[HISTORY: Adopted by the Council of the City
of Meriden 9-18-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 70,
Barbershops, Hairdressing and Cosmetology Shops, adopted 10-19-2015 by the Council
of the City of Meriden.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
The person designated by the Director of Health and Human
Services to act for him or her in the performance of his duties.
A person licensed pursuant to Chapter 386 of the General
Statutes of the State of Connecticut.[1]
The following-described practices, when done upon the head,
face and neck for cosmetic purposes and done for the public, with
or without compensation therefor, shall be construed as practicing
the occupation of barber or master barber within the meaning of this
chapter:
Shaving or trimming the bread;
Cutting hair;
Styling or cutting hairpieces and wigs;
Giving facial and scalp massage or application of oils, creams,
lotions, or other preparations, either by hand or mechanical appliances;
Singeing, shampooing or dyeing the hair applying hair tonic,
and applying cosmetic preparations, antiseptics, powders, oils, clays
or lotions to scalp, face or neck;
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provided nothing in this chapter shall permit any of the services
or acts herein described to be used for the treatment or cure of any
physical or mental disease or ailment.
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Any establishment engaged in the practice of barbering for
the public.
The Director of Health and Human Services for the City of
Meriden or his/her duly authorized agent.
An Environmental Protection Agency (EPA) registered product
with demonstrated bactericidal, virucidal and fungicidal activity
when used in accordance with manufacturer's instruction.
A person who, for compensation, performs esthetics. Estheticians
must be licensed pursuant with Public Act 2019-117 Sections 192 and
199.[2]
Services related to skin care treatments, including, but
not limited to:
Cleansing, toning, stimulating, exfoliating or performing any
similar procedure on the human body while using cosmetic preparations,
hands, devices, apparatus or appliances to enhance or improve the
appearance of the skin; makeup application; beautifying lashes and
brows; or removing unwanted hair using manual and mechanical means,
and
Excluding the use of a prescriptive laser device; the performance
of a cosmetic medical procedure, as defined in Section 19a-903c of
the General Statutes; any practice, activity or treatment that constitutes
the practice of medicine; makeup application at a hairdresser and
cosmetician licensed pursuant to Chapter 387 of the General Statutes[3] that is within such licensee's scope of practice.
A person, who compensation performs individual eyelash extensions,
eyelash lifts or perms and eyelash color tints. Eyelash Technicians
must be licensed pursuant with Public Act 2019-117 Sections 193 and
199.[4]
A person licensed pursuant to Chapter 387 of the Connecticut
General Statutes.[5]
The art of dressing, arranging curling, weaving, cutting, singeing,
bleaching, and coloring the hair and treating the scalp of any person,
and massaging, cleansing, stimulating, manipulating, exercising or
beautifying with the use of the hands, appliances, cosmetic preparations,
antiseptics, tonics, lotions, creams, powders, oils or clays and doing
similar work on the face, neck and arms, and manicuring the fingernails
of any person with or without compensation or for cosmetic purposes
only.
Trimming, filing and painting the healthy toenails, excluding
cutting nail beds, corns and calluses or other medical treatment.
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Nothing shall prohibit an individual who does not have a valid
license from the State of Connecticut from performing shampooing or
braiding hair. The individual will still need to obtain a valid license
from the Department of Health and Human Services prior to operating
an independent salon.
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Includes any shop, store, day spa or other commercial establishment
at which the practice of barbering, as described in Section 20-234
of the General Statutes, hairdressing and cosmetology, as defined
in Section 20-250 of the General Statutes, or the services of an esthetician,
nail technician or eyelash technician, or any combination thereof,
is offered and provided.
A violation that poses a substantial risk to the consumer
or interferes with the safe operation of the establishment.
A person who for compensation cuts, shapes, colors, cleanses,
trims, polishes or enhances the appearance of the nails of the hands
or feet, excluding any practice, activity or treatment that constitutes
the practice of medicine. Nail Technicians must be licensed pursuant
with Public Act 2019-117 Sections 194 and 199.[6]
Any licensed person performing barbering, hairdressing, cosmetology,
nail technician, esthetician or eyelash technician services.
