[HISTORY: Adopted by the Board of Health of the Borough of Norwood 3-5-2007
by Ord. No. 2007:01. Amendments noted where applicable.]
The Board of Health of the Borough of Norwood hereby provides for the
protection of the public by controlling the sanitary practices and licensing
at places of cosmetology, barbering, hair and nail styling.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who is licensed to engage in any of the practices encompassed
in 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:
Shaving or trimming of the beard, mustache or other facial hair;
Shampooing, cutting, arranging, relaxing or styling of the hair;
Singeing or dyeing 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,
or the 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 customer.
Any establishment engaged in the practice of barbering for the public.
The Norwood Board of Health and/or any Regional Board of Health of
which Norwood is a member.
Any person designated by the Health Officer to act for him/her in
the performance of his/her duties.
An Environmental. Protection Agency (EPA) or New Jersey Department
of Environmental Protection registered product with demonstrated bacterial,
virucidal and fungicidal activity used in accordance with manufacturer's
instruction.
Any person who is licensed to engage in the practices encompassed
in cosmetology and hairstyling.
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.
Any establishment engaged in the practice of hairdressing, cosmetology,
or barbering for the public.
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.
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.
A 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.
Safe and clean salon/shop conditions that prevent the spread of communicable
diseases and protect the public health and welfare as defined in Chapter XII
of the New Jersey Sanitary Code.
A separate room with more than one workstation, or a private room
set aside to serve one customer at a time.
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.Â
It shall be illegal for any person to open and/or operate
a cosmetology shop and/or nail salon or any facility using barber and/or beauty
shop, cosmetology, hair styling and/or nail salon 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 Board of Health.
B.Â
Every barbershop, hairdressing, 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.Â
Standards; prohibitions and requirements. Each salon/shop
shall be maintained to provide a safe and sanitary environment as defined
in Chapter XII of the New Jersey Sanitary Code.
(1)Â
Use of a cosmetology and/or nail salon/shop as sleeping
quarters is prohibited.
(2)Â
Every cosmetology and/or nail salon/shop and all appurtenances
or equipment therein shall be kept in a clean and sanitary condition at all
times.
(3)Â
Every cosmetology and/or nail salon/shop shall be well
lighted, well ventilated, and be provided with an adequate supply of hot and
cold water.
(a)Â
Lighting shall be sufficient to provide adequate illumination
in the work area, such as 30 footcandles.
(b)Â
Windows shall be effectively screened against insects,
rodents, and other vermin.
(c)Â
Every salon/shop must have an approved water supply with
sufficient hot and cold running water under pressure in accordance with the
New Jersey State Uniform Construction Code.
(d)Â
All plumbing fixtures must be protected against backsiphonage
or backflow.
(e)Â
Plumbing fixtures shall be clean and free from defects.
(4)Â
The use of mugs, shaving brushes and dusting brushes
is prohibited.
(5)Â
Razors, scissors, clippers; pinchers, needles and all other instruments,
electrical and nonelectrical, shall, after each use on a patron, be sterilized
by immersion in a suitable and approved solution, or by some other method
in accordance with the Board of Cosmetology requirements.
(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.
(6)Â
Combs and brushes shall be cleaned after each use with soap and
water and then shall be sterilized in the manner described above or by some
other manner approved by the Board of Health.
(7)Â
Requirements of attendants.
(a)Â
They shall wear a clean, washable outer coat or uniforms.
(b)Â
They shall thoroughly wash their hands with soap and
water between each patron.
(c)Â
They shall thoroughly wash their hands with soap and
water immediately after using the toilet, eating and/or smoking.
(d)Â
They shall not remove warts or moles or treat any disease
of a patron, nor perform any medical procedure such as an injection, nor dispense
any medical advice.
(e)Â
All operators shall have an exclusion policy for people
with communicable disease that may be transmitted through the services of
a barber, hairdresser, cosmetologist, or nail technician.
(8)Â
Headrests, if used, shall be protected with fresh paper
and a laundered towel for each patron.
(9)Â
Individual paper neckbands or freshly laundered towels
shall be used and not reused unless laundered after use on each patron.
(10)Â
No alum, stringent, antiseptic or other preparation shall
be used in 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.
(11)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
Multi-use 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.
(12)Â
Waste disposal shall be performed daily in a manner which
is determined to be acceptable by the Board of Health.
(13)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.
(14)Â
An antimicrobial additive shall be placed in each foot
spa or water bath during use.
(15)Â
Each salon/shop shall provide adequate toilet and hand-washing
facilities for patrons and employees.
(16)Â
Floors, walls and ceilings shall be kept clean and in
good repair.
(17)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.
(18)Â
Instruments that contact the customer, i.e., sanding
disks, stones, etc., shall be single-use items or be sterilized between each
customer.
(19)Â
Instruments, gauze and tissues that are contaminated
with blood shall conform to medical waste regulations.
A.Â
An application for a Borough license shall be sent to
the owner or person in charge of the cosmetology and/or nail salon/shop annually
each year in December.
