[HISTORY: Adopted by the Board of Selectmen of the Town of
Salem 6-24-1991 (Ch. 221 of the 1995 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A person who has submitted to the Salem Health Division an
application for license pursuant to this chapter.
[Amended by the Board of Selectmen 11-2-2015]
An allied health professional who has successfully completed
and met the athletic training curriculum requirements of an approved
college or university and is able to provide proof of graduation.
The athletic trainer carries out the practice of prevention, physical
rehabilitation, or both, of injuries incurred by participating athletes
at his educational institution, professional athletic organization
or other bona fide athletic organization. The athletic trainer shall
meet any present or future qualification requirements established
by the Town of Salem and State of New Hampshire.
The Salem Board of Health or its duly appointed agent.
The receipt of:
A person to whom a license has been issued pursuant to this
chapter.
To instill a system of activity in the muscular structure
of the human body by applying, to the human body, pressure, friction,
rolling, stroking, tapping, kneading, cupping, petrissage, rubbing,
effleurage, tapotement, or vibration, by manual or mechanical means,
and with or without appliances or external baths, for any purpose,
including but not limited to improving muscle tone and circulation,
body contouring, or maintaining good health or physical condition.
The term includes but is not limited to oil rubs, salt glows, hot
or cold packs, steam baths, cabinet baths, sauna baths, and sitz baths.
The term shall not include colon irrigation.
A place licensed by the Salem Board of Health under this
chapter and RSA 328-B and RSA 328-H where massage is performed for
compensation. A massage practitioner may visit a client's private
residence for the purpose of conducting a massage so long as no more
than one client is serviced during the visit at any one time.
[Amended by the Board of Selectmen 5-21-2018]
A licensed individual who performs massage for compensation
in a licensed massage establishment or a client's residence as provided
in this chapter and RSA 328-B and RSA 328-H and who has certified
proof of completion of massage training in a recognized school.
[Amended by the Board of Selectmen 5-21-2018]
A person who massages or teaches other persons how to massage.
Must meet all the requirements of this chapter and RSA 328-B and RSA
328-H.
[Amended by the Board of Selectmen 5-21-2018]
Any school or institution of learning which has for its purpose
the teaching of the theory and practice, the method or work of massage,
including anatomy, physiology, hygiene, and professional ethics, and
which is either licensed by the agency designated in RSA 21-N:8-a
or certified by the American Massage Therapy Association.
[Amended by the Board of Selectmen 11-2-2015]
[Amended by the Board of Selectmen 4-5-2021]
This chapter is adopted pursuant to RSA 147:1 for the purpose
of preserving the health, morals and general welfare of the Town of
Salem and particularly to prevent an influx of patrons at massage
establishments which would be detrimental to the public health, property
values, commerce, reputation, atmosphere and land use planning goals
of the Town of Salem.
A.
This chapter shall not be construed so as to require a person who
is licensed by this state pursuant to any Revised Statutes Annotated
other than RSA 328-B and RSA 328-H, or any person employed by such
a licensee to assist that licensee in the performance or pursuit of
the occupation so licensed, to obtain a license pursuant to this chapter
to do any act authorized to such a licensee, or such licensee's assistant,
by those other chapters, or to subject such licensees to regulations
under this chapter by reason of the doing of any such act.
[Amended by the Board of Selectmen 5-21-2018]
B.
This chapter shall not apply to athletic trainers as defined in this
chapter, to the extent that they are performing bona fide training
services for an athletic team located or training within the Town
of Salem.
C.
This chapter shall not apply to bona fide schools, hospitals, nursing
homes, convalescent homes and other similar institutions and employees
thereof.
[Amended by the Board of Selectmen 5-21-2018; 4-5-2021]
No firm, corporation or person shall maintain an establishment
for the giving of massages or vapor, pool, shower or other baths for
compensation or advertise or hold the establishment out as being engaged
in the business of massage or giving of such baths without meeting
all the licensing provisions of this chapter and of RSA 328-B and
RSA 328-H and any subsequent changes made to any of these chapters
and regulations.
The license application shall be made to the Salem Board of
Health on an application furnished by the Board. The application shall
set forth the following information and such other information as
the Board of Health deems necessary in order to maintain the public
health:
A.
The number of persons employed by the owner at the establishment.
B.
The names, addresses and telephone numbers of the manager of the
establishment and persons giving massages or baths.
C.
