[HISTORY: Adopted by the Board of Health of the Township
of Mount Olive 7-25-2012 by Ord. No. BOH 1-2012 (Ch. 292 of the
1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Tattoo and body piercing establishments – See Ch. 458.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning:
Means and refers to systems or activity of structured touch
which include, but are not limited to, holding, applying pressure,
positioning and mobilizing soft tissue of another person's body
by manual technique and/or use of visual, kinesthetic, auditory and
palpating skills to assess the body for purposes of applying therapeutic
massage, bodywork or somatic principles. Such applications may include,
but are not limited to, the use of therapies such as heliotherapy
or hydrotherapy, the use of moist or dry, hot or cold, external applications,
external application of herbal or topical preparations not classified
as prescription drugs, movement and neuromyofascial education and
education in self-care and stress management.
Any person who administers massage, bodywork and/or somatic
therapies for any form of consideration.
Any establishment wherein massage, bodywork and/or somatic
therapies are administered or are certified to be administered, when
such therapies are administered for any form of consideration.
All other agents, servants, employees, or persons located
at, engaged by, or employed by a person, entity, or business that
offers massage, bodywork or somatic therapies, except for clients
of or visitors to the place of business, shall be required to be certified
by the Township Health Department.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
A.
Massage, bodywork and somatic therapy establishment health certificate
required. No person, firm or corporation shall operate any establishment
or utilize any premises in the Township of Mount Olive as a massage,
bodywork and/or somatic therapy establishment unless or until there
has first been obtained a health certificate for such establishment
from the Township of Mount Olive Board of Health in accordance with
the terms and provisions of this chapter.
B.
Massage, bodywork and somatic therapist's health certificate
required. No person shall practice massage or related therapies as
a massage, bodywork or somatic therapist employee or otherwise in
Mount Olive Township unless he or she has a valid and subsisting massage,
bodywork and somatic therapist's application approved to him
or her by the Township of Mount Olive Board of Health pursuant to
the terms and provisions of this chapter.
C.
Nontherapist employee health certificate required. All non-therapist
employees shall be required to obtain a health certificate from the
Township of Mount Olive Board of Health pursuant to the terms and
provisions of this chapter.
[Added 12-16-2015 by Ord.
No. BOH 2015-4[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection C as Subsection D.
D.
Health certificates and building inspections must be completed and/or
renewed prior to January 1 of every calendar year.
A.
Establishment certificate. Every applicant for a certificate to maintain, operate or conduct a massage, bodywork or somatic therapy establishment shall file an application with the Mount Olive Health Department upon forms provided by said department and pay an annual fee as set forth in § 412-1, which fee shall be submitted for the initial calendar year with the application and which shall thereafter become due on the first day of January each year thereafter.[1]
[1]
Editor’s Note: Former Subsection B, regarding therapist
certificate fees, which immediately followed this subsection, was
repealed 12-16-2015 by Ord. No. BOH 2015-4.
Any person desiring a massage, bodywork or somatic therapy establishment certificate shall file a written application with the Mount Olive Health Department. The applicant shall provide the application fee as required in § 426-3 and shall, in addition, furnish the following information:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name, style and designation under which the business is to be
conducted.
C.
The business address and all telephone numbers, including facsimile
and e-mail addresses, where business is to be conducted, as well as
the cellular telephone number of the principal manager or operator
of the establishment.
D.
A complete list of the names and residence addresses of all massage,
bodywork and somatic therapists, employees and nontherapist employees
of the business and the name and residence address of the manager
and owner or other person principally in charge of the operation of
the business. It shall be the responsibility of the owner/operator
to maintain an updated employee list and provide same to the Mount
Olive Township Health Department Office. This list shall also be made
available during all inspections.
[Amended 12-16-2015 by Ord. No. BOH 2015-4]
E.
A sworn statement indicating that all massage, bodywork and somatic
therapists employed or to be employed by the establishment or otherwise
permitted to work at the establishment have been issued a certificate
pursuant to this chapter.
F.
The following personal information concerning the applicant shall
be provided:
(1)
The name, complete residence address and residence and cellular telephone
number;
(2)
The two previous residential addresses immediately prior to the present
address of the applicant;
(3)
Written proof of age;
(4)
Height, weight, sex, color of hair and eyes;
(5)
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two inches by two inches in size;
(6)
The massage therapy or similar business history and experience, including,
but not limited to, whether or not such person has previously operated
in this or another municipality or state or operated under a license,
permit, or certificate or has had such license, permit, or certificate
denied, revoked or suspended and the reason therefor and the business
activities or occupations subsequent to such action of denial, suspension
or revocation;
(7)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which, convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver and consent to allow a fingerprinting and criminal
background check by the Mount Olive Township Police Department. Failure
to execute such a waiver and consent shall result in denial of a certificate.
