[HISTORY: Adopted by the Common Council of
the City of Middletown 11-7-1994; amended 5-4-1998; amended in
its entirety 10-1-2018 by Ord.
No. 14-18. Subsequent amendments noted where applicable.]
The Director of Health or his or her designee shall have the
full power to enter and inspect all barbershops, salons, and tanning
salons within the City of Middletown during their usual business hours
to ensure proper sanitary conditions.
The practice, as stated in Connecticut General Statutes § 20-234,
when done upon the head, face and neck for cosmetic purposes and done
for the public, with or without compensation therefor, shall be construed
as practicing the occupation of barber or master barber within the
meaning of this chapter: shaving or trimming the beard; cutting hair;
styling or cutting hairpieces and wigs; giving facial and scalp massages
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.
Involves the puncturing, piercing, or creating a channel
through any part of the body other than the earlobe (i.e., lower portion
of the auricle having no cartilage) for the purpose of inserting a
decorative object.
Encompasses the terms "salon," "tanning salon" and "barbershop"
when used collectively.
As defined in Connecticut General Statutes § 20-250.
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 definition
shall prohibit an unlicensed person from performing facials, eyebrow
arching, shampooing or manicuring of the fingernails 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.
A person who, for compensation, cuts, shapes, polishes, or
enhances the appearance of nails of the hands or feet, including,
but not limited to, the application and removal of sculptured or artificial
nails as set forth in Connecticut General Statutes § 19a-231.
An individual designated by the tanning facility to control
operation of the tanning facility and to instruct and assist the consumer
in the proper operation of the tanning device.
Includes any shop, store, day spa, or other commercial establishment
at which the practice of barbering, as described in Connecticut General
Statutes § 20-234, hairdressing and cosmetology, as defined
herein and in Connecticut General Statutes § 20-250, or
the services of a nail technician, or any combination thereof, is
offered and provided.
A person practicing tattooing on another person [Connecticut
General Statutes § 20-266n(5)].
Any equipment that emits radiation used for tanning of the
skin, such as a sunlamp, tanning booth or tanning bed that emits ultraviolet
radiation, and includes any accompanying equipment, such as timers
or handrails.
Any place where a tanning device is used for a fee, membership
dues, or other compensation as stated in Connecticut General Statutes
§ 19a-232.
Marking or coloring, in an indelible manner, the skin of
any person by pricking with coloring matter by injection into the
skin with permanent dye or ink or by producing scars. (Connecticut
General Statutes § 19a-92a[1]).
A person who practices tattooing on another person; effective
July 1, 2014, shall include any and all described practices permitted
by state law performed by a tattoo artist/technician licensed in the
State of Connecticut. (Connecticut General Statutes § 20-266n)
Any equipment, instruments or utensils used in the application
of ink to the skin, including permanent cosmetics.
A separate room with one or more work stations, 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.
[1]
Editor’s Note: Connecticut General Statutes § 19a-92a
was repealed 2013, P.A. 13-234 § 157, effective 7-1-2014.
A.Â
License/inspection. No person shall operate a salon, barbershop,
tattoo or body piercing studio, or tanning salon without first obtaining
a license and inspection from the Director of Health, or his or her
duly authorized designee.
B.Â
Expiration of license; renewals. Unless otherwise indicated, a license
shall expire on the one-year anniversary of the license and may be
renewed for another year upon application and payment of the annual
fee, provided that the establishment is in compliance with this chapter,
the Connecticut Public Health Code and any other applicable codes,
regulations or statutes.
C.Â
Application; fee. The form for the license shall be supplied by the
Department of Health, which shall require the submittal of a complete,
detailed floor plan of the facility together with payment of the annual
license fee of $50. No portion of the fee will be refunded in the
event of the termination of the license prior to its expiration date
for any reason. Prior to the issuance of a license, the Director of
Health, or his or her designee, shall review the plans for a new or
renovated facility or for a facility where there has been a change
of ownership and will conduct an on-site inspection for compliance
with this chapter, with the Connecticut Public Health Code, and any
other applicable codes, regulations or statutes. The license shall
be in the name of the owner of the establishment being licensed.