Such evidence of training and/or experience on the part of the owner
or manager in giving massages or baths as the Board of Health deems
necessary. Proof of a current, valid individual license issued by
the State of New Hampshire Office of Professional Licensure and Certification
pursuant to RSA 328-B ("individual NH license") for every individual
working as a massage therapist practitioner at the establishment.
No license shall be granted to any establishment without an individual
NH licensed massage practitioner on site to administer such massage
therapy. Every establishment owner is responsible for providing an
updated individual NH license when a new employee is hired that requires
an individual NH license or when a current employee's individual
NH license expires
[Amended 4-5-2021]
D.
The names, dates of birth, and addresses of all corporate stockholders,
officers, and directors, if the applicant is a corporation, and the
names, ages and addresses of owners if the applicant is not a corporation.
If changes in the above occur prior to the expiration of the license,
such changes, together with the requisite information, shall be reported
in written form to the Board of Health within 14 days. If ownership
of 50% or more of the application is transferred, the license will
terminate at such time.
E.
Other information as requested on the application form.
A.
Each license shall be in effect April 1 to March 31. Applicants will
be notified of renewal within 30 days prior to due date.
B.
No license will be issued to an applicant if the applicant or, where
the applicant is a corporation, if any of the directors or officers
of the corporation or, if the applicant is a partnership or other
business entity, if any of the principals or officers of the applicant
have been convicted in this or any other state of a felony, or a sexually
related crime, or a crime involving moral turpitude within 10 years
immediately preceding the date of application, the record of which
has not been annulled by a court.
C.
No license is transferable.
D.
The license must be displayed in a conspicuous location on the premises.
E.
No firm, corporation or person shall operate under any name or conduct
business under any designation except that specified in the license.
F.
A licensee must notify the Board of Health prior to any change of
address.
Any firm, corporation, or person maintaining an establishment
for giving massages or vapor, pool, shower or other baths for compensation
must maintain and operate such establishment as follows:
A.
The total massage establishment, including appliances and apparatus,
shall be maintained in a clean and sanitary condition at all times.
B.
All employees and massage practitioners shall be modestly attired.
C.
Individual clean sheets and towels shall be provided for each patron
to lie on during massage, and the patron's body shall be covered appropriately
except for the portion being subject to massage.
D.
Single-service disposal items shall be utilized if washable sheets
and towels are not used.
E.
Wet and dry heat rooms, shower compartments and toilet rooms shall
be thoroughly cleaned each day the business is in operation. Bathtubs
shall be thoroughly cleaned after each use.
F.
Massage as defined in this chapter and in RSA 328-B and RSA 328-B:1
shall be performed in a private one-room cubicle, booth or area within
the establishment.
G.
No alcoholic beverage or drugs shall be displayed, served, ingested,
or sold on the premises of a massage establishment. No food shall
be sold on the premises.
H.
A supply of hot and cold running water shall be available at all times during hours of operation. The waste disposal system shall be in compliance with Chapter 391, Sewage Disposal, Article I, or Chapter 398, Sewer Use, of this Code and all applicable New Hampshire Department of Environmental Services regulations.
[Amended by the Board of Selectmen 11-2-2015]
I.
Massage practitioners shall thoroughly cleanse their hands by washing
them immediately before and after each massage.
J.
Mechanical apparatus, such as heat lamps, hot and cold packs, tubs,
special showers, cabinet baths, steam or dry heat baths, shall be
utilized only by and under the constant, direct personal supervision
of a licensed massage practitioner.
K.
All equipment and materials utilized by massage practitioners shall
be in safe and sanitary condition and maintained and operated to eliminate
any danger or hazard to patron or practitioner.
L.
No part of a precusser, vibrator, or other device (mechanical or
otherwise) which cannot be sterilized or sanitized shall be applied
directly to the skin of the patron, and the part of the body administered
to shall be covered with a clean towel or napkin or else the device
shall be covered in a similar manner.
M.
Each massage establishment shall maintain a daily register identifying
all patrons, hours of arrival, and the massage practitioner rendering
services. The register shall be available at all times during business
hours and subject to inspection by the Health Officer, Police Chief
or their duly appointed agents and shall be kept on file for a minimum
of one year.
N.
Adverse reactions and accidents shall be recorded in the daily register
and the Health Division shall be notified.
[Amended by the Board of Selectmen 11-2-2015]
O.
No patron who may be suspected of possibly having an infectious or
contagious or communicable disease particularly of the body surfaces
shall be provided with any service unless such patron shall have furnished
a certificate from a licensed physician that the disease is not of
transmissible nature.
P.
