CODES & REGULATIONS
BARBERSHOP, HAIRDRESSING & COSMETOLOGY
SECTION A. DEFINITIONS
For the purpose of these regulations:
(1) "Authorized Agent" means the person designated by the Director
of Health to act for him or her in the performance of his duties.
(2) "Barber" means a person licensed pursuant to Chapter 386 of the
General Statutes of the State of
Connecticut.
(3) "Barbering" means the following-described practices, when done
upon the head, face and neck for cosmetic purposes and done for the
public, with or without compensation therefore, shall be construed
as practicing the occupation of barber or master barber within the
meaning of Chapter 386 of the General Statutes of the State of
Connecticut: Shaving or trimming the beard; cutting hair, styling or
cutting hairpieces and wigs; giving facial and scalp massage or
application of oils, creams, lotions or other preparations, either
by hand or mechanical appliances, singeing, shampooing or dyeing the
hair or applying hair tonic, and applying cosmetic preparations,
antiseptics, powders, oils, clays or lotions to scalp, face or neck;
provided nothing in this chapter shall permit any of the services or
acts herein described to be used for the treatment or cure of any
physical or mental disease or ailment. Statutory Reference:
Connecticut General Statutes Section 20-234.
(4) "Barbershop" means any establishment engaged in the practice of
barbering for the public.
(5) "Director of Health" means the Director of Health of the
Naugatuck Valley Health District or his/her duly authorized
representative.
(6) "Disinfectant" means an Environmental Protection Agency (EPA)
registered product with demonstrated bactericidal, virucidal and
fungicidal activity used in accordance with manufacturer's
instruction.
(7) "Fee Schedule" means the Permit and associated fees specified
in the Annual Fiscal Year Budget adopted by the Board of Directors
of the Naugatuck Valley Health District in accordance with the
provisions of the Connecticut General Statutes.
(8) "Hairdresser/Cosmetician" means a person licensed pursuant to
Chapter 387 of the Connecticut General Statutes.
(9) "Hairdressing and Cosmetology" means the art of dressing,
arranging, curling, waving, weaving, cutting, singeing, bleaching
and coloring the hair and treating the scalp of any person, and
massaging, cleansing, stimulating, manipulating, exercising or
beautifying with the use of the hands, appliances, cosmetic
preparations, antiseptics, tonics, lotions, creams, powders, oils or
clays and doing similar work on the face, neck and arms, and
manicuring the fingernails and, for cosmetic purposes only,
trimming, filing and painting the healthy toenails, excluding
cutting nail beds, corns and calluses or other medical treatment
involving the foot or ankle, of any person for compensation,
provided nothing in this definition shall prohibit an unlicensed
person from performing facials, eyebrow arching, shampooing,
manicuring of the fingernails or braiding hair. Statutory Reference:
Connecticut General Statutes Section 20-250.
(10) "Hairdressing or Cosmetology Shop/Salon" means any
establishment engaged in the practice of hairdressing, cosmetology,
or barbering for the public.
(11) "Nail Technician" means 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.
(12) "Owner" means a person who owns a shop/salon establishment and
is responsible for upholding the regulations of this chapter in all
areas of the establishment, including rented and leased work areas
and work stations.
(13) "Operator" means a person who owns, leases, or manages a
shop/salon or any licensed person performing barbering,
hairdressing, cosmetology or manicuring.
(14) "Person" means an individual, firm, partnership, company,
corporation, trustee, association or any public or private entity.
(15) "Person in Charge" means the individual present in a
barbershop or hairdressing and/or cosmetology salon/shop that is the
apparent supervisor of the barbershop or hairdressing and/or
cosmetology shop/salon 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 Code.
(16) "Sanitary Conditions" means safe and clean shop/salon
conditions that prevent the spread of communicable diseases and
protect the public health and welfare.
(17) "Temporary Permit" means a permit issued to conduct a public
demonstration, a fund-raising event or a public convention for a
period not to exceed fourteen (14) days.
