[Ord. No. BH7/6/06]
This chapter may be cited as the Barber Shops, Beauty Parlor
and Nail Salons Ordinance of the Township of West Caldwell.
[Ord. BH6/7/06]
As used in this chapter, the following terms shall have the
meanings indicated:
BARBER
Shall mean any person who is licensed by the State of New
Jersey to engage in any of the practices encompassed in barbering.
BARBERING
Shall mean any one or combination of the following practices
when done on the human body for cosmetic purposes and not for the
treatment of disease or physical or mental ailments and when done
for payment either directly or indirectly or when done without payment
for the general public:
a.
Shaving or trimming of the beard, mustache or other facial hair;
b.
Shampooing, cutting, arranging, relaxing or styling of the hair;
c.
Singeing or dyeing of the hair;
d.
Applying cosmetic preparations, antiseptics, tonics, locations
or creams to the hair, scalp, face or neck;
e.
Massaging, cleansing or stimulating the face, neck or scalp
with or without cosmetic preparations, either by hand, mechanical
or electrical appliances; or
f.
Cutting, fitting, coloring or styling of hairpieces or wigs,
to the extent that the services are performed while the wig is being
worn by a person.
BARBERSHOP
Shall mean any establishment engaged in the practice of barbering
for the public.
BOARD
Shall mean the Board of Health of the Township of West Caldwell.
DESIGNEE
Shall mean any person designated by the Health Officer to
act for him/her in the performance of his/her duties.
DISINFECTANT
Shall mean an Environmental Protection Agency (EPA) or New
Jersey Department of Environmental Protection registered product with
demonstrated bactericidal, virucidal and fungicidal activity used
in accordance with manufacturer's instruction.
HAIRDRESSING AND COSMETOLOGY
Shall mean any one or combination of the practices as outlined
in N.J.S.A. 45:5B-3(j) when done on the human body for cosmetic purposes
and not for the treatment of disease or physical or mental ailments
and when done for payment either directly or indirectly or when done
without payment for the general public.
HEALTH OFFICER
Shall mean the Health Officer of the Township of West Caldwell
or his/her duly authorized representative.
NAIL SALON/SHOP
Shall mean any establishment engaged in the practice of cutting,
shaping, polishing or enhancing the appearance of the nails of the
hands or feet, including, but not limited to the application and removal
of sculptured or artificial nails.
NAIL TECHNICIAN
Shall mean a person who, for compensation, cuts, shapes,
polishes or enhances the appearance of the nails of the hands or feet,
including but not limited to the application and removal of sculptured
or artificial nails.
OPERATOR
Shall mean a person who owns, leases, or manages a shop/salon,
or any licensed person performing barbering, hairdressing, cosmetology,
manicuring or waxing.
OWNER
Shall mean a person who owns a shop/salon establishment and
is responsible for upholding the regulations of this chapter in all
areas of the establishment.
PERSON
Shall mean an individual, firm, partnership, company, corporation,
trustee, association or any public or private entity.
PERSON IN CHARGE
Shall mean the individual present in a barbershop or hairdressing
and/or cosmetology salon/shop or nail salon/shop that is the apparent
supervisor of the barbershop or hairdressing and/or cosmetology shop/salon
or nail salon/shop at the time of inspection. If no individual claims
to be a supervisor, then any employee present is deemed to be the
person in charge for the purposes of this chapter.
SANITARY CONDITIONS
Shall mean safe and clean shop/salon conditions that prevent
the spread of communicable diseases and protect the public's
health and welfare.
WAXING
Shall mean the temporary removal of superfluous hair from
the hair follicle on any area of the human body through the use of
a physical (wax) depilatory or by tweezing.
WORK STATION
Shall mean a chair, countertop and floor space set aside
for the purpose of serving a customer, including floor space for the
operator to stand while serving the customer.
WORKING AREA
Shall mean a separate room with more than one work station,
or a private room set aside to serve one customer at a time.
[Ord. BH7/6/06]
Swimming pools and spas shall conform to municipal ordinances,
state statutes, and regulations, including Chapter XXVI of the State
Sanitary Code, entitled "Public Recreational Bathing" (N.J.A.C. 7:26).
[Ord. BH7/6/06]
All sewage disposal shall be in accordance with the provisions
of the Standards for Individual Subsurface Sewage Disposal Systems
(N.J.A.C. 7:9A) and the New Jersey Water Pollution Control Act Regulations
(N.J.A.C. 7:14), promulgated by the Department of Environmental Protection,
and any other applicable rules and regulations.
[Ord. BH7/6/06]
Tanning facilities shall conform to the requirements of BH12-1
et al. and any other applicable municipal ordinances, state statutes
and/or regulations.
[Ord. BH7/6/06]
Health clubs shall conform to the requirements of BH11-1, et
seq., and any other applicable municipal ordinances, state statutes
and/or regulations.
[Ord. BH7/6/06]
No variation from any of the provisions of this chapter shall
be permitted except as elsewhere provided herein.
[Ord. BH7/6/06]
Any person aggrieved by any administrative decision of the Health
Officer pursuant to this chapter, including the denial of a license,
the refusal to renew a license, or the suspension of a license, shall
have an absolute right to appeal such decision to the Board at its
next regularly scheduled meeting. For such appeal, the Health Officer
shall present evidence supporting the decision made by the Health
Officer, and the aggrieved party shall present evidence opposing the
decision of the Health Officer. The license holder shall have the
right to have an attorney present during the appeal process. After
hearing all of the evidence presented to it, the Board, by a majority
vote, shall then affirm, reverse or modify the decision of the Health
Officer. On all appeals, the decision of the Board shall be final.
[Ord. BH7/6/06]
This chapter shall take effect 30 days after the publication
of notice of final adoption as provided by law.