The person who applies and is granted a license issued by
the Meriden Department of Health and Human Services to operate a barbershop,
hairdressing or cosmetology shop and provide the services of barbering,
hairdressing, cosmetology, nail technician, esthetician or eyelash
technician.
A shampoo bowl (sink) and a shampoo chair.
A separate room with more than one work station or 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.
[1]
Editor's Note: See C.G.S. § 20-234 et seq.
[2]
Editor's Note: See C.G.S. §§ 20-265b and
20-265f.
[3]
Editor's Note: See C.G.S. § 20-250 et seq.
[4]
Editor's Note: See C.G.S. §§ 20-265c and
20-265f.
[5]
Editor's Note: See C.G.S. § 20-250 et seq.
[6]
Editor's Note: See C.G.S. §§ 20-265d and
20-265f.
A.
It is prohibited for any barbershop, hairdressing and/or cosmetology
shop having a permanent location to be relocated, constructed, remodeled,
or extensively altered, or for a structure to be converted to use
as a barbershop, hairdressing and/or cosmetology shop, except in accordance
with plans and specifications approved by the Meriden Department of
Health and Human Services.
B.
Prior to the relocation, construction, remodeling, alteration or
conversion of any establishment subject to the provisions of this
chapter, a completed plan review application and a fee of $50 shall
be submitted with forms furnished by the Director of Health and Human
Services, which must include:
(1)
Properly prepared plans drawn to a scale of not less than 1/4 inch
to one foot and specifications for such construction, remodeling,
or alteration shall be submitted to the Director of Health and Human
Services or his/her authorized agent for review and approval; and
(2)
The proposed layout, arrangement, and construction materials of the
work area and the type and model or proposed fixed equipment and facilities.
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The Director of Health and Human Services shall approve the
plans and specifications if they meet the requirements of this chapter
and the Public Health Code of the State of Connecticut.
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C.
Prior to the barbershop's, hairdressing and/or cosmetology shop's
opening or re-opening after a relocation, construction, remodeling,
alteration or conversion, the Director of Health and Human Services
or his/her authorized agent shall conduct a pre-operational inspection
to determine compliance with the approved plans and specifications
and with the requirements of this chapter and the Public Health Code
of the State of Connecticut.
A.
It is prohibited for any person, firm, or corporation to maintain
or operate any barbershop, hairdressing and/or cosmetology shop (includes
esthetician, nail technician and eyelash technician) without having
a valid license issued by the Director of Health and Human Services.
Only a person who complies with the requirements of this chapter shall
be entitled to receive or retain such a license.
B.
Application for a license shall be made on forms furnished by the
Director of Health and Human Services, wherein the applicant shall
state his/her name, address, and the address of the place of business,
give such other pertinent information as the Director of Health and
Human Services may require, and affix her/her signature to the application.
The chief corporate officers shall be designated as agents for service
when the license is issued to a corporation.
The license fee shall be $100 and the license fee shall not
be prorated. All licenses are valid for one year or a portion thereof
and are renewable each year on or before June 30 of each year. A license
renewal application received after June 30 will result in a $25 late
fee, in addition to the license fee. Licenses may be suspended by
the Director of Health and Human Services if not paid prior to the
July 1 renewal date.
C.
No license shall be issued or renewed until a completed license application
and plan review application has been submitted and approved, the license
fee has been paid and the applicant's barbershop, hairdressing
and/or cosmetology shop meets the requirements set forth in the chapter
and all other applicable state and local regulations. Plan reviews
are required for new establishments, change of ownership, and remodels.
D.
Licenses shall be valid until the expiration date indicated on the
license unless suspended or revoked by the Director of Health and
Human Services or until such time as the facility changes owners,
moves, or goes out of business.
E.
Licenses shall not be transferable from person to person or from
location to location.
F.
Licenses must be posted and visible to the public.
G.
