[Ord. No. BH7/6/06]
This chapter may be cited as the Barber Shops, Beauty Parlor
and Nail Salons Ordinance of the Township of West Caldwell.
[Ord. BH6/7/06]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean any person who is licensed by the State of New
Jersey to engage in any of the practices encompassed in barbering.
Shall mean any one or combination of the following practices
when done on the human body for cosmetic purposes and not for the
treatment of disease or physical or mental ailments and when done
for payment either directly or indirectly or when done without payment
for the general public:
Shaving or trimming of the beard, mustache or other facial hair;
Shampooing, cutting, arranging, relaxing or styling of the hair;
Singeing or dyeing of the hair;
Applying cosmetic preparations, antiseptics, tonics, locations
or creams to the hair, scalp, face or neck;
Massaging, cleansing or stimulating the face, neck or scalp
with or without cosmetic preparations, either by hand, mechanical
or electrical appliances; or
Cutting, fitting, coloring or styling of hairpieces or wigs,
to the extent that the services are performed while the wig is being
worn by a person.
Shall mean any establishment engaged in the practice of barbering
for the public.
Shall mean the Board of Health of the Township of West Caldwell.
Shall mean any person designated by the Health Officer to
act for him/her in the performance of his/her duties.
Shall mean an Environmental Protection Agency (EPA) or New
Jersey Department of Environmental Protection registered product with
demonstrated bactericidal, virucidal and fungicidal activity used
in accordance with manufacturer's instruction.
Shall mean any person who is licensed by the State of New
Jersey to engage in the practices encompassed in cosmetology and hairstyling.
Shall mean any one or combination of the practices as outlined
in N.J.S.A. 45:5B-3(j) when done on the human body for cosmetic purposes
and not for the treatment of disease or physical or mental ailments
and when done for payment either directly or indirectly or when done
without payment for the general public.
Shall mean any establishment engaged in the practice of hairdressing,
cosmetology, or barbering for the public.
Shall mean the Health Officer of the Township of West Caldwell
or his/her duly authorized representative.
Shall mean any establishment engaged in the practice of cutting,
shaping, polishing or enhancing the appearance of the nails of the
hands or feet, including, but not limited to the application and removal
of sculptured or artificial nails.
Shall mean 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.
Shall mean a person who owns, leases, or manages a shop/salon,
or any licensed person performing barbering, hairdressing, cosmetology,
manicuring or waxing.
Shall mean a person who owns a shop/salon establishment and
is responsible for upholding the regulations of this chapter in all
areas of the establishment.
Shall mean an individual, firm, partnership, company, corporation,
trustee, association or any public or private entity.
Shall mean the individual present in a barbershop or hairdressing
and/or cosmetology salon/shop or nail salon/shop that is the apparent
supervisor of the barbershop or hairdressing and/or cosmetology shop/salon
or nail salon/shop 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.
Shall mean safe and clean shop/salon conditions that prevent
the spread of communicable diseases and protect the public's
health and welfare.
Shall mean the temporary removal of superfluous hair from
the hair follicle on any area of the human body through the use of
a physical (wax) depilatory or by tweezing.
Shall mean 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.
Shall mean a separate room with more than one work station,
or a private room set aside to serve one customer at a time.
[Ord. BH6/7/06]
a.Â
No person shall maintain or operate by barbershop, hairdressing,
cosmetology salon/shop or nail salon/shop without having a valid license
issued by the Health Officer. Only a person who complies with the
requirements of this chapter shall be entitled to receive or retain
such a license.
b.Â
Every barbershop, hairdressing, cosmetology salon/shop or nail salon/shop
must comply with local planning and zoning regulations and all other
applicable ordinances before being issued a license.
c.Â
Application for a license shall be made on forms furnished by the
Health Officer. All licenses are valid for one year or a portion thereof
and are renewable on January 1 of each year.
d.Â
The application fee for a license shall be $75 and shall be due no
later than September 1, 2006. The application fee for a license for
2007 and all years thereafter shall be $75 each for a one-year period
beginning January 1 and ending December 31. License application fees
are nonrefundable. All licenses issued during the course of the year
shall expire on December 31 of the year of issue, regardless of when
they are issued. All applications for the renewal of licenses and
the fees thereof must be received by the Health Officer no later than
December 31 of the year in which the current license shall expire.