A massage, bodywork or somatic therapy establishment certificate may
be denied to any person who has been convicted of a crime.
(a)
The above-referenced information shall be supplied for each
stockholder owning more than 10% of the stock of a corporation and
each officer and director of the corporation, if the applicant is
a corporation, and for each partner, including limited partners, if
the applicant is a partnership, or for any person who shall derive
income from the business's operations, whether listed as a partner
or not.
G.
The names and addresses of three adult residents of Morris County
who will serve as character references. These references must be persons
other than relatives or business associates.
H.
The submitted application must be accompanied by a copy of the signed
lease for the property location where the proposed massage establishment
will be in operation. The applicant must be listed as the lessee on
the lease.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
I.
A written physical description of the property and facilities, and
a written floor plan and interior design showing the layout of the
facilities, which shall be subject to the approval of the Mount Olive
Township Health Officer so as to ensure adequate and sanitary facilities.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
J.
A written acknowledgement that each business owner/applicant has
received a copy of this chapter.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
A.
The Mount Olive Health Department, upon receiving an application
for a massage, bodywork and somatic therapy establishment certificate,
shall refer the application to the Mount Olive Building Department,
the fire official, the Police Department and the Planning Department,
and they shall inspect the premises proposed to be operated as such
an establishment and shall make written recommendations to the Mount
Olive Board of Health concerning compliance with the codes that they
administer.
B.
No massage, bodywork, and somatic therapy establishment shall be
allowed to operate, be established or maintained or issued a certificate
in Mount Olive Township unless an inspection by the Mount Olive Township
Health Officer, Building Inspector, Fire Official and Zoning Officer
or their designees reveals that the establishment complies with the
minimum requirements of the building, zoning and health codes for
businesses operating in the Township of Mount Olive. In addition,
the establishment must comply with each of the following minimum requirements:
(1)
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall have surfaces which may be readily disinfected, and
shall be maintained in a sanitary condition and regularly cleaned
and disinfected.
(2)
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 are to be served simultaneously, separate
bathing, dressing, locker and massage room facilities shall be provided.
(3)
The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
(4)
Adequate hand-washing facilities with a full liquid soap dispenser
shall be provided at convenient locations as necessary to maintain
clean hands and arms of all employees during hours of operation.
A.
To be eligible for a certificate as a massage, bodywork and somatic
therapist, an applicant shall submit satisfactory evidence of certification
from the State of New Jersey pursuant to the Massage, Bodywork and
Somatic Therapist Certification Act, P. L. 1999 c. 19.[1] In the event that such certification has not been made
available by the State of New Jersey, then satisfactory evidence of
the following must be submitted:
(1)
Successful completion of a minimum of 500 hours, in-class study in
the field of massage, bodywork or somatic therapy; or
(2)
Successful completion of the written examination offered by the National
Certification Board for Therapeutic Massage and Bodywork.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
B.
For up to one year (365 days) after the date procedures are established by this chapter for applying for a certificate to conduct massage, bodywork or somatic therapy in the Township of Mount Olive, any person engaged in the full-time practice of massage, bodywork or somatic therapy for two years preceding the enactment of this chapter or any person engaged in the part-time practice of massage, bodywork or somatic therapy for five years preceding the enactment of this chapter and who has successfully completed a minimum of 200 hours of education or training in massage preceding the enactment of this chapter, may acquire a certificate to practice without satisfying the requirements in Subsection A(1) and (2) above. One year after the enactment of this chapter, any person wishing to be certified as a massage, bodywork or somatic therapist in the Township of Mount Olive must fulfill the requirements in Subsection A above.
C.
The following information concerning the application will also be
required:
(1)
The name, complete residence address and residence telephone number
of the applicant;
(2)
Previous addresses within the last five years prior to the present
address of the applicant;
(3)
Written proof of age;
(4)
Height, weight, sex and color of hair and eyes;
(5)
Two front-face portrait photographs taken within 30 days of the date
of the application and at least two inches by two inches in size;
(6)
The massage therapy or similar business history and experience, including,
but not limited to, whether or not such a person has previously operated
in this or another municipality or state or under a license, permit,
or certificate that has been denied, revoked or suspended and the
reason therefor and the business activities or occupations subsequent
to such action or denial, suspension or revocation;
(7)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver and consent to allow a fingerprinting and criminal
background check by the Mount Olive Township Police Department. Failure
to execute such a waiver and consent shall result in denial of a certificate.
