[HISTORY: Adopted by the Bloomfield Board of Health 6-14-2007; amended in its entirety 12-20-2012 by Ord. No. 006-2012. Subsequent amendments noted where applicable.]
Licensing fees — See Ch. 624.
The purpose of this chapter is to protect and preserve the health, safety and welfare of the citizens of the Township of Bloomfield and the patrons of massage, bodywork and somatic therapy businesses.
As used in this chapter, the following terms shall have the meanings indicated:
- MASSAGE AND BODYWORK ESTABLISHMENT
- Any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any legal form of consideration.
- MASSAGE AND BODYWORK THERAPIES
- Touching, including, but not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles; including the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external applications of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
- MASSAGE AND BODYWORK THERAPIST
- Any person who administers massage, bodywork or somatic therapies for any form of legal consideration.
No person, firm or corporation shall perform massage, bodywork and or somatic therapies in the Township of Bloomfield unless or until there has been obtained all necessary permits for such establishment or premises and therapist from the Township of Bloomfield Board of Health in accordance with the terms and provisions of this chapter and Chapter 624 of the Code of the Township of Bloomfield Board of Health.
Any person requesting a massage, bodywork and somatic therapy establishment license from the Board of Health shall file a written application with the Health Officer upon a form to be furnished by the Health Officer.
Every applicant for a license to operate or conduct a massage, bodywork and somatic therapy establishment shall submit a fee as set forth in Chapter 624 of the Code of the Township of Bloomfield. Said license fee shall be paid at the time application is made. Every license issued pursuant to this chapter shall expire at the end of the calendar year. The license fee shall not be prorated in the event that an application for a permit is made at any time after January 1 of any year.
Each establishment must comply with each of the following minimum requirements:
All massage tables, bathtubs, shower stalls, steam or bath areas and floors must have surfaces which may be readily disinfected and shall be maintained in a sanitary condition and regularly cleaned and disinfected.
Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that a male and female patron has a concurrent or overlapping appointment for massage or bodywork therapies, then separate bathing, dressing, locker and massage room facilities shall be provided.
The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massage. Such nondisposable instruments and materials shall be disinfected after use on each patron.
All employees, including massage, bodywork and/or somatic therapist, shall be clean and wear clean, nontransparent outer garments.
All massage, bodywork and/or somatic therapy establishments shall be provided with clean laundered sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in a sanitary manner,
All walls, ceiling, floors, pools, showers, bathtubs, steam rooms and all other physical facilities and surfaces shall be in good repair and maintained in a clean and sanitary manner. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets and shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be kept dry, clean and sanitary.
Oils, creams, lotions and other preparations used in administering massage, bodywork and/or somatic therapies shall be kept in clean, closed containers or cabinets.
Animals, except for Seeing Eye dogs, service animals such as guide dogs that are trained to assist an employee or other person who is handicapped and are controlled by the handicapped employee or person, shall not be permitted in the massage work area.
All employees and each massage, bodywork and/or somatic therapist shall wash his or her hands in hot running water, using proper soap or disinfectant before administering a massage, bodywork or somatic therapy to a patron.
The Department of Health may, from time to time, make inspections of each massage, bodywork and/or somatic therapy establishment granted a license under the provisions of this chapter for the purpose of determining whether the provisions of this chapter are being complied with. Such inspection shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
The massage, bodywork and/or somatic therapy establishment shall display its license and inspection placard as well as a therapist's permit of each and every massage, bodywork and/or somatic therapist employed in the establishment in an open and conspicuous place on the premises of the establishment. The massage, bodywork and/or somatic therapy establishment shall make available at the request of any client their most recent Health Department inspection results.
A license issued under this chapter may be immediately suspended for a period of not more than 30 days, pending a hearing to revoke the permit for any of the following causes:
Notice of the hearing for the revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the licensee at his/her last known address at least five days prior to the date set for the hearing. Such notice shall contain a brief statement or the grounds to be relied upon for revoking the permit. At the hearing, the licensee shall have an opportunity to answer and be heard, and after due consideration, the permit may be revoked or the complaint may be dismissed. The Health Officer or Board of Health shall serve as the hearing officer or body for any hearings pursuant to this subsection.
In addition to the revocation or suspension of the license granted under this section, any person who violates any provision of this chapter shall be subject, upon conviction thereof, to a fine; for a first offense, not less than $250 nor more than $500; for a second offense, not less than $500 or more than $1,000; and not less than $1,000 for a third and subsequent offense or to imprisonment for a term not exceeding 90 days, or to both such fine and imprisonment.
This ordinance shall become effective on June 24, 2007. All massage, bodywork and somatic therapy establishments operating prior to June 24, 2007, shall come into compliance with the provisions of this chapter no later than November 1, 2007.
This amendment will become effective on January 1, 2013.