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Town of Franklin, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Franklin 4-20-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 264.
For the purpose of these regulations and unless defined in other sections the terms, phrases, and words shall have the following meanings:
ANTISEPTICS and GERMICIDES
Used to prevent inflection and decay by inhibiting the growth of microorganisms. Because these products are used in or on living humans or animals, they are considered drugs and are thus approved and regulated by the Food and Drug Administration (FDA).
BOOTH
A manicurist work station located within a manicurist establishment.
COSMETOLOGY
Any one or a combination of the following practices when performed upon the scalp, face, neck, shoulders, chest, back, arms, hands or feet of a person for cosmetic purposes only.
DIRECTOR
The Health Department Director of Health or his or her authorized representative.
DISINFECTANTS
Used on hard inanimate surfaces and objects to destroy or irreversibly inactivate infectious fungi and bacteria but not necessarily their spores. Disinfectant products are divided into two major types: hospital and general use. Hospital-type disinfectants are the most critical to infection control and are used on medical and dental instruments, floors, walls, bed linens, toilet seats, and other surfaces. General disinfectants are the major source of products used in households, swimming pools, and water purifiers.
DWELLING
Any building or shelter or part thereof that is intended or used for human habitation.
DWELLING UNIT
A room or group of rooms located within a dwelling forming a single habitable unit with facilities intended or used for living, sleeping, cooking, or eating or any combination.
HOT WATER
Water heated to a temperature of not less than 110° F. (43° C.) at the outlet.
MANICURING
The practice of cutting, trimming, lacquering, polishing, coloring, cleansing the nails, massaging, cleaning, treating, applying or removing artificial finger and/or toe nails, beautifying the hands, fingers, feet, or toes of any person.
MANICURING SALON ESTABLISHMENT
Any shop, beauty salon or location, place, area, structure, or business that offers manicuring to the public.
MANICURIST
Any person engaged in the practice of manicuring, whether as owner, operator, instructor, demonstrator, manicurist, or student for compensation, either directly or indirectly, or without compensation for the public generally.
NEW MANICURIST ESTABLISHMENT
A manicurist establishment whose construction or operation has begun, following the effective date of these regulations.
OPERATOR
A person who owns, leases, or manages a manicurist establishment service or any person performing, manicuring.
OWNER
Any person who alone or jointly or severally with others:
A. 
Has legal title or interest in any premises manicurist establishment, or dwelling unit, with or without accompanying actual possession thereof; or
B. 
Has charge, care, or control of any premises, manicurist establishment, service, dwelling, or dwelling unit, as legal or equitable owner, agent of the owner, lessee, or is an executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner.
PERSON
Any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the state or its departments, institution, bureau, agency, County, City, political subdivision, or legal entity recognized by law.
SANITIZERS
Used to reduce, but not necessarily eliminate, microorganisms from the inanimate environment to levels considered safe as determined by public health codes or regulations. Sanitizers include food contact and non-food contact products. Sanitizing rinses for surfaces such as dishes and cooking utensils, as well as equipment and utensils found in dairies, food-processing plants, and eating and drinking establishments comprise the food contact sanitizers. These products are important because they are used on sites where consumable food products are placed and stored. Non-food contact surface sanitizers include carpet sanitizers, air sanitizers, laundry additives, and in-tank toilet bowl sanitizers.
STERILIZERS (SPORICIDES)
Used to destroy or eliminate all forms of microbial life, including fungi, viruses, and all forms of bacteria and their spores. Spores are considered to be the most difficult form of microorganism to destroy. Therefore, EPA considers the term "sporicide" to be synonymous with "sterilizer." Sterilization is critical to infection control and is widely used in hospitals on medical and surgical, instruments and equipment. Types of sterilizers include steam under pressure (autoclaving), dry-heat ovens, low-temperature gas (ethylene oxide), and liquid chemical sterilants. Gaseous and dry-heat sterilizers are used primarily for sterilization of medical instruments. Liquid sterilants are primarily used for delicate instruments which cannot withstand high temperature and gases.
It is the purpose of these regulations to regulate manicurist establishments and/or practice in a way that will:
A. 
Protect and promote the public health, safety, and welfare; and
B. 
Prevent the spread of disease.
All conditions within related to manicuring enumerated in § 238-2 shall be subject to the direction and control of the Department.
The Department (Board of Health), by the Director and or Agent, shall be responsible for the administration of these regulations and any other powers vested in it by law and shall:
A. 