A massage, bodywork or somatic therapist's certificate may be
denied to any person who has been convicted of a crime; and
(8)
The names and addresses of three adults residing in Morris County
who will serve as character references. These references must be persons
other than relatives and business associates.
[Amended 12-16-2015 by Ord. No. BOH 2015-4]
[Added 12-16-2015 by Ord.
No. BOH 2015-4[1]]
A.
All nontherapist employees shall complete and submit an application
to the Mount Olive Township Health Department, with the application
to be signed in front of a representative of the Township Health Department
during their hours of operation. The application shall contain the
following:
(1)
The name and complete address and residence telephone number of the
applicant;
(2)
Previous addresses within the last five years prior to the present
address of the applicant;
(3)
Written proof of age;
(4)
Height, weight, sex and color of hair and eyes;
(5)
Two front-faced portrait photographs taken within 30 days of the
date of the application and at least two inches by two inches in size;
(6)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver of consent to allow fingerprinting and a criminal
background check by the Mount Olive Police Department. Failure to
execute such a waiver and consent shall result in denial of a certificate.
A.
With the exception of massage, bodywork and somatic therapists who
are certified pursuant to P.L. 1999 c. 19,[1] all applicants seeking a certificate under this chapter
shall obtain a criminal history record check via electronic live scan
at one of the approved sites. The applicant shall undergo fingerprinting
by the method and/or vendor utilized by the New Jersey State Police
at the time of the application. The applicant shall be responsible
for all related fees associated with the fingerprinting process.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
B.
When the application is properly filled out, signed by the applicant
and has been filed with the Mount Olive Department of Health with
all accompanying information, the application shall be referred to
the Mount Olive Township Police Department. The Chief of Police or
his or her designee shall investigate the information available as
to the moral character of the applicant, and shall recommend approval
or disapproval of the application within 90 days. Reasons for a recommendation
of disapproval shall be set forth in writing on the reverse side of
the application. In evaluating a criminal record of an applicant,
the Chief of Police must consider whether the crime relates adversely
to the occupation of a massage therapist establishment pursuant to
the criteria set forth in N.J.S.A. 2A:168A-2 et seq. The application
shall be returned to the Mount Olive Health Department who will either
issue the certificate or notify the applicant of a denial.
[Amended 12-16-2015 by Ord. No. BOH 2015-4]
[Amended 12-16-2015 by Ord. No. BOH 2015-4]
The massage, bodywork or somatic therapy establishment shall
display its health certificate as well as the original license of
each and every massage, bodywork and somatic therapist and all nontherapist
employees certificates, employed in the establishment in an open and
conspicuous place on the premises of the establishment. A two-inch-by-two-inch
passport size photo of the licensed therapist or nontherapist employee
must be affixed to the displayed license of each and every massage,
bodywork and somatic therapist employed by the establishment and every
nontherapist employee certificate. In addition, all therapists and
nontherapist employees on site must have in their possession a government
issued photo ID.
Every massage, bodywork and somatic therapy establishment shall
comply with the following:
A.
Every portion of the massage, bodywork and somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition;
B.
Price rates for all services shall be prominently posted in the reception
area in a location available to all prospective customers;
C.
All employees, including massage, bodywork and somatic therapists,
shall be clean and wear clean, nontransparent outer garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward and shall be self-closing;
D.
All massage, bodywork and somatic 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;
E.
The buttocks, genital area and female breasts of patrons must be
covered by towels, cloths or undergarment when in the presence of
an employee or massage, bodywork or somatic therapist;
F.
It shall be unlawful for any person knowingly, in a massage, bodywork
and somatic therapy establishment, to place his or her hand upon or
touch with any part of his or her body, to fondle in any manner or
to massage the buttocks, genital area or female breasts of any other
person, unless such massage has been ordered by a prescription signed
by a licensed medical doctor, chiropractor or doctor of osteopathic
medicine. No massage, bodywork and somatic therapist, employee or
operator shall perform or offer to perform any act which would require
the touching of the patron's buttocks, genital area or female
breasts;
G.
All walls, ceilings, 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 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 the floors, it shall
be kept dry, clean and sanitary;
H.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets;
I.
Animals, except for seeing eye dogs, shall not be permitted in the
massage work area; and
J.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using a proper soap or disinfectant before
administering a massage, bodywork or somatic therapy to a patron.
K.
Client records must be kept for each and every client who receives
services from the massage establishment. These records shall include
at minimum an intake form filled out by each customer to include their
name, address, phone number, date of birth, date of service, the specific
service they have received, the licensed therapist's full name,
their New Jersey State massage therapist's license number, and
the signature of the client. These records must be stored on the premises
and available for review by the Health Department at all times for
a period of not less than three years of the date service was performed.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
L.
