[HISTORY: Adopted by the City Council of the City of Quincy 2-10-2015 by Order No. 2014-197 (Ch. 8.37 of the 1993 Code). Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A
The City of Quincy is promulgating rules and regulations in the form of this chapter which provide minimum requirements to be met by any person performing bodywork therapies/activities for hire upon another individual and for any establishment wherein bodywork activities/therapies are to be performed. By enacting this chapter the City of Quincy has determined that these rules and regulations are necessary to protect the public's health and safety. It is the City's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide services to the public.
A. 
Unless otherwise noted below, the following terms shall have the following definitions:
BODYWORK
Various forms of therapies that may use touch, words or directed movement to deepen awareness of patterns of movement in the body or the affectation of the human energy system or acupoints or Qi meridians of the human body. Such services shall not be designated or implied to be massage or massage therapy. Bodywork practices shall include but not be limited to: the Feldenkrais® method; reflexology; the Trager® approach, Rolf® structural integration; polarity or polarity therapy; polarity therapy bodywork; acupressure; Jin Shin Do®; qigong; tui na; shiatsu; and body-mind centering.
CORI
Criminal Offender Record Information as obtained by the Quincy License Board[1] from the Massachusetts Criminal History Systems Board.
DEPARTMENT
The Quincy Health Department or the Health Commissioner, established in accordance with MGL c. 111, § 26D, and in accordance with Chapter 66, Article VIII, of the Quincy Municipal Code.
ESTABLISHMENT
The licensed room or group of rooms, office, building, place of business, training facility or school, or location where bodywork therapy is practiced or taught, which shall meet the standards set forth in 269 CMR 6.07.
LICENSE BOARD
The Board of Licensing Commissioners in accordance with Chapter 70, Acts of 1920, as amended by Chapter 275, Acts of 1949, which authorizes said Board to grant licenses and permits. The Board is made up of the City Clerk, Health Commissioner, Fire Chief, Police Chief, and Director of Inspectional Services (or their duly authorized designees).
[Amended 6-1-2020 by Order No. 2020-012]
NATIONAL CERTIFICATION FOR ASIAN BODYWORK THERAPY
The professional credential issued by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) after successfully meeting the eligibility requirements for and passing the national standardized exam.
NATIONAL PROFESSIONAL ORGANIZATION, ASSOCIATION OR INSTITUTE
An organization providing standards for practice, a code of ethics and grievance procedure and providing or approving a five-hundred-hour course of study for bodywork or a two-hundred-hour course of study for reflexology. National professional associations or institutes meeting the above criteria include but shall not be limited to those listed in Appendix A. Appendix A shall be amended and updated as necessary with the approval of the Health Commissioner.[2]
OFF-PREMISES LOCATION
The practice of bodywork at a location(s) other than an establishment.
PRINCIPAL MANAGING OFFICER
In the event that an applicant for a bodywork establishment license is a corporation, the officers and/or directors of the corporation must name at least one of said officers or directors to be named principal managing officer. In the event that an applicant for a bodywork establishment license is a partnership, the partners shall name at least one said partner to be named principal managing officer. The principal managing officer will assume responsibility as the applicant to complete all license requirements as required under § 126-6 of these regulations.
PROFESSIONAL BODYWORK PRACTITIONER
Any person who has completed a minimum five-hundred-hour credentialed course of study in bodywork therapy or a two-hundred-hour credentialed course in reflexology and who meets the standards of a national professional association or institute as evidenced by a credentialed membership in a national professional organization, association or institute and/or who has passed the Asian Bodywork Therapy Exam or National Reflexology Certification Exam and who for compensation, hire or reward engages in the practice of bodywork.
TRAINING FACILITY OR SCHOOL
Any premises, facility, structure or building used to train individuals to become professional practitioners of bodywork.
[1]
Editor's Note: Throughout this chapter references to the "Licensing Board" were amended to "License Board" 6-1-2020 by Order No. 2020-012.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
Feldenkrais® is a registered service mark of the Feldenkrais Guild. The words Rolfing® and Rolfer® are registered service marks of the Rolf Institute. Trager® is a registered service mark of the Trager Institute.
A. 
