[HISTORY: Adopted by the Town Council of the Town of Wallingford 9-27-2022 by Ord. No. 646.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 173,
Salon Establishments, adopted 12-10-2013 by Ord. No. 592.
The purpose of this chapter is to define requirements for the
inspection, establishment standards, permit fees and penalties for
barbershops, hairdressing, cosmetology and nail salons, and tattoo/body-piercing
salons in the Town of Wallingford, in accordance with Connecticut
General Statutes Title 19a and § 20-234 et seq. and other
applicable law, as amended.
For the purpose of this chapter:
Includes any and all described practices permitted by state
law when performed by a barber licensed in the State of Connecticut
upon the head, face, scalp or neck for cosmetic purposes only.
Any establishment engaged in the practice of barbering for
the public.
Involves the puncturing of an area on the body, such as the
navel area, eyebrows, nose, tongue, lips, nipples and genital regions,
but excluding the earlobe, so that a piece of decorative jewelry can
be inserted and worn.
A separate and discrete area, not a toilet facility, where
customers may change from their street clothes to a gown prior to
receiving services.
The Director of Health of the Town of Wallingford or his
or her authorized agent.
To use a chemical or physical process to destroy harmful
organisms, including bacteria, viruses, germs, and fungi.
Any premises, building, or part of a building, such as a
day spa or similar business, engaged in the practice of any barbering,
hairdressing, cosmetology, esthetics, eyelash services, nail technician
services, tattoo, permanent make-up or body-piercing activity for
the public. The terms "establishment" and "salon" shall be used interchangeably.
Includes any and all described skin care treatment practices
permitted by State law when performed by a licensed individual.
A person who, for compensation, performs eyelash extensions,
lifts or perms, eyelash color tints or any and all practices permitted
by state law by licensed individuals.
Includes any and all described practices permitted by state
law when performed by a licensed individual upon the head, face, scalp,
arms, hands, body, legs and feet for cosmetic purposes only.
A person who follows an independent trade, business, or profession
in which he or she offers his or her services to the public. They
are generally not employees of the company and perform services for
another person under an expressed or implied agreement.
A person who, for compensation, cuts, shapes, polishes or
enhances the appearance of the nails of the hands or feet, 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, independent contractor, or unlicensed person who is performing
tasks allowed under the scope of this Code and the Connecticut General
Statutes.
The person who applies and is granted a permit to operate
and provide the services of barbershop, hair dressing, cosmetology,
nail salon, tattoo, permanent make-up, body-piercing, esthetics or
eyelash services establishment in the Town of Wallingford.
Consists of a shampoo sink (used for no other purpose) with
hot and cold running water and a shampoo chair.
A person who practices tattooing on another person and shall
include any and all described practices permitted by state law performed
by a tattoo artist/technician licensed in the State of Connecticut.
Any equipment used in the application of ink to the skin,
including permanent cosmetics.
Injecting the skin with a permanent dye or ink.
A separate room with one or more work stations, 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.Â
A plan review application and layout design plan must be completed
and submitted to the Health Department for review and approval prior
to opening a new salon or the remodeling or alteration of an existing
salon.
B.Â
Prior to the salon's opening, the Director of Health, or authorized
agent, shall conduct a pre operational inspection to determine compliance
with the approved plans and with the requirements of this Code and
the Public Health Code of the State of Connecticut.
C.Â
The permit holder must obtain a certificate of occupancy (CO) from
the Building Department, and zoning approval from the Planning and
Zoning Department, if applicable, prior to Health Department permit
issuance.
A.Â
No establishment shall operate without a valid permit issued by the
Director of Health. Only an establishment that complies with the requirements
of this Code and all other applicable regulations, statutes and local
ordinances shall be entitled to receive or retain such permit.
B.Â
Applications for a permit or permit renewal shall be made on the
appropriate forms furnished by the Director of Health. Permits are
not transferable from owner to owner or from location to location.
A.Â
All permits are valid for one year, or a portion thereof, and are
renewable on or before March 1, of each year. Permit fees shall not
be prorated.
B.Â
The Director of Health, or authorized agent, after proper identification,
shall be permitted to enter, during normal operating hours, any portion
of any salon or establishment for the purpose of conducting inspections
to determine compliance with this Code and the Public Health Code
of the State of Connecticut.