Require the submission of reports, plans, and specifications for manicurist establishments as necessary to implement the provisions, requirements, and standards of these regulations;
B. 
Issue permits and charge fees as necessary to implement the provisions, requirements, and standards of these regulations as set forth in §§ 238-8 and 238-9;
C. 
Make inspections of any manicuring establishments and issue orders as necessary to effect the purposes of these regulations;
D. 
Take samples and make analyses of any material or require the sampling and analysis of any such materials; and
E. 
Do any and all acts permitted by law that are necessary for the successful enforcement of these regulations.
A. 
It shall be unlawful for any person to fail to comply with any regulation promulgated by the Department, unless expressly waived or varianced by these regulations. See § 238-13.
B. 
These regulations shall not apply to physicians, surgeons, nurses, other medical persons, or morticians, if duly licensed to practice their respective professions in the State of Massachusetts and if engaged in the personal performance of the duties of their respective profession in Norfolk County.
A. 
Before issuance of approval to construct or operate an establishment a report shall be submitted to the Department for review. Unless otherwise directed by the Department, the report shall include the following information:
(1) 
The name of the person submitting the plans, the name of the owner of the establishment service and the name, address, and telephone number of establishment;
(2) 
A scaled floor plan of the establishment and a description of the facilities to be used, including, but not necessarily limited to, the cosmetology storage area, and toilet and hand washing facilities, equipment, instruments and materials that will be used;
(3) 
Location of a separate entrance opening directly into the establishment, or opening directly into a hall or stairway leading directly to the establishment;
(4) 
The hours of operation of the establishment or service;
(5) 
The number of employees and students;
(6) 
The equipment, instruments, and materials that will be used;
(7) 
The methods of sterilizing or disinfecting equipment and instruments; and
(8) 
Any other information specifically requested by the Department to ensure compliance with these regulations.
(9) 
All training and state licenses for employees on record.
B. 
No person shall operate a cosmetology salon, manicuring salon or aesthetics salon without first obtaining from the State Board of Cosmetology a license (240 CMR 3.00: MGL c. 112, § 87CC) to operate such salon. Furthermore, adherence to all state regulations must be followed.
C. 
Manicuring salon. Manicuring services may be provided in a manicuring salon when a person currently licensed as manicurist - Type 3 or a hairdresser/cosmetologist - Type 1 is present to supervise licensed personnel.
Unless otherwise ordered or approved by the Department, each establishment shall be constructed, operated, and maintained to meet the following minimum requirements:
A. 
Physical facilities.
(1) 
Each establishment operated in a dwelling or dwelling unit; located any place where food and drink are prepared, served, manufactured, sold, or located in a building with an unrelated business; shall be located and operated in a room entirely separate from other rooms or parts of the dwelling, dwelling unit, or unrelated business, with the exception of self-contained, self-dispensing food machines. The rooms of the manicurist establishment shall not be used for any other purpose other than manicurist and/or other cosmetology practices.
(2) 
The walls and floors shall have impervious, smooth, and sanitizable surfaces.
(3) 
The rooms of the establishment shall be provided with adequate ventilation. Rooms where manicuring and/or cosmetology is practiced shall be ventilated according to the state building code and adhere to indoor air quality regulations promulgated by OSHA.
(4) 
The rooms shall be lighted to provide at least 30 footcandles of illumination and other rooms of the establishment shall be lighted sufficiently to allow proper cleaning and sanitizing.
(5) 
Openable windows shall be effectively screened against insects, rodents, and other vermin.
(6) 
All furniture and equipment in the establishment shall be of easily washable materials, kept clean and in good repair.
(7) 
Each establishment shall be equipped with a closed cabinet(s) for instruments, towels, and linen. The cabinet(s) shall be constructed of glass, metal or other impervious and cleanable material.
(8) 
Each establishment shall be equipped with hot and cold running water properly installed in compliance with applicable law.
(9) 
Hand-washing facilities shall be located in the room where manicuring is performed and shall be supplied with hot and cold running water, soap, and sanitary towels at all times.
(10) 
Toilet and hand-washing facilities with hot and cold running water shall be easily accessible to the area at all times the establishment is open for business. At least one public toilet room shall be located on the premises in close proximity of the establishment for patron use. All rest room facilities shall be maintained in a clean and sanitary condition. All toilet facilities shall comply with the Massachusetts Plumbing Code.