D.Â
Approval. The Director of Health, or his or her designee, shall issue
a license to the applicant, provided that the inspection reveals that
the establishment complies with all the requirements of this chapter,
the Connecticut Public Health Code, and any other applicable codes,
regulations or statutes.
E.Â
Annual inspection/right of entry. Pursuant to Connecticut General Statutes § 19a-231, as amended, the Director of Health, or his or her designee, shall be permitted to enter any portion of any establishment during normal operating hours for the purpose of making inspections to ensure compliance with this chapter, the Connecticut Public Health Code, and any other applicable codes, regulations or statutes. At a minimum, such inspection shall occur at least once annually and before the issuance of a license pursuant to this chapter. The fee for any inspections required under this chapter shall be $100. Additionally, an inspection by the Department of Health shall be required for all new establishments or when there is a change in ownership of an existing establishment and the fee for such inspections shall be $100. Any inspection fee due under this section shall be separate and distinct from the license fee required under § 112-3C herein.
F.Â
Nonassignability. In the case of a transfer of ownership of an existing
establishment to a new owner, the new owner shall submit an application
for a license on the forms provided by the Health Department, together
with the annual license fee and any necessary inspection fees as set
forth herein. The establishment shall be brought into compliance with
this chapter, the Connecticut Public Health Code, and any other applicable
codes, regulations or statutes by correcting all violations before
a license may be issued. The license is not transferable or assignable.
G.Â
Termination of license. A license may be terminated by expiration,
revocation for the failure to comply with any provision of this chapter,
or for the maintenance of any unsanitary condition, which in the judgment
of the Director of Health, or his or her designee, constitutes a hazard
to health. A license shall be terminated when the person to whom it
is issued ceases to be in charge of the licensed establishment or
when there is a change in ownership of such establishment.
Any license issued under this chapter may be revoked by the
Director of Health, or his or her duly authorized designee, in accordance
with this chapter, whenever the Director of Health, or his or her
duly authorized designee, finds a hazard to the public health or the
existence of a violation under this chapter, the Connecticut Public
Health Code, and any other applicable codes, regulations or statutes.
When the Director of Health uncovers such hazard or violation, he/she
shall issue a written notice to the license holder citing the conditions,
specifying the corrective action to be taken, and specifying the time
period within which the action shall be taken. If the corrective action
is not taken within the time period set forth in the written notice,
a written order shall be issued revoking the license and prohibiting
further use of the establishment until said violations are corrected.
If the conditions, in the judgment of the Director of Health, or his
or her duly authorized designee, constitute a substantial hazard to
the public health, he/she may immediately revoke the license or order
immediate correction.
Pursuant to Connecticut General Statutes § 19a-232,
an operator shall not allow any person under 17 years of age to use
a tanning device. Any operator who, knowing that a person is under
17 years of age or under circumstances where such operator should
know that a person is under 17 years of age, allows such person to
use a tanning device shall be fined not more than $100. Such fine
shall be payable to the City of Middletown and collected by the Director
of Health, or his or her duly authorized designee.
Any license issued under this chapter shall be displayed in
a prominent place at the salon, barbershop, or tanning salon. Failure
to do so may result in revocation of a license issued under this chapter.
All shops, stores or places of business shall be properly equipped
to conduct the business of hairdressing and cosmetology, as well as
tattoo and body piercing studios. There shall be one wash bowl for
each shampoo chair and three operators. Shampoo bowls shall be used
for hairdressing and cosmetology work only. A utility sink shall be
provided for proper cleansing of instruments. Shampoo bowls, cabinets,
combs, brushes, hand sinks, and towels shall be provided by the shop
owner and be in good working condition and clean. Booths or working
areas shall provide 36 square feet as minimum area for each operator
employed in the shop. This area shall not include any space devoted
to waiting rooms and other purposes. No dryers shall be placed in
any waiting room or in the three-foot passageway, which is the minimum
amount of space for passageways that shall be maintained throughout
the shop.