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 December 31 of each year.
C.Â
Every applicant for a license to operate a cosmetology salon/shop and/or nail salon/shop shall pay an annual license fee in accordance with § 237-5 hereafter.
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
Licenses shall be valid until December 31 of each year
as noted on the license unless suspended by the Board of Health, or until
such time as the facility changes owners, closes, or goes out of business
if any of those events occurs before December 31 in any year.
F.Â
Licenses shall not be transferable from person to person
or from location to location. Any change in ownership of a facility must be
reported promptly to the Board of Health and must be approved by the Board
of Health 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.
A.Â
The annual fee for licenses of the public establishments
regulated herein are fixed as follows:
B.Â
All licenses issued hereunder shall expire on the December 31 of each year, except as otherwise indicated in § 237-4E above.
C.Â
License fees shall be paid to the Board of Health. The
license fee under this section for the year in which this section takes effect
shall be paid on or before 30 days from the effective date of this chapter,
and the license so issued in that first year shall expire on December 31 of
the year that it becomes effective. Thereafter, all license fees shall be
paid on or before December 31" of each year. Any applicant whose check is
returned unpaid to the Board of Health shall be required to pay a return check
fee of $25.
A.Â
The Board of Health shall promulgate such rules and regulations
as are necessary to ensure compliance with this chapter.
B.Â
At least once a year, the Registered Environmental Health
Specialist shall inspect each place of cosmetology, hair salon, barber shop,
or nail styling salon/shop and shall make as many additional inspections as
are necessary for the enforcement of this chapter.
C.Â
The Registered Environmental Health Specialist, after
proper identification, shill 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.
D.Â
In the event that the Registered Environmental Health
Specialist finds unsanitary conditions in the operation of a cosmetology salon/shop,
hair salon, barber shop, or nail salon/shop, or if a violation or multiple
violations occur, the Registered Environmental Health Specialist 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 and/or his/her license suspended.
A.Â
Any person who shall violate any of the provisions of
this chapter shall, upon conviction, be punished by a fine of at least $100,
but not exceeding $1,200, 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.
B.Â
A license may be suspended or revoked for a violation
of any provision of this chapter by the holder after an opportunity for a
hearing by the Board of Health. No license is transferable by sale or otherwise.
C.Â
License suspension.
(1)Â
Failure to comply with the provisions of this chapter
and applicable state regulations shall be grounds for suspension of any license
issued under the provisions of this chapter.
(2)Â
The Board of Health 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:
(a)Â
There is an outbreak of an infectious, pathogenic or
toxic agent capable of being transmitted to consumers.
(b)Â
There is an absence of potable water, supplied under
pressure, in a quantity which in the opinion of the Board of Health, is capable
of meeting the needs of the facility.
(c)Â
There is sewage backup into the facility.
(d)Â
An unlicensed individual is performing procedures requiring
licensure by the New Jersey State Board of Cosmetology.
(3)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 Registered Environmental Health Specialist or a municipal police officer.
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. The Registered Environmental
Health Specialist shall remove a suspended license from the premises.
(4)Â
When a license is to be suspended, the holder of a license,
or the person in charge, shall be notified in writing of the suspension, and
an opportunity for a hearing will be provided if a written request for a hearing
is filed with the Board of Health by the holder of the license within two
business days. If no written request for a hearing is filed within two business
days, the suspension is sustained. The Board of Health may end the suspension
at any time by giving written notice to the license holder if reasons for
suspension no longer exist.
(a)Â
Upon receiving a request for a hearing, the Board of
Health shall schedule a hearing not later than 10 business days from the date
of the actual receipt of the request to afford the owner the opportunity to
present evidence and argument on all the facts or issues involved and to examine
the merits of such suspension.
(b)Â
The Board of Health shall examine the merits of such
suspension and render a decision in writing to vacate, modify, or affirm such
suspension within 10 business days of the date of the hearing held under this
section.
(5)Â
Whenever a license has been suspended, 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 his or her opinion, the conditions
causing the suspension have been corrected, the Registered Environmental Health
Specialist shall make a reinspection. If it is determined that the applicant
has complied with the requirements of this chapter, the license shall be reinstated
and returned to the license holder.
D.Â
The Board of Health shall designate a time and place
to conduct the hearings provided for in this chapter. The Board of Health
shall make a final finding based upon the complete hearing record and shall
sustain, modify or rescind any notice or order considered in the hearing.
The Board of Health shall furnish a written report of the hearing decision
to the license holder within 10 business days of the hearing date. A request
for a hearing shall not stay any suspension or denial of a license until such
time as a hearing has been held and a decision rendered thereon.
E.Â
A notice or order provided for in this chapter is properly
served when it is delivered to the license holder or person in charge, posted
at a conspicuous location on the building, or when it is sent by registered
mail, return receipt requested, to the last known address of the holder of
the license. A completed and signed inspection report shall constitute a written
notice.
