TOWN OF IPSWICH
BOARD OF HEALTH REGULATIONS
[Ctrl-F] to Search Page
I Control of Communicable Disease – Effective
August 31, 1987
II Nuisances – Effective August 31, 1987
III Food Regulations – Effective August 31, 1987
IV Horses, Cows, Goats, Swine & Poultry – Effective
August 31, 1987
V Individual Subsurface Sewage Disposal Systems
– Effective July 20, 2000
VI Percolation Testing and Deep Observation Holes
– Effective July 20, 2000
VII Garbage Rules and Regulations – Effective August 31,
1987
VIII Private Wells for Proposed Dwellings – Effective July 19,
1985
IX Fee Schedule – Effective February 22, 2001
X Sale of Tobacco Products to Minors – Effective
July 3, 1999
XI Floor Drain Regulation – Effective February 22, 2001
XII Regulations for Body Art Establishments and Practitioners—Effective
May 17,
2001
XIII Regulation of Massage Therapy/Body Work/Movement Education—Effective
September 20, 2001
CHAPTER I
Ipswich Board of Health
Control of Communicable Disease
1. Definitions.
The following words as used in the regulations, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:
· “Boards of Health” shall include the Board, Department, or officer having like powers and duties in cities or towns.
· “Contact” – any person or animal known to have been sufficiently near to an infected person or animal to have been presumably exposed to infectious material directly, or by articles freshly soiled with such material.
· “Isolation” – means the separation of a person suffering from a communicable disease, or a carrier of the infecting organism, from other persons, in such places and such conditions as will prevent the direct or indirect conveyancy of the infectious agent or susceptible persons.
· “Quarantine” – means the limitation of freedom of movement of persons who have been exposed to communicable disease, for a period of time equal to the usual incubation period of the disease to which they have been exposed.
· “Incubation Period” – means the usual period of time which elapses between the exposure of a person to infection and the development of the symptoms of the disease to which he or she may have been exposed.
· “Susceptibles or Nonimmunes” – a “susceptible or nonimmune” person is one who is not known to have acquired immunity to the particular communicable disease in question.
· “Immunes” – is one who has had the disease or has been artificially immunized against it, and is, presumably, protected against another attack.
· “Last Exposure” – means the date of the removal to a hospital,
or the recovery or death of the patient, or the date on which the nonimmune
contact leaves and remains out of the house where the patient is.
2. Disease Dangerous to the Public Health.
MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH
ABSTRACT OF REPORTABLE DISEASE REGULATIONS*
1985
I. REPORTABLE TO LOCAL BOARDS OF HEALTH:
Amebiasis
Animal Bite
Anthrax
Babesiosis
Bruceilosis (Undulant Fever)
Campylobacter Enteritis
Chickenpox (Varicella)
Cholera
Diphtheria
Encephalitis (specify type if known)
Epidemic Staphylococcal Infection of Newborn
Food Poisoning
a. Botulism
b. Mushrooms and other poisonous vegetable and animal products
c. Mineral or organic poisons as arsenic, lead, etc.