The Director of Health and Human Services or his/her agent, after
proper identification, shall be permitted to enter, during normal
operating hours, any portion of any barbershop, hairdressing and/or
cosmetology shop for the purpose of making inspections to determine
compliance with this chapter and all applicable state regulations
and codes.
H.
A temporary license to provide barbershop, hairdressing and/or cosmetology
services outside of a licensed location may be granted for a period
not to exceed 14 calendar days. A temporary license shall be required
for conducting a public demonstration, a fundraising event or public
convention. Persons shall complete a temporary license application
through the Department of Health and Human Services and provide a
copy of their state issued license and valid photo ID.
A.
At least once a year the Director of Health and Human Services, or
authorized agent, shall inspect each barbershop or hairdressing and/or
cosmetology shop and shall make as many additional inspections as
are necessary for the enforcement of this Chapter and the Public Health
Code of the State of Connecticut.
B.
A fee of $25 will be charged to the license holder for each additional
inspection required as a result of noncompliance of a major violation
on a prior inspection.
A.
Failure to comply with the provisions of this chapter and applicable
state regulations shall be grounds for suspension of a license issued
under the provision of this chapter.
B.
In the event that the Director of Health and Human Services or his/her
agent finds unsanitary conditions in the operation of a barbershop,
hairdressing and/or cosmetology shop, or if a violation or set of
violations appears on more than one consecutive inspection report,
the Director of Health and Human Services may immediately issue a
written notice to the license holder, or person in charge, citing
such conditions and specifying the corrective action to be taken and
time frame within which action shall be taken. If correction is not
made in the allotted time, the license may be suspended or revoked
at the discretion of the Director of Health and Human Services.
C.
The Director of Health and Human Services may suspend, without warning,
prior notice or hearing, any license to operate a barbershop, hairdressing
and/or cosmetology shop if:
D.
An imminent health hazard shall include, but is not limited to, any
one of the following occurs:
(1)
An ongoing breakout of an infectious, pathogenic, or toxic agent
capable of being transmitted to consumers;
(2)
The absence of potable water, supplied under pressure, in a quantity
which, in the opinion of the Director of Health and Human Services,
is capable of meeting the needs of the facility; or
(3)
A sewage backup into the facility.
E.
An individual operating without a valid license from the Department of Health and Human Services or the State of Connecticut Department of Public Health shall be issued a citation according to the fee schedule outlined in § 70-14 of this chapter.
F.
Suspension shall be effective immediately upon delivery of the written
order to the license holder or person in charge of the facility by
the Director of Health and Human Services or authorized agent. When
a license is suspended, all barbershop, hairdressing and/or cosmetology
operations shall cease immediately at the facility and shall not resume
until written approval to resume has been issued by the Director of
Health and Human Services. The Director Health and Human Services
or authorized agent shall remove a suspended license from the premises.
G.
When a license is 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 Director of Health and Human Services by
the holder of the license within 48 hours. The Director of Health
and Human Services may end the suspension at any time by giving written
notice to the license holder if reasons for suspension no longer exist.
H.
Upon receiving a request for a hearing, the Director of Health and
Human Services shall schedule a hearing not later than 10 days from
the date of actual receipt of the request to examine the merits of
such suspension and after the hearing, issue a decision to vacate,
modify, or affirm such suspension.
I.
The license holder who is aggrieved by a decision of the Director
of Health and Human Services may appeal to the State Department of
Public Health in accordance with the applicable state statutes.
A.
In addition to license suspension, the failure to comply with the
provisions of this chapter and applicable state regulations shall
be grounds for revocation or nonrenewal of any license issued under
the provision of this chapter.
B.
The Director of Health and Human Services may revoke or refuse to
renew the license of any person for a serious violation and/or repeated
violations of any of the provisions of this chapter or for interference
with the Director of Health and Human Services in the performance
of official duties, or for cases where the license has been obtained
through nondisclosure, misrepresentation, or intentional misstatement
of a material fact.
C.
