[HISTORY: Adopted by the Board of Health of the Borough of
Pompton Lakes 10-23-2017 by Ord. No. BH 17-01. Prior history includes
1983 Code Chapter 129; Ord. No. 1994-1-BOH; Ord. No. 12-03; Ord. No. 2014-21; Ord. No. 2015-07. Amendments
noted where applicable.]
[1983 Code § 129-1; Ord. No. 12-03; readopted 10-23-2017 by Ord. No. BH 17-01]
As used in this chapter:
Any establishment wherein massage and bodywork are administered
or are permitted to be administered, when such therapies are administered
for any form of consideration.
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 and bodywork principles. Such application may
include, but is 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.
(N.J.S.A. 45:11-55)
Any person licensed pursuant to the provisions of the Massage
and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53 et seq. and
N.J.S.A. 45:11-68 et al.
[1983 Code § 129-2; Ord. No. 12-03; readopted 10-23-2017 by Ord. No. BH 17-01]
Massage and bodywork establishment permit required. No person,
firm or corporation shall operate any establishment or utilize any
premises in the Borough of Pompton Lakes as or for a massage and bodywork
establishment unless or until there has been obtained a permit for
such establishment or premises from the Board of Health of the Borough
of Pompton Lakes in accordance with the terms and provision of this
chapter.
[1983 Code § 129-3; readopted 10-23-2017 by Ord. No. BH 17-01]
Any person requesting a massage and bodywork permit shall file
a written application on a form to be provided by the Board of Health.
The application form shall contain the following:
A.
The name of the owner and type of ownership of the business (sole
proprietor, corporation, partnership, LLC, etc.) A copy of the Business
Registration Certificate from the State of New Jersey, Department
of Treasury shall accompany the application.
B.
The trade name of the business if different from A.
C.
The address where the business is to be conducted, all phone numbers,
including facsimile, the e mail address, and the web site URL.
D.
The name, residence address, phone number, cell phone number and
e mail address of the following:
1.
All persons having an ownership interest in the business. In addition,
see F below.
2.
All managers or persons in charge of the business facility.
3.
Massage therapists.
4.
Bodywork therapists.
5.
Somatic therapists.
6.
All other employees including a description of the employee's
function.
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(It shall be a continuing requirement of operation that the
names provided in this paragraph be updated whenever there is a change
in employment of personnel, whether by addition or termination. Notice
of any change shall be provided to the Borough Clerk by hand delivery
or certified mail not later than seven days after the event. It shall
further be a continuing requirement of operation that the list of
employees be made available during all inspections.)
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E.
A certified statement that all employees set forth in D have been
certified by the State of New Jersey pursuant to the Massage and Bodywork
Therapist Licensing Act, NJSA 45:11-53 et seq, where required by the
statute.
F.
The following information is required for all persons having an ownership
interest in the business.
1.
Two previous residence addresses and phone numbers, if applicant
has been in current residence fewer than five years.
2.
Written proof of age.
3.
Height, weight, sex, color of hair and eyes.
4.
Two front faced portrait photographs taken not more than 30 days
before the date of the application and at least two inches by two
inches in size.
5.
The massage therapy or similar business history and experience including,
but not limited to, whether the owner(s) has previously operated in
any location under a massage therapy, bodywork therapy or somatic
therapy license or permit. Any history of suspension or revocation
of any permit or license and the reason for same and whether the license
or permit was reinstated.
6.
Any criminal convictions, whether crimes or equivalent or disorderly/petty
disorderly persons offenses or equivalent, including the jurisdiction
of the conviction or guilty plea and the circumstance relating to
same. Each person having an ownership interest in the business and/or
applicant shall execute a waiver and consent to permit the Borough
Police Department to perform a background check including fingerprinting.
Failure to provide this information shall result in a denial of the
license/permit.
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(It shall be a continuing requirement that each person having
an ownership interest in the business and/or the applicant shall report
any conviction or guilty pleas to the Borough clerk within seven days
of same in the manner set forth in D6.
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G.
The applicant shall provide to the Police Department Records Bureau
a copy of a current driver's license or other government issued
photo identification and shall obtain a fingerprint form. The applicant
shall obtain and provide, at applicant's expense, a fingerprint
check from an approved State vendor and provide same to the Police
Department.
[1983 Code § 129-4; Ord. No. 12-03; amended 10-23-2017 by Ord. No. BH 17-01; 10-23-2017 by Ord. No. BH 17-02]
All applicants under this Chapter shall pay a permit/license fee pursuant to Chapter BH:7 The permit/license is good for one year from January 1 through December 31. All fees are non-transferrable and non-refundable. A $25 late fee shall apply if the permit/license is not renewed by the expiration date of the current permit/license.