e.Â
No license shall be issued or renewed until a completed application
has been submitted, the license fee has been paid and the applicant's
barbershop or hairdressing and/or cosmetology salon/shop or nail salon/shop
meets the requirements set forth in this chapter and all other applicable
state and local regulations.
f.Â
Licenses shall be valid until December 31 of each year as noted on
the license unless suspended by the Health Officer, or until such
time as the facility changes owners, closes or goes out-of-business.
g.Â
Licenses shall not be transferable from person to person or from
location to location. Any planned change in ownership of a facility
must be reported promptly to the Board of Health and such changes
must be approved by the Board of Health prior to the issuance of an
operating license.
h.Â
A license must be displayed in a prominent location within the establishment
where patrons can observe it.
i.Â
All applications for the renewal of licenses and the fees thereof
that are not received by January 30 of the year following that during
which the current license expires shall be subject to a late fee of
$50.
j.Â
In the event ownership of the facility is transferred or a new facility
is opened during the license year, the new owner shall apply for a
license within 10 business days of the transfer and/or opening of
the new facility. For applications completed and filed after July
1, the fee shall be prorated to $40.
[Ord. BH6/7/06]
a.Â
The Health Officer shall promulgate such rules and procedures as
are necessary to ensure compliance with this chapter.
b.Â
At least once a year, the Health Officer or his/her designee shall
inspect each barbershop, hairdressing and/or cosmetology shop/salon
and nail salon/shop and shall make as many additional inspections
as are necessary for the enforcement of this chapter.
c.Â
The Health Officer or his/her designee, after proper identification,
shall be permitted to enter, during normal operating hours, any portion
of any barbershop or hairdressing and/or cosmetology shop/salon or
nail salon/shop for the purpose of making inspections to determine
compliance with this chapter.
d.Â
In the event that the Health Officer or his/her designee finds unsanitary
conditions in the operation of a barbershop or hairdressing and/or
cosmetology shop/salon or nail salon/shop, or if a violation or multiple
violations occur, the Health Officer or his/her designee may immediately
issue a written notice to the license holder, or person in charge,
citing such conditions, specifying the corrective action to be taken
and time frame within which such action shall be taken. If corrective
action is not made in the allotted time, the licensee may be fined
and/or his or her license suspended.
[Ord. BH7/6/06]
a.Â
General Cleanliness. Each shop/salon shall be maintained to provide
a safe and sanitary environment. All facilities shall be kept clean,
sanitary and in good repair.
b.Â
Disinfection of Reusable Equipment:
1.Â
After each use on a patron, any tool or part thereof which comes
into contact with the hair, head, face or neck of the patron, such
as razors, scissors, tweezers, combs and parts of vibrating trimmers,
shall be thoroughly cleaned and disinfected.
2.Â
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 next
use.
3.Â
Disinfectants shall be used in accordance with the manufacturer's
instructions to ensure complete disinfection. No sediment from the
item being disinfected shall be allowed to remain in the bottom of
the disinfection container.
c.Â
Disposable and Single-use Equipment:
1.Â
Disposable or single-use articles shall be disposed of in a waste
receptacle after use on each patron unless stored in a separate closed
clean container labeled with the patron's name and used only
on that patron.
2.Â
All disposable or single-use articles that come into contact with
blood and/or body fluids shall be enclosed in sealable plastic bags
prior to being placed in the waste receptacle.
3.Â
All sharp or pointed articles shall be disposed of in a puncture-proof
container.
d.Â
Sanitation of Foot Spas and Water Baths:
1.Â
An antimicrobial additive shall be placed in each foot spa or waterbath
during use.
2.Â
After each patron, the shop/salon shall drain all water and debris,
properly disinfect and dry the foot spa or waterbath.
3.Â
At the end of each day, the shop/salon shall remove and immerse any
filter in disinfectant and flush the foot spa or waterbath with low-sudsing
soap and water, and then disinfect and air dry the foot spa or waterbath.
f.Â
Cosmetics:
1.Â
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 not to contaminate the remaining portion.
2.Â
Multi-use of cosmetic applicators is prohibited. This includes the
use of lipsticks, powder puffs, makeup brushes and sponges which are
not disposable.
3.Â
Lotions and powders shall be dispensed from a sanitary self-dispensing
container.
g.Â
Operators:
1.Â
Operators shall thoroughly wash their hands with soap and water immediately
after using the toilet, eating or smoking. Before and after serving
each customer, operators shall thoroughly wash their hands with soap
or hand disinfectant.
