[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:
The person designated by the Director of Health to act for
him or her in the performance of his or her duties.
A person licensed pursuant to Chapter 386 of the General
Statutes of the State of Connecticut.
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:
Shaving or trimming of the beard.
The cutting of the hair.
Styling of hairpieces or wigs.
Singeing, shampooing, dyeing, coloring 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 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.
An Environmental Protection Agency (EPA) registered product
with demonstrated bactericidal, virucidal and fungicidal activity
used in accordance with manufacturer's instruction.
The permit and associated fees adopted by the West Haven
Health Department and the West Haven City Council.
A person licensed pursuant to Chapter 387 of the Connecticut
General Statutes.
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,
relaxing/straightening, 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, sprays, or any product pertaining
to the skin.
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.
Any establishment engaged in the practice of hairdressing,
cosmetology, or barbering for the public.
A modular space which can be used for multiple purposes through
the use of mobile equipment; for example, off-premises temporary events.
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.
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.
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 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.
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.
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.
Safe and clean shop/salon conditions that prevent the spread
of communicable diseases and protect the public health and welfare.
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.
A separate room with more than one work station, or a private
room set aside to serve one customer at a time.
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.
[Amended 6-11-2018]
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:
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.
(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:
(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.)
