[HISTORY: Adopted by the Bloomfield Board
of Health 11-4-2003 (Ch. 284 of the 1987 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who is licensed to engage in any of the practices
encompassed in barbering.
Any one or combination of the following practices when done
on the human body for cosmetic purposes and not for the treatment
of disease or physical or mental ailments and when done for payment
either directly or indirectly or when done without payment for the
general public:
Shaving or trimming of the beard, mustache or
other facial hair;
Shampooing, cutting, arranging, relaxing or
styling of the hair;
Singeing or dyeing of the hair;
Applying cosmetic preparations, antiseptics,
tonics, lotions or creams to the hair, scalp, face or neck;
Massaging, cleansing or stimulating the face,
neck or scalp with or without cosmetic preparations, either by hand,
mechanical or electrical appliances; or
Cutting, fitting, coloring or styling of hairpieces
or wigs, to the extent that the services are performed while the wig
is being worn by a person.
Any establishment engaged in the practice of barbering for
the public.
Any person designated by the Health Officer to act for them
in the performance of their duties.
An Environmental Protection Agency (EPA) or New Jersey Department
of Environmental Protection registered product with demonstrated bactericidal,
virucidal and fungicidal activity used in accordance with manufacturer's
instruction.
Any person who is licensed to engage in the practices encompassed
in cosmetology and hairstyling.
Any one or combination of the practices as outlined in N.J.S.A.
45:5B-3(j) when done on the human body for cosmetic purposes and not
for the treatment of disease or physical or mental ailments and when
done for payment either directly or indirectly or when done without
payment for the general public.
Any establishment engaged in the practice of hairstyling,
cosmetology or barbering for the public.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
The Health Officer of the Township of Bloomfield or their
duly authorized representative.
Any establishment engaged in the practice of cutting, shaping,
polishing or enhancing the appearance of the nails of the hands or
feet, including, but not limited to, the application and removal of
sculptured or artificial nails.
A person who, for compensation, cuts, shapes, polishes or
enhances the appearance of the nails of the hands or feet, including
but not limited to the application and removal of sculptured or artificial
nails.
A person who owns, leases, or manages a shop/salon, or any
licensed person performing barbering, hairstyling, cosmetology or
manicuring.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
A person who owns a shop/salon establishment and is responsible
for upholding the regulations of this chapter in all areas of the
establishment.
An individual, firm, partnership, company, corporation, trustee,
association or any public or private entity.
The individual present in a barbershop or hairstyling and/or
cosmetology salon/shop or nail salon/shop that is the apparent supervisor
of the barbershop or hairstyling and/or cosmetology shop/salon or
nail salon/shop at the time of inspection. If no individual claims
to be a supervisor, then any employee present is deemed to be the
person in charge for the purposes of this chapter.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
Safe and clean shop/salon conditions that prevent the spread
of communicable diseases and protect the public health and welfare.
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 person shall maintain or operate any barbershop,
hairstyling, cosmetology salon/shop or nail salon/shop without having
a valid license issued by the Health Officer. Only a person who complies
with the requirements of this chapter shall be entitled to receive
or retain such a license.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
B.
Every barbershop, hairstyling, cosmetology salon/shop
or nail salon/shop must comply with local planning and zoning regulations
and all other applicable ordinances before being issued a license.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
C.
Application for a license shall be made on forms furnished
by the Health Officer. All licenses are valid for one year or a portion
thereof and are renewable on January 1 of each year.
D.
Every applicant for a license to operate a barbershop or hairstyling and/or cosmetology salon/shop or nail salon/shop shall pay an annual license fee according to § 624-2A(1) of the Code of the Township of Bloomfield. The annual license fee shall be due and payable on or before the first day of February each year. Any applicant whose check is returned unpaid to the Board of Health shall be required to pay a returned check fee of $20.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
E.
No license shall be issued or renewed until a completed
application has been submitted, the license fee has been paid and
the applicant's barbershop or hairstyling and/or cosmetology salon/shop
or nail salon/shop meets the requirements set forth in this chapter
and all other applicable state and local regulations.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
F.
Licenses shall be valid until December 31 of each
year as noted on the license unless suspended by the Health Officer,
or until such time as the facility changes owners, closes, or goes
out-of-business.
G.