Pest control chemicals or sprays are prohibited. Pest control services
must be performed by NJDEP-licensed pest control contractors.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
M.
The massage establishment shall conform to and observe all applicable
rules, regulations and prohibitions set forth by the Division of Consumer
Affairs.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
N.
A licensed massage therapist licensed by the Division of Consumer
Affairs must be present during the facilities hours of operation.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
O.
The laundering of personal clothing and/or other items is prohibited.
Personal clothing and other personal items may not be commingled with
the linens or towels used in the operation nor shall personal clothing
not specific to the operation be stored on the premises.
[Added 12-16-2015 by Ord.
No. BOH 2015-4]
Any patron under the age of 18 years of age must be accompanied
by a parent or guardian or adult with written permission of the parent
or guardian.
A.
Alcoholic beverages shall not be distributed or consumed on the premises
of any massage, bodywork and somatic therapy establishment certified
under this chapter.
B.
Controlled dangerous substances, as defined by the laws of the State
of New Jersey, shall not be distributed or consumed on the premises
of any massage, bodywork and somatic therapy establishment certified
pursuant to this chapter.
The Mount Olive Health Department, Police Department and/or
the Building Department shall, from time to time, make inspections
of each massage, bodywork and somatic therapy establishment granted
a certificate under the provisions of this chapter for the purpose
of determining whether the provisions of this chapter are being complied
with. Such inspections shall be made at reasonable times and in a
reasonable manner at least twice a year. It shall be unlawful for
any person to fail to allow such inspection officer access to the
premises or to hinder such officer in any manner.
A.
Certificates issued under this chapter may be revoked by the Mount
Olive Township Clerk after notice and a hearing conducted by the Mount
Olive Board of Health for any of the following causes:
(1)
Fraud, misrepresentation or false statement in the application for
the certificate;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in Mount Olive Township;
(3)
Any violation of this chapter;
(4)
Conviction of a crime involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution
and any crime involving dishonesty; and
(5)
Conducting the permitted business in Mount Olive Township in an unlawful
manner or in such a manner as to constitute a menace to the health,
safety or general welfare of the public.
B.
The conviction of an employee of the establishment for a violation
of the prohibited acts set forth in this section shall create rebuttable
presumption that the owner/operator had actual or constructive knowledge
of the violation resulting in the conviction and shall constitute
cause for the suspension or revocation of the establishment certificate.
[Amended 12-16-2015 by Ord. No. BOH 2015-4[1]]
C.
Notice of the hearing for the revocation of a certificate 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 holder of such certificate at his/her
last known address at least five days prior to the date set for the
hearing.
D.
Such certificate may, pending revocation proceedings, be suspended
for not more than 10 days by the Mount Olive Health Officer if, in
his/her opinion, the conduct of the establishment inclusive of its
employees' certificate holder is detrimental to the health, safety
and general welfare of the Township of Mount Olive.
E.
The Mount Olive Board of Health shall conduct the hearing pursuant
to this chapter.
No part of any quarters of any massage, bodywork and somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters nor shall any person sleep in such massage, bodywork
and somatic therapy establishment except for limited periods incidental
to and directly related to a massage, bodywork or somatic therapy
treatment or bath. This provision shall not preclude the location
of massage, bodywork and somatic therapy establishments in separately
demised quarters of a building housing a hotel or other separate businesses
or clubs.
The provisions of this chapter shall not apply to massage, bodywork
or somatic therapies given:
A.
In the office of a licensed physician, chiropractor or physical therapist;
or
B.
By a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
C.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
D.
By a licensed barber or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et
seq.
In addition to the revocation or suspension of the certificate
granted under this chapter, any person who violates any provision
of this chapter shall, upon conviction, be punished by a fine of not
less than $100 nor more than $2,000 or by imprisonment in the county
jail for a term not exceeding 90 days, or by a period of community
service not exceeding 90 days, or any combination thereof, at the
discretion of the court. Each day a particular violation occurs shall
constitute a separate offense.
Massage, bodywork and somatic therapy establishments and therapists
operating in Mount Olive Township as of the date of the adoption of
this chapter must apply for a certificate within 60 days of the effective
date of this chapter and must obtain a certificate within 150 days
of the effective date of this chapter.
A.
No health certificate issued pursuant to this chapter may be assigned,
transferred, sold or posted as collateral.
B.
Any transfer of ownership with or without consideration in a business
shall render the certificate and any approvals from other municipal
departments immediately void. In the event of sale or transfer, the
new owner shall file a new application, pay the appropriate fees and
obtain a health certificate from the Mount Olive Board of Health prior
to commencing operation as a massage, bodywork or somatic therapy
establishment.