[HISTORY: Adopted by the Town Council of the Town of West
Hartford 9-27-2016. Amendments
noted where applicable.]
For the purposes of this chapter, certain words and terms used
herein are defined as follows:
A person licensed to perform advanced level nursing practice
activities pursuant to Subsection (C) of § 20-87a of the
Connecticut General Statutes.
Any individual designated by the Director of Health to enforce
the provisions of this chapter.
Any or all of those activities defined as part of the practice
of barbering pursuant to C.G.S. § 20-234, as that section
may be amended or recodified from time to time. At the time of adoption
of this chapter, said practices, when done upon the head, face and
neck for cosmetic purposes and done for the public, with or without
compensation therefor, include shaving or trimming the beard; cutting
hair; styling or cutting hairpieces and wigs; giving facial and scalp
massage or application of oils, creams, lotions or other preparations,
either by hand or mechanical appliances; singeing, shampooing or dyeing
the hair or applying hair tonic; and applying cosmetic preparations,
antiseptics, powders, oils, clays or lotions to scalp, face or neck;
provided nothing in this chapter shall permit any of the services
or acts herein described to be used for the treatment or cure of any
physical or mental disease or ailment.
Pathogenic microorganisms that are present in human blood
and can cause disease in humans. These pathogens include, but are
not limited to, Hepatitis B virus (HBV), Hepatitis C virus (HCV) and
human immunodeficiency virus (HIV).
Any or all of those activities defined as body piercing pursuant
to C.G.S. § 19a-92g, as that section may be amended or recodified
from time to time. At the time of adoption of this chapter, said practices
include piercing or creating a channel through any part of the body
other than the earlobe (i.e., lower portion of the auricle having
no cartilage) for the purpose of inserting a decorative object.
A disease or condition, the infectious agent of which may
pass or be carried directly or indirectly, from the body of one person
or animal to the body of another person or animal.
All references to the Connecticut General Statutes shall
mean as that statute may be amended or recodified from time to time.
The Director of Health of the West Hartford-Bloomfield Health
District or his or her designee.
An Environmental Protection Agency (EPA) registered product
with demonstrated bactericidal, virucidal and fungicidal activity
used in accordance with manufacturer's instructions.
The occurrence of cases of illness clearly in excess of normal
expectancy over a specific time period in a community, geographic
region, building or institution. The number of cases indicating an
epidemic may vary according to the causative agent, size and type
of population exposed, previous experience with the disease, and time
and place of occurrence. An outbreak of disease is an epidemic.
An inquiry into the incidence, distribution and source of
disease to determine its cause, means of prevention, and efficacy
of control measures.
The permit and associated fees established in the annual
fiscal year budget adopted by the Board of Directors of the West Hartford
Bloomfield Health District in accordance with the provisions of the
Connecticut General Statutes.
Any or all of those activities defined as hairdressing and
cosmetology pursuant to C.G.S. § 20-250. At the time of
adoption of this chapter, said practices include the art of dressing,
arranging, curling, waving, weaving, cutting, singeing, bleaching
and coloring the hair and treating the scalp of any person, and massaging,
cleansing, stimulating, manipulating, exercising or beautifying with
the use of the hands, appliances, cosmetic preparations, antiseptics,
tonics, lotions, creams, powders, oils or clays and doing similar
work on the face, neck and arms, and manicuring the fingernails and,
for cosmetic purposes only, trimming, filing and painting the healthy
toenails, excluding cutting nail beds, corns and calluses or other
medical treatment involving the foot or ankle, of any person for compensation,
provided nothing in this definition shall prohibit an unlicensed person
from performing facials, eyebrow arching, shampooing or braiding hair.
A form demonstrating the completion of a routine inspection
which is to be issued by the authorized agent.
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 performing barbering, hairdressing, cosmetology,
manicuring, tanning, tattoo and/or body piercing within a salon owned
by themself or another.
A person licensed to practice osteopathy pursuant to Chapter
370 of the Connecticut General Statutes.
A person who owns a salon and is responsible for upholding
the regulations of this chapter in all areas of the establishment,
including rented or leased work areas.
Piercing mucous membranes or the skin barrier through such
events as needle sticks, cuts or abrasions.
A person licensed to practice medicine and surgery pursuant
to Chapter 370 of the Connecticut General Statutes.