2.Â
No operator shall remove warts or moles or treat any disease of a
patron, nor perform any medical procedure such as an injection, nor
dispense any medical device.
3.Â
All operators shall have an exclusion policy for people with a communicable
disease that may be transmitted through the services of a barber,
hairdresser, cosmetologist, or nail technician.
4.Â
No operator shall serve a patron if the operator has a communicable
disease which could reasonably be expected to be transmitted during
the course of rendering any services regulated by this chapter.
5.Â
All operators shall be attired in clean outer garments.
6.Â
No individual shall perform procedures requiring licensure by the
New Jersey State Board of Cosmetology without possessing such a valid
license.
i.Â
Toilet and Sink Facilities:
1.Â
Each shop/salon shall provide adequate toilet and hand-washing facilities
for patrons and employees.
2.Â
Toilet and hand-washing facilities shall be in working conditions
at all times, and kept clean and sanitary.
3.Â
Each hand-washing sink shall have a soap dispenser and disposable
towels or an air dryer or hand drying.
j.Â
Lighting and Ventilation:
1.Â
Lighting shall be sufficient to provide adequate illumination in
the work area.
2.Â
The shop/salon shall be properly and adequately ventilated to remove
excess heat, vapors, and odors.
3.Â
Windows and doors shall be effectively screened against insects,
rodents and other vermin. Insect and vermin entry must be otherwise
precluded at all times.
k.Â
Floors, Walls and Ceilings. Floors, walls and ceilings shall be kept
clean and in good repair.
[Ord. BH7/6/06]
Swimming pools and spas shall conform to municipal ordinances,
state statutes, and regulations, including Chapter XXVI of the State
Sanitary Code, entitled "Public Recreational Bathing" (N.J.A.C. 7:26).
[Ord. BH7/6/06]
All sewage disposal shall be in accordance with the provisions
of the Standards for Individual Subsurface Sewage Disposal Systems
(N.J.A.C. 7:9A) and the New Jersey Water Pollution Control Act Regulations
(N.J.A.C. 7:14), promulgated by the Department of Environmental Protection,
and any other applicable rules and regulations.
[Ord. BH7/6/06]
a.Â
Rules applicable to food service, milk and water supply included:
1.Â
All food service and milk supply shall comply with Chapter XII of
the State Sanitary Code, and all rules and regulations promulgated
by the New Jersey Department of Health and Senior Services, including
N.J.A.C. 8:21 and N.J.S.A. 26:1A-9.
2.Â
The water supply shall comply with the provisions of the New Jersey
Safe Drinking Water Act, (N.J.S.A. 58:12A-1 et seq.).
b.Â
Drinking fountains, if provided, shall be construed of impervious
material and have an angle jet with a nozzle above the overflow rim
of the bowl. The nozzle shall be protected by a nonoxidizing guard.
The bowl shall be of easily cleanable design, without corners, and
the bowl opening shall be equipped with a strainer. Waste water from
the bowl shall be discharged to a suitable drain by means of a pipe
with a suitable air gap.
[Ord. BH7/6/06]
Tanning facilities shall conform to the requirements of BH12-1
et al. and any other applicable municipal ordinances, state statutes
and/or regulations.
[Ord. BH7/6/06]
Health clubs shall conform to the requirements of BH11-1, et
seq., and any other applicable municipal ordinances, state statutes
and/or regulations.
[Ord. BH7/6/06]
a.Â
Failure to comply with the provisions of this chapter or applicable
state statutes and/or regulations shall be grounds for suspension
of any license issued under the provisions of this chapter.
b.Â
When a license is suspended, all barbershop, hairdressing and/or
cosmetology shop or nail salon/shop operations shall cease immediately
and shall not resume until written approval to resume has been issued
by the Health Officer. The Health Officer or his/her designee shall
remove a suspended license from the premises.
c.Â
Immediate Suspension: The Health Officer may suspend, without warning,
prior notice or hearing, any license to operate a barbershop or hairdressing
and/or cosmetology shop/salon or nail salon/shop if the operation
constitutes an imminent hazard to public health including, but not
limited to, any one of the following:
1.Â
There is an outbreak of an infectious, pathogenic or toxic agent
capable of being transmitted to consumers.
2.Â
There is an absence of potable water, supplied under pressure, in
a quantity which, in the opinion of the Health Officer, is capable
of meeting the needs of the facility.
