[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:
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.
Any person certified pursuant to the provisions of the Massage,
Bodywork and Somatic Therapist Certification Act, P.L. 1999, c. 19,
as amended.[1]
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
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.
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.
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.