Licenses shall not be transferable from person to
person or from location to location. Any planned change in ownership
of a facility must be reported promptly to the Board of Health and
such changes must be approved by the Board of Health prior to the
issuance of an operating license.
H.
Licenses must be displayed in a prominent location
within the establishment where patrons can observe it.
A.
The Health Officer shall promulgate such rules and
procedures as are necessary to ensure compliance with this chapter.
B.
At least once a year, the Health Officer or their
designee shall inspect each barbershop, hairstyling and/or cosmetology
shop/salon and nail salon/shop and shall make as many additional inspections
as are necessary for the enforcement of this chapter.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
C.
The Health Officer or their designee, after proper
identification, shall be permitted to enter, during normal operating
hours, any portion of any barbershop or hairstyling and/or cosmetology
shop/salon or nail salon/shop for the purpose of making inspections
to determine compliance with this chapter.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
D.
In the event that the Health Officer or their designee
finds unsanitary conditions in the operation of a barbershop or hairstyling
and/or cosmetology shop/salon or nail salon/shop, or if a violation
or multiple violations occur, the Health Officer or their designee
may immediately issue a written notice to the license holder, or person
in charge, citing such conditions, specifying the corrective action
to be taken and time frame within which such action shall be taken.
If corrective action is not made in the allotted time, the licensee
may be fined or their license suspended.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
An inspection fee, in addition to the annual
license fee, shall be imposed upon any barbershop or hairstyling and/or
cosmetology shop/salon or nail salon/shop as follows:
A.
For each inspection carried out pursuant to a complaint
when such inspection results in a determination that said barbershop
or hairstyling and/or cosmetology shop/salon or nail salon/shop is
in violation of any of the provision of this chapter.
A.
General cleanliness. Each shop/salon shall be maintained
to provide a safe and sanitary environment. All facilities shall be
kept clean, sanitary and in good repair.
B.
Disinfection of reusable equipment:
(1)
After each use on a patron, all electrical and nonelectrical
instruments shall be thoroughly cleaned to remove foreign matter,
treated with an approved disinfectant and stored in a protected manner
until their next use.
(2)
Disinfectants shall be changed in accordance with
the manufacturer's instructions to ensure complete disinfection. No
sediment from the item being disinfected shall be allowed to remain
in the bottom of the disinfection container.
C.
Disposable and single-use equipment:
(1)
Disposable or single-use articles shall be disposed
of in a waste receptacle after use on each patron unless stored in
a separate closed clean container labeled with the patron's name and
used only on that patron.
(2)
All disposable or single-use articles that come into
contact with blood and/or body fluids shall be enclosed in sealable
plastic bags prior to being placed in the waste receptacle.
(3)
All sharp or pointed articles shall be disposed of
in a punctureproof container.
D.
Sanitation of foot spas and waterbaths:
(1)
An antimicrobial additive shall be placed in each
foot spa or waterbath during use.
(2)
After each patron, the shop/salon shall drain all
water and debris, properly disinfect and dry the foot spa or waterbath.
(3)
At the end of each day, the shop/salon shall remove
and immerse any filter in disinfectant and flush the foot spa or waterbath
with low-sudsing soap and water.
F.
Cosmetics:
(1)
When only a portion of a cream, liquid, powder or
other cosmetic preparation is to be removed from the container, it
shall be removed in such a way as not to contaminate the remaining
portion.
(2)
Multi-use of cosmetic applicators is prohibited. This
includes the use of lipsticks, powder puffs, makeup brushes and sponges
which are not disposable.
(3)
Lotions and powders shall be dispensed from a sanitary
self-dispensing container.
G.
Operators.
(1)
Operators shall thoroughly wash their hands with soap
and water immediately after using the toilet, eating or smoking. Before
serving each customer, operators shall thoroughly wash their hands
with soap or hand disinfectant.
(2)
No operator shall remove warts or moles or treat any
disease of a patron, nor perform any medical procedure such as an
injection, nor dispense any medical device.
(3)
All operators shall have an exclusion policy for people
with a communicable disease that may be transmitted through the services
of a barber, hairdresser, cosmetologist, or nail technician.
(4)
No individual shall perform procedures requiring licensure
by the New Jersey State Board of Cosmetology and Hairstyling without
possessing such a valid license.