(11) 
Hampers or closed cabinets shall be provided for soiled towels and linens and shall be kept separate from cabinets or containers for clean towels and linen.
(12) 
Adequate clean waste containers shall be provided for the storage of waste material. The storage and disposal of waste materials shall comply with applicable laws.
(13) 
Puncture-proof containers shall be provided and used for storage and discarding of all disposable sharps, needles and razors. The container shall be properly marked as bio-hazard or infectious waste.
(14) 
The establishment shall have adequate equipment for disinfecting or sterilizing nondisposable instruments and materials used. Wet sterilizers shall be constructed of plastic, enamel, rubber, or glass with a tight-fitting lid and shall be large enough to completely immerse all equipment or articles placed within.
(15) 
Laundry equipment, if provided in the establishment, shall be located in an area separate from patrons, toilet rooms and the rooms where manicuring/pedicuring is performed.
B. 
Cleaning and maintenance.
(1) 
Every portion of the establishment, including walls, floors, ceilings, shampoo bowls, lavatories, toilet facilities, furniture, equipment, tools, utensils, instruments, and appliances shall be kept clean and in good repair.
(2) 
Razors, clippers, scissors, tweezers, and all other utensils, appliances, or anything that comes in contact with the head, face, neck, hands or feet, shall be cleaned and disinfected prior to use on each patron. Only the methods of disinfection that are bacteriologically effective and approved by the Director shall be used. The following methods of disinfection are approved by the Director.
(a) 
Dry heat and temperature of 338° F. (170° C.) for at least one hour;
(b) 
Sodium hypochlorite solution of 200 parts per million of chlorine for at least two minutes;
(c) 
Formalin in 10% solution for at least 20 minutes;
(d) 
Quaternary ammonium solutions of 1,000 parts per million for 10 minutes;
(e) 
Seventy-percent solution of alcohol for 20 minutes;
(f) 
Boiling water at 212° F. (100° C.) for 15 minutes;
(g) 
Steam sterilization autoclaves at 15 pounds' (one atmosphere) pressure at 248° F. (120° C.) for 30 minutes; that are calibrated;
(h) 
Approved UV chambers that are calibrated;
(i) 
Effective germicidal solutions approved by the EPA and/or the FDA;
(j) 
Other methods or variations of the disinfection methods given in Subsection B(2) as approved by the Director.
(3) 
Disinfection solutions shall be changed frequently to ensure complete disinfection. No sediment from the item being disinfected shall be allowed to remain in the bottom of the disinfection container. Disinfection and sterilizing equipment shall be kept clean and in good repair at all times.
(4) 
During the process of giving a patron a manicure, instruments shall be kept in a disinfectant solution or dry sanitizer.
(5) 
Closed cabinets and covered containers used for the storage of supplies, clean linen, and disinfected equipment shall be kept clean and sanitary at all times and shall be washed with a disinfecting solution at regular intervals.
(6) 
No equipment used shall be left exposed on work stands, but shall be cleaned, disinfected, and placed in a clean closed drawer or cabinet containing a sanitizing agent(s) approved by the Director.
(7) 
Each establishment shall be provided with clean, sanitized towels and linen in sufficient quantity, and the towels and linen shall be cleaned and sanitized after use on each patron. All cleaned and sanitized towels and linen shall be stored in a reasonably airtight clean cabinet(s) containing a sanitizing agent(s) approved by the Director. All soiled towels and linens shall be kept in properly covered containers or cabinets that are kept separate from the clean storage areas.
(8) 
The headrest on each chair shall be provided with a clean and sanitized towel or paper for each patron. Headrest towels or papers shall be cleaned and sanitized or disposed after each use.
(9) 
Powders shall be kept in shakers and never used directly from inside the container. Powder boxes shall not be placed for the use of any patron.
(10) 
All disposable articles, including, but not limited to, emery boards, makeup applicators, and permanent wave end papers shall be discarded immediately after use on a patron.
(11) 
Creams and unguents shall be removed from containers with clean spatulas for use on each patron. Creams and unguents shall be kept in closed containers.
C. 
Operators and patrons.
(1) 
All operators shall be licensed if required by state or local jurisdiction and shall present proof of licensure upon departmental request.
(2) 
All employees, patrons, persons, owners, and operators shall be clean and wear clean outer garments. All employees and operators shall maintain a high degree of personal cleanliness, and conform to good hygienic practices while on duty.