d. Staphylococcal
e. Paralytic shellfish poisoning
f. Other
Giardiasis
Haemophilus influenzae systemic infection (without meningitis)
Hepatitis, viral
a. Type A
b. Type B
c. Type non-A, non-B
d. Undetermined
Kawasaki Disease
Legionnaires’ Disease (Legionellosis)
Leprosy
Leptospirosis
Listeriosis
Lyme Disease
Malaria
Measles (Rubella)
Meningitis:
a. bacterial
b. viral
c. other
Meningococcal Infection (without meningitis)
Mumps
Pertussis (Whooping Cough)
Plague
Poliomyelitis
I. REPORTABLE TO LOCAL BOARDS OF HEALTH: (continiued)
Psittacosis
Rabies (Human or Animal)
Rey’s Syndrome
Rickettsial Diseases:
a. Rickettsialpox
b. Typhus
c. Rocky Mountain Spotted Fever
Rubella (German Measles)
a. Congenital
b. Noncongenital
Salmonellosis (including Typhoid and Paratyphoid Fevers)
Shigellosis (Bacillary Dysentery)
Tetanus
Toxic Shock Syndrome
Toxoplasmosis
Trichinosis
Tuberculosis
Tularemia
Yersiniosis
II. REPORTABLE DIRECTLY TO STATE DEPARTMENT OF PUBLIC HEALTH:
Aids
Chancroid
Chlamydial Infection (Genital)
Gonorrhea
Granuloma Inquinale
Herpes Neonatal
Lymphogranuloma Venereum
Ophthalmia Neonatorum
a. Gonoccal
b. Other Agents
Pelvic Inflammatory Disease
a. Gonoccal
b. Other Agents
Syphilis
ANY CLUSTER OF ILLNESSES BELIEVED TO BE DUE TO FOOD COMSUMPTION SHALL BE IMMEDIATELY REPORTED BY TELEPHONE TO THE LOCAL BOARD OF HEALTH (105 CMR 300.130).
ANY OUTBREAK OF SUSPECTED FOOD POISONING OR UNUSUAL INCIDENT OF DIARRHEA AND/OR FEBRILE ILLNESSES SHALL BE IMMEDIATELY REPORTED BY TELEPHONE TO THE MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH BY THE LOCAL BOARD OF HEALTH (105 CMR 300.130).
*DISEASES DECLARED BY THE DEPARTMENT OF PUBLIC HEALTH TO BE DANGEROUS TO THE PUBLIC HEALTH AND REPORTABLE UNDER THE AUTHORITY OF THE GENERAL LAWS, CHAPTER 111, SECTION 6. Revised June 11, 1985.
3. Physicians to Give Notice.
Section III, Chapter 111, General Laws – “If a physician knows that a person whom he visits is infected with a disease dangerous to the Public Health, or if either eye of an infant whom or whose mother, a physician, or a hospital medical officer registered under Section 9 of Chapter 112, visits, becomes inflamed, swollen and red, or shows an unnatural discharge within two weeks after birth, he shall immediately give written notice thereof, signed by him, to the Board of Health of the town where the patient is being attended by him.
4. When a householder knows that a person within his family or house is sick with a disease dangerous to the Public Health, he shall immediately give notice thereof to the Board of Health in the manner required by the Statute (General Laws Chapter 111, Section 109) provided, however, that in cases in which a physician has been called in, his notification will be accepted in place of the householder.
5. Period of Isolation in Certain Diseases.
Anterior Poliomyelitis (Infantile Paralysis) – one week from the onset of the disease and thereafter until acute symptoms have subsided.
Chicken Pox – one week from the appearance of the eruption.
Diptheria – until clinical recovery and thereafter until two successive negative cultures taken at least twenty-four hours apart, from both nose and throat, have been obtained.
Dog Bite – no restrictions.
German Measles – three days from appearance of rash.
Hepatitis Infectious – for duration of fever. For food handlers, a period of 28 days.
Lyme Disease – no restrictions.
Measles – one week from appearance of rash.
5. Period of Isolation in Certain Diseases (continued).
Mumps – one week from onset of disease.
Rabies – during course of disease.
Salmonellosis – same as Typhoid Fever.
Rocky Mountain Spotted Fever – no restrictions.
Scarlet Fever – one week from the appearance of the rash or two days after the beginning of adequate specific therapy which must be continued for seven additional days.
Small Pox – three weeks from onset of the disease and thereafter until all crusts have disappeared and skin has healed.
