[HISTORY: Adopted by the Board of Health of the Borough of
Bergenfield 2-8-2022 by Ord. No. BOH 22-003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 312, Cosmetology,
adopted 10-20-2020.
The Board of Health of the Borough of Bergenfield hereby provides
for the protection of the public by controlling the sanitary practices
and licensing of shops and salons practicing hair and nail styling.
As used in this chapter, the following terms shall have the
meanings indicated:
A device used to sterilize implemented tools, equipment and
supplies by subjecting them to high-pressure saturated steam made
available for purchase by the general public.
Any person who is licensed to engage in any of the practices
encompassed in barbering.
Any one or a 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:
Shaving or trimming of the beard, mustache or other facial hair;
Shampooing, cutting, arranging, relaxing or styling of the hair,
and all services included in hair braiding with the exception of weaving;
Singeing, dyeing, tinting, coloring, or bleaching of the hair;
Applying cosmetic preparations, antiseptics, tonics, lotions
or creams to the hair, scalp, face or neck;
Massaging, cleansing or stimulating the face, neck or scalp
with or without cosmetic preparations, either by hand, mechanical
or electrical appliances;
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.
Any establishment engaged in the practice of barbering for
the public.
Any person holding a beauty culture license authorized to
perform and practice styling, use of approved products and focuses
on the physical appearance and aesthetics for cosmetic purposes
Any one or a 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:
Shampooing, cutting, arranging, dressing, relaxing, curling,
permanent waving, styling of the hair, and all services included in
hair braiding, with the exception of weaving.
Singeing, dyeing, tinting, coloring, or bleaching of the hair.
Applying cosmetic preparations, antiseptics, tonics, lotions,
creams, or makeup to the hair, scalp, face, neck, or upper part of
the body.
Massaging, cleansing, or stimulating the face, scalp, neck,
or upper chest and upper back, with or without cosmetic preparations
either by hand, mechanical, or electrical appliances.
Removing superfluous hair from the face, neck, arms, legs, or
abdomen by the use of depilatories, waxing, or tweezers, but not by
the use of electrolysis.
Manicuring the fingernails, nail sculpturing, or pedicuring
the toenails; and
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.
Any person who is licensed to engage in the practices encompassed
in cosmetology and hairstyling.
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:
Shaving or trimming of the beard, mustache, or other facial
hair.
Shampooing, cutting, arranging, dressing, relaxing, curling,
permanent waving, or styling of the hair, and all services included
in hair braiding.
Singeing, dyeing, tinting, coloring, or bleaching of the hair.
Applying cosmetic preparations, antiseptics, tonics, lotions,
creams, or makeup to the hair, scalp, face, or neck.
Massaging, cleansing, or stimulating the face, neck, or upper
chest and upper back, with or without cosmetic preparations, either
by hand, mechanical, or electrical appliances.
Removing superfluous hair from the face, neck, arms, legs, or
abdomen by the use of depilatories, waxing, or tweezers, but not by
the use of electrolysis.
Manicuring the fingernails, nail sculpturing, or pedicuring
the toenails.
Cutting, fitting, coloring, or styling of hairpieces or wigs
to the extent that the services are being performed while the wig
is being worn by a person.
An Environmental Protection Agency (EPA) or New Jersey Department
of Environmental Protection registered and labeled as being tuberculocidal
for a contact time as specified on the product label or uses of an
autoclave that is registered with the Federal Food and Drug Administration.
A person who holds a limited license to perform only the
hair braiding services.
Any one or a combining practices of twisting, wrapping, weaving,
extending, locking, or braiding of hair by hand 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.
Hair braiding also may include.
The use of natural or synthetic hair extensions or fibers, decorative
beads, and other hair accessories;
Minor trimming of natural hair or hair extensions incidental
to any twisting, wrapping, weaving, extending, locking, or braiding
of hair;
Making wigs from natural hair, natural or synthetic fibers,
and hair extensions; and
The use of topical agents in conjunction with performing hair
braiding, including conditioners, gels, moisturizers, oils, pomades,
and shampoos.
Any establishment engaged in the practice of hairdressing,
cosmetology, or barbering for the public.
The registered environmental health specialist, Health Officer
of the Borough of Bergenfield or his/her duly authorized representative
or active members of the Board of Health; throughout this chapter,
references to the revocation of a license by the Borough's Health
Official means the municipal license (i.e., not a state- or county-issued
license).
Any one or a combination of the practices of manicuring of
the fingernails, pedicuring of the toenails, nail sculpturing or removing
superfluous hair from the face, neck, arms, legs, or abdomen by the
use of depilatories, waxing, or tweezers, but not by the use of electrolysis
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 person who holds a limited license to perform only the
manicuring services on the human body for cosmetic purposes and not
for the treatment of disease or physical or mental ailments.