(18) "Working Area" is defined as a separate room with more than
one work station, or a private room set aside to serve one customer
at a time.
(19) "Work Station" is defined as 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.
SECTION B. PURPOSE
The purpose of this Code and its standards is to regulate sanitary
conditions at barbershops, hairdressing and cosmetology shops/salons
in a way that will:
1. Protect and promote public health, safety, and welfare.
2. Prevent the spread of disease including, but not limited to,
viral, bacterial, and fungal infections.
SECTION C. PERMITS
(1) No person shall maintain or operate any barbershop or
hairdressing and/or cosmetology salon/shop without having a valid
permit issued by the Director of Health. Only a person who complies
with the requirements of this Code shall be entitled to receive or
retain such a permit. An individual contractor renting space,
including a work area or work station, in any barbershop or
hairdressing and/or cosmetology salon/shop shall receive or retain a
valid permit.
(2) Every barbershop or hairdressing and/or cosmetology salon/shop
must comply with local Planning and Zoning regulations and all other
applicable codes before being issued a permit.
(3) Application for a permit shall be made on forms furnished by the
Director of Health, wherein the applicant shall state his/her full
name(s) and address(es), and whether such applicant is an
individual, firm or association, including but not limited to, any
partnership, limited partnership, limited liability partnership,
limited liability company, corporation, trust or estate, and if not
an individual, the name(s) of the partners, members, officers, or if
applicable, the duly authorized representative thereof, including
but not limited to, a fiduciary, trustee, or receiver, together with
their addresses, establishment name, the address of the place of
business, and such other pertinent information as the Director of
Health may require and affix his or her signature to the
application. All permits are valid for one (1) year or a portion
thereof, and are renewable on or before September 30 of each year.
(4) Every applicant for a permit to operate a barbershop or
hairdressing and/or cosmetology shop/salon shall pay an annual
permit fee as listed in the fee schedule determined by the Naugatuck
Valley Health District Board of Directors. Any applicant whose check
is returned unpaid to the Naugatuck Valley Health District shall be
required to pay a returned check fee as specified in the fee
schedule.
(5) No permit shall be issued or renewed until a completed
application has been submitted, the permit fee has been paid and the
applicant's barbershop or hairdressing and/or cosmetology salon/shop
meets the requirements set forth in this Code and all other
applicable state and local regulations.
(6) Permits shall be valid until the expiration date indicated on
the permit unless suspended or revoked by the Director of Health, or
until such time as the facility changes owners, closes, or goes
out-of-business.
(7) Permits 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 Naugatuck Valley Health District
and such changes must be approved by the Naugatuck Valley Health
District prior to the issuance of an operating license.
(8) Permit(s) must be displayed in a prominent location within the
establishment where patrons can observe it.
(9) A temporary permit to operate a barbershop or hairdressing
and/or cosmetology salon/shop may be granted for a period not to
exceed fourteen (14) calendar days. A temporary permit would be
required for conducting a public demonstration, a fund-raising event
or a public convention
SECTION D. ANNUAL INSPECTIONS
(1) The Director of Health shall promulgate such rules and
procedures as are necessary to ensure compliance with this Code.
(2) At least once a year, the Director of Health, or his/her
authorized agent, shall inspect each barbershop, hairdressing and/or
cosmetology shop/salon and shall make as many additional inspections
as are necessary for the enforcement of this Code and the Public
Health Code of the State of
Connecticut.
(3) The Director of Health, or his/her authorized agent, after
proper identification, shall be permitted to enter, during normal
operating hours, any portion of any barbershop or hairdressing
and/or cosmetology shop/salon for the purpose of making inspections
to determine compliance with this Code and the Public Health Code of
the State of
Connecticut.
(4) In the event that the Director of Health finds unsanitary
conditions in the operation of a barbershop or hairdressing and/or
cosmetology shop/salon, or if a violation or set of violations
appears on two (2) or more consecutive inspection reports, the
Director of Health may immediately issue a written notice to the
permit 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 permit may be revoked or suspended.