No person shall practice as a professional practitioner of bodywork for hire or reward or advertise or hold him/herself as being so engaged in the City of Quincy unless first having been issued a license required pursuant to these regulations. The fee for the initial license and for the annual renewal license shall be determined by the current License Board fee schedule but shall be no less than $25 annually.
B. 
No person shall own or operate an establishment for the practice of bodywork unless first having been issued a license required pursuant to these regulations. The fee for the initial establishment license and annual renewal license shall be determined by the current License Board fee schedule but shall be no less than $50 annually.
C. 
A license issued to the operator of an establishment or a license issued to a professional practitioner of bodywork is not transferable to another location or person.
D. 
All licenses expire on May 30 following the date of issue and must be renewed in accordance with these regulations.
These regulations shall not apply to the following individuals while engaged in the regular performance of the duties of their respective professions:
A. 
Physicians, chiropractors, osteopaths, occupational therapists or physical therapists who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts.
B. 
An acupuncturist duly licensed under the laws of the Commonwealth of Massachusetts.
No person shall be licensed to practice as a professional practitioner of bodywork in the City of Quincy unless he/she meets the following requirements:
A. 
Submit to the Quincy License Board a completed application package as supplied by the Quincy License Board.
B. 
Each application package shall include the following information:
(1) 
License Board application;
(2) 
CORI report;
(3) 
Tax form;
(4) 
Public hearing request form that includes sign-offs by Inspectional Services and the Fire Department; and
(5) 
Quincy Health Department sign-off package that shall include the following:
(a) 
A definition of services to be provided.
(b) 
Name and residential address and all names, nicknames and aliases by which the applicant has been known.
(c) 
The business, occupation or employment of the applicant for the three years immediately preceding the date of application.
(d) 
The bodywork or similar business license history of the applicant, whether such person has previously operated in this City or another town or state, has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
[Amended 6-1-2020 by Order No. 2020-012]
(e) 
Satisfactory evidence that the applicant is 18 years of age or older, by presenting two forms of positive identification with photo or a valid passport, or work visa (if applicable).
(f) 
Documentation of competency, to consist of submittal of sealed transcripts from an accredited school of bodywork therapy or reflexology therapy and evidence of having a current certificate of Asian Bodywork Therapy (ABT) and/or proof of current credentialed membership in a national bodywork therapy organization, association or institute. Such organization shall have requirements for membership that include standards for practice; code of ethics and grievance procedure; and providing or approving a five-hundred-hour course of study in bodywork or a two-hundred-hour course of study in reflexology (only) (see Appendix A).
(g) 
Two front-face photographs taken within 30 days of the date of application and at least two inches by two inches in size.
(h) 
Personal and professional references. Two professional and two personal references shall accompany all license applications. The applicant shall utilize a character reference form, to be supplied by the Quincy Health Department. At least one of the professional references and at least one of the personal references must be from Massachusetts residents. The references must be persons other than relatives or business associates.
(i) 
Completion of the Quincy Health Department's Risk Assessment Form for Tuberculosis. If deemed to be at risk, the applicant must submit proof of a negative skin test and/or negative chest x-ray result for tuberculosis. The tuberculosis skin test date and/or date of the chest x-ray shall not be more than one year prior to the date of application for license.
(j) 
Applicants shall provide proof of liability insurance in an amount not less than $1,000,000.
(k) 
Applicant must list the name(s) of the licensed establishment(s) where he or she will practice bodywork.
(l) 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated, signed and notarized in the City.
C. 
Issuance of license. The License Board shall issue a license for a bodyworker after all requirements, terms and conditions, including the following, have been met and complied with:
(1) 
The correct license fee has been tendered to the License Board.
(2) 
The applicant has attended a License Board public hearing and the Board has sustained a majority vote to approve the issuance of the license.
(3) 
Criminal history.
(a) 
The applicant has no criminal history of an offense involving sexual misconduct.
(b) 
The applicant has no criminal history of an offense involving narcotics, dangerous drugs or dangerous weapons.