Any establishment engaged in the practice of cutting, shaping,
polishing or enhancing the appearance of nails of the hands or feet,
including, but not limited to, the application and removal of sculptured
or artificial nails.
Person who owns, leases, or manages a salon/shop, or any
licensed person performing barbering, hairdressing, cosmetology or
manicuring.
A person who owns a salon/shop establishment and is responsible
for upholding the regulations of this chapter in all areas of the
establishment.
An individual, firm, partnership, limited-liability partnership,
company, limited-liability company, corporation, trustee, association
or any public or private entity.
The individual present in the barbershop or hairdressing
and/or cosmetology salon/shop or nail salon/shop who is the apparent
supervisor of the barbershop or hairdressing and/or cosmetology salon/shop
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.
Any person who holds a license from the New Jersey Board
of Cosmetology and Hairstyling to practice cosmetology or hairstyling,
barbering, beauty culture, manicuring, skin care specialty, or hair
braiding.
Any fixed establishment or place where one or more persons
engage in one or more of the practices of cosmetology or hairstyling,
barbering, beauty culture, manicuring, skin care specialty, or hair
braiding wherein licensees are authorized to perform such services
set forth by the provisions of this chapter and N.J.A.C. 13:28
Safe and clean salon/shop conditions that prevent the spread
of communicable diseases and protect the public health and welfare.
A person who holds a license to perform only skin care specialty
services.
Any one or a combination of the following practices 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:
Applying cosmetic preparations, antiseptics, tonics, lotions,
creams, or makeup to the scalp, face, or neck.
Massaging, cleansing, or stimulating the face, neck, or upper
chest and upper back, with or without cosmetic preparations, either
by hand, mechanical, or electrical appliances.
Removing superfluous hair from the face, neck, arms, legs, or
abdomen by the use of depilatories, waxing, or tweezers, but not by
the use of electrolysis.
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.
A separate room with more than one workstation, or a private
room set aside to serve one customer at a time.
A.Â
It shall be illegal for any person to open and/or operate a cosmetology
shop, nail salon or any other facility using barber and/or beauty,
hair styling and/or nail equipment without first obtaining a valid
New Jersey State Board of Cosmetology license to operate such a business
and then obtaining a license from the Bergenfield Department of Health.
B.Â
Every barbershop, hairstyling, hair braiding, skin care, cosmetology
salon/shop or nail salon/shop must comply with local planning and
zoning regulations and all other applicable ordinances regulations
before being issued a Board of Health license.
C.Â
Personnel and prohibitions.
(1)Â
Each salon/shop shall be maintained to provide a safe and sanitary
environment free of hazards.
(2)Â
The holder of a shop license shall not aid, abet, or permit a person
not licensed by the Board of Cosmetology and Hairstyling to render
any services encompassed within the definition of cosmetology and
hairstyling, beauty culture, barbering, skin care specialty, manicuring,
or hair braiding.
(3)Â
A salon/shop shall not perform, provide or allow any services listed
under prohibited practices as per N.J.A.C 13:28-2.15.
(4)Â
Use of a cosmetology and/or nail salon/shop as sleeping quarters
is prohibited.
D.Â
Requirements of practitioners.
(1)Â
They shall wear a clean, washable outer coat or uniforms.
(2)Â
They shall thoroughly wash their hands with soap and water between
each patron.
(3)Â
They shall thoroughly wash their hands with soap and water before
and after serving each patron, before and after eating and after handling
chemicals and immediately after using the toilet, and/or smoking.
(4)Â
They shall not remove warts or moles or treat any disease of a patron,
nor perform any medical procedures such as an injection, nor dispense
any medical advice.
(5)Â
All operators shall have an exclusion policy for people with communicable
disease that may be transmitted through the services of a licensed
practitioner.
(6)Â
No practitioner shall serve a patron whom the practitioner knows
or has reasonable grounds to believe has a communicable, contagious
or infectious disease that could reasonably be expected to be transmitted
during the course of rendering cosmetology and hairstyling, beauty
culture, barbering, manicuring, skin care specialty, or hair braiding
services.
E.Â
Physical facilities requirements.
(1)Â
Every cosmetology and/or nail salon/shop shall be well lit, well
ventilated, and be provided with an adequate supply of hot and cold
water.
(2)Â
Lighting shall be sufficient to provide adequate illumination in
the work area.
(3)Â
The salon/shop shall be properly and adequately ventilated to remove
excess heat, vapors and odors.
(4)Â
Doors and windows shall be effectively screened against insects,
rodents, and other vermin.
(5)Â
Every salon/shop must have an approved water supply with sufficient
hot and cold running water and adequate water pressure.
(6)Â
All plumbing fixtures must be properly installed; safe and in good
repair; with no potential backflow or back siphonage set forth in
N.J.A.C. 5:23, the New Jersey Uniform Construction Code.
(7)Â
Smoking shall be prohibited in all areas of licensed shops pursuant
to the New Jersey Smoke Free Air Act, N.J.S.A. 26:3d-55, and the Smoke-Free
Air Rules, N.J.A.C. 8:6.
F.Â
Safety and sanitation.
(1)Â
All implemented tools and equipment reused in the practice of cosmetology
and hairstyling, beauty culture, barbering, skin care specialty, and
hair braiding, electrical and nonelectrical, shall, in between use
of a patron, cleaned thoroughly and disinfected, with a chemical registered
disinfectant or by processing all implements and tools in an autoclave.
(2)Â
Sanitization and disinfection of all cosmetology and nail implements
and tools reused shall be as according to N.J.A.C. 13:28-3.2, Sanitizing
implements and tools.
(a)Â
Disinfectants shall be changed in accordance with the manufacturer's
instructions to ensure complete disinfection. No sediment from the
item being disinfected shall be allowed to remain in the bottom of
the disinfection container.
(b)Â
A copy of the most current safety data sheet (SDS) for each
hazardous chemical shall be stored in a binder and available to all
shop staff and the health officials.
(c)Â
Disposal of liquid waste is performed in accordance with the
instructions on the product label or the SDS.
(3)Â
Headrests, if used, shall be protected with fresh paper or a laundered
towel for each patron.
(4)Â
Individual paper neckbands or freshly laundered towels shall be used
and not reused unless laundered.
(a)Â
All linens and towels shall be deposited in a covered, cleanable
receptacle after each patron.
(b)Â
Clean towels and linens shall be stored off the floor in a clean,
protected location.
(c)Â
All clean and soiled linens shall be stored in separate receptacles
that may not cause cross contamination.
(5)Â
No alum, stringent, antiseptic or other preparation shall be used
in reusable stick form. If used at all, it shall be applied in the
form of a powder or liquid on a freshly laundered towel or some other
clean material that has not been used by another patron.
(6)Â
The use of any cosmetic, acid, solution or any article or material
that may be injurious to the skin, hair, or health shall not be used.
(a)Â
When only a portion of a cream, liquid, powder or other cosmetic
preparation is to be removed from the container, it shall be removed
in such a way as not to contaminate the remaining portion.
(b)Â
Multiuse of cosmetic applicators is prohibited. This includes
the use of lipsticks and makeup brushes, which are not disposable.
Powder puffs and sponges, except single-service items, shall not be
used.
(c)Â
Lotions and powders shall be dispensed from a sanitary self-dispensing
container.
(7)Â
Waste disposal shall be performed daily in a manner which allows
premises to be maintained free of litter, unnecessary articles and
prevent garbage and refuse overflow.
(a)Â
Disposable or single-use articles shall be disposed of in a
waste receptacle after use on each patron unless stored in a separate
closed, clean container labeled with the patron's name and used
only on that patron.
(b)Â
All disposable or single-use articles that come into contact
with blood and/or body fluids shall be enclosed in sealable plastic
bags prior to being placed in the waste receptacle.
(c)Â
All sharp or pointed articles shall be disposed of in a punctureproof
container appropriately labeled.
(8)Â
All shops offering pedicuring services shall ensure that pedicure
tubs are routinely cleaned, washed and disinfected consistently with
the provisions set forth by N.J.A.C. 13:28.
(a)Â
An antimicrobial additive shall be placed in each foot spa or
water bath during use.
(b)Â
After each patron, the salon/shop shall clean, drain and rinse
the tub with a disposable paper towel and properly disinfect the interior
surface.
(c)Â
At the end of each day, the salon/shop shall remove and immerse
any filters and brushes in disinfectant, flush the foot spa or water
bath with low-sudsing soap and water and allow the machinery to run
for the appropriate contact time with an approved disinfectant.
G.Â
Physical requirements.
(1)Â
Each salon/shop shall provide at least one restroom. This restroom
shall include a door, an adequate toilet and hand-washing facility
for patrons and employees.
(2)Â
Floors, walls and ceilings shall be kept clean and in good repair.
(3)Â
Personnel shall have appropriate licenses as issued by the New Jersey
State Board of Cosmetology. Such licenses shall be displayed in the
establishment where the public can view them.
The holder of a shop license shall not permit any animals or
pets in the licensed premises. This prohibition shall not apply to
trained guide dogs (or dogs in training) for the disabled, sightless
or hearing impaired, consistent with the requirements of the Law Against
Discrimination, N.J.S.A. 10:5-29.
A.Â
An application for a Bergenfield Board of Health Cosmetology license
for an existing salon/shop shall be sent to the owner or person in
charge annually each year.
B.Â
All licenses are valid for one year or a portion thereof remaining
when issued and are renewable by submission of an application on or
before January 31 of each calendar year.
C.Â
Every applicant for a license to operate a salon/shop shall pay the
Bergenfield Health Department's annual license fee and supply
current copies of shop license and personnel licensed as issued by
the New Jersey Board of Cosmetology and Hairstyling.
D.Â
No license shall be issued or renewed until a completed application
has been submitted, the license fee has been paid and the applicant's
barbershop or hairdressing and/or cosmetology salon/shop or nail salon/shop
meets the requirements set forth in this chapter and all other applicable
state and local regulations.
E.Â
Application for a Bergenfield Board of Health cosmetology license
for a new salon/shop shall be required to submit the following:
(1)Â
The zoning approval and copy of the certificate of occupancy.
(2)Â
The floor plan drawn to scale with accurate detail the location and
the total floor space for work stations, waiting areas, dispensary,
lavatories, shampoo, stations, if applicable, and laundry facilities,
if applicable.
(3)Â
Complete description of all services to be provided and the proposed
hours of operation for the shop.
(4)Â
Receipt of approval of operation from the New Jersey Board of Cosmetology
and Hairstyling.
F.Â
All cosmetology and nail salons/shops licenses shall not be transferable.
Any planned change in ownership of a facility must be reported promptly
to the Bergenfield Health Department and such changes must be approved
prior to the issuance of an operating license.
G.Â
Licenses must be displayed in a prominent location within the establishment
where patrons can observe them.
B.Â
Annual licenses submitted by salons/shops after the 10th day following
the expiration date shall be charged a penalty late fee of $25 or
a period not to exceed 30 days after the salon/shop license expiration
date. Penalties shall be assessed at an additional $25 for each period,
or portion thereof, after the initial penalty period.
A.Â
At least once a year, the Health Official shall inspect each salon/shop
of cosmetology and hairstyling, beauty culture, barbering, and hair
braiding shops and shall make as many additional inspections as are
necessary for the enforcement of this chapter.
B.Â
The Health Official shall be permitted to enter, during normal operating
hours, any portion of any of the aforementioned salons or shops for
the purpose of making inspections to determine compliance with this
chapter.
C.Â
If, during the operation of a salon/shop of cosmetology and hairstyling,
beauty culture, barbering, and hair braiding, a Health Official finds
unsanitary conditions, repeated severe violations or multiple violations
occur during an inspection, the Health Official shall immediately
issue a written notice to the license holder, or person in charge,
citing such conditions, specifying the corrective action to be taken
and time frame within such action shall be taken, not less than 24
hours. If corrective action are not made in the allotted time, the
licensee may be fined and/or his/her license may be subjected to suspension.
D.Â
The Health Official may suspend, without warning, prior notice or
hearing, any license to operate a cosmetology salon/shop or nail salon/shop
if the operation constitutes an imminent hazard to public health,
including, but not limited to, any one of the following:
(1)Â
There is an outbreak of an infectious or pathogenic disease capable
of being transmitted to patrons.
(2)Â
There is an emergency occurrence such as a flood, fire, extended
interruption of electrical or water services, a sewage backup or misuse
of poisonous or toxic materials.
(3)Â
A salon/shop is performing or offering procedures unlawful pursuant
to N.J.S.A. 45:5B-13(e).
(4)Â
Any other circumstance or gross unsanitary conditions that, in the
opinion of the Health Official, may endanger public health or pose
as a hazard to patrons.
E.Â
Suspension shall be effective immediately upon delivery of the written
order to the license holder or person in charge of the facility by
the Health Official. When a license is suspended, all cosmetology
salon/shop or nail salon/shop operations shall cease immediately and
shall not resume until written approval to resume has been issued
by the Board of Health pending a hearing. A hearing, pursuant to a
notice to show cause why said license should not be revoked or further
suspended by the Board, will be granted to the holder thereof.
A.Â
Minimum and maximum penalty. Any person violating any of the provisions
of any article of this code, shall, upon conviction thereof, pay a
penalty of not less than $50 nor more than $1,000 or imprisonment
for a maximum term of 90 days, or both, for each offense. Complaints
shall be made to the Municipal Court in the Borough of Bergenfield
or such other court as shall be of competent jurisdiction. This provision
shall not be construed as to limit the court's power to impose
other and additional penalties as provided by N.J.S.A. 26:3-77 and
26:3-78.
B.Â
Separate violation. Except as otherwise provided, each and every
day in which a violation of any of the provisions of any article adopted
by the Board of Health exists shall constitute a separate violation.
C.Â
Collection of fees and penalties. All fees and penalties collected
under any provisions of this code shall be paid to the Treasurer of
the Borough of Bergenfield.
D.Â
Enforcement. A licensed registered environmental health specialist
or Health Official employed by the Bergenfield Health Department shall
enforce this chapter titled, "Cosmetology."
