City of West Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of West Haven 3-11-2013. Amendments noted where applicable.]
For the purpose of this chapter:
AUTHORIZED REPRESENTATIVE
The person designated by the Director of Health to act for him or her in the performance of his or her duties.
BARBER
A person licensed pursuant to Chapter 386 of the General Statutes of the State of Connecticut.
BARBERING
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:
A. 
Shaving or trimming of the beard.
B. 
The cutting of the hair.
C. 
Styling of hairpieces or wigs.
D. 
Singeing, shampooing, dyeing, coloring or styling of the hair.
E. 
The application of cosmetic preparations, hair tonics, antiseptics, powders, oils, clays, creams or lotions.
F. 
Giving facial and scalp massage or the application of oils, creams, lotions or other preparations, either by hand or mechanical appliances.
BARBERSHOP
Any establishment engaged in the practice of barbering for the public.
DIRECTOR OF HEALTH
The Director of Health of the City of West Haven, or the Director's authorized representative, pursuant to Section 19a-231 of the Connecticut General Statutes and this chapter.
DISINFECTANT
An Environmental Protection Agency (EPA) registered product with demonstrated bactericidal, virucidal and fungicidal activity used in accordance with manufacturer's instruction.
FEE SCHEDULE
The permit and associated fees adopted by the West Haven Health Department and the West Haven City Council.
HAIRDRESSER/COSMETICIAN
A person licensed pursuant to Chapter 387 of the Connecticut General Statutes.
HAIRDRESSING and COSMETOLOGY
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.
A. 
Dressing, arranging, curling, waving, weaving, cutting, singeing, relaxing/straightening, bleaching and coloring hair.
B. 
Treating the scalp, face, neck and arms by massaging, cleansing, exercising, stimulating or manipulating, with the hands, mechanical appliances, or water.
C. 
Application of cosmetics, preparations, antiseptics, tonics, lotions, creams, powders, oils, clays, sprays, or any product pertaining to the skin.
D. 
Manicuring fingernails of the hand and, for cosmetic purposes only, trimming, filing and painting the healthy toenails of the feet, excluding cutting nail beds, corns, calluses, or other medical treatment involving the foot or ankle.
HAIRDRESSING OR COSMETOLOGY SHOP
Any establishment engaged in the practice of hairdressing, cosmetology, or barbering for the public.
MOBILE WORK STATION
A modular space which can be used for multiple purposes through the use of mobile equipment; for example, off-premises temporary events.
NAIL TECHNICIAN
A person who, for compensation, cuts, shapes, polishes or enhances the appearance of the nails of the hands, including, but not limited to, the application and removal of sculptured or artificial nails.
OPERATOR
Any person, including, but not limited to, a licensed hairdresser/cosmetician or barber, or unlicensed person who is performing tasks allowed under the scope of this chapter.
OTHER SERVICES
The following described practices can be performed by an unlicensed individual under the supervision of a licensed hairdresser/cosmetician in the State of Connecticut:
A. 
Manicuring nails of the hands.
B. 
Performing facials.
C. 
Shampooing of the hair.
D. 
Eyebrow arching.
E. 
Braiding hair.
OWNER
A person who owns an establishment and is responsible for upholding the regulations of this chapter in all areas of the establishment, including rented and leased work areas and stations.
PERSON IN CHARGE
The individual present in the salon that is the apparent supervisor 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.
SALON
Includes any shop, store, day spa or other commercial establishment at which the practice of barbering, as described in Section 20-234 C.G.S., hairdressing and cosmetology, as defined in Section 20-250 C.G.S., or the services of a nail technician, or any combination thereof, is offered and provided.
SANITARY CONDITIONS
Safe and clean shop/salon conditions that prevent the spread of communicable diseases and protect the public health and welfare.
SANITIZE
Effective antibacterial treatment by a process that provides sufficient concentration of chemicals for enough time to reduce the bacteria count, including pathogens, to a safe level on equipment.
