The purpose of this chapter is to establish regulations and
permit requirements for the operation of massage and bodywork therapy
establishments in order to protect and preserve the health, safety
and welfare of the citizens of the Borough of Middlesex, and the patrons
of such establishments, and to minimize and control adverse utilization
of such establishments to preserve the quality of life, protect and
preserve the character of the Borough.
For the purpose of this chapter, the following terms, phrases
and words shall have the meanings stated herein.
MASSAGE AND BODYWORK THERAPIES
The 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 and bodywork principles.
Such application may include, but is not limited to, the use of therapies
such as heliotherapy or hydrotherapy, the use of moist hot and cold
external applications, explaining and describing myofascial movement,
self-care and stress management as it relates to massage and bodywork
therapies. Massage and bodywork therapy practices are designed to
affect the soft tissue of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage and bodywork
therapies do not include the diagnosis of illness, disease, impairment
or disability.
MASSAGE AND BODYWORK THERAPIST
A person certified and/or licensed to practice massage and
bodywork therapies pursuant to the provisions of the Massage, Bodywork
and Somatic Therapist Certification Act, N.J.S.A. 45:11-53.
MASSAGE AND BODYWORK THERAPY ESTABLISHMENT
Any establishment, business or operation wherein massage
and bodywork therapies are administered or are permitted to be administered,
which shall include the operation of an outcall massage and bodywork
therapy service.
Upon receipt of an application for a massage and bodywork therapy
establishment permit, the Borough Clerk shall refer the application
to the Construction Code Official, the Fire Department, the Police
Department, the Health Officer and the Zoning Officer, which departments
may inspect the premises where the proposed massage and bodywork therapy
establishment is to be maintained, operated or conducted. No massage
and bodywork therapy establishment shall be issued a permit or be
maintained, operated or conducted in the Borough unless an approval
by the Health Official, Construction Official, Zoning Officer, and
Fire Marshal has been granted indicating that the establishment complies
with the minimum requirements of the construction, zoning, building
and health codes for businesses operating in the Borough of Middlesex.
The massage and bodywork therapy establishment shall display
the permit issued by the Borough, and the certificate and/or license
issued by the State of New Jersey to each and every massage and bodyworks
therapist pursuant to N.J.S.A. 45:11-53 et seq. and N.J.A.C. 13:37-16.1 et seq. employed and/or conducting business at the establishment,
in an open and conspicuous place within the premises of the establishment.
The Health Official, Construction Official, and/or the Fire
Marshal shall, from time to time, and at least once a year, make an
inspection of each massage and bodywork therapy establishment within
the Borough for purposes of determining whether or not the provisions
of this chapter are being complied with. The Police Department shall
also, from time to time, conduct inspections of each massage and bodywork
therapy establishment to determine if there are any violations of
this chapter and/or violations of any other ordinance of the Borough
of Middlesex or the laws of the State of New Jersey on the premises.
Such inspections, unless it appears that a violation of the temporal
limitations on hours of operation exists, shall be made at reasonable
times and in a reasonable manner. It shall be unlawful for any massage
and bodywork therapy establishment to fail to allow such inspection
officer access to the premises or to hinder such officer in any manner.
If any massage and bodywork therapy establishment reasonably appears
to be operating outside of the hours permitted hereunder, the Health
Official, Construction Official, Fire Marshal and/or Police Department
may immediately enter the premises notwithstanding any limitations
to entry herein.
No part or portion of any massage and bodywork therapy establishment
shall be used for or connected with any bedroom or sleeping quarters,
nor shall any person sleep in such massage and bodywork therapy establishment,
except for limited periods incidental to and directly related to a
massage and bodywork therapy treatment. This provision shall not preclude
the location of a massage and bodywork therapy establishment in separate
quarters of a building housing a hotel, motel or other separate business.