[HISTORY: Adopted by the Town Council of the Town of New
Canaan 4-11-2006, effective 4-28-2006. Amendments noted where applicable.]
For the purpose of this chapter, the following words shall have
the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning. Words not specifically defined
shall carry their customary meaning.
Practices as defined in § 20-234 of the Connecticut
General Statutes, as the same may be amended from time to time, and
includes the following described practices upon the head, face, scalp,
or neck for cosmetic purposes and done for the public, with or without
compensation therefor: 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.
Any establishment engaged in the practice of barbering.
Generally, any establishment offering any of the following
services covered by this chapter: barbering, hairdressing, cosmetology,
manicures, pedicures, and/or waxing. The following are specific types
of beauty shops: barbershops; hairdressing shops; cosmetology shops;
nail salons; waxing establishments; spas providing covered services.
The Director of Health of the Town of New Canaan or his/her
duly authorized representative.
Practices as defined in § 20-250 of the Connecticut
General Statutes, as the same may be amended from time to time, and
includes: 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 of any person for compensation, provided nothing in
this section shall prohibit an unlicensed person from performing facials,
eyebrow arching, shampooing, manicuring of the fingernail or, 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, or braiding hair.
Any establishment engaged in the practice of hairdressing
or cosmetology for the public.
A modular space which can be used for multiple purposes through
the use of mobile equipment.
Any establishment offering services primarily relating to
beautification of the nails of the hands and feet, for compensation,
including manicures or pedicures and other services offered by a nail
technician.
A person, who for compensation, cuts, shapes, polishes, or
enhances the appearance of the nails of the hands and/or feet, including,
but not limited to, the application and removal of sculptured or artificial
nails.
Any person, including, but not limited to, a licensed hairdresser/cosmetician
or barber, or unlicensed person who is performing tasks allowed under
the scope of this chapter and the Public Health Code of the State
of Connecticut.
The following described practices can be performed by an
unlicensed individual under the supervision of a licensed hairdresser/cosmetician
in the State of Connecticut:
A station consisting of a shampoo bowl (sink) and a shampoo
chair.
The removal of superfluous hair from the surface of the skin
by means of hot wax applications.
Any establishment offering waxing services for compensation.
Any spa or other establishment offering waxing services shall be covered
by this chapter.
A separate room with more than one work station, or a private
room set aside to serve one customer at a time.
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.
A.
No
beauty shop shall be relocated, constructed, remodeled or extensively
altered, nor shall a structure be converted to use as a beauty shop,
except in accordance with plans and specifications approved by the
New Canaan Health Department.
B.
Properly
prepared plans drawn to scale of not less than one-quarter inch equals
one inch, and specifications for such construction, remodeling or
alteration, shall be submitted to the Director of Health for review
and approval before relocation, construction, remodeling, alteration
or conversion is begun. The plans and specifications shall indicate
the proposed layout, arrangement and construction materials of work
areas and the type and model of proposed fixed equipment and facilities.
The plans and specifications shall be submitted with forms furnished
by the Director of Health. The Director of Health shall approve the
plans and specifications if they meet the requirements of this chapter
and the Public Health Code of the State of Connecticut.
C.
Prior
to the beauty shop's opening, the Director of Health shall conduct
a preoperational inspection to determine compliance with the approved
plans and specifications and with the requirements of this chapter
and the Public Health Code of the State of Connecticut.
A.
No
person shall maintain or operate any beauty shop without having a
valid permit issued by the Director of Health. Only a person who complies
with the requirements of this code shall be entitled to receive or
retain such a permit. In addition to such permit for the shop, any
independent contractor operating within the shop shall have a separate
permit for his or her work stations.
B.
Application
for a permit shall be made on forms furnished by the Director of Health,
wherein the applicant shall state and sign his/her name, address,
the address of the place of business, and give such other pertinent
information as the Director of Health may require. All permits are
valid for one year or a portion thereof, and are renewable each year
on or before January 1 of each year.
C.