Tuberculosis – Patients with open tuberculosis should in most cases receive sanatorium treatment both for the benefit of the individual and the protection of his family. Those who remain in their homes shall observe all necessary precautions: approved methods of collection and disposal of the sputum, the sterilization of any articles of clothing and of toilet articles which may become contaminated by the sputum, the use of separate dishes and eating utensils and proper sterilization of the same. As soon as a diagnosis of Tuberculosis has been established, arrangements should be made for the examination, including an x-ray of the chest, of all members of the immediate family and of other persons with whom the patient has been in close contact. When a case is reported, the Public Health Nurse representing the Board of Health should visit the patient’s home. The nurse should make arrangements for the examination of contacts and, if necessary, provide transportation to the place where they are to be x-rayed. Thereafter, the nurse should make visits to the home at least once in six months to determine whether the patient has moved, whether the above-mentioned precautions are still being observed, or if the patient has moved to another town or state. The Board of Health and State Department of Public Health must be notified of the occurrence and supervise the follow-up of the patient and contacts involved with tuberculosis.
Typhoid Fever – one week after subsidence of clinical symptoms. Thereafter may be released on special permission of and under the supervision of the local Board of Health, supervision to continue until 3 consecutive negative stool and urine cultures, secured at intervals of at least one week apart, have been obtained. Release cultures should not be obtained until ten days after cessation of antibiotic treatment.
Typhoid Carrier – Supervision by local Board of Health until release
by the carrier list by the Department of Public Health.
6. Procedure in Other Diseases Dangerous to the Public Health.
A person sick with other diseases dangerous to the Public Health shall be subject to such restraint as the Board of Health may deem necessary for the protection of the Public.
7. The Board of Health may from time to time amend or abrogate
any of the above
regulations, if, in its opinion, the safety
of the Public requires such action.
CHAPTER II
Ipswich Board of Health
NUISANCES
1. Any person or persons owning, or having control of any building or premises shall keep the same in a sanitary condition, free from trash, debris, other refuse and other sources of filth, and any such person having control of any building or premises, in or upon which there is any substance or material or any condition, which is, or may become, a source of danger to the public health or a nuisance, shall when ordered by the Board of Health in writing, remove or abate the same within the time specified in said order.
2. Every owner or occupant of any building in this town shall keep such buildings and yard belonging thereto free from all filth and substances like offal, brine, bones, dead animals, old leather, decayed fruit and vegetables, or any clam shells or other rubbish that are liable to produce offensive odors.
3. No person shall deposit or cause to be deposited in any street, lot, lake or river, or other body of water in said town, any dead animal or part thereof. It shall be the duty of any owner or other person having charge of any animal at the time of its death to remove or cause to be removed the dead body of such animal within six hours after death, and properly buried, unless permission to do otherwise is given by said Board in writing.
4. No person shall keep any fowl or other animal in any part of a dwelling house, or in any place in the town where the Board of Health may deem such keeping detrimental to the health or comfort of the residents of the neighborhood, or to those who may pass thereby; and said Board shall have the power to remove or cause to be removed therefrom, any such fowl or animal so kept.
5. Owners and occupants of livery and other stables within the town, shall not wash or clean their carriages, equipment or horses, or cause them to be washed or cleaned, in the streets or public ways. They shall keep their and yards clean, and not allow large quantities of manure to accumulate in or near the same at any one time, and no manure shall be allowed to accumulate or remain uncovered outside of a stable building.
6. No waste incinerators will be allowed to operate in residential areas in the Town of Ipswich. This will include, but not be limited to, waste incinerators dealing with paper products, trash and debris, rubbish, garbage, minerals such as coal, and other waste material that when ignited will cause a nuisance or source of air pollution to the neighborhood. This regulation will apply to new construction only. All existing incinerators at the time of these regulations will be allowed to operate.
7. The owner of any dwelling, dwelling units, or buildings shall be
responsible for maintaining its premises free from all roosting birds that
may cause a potential health hazard or nuisance to the dwelling or the
neighboring areas adjacent to it. Methods of extermination may include
spraying, trapping, removing or making inaccessible materials that serve
as their food or breeding ground, screening roof gutters or other structural
elements that would discourage the roosting of birds or by any other legal
pest elimination method.