(c) 
The Department may issue a license to any person with a criminal history of any of the above-mentioned crimes upon review of the following factors:
[1] 
Time since the offense (for convictions, must be at least five years);
[2] 
Age of the applicant at the time of the offense;
[3] 
Seriousness and specific circumstances of the offense;
[4] 
Relationship of the criminal act to the nature of the license being sought;
[5] 
Number of offenses;
[6] 
Any relevant evidence of rehabilitation or lack thereof; and
[7] 
No subsequent criminal offense of any nature.
(4) 
The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the license application or in any document required by the Board in conjunction therewith.
(5) 
The applicant has not had a bodywork license or other similar license denied, revoked or suspended by the City or any other state, city or town within five years prior to the date of the application.
[Amended 6-1-2020 by Order No. 2020-012]
(6) 
The work establishment(s) listed by the applicant is/are licensed by the Quincy License Board or meet(s) the requirements for initial licensure as set forth in § 126-6 of these regulations.
D. 
Renewal. A licensed bodywork practitioner must file an application on a form available from the License Board for renewal not less than 45 days prior to the expiration of his/her license. At time of filing the renewal application, the applicant shall submit satisfactory evidence of his/her current professional status.
No facility shall be licensed for the practice of bodywork in the City of Quincy unless the applicant or, where appropriate, the principal managing officer meets the following requirements:
A. 
Submit to the Quincy License Board a completed application package as supplied by the Quincy License Board.
B. 
Each application package shall include the following information:
(1) 
License Board application;
(2) 
CORI report;
(3) 
Tax form;
(4) 
Proof of workers' compensation insurance for the establishment;
[Amended 6-1-2020 by Order No. 2020-012]
(5) 
Public hearing request form that includes sign-offs by Inspectional Services and the Fire Department; and
(6) 
Quincy Health Department sign-off package that shall include the following:
(a) 
A definition of the service to be provided.
(b) 
The location, mailing address and all telephone numbers where the business is to be conducted.
(c) 
The name and residential address and telephone number of each applicant.
[1] 
If the applicant is a corporation, the names, telephone numbers and residential addresses of each of the officers and directors of said corporation and the address of the bodywork establishment, and the name of the principal managing officer.
[2] 
If applicant is a partnership, the names, telephone numbers and residential addresses of each of the partners, including limited partners, and the address of the partnership itself, if different from the address of the bodywork establishment, and the name of the principal managing officer.
(d) 
Name and address of any bodywork business or establishment owned or operated by any person whose name is required to be given in Subsection B(6)(c)[1] or [2] wherein the business or profession of bodywork therapy is carried on.
(e) 
Two front-face photographs of the applicant at least two inches by two inches; if the applicant is a corporation, two front-face photographs at least two inches by two inches of all officers and managing agents of said corporation; if the applicant is a partnership, two front-face photographs at least two inches by two inches in size of each partner, including a limited partner in said partnership.
(f) 
The business, occupation or employment of the applicant for the three years immediately preceding the date of application.
(g) 
The bodywork or similar business license history of the applicant, whether such person has previously operated in this City or another town or state, has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
[Amended 6-1-2020 by Order No. 2020-012]
(h) 
Satisfactory evidence that the applicant is 18 years of age or older, by presenting two forms of positive identification with photo or a valid passport or work visa (if applicable).
(i) 
Personal and professional references. Two professional and two personal references shall accompany all license applications. The applicant shall utilize a character reference form, to be supplied by the Department. At least one of the professional references and at least one of the personal references must be from a Massachusetts resident. The references must be persons other than relatives or business associates.
(j) 
A description of any other business to be operated on the same premises or on adjoining premises owned, controlled or leased by the applicant.
(k) 
The potential number of employees to be utilized at the establishment.
(l) 
The proposed hours of operation for the establishment, in accordance with § 126-8B of this chapter.
(7) 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated, signed and notarized in the City.
C. 
Prior to the Health Department sign-off, prior to any license renewal and upon receipt of a complaint by the public, the Health Department shall perform an inspection of a (proposed) facility for a bodywork establishment and review the following:
(1) 
Provide that all rooms used for bodywork be clean and easily cleanable, well lighted, adequately ventilated and properly heated in accordance with local and/or state regulations.
(2) 
Maintain all areas of the establishment, including the furniture and equipment therein, in sanitary condition at all times. All bodywork tables, mattresses, etc., shall be easily cleanable. All surfaces used for bodywork shall be properly cleaned and sanitized after each bodywork session.
