[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:
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).
A manicurist work station located within a manicurist establishment.
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.
The Health Department Director of Health or his or her authorized
representative.
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.
Any building or shelter or part thereof that is intended or used
for human habitation.
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.
Water heated to a temperature of not less than 110° F. (43°
C.) at the outlet.
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.
Any shop, beauty salon or location, place, area, structure, or business
that offers manicuring to the public.
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.
A manicurist establishment whose construction or operation has begun,
following the effective date of these regulations.
A person who owns, leases, or manages a manicurist establishment
service or any person performing, manicuring.
Any person who alone or jointly or severally with others:
Has legal title or interest in any premises manicurist establishment,
or dwelling unit, with or without accompanying actual possession thereof;
or
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.
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.
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.
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:
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;
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;
(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.
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:
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:
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.
