Township of Byram, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Byram 5-25-2006 by Ord. No. BH2-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Body art establishments — See Ch. 251.
As used in this chapter, the following terms shall have the meanings indicated:
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Any systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial education, and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
MASSAGE, BODYWORK AND SOMATIC THERAPIST
Any person certified pursuant to the provisions of the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999, c. 19, as amended.[1]
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
Any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
A. 
Massage, bodywork and somatic therapy establishment permit required. No person or entity shall operate any establishment or utilize any premises in the Township of Byram as or for a massage, bodywork and/or somatic therapy establishment prior to obtaining a permit in accordance with this chapter.
B. 
Massage, bodywork and somatic therapist's permit required. No person shall practice massage or related therapies as a massage, bodywork and/or somatic therapist, employee or otherwise, unless he or she has a valid and subsisting massage, bodywork and somatic therapist's permit issued to him or her pursuant to this chapter.
C. 
A permit for a massage, bodywork and/or somatic therapy establishment will be denied if the applicant has been convicted of any crime or disorderly persons offense in New Jersey or any other jurisdiction.
The provisions of this chapter shall not apply to massage, bodywork or somatic therapies given:
A. 
In the office of licensed physician, chiropractor or physical therapist;
B. 
At a regularly established medical center, hospital or sanatorium having a staff that includes licensed physicians, chiropractors and/or physical therapists;
C. 
By any licensed physician, chiropractor or physical therapist in the residence of his or her patient; or
D. 
By a licensed barber or cosmetologist/hairstylist limited to the areas of the face, neck, scalp or upper part of the body as set forth in the Cosmetology and Hairstyling Act of 1984.[1]
[1]
Editor's Note: See N.J.S.A. 45:5B-1 et seq.
Any person seeking a permit for a massage, bodywork and/or somatic therapy establishment shall file a written application with the Board of Health. The application form shall be supplied by the Board of Health and require the following information:
A. 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
B. 
The name, style and designation under which the business would be conducted.
C. 
The address, including mailing address if different, and all telephone numbers, including facsimile, where business would be conducted.
D. 
A complete list of the names and residence addresses of all massage, bodywork and/or somatic therapists and employees of the business and the name and residence address of the manager or other person to be principally in charge of operation of the business.
E. 
A sworn statement indicating that all massage, bodywork and/or somatic therapists employed or to be employed by the establishment or otherwise permitted to work at the establishment have been certified by the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, P.L. 1999, c. 19. A copy of the current certification for each such therapist shall be included with the application.
F. 
Personal information concerning the applicant, if an individual, or each person or entity with more than a ten-percent interest in the entity, as well as each officer and each director, if the applicant is a corporation; concerning the partners, including limited partners, if the applicant is a partnership; and, concerning the manager or other person to be principally in charge of operation of the business:
(1) 
Name, complete residence address and residence telephone number.
(2) 
The two immediately prior addresses if at present address fewer than 10 years.
(3) 
Written proof of age.
(4) 
Height, weight, gender, color of hair and eyes.
(5) 
Two front-face portrait photographs at least two inches by two inches in size taken within 30 days of the date of the application.
(6) 
At least one other form of identification, such as valid driver's license, passport, visa or social security card.
(7) 
Narrative of massage therapy or similar business history and experience, including whether such person or entity has previously operated under a license or permit in this or another municipality or state, or has had such license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such denial, suspension or revocation.
(8) 
As to any criminal or quasi-criminal conviction, full disclosure of the jurisdiction in which convicted, the offense for which convicted and circumstances thereof.
(9) 
A written waiver and consent to allow a fingerprint and criminal background check by the Township Police Department must accompany the application. Failure to execute such a waiver and consent shall result in denial of a permit.
(10) 
The names and addresses of three adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates. For good cause shown the Township may accept out-of-county references.
A. 
A fee of $250 shall accompany every application for a permit to maintain, operate or conduct a massage, bodywork and somatic therapy establishment (including renewals).
B. 
Permits expire on December 31 of each year. Applications for renewal must be filed by October 31.
A. 