Massage practitioners shall not diagnose or treat classified diseases,
practice spinal manipulation, or prescribe medications of any kind.
Q.
Colon irrigation and/or hydrotherapy shall be prohibited.
R.
Temperatures of water baths, of any type, shall not exceed 105°
F., and patrons shall not be subjected to exposures of more than 30
minutes at any one treatment period.
S.
Dry heat cabinet shall not exceed 185° F., and patrons shall
not be subjected to exposures of more than 30 minutes at any one treatment
period.
T.
Steam cabinet temperature shall not exceed 110° F., and patrons
shall not be subjected to exposures of more than 30 minutes' duration
at any one treatment period.
U.
Each treatment room shall be properly lighted so that visual observation
of the room is permitted, well ventilated and properly heated. At
least one artificial light of not less than 580 lumens shall be lighted
in each room at all times that the establishment is open.
V.
Toilet and washing facilities shall be readily available to patrons
and afford sufficient privacy. Male and female facilities shall be
separate.
W.
The building in which the establishment is located must meet all
requirements of local, state, and federal laws, ordinances and regulations.
X.
No establishment shall operate earlier than 9:00 a.m. or later than
11:00 p.m.
Y.
All main entrance doors and doors to all treatment rooms shall remain
unlocked during normal business hours.
[Amended by the Board of Selectmen 11-2-2015; 4-5-2021]
No person shall practice massage or give baths in an establishment
for giving massages or vapor, pool, shower or other baths unless such
person has proof of a current, valid individual NH license. Establishments,
and their employees, are responsible for providing updated individual
NH licenses when a new employee is hired that requires an individual
NH license or when a current employee's individual NH license
expires.
The Board of Health or its agents may inspect an establishment
at any time that the establishment is open for business or at any
other reasonable time without prior notification to the establishment.
The Board of Health or its duly appointed agent may suspend
or rescind any license granted hereunder for violation of any provision
of this chapter or for any other good cause. Any firm, corporation
or person whose license has been suspended or revoked may request,
in writing, a hearing within 10 days of such suspension or rescission.
In such event, the Board of Health shall schedule a hearing which,
if the licensee requests, shall be held not later than three days
after receipt of the request in writing for such hearing.
[Added by the Board of Selectmen 11-2-2015]
License fees, as adopted by the Board of Selectmen, are on file
with the Health Division and on the Town of Salem website.[1]
[1]
Editor's Note: Original § 221-10 of the 1995 Code,
Actions for enforcement; violations and penalties, which immediately
followed this section, was repealed by the Board of Selectmen 11-2-2015.
[Amended by the Board of Selectmen 11-2-2015; 4-5-2021]
The Board of Health may seek whatever legal redress it deems
appropriate in the courts of the State of New Hampshire in the enforcement
of this chapter. Whoever violates any provision of this chapter shall
be subject to fines and fees equal to the maximum penalty allowed
pursuant to RSA 147, for each offense, to inure to the general fund
of the Town of Salem, and in addition may be enjoined from violating
the provisions of this chapter. Each day on which a violation of this
chapter exists shall be considered a separate offense.
[Amended by the Board of Selectmen 4-5-2021[1]]
This chapter shall not apply to:
A.
Physicians, physical therapists, chiropodists, podiatrists and chiropractors,
if registered or licensed under the statutes of the State of New Hampshire.
B.
Barbers, hairdressers, beauticians and apprentices, operators and
students in such occupations, if registered or licensed under the
statutes of the State of New Hampshire, insofar as such persons perform
facial or scalp massages.
C.
Bona fide schools, hospitals, nursing homes, convalescent homes and
other similar institutions, and employees thereof.
[1]
Editor's Note: This ordinance also repealed the former Art.
II, Massage Establishment Restrictions, designation and repealed former
§ 329-13, Statutory authority; purpose.
[Amended by the Board of Selectmen 4-5-2021]
No firm, corporation, or person shall maintain or conduct an
establishment for the giving of massages for hire or reward or advertise
or hold the establishment out as being engaged in the business of
massage in the Town of Salem without satisfying the provisions of
this chapter.[1]
This chapter shall not be construed as repealing any other ordinance,
bylaw or regulation of the Town of Salem. In the event that any section,
paragraph, sentence, clause or phrase of this chapter shall be deemed
invalid, either in general or as applied to a particular case, all
other ordinances, bylaws or regulations of the Town of Salem, including
the remaining provisions of this chapter, and particularly the Salem
Board of Health regulations for the operation of massage parlors,
shall be applicable and shall be enforced.