CHAPTER III
Ipswich Board of Health
FOOD REGULATIONS
1. Premises, vehicles, receptacles, utensils or ice chests used for the storage, sale distribution or transportation of food stuffs shall be maintained in a manner satisfactory to, and shall be open at all times for inspection by the Board of Health or its Agents.
2. No residential kitchens will be allowed to operate in the Town of Ipswich.
3. All food to be served by a Mobile Food Unit must be subject to approval by the Board of Health. No operator of a Mobile Food Server will be allowed to prepare food on a Mobile Food Server. All Mobile Food operators must have access to kitchen facilities that are approved and licensed by the Board of Health.
4. No person shall keep or store any foodstuffs intended for sale in any room used for living or sleeping purposes.
5. Storage and Disposal of Waste Products From Grease Traps
All food service establishments of the Town of Ipswich must have a separate
waterproof container with tight fitting lid for the waste products from
their grease traps. A grease reclamation service must be obtained
by each food service establishment to dispose of the grease in an appropriate
manner approved by the Ipswich Board of Health. Effective Date:
This regulation shall take effect on May 10, 1989.
CHAPTER IV
Ipswich Board of Health
HORSES, COWS, GOATS, SWINE & POULTRY
1. No person shall keep within the limits of this town, in any building, or on any premises of which may be the owner, leasee, tenant or occupant, any cows, goats or swine without a permit from the Board of Health.
2. The owner or person in control of any building or premises in which
cows, goats, horses, live fowl or swine are kept shall keep the buildings
and premises clean and free from decaying food, filth, dirt and stagnant.
The buildings and pens shall be kept in a sanitary condition and put in
such condition as may be ordered by the Board of Health.
CHAPTER V
Ipswich Board of Health
Individual Subsurface Sewage Disposal Systems
1. All new construction involving individual subsurface sewage disposal systems must meet the requirements of 310 CMR 15.00, the State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, and all other regulations approved by the Ipswich Board of Health under Chapter 111, Section 31 of the General Laws of the Commonwealth of Massachusetts.
2. A minimum distance of 100 lateral feet shall intervene between the leaching facility and any wetland as defined in 310 CMR 10.00, Wetlands Protection Act and the Ipswich Wetland Protection By-Law.
3. Septic System design flow shall be based on a flow rate of 150 gallons per day per bedroom for a design of 3 bedrooms or more. Any design for less than 3 bedrooms, the State Environmental Code, Title 5 shall apply.
4. An individual Subsurface Sewage Disposal System must be located entirely on the same lot as the dwelling or building that is being served by it. No part of the Disposal System, including building sewers, septic tanks, distribution boxes, or leaching areas may cross a lot line, right of way, unaccepted or accepted street, or easement.
5. Individual Subsurface Sewage Disposal Systems will not be allowed
to be located within 150 feet of the ACEC Area in the Town of Ipswich,
Massachusetts. The ACEC Area is defined as the “Parker River/Essex
Bay Area of Critical Environmental Concern” and shall include that portion
of the state-approved Parker River/Essex Bay ACEC identified in the publication
entitled Coastal Areas of Critical Environmental Concern prepared by the
Massachusetts Coastal Zone Management Office, revised August 1989, and
as further shown on a map entitled Parker River/Essex Bay, Area of Critical
Environmental Concern, scale 1”=1/4 mile, prepared by the Office of Coastal
Zone Management as an enlarged composite of four maps from the United States
Geological Service.
6. Disposal System Installer’s Examination
All new applicants for a Disposal System Installer’s Permit must pass
an examination on 310 CMR 15.00, the
State Environmental Code, Title 5. The exam will be given quarterly
throughout the year, once in February, May, August and November.
All applicants must have at least 2 years experience under a licensed septic
installer in Massachusetts or have a Disposal System Installer’s Permit
from another city or town in Massachusetts. Passing score of 75%
is required to be permitted. Renewal applicants may be required to
retake the exam at the discretion of the Health Agent.