SECTION E. PERMIT SUSPENSION
(1) Failure to comply with the provisions of this Code and
applicable state regulations shall be grounds for revocation or
suspension of any permit issued under the provisions of this Code.
(2) The Director of Health may suspend, without warning, prior
notice or hearing, any permit to operate a barbershop or
hairdressing and/or cosmetology shop/salon if,
(a) The owner, operator or person in charge has interfered with the
performance of the Director of Health's duties.
(b) The operation constitutes an imminent hazard to public health
including, but not limited to, any one of the following:
(i)
There is an ongoing outbreak of an infectious, pathogenic or toxic
agent capable of being transmitted to consumers.
(ii) There is an absence of potable water, supplied under pressure,
in a quantity which, in the opinion of the Director of Health, is
capable of meeting the needs of the facility
(iii) There is a sewage backup into the facility.
(iv) An unlicensed individual is performing procedures requiring
licensure by the Connecticut General Statutes or the Public Health
Code. An individual who does not hold a valid
Hairdressing/Cosmetician license in the State of
Connecticut
is not allowed to perform pedicures.
(3) Suspension shall be effective immediately upon delivery of the
written order to the permit holder or person in charge of the
facility by the Director of Health. When a permit is suspended, all
barbershop, hairdressing and/or cosmetology shop operations shall
cease immediately and shall not resume until written approval to
resume has been issued by the Director of Health. The Director of
Health, or his/her authorized agent, shall remove a suspended permit
from the premises.
(4) When a permit is to be suspended, the holder of a permit, 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 hearing is filed with the Director of Health by the
holder of the permit within two (2) business days. If no written
request for a hearing is filed within two (2) business days, the
suspension is sustained. The Director of Health may end the
suspension at any time by giving written notice to the permit holder
if reasons for suspension no longer exist.
(5) Upon receiving a request for a hearing, the Director of Health
shall schedule a hearing not later than ten (10) business days from
the date of actual receipt of the request to afford the owner the
opportunity to present evidence and argument on all facts or issues
involved to examine the merits of such suspension.
(6) The Director of Health shall examine the merits of such
suspension and render a decision in writing to vacate, modify, or
affirm such suspension within ten (10) business days of the date of
the hearing held under this section.
(7) The permit holder who is aggrieved by such action of the
Director of Health may, within forty-eight (48) hours after the
making of such decision, appeal to the Commissioner of Public
Health.
SECTION F. PERMIT REVOCATION/FAILURE TO RENEW
(1) The Director of Health, after providing opportunity for hearing,
may revoke or refuse to renew the permit of any person for serious
or repeated violations of any of the provisions of this Code, or for
interference with the Director of Health in the performance of his
or her official duties or for cases where the permit to operate has
been obtained through nondisclosure, misrepresentation or
intentional misstatement of a material fact.
(2) Prior to revocation or failure to renew, the Director of Health
shall notify the permit holder, or person in charge at the facility,
of the specific reason(s) for such revocation or non-renewal, and
that permit shall be revoked or not renewed at the end of ten (10)
calendar days following service of such notice, unless a written
request for hearing is filed with the Director of Health by the
holder of the permit, or the person in charge of the facility,
within two (2) business days of such notice. If no request for a
hearing is filed within two (2) business days of such notice, the
revocation or non-renewal becomes final. The Director of Health
shall remove a revoked permit from the premises.
(3) If a written request for a hearing is filed with the Director of
Health by the permit holder, or the person in charge of the
facility, within two (2) business days following the service of such
notice, the Director of Health shall thereupon schedule a hearing
not later than five (5) 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 facts or issues involved.
(4) The Director of Health shall examine the merits of such
revocation and render a decision in writing to vacate, modify, or
affirm such revocation within ten (10) business days of the date of
the hearing held under this section.
(5) The permit holder, or person in charge, who is aggrieved by such
action of the Director of Health may, within forty-eight (48) hours
after the making of such decision, appeal to the Commissioner of
Health.
