[HISTORY: Adopted by the Board of Health
of the Borough of Paramus 11-27-2006 by Ord. No. 115. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
- BARBER
- Any person who is licensed to engage in any of the practices encompassed in barbering.
- BARBERING
- 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:
- A. Shaving or trimming of the beard, mustache or other facial hair;
- B. Shampooing, cutting, arranging, relaxing or styling of the hair;
- C. Singeing or dyeing of the hair;
- D. Applying cosmetic preparations, antiseptics, tonics, lotions or creams to the hair, scalp, face or neck;
- E. Massaging, cleansing or stimulating the face, neck or scalp with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or
- F. 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.
- BARBERSHOP
- Any establishment engaged in the practice of barbering for the public.
- BOARD OF HEALTH
- The Board of Health of the Borough of Paramus.
- DESIGNEE
- Any person designated by the Health Officer to act for him/her in the performance of his/her duties.
- DISINFECTANT
- A product registered with the Environmental Protection Agency (EPA) or New Jersey Department of Environmental Protection, with demonstrated bactericidal, virucidal and fungicidal activity, used in accordance with manufacturer's instruction.
- FOOT SPA/WATER BATH
- A basin, sink, plumbing fixture or other device used for the purpose of soaking or washing the feet.
- HAIRDRESSER/COSMETICIAN or COSMETOLOGIST-HAIRSTYLIST
- Any person who is licensed by the New Jersey State Board of Cosmetology to engage in the practices encompassed in cosmetology and hairstyling.
- HAIRDRESSING AND COSMETOLOGY
- 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.
- HAIRDRESSING OR COSMETOLOGY SHOP/SALON
- Any establishment engaged in the practice of hairdressing, cosmetology, or barbering for the public.
- HEALTH OFFICER
- The Health Officer of the Borough of Paramus or his/her duly authorized representative.
- NAIL SALON/SHOP
- Any establishment, which is licensed by the New Jersey State Board of Cosmetology, 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.
- NAIL TECHNICIAN
- A person who is licensed by the New Jersey State Board of Cosmetology and 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.
- OPERATOR
- A person who owns, leases, or manages a shop/salon, or any licensed person performing barbering, hairdressing, cosmetology, manicuring or waxing.
- OWNER
- A person who owns a shop/salon establishment and is responsible for upholding the regulations of this chapter in all areas of the establishment.
- PERSON
- An individual, firm, partnership, company, corporation, trustee, association or any public or private entity.
- PERSON IN CHARGE
- 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.
- SANITARY CONDITIONS
- Safe and clean shop/salon conditions that prevent the spread of communicable diseases and protect the public's health and welfare.
- WAXING
- 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.
- WORKING AREA
- A separate room with more than one work station, or a private room set aside to serve one customer at a time.
- WORK STATION
- 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.
Every barbershop, hairdressing or cosmetology
salon/shop or nail salon/shop must comply with local planning and
zoning regulations and all other applicable ordinances of the Borough
of Paramus.
[Amended 7-24-2019 by Ord. No. 19-19]
A.
The Health Officer shall promulgate such rules and procedures as
are necessary to ensure compliance with this section.
B.
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.
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.
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, a court summons may be issued.
E.
Registration of barbershops, beauty salons and nail salons. Any business
for which a license is required under N.J.S.A. 45:5B-7 (including
hairstyling, beauty culture, barbering, manicuring, skin care specialty
services) must pay a yearly registration fee to the Board of Health
in the amount of $150 for the cost of yearly inspections and investigation
of complaints. The yearly registration fee shall be due and payable
on or before the first day of February in the year of renewal, unless
the Board of Health provides an extension in writing to the owner
or operator of the business.
A.
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.
Disinfection of reusable equipment:
(1)
After each use on a patron, any tool or part thereof
which comes into contact with the 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)
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)
Disinfectants shall be changed 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.
Disposable and single-use equipment:
(1)
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)
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)
All sharp or pointed articles shall be disposed of
in a punctureproof container.
D.
Sanitation of foot spas and water baths:
(1)
An antimicrobial additive shall be placed in each
foot spa or waterbath during use.