A person licensed pursuant to § 20-12b of the Connecticut
General Statutes.
A person licensed to practice nursing as that term is defined
in Subsection (a) of § 20-87a of the Connecticut General
Statutes.
Liquid or semiliquid or other potentially infectious materials;
contaminated items that would release blood or other potentially infectious
materials in a liquid or semiliquid state if compressed; items that
are caked with dried blood or other potentially infectious materials
and are capable of releasing those materials during handling; contaminated
sharps; and pathological and microbiological wastes containing blood
or other potentially infectious materials.
Any business, whether described as a shop, store, day spa,
kiosk or other commercial establishment, at which the practice of
barbering, hairdressing and cosmetology, or the services of a nail
technician, tanning, tattoo, body piercing or any combination thereof,
is offered and provided.
The process of destruction of all forms of microbial life
by physical or chemical means.
Sunless tanning through the use of chemical substances, including
spray tanning and air brush devices, in which the application of chemicals
to the skin produce an effect similar in appearance to a suntan.
A tanning device as defined in C.G.S. § 19a-232.
Any place where a tanning device is made available to patrons
for a fee, membership dues or other compensation.
The process of marking or coloring, in an indelible manner,
the skin of any person by pricking in coloring matter or by producing
scars.
A permit issued to conduct a public demonstration, fund-raising
event, public convention or other similar event for a period not to
exceed 14 days.
Any unsafe and/or unclean salon condition which promotes
the spread of infection, disease or other condition detrimental to
the public health and welfare.
An area set aside for the purpose of serving a customer,
such as a tanning device, tattooing or treatment room, barber or hairdressing
chair, including the associated countertop and floor space, including
any floor space used by the operator while serving the customer.
A.
Prior to establishing a new salon or renovating an existing salon,
the owner shall submit a completed application for plan review to
the Director of Health, together with the applicable fee.
B.
The application for plan review shall be accompanied by properly
prepared plans and specifications for the public health related aspects
of such construction, remodeling or conversion. The plans and specifications
shall include, but not be limited to:
C.
The Director of Health shall approve the plans and specifications
only if they meet the requirements of this chapter, the Connecticut
Public Health Code and all other applicable codes, regulations or
statutes.
D.
Prior to any salon opening and receiving a license, the Director
of Health shall conduct a preoperational inspection to determine compliance
with this section, the Connecticut General Statutes and the Connecticut
Public Health Code.
A.
It shall be unlawful for any owner to allow any activities regulated
under this chapter to occur within a salon within the Town of West
Hartford without a valid permit issued by the Director of Health.
B.
No permit shall be issued or renewed until:
(1)
A completed application has been submitted to the Director of Health;
(2)
The applicable fee has been paid;
(3)
If applicable, a plan review has been conducted and approved as required pursuant to § 145-2 and the Director of Health has physically inspected the salon to determine compliance with the approved plan; and
(4)
The salon meets the requirements set forth in this chapter and all
other applicable federal, state and local laws.
C.
Permits shall be valid for one year from the date of issue unless
suspended or revoked by the Director of Health or until such earlier
time as the salon changes ownership or ceases operation.
D.
Permits are not transferable between salon owners or salon locations.
E.
A valid salon permit and a State of Connecticut operator's license
for each operator working in the salon must be displayed in prominent
locations where they can be observed by patrons. Operators shall only
perform those services for which they hold valid State of Connecticut
licenses.
The fee schedule shall be determined by the West Hartford-Bloomfield
Health District Board of Directors. Fees shall be subject to any applicable
limits set forth in state law.
A.
Subject to the requirements of Chapter 34 of this Code of Ordinances, the Director of Health may promulgate such rules and regulations as are necessary to ensure compliance with this chapter.
B.
The Director of Health shall inspect and reinspect each salon as
necessary to enforce any applicable law, but no less frequently than
once per year.
C.
The Director of Health, after offering proper identification, shall
be permitted to enter any salon during any hours when said salon is
open to the public or has employees present for the purpose of making
an inspection to determine compliance with these regulations.
D.
The Director of Health shall be permitted to examine records of the
establishment, to obtain demographic and service rendered information
pertaining to persons tattooed and/or pierced and equipment, excluding
financial records. There shall be a person knowledgeable of these
records in the establishment during all hours of operation.
E.