Upon receipt, the Board of Health shall refer the establishment permit application to the Building Department, Fire Department, Police Department and Planning Department, and each shall make written recommendations to the Board of Health concerning compliance with the codes that it administers.
B. 
An inspection by a representative of the Division of Health, the Building Inspector and Fire Inspector must confirm that the establishment complies with the minimum requirements of the building and health codes for businesses operating in the Township of Byram before an establishment permit can be issued.
C. 
The following minimum requirements apply:
(1) 
All massage tables, bathtubs, shower stalls, steam or bath areas and floors must have surfaces that can be readily disinfected, and shall be maintained in a sanitary condition and regularly cleaned and disinfected.
(2) 
Adequate bathing, dressing and locker facilities must be provided for patrons. Separate bathing, sanitary dressing/locker and massage room facilities shall be provided in the event that male and female patrons are to be served simultaneously.
(3) 
The premises must have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
(4) 
Adequate hand-washing facilities shall be provided at convenient locations as necessary to maintain clean hands and arms of all employees during hours of operation.
No part of any quarters of any massage, bodywork and/or somatic therapy establishment shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage, bodywork and/or somatic therapy establishment except for limited periods incidental to and directly related to a massage, bodywork and/or somatic therapy treatment or bath. This provision shall not preclude the location of massage, bodywork and/or somatic therapy establishment in separate quarters of a building containing a hotel or other separate business(es) or club(s).
A. 
Current certification by the State of New Jersey is required to be eligible for a permit as a massage, bodywork and/or somatic therapist in Byram Township.
B. 
For up to one year (365 days) after the effective date of this chapter, any person engaged in the full-time practice of massage, bodywork and/or somatic therapy for the two preceding years, or any person engaged in the part-time practice of massage, bodywork and/or somatic therapy for the five preceding years, or any person who has successfully completed 1,000 hours in the practice of massage, bodywork and/or somatic therapy under the supervision of a certified therapist (as defined in § 264-1), and with the completion of a minimum of 200 hours of education or training in massage preceding the enactment of this chapter, may acquire a permit to practice without satisfying the requirements of § 264-8A above.
C. 
The following information concerning the applicant will also be required:
(1) 
The name, complete residence address (and mailing address, if different) and residence telephone numbers.
(2) 
All previous addresses within the last five years.
(3) 
Written proof of age.
(4) 
Height, weight, gender and color of hair and eyes.
(5) 
Two front-face portrait photographs at least two inches by two inches in size taken within 30 days of the date of the application.
(6) 
At least one other form of identification, such as valid driver's license, passport, visa or social security card.
(7) 
Narrative of the applicant's history and experience in massage therapy or similar field, including, but not limited to, whether such a person has previously operated in this or another municipality or state under a license or permit, and whether such license or permit was denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such denial, suspension or revocation.
(8) 
Disclosure of all convictions under Title 2C, the New Jersey Criminal Code, including the jurisdiction and the offense for which convicted and circumstances thereof.
(9) 
The applicant shall execute a waiver and consent to allow a fingerprint and criminal background check by the Police Department; as to any criminal or quasi-criminal conviction, full disclosure of the jurisdiction in which convicted, the offense for which convicted and circumstances thereof.
(10) 
The names and addresses of three adult residents of the county who will serve as character references. References must be persons other than relatives and business associates. For good cause shown, the Township may accept out-of-county references.
A. 
A fee of $25 shall accompany every application for a massage, bodywork and somatic therapist permit.
B. 
Permits expire on December 31 of each year. Applications for renewal must be filed by October 31.
A. 
When said application is properly filled out, signed by the applicant and has been filed with the Board of Health with all accompanying information, the application shall be referred to the Township Police Department. The Chief of Police, or his or her designee, shall investigate the information available as to the good moral character of the applicant, and approve or disapprove the application within 90 days. Reasons for disapproval shall be set forth in writing on the reverse side of the application. The application shall be returned to the Board of Health, which will either issue the permit or notify the applicant of a denial setting forth the reason(s) therefor.
B. 