[Added 5-12-2004; amended at time of adoption of Code
(Ch. 575, General Provisions, Board of Health, Art. V)]
(5)
No individual shall perform procedures requiring licensure
by the New Jersey State Board of Cosmetology and Hairstyling without
having such license visible and present on site.
[Added 5-12-2004; amended at time of adoption of Code
(Ch. 575, General Provisions, Board of Health, Art. VI)]
I.
Toilet and sink facilities:
(1)
Each shop/salon shall provide adequate toilet and
hand-washing facilities for patrons and employees.
(2)
Toilet and hand-washing facilities shall be in working
condition at all times, and kept clean and sanitary.
(3)
Each hand-washing sink shall have a soap dispenser
and disposable towels or an air dryer for hand drying.
J.
Lighting and ventilation:
K.
Floors, walls, and ceilings. Floors, walls and ceilings
shall be kept clean and in good repair.
A.
Failure to comply with the provisions of this chapter
and applicable state regulations shall be grounds for suspension of
any license issued under the provisions of this chapter.
B.
The Health Officer may suspend, without warning, prior
notice or hearing, any license to operate a barbershop or hairstyling
and/or cosmetology shop/salon or nail salon/shop if the operation
constitutes an imminent hazard to public health including, but not
limited to, any one of the following:
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
(1)
There is an outbreak of an infectious, pathogenic
or toxic agent capable of being transmitted to consumers.
(2)
There is an absence of potable water, supplied under
pressure, in a quantity which, in the opinion of the Health Officer,
is capable of meeting the needs of the facility.
(3)
There is a sewage backup into the facility.
(4)
An unlicensed individual is performing procedures
requiring licensure by the New Jersey State Board of Cosmetology.
C.
Suspension shall be effective immediately upon delivery
of the written order to the license holder or person in charge of
the facility by the Health Officer or their designee. When a license
is suspended, all barbershop, hairstyling and/or cosmetology shop
or nail salon/shop operations shall cease immediately and shall not
resume until written approval to resume has been issued by the Health
Officer. The Health Officer or their designee shall remove a suspended
license from the premises.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
D.
When a license is to be suspended, the holder of a
license, 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 Health Officer
by the holder of the license within two business days. If no written
request for a hearing is filed within two business days, the suspension
is sustained. The Health Officer may end the suspension at any time
by giving written notice to the license holder if reasons for suspension
no longer exist.
E.
Upon receiving a request for a hearing, the Health
Officer shall schedule a hearing not later than 10 business days from
the date of actual receipt of the request to afford the owner the
opportunity to present evidence and argument on all facts or issues
involved and to examine the merits of such suspension.
F.
The Health Officer shall examine the merits of such
suspension and render a decision in writing to vacate, modify, or
affirm such suspension within 10 business days of the date of the
hearing held under this section.
G.
Whenever a license has been suspended, the holder
of the suspended license may make written request for license reinstatement.
Within 10 business days following receipt of a written request, including
a statement signed by the applicant that, in their opinion, the conditions
causing the suspension have been corrected, the Health Officer or
their designee shall make a reinspection. If the Health Officer or
their designee determines that the applicant has complied with the
requirements of this chapter, the license shall be reinstated and
returned to the license holder.
The Health Officer shall designate a time and
place to conduct the hearings provided for in this chapter. The Health
Officer shall summarize the proceedings of such hearings and provide
sufficient copies. The Health Officer 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 Health Officer
shall furnish a written report of the hearing decision to the license
holder within 10 business days of the hearing date. A request for
a hearing shall not stay any suspension or denial of a license until
such time as a hearing has been held and a decision rendered thereon.
A notice or order provided for in this chapter
is properly served when it is delivered to the license holder or person
in charge, posted at a conspicuous location on the building, or when
it is sent by registered or certified mail, return receipt requested,
to the last-known address of the holder of the license. A completed
and signed inspection report shall constitute a written notice.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punished
by a fine not exceeding $500, and each violation of any of the provisions
of this chapter and each day the same is violated shall be deemed
and taken to be a separate and distinct offense.
Should any section, paragraph, sentence, clause
or phrase of this chapter be declared unconstitutional or invalid
for any reason, the remainder of said chapter shall not be affected
thereby.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
In any case where a provision of this chapter
is found to be in conflict with a regulation of the State Department
of Health, Department of Law and Public Safety, Division of Consumer
Affairs or any other state law or regulation, on the effective date
of this chapter, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
shall prevail.