SECTION G. PERMIT REINSTATEMENT
(1) Suspension
Whenever a permit has been suspended, the holder of the suspended
permit may make written request for permit reinstatement. Within ten
(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 Director
of Health, or his or her authorized agent, shall make a
re-inspection. If the Director of Health determines that the
applicant has complied with the requirements of this Code and the
State Public Health Code, the permit shall be reinstated and
returned to the permit holder.
(2) Revocation/Failure to Renew
After a period of sixty (60) calendar days from the date of
revocation or refusal to renew, a written application may be made
for the issuance of a new permit. This application will be treated
as a new application. All appropriate procedures and inspections
will be required.
SECTION H. HEARINGS
The Director of Health shall designate a time and place to conduct
the hearings provided for in this Code. The Director of Health shall
summarize the proceedings of such hearings and provide sufficient
copies. The Director 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 Director of
Health shall furnish a written report of the hearing decision to the
permit holder within ten (10) business days of the hearing date. A
request for a hearing shall not stay any revocation, suspension or
denial of a permit until such time as a hearing has been held and a
decision rendered thereon.
SECTION
I.
SERVICE OF NOTICES
A
notice or order provided for in this Code is properly served when it
is delivered to the permit holder, or person in charge, or when it
is sent by registered or certified mail, return receipt requested,
to the last known address of the holder of the permit. A completed
and signed inspection report shall constitute a written notice.
SECTION
J. SANITATION
(1) General Cleanliness
Each shop/salon shall be maintained to provide a safe and sanitary
environment. All supplied facilities shall be kept clean, sanitary
and in good repair.
(2) Disinfection of Reusable Equipment
(a) After each use on a patron, all electrical and non-electrical
instruments shall be thoroughly cleaned to remove foreign matter,
treated with an approved disinfectant and stored in a protected
manner until their next use.
(b) 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) Ultraviolet disinfection is prohibited.
(d) Disinfectants include, but are not limited to:
1. Quaternary ammonium compounds (1:1000 dilution for 30 seconds)
2. Alcohol (3 minutes)
3. Lubricant sanitizer (10 second contact time, 10 minute drain
time)
4. Disinfectant spray (see manufacturer's instructions)
5. Commercial formalin (10% solution for 1 minute)
6. Bleach (see manufacturer's instructions)
7. Lysol, compound cresol solution, phenolic compound (5% solution
for 3 minutes or 2% solution for 10 minutes)
8. Anti-microbial additive (see manufacturer's instructions)
9. Boiling water (5 minutes)
10. Autoclave (see manufacturer's instructions)
(3) Disposable and Single-Use Equipment
(a) 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) 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 placing in the waste receptacle.
(c) All sharp or pointed articles shall be disposed of in a
puncture-proof container.
(4) Sanitation of Foot Spas and Waterbaths
(a) An anti-microbial additive shall be placed in each foot spa or
waterbath during use.
(b) After each patron, the shop/salon shall drain all water and
debris, properly disinfect, and dry the foot spa or waterbath.
(c) 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.
(5) Prohibited Equipment and Products
(a) It is prohibited to use or store the following items in a
shop/salon except for display or historical purposes:
1. A lancet or any other device used to break the skin
2. A razor blade (Credo blade) callus shaver
3. A double-edged straight edge razor
4. Shaving brushes, shaving mugs, and brush neck dusters.
5. Any substance banned by the Food and Drug Administration,
including liquid methyl methacrylate monomer (MMA) and methylene
chloride.
(b) Materials to stop the flow of blood may be used only in liquid
or powdered form.
(6) Towels
(a) Clean, properly laundered or disposable towels shall be used for
each patron.
(b) All linens and towels shall be deposited in a covered cleanable
receptacle after each patron.
(c) Clean towels and linens shall be stored off the floor in a
clean, protected location.
(7) Neck Protection and
Capes
(a) A sanitary neck strip or clean towel shall be placed around a
patron's neck so that the cape does not come in contact with the
skin of the neck.
(b) Neck strips shall be discarded after use on each patron.
(c)
Capes
shall be cleaned as often as necessary to ensure a sanitary
condition and shall be stored off the floor between uses.
