[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 11-5-2025 by Ord. No. 1490-25.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 63, Barbershops and Beauty Parlors, adopted 2-24-1998 by Ord. No. 1058-98, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
BARBER
Any person who is licensed to engage in any of the practices encompassed in barbering.
BARBERING
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, lotions 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, or styling of hair pieces or wigs, to the extent that the services are performed while the wig is being worn by a person.
BARBERSHOP
Any establishment engaged in the practice of barbering for the public.
DESIGNEE
Any person designated by the Health Officer to act for them in performance of their duties.
DISINFECTANT
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 manufacturers instruction.
HAIRDRESSER/COSMETICIAN or COSMETOLOGIST-HAIRSTYLIST
Any person who is licensed to engage in the practices encompassed in cosmetology and hairstyling.
HAIRDRESSING AND COSMETOLOGY
Any one or combination of the practices outlined in N.J.S.A. 45:5B-3j 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.
HAIRSTYLING OR COSMETOLOGY SHOP/SALON
Any establishment engaged in the practice of hairstyling, cosmetology or barbering for the public.
HEALTH OFFICER
The Health Officer of the Township of Bloomfield or their duly authorized representative.
NAIL SALON/SHOP
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
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
A person who owns, leases, or manages a shop/salon, or any licensed person performing barbering, hairstyling, cosmetology or manicuring.
OWNER
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
An individual, firm, partnership, company, corporation, trustee, association or any public or private entity.
PERSON IN CHARGE
The individual present in a barbershop or hairstyling and/or cosmetology salon/shop or nail salon/shop that is the apparent supervisor of the barbershop or hairstyling 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
Safe and clean shop/salon conditions that prevent the spread of communicable diseases and protect the public health and welfare.
WORK STATION
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
A separate room with more than one work station, or a private room set aside to serve one customer at a time.
A. 
It shall be unlawful for any person or any body corporate to operate a barbershop, hair salon, nail salon, and/or cosmetology salon without first having procured an annual license from the local Board of Health and without complying with any and all of the provisions concerning its operation and maintenance as required by the Borough of Caldwell, state laws or regulations and this Code, whichever is the more stringent.
B. 
Every barbershop, hairstyling, cosmetology salon/shop or nail salon/shop must comply with local planning and zoning regulations and all other applicable ordinances before being issued a license.
C. 
Application for a license shall be made on forms furnished by the Health Officer. All licenses are valid for one year or a portion thereof and are renewable on January 1 of each year.
D. 
Every applicant for a license to operate a barbershop or hairstyling and/or cosmetology salon/shop or nail salon/shop shall pay an annual license fee according to Chapter A270 of the Code of the Borough of Caldwell. The annual license fee shall be due and payable on or before the first day of February each year. Any applicant whose check is returned unpaid to the Board of Health shall be required to pay a returned check fee of $20.
E. 
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 hairstyling 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.
F. 
The licenses shall be effective for the calendar year, expiring on December 31. They may be renewable for the succeeding calendar year, provided that the establishment remains in substantial compliance with all applicable state and local laws. The fee for license renewals shall be due and payable on or before the first day of February in the year of renewal. A late fee as set forth in Chapter A270, Fees, shall be charged for each renewal paid on or after April 1.
G. 
Licenses shall not be transferable from person to person or from location to location. Any planned change in ownership of a facility must be reported promptly to the Board of Health and such changes must be approved by the Board of Health prior to the issuance of an operating license.
H. 
Licenses must be displayed in a prominent location within the establishment where patrons can observe it.
A. 
The Health Officer shall promulgate such rules and procedures as are necessary to ensure compliance with this chapter.
B. 
At least once a year, the Health Officer or their designee shall inspect each barbershop, hairstyling and/or cosmetology shop/salon and nail salon/shop and shall make as many additional inspections as are necessary for the enforcement of this chapter.
C. 
The Health Officer or their designee, after proper identification, shall be permitted to enter, during normal operating hours, any portion of any barbershop or hairstyling and/or cosmetology shop/salon or nail salon/shop for the purpose of making inspections to determine compliance with this chapter.
D. 
In the event that the Health Officer or their designee finds unsanitary conditions in the operation of a barbershop or hairstyling and/or cosmetology shop/salon or nail salon/shop, or if a violation or multiple violations occur, the Health Officer or their designee may 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 which such action shall be taken. If corrective action is not made in the allotted time, the licensee may be fined or their license suspended.
An inspection fee, in addition to the annual license fee, shall be imposed upon any barbershop or hairstyling and/or cosmetology shop/salon or nail salon/shop as follows:
A. 
For each inspection carried out pursuant to a complaint when such inspection results in a determination that said barbershop or hairstyling and/or cosmetology shop/salon or nail salon/shop is in violation of any of the provision of this chapter.
B. 
For each reinspection carried out after either a failure of the regular inspection or of failure of an inspection carried out pursuant to a complaint as set forth in Subsection A.
C. 
There shall be a fee of $100 for each inspection as set forth in Subsection A and/or B, as set forth in Chapter A270, Fees.
A. 
General cleanliness. Each shop/salon shall be maintained to provide a safe and sanitary environment. All facilities shall be kept clean, sanitary and in good repair.