C.Â
The Health Department permit must be posted at the entrance of the
establishment.
D.Â
The establishment must keep a copy of licenses for all employees
performing services that require a Connecticut state license posted
at the work station or at the front desk.
F.Â
Enforcement interpretation. This chapter shall be enforced by the
Director of Health and his/her authorized agent(s).
G.Â
Penalties. Any person who operates an establishment without a valid
permit shall be subject to monetary penalty of $200 per day and further
legal action as provided in Connecticut General Statutes § 19a-230.
Each day that such violation continues shall constitute a separate
and distinct violation.
A.Â
The Director of Health, or an authorized agent, shall conduct an
annual inspection of each establishment permitted as a barbershop,
hairdressing, esthetics, eyelashes or cosmetology establishment and
shall make as many additional inspections as are necessary for the
enforcement of this Code and the Public Health Code of the State of
Connecticut.
B.Â
The Director of Health, or an authorized agent, shall conduct biannual
inspections of each establishment permitted as a tattoo, body-piercing
and nail salon and shall make as many additional inspections as are
necessary for the enforcement of this Code and the Public Health Code
of the State of Connecticut.
A.Â
Failure to comply with the provisions of this Code and applicable
state regulations shall be grounds for suspension of any permit issued
under the provisions of this chapter.
B.Â
In the event that the Director of Health, or authorized agent, finds
unsanitary conditions in the operation of an establishment, the Director
of Health may issue an order to correct to the permit holder, 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 suspended.
C.Â
The Director of Health may suspend, without warning, prior notice
or hearing, any permit to operate a salon if:
(1)Â
The operation constitutes an imminent hazard to public health; or
(2)Â
The owner, operator or person in charge has interfered with the performance
of the Director of Health's duties, such as prohibiting access
to conduct an inspection; or
(3)Â
There is an unsupervised and unlicensed individual performing procedures
requiring licensure by the State of Connecticut.
D.Â
An imminent health hazard shall include, but is not limited to, any
one of the following:
(1)Â
An ongoing outbreak of an infectious, pathogenic or toxic agent capable
of being transmitted to clients; or
(2)Â
The absence of an approved sanitizer/disinfectant or evidence that
sanitizers/disinfectants are not being used properly to thoroughly
clean and sanitize equipment after each client; or
(3)Â
The absence of potable water, supplied under pressure, at adequate
temperature (105º F. to 115º F.) and quantity capable of
meeting the needs of the facility; or
(4)Â
A sewage backup into the facility.
E.Â
Suspension shall be effective immediately upon documentation of an
imminent public health hazard and/or interference with the Director
of Health or authorized agent in the performance of official duties.
A written order to cease and desist to the permit holder of the facility
from the Director of Health will follow within 24 hours. All operations
within the establishment shall cease immediately and shall not resume
until full compliance is verified and written approval to resume has
been issued by the Director of Health.
F.Â
Any permit holder who is aggrieved by such action of the Director
of Health may appeal the written order as provided in Connecticut
General Statutes § 19a-229. An appeal does not stay the
order.
A.Â
Revocation/nonrenewal of permit shall be effective immediately for
serious or repeated violations of any of the provisions of this Code,
or for cases where the permit to operate has been obtained through
nondisclosure, misrepresentation or intentional misstatement of a
material fact.
B.Â
The Director of Health shall notify the permit holder of the specific
reason(s) for such revocation or nonrenewal within 24 hours. All operations
within the establishment shall cease immediately. The permit holder
who is aggrieved by such action of the Director of Health may appeal
the written order as provided in Connecticut General Statutes § 19a-229.
An appeal does not stay the order.
C.Â
After a period of 30 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, fees and inspections will be required,
including a plan review, prior to the issuance of a new permit.
The Director of Health shall have the authority to adopt technical
standards and associated inspection procedures to assure proper sanitary
maintenance and safe operation of all establishments. Such standards
and inspection shall not contravene any of the provisions of this
chapter or any state or municipal laws, ordinances or regulations,
and may be amended or revised by the Director of Health. Failure of
an establishment to achieve and maintain minimum requirements of these
technical standards shall constitute a violation of this chapter.
A copy of the technical standards shall be available at the Health
Department. for review and copying.