Prior to revocation or nonrenewal, the Director of Health and Human
Services shall notify the license holder, or the person in charge
at the facility, of the specific reason(s) for such revocation or
nonrenewal and that the license shall be revoked or not renewed at
the end of 10 calendar days following service of such notice, unless
a written requests for hearing is filed with the Director of Health
and Human Services by the holder of the license within 48 hours of
such notice. If no request for a hearing is filed within 48 hours
of such notice, the revocation or nonrenewal becomes final. The Director
of Health and Human Services shall remove a revoked license from the
premises.
D.
The license holder who is aggrieved by a decision of the Director
of Health and Human Services may appeal to the State Department of
Public Health in accordance with the applicable state statutes.
A.
Suspension. Whenever a license has been suspended, the holder of
the suspended license may make a written request for reinstatement
of the license, which shall include a signed statement that the conditions
which caused the suspension have been corrected to the Director of
Health and Human Services. Within 10 business days following receipt
of a written request, the Director of Health and Human Services shall
make a re-inspection. If the Director of Health and Human Services
determines that the applicant has complied with the requirements of
this chapter and all other state codes and regulations, the license
shall be reinstated and returned to the license holder.
B.
Revocation/nonrenewal. After a period of 60 days from the date of
revocation or nonrenewal, a written application may be made for the
issuance of a new license. This application will be treated as a new
application. All appropriate procedures and inspections will be required,
including a plan review.
Every barbershop, hairdressing and/or cosmetology shop shall
comply with the following minimum requirements:
A.
Water supply. An adequate supply of hot and cold running water, at
proper temperatures, from a municipal or approved private source shall
be provided for service for customers, cleanliness of employees, and
for washing floors, walls, ceiling, and equipment. Hot water at any
faucet shall be a minimum of 85° F. and not exceed 115° F.
B.
Wastewater disposal. Wastewater from all plumbing fixtures shall
be discharged into municipal sewers or into an approved and properly
functioning subsurface septic system.
C.
Plumbing fixtures.
(1)
Plumbing fixtures shall be of impervious material and of a type which
is easily cleanable. They shall be free from cracks and from parts
which are not readily accessible for cleaning. They shall be of a
type which does not constitute a hazard to a public water supply through
backsiphonage or cross-connection.
(2)
All plumbing installation and fixtures shall conform to applicable
building and plumbing codes.
(3)
Shampoo bowls shall be used for barbering, hairdressing and cosmetology
work only and there shall be a minimum of one shampoo bowl for every
three barbers/hairdressers.
(4)
A utility sink shall be provided for proper cleaning of surfaces
and equipment.
(5)
At least one hand wash facility shall be located in each private
treatment room and in each work area in order to provide for proper
hand washing before each customer.
(6)
A mop sink shall be provided for cleaning the facility. Those premises
in operation prior to the passage of this chapter are exempt from
this requirement. Facilities that use alternate cleaning methods may
be exempt from this requirement at the discretion of the Director
of Health and Human Services or authorized agent.
D.
Floors. Floors shall be nonporous and of such construction as to
be easily cleaned. Floors where tinting or shampooing is done, or
where chemicals for bleaching hair are used, shall have hard and washable
surfaces. Floors shall be kept clean and in good repair. Carpeting
or similar floor covering is acceptable for patron wait area only.
E.
Lighting. Lighting fixtures shall be of a sufficient number and properly
placed so as to provide adequate illumination.
F.
Ventilation. The shop will be properly and adequately ventilated
so as to remove excess heat and odors. Salon ventilation shall comply
with state and local building codes and ordinances.
G.
Cabinets. Cabinets shall be provided for storage of clean linen,
towels, blankets, and gowns. They shall have tight-fitting doors that
shall be kept closed to protect the linen, towels, blankets, and gowns
from dust and dirt.
H.
Receptacle for used towels and gowns. A covered receptacle, which
can be readily emptied and cleansed, shall be provided and maintained
in a sanitary manner. Chemically soiled towels and linens shall be
stored in fire-retardant containers.
I.
Refuse.
(1)
Covered containers for hair droppings, paper, and other waste material
shall be provided and maintained in a sanitary manner.
