It is hereby declared that the business of operating massage
establishments as defined herein is a business affecting the public
health, safety and welfare.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
AUTHORIZED AGENT
A person designated by the Director of Health to act for
him in administering any state or local codes, regulations, or ordinance
pertaining to massage establishments or massage therapy.
CONNECTICUT-LICENSED MASSAGE THERAPIST
A person who has been licensed to practice massage therapy
under the provisions of §§ 20-206a to 20-206c, inclusive,
of the Connecticut General Statutes.
EMPLOYEE
Any and all persons other than the massage therapist who
render any service in a massage establishment who have no physical
or aid treatment contact with customers or clients.
MASSAGE ESTABLISHMENT
Any establishment having a fixed or mobile business where
any person, association, partnership, or corporation engages in or
carries on, or permits to be engaged in or carried on, any of the
activities pertaining to massage therapy.
MASSAGE THERAPY
The systematic and scientific manipulation and treatment
of the soft tissues of the body, by use of pressure, friction, stroking,
percussion, kneading, vibration by manual or mechanical means, range
of motion and nonspecific stretching. Massage therapy may include
the use of oil, ice, hot and cold packs, tub, shower, steam, dry heat,
or cabinet baths, for the purpose of, but not limited to, maintaining
good health and establishing and maintaining good physical and mental
condition. "Massage therapy" does not encompass diagnosis, the prescribing
of drugs or medicines, spinal or other joint manipulations, or any
service or procedure for which a license to practice medicine, chiropractic,
naturopathy, physical therapy, or podiatry is required by law.
No massage establishment, fixed or mobile, shall be located
within a distance of 500 feet of a public or private educational facility,
public library, structure or building used for conducting religious
services, or any other massage establishment.
Each applicant wishing to maintain, operate or conduct a massage establishment shall file a permit application on forms provided by the Director of Health and pay a filing fee as provided in Chapter
215, Fees.
The permit for the massage establishment shall be posted in
a conspicuous place in the establishment. Licenses of all massage
therapists must also be present and posted in a conspicuous place
within the establishment. Failure to so post any permit or license
shall result in the presumption that the establishment and/or its
massage therapists are operating in violation of this chapter.
No permit to operate a massage establishment shall be issued
unless an inspection by the Director of Health, his agent or, if applicable,
an agent of the State Department of Public Health reveals that the
establishment complies with all of the following minimum requirements.
On issuance of an original or renewal permit, the Director of Health,
his agent or, if applicable, an agent of the State Department of Public
Health shall review the premises and establish that all sanitary facilities
are in compliance with all provisions of the Connecticut Public Health
Code, state statutes, regulations, and local ordinances, and that
all food and beverage service areas are in compliance with appropriate
regulations, statutes, codes, standards, regulations and ordinances.
A. Construction of rooms used for toilets, tubs, steam baths, whirlpools,
and showers shall be waterproofed with approved waterproof materials.
B. Toilet facilities shall be provided in convenient locations. When
five or more employees and/or patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided
for each sex. A single water closet per section shall be provided
for each 20 or more employees and/or patrons or fraction thereof of
that sex capable of being on the premises at any one time. Urinals
may be substituted in lieu of every other water closet after one water
closet has been provided for males. Toilets shall be designated as
to the sex to be accommodated and meet all Public Health Code requirements.
C. A minimum of one lavatory or water basin shall be provided for every
20 or more employees and/or patrons with both hot and cold running
water supplied through a mixing valve installed in either the toilet
room or vestibule immediately located adjacent to toilet rooms. Lavatories
or washbasins shall be provided with soap in a proper dispenser and
with sanitary towels or adequate drying devices. No common toweling
of any kind will be allowed.
D. Water supplies and sewage and waste disposal systems shall be in
compliance with all regulations of the Connecticut Public Health Code
and applicable local ordinances, rules and regulations of the Town
of Plainville.
E. Refreshment facilities shall be separated from service facilities
and shall be in compliance with all regulations of the Town of Plainville
and the Connecticut Public Health Code regarding food and beverages.
No massage establishment shall modify the physical layout in
any way without first submitting plans to and receiving approval therefor
from the Director of Health and any other department of the Town when
so required.
No permit for a massage establishment shall be transferable
except by written application to and approval by the Director of Health;
provided, however, that upon the death or incapacity of the authorized
permittee of an existing massage establishment, the establishment
may continue in business for 30 days after death or incapacity of
the authorized permittee, provided that a licensed massage therapist
is on staff, to allow for an orderly application process for a new
permit.
No massage establishment granted a permit under the provisions
of this chapter shall place, publish or distribute or cause to be
placed, published or distributed any advertising material that depicts
any portion of the human body that would reasonably suggest to prospective
patrons that any services are available other than those services
described and authorized under definitions and licensure in these
regulations, or that employees or massage therapists are dressed in
such a manner or behave in such a manner as to suggest that they or
the establishment is engaged in keeping or residing in a house of
ill fame, soliciting of a lewd or unlawful act, prostitution or pandering.
Nor shall any massage establishment indicate in the text of such advertising
that any services are available other than those described and authorized
under approved licensure and definitions of this chapter.
A full schedule of service rates shall be posted in a prominent
place within the massage establishment in such a manner as to come
to the attention of all patrons before they receive any services.
No charges other than the specified rates for specified services are
to be allowed without the patron being notified of the full cost prior
to the rendering of any service. Such rates shall be posted with the
display of the permit for the massage establishment and the licenses
of the massage therapists.
These regulations shall not apply to any school, nonprofit private
United Way agency, hospital, nursing home or sanitarium, clinic or
rehabilitation facility operating in accordance with the laws of the
State of Connecticut, nor to any employee working under the direction
of such facility, nor to any person holding a valid, unrevoked certificate
or license to practice the healing arts or to practice podiatry, physical
therapy, midwifery, nursing, dentistry, dental hygiene or optometry
nor the persons engaged in the occupations of barber, hairdresser
or cosmetician under the laws of the State of Connecticut, provided
that the activities of such person are confined to those for which
the certificate or license is granted, or persons lawfully acting
under their supervision or control, nor shall it prohibit the furnishing
of assistance in the case of emergency.
Every person, except persons who are specifically exempt by
this chapter, whether acting as individual, owner, agent or employee
of the owner, operator or employee of operator, or acting as a participant
or worker in any way, who provides massage therapy or conducts a massage
establishment without first obtaining a permit and paying a permit
fee to the Town of Plainville or shall violate any of the provisions
of this chapter shall be guilty of a misdemeanor. Upon conviction,
such person shall be punished by a fine not to exceed $250, and every
day of any such continued violation shall constitute a separate offense.