[1983 Code § 129-5; readopted 10-23-2017 by Ord. No. BH 17-01]
The Board of Health, upon receiving an application for a massage
and bodywork establishment permit, shall refer the application to
the Construction Department, Fire Official, Police Department and
Planning Department and, shall inspect the premises proposed to be
operated as such an establishment and shall make written recommendations
to the Division of Licensing and Permits concerning compliance with
the codes that they administer. No massage and bodywork establishment
shall be issued a permit or be operated, established or maintained
in the Borough unless an inspection by the Health Officer, Construction
Official and Fire Official reveals that the establishment complies
with the minimum requirements of the Building and Health Codes for
businesses operating in the Borough of Pompton Lakes. In addition,
the establishment must comply with each of the following minimum requirements:
A.
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.
B.
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.
C.
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.
D.
Adequate hand-washing facilities shall be provided at convenient
locations as necessary to maintain clean hands and arms of all employees
during hours of operation.
[1983 Code § 129-9; readopted 10-23-2017 by Ord. No. BH 17-01]
A.
Permits issued under this chapter may be revoked by the Health Officer,
after notice and a hearing, for any of the following causes.
1.
Fraud, misrepresentation or false statement in the application for
the permit.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on the permitted business in the Borough.
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.
5.
Conducting the permitted business in the Borough 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.
Notice of the hearing for the revocation of a permit 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 permittee at his/her last known address
at least five days prior to the date set for the hearing.
C.
Such permit may, pending revocation proceedings, be suspended for
not more than 10 days by the Health Officer if, in his opinion, the
conduct of the permittee is detrimental to the health, safety and
general welfare of the Borough of Pompton Lakes.
D.
The Health Officer shall serve as hearing officer for any hearing
pursuant to this section.
[1983 Code § 129-10; readopted 10-23-2017 by Ord. No. BH 17-01]
The massage and bodywork establishment shall display its permit
as well as the license of each and every massage and bodywork therapist
employed in the establishment in an open and conspicuous place on
the premises of the establishment.
[1983 Code § 129-11; readopted 10-23-2017 by Ord. No. BH 17-01;
amended 10-23-2017 by Ord. No.
BH 17-02]
Every massage and bodywork establishment shall comply with the
following:
A.
Every portion of the massage and bodywork 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
areas in a location available to all prospective customers.
C.
All employees, including massage and bodywork therapists, shall be
clean and wear clean, nontransparent outergarments. Dressing rooms
must be available on the premises. Doors to such dressing rooms shall
open inward and shall be self-closing.
D.
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.
E.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage
and bodywork therapist.
F.
It shall be unlawful for any person knowingly, in a massage and bodywork
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 a sexual
or genital area of any other person. No massage and bodywork therapist,
employee or operator shall perform or offer to perform any act which
would require the touching of the patron's sexual or genital
area.
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 kept dry, clean and
sanitary.
H.
Oils, creams, lotions and other preparations used in administering
massage, bodywork or somatic therapies shall be obtained from an approved
source and kept in clean, closed containers or cabinets. Single service
products shall be used when available.
I.
Each therapist shall wash hands and arms up to and including the
elbows in hot running water, using proper soap and/or disinfectant
before administering any procedure or therapy to a patron. All restroom
and workstation hand wash sinks shall be stocked with liquid hand
soap and paper towels. Dispensers for soap and towels shall be wall
mounted. Signs shall be conspicuously mounted at each restroom sink
as follows: "Employees must wash hands after using the restroom."
If hand washing facilities are not available, the therapist shall
disinfect hands with an anti-bacterial agent.
J.
No therapist shall knowingly serve any patron infected with any fungus
or other skin infection nor shall service be provided to any patron
exhibiting inflammation or eruptions except in such case that a licensed
physician certifies in writing that the patron may be safely provided
with massage, bodywork therapy or somatic therapy. No therapist shall
perform any therapy if infected with any fungus or other skin infection,
inflammation or eruption subject to the same certification of a licensed
physician setting forth that the therapist may provide therapy to
patrons.
K.
A written disinfection plan for all linens, towels and reusable instruments
must be approved by the Health Department, kept on site and available
for inspection by appropriate officials of the Borough or Health Department.
The establishment must operate in accordance with the plan at all
times.
L.