CHAPTER VI
Percolation Testing and Deep Observation Holes
The percolation testing and deep observation hole season for the Town of Ipswich will be regulated by the Board of Health on a yearly basis. The Board of Health may make any regulations and any changes in testing schedule that they deem necessary to carry out the testing season. The current policy for the percolation testing and deep observation hold season is as follows:
New Construction
1. The season for both percolation tests and deep observation
holes for new construction
will be from March 1st to April 30th.
2. All applications must be received by the Health Office by February 16th. Those applications received by February 16th that could not be accommodated due to the volume of applications submitted will be put on a waiting list. Any applications received after February 16th will be put on a waiting list. If time permits and until the new construction has ended, the applicants will be accommodated in the order in which the applications were received.
3. The applications must be completed by a Professional Engineer or Registered Sanitarian only. All fees are due at the time of application, are non-refundable and are valid only for the season in which the application was submitted. The amount of the fee will depend upon the current approved fee schedule. This fee is to be paid for each lot or parcel tested.
4. A plot plan of each lot to be tested will be supplied
to the Health Agent by the
engineer prior to the test date.
5. Appointments will be made on a first-come, first-serve basis.
The soil evaluator must
call for a testing date after the application
and fee have been received in the Board of
Health office.
6. The lowest elapsed time of a percolation test will be decreased from the State standard of 30 minutes/inch to the Ipswich minimum of 20 minutes/inch drop.
7. Percolation tests and deep observation holes performed during the test period of any one year (March 1-April 30) will be valid until the end of the test period of the following year.
8. An extension of 8 months for the percolation tests and deep
observation holes data
may be granted by the Board of Health by submitting
a request in writing before the first year has expired.
9. The Board of Health reserves the right to adjust groundwater
elevation as it deems necessary.
Upgrades
1. Percolation tests and deep observation holes for upgrades will
be done throughout the
year.
2. The applications must be completed by a Professional Engineer
or Registered
Sanitarian only. All fees are due at
the time of application, are non-refundable and are
valid only for the season in which the application
is submitted. The amount of the fee
will depend upon the current approved fee
schedule. This fee is to be paid for each lot
or parcel tested.
3. A plot plan of each lot to be tested will be supplied to the Health Agent by the engineer/sanitarian prior to the test date.
4. Appointments will be made on a first-come, first-serve basis.
The soil evaluator must
call for a testing date after the application
and fee have been received in the Board of
Health office.
5. The lowest elapsed time of a percolation test will be decreased
from the State standard
of 30 minutes/inch to the Ipswich minimum
of 20 minutes/inch drop.
6. Percolation tests and deep observation holes will be valid for one year.
7. An extension of 8 months for the percolation tests and deep
observation holes may be
granted by the Board of Health by submitting
a request in writing before the first year
has expired.
8. The Board of Health reserves the right to adjust groundwater elevations
as it deems
necessary.
IPSWICH BOARD OF HEALTH
__________________________________
Kenneth Zinn, Chairman
__________________________________
Susan Hubbard
__________________________________
Carl Hiltunen
Adopted August 31, 1987
Amended July 10, 2000
Published July 20, 2000
Effective July 20, 2000
__________________________________
Town Clerk
CHAPTER VII
Ipswich Board of Health
GARBAGE RULES AND REGULATIONS
1. New multifamily dwellings, which contain more than the existing dwelling unit(s) and include a homeowner or condominium association, will have to obtain private trash removal. Dumpsters, compactors, or once-a-week trash removal will be required.
2. A conversion of any existing dwelling, already receiving Town trash pick-up, to a new multifamily under one ownership will be able to continue Town trash pick-up if there are two or less units. If there are three or more units, the private trash removal will be required.
3. If the new dwelling units are on their own lots (single family attached, or open space preservation bylaw), trash pick-up will be the responsibility of the Town if the roadway is accepted.