(2)
After each patron, the shop/salon shall drain all
water and debris, properly disinfect and dry the foot spa or water
bath.
(3)
At the end of each day, the shop/salon shall remove
and immerse any filter in disinfectant and flush the foot spa or water
bath with low-sudsing soap and water, and then disinfect and air dry
the foot spa or water bath.
F.
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 not to contaminate the remaining
portion.
(2)
Multi-use of cosmetic applicators is prohibited. This
includes the use of lipsticks, powder puffs, makeup brushes and sponges
which are not disposable.
(3)
Lotions and powders shall be dispensed from a sanitary
self-dispensing container.
G.
Operators.
(1)
Operators shall thoroughly wash their hands with soap
and water immediately after using the toilet, eating or smoking. Before
serving each customer, operators shall thoroughly wash their hands
with soap or hand disinfectant.
(2)
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)
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)
No individual shall perform procedures requiring licensure
by the New Jersey State Board of Cosmetology without possessing such
a valid license.
(5)
No individual shall perform procedures requiring licensure
by the New Jersey State Board of Cosmetology without having such license
visible and present on site.
I.
Toilet and sink facilities:
(1)
Each shop/salon shall provide adequate toilet and
hand-washing facilities for patrons and employees.
(2)
Toilet and hand-washing facilities shall be in working
condition at all times, and kept clean and sanitary.
(3)
Each hand-washing sink shall have a soap dispenser
and disposable towels or an air dryer for hand drying.
J.
Lighting and ventilation:
(1)
Lighting shall be sufficient to provide adequate illumination
in the work area.
(2)
The shop/salon shall be properly and adequately ventilated
to remove excess heat, vapors, and odors.
(3)
Windows and doors shall be effectively screened against
insects, rodents and other vermin. Insect and vermin entry must be
otherwise precluded at all times.
Swimming pools and spas shall conform to municipal
ordinances, state statutes, and Chapter IX of the State Sanitary Code,
entitled "Public Recreational Bathing" (N.J.A.C. 8:26).
All sewage shall be disposed of by means of
a public sewerage system or, where a public sewerage system is not
available, in accordance with the provisions of the Standards for
the Construction of Individual Subsurface Sewage Disposal Systems
(N.J.A.C. 7:9) 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.
A.
Rules applicable to food service, milk and water supply
include:
B.
Drinking fountains, if provided, shall be constructed
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. Wastewater
from the bowl shall be discharged to a suitable drain by means of
a pipe with a suitable air gap.
A.
This chapter shall be enforced by the Health Officer
of the Borough of Paramus, or his/her designee.
B.
Failure to comply with the provisions of this chapter
and applicable state regulations shall be grounds for the issuance
of a court summons.
C.
If, in the opinion of the Health Officer, the operation
constitutes an imminent hazard to public health, including, but not
limited to, any one of the following: 1) there is an outbreak of an
infectious, pathogenic or toxic agent capable of being transmitted
to consumers; or 2) 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; or 3) there
is a sewage backup into the facility; or 4) an unlicensed individual
is performing procedures requiring licensure by the New Jersey State
Board of Cosmetology; or 5) any other violations of this chapter which
are deemed by the Health Officer to be an imminent hazard to public
health, the Health Officer may present evidence thereof to the Borough
Attorney, who may institute legal action to close the premises for
business until such time as the hazard no longer exists and a reinspection
can be conducted.
A.
For any violation of any provision of this chapter,
the following shall apply:
(1)
For any violation of any provision of this chapter,
the Health Officer or his/her designee or any other law enforcement
officer may issue a summons and complaint, in usual form, returnable
in the Municipal Court of the Borough of Paramus or such other court
as may be permitted by law.
(2)
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 $2,000 and imprisonment for 90 days for the second
and subsequent offenses, or the maximum penalties otherwise permitted
by law.
B.
Each day (consisting of a twenty-four-hour period
beginning at 12:01 a.m.) during which a continuing violation of this
chapter continues shall constitute a separate violation and shall
incur the penalties set forth herein, at the discretion of the Health
Officer or his/her designee.