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.
A. 
Once a year, pursuant to Section 19a-231 C.G.S., 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, and shall make as many additional inspections as necessary for the enforcement of this chapter. If any salon, upon such inspection, is found to be in an unsanitary condition, the Director of Health shall make written order that such salon be placed in a sanitary condition.
B. 
If reinspections after the two-week follow up period are necessary for the enforcement of this chapter, there shall be charged a fee of $75 per inspection. A fee of $100 will be issued if a second reinspection is required.
A. 
No barbershop, hairdressing and/or cosmetology shop having a permanent location shall be relocated, constructed, remodeled or extensively altered, nor shall a structure be converted to use as a barbershop or hairdressing and/or cosmetology shop, except in accordance with plans and specifications approved by the West Haven Health Department, the West Haven Building Department, and the West Haven Fire Departments. There will be a plan review fee of $100.
B. 
Prior to the opening of a barbershop, hairdressing and/or cosmetology shop, the Director of Health, or authorized representative, the Fire Marshal, and the Building Official shall conduct pre-operational inspections to determine compliance with the approved plans and specifications and with the requirements of this chapter and applicable state laws and regulations.
A. 
No person shall maintain or operate any barbershop or hairdressing and/or cosmetology shop without having a valid permit 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 a certificate.
B. 
Registration of any business covered by this chapter shall be made on a registration form furnished by the Director of Health, wherein the shop operator 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/her signature to the form. All certificates are valid for one year and are renewable 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, hairdressing shop or nail salon unless he/she has an operator who holds a current license by the State of Connecticut as a barber or hairdresser/cosmetician for at least two years.
D. 
Every applicant for a permit to operate a barbershop, hair salon, cosmetology shop and nail salon in West Haven shall pay an initial application fee of $50 and an annual permit fee as determined by the West Haven Health Director and the West Haven City Council. The annual permit fee for the operation of a barbershop, hair salon, cosmetology shop or nail salon shall be $100 for shops or salons with one up to five work stations, $150 for shops and salons with five work stations up to 10 and $200 for shops and salons with more than 10.
E. 
No permit shall be issued or renewed until a completed registration form has been submitted, the inspection fee has been paid and the applicant's barbershop or hairdressing and/or cosmetology shop meets the requirements set forth in this chapter and all other applicable state and local laws and regulations.
F. 
A permit shall be valid until the expiration date indicated on the certificate 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. 
A permit shall not be transferable from person to person or 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 barbershop or hairdressing and/or cosmetology shop for the purpose of making inspections to determine compliance with this chapter.
I. 
A temporary permit to provide barbershop or hairdressing/cosmetology services may be granted for a period not to exceed 14 calendar days. A temporary permit would be required for conducting a public demonstration, a fund-raising event or a public convention.
A. 
Failure to comply with the provisions of this chapter and applicable state regulations shall be grounds for revocation or suspension of any certificate issued under the provisions of this chapter.
B. 
In the event that the Director of Health finds unsanitary conditions in the operation of a barbershop or hairdressing and/or cosmetology shop, 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.
C. 
The Director of Health may suspend, without warning, prior notice or hearing, any permit to operate a barbershop or hairdressing and/or cosmetology shop:
(1) 
If the operation constitutes an imminent hazard to public health; or
(2) 
If the owner, operator or person in charge has interfered with the performance of the duties of the Director of Health or his or her authorized representative.
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;
(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 cosmetology 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 the suspended permit from the premises.
F. 
When the 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 two business days. 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 72 hours of the making of such decision, appeal to the Board of Public Health which 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 an 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 chapter, 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 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 within 48 hours of such notice, the revocation or nonrenewal becomes final. The Director of Health shall remove a revoked permit from the premises at the end of 10 calendar days.
A. 