(3) 
Each operator shall wash his or her hands thoroughly before and after performing manicuring on each patron, and as often as necessary to remove soil and contamination. An operator shall thoroughly wash his or her hands immediately after using the toilet, smoking, or eating.
(4) 
All ventilation and air quality must be in accordance with OSHA regulations.
(5) 
No one shall remove or attempt to remove a wart or mole or treat any disease of a patron.
(6) 
No owner or operator shall permit any person or employee having a communicable disease to act as a manicurist or to serve any patron.
(7) 
No cosmetologist, operator, manicurist, demonstrator, instructor, aesthetician or student shall provide services to a person who has a communicable disease.
(8) 
No preparation that is harmful or toxic to the hair, skin, nails, or any other part of the body shall be used on any patron. A predisposition test shall be given a patron before application.
(9) 
The owner or operator shall report to the Director any case of disease, dermatitis, or serious injury that results as an act of manicuring in his or her establishment.
(10) 
Styptic pencil or lump alum shall not be used to stop the flow of blood. Liquid or powdered astringent may be used and shall be applied with a clean spatula or sterilized, single-service gauze or cotton.
(11) 
The owner or operator shall not allow any dog, cat, bird, or other animal in the establishment, except this prohibition shall not apply to a Seeing Eye or hearing dog.
(12) 
It shall be the responsibility of the establishment owner or operator to verify and ensure that all health regulations are complied with by employees and patrons at all times.
(13) 
Salon licenses must be displayed in a conspicuous place in the salon.
(14) 
All manicurists, must conspicuously post their current individual license at their place of employment.
A. 
Department approval and permit of establishments.
(1) 
No person shall construct or begin construction of a cosmetology establishment without written approval from the Department.
(2) 
No person shall operate or begin operation of an establishment or service without annually obtaining a valid permit from the Department. Only a person who complies with the requirements of these regulations shall be entitled to receive or retain such a permit. Permits are not transferable. A valid permit shall be posted in every establishment.
B. 
Application requirements for approval and permit of new establishments.
(1) 
Plans, specifications and reports. Application to the Department for approval for construction or remodeling of the establishment shall be in writing, setting forth the plans, specifications, and reports required in the applicable sections of these regulations. The Department may prescribe the form on which the information required under these regulations shall be submitted.
(2) 
Payment of fees. The permit fee for a new establishment shall be paid at the time application is made according to the fee schedule specified in § 238-9A.
C. 
Permit renewal requirements.
(1) 
Payment of fees for establishments shall be made no later than 90 calendar days after the effective date of these regulations and by annual date of renewal from issue each calendar year thereafter. Prior to the date on which the fee is due, the Department shall attempt to notify each regulated business of the amount and due date of the fee.
(2) 
Upon approval of the permit application, the Department shall issue a permit. Permits shall expire December 31 of the permitted year/s.
D. 
Departmental inspections required. The Department shall conduct an inspection of each establishment service prior to issuance of a permit and as frequently as necessary during operation of the establishment service to determine compliance with these regulations.
E. 
Approvals nontransferable. No approval or permit of an establishment or service shall be transferable from one person to another or from one establishment to another.
F. 
Denial, suspension, or revocation of approval.
(1) 
Causes. Approval for any application for a manicurist establishment service issued pursuant to these regulations may be denied, suspended, or revoked by the Director for any of the following reasons:
(a) 
Failure of the reports, plans, or specifications to show that the establishment will be constructed, operated, or maintained in accordance with the requirements and standards of these regulations adopted by the Department;
(b) 
Submission of incorrect or false information in the application, reports, plans, or specifications;
(c) 
Failure to construct, operate, or maintain the establishment service in accordance with the application, reports, plans, and specifications approved by the Department;
(d) 
Operation of the establishment service in a way that causes or creates a health hazard or threatens the public health, safety, or welfare;
(e) 
Violation of any regulations, restrictions, or requirements adopted by the Department;
(f) 
Violation of any condition upon which the approval was issued;
(g) 
Failure to pay the permit fee; or
(h) 
Failure of the owner or operator of an establishment to permit or allow the Department to conduct inspections to determine compliance with these regulations.
(2) 
Hearing. If any approval is denied, suspended, or revoked, the applicant may request a hearing within 10 calendar days of such action. The hearing shall be held before the Director within 10 calendar days after the request. Within 10 calendar days after the hearing, the Department shall send written notice to all parties of the decision of the Director and the reasons therefor.
