[Adopted 2-24-2003; amended 3-7-2005]
The Sharon Board of Health finds it necessary to issue permits for the practice of nail enhancement in order to protect the public health and safety and fulfill its statutory authority and responsibility to protect workers and clients of artificial nail salons from toxic substances such as, but not limited to, acetone, toluene, methacrylic acid (MMA), ethyl methacrylate (EMA), ethyl cyanoaclic, formaldehydes, benzoyl peroxide, and other chemicals which can be absorbed through the skin, eyes, and nails and by inhalation. It is the Board of Health's intent that only individuals and facilities which meet and maintain minimum standards of competence and conduct may provide such services to the public. The intent of the promulgation of these regulations is not to conflict with 240 CMR 1.00 through 7.00, Board of Registration of Cosmetology Regulations. Rather, these regulations are intended to supplement 240 CMR 1.00 through 7.00 with more stringent standards where necessary to protect the public health. The following regulations apply only to salons providing the services of artificial nails and sculptured nails. These regulations are adopted pursuant to the provisions of MGL c. 111, §§ 5 and 31.
For the purpose of these Artificial Nail Salon Regulations, the following terms shall have the following meanings, unless the context clearly requires otherwise:
- ARTIFICIAL NAILS
- The application and removal of sculptured, nonhuman, or nonnatural nails at a manicuring salon.
- BOARD OF HEALTH
- The Sharon Board of Health and/or any person authorized to act as its agent.
- Board of Health.
- BREATHING ZONE
- Area around the mouth and nose from which a person inhales air.
- The chemical or physical agent used in the disinfection process.
- A process that prevents infection by killing pathogens. Usually applies to a chemical or physical process that kills the vegetative forms of bacteria.
- DUST MASKS
- Devices worn over the nose and mouth to prevent inhalation of dust created by filing. Dust masks offer no protection against dangerous vapors and mists. They shall not be substituted for proper ventilation.
- Manicuring salon.
- Any instrument, either disposable or reusable, used in the practice of manicuring.
- A license issued by the Board of Cosmetology to operate a manicuring salon.
- LOCAL EXHAUST
- An exhaust device that captures vapors, mists, and dusts at the source and expels them from the breathing zone. Local exhaust consists of a hose or tube which is moveable and can be placed at the source of the contaminant. Local exhaust is intended to remove the contaminants at the source and prevent them from reaching the breathing zone.
- The act of cutting, shaping, polishing, or enhancing the appearance of the nails of the hands or feet. The application of these regulations is limited to the application and removal of sculptured or artificial nails.
- MANICURING SALON
- Any establishment, room, group of rooms, office building, place of business, or premises where manicuring services are performed by a professional or student/apprentice practitioner, with or without monetary compensation.
- NONSANITARY SEWAGE
- Liquid waste discharge from any source other than domestic, commercial, and other nonindustrial sources. For the purpose of these regulations, this includes any discharge containing chemicals, solutions, or solid waste created by, or used in, the process of the application, removal, or sculpturing of artificial nails.
- A permit to operate a manicuring salon will be issued by the Sharon Board of Health only after the pertinent sections of 240 CMR 3.00 through 7.00 are met.
- Manicuring salon.
- Reduction of the number of pathogenic contaminants to safe levels as judged by public health requirements.
- Introduction and circulation of fresh air while simultaneously replacing foul air. Filtration devices shall not be substituted for ventilation.
No salon shall engage in the practice of providing artificial nails in the Town of Sharon prior to receiving a permit from the Sharon Board of Health.
All applications must be submitted on a form approved by the Sharon Board of Health and be accompanied by a fee determined by the Board.
The Board of Health will not issue a permit until a satisfactory inspection of the facility is conducted by a Board of Health representative.
All permits shall be for a maximum time of one year and expire on December 31 of the year issued.
All permit renewal applications must be submitted to the Board of Health a minimum of 30 days prior to the expiration of the existing permit. Permits are not transferable to another owner, manager, person or location.
All toxic substances used in manicuring must be properly stored and labeled. This includes chemicals that have been removed from their original containers.
Material Safety Data Sheets (MSDS) must be kept on site for every chemical used in the salon and be readily available for review by the Board of Health, clientele, workers, and citizens.
All chemicals shall be covered when not in use, including between uses.