With the exception of massage, bodywork and somatic therapists who are certified pursuant to P.L. 1999, c. 19,[1] all applicants seeking a therapist permit must be fingerprinted by the Byram Township Police Department. Applicants shall be fingerprinted on Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., or as otherwise determined by the Byram Township Police Department. The applicant shall pay a fee established by the Police Department for the cost of fingerprinting.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
A. 
A massage, bodywork and/or somatic therapy establishment shall be operated in a sanitary condition, including that all appliances and apparatus shall be kept clean.
B. 
Price rates for all services shall be prominently posted in the reception area to be available to all prospective customers.
C. 
All employees, including massage, bodywork and/or somatic therapists, shall be clean and wear clean, nontransparent outer garments.
D. 
Doors to dressing rooms, showers, locker rooms, etc. shall open inward and be self-closing.
E. 
A massage, bodywork and/or somatic therapy establishments shall be provided with clean sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in a sanitary manner.
F. 
When in the presence of an employee or massage, bodywork and/or somatic therapist, the sexual or genital area of a patron must be covered by towels, cloths or undergarments.
G. 
It shall be unlawful for any person in a massage, bodywork and/or somatic therapy establishment to knowingly place his or her hand upon, or touch with any part of his or her body, to fondle or massage in any manner, a sexual or genital area of any other person. No massage, bodywork and/or somatic therapist, employee or operator shall perform or offer to perform any act which would require the touching of a patron's sexual or genital area.
H. 
Walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities and surfaces shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry, clean and sanitary.
I. 
Oils, creams, lotions and other preparations used in administering massage, body work and somatic therapies shall be kept in clean closed containers or cabinets.
J. 
Animals shall not be permitted in the massage work area, except for Seeing Eye dogs.
K. 
Each massage, bodywork and somatic therapist shall wash his or her hands in hot running water, using a proper soap or disinfectant, before administering a massage, bodywork and/or somatic therapy to a patron.
Representatives of the Board of Health, Police Department and/or the Building Department shall, from time to time, and at least twice a year, make an inspection of each massage, bodywork and/or somatic therapy establishment granted a permit for the purpose of determining whether the provisions of this chapter are being complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow access to the premises or to hinder inspection in any manner. The permittee shall pay an inspection fee established by the Board of Health.
A. 
No owner or manager of a massage, bodywork and/or somatic therapy establishment shall tolerate in his or her establishment any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not limited to, laws proscribing prostitution, indecency and obscenity, including the sale, uttering or exposing, and/or public communication of obscene material, and laws relating to sodomy, adultery and proscribed fornication.
B. 
Conviction of an employee of a massage, bodywork and/or somatic therapy establishment of a violation of any of the aforementioned statutes and codes shall devolve upon the owner or manager of such establishment, it being specifically declared that following such conviction of an employee, the owner or manager of the establishment shall be prosecuted as an accessory to such violation, and all permits shall be automatically revoked.
A. 
Permits may be revoked by the Board of Health, after notice and a hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement in the application for the permit.
(2) 
Fraud, misrepresentation or false statement made in the course of operating pursuant to a permit issued by the Township.
(3) 
Any violation of this chapter.
(4) 
Conviction of a crime or offense involving moral turpitude, sexual misconduct, keeping or residing in a house of prostitution, or any crime involving dishonesty or any other indictable offense.
(5) 
Operating pursuant to a permit issued by the Township in a manner that is unlawful or detrimental to the health, safety or general welfare of the public.
B. 
Notice of the hearing for the revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the date, time and place of the hearing. Such notice shall be given personally or mailed to the permittee at his/her/its last known address at least five days prior to the date set for hearing.
C. 
Such permit may, pending revocation proceedings, be suspended for not more than 10 days by the Health Officer if, in his/her opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the public.
D. 
The Board of Health, or the Township Manager at the Board's request, shall serve as hearing officer.
In addition to revocation or suspension of the permit granted under this chapter, any person who violates any provision of this chapter shall be punished by a fine not exceeding $1,250 or by imprisonment for a term not exceeding 90 days, or both, in the discretion of the court.