Suspension. Whenever a permit has been suspended, the holder of the suspended permit may make written request for permit reinstatement within two business days. 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 chapter and the State Public Health Code or applicable state regulations and laws, 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 Board of Public Health shall conduct the hearings provided for in this chapter at a time and place designated by such Board. The Director of Health shall summarize the actions and proceedings leading to such hearings and provide the Board with sufficient copies of such action and proceedings. The Board of Public Health shall make a final finding based on the complete record and shall sustain, modify or rescind any notice or order considered in the hearing. It 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 chapter 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.
A. 
Water supply. An adequate supply of hot and cold running water, at proper temperatures, from a municipal or approved private source, shall be provided for service for customers, cleanliness of employees and for washing floors, walls, ceiling and equipment.
B. 
Hot water at any faucet shall not exceed 110° F.
C. 
Waste disposal. Wastewater from all plumbing fixtures shall be discharged into municipal sewers, otherwise, suitable facilities shall be installed for the absorption of the wastes by the soil in subsurface sewage disposal systems in accordance with provisions of the Public Health Code of the State of Connecticut and the West Haven Health Department.
D. 
Plumbing fixtures for building enforcement.
(1) 
Plumbing fixtures shall be of impervious material and of a type which is easily cleanable. They shall be free from cracks and from parts which are not readily accessible for cleaning. They shall be of a type which does not constitute a hazard to a public water supply through back siphonage or cross-connection.
(2) 
All plumbing installation and fixtures shall conform to applicable building and plumbing codes.
(3) 
A utility sink shall be provided for proper cleaning of surfaces and equipment.
(4) 
At least one handwash facility shall be located in private facial rooms to provide for proper handwashing before each customer.
(5) 
A utility sink must be provided for cleaning the facility, except when an establishment has been constructed or altered pursuant to plans and specifications.
E. 
Floors. Floors shall be nonporous and of such construction as to be easily cleaned. Floors where tinting or shampooing is done, or where chemicals for bleaching hair are used, shall have hard and washable surfaces. Floors shall be kept clean and in good repair. If carpeting or similar material is used for floor covering, it shall be of a light color with a single loop pile of not more than 1/4 inch in height. Such floor covering shall be kept clean by vacuuming at least daily and shampooing at least once annually and more frequently if the covering is not clean.
F. 
Lighting for Building Department. Lighting fixtures shall be in sufficient number and properly placed so as to provide adequate illumination.
G. 
Ventilation. The shop shall be properly and adequately ventilated so as to remove excess heat and odors. Salon ventilation shall comply with state and local building codes and ordinances.
H. 
Cabinets. Cabinets shall be provided for storage of clean linen, towels, blankets and gowns. They shall have tight-fitting doors that shall be kept closed to protect the linen, towels, blankets and gowns from dust and dirt.
I. 
Receptacle for used towels and gowns. A covered receptacle, which can be readily emptied and cleansed, shall be provided and maintained in a sanitary manner. Chemically soiled towels and linens shall be stored in fire-retardant containers.
J. 
Refuse. Covered containers for hair droppings, paper and other waste material shall be provided and maintained in a sanitary manner.
K. 
Toilet facilities.
(1) 
Adequate toilet facilities and handwash sinks must be provided for customers and employees. Such facilities and washbasins shall be kept clean and in working order.
(2) 
Adequate and conveniently located handwashing facilities shall be provided with hot and cold running water, a sanitary soap dispenser and single-use towels for customers and employees.
(3) 
The use of common soap for more than one person is prohibited.
(4) 
A covered refuse receptacle shall be provided in the ladies' room.
L. 
Work stations.
(1) 
All products not stored in the original container must be clearly labeled at all stations.
(2) 
A container with a sufficient amount of disinfectant, such as Barbicide, shall be located within easy access of all nail and pedicure stations. Hair salons may keep a container of disinfectant for brushes or combs at their stations or near the utility sink.
M. 
Other: for nail salons.
(1) 
Material Safety Data Sheets (MSDS) shall be made available to the Director of Health, or his or her authorized representative, upon request.