Every
applicant for a permit shall pay an annual permit fee as determined
by the New Canaan Board of Selectmen.
D.
No
permit shall be issued or renewed until a completed application has
been submitted, the permit fee has been paid and the applicant's
beauty shop meets the requirements set forth in this chapter and all
other applicable state and local regulations.
E.
Permits
shall be valid until the expiration date indicated on the permit unless
suspended or revoked by the Director of Health, or until such time
as the facility changes owners, closes or goes out of business.
F.
Permits
shall not be transferable from person to person or from location to
location.
G.
The
Director of Health, after proper identification, shall be permitted
to enter, during operating hours, any portion of any beauty shop for
the purpose of making inspections to determine compliance with this
chapter and the Public Health Code of the State of Connecticut. The
Director of Health may require proof of state licenses from each person
performing work that requires such a license.
H.
A
temporary permit to operate a beauty shop may be granted for a period
not to exceed 14 calendar days. A temporary permit would be required
for conducting a public demonstration, a fund-raising event or a public
convention.
At least once a year, the Director of Health shall inspect each
beauty shop and shall make as many additional inspections as are necessary
for the enforcement of this chapter and the Public Health Code of
the State of Connecticut. Any shop offering pedicures as a service
will be inspected a minimum of twice a year.
A.
Failure
to comply with the provisions of this chapter and applicable regulations
shall be grounds for revocation or suspension of any permit issued
under the provisions of this chapter.
B.
In
the event that the Director of Health finds unsanitary conditions
in the operation of a beauty shop, or if a violation or set of violations
appears on more than one consecutive inspection report, the Director
of Health may immediately issue a written notice to the permit holder,
or person in charge, citing such conditions, specify the corrective
action to be taken and time frame within which action shall be taken.
If correction is not made in the allotted time, the permit may be
revoked or suspended.
C.
The
Director of Health may suspend, without warning, prior notice or hearing,
any permit to operate a beauty shop, in the following circumstances:
D.
An
imminent health hazard shall include, but is not limited to, any one
of the following:
(1)
An ongoing outbreak of an infectious, pathogenic or toxic agent capable
of being transmitted to consumers.
(2)
The 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 facility.
(3)
A sewage backup into the facility.
(4)
An unlicensed individual performing procedures requiring licensure
by the Public Health Code of the State of Connecticut.
E.
Suspension
shall be effective upon delivery of the written order to the permit
holder or person in charge of the facility by the Director of Health.
When a permit is suspended, all beauty shop services shall cease immediately
and shall not resume until written approval to resume has been issued
by the Director of Health. The Director of Health shall remove a suspended
permit from the premises.
F.
When
a permit is suspended, the holder of a permit, or the person in charge,
shall be notified in writing of the suspension, and an opportunity
for a hearing will be provided if a written request for hearing is
filed with the Director of Health by the holder of the permit within
48 hours. The Director of Health may end the suspension at any time
by giving written notice to the permit holder if reasons for suspension
no longer exist.
G.
Upon
receiving a request for a hearing, the Director of Health shall immediately
examine the merits of such suspension and may vacate, modify or affirm
such suspension.
H.
The
permit holder who is aggrieved by such action of the Director of Health
may, within 48 hours after the making of such decision, appeal to
the Commissioner of the State of Connecticut Department of Public
Health, who shall thereupon immediately notify the authority from
whose order the appeal was taken and examine the merits of such suspension
and may vacate, modify, or affirm such suspension.
A.
The
Director of Health, after providing opportunity for hearing, may revoke
or refuse to renew the permit of any person for serious or repeated
violations of any of the provisions of this code, or for interference
with the Director of Health in the performance of official duties
or for cases where the permit to operate has been obtained through
nondisclosure, misrepresentation or intentional misstatement of a
material fact.
B.
Prior
to revocation or nonrenewal, the Director of Health shall notify the
permit holder, or person in charge at the facility of the specific
reason(s) for such revocation or nonrenewal, and that the permit shall
be revoked or not renewed at the end of 10 calendar days following
service of such notice, unless a written request for hearing is filed
with the Director of Health by the holder of the permit within 48
hours of such notice. If no request for a hearing is filed within
48 hours of such notice, the revocation or nonrenewal becomes final.