B. 
Disinfection of reusable equipment:
(1) 
After each use on a patron, all electrical and nonelectrical instruments shall be thoroughly cleaned to remove foreign matter, treated with an approved disinfectant and stored in a protected manner until their next use.
(2) 
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.
C. 
Disposable and single-use equipment:
(1) 
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.
(2) 
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.
(3) 
All sharp or pointed articles shall be disposed of in a puncture-proof container.
D. 
Sanitation of foot spas and waterbaths:
(1) 
An antimicrobial additive shall be placed in each foot spa or waterbath during use.
(2) 
After each patron, the shop/salon shall drain all water and debris, properly disinfect and dry the foot spa or waterbath.
(3) 
At the end of each day, the shop/salon shall remove and immerse any filter in disinfectant and flush the foot spa or waterbath with low-sudsing soap and water.
E. 
Towels:
(1) 
Clean, properly laundered or disposable towels shall be used for each patron.
(2) 
All linens and towels shall be deposited in a covered cleanable receptacle after each patron.
(3) 
Clean towels and linens shall be stored off the floor in a clean, protected location.
F. 
Cosmetics:
(1) 
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.
(2) 
Multi-use of cosmetic applicators is prohibited. This includes the use of lipsticks, powder puffs, makeup brushes and sponges which are not disposable.
(3) 
Lotions and powders shall be dispensed from a sanitary self-dispensing container.
G. 
Operators:
(1) 
Operators shall thoroughly wash their hands with soap and water immediately after using the toilet, eating or smoking. Before serving each customer, operators shall thoroughly wash their hands with soap or hand disinfectant.
(2) 
No operator shall remove warts or moles or treat any disease of a patron, nor perform any medical procedure such as an injection, nor dispense any medical device.
(3) 
All operators shall have an exclusion policy for people with a communicable disease that may be transmitted through the services of a barber, hairdresser, cosmetologist, or nail technician.
(4) 
No individual shall perform procedures requiring licensure by the New Jersey State Board of Cosmetology and Hairstyling without possessing such a valid license.
(5) 
No individual shall perform procedures requiring licensure by the New Jersey State Board of Cosmetology and Hairstyling without having such license visible and present on site.
H. 
Water and plumbing:
(1) 
Every shop/salon must have an approved water supply with sufficient hot and cold running water under pressure.
(2) 
All plumbing fixtures must be protected against back-siphonage or backflow.
(3) 
Plumbing fixtures shall be clean and free from defects.
I. 
Toilet and sink facilities:
(1) 
Each shop/salon shall provide adequate toilet and hand-washing facilities for patrons and employees.
(2) 
Toilet and hand-washing facilities shall be in working condition at all times, and kept clean and sanitary.
(3) 
Each hand-washing sink shall have a soap dispenser and disposable towels or an air dryer for hand drying.
J. 
Lighting and ventilation:
(1) 
Lighting shall be sufficient to provide adequate illumination in the work area.
(2) 
The shop/salon shall be properly and adequately ventilated to remove excess heat, vapors, and odors.
(3) 
Windows shall be effectively screened against insects, rodents, and other vermin.
K. 
Floors, walls, and ceilings. Floors, walls and ceilings shall be kept clean and in good repair.
A. 
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health for any violation of any provision of this chapter or the State Sanitary Code or the New Jersey Administrative Code or if the business is conducted in a disorderly or improper manner or in violation of any ordinance of this municipality or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued or if the operation constitutes an imminent hazard to public health including, but not limited to, any one of the following:
(1) 
There is an outbreak of an infectious, pathogenic or toxic agent capable of being transmitted to consumers.
(2) 
There is an absence of potable water, supplied under pressure, in a quantity which, in the opinion of the Health Officer or Inspector, is capable of meeting the needs of the facility.
(3) 
There is a sewage backup into the facility.
(4) 
An unlicensed individual is performing procedures requiring licensure by the New Jersey State Board of Cosmetology.
B. 
A license issued under the terms and provisions of this chapter shall not be revoked or suspended until after a hearing is conducted by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the charges against the licensee. Notice may be given either by personal delivery or certified mail or commercial express service to the licensee at the business address appearing upon said license. At the hearing the aggrieved shall have an opportunity to answer all charges and may thereafter be heard. Upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or, if the Board concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
A. 
If any such license shall have been revoked, neither the holder of the license nor any person acting for him, directly or indirectly, shall be entitled to another license to conduct the same business within the Borough unless the application for such license shall be approved by the Board of Health.
B. 
The holder of the suspended license may make written request for license reinstatement. Within 10 business days following receipt of a written request including a statement signed by the applicant that, in their opinion, the conditions causing the suspension have been corrected, the Health Officer or their designee shall make a reinspection.
C. 
If the Health Officer or Inspector determines that the applicant has complied with the requirements of this chapter, the license shall be reinstated and returned to the license holder as issued by the Board of Health.
No provisions of the article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not exceeding $500, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, the remainder of said chapter shall not be affected thereby.
In any case where a provision of this chapter is found to be in conflict with a regulation of the State Department of Health, Department of Law and Public Safety, Division of Consumer Affairs or any other state law or regulation, on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.