N. 
Barbershop or hairdressing and/or cosmetology shop in residence.
(1) 
A barbershop or hairdressing and/or cosmetology shop located in a residence must be confined to a separate room, separated with ceiling-high partitions and provided with a door to be closed at all times.
(2) 
The area within a home operated as a barbershop or hairdressing and/or cosmetology shop must be equipped with the facilities and instruments required in all such establishments.
A. 
General cleanliness.
(1) 
The owner/manager of every barbershop or hairdressing and/or cosmetology shop shall keep it in a clean and sanitary condition at all times.
(2) 
No hair droppings shall be allowed to accumulate on floors. Hair droppings shall be removed frequently and as soon as possible, in such a manner as not to cause objectionable conditions.
B. 
Walls, ceiling and fixtures.
(1) 
Ceilings shall be kept in good repair, and cracks in walls, especially around baseboards, shall be filled in so as to prevent the harboring and breeding of insects.
(2) 
Cabinets, shelves, furniture, shampoo bowls and fixtures shall be kept clean and free of dust, dirt and hair droppings. Arms, seats and rests of chairs shall be wiped of hair droppings after serving each customer.
C. 
Sanitary services.
(1) 
No person affected with any infectious disease shall be attended.
(2) 
A towel shall not be used for more than one person without being properly laundered before each use.
(3) 
A sanitary paper strip or clean towel shall be placed completely around the neck of each customer before an apron or any other protective device is fastened around the neck.
(4) 
Clean towels shall be delivered in a closed container and kept in a clean, closed cabinet or closet. A commercial linen service shall be used for laundering if not done on the premises.
(5) 
A sanitizing agent shall be used when washing towels and linens on the premises.
(6) 
A commercial laundry service or laundromat shall be used for laundering if not done on the premises. Clean towels shall be delivered in a closed container and kept in a clean cabinet or closet. A copy of the laundering bill shall be made available to the health inspector upon request. Washing and/or drying of towels in one's private home is prohibited.
D. 
Disinfection of hair implements.
(1) 
Hair brushes, combs and all other implements used on a customer shall be kept clean and sanitary at all times and shall undergo thorough cleansing and sanitizing after serving each customer, or single-service disposable implements shall be used.
(2) 
Cleaned and sanitized implements shall be stored in sanitary-covered containers which shall contain a disinfectant, or in a clean drawer.
(3) 
Disposable and single-use equipment.
(a) 
Single-service towels, papers and other material shall be disposed of in the proper receptacle immediately after use and shall not be used again.
(b) 
All disposable materials that come into contact with blood and/or body fluids shall be enclosed in a covered waste receptacle.
(c) 
All sharp or pointed articles shall be disposed of in a puncture-proof container.
(4) 
Electric clippers detachable head-type.
(a) 
Detach blades.
(b) 
Clean thoroughly.
(c) 
Immerse in effective sanitizer for required time.
(5) 
Electric clippers, nondetachable head-type.
(a) 
Place covered shallow glass jar at work shelf opposite every barber chair.
(b) 
After use, brush out excess hair and grease; wipe cutting blades clean.
(c) 
Immerse blade in combination lubricant-sanitizer, run clipper while immersed for 10 seconds.
(d) 
Remove clipper and allow blades to drain for 10 minutes on a clean towel or tissue, preferably in a cabinet reserved for tools already disinfected and ready for use. Wipe blades clean with a fresh disposable tissue.
E. 
Disinfection of foot spas and waterbaths.
(1) 
After each client, pedicure basins shall be cleaned in the following manner:
(a) 
Scrub the basin using warm water, detergent or soap, and a scrub brush.
(b) 
Rinse thoroughly with warm water.
(c) 
Spray with an EPA-approved disinfectant, e.g., Barbicide or Clorox solution.
(d) 
Let stand for 10 minutes or according to product directions.
(e) 
Rinse thoroughly with warm water.