3.Â
There is a sewage backup into the facility.
4.Â
An unlicensed individual is performing procedures requiring licensure
by the New Jersey State Board of Cosmetology.
d.Â
In the event of a suspension issued due to a finding by the Health
Officer of an imminent hazard to public health, the suspension shall
be effective immediately upon delivery of the written order to the
license holder or person in charge of the facility by the Health Officer
or his/her designee.
e.Â
Except with regard to paragraph b above, when a license is to be
suspended, the holder of a license, or the person in charge, shall
be notified in writing of the proposed suspension, and an opportunity
for a hearing will be provided if a written request for hearing is
filed with the Health Officer by the holder of the license within
two business days of receipt. If no written request for a hearing
is filed within two business days of receipt of notice, the suspension
will become effective immediately without further notice.
f.Â
Upon receiving a request for a hearing, the Health Officer shall
schedule a hearing not later than 10 business days from the date of
actual receipt of the request to afford the license holder the opportunity
to present evidence and argument on all facts or issues involved and
to examine the merits of such suspension. The license holder shall
have the right to have an attorney present at the hearing.
g.Â
The Health Officer shall examine the merits of such suspension and
render a decision in writing within 10 business days of the date of
the hearing held under this section. The written decision shall set
forth the basis and/or reasoning for the decision as well as the facts
relied upon by the Health Officer in reaching his or her decision.
If the Health Officer decides to suspend the license, the suspension
shall be effective immediately upon receipt of the order by the license
holder or person in charge.
h.Â
The Health Officer may end a suspension at any time by giving written
notice to the license holder if reasons for suspension no longer exist.
i.Â
Whenever a license has been suspended, the holder of the suspended
license may make written request for license reinstatement. Within
10 business days following receipt of a written request, including
a statement signed by the license holder or person in charge that,
in his or her opinion, the conditions causing the suspension have
been corrected, the Health Officer or his/her designee shall make
a reinspection. If the Health Officer or his/her designee determines
that the license holder has complied with the requirements of this
chapter, the license shall be reinstated and returned to the license
holder.
[Ord. BH7/6/06]
No variation from any of the provisions of this chapter shall
be permitted except as elsewhere provided herein.
[Ord. BH7/6/06]
Any person aggrieved by any administrative decision of the Health
Officer pursuant to this chapter, including the denial of a license,
the refusal to renew a license, or the suspension of a license, shall
have an absolute right to appeal such decision to the Board at its
next regularly scheduled meeting. For such appeal, the Health Officer
shall present evidence supporting the decision made by the Health
Officer, and the aggrieved party shall present evidence opposing the
decision of the Health Officer. The license holder shall have the
right to have an attorney present during the appeal process. After
hearing all of the evidence presented to it, the Board, by a majority
vote, shall then affirm, reverse or modify the decision of the Health
Officer. On all appeals, the decision of the Board shall be final.
[Ord. BH7/6/06]
a.Â
Whenever additional inspections, (beyond one initial inspection),
are necessitated by reason of classification of a barber shop, beauty
parlor or nail salon as unsatisfactory, the license holder shall reimburse
the Board for the cost of each such inspection in the amount of the
original license fee applicable to the premises.
b.Â
There shall be a fee of $75 for each inspection as set forth in paragraph
a.
c.Â
For any violation of any provision of this chapter, the following
shall apply:
1.Â
For any violation of any provision of this chapter, the Health Officer
or his/her designee or any other law enforcement officer shall issue
a summons and complaint, in usual form, returnable in the Municipal
Court of the Township of West Caldwell or such other court as may
be permitted by law.
2.Â
Upon conviction, any person who violates any provision of this chapter
shall be subject to a fine of not less than $50 nor more than $1,000
for the first offense, and a fine of not less than $50 nor more than
$1,000 and imprisonment for 90 days for the second and subsequent
offenses, or the maximum penalties otherwise permitted by law.
3.Â
In addition to any other penalties imposed, upon conviction, any
person who violates any provision of this chapter may have its license
suspended.
d.Â
Each day (consisting of a twenty-four-hour period beginning at 12:01
a.m.) during which a continuing violation of this chapter subsists
shall constitute a separate violation and shall incur the penalties
set forth herein, at the discretion of the Health Officer or his/her
designee.
[Ord. BH7/6/06]
This chapter shall take effect 30 days after the publication
of notice of final adoption as provided by law.