September 30 of
each year. The chief corporation officers shall be designated for
service in the event of a corporation.
C.
No permit shall be granted to any individual to operate a barbershop
or hairdressing shop unless such person has been licensed as a barber,
or hairdresser/cosmetician for at least two years.
D.
Every applicant for a permit to operate a body care or body art facility shall pay an annual permit fee established in accordance with § 57-5. Fees will not be prorated.
[Amended 7-26-2011]
E.
No permit shall be issued or renewed until a completed application
has been submitted, the permit fee has been paid and the applicant's
body care or body art facility meets the requirements set forth in
this Code and all other applicable state and local regulations.
[Amended 7-26-2011]
F.
Permits shall be valid until the expiration date indicated on the
permit unless suspended or revoked by the Director of Health, or until
such time as the facility changes owners, closes, or goes out of business.
G.
Permits shall not be transferable from person to person or from location
to location.
H.
The Director of Health, or his/her agent, after proper identification,
shall be permitted to enter, during normal operating hours, any portion
of any body care or body art facility for the purpose of making inspections
to determine compliance with this chapter and the Public Health Code
of the State of Connecticut.
[Amended 7-26-2011]
I.
A temporary permit to operate a body care or body art facility may be granted for a period not to exceed 14 calendar days for a fee established in accordance with § 57-5. A temporary permit would be required and issued for conducting a public demonstration, a fund-raising event or a public convention.
[Amended 7-26-2011]
[Amended 7-26-2011]
A.
At least
once a year, the Director of Health, or authorized agent, shall inspect
each body care or body art facility and shall make as many additional
inspections as are necessary for the enforcement of this chapter and
the Public Health Code of the State of Connecticut. Any facility offering
pedicures as a service will be inspected a minimum of twice a year.
B.
The Director of Health, in consultation with the Board of Health,
shall have the authority to adopt and amend technical standards, policies
and inspection procedures. Such standards, policies and inspection
procedures shall conform to the purpose of this chapter, the Connecticut
General Statutes, and the Public Health Code of the State of Connecticut.
Failure of a body care or body art facility to comply with the requirements
as outlined in this chapter, the technical standards, policies and
inspection procedures shall be considered a violation of this chapter.
A.
Failure to comply with the provisions of this chapter and applicable
state regulations shall be grounds for revocation or suspension of
any permit issued under the provisions of this chapter.
B.
In the event that the Director of Health or authorized agent finds
unsanitary conditions in the operation of a body care or body art
facility, or if a violation or set of violations appears on more than
one consecutive inspection report, the Director of Health may immediately
issue a written notice to the permit holder, or person in charge,
citing such conditions, specifying the corrective action to be taken
and time frame within which action shall be taken. If correction is
not made in the allotted time, the permit may be revoked or suspended.
[Amended 7-26-2011]
C.
The Director of Health may suspend, without warning, prior notice
or hearing, any permit to operate a body care or body art facility:
[Amended 7-26-2011]
(1)
If the operation constitutes an imminent hazard to public health;
(2)
If the owner, operator or person in charge has interfered with the
performance of the Director of Health's duties; or
(3)
If the body art facility is not in compliance with the Public Health
Code of the State of Connecticut requirement for physician supervision
of technicians engaged in tattooing [19a-92a-1(d)].
D.
An imminent health hazard shall include, but is not limited to, any
one of the following:
(1)
An ongoing outbreak of an infectious, pathogenic or toxic agent capable
of being transmitted to consumers; or
(2)
The absence of potable water, supplied under pressure, in a quantity
which, in the opinion of the Director of Health, is capable of meeting
the needs of the facility; or
(3)
A sewage backup into the facility;
[Amended 7-26-2011]
(4)
An unlicensed individual performing procedures requiring licensure
by the Public Health Code of the State of Connecticut. An individual
who does not hold a valid hairdressing/cosmetician license in the
State of Connecticut is not allowed to perform pedicures, including
polish changes on the feet.
E.
Suspension shall be effective immediately upon delivery of the written
order to the permit holder or person in charge of the facility by
the Director of Health. When a permit is suspended, all body care
or body art operations shall cease immediately and shall not resume
until written approval to resume has been issued by the Director of
Health. The Director of Health shall remove a suspended permit from
the premises.
[Amended 7-26-2011]
F.
When a permit is suspended, the holder of a permit, 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 Director of Health by the holder of the
permit within 48 hours. The Director of Health may end the suspension
at any time by giving written notice to the permit holder if reasons
for suspension no longer exist.
G.
Upon receiving a request for a hearing, the Director of Health shall
immediately examine the merits of such suspension and may vacate,
modify or affirm such suspension.
H.
The permit holder who is aggrieved by such action of the Director
of Health may, within 48 hours after the making of such decision,
appeal to the Commissioner who shall thereupon immediately notify
the authority from whose order the appeal was taken and examine the
merits of such suspension and may vacate, modify, or affirm such suspension.
A.
The Director of Health, after providing opportunity for hearing,
may revoke or refuse to renew the permit of any person for serious
or repeated violations of any of the provisions of this Code, or for
interference with the Director of Health in the performance of official
duties or for cases where the permit to operate has been obtained
through nondisclosure, misrepresentation or intentional misstatement
of a material fact.
B.
Prior to revocation or nonrenewal, the Director of Health shall notify
the permit holder, or person in charge at the facility of the specific
reason(s) for such revocation or nonrenewal, and that permit shall
be revoked or not renewed at the end of 10 calendar days following
service of such notice, unless a written request for a hearing is
filed with the Director of Health by the holder of the permit within
48 hours of such notice. If no request for a hearing is filed with
48 hours of such notice, the revocation or nonrenewal becomes final.
The Director of Health shall remove a revoked permit from the premises.
A.
Suspension. Whenever a permit has been suspended, the holder of the
suspended permit may make written request for permit reinstatement.
Within 10 days following receipt of a written request, including a
statement signed by the applicant that, in his opinion, the conditions
causing the suspension have been corrected, the Director of Health
shall make a reinspection. If the Director of Health determines that
the applicant has complied with the requirements of this Code and
the State Public Health Code, the permit shall be reinstated and returned
to the permit holder.
B.
Revocation; nonrenewal. After a period of 60 days from the date of
revocation or refusal to renew, a written application may be made
for the issuance of a new permit. This application will be treated
as a new application. All appropriate procedures and inspections will
be required, including a plan review.
The Director of Health shall conduct the hearings provided for
in this chapter at a time and place designated. The Director of Health
shall summarize the proceedings of such hearings and provide sufficient
copies. The Director of Health 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 Director of Health
shall furnish a written report of the hearing decision to the permit
holder within 10 calendar days of the hearing date.
A notice or order provided for in this Code is properly served
when it is delivered to the permit 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 holder of the permit. A completed
and signed inspection report shall constitute a written notice.