For the purpose of this chapter, certain words and terms herein
are defined as follows:
CERTIFIED OR LICENSED MASSAGE THERAPIST PRACTITIONER
Either a person who is certified by the State of New Jersey
to provide massage, bodywork and somatic services pursuant to the
Massage, Bodywork, and Somatic Therapist Certification Act of 1999 or a person who has obtained a massage therapist license
pursuant to this chapter.
EMPLOYEE
Any person other than a massage practitioner who renders
any service in connection with the operation of a massage business
and receives compensation from the operator of the business or patrons.
HEALTH AUTHORITY
A registered environmental health specialist, health officer
or authorized designee representing the New Jersey Department of Health
and Senior Services or the Bridgewater Township Health Department
or Somerset County Health Department.
MASSAGE, BODYWORK AND SOMATIC THERAPIES
Refers to systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, and mobilizing
soft tissue of the body by manual technique and the use of visual,
kinesthetic, auditory and palpating skills to assess the body for
the purpose of applying therapeutic massage, bodywork or somatic principles.
Such applications may include, but are not limited to, the use of
therapies such as heliotherapy, the use of moist hold and cold external
applications, external applications of herbal or topical preparations
not classified as prescription drugs, movement and neural myofascial
education and education in self-care and stress management.
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
Any establishment having a fixed place of business where
any person, firm, association, or corporation engages in, carries
on, or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage, bodywork, or somatic therapies."
PATRON
Any person who receives a massage or associated therapy under
such circumstances that it is reasonably expected that he or she will
pay money or give other consideration therefor.
PERSON
Any individual, copartnership, firm, association, joint-stock
company, corporation or combination of individuals of whatever form
of character.
REGISTRANT
The owner and/or operator of a massage, bodywork, or somatic
therapy establishment.
No person shall operate a massage, bodywork or somatic therapy establishment in the Township without obtaining from the Township Health Department a massage establishment registration document. The registration to operate shall not be transferable, must be renewed annually, and shall continue in force until the last day of the 12th month following the issuance of the license, unless removed, and subject to revocation and/or suspension in accordance with §
138-12. The person operating a massage establishment shall prominently display licenses issued by the Township.
No person, other than a person certified by the State of New
Jersey pursuant to the Massage, Bodywork, and Somatic Therapist Certification
Act of 1999 shall work as a massage therapist practitioner in the
Township without first obtaining from the Township Health Department
a massage therapist practitioner license, which shall be in the form
of a photo identification card issued by the Township Police Department.
Every registration and license shall be displayed in a conspicuous
place within the massage establishment so that persons entering the
premises may readily see same. Every registration and license issued
pursuant to this chapter shall include a photograph of the person
to whom the license is issued.
All massage establishments that are operated in the Township
shall comply with the following sanitation and hygiene standards:
A. All equipment, shower stalls, toilets, lavatories, and any other
such appliances of the establishment shall be regularly treated with
disinfectants and shall be maintained in a clean and sanitary condition
at all times.
B. Uniform Construction Code officials, Health Authority, fire prevention
officials, plumbing, electric and building inspectors shall be given
access to any part of a massage and/or somatic therapies business
for the purposes of inspection at all times the establishment is open
for operation. Refusal to permit entry by any of the above officials
or obstruction of any investigation shall be grounds for revocation
of license.
C. No massage and somatic therapies business shall knowingly serve any
patron infected with fungus or other skin infections, nor shall service
be performed on any patron exhibiting skin inflammation or eruptions,
provided that a duly licensed physician may certify that a person
may be safely served, prescribing the conditions thereof.
D. All personnel shall wash their hands in hot running water, using
liquid hand soap and disinfectant directly before and after giving
any service or treatment to each separate patron.
E. All personnel, including massage therapist practitioners, shall wear
clean, nontransparent garments, covering the sexual and genital areas.
F. Nondisposable tools and instruments shall be disinfected with recognized
and approved agents after use upon any patron.
G. The sexual or genital area of patrons must be covered by towels or
undergarments when in the presence of an employee or massage therapist.
H. It shall be unlawful for any person, knowingly, in a massage establishment,
to place his or her hand upon, to touch with any part of his or her
body, or to fondle in any manner a sexual or genital area of any other
person.
I. No massage therapist, employee or operator shall perform, offer or
agree to perform, any act which would require the touching of the
patron's genital area.
J. Price rates for all services shall be prominently posted in the reception
area and in each massage room in a location available to all prospective
customers. Such posting shall include a statement as follows: "Pursuant
to the ordinance of the Township of Bridgewater: The genital areas
of all customers shall be covered at all times when in the presence
of an employee or massage therapist. No employee or massage therapist
shall touch or fondle in any manner the sexual or genital area of
any person. Any person or customer violating this ordinance shall
be subject to prosecution under this and applicable state law."
K. All massage, bodywork and somatic therapy establishments shall provide
clean laundered sheets and towels which shall be laundered after each
use thereof and stored in a sanitary manner.
L. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. 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 thoroughly cleaned after
each use. When carpeting is used on floors, it shall be kept dry.
M. Oils, creams, lotions and other preparations used in administering
massage, bodywork or somatic therapies shall be kept in clean closed
containers or cabinets when not in use.
N. Animals, except for Seeing Eye or similar service dogs, shall not
be permitted in the massage work area.
No part of any quarters of any massage, bodywork, or somatic
therapies business shall be used for or connected with any bedroom
or sleeping quarters, nor shall any person sleep in such massage,
bodywork, or somatic therapies business except for limited periods
incidental to and directly related to a massage or bath. This provision
shall not preclude the location of a massage, bodywork, or somatic
therapies business in separate quarters of a building housing a hotel
or other separate businesses or clubs.
Any violation by the registrant and/or licensee of any of the
provisions of this chapter shall be grounds for the immediate revocation
of a registration and/or license. However, the registration and/or
license shall not be revoked until a hearing therein shall have been
had before the Bridgewater Board of Health with recommendations from
the Board to the Mayor. Written notice of the time and place of such
hearing shall be served upon the registrant and/or licensee at least
72 hours prior to the date set for such a hearing. Such notice shall
also contain a brief statement of the grounds to be relied upon for
revoking the registration and/or license. Notice may be given either
by personal delivery or by regular mail to the address listed on the
registration and/or license. At the hearing before the Bridgewater
Board of Health, the registrant and/or licensee shall have an opportunity
to answer and may thereafter be heard, and upon due consideration
and deliberation by the Bridgewater Board of Health, the registration
and/or license may be revoked or the complaint may be dismissed. The
Mayor shall review the recommendations of the Board of Health and
advise the registrant within 10 days of the Board's recommendation
of the final decision.
The Department of Health, Police Department, Code Enforcement,
Township Engineer, Township Fire Officials and other Township departments
may make unannounced inspections of each massage, body work, or somatic
therapy establishment granted a registration under the provisions
of this chapter for the purpose of determining whether the provisions
of this chapter are complied with. Such inspections shall be conducted
at any time the establishment is open for business. It shall be unlawful
for any registrant to fail to allow such inspection officer access
to the premises or to hinder such official in any manner.
The Massage, Bodywork and Somatic Therapist Certification Act
became effective on August 8, 1999, in the State of New Jersey. This Act only applies to the certification of persons
who perform massage, bodywork and somatic therapy and not to the location
where they practice. Once the New Jersey Department of Community Affairs
establishes a New Jersey Board of Massage, Bodywork and Somatic Therapy,
rules and regulations necessary to effectuate the purpose of the Act
will become standard. Wherever referenced in this chapter, it is the
intent to incorporate these standards, once adopted, by reference
in this chapter.