(3) 
Clean and sanitize after each use all robes, sheets, towels, etc., supplied by the establishment which may come in direct contact with the body. Single-service or disposable items are acceptable and shall be used only once.
(4) 
Display in a conspicuous place the current license of the establishment and current licenses of all bodywork practitioners conducting bodywork therein.
(5) 
Every room to be used by a bodyworker must:
(a) 
Contain a hand washing sink, liquid soap and paper towels. Said hand washing sinks shall be cleaned and sanitized daily and shall be maintained at all times in a clean and sanitary condition.
(b) 
Be large enough to fit an exam table with at least three feet of clearance on all sides and/or be of sufficient size for the bodywork activity proposed for the space.
(c) 
Have adequate lighting, heat and ventilation.
(6) 
Every establishment must have sanitary toilet facilities available for patrons, in accordance with the requirements of the State Plumbing Code. Said toilet facilities shall be cleaned and sanitized daily and shall be maintained at all times in a clean and sanitary condition.
D. 
Issuance of license. The License Board shall issue a license for a bodyworker after all requirements, terms and conditions, including the following, have been met and complied with:
(1) 
The correct license fee has been tendered to the License Board.
(2) 
The applicant has attended a License Board public hearing and the Board has sustained a majority vote to approve the issuance of the license.
(3) 
Criminal history.
(a) 
The applicant has no criminal history of an offense involving sexual misconduct.
(b) 
The applicant has no criminal history of an offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
(c) 
The Department may issue a license to any person with a criminal history of any of the above-mentioned crimes upon review of the following factors:
[1] 
Time since the offense (for convictions, at least five years);
[2] 
Age of the applicant at the time of the offense;
[3] 
Seriousness and specific circumstances of the offense;
[4] 
Relationship of the criminal act to the nature of the license being sought;
[5] 
Number of offenses;
[6] 
Any relevant evidence of rehabilitation or lack thereof; and
[7] 
No subsequent criminal offenses of any nature.
(4) 
The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the license application or in any document required by the Department in conjunction therewith.
(5) 
The applicant has not had a bodywork establishment license or other similar license denied, revoked or suspended by the City or any other state, city or town within five years prior to the date of the application.
[Amended 6-1-2020 by Order No. 2020-012]
(6) 
The applicant shall:
[Amended 6-1-2020 by Order No. 2020-012]
(a) 
Employ or cause to be employed as a bodywork practitioner(s) only person(s) who has (have) a license(s) for the practice of bodywork from the Quincy License Board.
(b) 
Operate only under the name or designation specified on the license or a change thereto as pursuant to Subsection B of this section.
(c) 
Perform or allow to be performed no illegal act within the establishment. A violation of this subsection may be grounds for revocation, suspension or modification of the bodywork establishment license.
(d) 
Serve no alcoholic beverages in the portion of a building that the License Board determines is being used for the purpose of giving bodywork.
(e) 
Operate no x-ray, fluoroscope, diathermy or other similar equipment unless licensed by the Commonwealth of Massachusetts to practice a profession requiring the use of such equipment.
E. 
Renewal. Operators/owners of licensed bodywork establishments must file an application for renewal not less than 45 days prior to the expiration of their license.
A. 
All instructors of bodywork shall be licensed as bodywork practitioners. Those who teach non-hands-on classes only, such as biology, anatomy and physiology, and business classes may be exempted from this requirement.
B. 
A licensed bodywork practitioner shall be in constant and direct control of the school at all times hands-on lessons are being taught.
C. 
All training facilities or schools of bodywork must meet the requirements and obtain an establishment license as described in § 126-6 of these regulations.
[Amended 6-1-2020 by Order No. 2020-012]
A. 
Every operator of an establishment for the giving of bodywork shall require all practitioners conducting bodywork on the premises to meet the following requirements:
(1) 
Be licensed by the City of Quincy License Board.
(2) 
Not touch or work with a client when either the client or practitioner is afflicted with any rash, lesion or visible sign of infection that could be spread through bodywork or through close contact ordinarily associated with bodywork.
(3) 
Wash hands thoroughly with proper soap or disinfectant and hot water immediately before and after performing a bodywork session.
