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Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bloomfield Board of Health 6-14-2007; amended in its entirety at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V). Subsequent amendments noted where applicable.]
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 and bodywork businesses.
As used in this chapter, the following terms shall have the meanings indicated:
MASSAGE AND BODYWORK ESTABLISHMENT
Any establishment wherein massage and/or bodywork 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 or bodywork 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 and bodywork do not include the diagnosis or treatment of illness, disease, impairment or disability.
MASSAGE AND BODYWORK THERAPIST
Any person who administers massage or bodywork therapies for any form of legal consideration.
No person, firm or corporation shall perform massage and/or bodywork 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 and bodywork 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.
A. 
Every applicant for a license to operate or conduct a massage and/or bodywork therapy establishment shall submit a fee as set forth in Chapter 624, Licensing, 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 license is made at any time after January 1 of any year.
B. 
A renewal fee for all licenses shall be as set forth in Chapter 624 of the Code of the Township of Bloomfield Board of Health.
Each establishment must comply with each of the following minimum requirements:
A. 
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.
B. 
Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that male and female patrons have concurrent or overlapping appointments for massage or bodywork therapies, then separate bathing, dressing, locker and massage room facilities shall be provided.
C. 
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.
D. 
All employees, including massage and/or bodywork therapist, shall be clean and wear clean, nontransparent outer garments.
E. 
All massage and/or bodywork 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.
F. 
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.
G. 
Oils, creams, lotions and other preparations used in administering massage and/or bodywork therapies shall be kept in clean, closed containers or cabinets.
H. 
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.
I. 
All employees and each massage and/or bodywork therapist shall wash their hands in hot running water, using proper soap or disinfectant before administering a massage or bodywork therapy to a patron.
[Amended 3-16-2023 by Ord. No. BOH 01-2023]
The Department of Health may, from time to time, make inspections of each massage and/or bodywork 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 and/or bodywork therapy establishment shall display its license and inspection placard as well as a therapist's license of each and every massage and/or bodywork therapist employed in the establishment in an open and conspicuous place on the premises of the establishment. The massage and/or bodywork therapy establishment shall make available at the request of any client their most recent Health Department inspection results.
A. 
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 license for any of the following causes:
(1) 
Fraud, misrepresentation or false statement in the application for the license or any violation of this chapter.
(2) 
Conducting the permitted business in the Township in an unlawful manner or in such manner as to constitute a menace to the health, safety or general welfare of the public.
B. 
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 their 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 license. At the hearing, the licensee shall have an opportunity to answer and be heard, and after due consideration, the license 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 chapter, any person who violates any provision of this chapter shall be subject, upon conviction thereof, to a penalty as provided in Chapter 578, Administration, Article V.
A. 
This chapter shall become effective on June 24, 2007. All massage and bodywork therapy establishments operating prior to June 24, 2007, shall come into compliance with the provisions of this chapter no later than November 1, 2007.
B. 
This amendment will become effective on January 1, 2013.