The Director of Health shall remove a revoked permit from the premises.
A.
Suspension.
Whenever a permit has been suspended, the holder of the suspended
permit may make written request for permit reinstatement. Within 10
days following receipt of a written request, including a statement
signed by the applicant that, in his or her opinion, the conditions
causing the suspension have been corrected, the Director of Health
shall make a reinspection. If the Director of Health determines that
the applicant has complied with the requirements of this chapter and
the Connecticut State Public Health Code, the permit shall be reinstated
and returned to the permit holder upon payment of all outstanding
fees.
B.
Revocation/nonrenewal.
After a period of 60 days from the date of revocation or refusal to
renew, a written application may be made for the issuance of a new
permit. This application will be treated as a new application. All
appropriate procedures and inspections will be required, including
a plan review.
The Director of Health shall conduct the hearings provided for
in this chapter at a time and place designated. The Director of Health
shall summarize the proceedings of such hearings and provide sufficient
copies. The Director of Health shall make a final finding based upon
the complete hearing record, and shall sustain, modify or rescind
any notice or order considered in the hearing. The Director of Health
shall furnish a written report of the hearing decision to the permit
holder within 10 calendar days of the hearing date.
A notice or order provided for in this chapter is properly served
when it is delivered to the permit holder, or person in charge, or
when it is sent by registered or certified mail, return receipt requested,
to the last known address of the holder of the permit. A completed
and signed inspection report shall constitute a written notice.
A.
Water supply. An adequate supply of hot and cold running water, at
proper temperatures, from a municipal or approved private source shall
be provided for service for customers, cleanliness of employees and
for washing floors, walls, ceiling and equipment.
B.
Hot water. Hot water at any faucet shall not exceed 110 F.
C.
Waste disposal. Wastewater from all fixtures shall be discharged
into municipal sewers. Otherwise, suitable facilities shall be installed
for the absorption of the wastes by the soil in subsurface sewage
disposal systems in accordance with provisions of the Public Health
Code of the State of Connecticut and the New Canaan Health Department.
D.
Plumbing fixtures.
(1)
Plumbing fixtures shall be of impervious material and of a type which
is easily cleanable. They shall be free from cracks and from parts
which are not readily accessible for cleaning. They shall be of a
type which does not constitute a hazard to a public supply through
backsiphonage, or cross-connection.
(2)
All plumbing installation and fixtures shall conform to applicable
building and plumbing codes.
(3)
Shampoo bowls shall be used for barbering, hairdressing and cosmetology
work only.
(4)
A utility sink shall be provided for proper cleaning of surfaces
and equipment.
(5)
At least one handwash facility shall be located in each private treatment
room and in each work area in order to provide for proper handwashing
before serving each customer. Those premises in operation prior to
the effective date of this ordinance are exempt.
(6)
A mop sink must be provided for cleaning the facility. Those premises
in operation prior to the effective date of this ordinance are exempt
from this requirement.
E.
Floors. Floors should be nonporous and of such construction as to
be easily cleaned. Floors where tinting or shampooing are done, or
where chemicals for bleaching hair are used, shall have hard and washable
surfaces. Floors shall be kept clean and in good repair. If carpeting
or similar material is used for floor covering, it shall be of light
color with a single loop pile of not more than 1/4 inch in height.
Such floor covering shall be kept clean by vacuuming at least daily
and shampooing at least once annually and more frequently if the covering
is not clean.
F.
Lighting. Lighting fixtures shall be in sufficient number and properly
placed so as to provide adequate illumination.
G.
Ventilation. The shop shall be properly and adequately ventilated
so as to remove excess heat and odors. Salon ventilation shall comply
with state and local building codes and ordinances.
H.
Cabinets. Cabinets shall be provided for storage of clean linen,
towels, blankets, and gowns. Cabinets shall have tight-fitting doors
that shall be kept closed to protect the linen, towels, blankets,
and gowns from dust and dirt.
