As used in this chapter, the following terms
shall have the meanings indicated:
BARBER
Any person who is licensed to engage in any of the practices
encompassed in barbering.
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:
A.
Shaving or trimming of the beard, mustache or
other facial hair;
B.
Shampooing, cutting, arranging, relaxing or
styling of the hair;
C.
Singeing or dyeing of the hair;
D.
Applying cosmetic preparations, antiseptics,
tonics, lotions or creams to the hair, scalp, face or neck;
E.
Massaging, cleansing or stimulating the face,
neck or scalp with or without cosmetic preparations, either by hand,
mechanical or electrical appliances; or
F.
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.
BARBERSHOP
Any establishment engaged in the practice of barbering for
the public.
DESIGNEE
Any person designated by the Health Officer to act for them
in the performance of their duties.
DISINFECTANT
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.
HAIRDRESSING AND COSMETOLOGY
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.
HAIRSTYLING OR COSMETOLOGY SHOP/SALON
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)]
HEALTH OFFICER
The Health Officer of the Township of Bloomfield or their
duly authorized representative.
NAIL SALON/SHOP
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.
NAIL TECHNICIAN
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.
OPERATOR
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)]
OWNER
A person who owns a shop/salon establishment and is responsible
for upholding the regulations of this chapter in all areas of the
establishment.
PERSON
An individual, firm, partnership, company, corporation, trustee,
association or any public or private entity.
PERSON IN CHARGE
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)]
SANITARY CONDITIONS
Safe and clean shop/salon conditions that prevent the spread
of communicable diseases and protect the public health and welfare.
WORKING AREA
A separate room with more than one work station, or a private
room set aside to serve one customer at a time.
WORK STATION
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.
[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.
B. For each reinspection carried out after either a failure of the regular inspection or of failure of an inspection carried out pursuant to a complaint as set forth in Subsection
A.
C. There shall be a fee of $100 for each inspection as set forth in Subsection
A and/or
B.
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.