Upon completion of any inspection, the owner of the salon shall post
the inspection report in a prominent location where it can be observed
by patrons.
F.
The inspection report shall not be defaced, marred, camouflaged,
hidden, or removed. It shall be unlawful to operate a salon unless
the inspection report is posted as required. Removal of the inspection
report is a violation of this chapter and may also result in the suspension
or revocation of the license, in addition to any other remedies, penalties,
and/or fines permitted by law.
G.
In the event that the Director of Health finds unsanitary conditions
in any salon, he or she may immediately issue a written notice to
the owner describing such conditions, specifying the corrective action
to be taken and a time frame within which such action shall be taken.
If correction is not made within the specified time, the owner may
be subject to a citation or the permit may be suspended or revoked.
A.
General cleanliness. Each salon shall be maintained to provide a
safe and sanitary environment. All salons shall be kept clean, sanitary
and in good repair.
B.
Disinfection of reusable equipment.
(1)
Any chair, seat or table to be utilized by the person receiving a
tattoo or piercing shall be smooth, easily cleanable and nonabsorbent.
All chairs, seats, or tables must be cleansed prior to use by the
next client.
(2)
All equipment shall be maintained in good repair.
(3)
After each use on a patron, all electrical and nonelectrical instruments
shall be thoroughly cleaned to remove foreign matter, treated with
an approved disinfectant, and stored in a protected manner until their
next use. Each hair cutting station shall be provided with a container
of sanitizing solution.
(4)
Cleaned and sanitized implements shall be stored in a clean drawer
or in sanitary covered containers containing a disinfectant.
(5)
Disinfectants shall be changed in accordance with manufacturer's
instructions to ensure complete disinfection. No sediment from the
item being disinfected shall be allowed to remain in the disinfection
container.
(6)
Ultraviolet disinfection is prohibited.
(7)
Acceptable disinfectants include the following or their functional
equivalent if approved by the Director of Health in advance:
(a)
Quaternary ammonium compounds (1:1000 dilution for 30 seconds).
(b)
Alcohol (three minutes).
(c)
Lubricant sanitizer (ten-second contact time, ten-minute drain
time).
(d)
Disinfectant spray (see manufacturer's instructions).
(e)
Commercial formalin (10% solution for one minute).
(f)
Bleach (see manufacturer's instructions).
(g)
Lysol, compound cresol solution, phenolic compound (5% solution
for three minutes or 2% solution for 10 minutes).
(h)
Antimicrobial additive (see manufacturer's instructions).
(i)
Boiling water (five minutes).
(j)
Autoclave (see manufacturer's instructions).
C.
Disposable and single-use equipment. Disposable or single-use articles
shall be disposed of in a waste receptacle after use on a single patron
unless stored in a separate closed, clean container labeled with the
patron's name and used only on that patron.
D.
Disinfection of foot spas and water baths.
(1)
An antimicrobial additive shall be placed in each foot spa or water
bath during use.
(2)
The foot spa or water bath shall be drained of all water and debris,
properly disinfected, and dried after each patron. The device must
be turned on during the disinfection process and allowed to run for
at least 10 minutes.
(3)
The filter of the foot spa or water bath shall be removed and immersed
in disinfectant and flushed with soap and water at the end of each
day unless it is replaced entirely. Each salon must have the proper
tool(s) to remove all filters from their associated devices.
E.
Prohibited equipment and products.
(1)
The following items may not be used or stored in any salon:
(a)
A lancet or any other device intended to be used to break the
skin, except for those devices used by licensed operators to perform
tattooing or body piercing.
(b)
Razor blade-type callus shaver (Credo blade).
(c)
Shaving brushes, shaving mugs, and brush neck dusters.
(d)
Any substance banned by the Food and Drug Administration, including
liquid methyl methacrylate monomer (MMA) and methylene chloride.
(e)
Ultraviolet disinfection.
(f)
Formalin sanitizers.
(2)
Materials to stop the flow of blood may be used only in liquid or
powdered form.
F.
Towels and linens.
(1)
Unused disposable towels or fresh, clean and properly laundered towels
shall be used for each patron.
(2)
All reusable linens and towels shall be deposited in a covered cleanable
receptacle after use on each patron.
(3)
Clean towels and linens shall be stored off of the floor in a clean,
protected location.
G.
Head/neck protection and capes.