(2) 
At the end of each day, the pedicure basins shall be cleaned in the following manner:
(a) 
Remove screen and all debris trapped behind screen (each establishment must have the proper tool to remove the screen).
(b) 
Scrub screen with a brush using warm water and detergent or soap, then immerse screen in an EPA-approved disinfectant with demonstrated bactericidal, fungicidal and virucidal activity.
(c) 
Wash and scrub pedicure basin with warm water and detergent or soap, then rinse.
(d) 
Fill pedicure bowl with warm water and add eight ounces of Barbicide for each gallon of water that the pedicure bowl holds, or one teaspoon 5.25% bleach per gallon of water. Example: two gallons of water plus 16 ounces of Barbicide.
(e) 
Turn on pedicure whirlpool jets.
(f) 
Let whirlpool jets run for a minimum of 10 minutes.
(g) 
Rinse unit thoroughly with clean water and drain.
(3) 
Twice weekly.
(a) 
After routine cleaning, completely fill the pedicure basin with warm water and one teaspoon 5.25% bleach per one gallon of water, or eight ounces of Barbicide per gallon of water.
(b) 
Flush the spa system with the sanitizing solution for 10 to 15 minutes.
(c) 
Turn jets off and let solution stand for six to eight hours, or overnight.
(d) 
Drain.
(e) 
Thoroughly flush system with clean water and dry with a clean towel prior to use.
F. 
Prohibited equipment and products.
(1) 
A lancet or any other device used to break the skin.
(2) 
A razor blade (Credo blade) callus shaver.
(3) 
Shaving brushes, shaving mugs, and brush neck dusters.
(4) 
Any substance banned by the Food and Drug Administration, including liquid methyl methacrylate monomer (MMA) and methylene chloride.
(5) 
Ultraviolet disinfection.
(6) 
Formalin sanitizers.
G. 
Foods and beverages. Foods and beverages shall not be prepared, stored or sold in the permitted premises, except with a valid food permit from the West Haven Health Department. Coffee and tea may be prepared and kept for the convenience of employees and patrons, but no charge is to be made to patrons who are served. Food and nonalcoholic beverages may, however, be brought into the permitted premises, from an approved source, for immediate consumption and also may be dispensed by means of automatic vending machines on the premises.
H. 
Animals, pets or live birds. No animals, pets or live birds shall be kept in any barbershop or hairdressing and/or cosmetology shop. This prohibition does not apply to trained guide dogs (or dogs in training) for the disabled, sightless or hearing impaired.
A. 
Cleanliness of operators. The hands of the operator shall be thoroughly washed with soap and warm water before serving each customer and immediately after using the toilet, or after eating.
B. 
Health of operators. No person known to be affected with any communicable disease in an infectious stage shall engage in barbering, hairdressing or cosmetology, and no person so affected shall be employed as a barber, hairdresser or cosmetician.
C. 
Operators shall not eat or drink while providing services to a customer.
No operator shall smoke while providing services to a customer.
Operators shall wear, while attending to any customer in a barbershop or hairdressing or cosmetology shop, clean, washable garments.
The following chemical methods constitute satisfactory sanitization of implements. No method is considered effective without prior thorough cleaning with detergent (soap, trisodium phosphate, etc.).
A. 
Quatemary ammonium compounds 1:16 dilution times 10 minutes. Example: Barbicide.
B. 
Alcohol (three minutes): 70% alcohol or 99% isopropyl, 20 to 30 minutes.
C. 
Lubricant sanitizer (ten-second contact time, ten-minute drain time): recommended for electric clippers.
D. 
Bleach: 1:10 dilution times 10 minutes or 1/4 cup per gallon of water.
E. 
Lysol, compound cresol solution, phenol compound (5% solution for three minutes or 2% solution for 10 minutes).
F. 
Antimicrobial additive. (See manufacturer's instructions.)
G. 
Boiling water (five minutes).
H. 
Autoclave. (See manufacturer's instructions.)