Written or computer based records must be kept for every patron receiving
services from the establishment. The records shall contain, at least,
an intake form filled out by the patron to include name, address,
phone number, e mail address, date of birth, date(s) of service, the
service provided, the therapist name and State license number and
the signature of the patron. The records must be stored and available
on premises, in hard copy if requested, for a period of not less than
three years from the last service performed and made available on
request by any appropriate inspector.
M.
Signage, in at least English, shall be posted and conspicuously displayed
and clearly readable from the customer entrance, specifying the age
restriction and the record keeping requirements, at all times of operation.
N.
Patrons shall have access to a sanitary restroom at all times of
operation.
O.
The establishment shall conform to and observe all applicable rules,
regulations and prohibitions established by the New Jersey Board of
Cosmetology.
[1983 Code § 129-12; readopted 10-23-2017 by Ord. No. BH 17-01]
The Board of Health, Police Department and/or the Construction
Department shall, at least twice a year, make an inspection of each
massage and bodywork establishment granted a permit under the provisions
of this section for the purpose of determining whether the provisions
of this chapter are being complied with. Such inspection 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.
[1983 Code § 129-13; readopted 10-23-2017 by Ord. No. BH 17-01]
No part of any quarters of any massage and bodywork establishment
shall be used for or connected with any bedroom or sleeping quarters
nor shall any person sleep in such massage and bodywork establishment
except for limited periods incidental to and directly related to a
massage and bodywork treatment or bath. This provision shall not preclude
the location of a massage and bodywork establishment in separate quarters
of a building housing a hotel or other separate businesses or clubs.
[1983 Code § 129-14; readopted 10-23-2017 by Ord. No. BH 17-01; amended 10-23-2017 by Ord. No.
BH 17-02]
A.
No owner, operator or manager of a massage, bodywork and/or somatic therapy establishment shall tolerate or permit, knowingly or unknowingly, any activity or behavior prohibited by the laws, rules and regulations of the State of New Jersey including, but not limited to, prostitution, indecency and obscenity, including the sale, distribution, uttering or exposing of any publication of obscene material in any form, including electronic; any act of sodomy, adultery or formication; or the violation of any provision of this Chapter BH:12.
B.
Any conviction or guilty plea of any employee of the establishment
of any of the foregoing statutes, laws, rules, regulations, codes
or ordinances shall devolve upon the owner, operator or manager of
the establishment to the extent it constitutes sufficient cause to
suspend or revoke the permit/license.
C.
The licensee, owner, operator or manager shall not permit:
1.
Table showers.
2.
Ear candling.
3.
Any procedure that involves ear picks, ear spoons or ear scoops.
4.
Cupping or applying the open end of any vessel onto the patron's
skin and utilizing an open flame to heat the vessel.
5.
Any activity or therapy that utilizes any form of terrestrial or
aquatic animal(s) for the therapy including but not limited to fish
foot spas.
6.
Any activity or therapy that utilizes animal waste or waste products
as an ingredient.
7.
Colon cleansing.
D.
Pest control services must be performed by a NJDEP licensed pest
control contractor. The use of pest control chemicals of sprays by
any employee of the establishment or any non- licensed person is prohibited.
E.
Laundering is restricted to linens and towels used by the establishment.
Laundering of or storing of personal clothes or items is prohibited.
Only items, equipment and products used by the establishment for therapy
approved herein may be stored on the premises.
F.
No bulk food storage or meal preparation is permitted.
G.
Alcoholic beverages shall not be stored or consumed on the premises
of the establishment.
H.
No person under the age of 18 years shall be provided any service
unless accompanied by a parent or legal guardian.
[1983 Code § 129-15; Ord. No. 2014-21; Ord. No. 2015-07; readopted 10-23-2017 by Ord. No. BH 17-01]
Except as may otherwise be set forth herein, the provisions
of this chapter shall not apply to massage and bodywork facilities
where such treatments are 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.
E.
By a massage and bodywork therapy facility/employer licensed and registered pursuant to N.J.S.A. 45:11-76, proof of which licensing and registration shall be provided to the Health Officer of the Borough and be retained by the Board of Health, acceptable proof of identification of the operator/employer of the establishment and payment of the fee required by Section BH:12-4, and which has locations operated by either the ownership of the facilities or by franchisees associated with same, having locations in multiple states and with no fewer than 25 facilities so operated. The exception provided by this subsection E. shall not be applicable to the following sections: Sections BH:12-5, BH:12-6, BH:12-8, BH:12-9, BH:12-10, BH:12-11 and BH:12-13.
[1983 Code § 129-16; readopted 10-23-2017 by Ord. No. BH 17-01]