I.
Receptacle for used towels and gowns. A covered receptacle, which
can be readily emptied and cleaned, shall be provided and maintained
in a sanitary manner. Chemically soiled towels and linens shall be
stored in fire-retardant containers.
J.
Refuse. Covered containers for hair droppings, paper and other waste
material shall be provided and maintained in a sanitary manner.
K.
Toilet facilities.
(1)
Adequate facilities and hand wash sinks must be provided for customers
and employees. Such facilities and washbasins shall be kept clean
and in working order.
(2)
Adequate and conveniently located hand washing facilities shall be
provided with hot and cold running water, a sanitary soap dispenser
and single-use towels for customers and employees.
(3)
The use of common soap for more than one person is prohibited.
(4)
A covered refuse receptacle shall be provided in the ladies room.
(5)
The doors of all toilet rooms shall be self-closing.
L.
Work stations.
(1)
Chairs in work stations shall be at least 54 inches apart, center
to center. Those premises in operation prior to the effective date
of this ordinance are exempt from this requirement.
(2)
A two-foot-wide workspace shall be maintained behind each chair for
the operator. Those premises in operation prior to the effective date
of this ordinance are exempt from this requirement.
(3)
Three-foot-wide aisles that are separate and discrete from work areas
shall be maintained throughout the shop.
(4)
No hair dryers shall be placed in any waiting room or encroach on
the required three-foot-wide aisle space.
(6)
Mobile stations must be designed to provide the same workspace and
separating distances as fixed stations. For a mobile station, it is
assumed that the dryer can be accommodated in the workspace designated
for the operator.
M.
Beauty shop in residence. In addition to zoning and other permits
that may be required:
(1)
A beauty shop located in a residence must be confined to a separate
room, separated with ceiling-high partitions and provided with a door
to be closed at all times.
(2)
The area within a home operated as a beauty shop must be equipped
with the facilities and instruments required in all such establishments.
A.
General cleanliness.
B.
Walls, ceilings and fixtures.
(1)
Ceilings shall be kept in good repair, and cracks in walls, especially
around baseboards, shall be filled in so as to prevent the harboring
and breeding of insects.
(2)
Cabinets, shelves, furniture, shampoo bowls and fixtures shall be
kept clean and free of dust, dirt and hair droppings. Arms, seats,
and rests of chairs shall be wiped of hair droppings after serving
each customer.
C.
Sanitary services.
(1)
No person affected with infectious disease shall be attended.
(2)
A towel shall not be used for more than one person without being
properly laundered before each use.
(3)
A sanitary paper strip or clean towel shall be placed completely
around the neck of each customer before an apron or any other protective
device is fastened around neck.
(4)
Clean towels shall be delivered in closed container and kept in a
clean, closed cabinet or closet. A commercial linen service shall
be used for laundering if not done on premises.
D.
Sanitation of equipment and implements.
(1)
Hair brushes, combs, and all other implements used on a customer
shall be kept clean and sanitary at all times and shall undergo thorough
cleansing and sanitizing after serving each customer or single-service
disposable implements shall be used.
(2)
Cleaned and sanitized implements shall be stored in sanitary-covered
containers which shall contain a disinfectant, or in a clean drawer.
(3)
After handling a customer affected with an eruption or whose skin
is broken out or is inflamed or contains pus, the instruments shall
be effectively cleaned, washed with soap or a detergent and water,
then rinsed with water having a temperature of at least 170° F.
or allowed to remain for five minutes in alcohol (70% to 80%) or some
other approved disinfectant or sanitizing process.
(4)
Shaker-top containers must be provided for dispensing lotions and
powders.
(5)
Single-service towels, papers and other material shall be disposed
of in the proper receptacle immediately after use and shall not be
used again.
(6)
All disposable materials that come into contact with blood and/or
body fluids shall be disposed of in sealable plastic bags prior to
placing in the waste receptacle.