A.Â
No attendant who is affected with any infectious disease in a communicable
form shall attend to any person without taking appropriate precautions.
Attendants shall wash their hands thoroughly with soap and hot water
before attending to any person. Attendants shall wear clean, washable
uniforms at all times. No animals or pets shall be kept in a beauty
salon or studio.
B.Â
All brushes, combs, instruments and applicators shall be cleansed
and disinfected after each use. Individual head rest coverings shall
be supplied for each person. In manicuring, a clean paper lining for
the finger bowl shall be used for each person. Brushes, scissors,
clippers, tweezers, combs, rubber discs, parts of vibrators and other
utensils and appliances shall be disinfected after use upon any person.
No tools shall be left exposed on work stands, but after each use
shall be cleansed, disinfected and kept in a clean, closed drawer
or cabinet. No towel shall be used for more than one person without
being laundered. Clean towels shall be delivered in bags and kept
in a clean, closed cabinet or closet. Suitable containers for soiled
towels, brushes and combs shall be provided. No powder puff, sponge,
neck duster or brush roller shall be used for more than one person.
The use of solid soap in common, or for more than one person, is prohibited.
All hair dropping upon the floor shall be removed therefrom as soon
as possible and in such manner as not to cause a nuisance.
C.Â
Proper ventilation shall be provided for excess heat and odors. Floors
shall have hard washable surfaces in areas where tinting or shampooing
is done or where such chemicals as sodium hydroxide, peroxide or thioglycolate
are used. Floors shall be maintained in a clean state at all times.
Toilets shall meet requirements of the regulations governing plumbing
in the public code.
D.Â
Effective EPA-approved sanitizing solution shall be used for brushes,
combs, and other implements.
E.Â
An adequate supply of hot and cold running water at proper temperature
from a municipal or approved private source shall be provided for
service of customers, cleanliness of employees, and for washing of
floors, walls, ceilings, and equipment. There shall be a minimum of
one hand washing facility conveniently located in or adjacent to each
private treatment room and in each work area and bathroom in order
to provide for proper hand washing.
F.Â
Tattoo license required; age restriction.
(1)Â
No person shall engage in the practice of tattooing unless the person
is a licensed tattoo technician per Connecticut General Statutes Chapter
387a, Sections 20-266n through 20-266s.
(2)Â
No person shall tattoo or perform body piercing (see definition)
on an unemancipated minor under 18 years of age without the written
permission of the minor's parent or legal guardian. Permission
forms shall be held on site for one year.
G.Â
All reusable equipment that comes into contact with the blood or
skin must be properly sterilized by thoroughly cleaning with an ultrasonic
machine or other approved method and then holding in a steam autoclave
at an adequate temperature, time and pressure, or another equal process.
Verification of achieving sterilization with temperature-sensitive
indicator tape is required to be included in every batch placed in
an autoclave following manufacturer instruction regarding spore (Bacillus
stearothermophilus) testing. Documentation by a licensed laboratory,
to ensure sterilization capability of the autoclave, must be maintained
for two years. The Middletown Health Department must be notified within
24 hours of receipt of a report that nonsterile conditions were identified.
Single-use disposable needles and ink tubes are highly recommended.
H.Â
Sterilized water shall be used for dilution of any tattoo ink.
I.Â
Connecticut Department of Health and Department of Energy and Environmental
Protection requirements must be followed regarding the disposal of
sharps and biomedical waste.
All operators and employees of a salon, barbershop, tattoo or
body piercing studio, or tanning salon that are engaged in the practices
described herein shall hold the proper professional license issued
by the State of Connecticut. Failure to do so may result in revocation
of a license issued under this chapter.