(1)
Capes shall be cleaned and disinfected between each use or a sanitary
neck strip or clean towel shall be placed around a patron's neck
so that the cape does not come in contact with the skin of the neck.
(2)
Neck strips shall be discarded after use on each patron.
(3)
Capes shall be cleaned as often as necessary to ensure their sanitary
condition and shall be stored off the floor between uses.
(4)
Chair headrests shall be covered with a clean towel or paper sheet
for each patron or shall be disinfected after each use.
H.
Operators.
(1)
Operators shall thoroughly wash their hands with soap and hot water
immediately after using the toilet, eating or smoking. Before serving
each customer, operators shall utilize proper handwashing procedures.
(2)
No operator shall smoke or eat at the work station.
(3)
Operators shall wear clean, washable garments.
(4)
Combs and other instruments shall not be placed or carried in the
pockets of the operator.
(5)
No operator shall remove a wart or a mole or treat any disease of
a patron, nor perform any medical procedure, such as an injection,
nor dispense any medical device.
(6)
No operator shall knowingly serve any patron who is afflicted with
impetigo, barber's itch, lice, nits, or ringworm.
(7)
All salons shall have and follow a written communicable disease policy
which prohibits or restricts employees from working and prohibits
patrons from being served if they are visibly discharging bodily fluids,
have open wounds, sores or lesions on any exposed portions of their
bodies or are known to be suffering from a communicable disease that
may be transmitted through the services provided in the salon.
J.
Cosmetics.
(1)
When only a portion of a cream, liquid, powder or other cosmetic
preparation is to be removed from the container, it shall be removed
in such a way as to avoid contaminating the remaining portion.
(2)
Use of cosmetic applicators, including lipsticks, powder puffs, makeup
brushes and sponges, on multiple patrons is prohibited.
(3)
Lotions and powders shall be dispensed from sanitary self-dispensing
containers.
(4)
Eyebrow pencils shall be sharpened after each use.
(5)
Makeup brushes may be allowed for use if it can be demonstrated that
the brushes are being effectively sanitized between uses.
K.
Water and plumbing.
(1)
Every salon must have an adequate supply of potable, running water
with sufficient hot (minimum 105° F.) and cold running water under
pressure. Hot water at any faucet shall not exceed 115° F.
(2)
All plumbing fixtures must be protected against back-siphonage or
backflow. The plumbing installation and fixtures shall conform to
applicable building and plumbing codes.
(3)
Wastewater shall be discharged only into municipal sewers, where
available, or into an approved on-site subsurface sewage disposal
system.
(4)
Plumbing fixtures shall be clean and free from defects.
L.
Toilet and sink facilities.
(1)
Adequate toilet and handwashing facilities for patrons and employees
shall be provided.
(2)
Toilet and handwashing facilities shall be in working condition at
all times and shall be kept clean and sanitary.
(3)
At each handwashing sink, liquid antibacterial soap and single-use
disposable towels shall be provided at all times. Common towels are
prohibited.
(4)
At least one handwashing facility shall be located in each treatment
room and work area. Each work area shall have a handwashing sink for
the exclusive use of washing his or her hands and prepping clients.
(5)
Shampoo bowls shall be used for barbering, hairdressing and cosmetology
work only.
(6)
There shall be at least one shampoo station for each three work stations.
(7)
A utility sink shall be provided for proper cleaning of surfaces
and equipment.
M.
Lighting and ventilation.
(1)
Lighting shall be sufficient to provide adequate illumination in
the work areas.
(2)
Overhead lights shall be shielded against breakage.
(3)
The salon shall be properly and adequately ventilated to remove excess
heat, vapors, and odors. The salon shall be free from excessive odors
and not cause a nuisance odor to indoor air of adjacent premises.
Ventilation shall comply with applicable codes.
(4)
Windows shall be effectively screened against insects, rodents, and
other vermin.
N.
Floors, walls, and ceilings.
(1)
Floors and walls in work areas must have nonporous, easily cleanable
coverings and shall be kept clean and in good repair.
(2)
Hair clippings shall not be allowed to accumulate on floors or chairs
but shall be removed to a covered receptacle after serving each patron.
(3)
Ceilings shall be kept clean and in good repair.
(4)
Cracks in floors, walls and ceilings shall be sealed in so as to
prevent the harboring of insects and/or rodents.