(7)
All articles that come into contact with the customer's skin,
nails, or hair that cannot be effectively cleaned and sanitized shall
be disposed of in a covered waste receptacle immediately after use.
Exception: Orangesticks, emery boards, buffing squares, cosmetic sponges,
and disposable nail bits may be kept for the original customer if
kept in a covered container labeled with the customer's name.
E.
Shaving brushes, mugs, finger bowls and credo blades. The use of
shaving brushes, mugs and credo blades is prohibited. The use of finger
bowls for manicuring purposes is allowed, but the finger bowl must
be properly cleaned and sanitized after each customer. Disposable,
single-use finger bowls may be used.
F.
Alum and other astringents. Alum or other material used to stop the
flow of blood shall be applied in powdered or liquid form only.
G.
Neck dusters, powder puffs, makeup brushes and sponges. Except as otherwise provided in Subsection D(7), the use of brush neck dusters, powder puffs, makeup brushes and sponges is prohibited unless they are single-use disposable implements.
H.
Foods and beverages. Foods and beverages shall not be prepared, stored
or sold on the permitted premises, except with a valid food permit
from the New Canaan Health Department. 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 premises.
I.
Animals, pets, or live birds. No animals, pets, or live birds shall
be kept in any beauty shop. This prohibition does not apply to trained
guide dogs (or dogs in training) for the disabled, sightless, or hearing
impaired.
A.
Cleanliness of operators. The hands of the operator shall be thoroughly
washed with soap and warm water before serving each customer and immediately
after using the toilet, or after eating.
B.
Health of operators. No person known to be affected with any communicable
disease in an infectious stage shall engage in or be employed in any
beauty shop.
C.
Operators shall not eat or drink while providing services to a customer.
No operator shall smoke while providing services to a customer.
Operators shall wear, while attending any customer in a beauty
shop, clean, washable garments having at least one-quarter-length
sleeves. Use of single-service rubber or surgical gloves is recommended
while performing manicures or pedicures.
A.
The proper use of an autoclave is recommended and shall be an acceptable
method for sanitization of implements.
B.
The following chemical methods constitute satisfactory sanitization
of implements. No method is considered effective without prior cleaning
with detergent (soap, trisodium phosphate, etc.).
|
Disinfectant
|
Type of Use
|
Comments
|
|---|---|---|
|
Quanternary ammonium compounds
|
1:1000 dilution for 30 seconds
|
One of the most recent developments because they are odorless,
nontoxic, highly stable and noncorrosive
|
|
Boiling water
|
5 minutes
|
The addition of 1% sodium carbonate will prevent rusting
|
|
Lysol (or compound cresol solution or phenolic compound)
|
5% solution for 3 minutes 2% solution for 10 minutes
|
For use on colored gowns or towels
|
|
Commercial formalin
|
10% solution for 1 minute
|
May be irritating; deteriorates on standing
|
|
Alcohol (70% ethyl alcohol or 99% isopropyl alcohol)
|
3 minutes
| |
|
Lubricant sanitizer
|
Recommended for electric clippers
| |
|
Other EPA-registered disinfectant
|
Use according to manufacturer's instructions
|
C.
Chemicals suitable for low-temperature washing (less than or equal
to 158° F.) of towels and linens shall be used. Lysol or household
bleach (sodium hypochlorite) shall be used according to manufacturer's
specifications. Color safe bleach may not be used.
D.
Nonchemical methods of sanitizing must be approved in writing by
the Director of Health. Equipment specifications shall accompany requests
for approval.
The following are recommended sanitizing techniques for electric
clippers:
B.
Nondetached head-type:
(1)
Place covered shallow glass jar at work shelf opposite every barber
chair.
(2)
After use, brush out excess hair and grease; wipe cutting blades
clean.
(3)
Immerse blade in combination lubricant-sanitizer, run clipper while
immersed for 10 seconds.
(4)
Remove clipper and allow blades to drain 10 minutes on a clean towel
or tissue, preferably in a cabinet reserved for tools all ready for
use. Wipe blades clean with a fresh disposable tissue.