(4) 
Maintain sufficient level of personal cleanliness and be clothed in clean and appropriate attire.
(5) 
Not administer bodywork to a minor without consent of the minor's parent or guardian.
(6) 
Take all precautions for proper hygiene within the facilities.
(7) 
Not diagnose disease, prescribe medicine or perform any procedure which requires a license from the Commonwealth of Massachusetts, including but not limited to psychotherapy, chiropractic, acupuncture, Ayurvedic medicine and colonic hydrotherapy.
(8) 
Prominently display in the main seating area, entranceway or in each practice room the license to practice bodywork therapy issued by the Quincy License Board.
(9) 
Maintain a record of dates, names and addresses of all patrons. This record shall be made available to the Quincy Health Department or the Massachusetts Department of Public Health only in the event that a reportable communicable disease is believed to have been brought to or transmitted through or from the bodywork practitioner or the establishment.
(10) 
Follow all rules set forth in these regulations and conduct themselves in accordance with the standards of their accrediting national professional association.
(11) 
Use universal precautions in the prevention of all communicable diseases.
B. 
The operation of a bodywork establishment and/or the conduct of any bodywork activity under a bodywork practitioner license therein shall not occur before 9:00 a.m. nor after 9:00 p.m. Sunday through Thursday and not before 9:00 a.m. nor after 10:00 p.m. on Friday and Saturday.
A. 
A temporary off-premises license shall be required for any bodywork practitioner while engaged in the practice of bodywork therapy in the City of Quincy at a nonlicensed establishment on a temporary basis. Any practitioner seeking a temporary off-premises license must submit to the Department a completed application form as supplied by the Quincy License Board. There will be no fee for a temporary off-premises license, which shall be valid for a period of no more than three days.
B. 
Off-premises business will be allowed only by a professional practitioner of bodywork who is licensed by the Quincy License Board and currently practices within a licensed Quincy establishment.
C. 
A professional practitioner, while conducting off-premises business, shall comply with the requirements specified by §§ 126-6D(6)(b) to (e) and 126-8A(1) to (7) and (9) to (11) as contained herein.
D. 
The practitioner shall carry his/her City of Quincy professional practitioner license when conducting off-premises business.
A. 
Colonic hydrotherapy. A bodywork license does not qualify the practitioner to practice colonic hydrotherapy.
B. 
Acupuncture. A bodywork license does not qualify the practitioner to practice acupuncture.
C. 
Ayurvedic medicine. A bodywork license does not qualify the practitioner to practice Ayvurvedic medicine.
D. 
Sexual conduct and/or sexual relationships. Any person licensed by the Quincy License Board to perform bodywork shall refrain from participating in a sexual relationship or sexual conduct with a client, whether consensual or otherwise, whether within or outside of the bodywork establishment, from the beginning of the client/therapist relationship until the termination of the client/therapist relationship.
Each person applying for a license to practice bodywork or movement education (as a professional practitioner or intern practitioner) or to own, operate, or conduct an establishment for giving of bodywork or movement education for hire or reward shall have a background free of conduct which, in the judgment of the Quincy License Board, bears adversely upon his or her ability to safely and reputably provide bodywork. The Quincy License Board shall, upon receipt of an initial application, and every three years thereafter, seek Criminal Offender Record Information (CORI) about the applicant from the Massachusetts Criminal History Systems Board.
A. 
Inspection(s). Duly authorized agents of the Quincy License Board or their designees or members of the Quincy Health Department as provided in MGL c. 140, § 52, may enter an establishment licensed for bodywork during any hours of operation for the purpose of making an inspection to ascertain whether the establishment is in compliance with these regulations. Refusal to allow entry to authorized persons shall be sufficient reason to revoke the establishment license.
B. 
Violations.
(1) 
Noncritical violations. The failure to meet any operational standard set forth in these regulations constitutes a noncritical violation of these regulations. As such, the inspecting department shall serve upon the licensee written order of notice detailing the condition, event or practice determined by the inspecting department to be in violation of these regulations, and such written order of notice shall notify the licensee that he or she shall have five business days to abate or correct such condition, event or practice to the satisfaction of the inspecting department.