O.
Foods and beverages.
(1)
Foods and beverages shall not be prepared, stored or sold in any
salon, except with a valid food permit from the West Hartford Bloomfield
Health District. 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.
(2)
Complimentary beverages provided to patrons shall be provided outside
the work area and in disposable containers.
P.
Refuse and refuse containers.
(1)
All garbage, rubbish and refuse shall be kept in leakproof, nonabsorbent,
easily cleanable, covered containers which must be kept clean.
(2)
All garbage, rubbish and refuse shall be disposed of with sufficient
frequency and in such a manner as to prevent a public health nuisance.
(3)
Infectious wastes shall be disposed of in compliance with the regulated
and infectious waste requirements of these regulations.
Q.
Regulated waste.
(1)
All regulated waste must be disposed of by means of medical regulated
waste containers and licensed medical waste disposal methods.
(2)
All needles and attached equipment shall be disposed of in sharps
containers. The needles shall not be broken prior to disposing in
the sharps container.
(3)
A written plan of disposal for regulated waste must be submitted
to the department for approval prior to issuance of the establishment
license.
R.
Other.
(1)
Safety data sheets (SDS) for all products in use at the salon shall
be made available to the Director of Health upon request.
(2)
All products not stored in the original container must be clearly
labeled at all stations.
(3)
Only poisonous and toxic materials that are required to maintain
sanitary conditions and utilized in sterilization may be stored in
the establishment. These materials shall be labeled and stored in
such a manner as to not constitute a hazard to clients, employees
or equipment.
A.
In accordance with the Connecticut General Statutes, § 20-266o,
no person shall engage in tattooing without a license to do so except
a physician, an advanced practice registered nurse rendering service
in collaboration with a physician, a registered nurse executing the
medical regimen under the direction of a licensed physician, dentist
or advanced practice registered nurse, or a physician assistant rendering
service under the supervision, control and responsibility of a physician.
B.
No person shall practice the art of tattooing or body piercing without
first obtaining a bloodborne pathogen certificate. Equivalent training
such as "Preventing Disease Transmission" (American Red Cross) and
"Bloodborne Pathogen Training" (United States OSHA), training/course
provided by professional body art organizations or associations or
by equipment manufacturers may also be submitted to the department
for approval.
C.
The bloodborne pathogen certificate shall be posted in a prominent
area where it can be observed by patrons.
D.
No person shall:
(1)
Buy, sell or fraudulently obtain or furnish any diploma, certificate,
license, record or registration purporting to show that any person
is qualified or authorized to practice tattooing, as provided in § 20-266o,
or participate in buying, selling, fraudulently obtaining or furnishing
any such document.
(2)
Practice or attempt or offer to practice tattooing under cover of
any diploma, certificate, license, record or registration illegally
or fraudulently obtained or signed, or issued unlawfully or under
fraudulent representation or mistake of fact in a material regard.
(3)
Practice or attempt or offer to practice tattooing under a name other
than such person's own name or under a false or assumed name.
(4)
Aid or abet practice by a person not lawfully licensed to practice
tattooing within this state or by a person whose license to practice
has been suspended or revoked or that has expired.
(5)
Use in such person's advertising the word "tattoo," "tattooing"
or any description of services involving marking or coloring, in an
indelible manner, the skin of any person, without having obtained
a license under the provisions of § 20-266o.
(6)
Tattoo or perform body piercing on any unemancipated minor under
18 years of age without the written permission of the minor's
parent(s) or legal guardian(s). Permission forms shall be retained
for a minimum of 30 calendar days.
(7)
Practice or attempt or offer or advertise to practice tattooing or
be employed by, work with or assist, in any way, any person licensed
to practice tattooing during the time such person's license as
a tattoo technician is revoked or suspended.
E.
All reusable equipment that comes into contact with blood must be
properly sterilized by thoroughly cleaning with an ultrasonic machine
or other approved method. Single-use and disposable needles are recommended.
F.
Aftercare instructions shall be provided after each session.
G.
Body-piercing needles and equipment:
A.
It is the responsibility of the tanning salon owner to:
(1)
Assure that the applicable Food and Drug Administration (FDA) and
Federal Trade Commission (FTC) regulations are adhered to; and
(2)
Prominently display signage with warning/danger statements regarding
ultraviolet light exposure, protective eyewear and substances that
may increase photosensitivity to ultraviolet radiation.