(8) Headrest Cover
(a) The headrest of chairs shall be covered with a single-use
disposable cover.
(9) Cosmetics
(a) 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) Multi-use of cosmetic applicators is prohibited. This includes
the use of lipsticks, powder puffs, makeup brushes and sponges,
which are not disposable.
(c) Lotions and powders shall be dispensed from a sanitary
self-dispensing container.
(d) Eyebrow pencils shall be sharpened after each use.
(10) Operators
(a) 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, shampoo or hand disinfectant.
(b) No operator shall smoke or eat at the workstation.
(c) Operators shall wear clean, washable garments.
(d) Combs and other instruments shall not be placed or carried in
the pockets of the operator.
(e) 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.
(f) No operator shall knowingly serve any patron who is afflicted
with impetigo, barber's itch, lice, nits, or ringworm.
(g) 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.
(11) Animals, Pets, Reptiles or Birds
(a) No animal, pet, bird or reptile shall be allowed in the work
area or other regulated areas of the shop/salon. This prohibition
shall not apply to service animals for the disabled. Statutory
Reference:
Connecticut General Statutes Sections 46a-42 and 46a-44.
(12) Foods and Beverages
(a) Foods and beverages shall not be prepared, stored or sold in the
permitted premises, except with a valid Food Permit from the
Naugatuck Valley Health District. Coffee and tea may be prepared and
kept for the convenience of employees and patrons, but no charge is
to be made to patrons who are served. Food and nonalcoholic
beverages may, however, be brought into the permitted premises, from
an approved source, for immediate consumption and also may be
dispensed by means of automatic vending machines on the premises.
(b) Beverages provided to patrons shall be provided in a disposable
container.
(13) Water and Plumbing
(a) Every shop/salon must have an approved water supply with
sufficient hot and cold running water under pressure.
(b) All plumbing fixtures must be protected against back-siphonage
or back flow.
(c) Waste water shall be discharged into municipal sewers where
available or into an approved on-site sewage disposal system.
(d) Plumbing fixtures shall be clean and free from defects.
(14) Toilet and Sink Facilities
(a) Each shop/salon shall provide adequate toilet and hand washing
facilities for patrons and employees.
(b) Toilet and hand washing facilities shall be in working condition
at all times, and kept clean and sanitary.
(c) Each hand washing sink shall have a soap dispenser and
disposable towels or an air dryer for hand drying.
(d) At least one hand washing facility shall be located in each
private treatment room.
(15) Lighting and Ventilation
(a) Lighting shall be sufficient to provide adequate illumination in
the work area.
(b) The shop/salon shall be properly and adequately ventilated to
remove excess heat, vapors, and odors.
(c) Windows shall be effectively screened against insects, rodents,
and other vermin.
(16) Floors, Walls, and Ceilings
(a) Floors in work areas and walls must have non-porous, easily
cleanable coverings and shall be kept clean and in good repair.
(b) Hair clippings shall not be allowed to accumulate on floors or
chairs. Hair clippings shall be removed to a covered receptacle
after serving each patron.
(c) Ceilings shall be kept clean and in good repair.
(d) Cracks in floors, walls and ceilings shall be filled in so as to
prevent the harboring of insects and rodents.
(17) Other
(a) Material Safety Data Sheets (MSDS) shall be made available to
the Director of Health, or his or her designated agent, upon
request.
SECTION
K. UNCONSTITUTIONALITY CLAUSE
Should any section, paragraph, sentence, clause or phrase of this
Code be declared unconstitutional or invalid for any reason, the
remainder of said Code shall not be affected thereby.
SECTION
L. CONFLICT OF REGULATIONS
In any case where a provision of this Code is found to be in
conflict with a regulation of the State Department of Public Health
or any other state law or regulation, on the effective date of this
Code, the provision which establishes the higher standard for the
promotion and protection of the health and safety of the people
shall prevail.
SECTION
M. EFFECTIVE DATE
This Code became effective
April 14, 2003