(2) 
Critical violations. The following shall be considered critical violations of these regulations and may allow the License Board, through its designees and/or its agents, to seek penalties and/or license suspension or revocation as listed in § 126-13:
(a) 
Diagnosing or treating classified diseases.
(b) 
Practicing spinal or other joint manipulations.
(c) 
Employing fraud or deceit in the practice of bodywork therapies or in obtaining any license issued under these regulations.
(d) 
The use of intoxicating liquors or illegal or controlled drugs on the licensed premises.
(e) 
Negligence in the practice of bodywork therapy or allowing unlicensed persons to practice bodywork therapy in an establishment.
(f) 
Advertising or soliciting in a fraudulent, false, misleading or deceptive manner.
(g) 
The performance of any illegal act within the establishment.
(h) 
The failure to comply with the terms or conditions of any license granted.
(i) 
Practicing colonic hydrotherapy.
(j) 
Practicing acupuncture (unless separately licensed for acupuncture under the laws of the Commonwealth of Massachusetts, Board of Registration in Medicine, Committee on Acupuncture).
(k) 
Practicing Ayurvedic medicine (unless separately licensed under the laws of the Commonwealth of Massachusetts, Board of Registration in Medicine).
(l) 
Participation in a sexual relationship or sexual conduct with a client as set forth in § 126-10D.
(m) 
Any other section of these regulations which is deemed by the License Board or its designees or agents to warrant classification as a critical violation.
A. 
Penalties. Unless otherwise specified within these regulations the following shall apply:
(1) 
Criminal complaint. Whoever, by his/her servant or agent, or as the servant or agent of any other person or any firm or corporation, violates any regulation of this chapter may be penalized by indictment or on complaint brought to the Quincy District Court. Except as may be otherwise be provided by law and as the District Court may see fit to impose, the maximum penalty for any violation of these provisions shall be $300, as so allowed under MGL c. 111, § 31, and MGL c. 140, §§ 51 and 53. Each day in which a violation continues shall constitute a separate and punishable violation.
(2) 
Noncriminal disposition. In addition to the enforcement as described above, the provisions of these regulations may also be enforced by a noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D; such penalty shall be a fine of $50 per offense, per day.
[Amended 6-1-2020 by Order No. 2020-012]
B. 
License revocation, suspension or modification.
(1) 
The Quincy License Board or Health Department may suspend, revoke or modify a professional practitioner license or establishment license for any critical violation of these rules and regulations or for the performance of any illegal act on the premises by serving an order in writing to the person(s) responsible for the violation or by requesting that the practitioner or establishment owner appear at a hearing before the License Board.
[Amended 6-1-2020 by Order No. 2020-012]
(2) 
Should a licensee subject to an order of notice pursuant to § 126-12B(1) fail to so abate or correct the condition, event or practice which is the subject of an order of notice or otherwise not comply with an order of notice, the License Board, upon public hearing, may suspend, terminate, revoke or modify the license held by such and/or seek fines as provided under Subsection A.
A. 
Reciprocity. Any practitioner issued a license to practice bodywork within the City of Quincy may qualify for a practitioner's license elsewhere in the City, provided the site is a licensed establishment. An application addendum will be required to be completed for the new site. No additional practitioner fee will be required.
B. 
These regulations shall apply to all practitioners of bodywork and all establishments performing bodywork within the City of Quincy. These regulations shall not apply to those practitioners and establishments operating as a licensed massage practitioner/establishment under the Commonwealth of Massachusetts. There shall be no exceptions or grandfathering for individuals or facilities that preexist prior to the effective date of these regulations.
Unless otherwise specified within these regulations the following shall apply:
A. 
Upon receipt of written request, a variance from the specific requirements of this chapter may be granted by the License Board after notice and a public hearing, if the Board finds that owing to unique circumstances a literal enforcement of the provisions of these regulations would involve a substantial hardship, financial or otherwise, and that the relief sought may be granted without substantial detriment to the public good and without nullifying or substantially derogating the intent and purpose of these regulations.
B. 
The Board may impose conditions, safeguards or limitations, both of time and of use, as it deems appropriate upon the grant of any variance.
The effective date of these regulations shall be May 1, 2015.