B.
No person under the age of 17 shall be permitted to use a tanning
device under any circumstances.
C.
Manufacturer's label (describing production date, serial and
model number), factory-installed timer and electrical testing label
must be permanently affixed to all tanning devices. Owner's manual
must also be on the premises of the salon.
D.
Protective eyewear must be worn during the use of tanning devices.
Disposable protective goggles must be available for patron use.
E.
Tanning devices must be cleaned and sanitized after each use in a
manner appropriate for each type of device. Sanitizing solution must
be readily available for patron use.
F.
Tanning chemical applications must have instructions on the premises
of the salon detailing the type of handheld sprayer utilized. Material
safety data sheets (MSDS) shall be made available to the Director
of Health upon request.
A.
Suspension.
(1)
Without warning, prior notice or a hearing, the Director of Health
may suspend any permit to operate a salon if the operation constitutes
an imminent hazard to public health due to the presence of any unsanitary
condition such as, but not limited to:
(a)
Failure to comply with the provisions of this chapter and/or
any other applicable laws.
(b)
As part of an epidemiologic investigation of an infectious or
communicable disease, pathogenic or toxic agent capable of being transmitted
to a consumer or worker.
(c)
An 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 salon.
(d)
A sewage backup into the salon.
(e)
An unlicensed individual performing procedures requiring licensure
pursuant to the Connecticut General Statutes or the Public Health
Code.
(2)
Following suspension, operation of the salon shall not resume until
written approval has been issued by the Director of Health. The Director
of Health may physically remove a suspended permit from the premises.
(3)
Whenever a permit is suspended, the holder of the permit may make
written request for permit reinstatement, provided that such request
includes a statement signed by the applicant that, in his or her opinion,
the conditions causing the suspension have been corrected. Within
10 business days following receipt of such a written request, 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.
(1)
The Director of Health may revoke or refuse to renew the permit of
any person for:
(a)
Serious and/or repeated violations of any provision(s) of this
chapter;
(b)
Interfering with the Director of Health in the performance of
his or her official duties;
(c)
Improperly attempting to influence the Director of Health in
the performance of his or her official duties; or
(d)
Obtaining said permit through nondisclosure, misrepresentation
or intentional misstatement of a material fact.
(2)
Revocation of a permit shall be effective seven calendar days following delivery of a written notice to the operator and shall not resume until a new permit has been issued by the Director of Health. A permit may be suspended pursuant to Subsection A pending completion of a revocation proceeding. The Director of Health shall physically remove the revoked permit from the premises when the revocation becomes effective.
C.
No new permit shall be issued to any owner who has been denied a
renewal or whose permit has been revoked, whether for the same location
or a different location, until 60 calendar days have passed since
the effective date of the nonrenewal or revocation.
D.
It shall be a separate violation of this chapter for any owner or
operator to post a duplicate of any license which has been revoked
or suspended and removed from the premises.
A.
Any owner or operator aggrieved by the denial of a permit, permit
suspension, or permit revocation may appeal to the Director of Health,
at which time such person shall be afforded the opportunity to present
evidence and argument on all facts or issues involved before the Director
of Health. The request for a hearing must be filed with the Director
of Health, in writing, within seven calendar days of the denial, suspension
or revocation.
B.
The Director of Health may make such procedural rules as are necessary
to conduct hearings.
C.
During the process of any appeal, the salon shall be allowed to remain
in operation until such time as a hearing has been held and a decision
rendered by the Director of Health. However, if the Director of Health
finds that the operation constitutes an imminent hazard to public
health, the operation will be suspended pending a hearing.
D.
The Director of Health shall, upon receiving an appeal, schedule
a hearing no later than five business days from the date of actual
receipt of the appeal and shall promptly notify all parties of the
time and place thereof.
E.
The Director of Health shall render a decision within five business
days of the date of the hearing held under this section.
In addition to the permit suspension, nonrenewal and revocation authorized by § 145-9, any provision of this chapter may be enforced by the issuance of an infraction citation issued pursuant to state law; or by a citation in the amount set forth in § 1-8, subject to the appeal procedure set forth in § 1-10.
Should any section or part thereof of this chapter be declared
unconstitutional or invalid for any reason, the remainder of said
chapter shall not be affected.