A. 
Permit fees shall not exceed the sum of expenses incurred by the Department to review plans and specifications, conduct inspections, and process permit applications.
(1) 
A registration (permit) fee in the amount established by the Town of Franklin shall be required of all persons registering as body artists.
(2) 
Payment of fees shall be made at the Franklin Board of Health Department, 150 Emmons Street, Franklin, MA 02038, check made payable to the Town of Franklin.
(3) 
A registration fee of $136 per facility is hereby established.
B. 
Failure to pay the fees after the due date may result in revocation or suspension of the permit and the right to operate.
A. 
Department to notify owners or others of violations. If the Director has inspected any establishment and has found and determined that the establishment is in violation of these regulations or has reasonable grounds to believe that there has been a violation of any part of these regulations, he or she shall give notice of the violations to the owner or other responsible person thereof.
B. 
Department to issue written notice of violations. Prior to initiating a court complaint for the violation of these regulations, the Director shall issue a notice pursuant to § 238-10 and shall:
(1) 
Describe the property;
(2) 
Give a statement of the cause for its issuance;
(3) 
Set forth an outline of the remedial action that complies with the provisions of these regulations; and
(4) 
Set a reasonable time for the performance of any required remedial act.
C. 
Department to serve notice. The Director shall serve notice upon the owner of the establishment or other responsible person pursuant to § 238-10A and B of these regulations. Service shall be deemed complete if the notice is served in one of the following ways:
(1) 
Served in person; or
(2) 
Sent by certified mail to the last known address of the owner or other responsible person; or
(3) 
Posted on the door or staked on the property of the cosmetology establishment if methods (1) or (2) of Subsection C above are unavailable; or
(4) 
Published in a newspaper of general circulation if methods (1), (2) or (3) of Subsection C above are unavailable.
A. 
The manicurist registration shall be suspended immediately upon notice to the holder (without a hearing) when the BOH has reason to believe that an imminent health hazard exists.
B. 
In all other instances of violation of the provisions of the rules and regulations, the Franklin Board of Health may serve the registrant (permit holder) a written notice specifying the violation(s) and afford the registrant or certificate holder a reasonable opportunity to correct the same and/or the issue of a noncriminal violation ticket and/or may seek the issuance of criminal process.
(1) 
Whenever a registrant has failed to comply with any written notice issued under the provisions of these rules and regulations.
(2) 
The holder of the registration (permit) shall be notified in writing that the registration or certificate shall be suspended at the end of 10 days following the service of the notice unless a request for a hearing is made within the ten-day period. Nothing herein shall prohibit the BOH from suspending a permit after a hearing.
(3) 
Any person whose registration has been suspended may make a request in writing for reinstatement of the registration.
(4) 
For serious or repeated violations of any of the requirements of these rules and regulations or for interference with the BOH in the performance of its duties, or for persons found guilty of any crime related to manicuring, the manicuring registration may be permanently revoked after an opportunity for a hearing has been provided.
(5) 
Manicuring of minors. Every person who shall perform manicuring on any minor under the age of 18, without the written consent and presence of a parent or legal guardian, may be penalized by: fines or revocation of permits.
(6) 
Civil enforcement through fines under MGL c. 40, § 21D or Board of Health manicurist rules and regulation.
(a) 
Fine allowed: $100.
(b) 
Enforcement agents: Board of Health and its agents.
(c) 
Fine schedule (each day of noncompliance is considered a separate offense): first offense, $25; second offense, $50; third and subsequent offenses, $100.
(d) 
In all cases, the owner of the establishment is responsible for all fines.
If any provision, clause, sentence, or paragraph of these regulations or the application thereof to any person or circumstances shall be held to be invalid, such invalidity shall not affect the other provisions or applications of these regulations. The valid part of any clause, sentence, or paragraph of these regulations shall be given independence from the invalid provisions or application and to this end the provisions of these regulations are hereby declared to be severable.
A. 
The Board of Health may grant a variance from any of this regulation if, in its opinion, strict enforcement would create manifest injustice or hardship for the operator.
B. 
Any variation granted by the Board of Health shall be in writing and a copy maintained on the premises for which it is issued.
The Board of Health, Town of Franklin, Massachusetts, acting under the authority of MGL c. 111, §§ 31 and 122, hereby adopts the following rules and regulations governing the licensing and practice of manicurists and the operation of an establishment for manicurists.