(2)
Containers stored outside the establishment shall consist of approved
garbage receptacles that have lids which are kept closed at all times.
The garbage receptacle area and property must be maintained in a clean
manner and free of litter at all times.
J.
Toilet facilities.
(1)
Adequate toilet facilities and hand wash sinks shall be provided
for customers and employees. Such facilities and hand wash sinks shall
be kept clean and in working order.
(2)
Adequate and conveniently located handwashing facilities shall be
provided with hot and cold running water through a mixing valve or
a combination faucet, a sanitary soap dispenser, and single-use towels
for customers and employees.
(3)
The use of common soap for more than one person is prohibited.
(4)
A covered refuse receptacle shall be provided in the ladies'
room.
K.
Work stations.
(1)
Chairs in work stations shall be at least 54 inches apart, center
to center. Those premises in operation prior to the passage of this
chapter are exempt from this requirement.
(2)
A two-foot-wide work space shall be maintained behind each chair
for the operator. Those premises in operation prior to the passage
of this chapter are exempt from this requirement.
(3)
Three-foot-wide aisles that are separate and discreet from work areas
shall be maintained through the shop.
(4)
It is prohibited to place hair dryers in any waiting room or encroach
on the required three-foot-wide aisle space.
L.
Barbershop, hairdressing and/or cosmetology shop in residence.
(1)
A barbershop, hairdressing and/or cosmetology shop located in a residence
shall be confined to a separate room (s), separated with ceiling-high
partitions and provided with a door to be closed at all times.
(2)
Provide a separate toilet facility for the operation.
(3)
The area within a home operated as a barbershop, hairdressing and/or
cosmetology shop shall be equipped with the facilities and instruments
required in all such establishments.
Every barbershop, hairdressing and/or cosmetology shop shall
comply with the following minimum requirements:
A.
General cleanliness.
(1)
The license holder of every barbershop, hairdressing and/or cosmetology
shop shall keep it in a clean and sanitary condition at all times.
(2)
It is prohibited to allow for hair droppings to accumulate on floors.
Hair droppings shall be removed frequently and as soon as possible,
in such a manner as not to cause objectionable conditions.
B.
Walls, ceiling, and fixtures.
(1)
Ceilings shall be kept in good repair and cracks in walls, especially
around baseboards, shall be filled in so as to prevent the harboring
and breeding of insects. All windows shall be screened to prevent
the entry of flying insects.
(2)
Cabinets, shelves, furniture, shampoo bowls, and fixtures shall be
kept clean and free of dust, dirt, and hair droppings. Arms, seats,
and rests of chairs shall be wiped of hair droppings after serving
each customer.
C.
Sanitary services.
(1)
It is prohibited for any person affected with an infectious disease
to be attended.
(2)
It is prohibited for a towel to be used for more than one person
without being properly laundered before each use.
(3)
A sanitary paper strip or clean towel shall be placed completely
around the neck of each customer before an apron or any other protective
device is fastened around the neck.
(4)
A properly laundered towel or paper shall cover the headrest of the
chair for each customer before the customer is permitted to recline
in such chair.
(5)
Foot baths and spas shall be emptied and cleaned and sanitized after
each use and between serving customers, including the removal of filter
screens for cleaning.
(6)
Scraping of calluses from the feet with razor-sharp credo or similar
blades is prohibited.
(7)
Steel nail files are prohibited. Single-use emery boards shall be
used and disposed of after each customer.
(8)
The cutting of cuticles using cuticle scissors is prohibited.
(9)
All manicure workstations shall be thoroughly cleaned after each
customer.
(10)
Clean towels shall be delivered in closed containers and kept in
a clean, closed cabinet or closet. A commercial linen service shall
be used for laundering if not done on the premises.
(11)
An EPA registered disinfecting/sanitizing agent shall be used when
washing towels and linens.
D.
Sanitation of equipment and implements.
(1)
Hair brushes, combs, and all other implements used on a customer
shall be kept clean and sanitary at all times and shall undergo thorough
cleansing and disinfecting after serving each customer or single-service
disposable implements shall be used.