Whenever possible, dispensers with as small an opening as feasible should be used.
Every container, regardless of size, must be labeled with the name of the chemical and the percent concentration.
Covered waste receptacles must be provided at every work station and emptied at least once per day.
Disposal methods. All liquid wastes from the manicuring process are considered nonsanitary sewage and must be stored and disposed of as hazardous waste. Disposal of nonsanitary sewage to the ground or to the facility's septic system is prohibited.
Eyewash stations. At least one eyewash station must be readily available in all nail salons.
It must be located within a ten-second walk or 100 feet of any potential hazard. It must be visible and in good working order, allow hands-free operation and provide dual eye flushing.
The eyewash station must meet ANSI Z358.1 1990 (or revised) eyewash requirements. Use of squirt bottles is not allowed.
If chemicals come in contact with the eyes of a technician or a client, they must immediately call 911 and flood the affected eye(s) with cool or tepid water for 15 minutes while holding the eyelid open.
Ventilation. Every salon shall meet the following ventilation requirements:
Every shop shall be provided with adequate ventilation which draws air away from technicians and clients and vents to the outside.
A minimum ventilation rate of 60 cubic feet per minute (cfm) per manicuring station shall be provided to protect the health of the employees and patrons.
A salon shall operate said ventilation system (fan or exhaust system) during all hours the establishment is open.
A notice in English shall be prominently posted for patrons and employees to see, noting that the exhaust system must be operating at all times the establishment is open.
Local exhaust is the preferable method of ventilation where possible.
Exterior exhaust pipes must not impact neighbors or be located near any ventilation intakes.
Ventilation units must be kept in proper working condition.
The use of filtering devices which merely remove odors and not gases, mists, vapors, dusts, etc., shall not constitute ventilation. Simply circulating air around the establishment shall not constitute ventilation.
The salon air shall be filtered through a HEPA filter and at least a five-gallon canister packed with activated charcoal or an equivalent filter.
HEPA filters and activated charcoal canisters or equivalent filter shall be maintained and replaced in accordance with the manufacturer's specifications.
The salon shall maintain a log of equipment maintenance.
The requirements in 240 CMR 3.03, Board of Registration of Cosmetology Regulations, Equipment and Hygiene Procedures, apply equally to manicuring equipment. This includes but is not limited to clippers, nippers, cuticle pushers, scissors, reusable forms, manicure and pedicure bowls.
Buffers, files, porous drill bits and wooden sticks that absorb water, which cannot be disinfected, must be discarded after each patron.
Formalin is prohibited for use in manicuring salons permitted by the Sharon Board of Health because safer alternatives are now available.
Manicurist tables shall be disinfected between each patron.
No manicurist, demonstrator, instructor, or student shall provide services to a person who is afflicted with impetigo, pediculosis, or any fungal infection of the hands, feet, or nails; nor shall they provide services to any person with open cuts, scratches, or wounds to the hands, feet, or nails.
Smoking is not allowed in any area of the salon.
Use of any product containing methyl methacrylate (MMA) is prohibited.
The Board of Health or its authorized agent, acting in accordance with MGL c. 111, § 31, may, without notice or hearing, suspend a permit to operate a manicuring salon or may order the suspension of one of more particular operations if an imminent health hazard is believed to exist.
Whenever a suspension is ordered in this manner, the permit holder or manager, or person in charge of the establishment, shall be notified in a written statement which shall include but not be limited to the following information:
The Board of Health has determined that an imminent health hazard exists which requires the immediate suspension of operations;
The violations leading to the determination that an immediate health hazard exists; and
That a hearing will be held if a written request for a hearing is filed with the Board of Health within 48 hours of receipt of the notice of suspension.
Artificial nail salon permits shall be suspended immediately upon an inspection which reveals that any procedure in the salon is creating an imminent health hazard.
Due to the potentially serious hazard which exists regarding manicuring and bloodborne and other pathogens, strict adherence to these regulations is mandatory. Repeated violations of these regulations is cause for suspension of the Board of Health permit to operate.
Failure to disinfect implements properly between each customer shall be cause for immediate permit suspension. Frequent or continued failure to properly disinfect implements will result in revocation of the artificial nail salon permit.
If the Board of Health orders the suspension of an artificial nail salon permit, the permit holder shall be notified by written order. The order shall include, but not be limited to, the following information: