This chapter shall be known as "Massage, Bodywork and Somatic
Therapy Establishments."
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ACT
The Massage and Bodywork Therapist Licensing Act, L. 1994.
C. 19 and L. 2007 c. 337, codified at N.J.S.A. 45:11-53 et seq., as
may be amended from time to time.
MASSAGE AND BODYWORK THERAPIES or MASSAGE AND BODYWORK
Systems of activity of structured touch which include, but
are not limited to, holding, applying pressure, positioning and mobilizing
soft tissue of the body by manual technique and 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 hot and cold external
applications, explaining and describing myofascial movement, self-care
and stress management as it relates to massage and bodywork therapies.
Massage, and bodywork therapy practices are designed to affect the
soft tissue of the body for the purpose of promoting and maintaining
the health and well-being of the client. Massage and bodywork therapies
do not include the diagnosis of illness, disease, impairment or disability.
MASSAGE AND BODYWORK THERAPY ESTABLISHMENT
Any establishment wherein massage and bodywork therapies
are administered or are permitted to be administered, when such therapies
are administered for any form of consideration.
SEXUAL CONTACT
The knowing touching of a person's body directly or
through clothing, where the circumstances surrounding the touching
would be construed by a reasonable person to be motivated by one's
own prurient interest or for sexual arousal or gratification. "Sexual
contact" includes, but is not limited to, the imposition of a part
of the one's body upon a part of the client's body, sexual
penetration, or the insertion or imposition of any object or any part
of an employee's or client's body into or near the genital,
anal or other opening of the other person's body. "Sexual contact"
does not include the touching of a client's body which is necessary
during the performance of a generally accepted and recognized massage
and bodywork therapy procedure.
STATE BOARD
The New Jersey Board of Massage and Bodywork Therapy.
Any person desiring a massage and bodywork therapy establishment
permit shall file a written application with the Health Department
upon a form to be furnished by the Health Officer. The application
form for each initial permit and subsequent renewal thereof shall
contain the following information:
A. The type of ownership of the business i.e., whether individual, partnership,
corporation, limited liability corporation, limited liability partnership
or otherwise.
B. The trade name, style and designation under which the business is
to be conducted.
C. The business address, email address and all telephone numbers, including
cell phone numbers and facsimile, where business is to be conducted.
D. A complete list of the names and residence addresses of all managers
or other persons principally in charge of the operation of the business,
which list shall be kept current in the establishment.
E. A sworn notarized statement indicating that all massage and bodywork
therapists employed or to be employed by the establishment or otherwise
permitted to work at the establishment have been issued a license
by the New Jersey Board of Massage and Bodywork Therapy and a copy
of the license for each such therapist currently employed, as well
as the residence address for each such therapist. Within 30 days of
the hiring of each additional massage and bodywork therapist, a copy
of each such therapist's license, as well as the therapist's
residence address shall be provided to the Health Department.
F. The following personal information concerning the applicant, if a
sole proprietorship, the individual; if a corporation, each stockholder
holding more than 10% of the stock of the corporation, each officer
and each director; if a partnership or limited liability corporation
or limited liability partnership, the members or partners, including
limited partners; and, concerning the manager or other person principally
in charge of the operation of the business; shall be provided:
(1) The name, including nicknames and aliases, complete residence address
and residence telephone number.
(2) The two previous residential and business addresses immediately prior
to the present address of the applicant.
(3) Copy of current driver's license or other government-issued
ID.
(4) Height, weight, sex, color of hair and eyes.
(5) Three front-face portrait photographs taken within 30 days of the
date of the application and at least two by two inches in size. The
full legal name and any nickname or alias of the individual in the
photograph shall be printed on the rear side of each photograph.
(6) The massage therapy or similar business history and experience, including,
but not limited to, the two previous business and residential addresses
and telephone numbers immediately prior to the date of the application
and whether or not such person has previously operated in this or
another municipality or state under a license or permit or has had
such license or permit 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 disorderly persons and criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted together with details of the offense for the arrest or conviction and the circumstances thereof. A massage and bodywork therapy establishment permit may be denied to any person who has been convicted of a crime or other offense enumerated in §
234-10 of this chapter.
G. All applications shall include a scale drawing of the space proposed
to be used for massage and bodywork therapy, including a floor plan,
building layout and diagram as well as a copy of the business license,
zoning permit and/or certificate of occupancy, as applicable.
H. A copy of a current New Jersey massage and bodywork employer registration
issued by the New Jersey Board of Massage and Body Work Therapy. If
the applicant is in the process of obtaining or renewing a registration,
he/she may submit other evidence from the State Board that an application
for registration has been made, provided that the applicant shall
submit a copy of the registration once it has been issued by the State
Board.
I. Copy of the signed lease for the property location where the proposed
establishment will be in operation. The applicant must be listed as
the lessee on the lease.
The massage and bodywork therapy establishment shall display
its state-issued registration and the permit issued by the Board of
Health of the Borough of Madison as well as the original or duplicate
license, in accordance with N.J.A.C. 13:37A-3.4, as same may be amended
from time to time, of each and every massage and bodywork therapist
employed in the establishment in an open and conspicuous space near
the public entrance to the establishment and at eye-level where they
may be viewed by all entering the establishment. A two-inch-by-two-inch
passport sized color photo of the licensed therapist must be affixed
to, in a manner not to obscure, the displayed license of each and
every massage and bodywork therapist employed by the establishment.
In addition, all therapists on site must have in their possession
a valid government issued photo identification.
Every massage and bodywork therapy establishment shall comply
with the following:
A. Every portion of the massage and bodywork therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
B. The hours of operation for the establishment shall be posted conspicuously
and unobstructed where these may be viewed from the outside of the
establishment. The following signage shall be posted conspicuously
and unobstructed in the reception area where these may be viewed by
patrons:
(1) Price rates for all services provided by the establishment, provided
that price rates may be available in the reception area in pamphlet
form in lieu of signage.
(2) A sign reading: "Consumer complaints regarding this establishment
may be made by calling the Borough of Madison Health Department" along
with the telephone number for the Madison Health Department. All lettering
for the sign shall be a minimum height of two inches and shall contrast
in color to the background of the sign.
C. The public entrance to the establishment and any door leading to
areas wherein corridors for rooms where massage and bodywork therapy
work areas are located shall be unlocked while the establishment is
providing services to clients. Use of remote locking and unlocking
systems and/or intercom systems to permit entry into the establishment
shall be prohibited.
D. A landline telephone shall be made available in the establishment.
Emergency telephone numbers for EMS, the Police Department, Fire Department,
and Health Department, along with "911" shall be posted conspicuously
and unobstructed from view adjacent to the telephone.
E. All employees shall be clean and wear clean, nontransparent outer-garments.
Facilities for patrons to disrobe in private must be available on
the premises or suitable procedures for the privacy of patrons while
disrobing must be observed. Doors to such facilities shall open inward
and shall be self-closing.
F. All massage and bodywork 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. Receptacles with lids shall be provided for the depositing
of soiled and used linens. Such receptacles shall be kept clean and
shall be of nonabsorbent and easily cleanable design. All clean linens
shall be stored in such a manner so as to prevent contamination.
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 and bodywork therapies shall be kept in clean closed containers
or cabinets. Single-service products shall be used when available.
I. Animals, except for service animals, shall not be permitted in the
massage work area.
J. Each massage and bodywork therapist shall wash his or her hands up
to and including the elbows in hot running water, using a proper soap
or disinfectant before administering a massage or bodywork therapy
to a patron. All restroom and workstation hand wash sinks are to be
stocked with liquid hand soap and paper towels. Dispensers for soap
and paper towels are to be wall mounted. Restroom hand wash sinks
must have signs conspicuously displayed with the following language:
"Employees must wash hands after using the restroom."
K. Rooms wherein massage or bodywork therapy is provided shall not have
any type of locking device nor shall such rooms be locked while occupied
by a client and the therapist. This requirement shall not preclude
the licensee from using signage on the exterior side of the door to
the room to indicate when said room is occupied by a client and a
therapist.
L. No massage establishment shall knowingly serve any patron infected
with any fungus or other skin infections, nor shall service be performed
on any patron exhibiting skin inflammation or eruptions, provided
that a duly licensed physician may certify that a person may be safely
provided with a massage or bodywork therapy, prescribing the conditions
thereof.
M. A written disinfection plan for all linens, towels and reusable instruments
used by the establishment must be approved by the Health Department,
kept on site and be available for review by the inspecting official
at all times. The establishment must operate in conformance with the
approved plan at all times.
N. Client records must be maintained for each and every client who receives
services from the massage establishment in accordance with the requirements
of N.J.A.C. 13:37A-5.2, as same may be amended and supplemented from
time to time. Access to these records shall be provided in accordance
with the provisions of N.J.A.C. 13:37A-5.3, as same may be amended
and supplemented from time to time.
O. Access to a sanitary restroom shall be provided for clients at all
times.
P. The massage and bodywork establishment shall conform to and observe
all applicable rules, regulations and prohibitions set forth in N.J.A.C.
13:37A, as same may be amended and supplemented from time to time.
The Health Officer, the Police Chief, the Fire Prevention Officer
and/or the Construction Official or their qualified designees, of
the Borough of Madison, shall, from time to time, at least once a
year, make an inspection of each massage and bodywork therapy establishment
granted a permit under the provisions of this section for the purpose
of determining whether there is compliance with the provisions of
this section and/or applicable rules, regulations and laws. Such inspections
shall be made at reasonable times and in a reasonable manner. It shall
be unlawful for any permittee to fail to allow such inspection officer
access to the premises or to hinder such officer in any manner.
No part of any quarters of any massage and bodywork therapy
establishment shall be used for or connected with any bedroom or sleeping
quarters nor shall any person sleep in such massage and bodywork therapy
establishment except for limited periods of time incidental to and
directly related to a massage and bodywork therapy treatment or bath.
No beds or mattresses shall be permitted in the establishment. This
provision shall not preclude the location of massage, and bodywork
therapy establishments in separate quarters of a building housing
a hotel or other separate businesses or clubs.
The provisions of this chapter shall not apply to massage and
bodywork 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, esthetician or cosmetologist/hairstylist limited
to the areas of the face, neck, scalp or upper part of the body, or
manicurists or pedicurists, as set forth in the Cosmetology and Hairstyling
Act of 1984, N.J.S.A. 45:5B et seq.; or
E. By a reflexologist, certified accredited by an established reflexology
certification board, limited to the areas of the hands, ankles and
feet; or
F. As set forth in N.J.S.A. 45:11-68; or
G. In a public venue in connection with a public event, such as a street
fair or festival or in a private corporate event, where the massage
is conducted in public and not in a private setting.
In addition to the revocation or suspension of the permit granted under this section, any person who violates any provision of this ordinance shall, upon conviction hereof, be subject to the penalties provided in §
201-4, Violations of the Code; penalties, of these Revised General Ordinances.
The Health Officer and his/her qualified designee and/or any
police officer of the Borough of Madison shall be the enforcement
agents for purposes of any permit issued pursuant to or required by
this chapter.
No person, firm, corporation or other entity shall operate any
establishments or utilize any premises located in the Borough of Madison
as or for a massage and bodywork therapy establishment without complying
with the requirements of this ordinance, as well as the regulations
of the State of New Jersey, including N.J.S.A. 45:11-53 through N.J.S.A.
45:11-79 and N.J.A.C. 13:37A-1.1 et seq., as the same may be amended
and supplemented from time to time.