Manicure items may be kept at the establishment for the original
customer if stored in a covered container labeled with the customer's
name.
(2)
Cleaned and disinfected implements shall be stored in sanitary, covered
containers which shall contain a disinfectant or in a clean drawer.
(3)
After handling a customer affected with an eruption or whose skin
is broken out or is inflamed or contains pus, the instruments shall
be effectively cleaned, washed with soap or detergent and water, then
disinfected with an EPA registered disinfectant labeled as bactericidal,
fungicidal, and virucidal for at least 10 minutes or according to
the manufacturer's instructions.
(4)
Shaker-top containers shall be provided for dispensing lotions and
powders.
(5)
Single-service towels, papers, and other material shall be disposed
of in the proper receptacle immediately after use and shall not be
used again.
(6)
All disposable materials that come into contact with blood and/or
body fluid shall be disposed of in sealable plastic bags prior to
placing in the waste receptacle.
(7)
All articles that come into direct contact with the customer's
skin, nails, or hair that cannot be effectively cleaned and disinfected
shall be disposed of in a covered waste receptacle immediately after
use.
E.
Shaving brushes, mugs, finger bowls, and credo blades. The use of
shaving brushes, shaving mugs, and credo blades is prohibited. The
use of finger bowls for manicure and/or pedicure purposes is allowed,
but the finger bowl shall be properly cleaned and disinfected after
each customer. Disposable, single-use finger bowls may be used.
F.
Alum and other astringents. Alum or other material used to stop the
flow of blood shall be applied in powered or liquid form only.
G.
Neck dusters, powder puffs, makeup brushes, and sponges. The use
of brush neck dusters, powder puffs, makeup brushes, and sponges are
prohibited unless they are single-use disposable implements.
H.
Animals. It is prohibited for any animals, pets, or live birds to
be kept in any barbershop, hairdressing and/or cosmetology shop. This
prohibition does not apply to service animals.
A.
Cleanliness of operators. The hands of the operators shall be thoroughly
washed with soap and warm water before serving each customer and immediately
after using the toilet or eating.
B.
Health of operators. It is prohibited for any person known to be
affected with any communicable disease in an infectious stage to engage
in barbering, hairdressing, or cosmetology.
C.
No employee shall knowingly serve any patron who is afflicted with
an infectious disease including, but not limited to, impetigo, folliculitis,
lice, nits, ringworm or nail fungus.
D.
No employee shall serve a patron with an open wound in the area(s)
to be serviced, i.e., hands, feet, head, etc.
E.
No employee shall remove or attempt to remove a wart, mole, skin
tag or treat any disease of a patron.
F.
Eating/drinking while providing service. It is prohibited for operators
to eat or drink while providing services to a customer.
It is prohibited to smoke while providing services to a customer.
While attending any customer in a barbershop or hairdressing
and/or cosmetology shop, operators shall wear clean, washable garments
having at least one-quarter length sleeves.
All persons engaged in the activities of a barber, hairdresser,
cosmetician, esthetician, eyelash technician or nail technician shall
be properly licensed by the Connecticut Department of Public Health,
and the license shall be displayed in a conspicuous place adjacent
to or near each workstation so that the public may see it.
A.
In addition to other remedies as provided in this chapter, the provisions
of this chapter may be enforced by citation of not more than $250,
as established by the Department of Health and Human Services. Each
day's violation shall be a separate offense and is subject to
additional citation.
B.
Any person, firm, or corporation operating a barbershop, hairdressing
and/or cosmetology shop without a license under the provisions of
this chapter shall be subject to a citation of $250 for each such
violation. Each day's violation shall be a separate offense and
is subject to an additional citation of $250.
C.
The following people have authority to issue citations for violations
pursuant to this chapter: Director of Health and Human Services, Environmental
Health Administrator, Sanitarian.
D.
A violation of this chapter may also subject any person, firm or
corporation to the provisions of Section 19a-206 of the Connecticut
General Statutes.