4. If the above (#3) situation occurs, but the roadway is private, the developers/owners will be responsible for private trash removal.
5. In the event a development does not fall into one of the above categories,
it can be assessed individually by the Board of Health, and other conditions
can be imposed.
CHAPTER VIII
Ipswich Board of Health
PRIVATE WELLS FOR PROPOSED DWELLINGS
All proposed wells for individual dwellings must be tested and approved
for drinking water quality. Samples of water shall be tested at a
laboratory certified by the Commonwealth of Massachusetts. As a minimum,
the following tests shall be conducted: total coliform bacteria,
nitrate-nitrogen, sodium, ph. A copy of results shall be filed with
the Board of Health before a permit from the Building Department will be
issued. (Adopted July 19, 1985)
PENALTIES
1. Any person who shall violate any provision of these Bylaws,
or any rule or regulation
made by the Board of Health of Ipswich under
authority herein granted, shall upon
conviction, be punished by a fine not less
than ten, nor more than five hundred
dollars. Each day’s failure to comply
with an order shall constitute a separate
violation.
Ipswich Board of Health
Kenneth Zinn, Chairman
Susan Hubbard
Carl Hiltunen
CHAPTER IX
Ipswich Board of Health
SCHEDULE OF FEES
Percolation & Deep observation hole testing –New Construction
$200
-Upgrade/Repair
$100
Percolation testing following an overnight soak $50
Disposal System Construction permit – New Construction, Upgrade, Repair
$200
Disposal System Construction Permit – Minor repair (distribution box,
tees)
$50
Second revision of disposal system plan and each revision thereafter $50
Septic re-inspection $25
Septic system installer permit-Original
$100
-Renewal
$50
Pump and Haul Septage permit $50
Installation Private Well $50
Food Service or Retail Food $100
Caterers $100
Mobile Food Units and Pushcarts $100
Temporary Food Service per event $15
Frozen Desserts $50
Public or Semi-public Pool $50
Recreational Camp for Children $50
Massage Practitioner $50
Massage Establishment $100
Temporary Massage Practitioner $10
Body Art Practitioner $50
Body Art Establishment $100
Tanning Facility $100
Tobacco $5
Funeral Director $60
Funeral Home Operation $25
Burial permit $0
Stables $40
Keeping pigs $15
Lodging Houses $50
Cabins, Motels, Mobile Homes, Trailer Parks $50
Certificate of Fitness $50
Housing Reinspection $25
Transporting garbage $50
Dumpster rental for commercial business (town exempt) $10/unit
Gas permit $30/fixture
Plumbing permit
$50 for first five fixtures
$10 for each additional fixture
The Plumbing or Gas inspector shall assess treble fees for all work
commencing without proper approval.
IPSWICH BOARD OF HEALTH
___________________________
Kenneth Zinn, Chairman
___________________________
Carl Hiltunen
___________________________
Susan Hubbard
A TRUE COPY
ATTEST
____________________________
Town Clerk
Published: September 20, 2001
Adopted: September 10, 2001
Effective: September 20, 2001
CHAPTER X
Ipswich Board of Health
SALE OF TOBACCO PRODUCTS TO MINORS
A. Declaration of Findings & Policy:
Whereas there exists conclusive evidence that tobacco smoke causes cancer,
respiratory
and cardiac diseases, negative birth outcomes, irritations to the eyes,
nose and throat and
whereas at least on-half of all smokers begin smoking before the age
of eighteen (18); and whereas an estimated three thousand (3,000) minors
begin smoking every day in the United States; and whereas nicotine in tobacco
has been found by the United States Surgeon General to be a powerfully
addictive drug; and whereas despite state laws prohibiting the sale of
tobacco products to minors, access by minors to tobacco products is a major
problem; and whereas a board of health regulation requiring proof of age
in order to purchase tobacco products is necessary in order to restrict
the access of minors to
tobacco products in the interest of public health; now, therefore
it is the policy of the
Ipswich Board of Health to discourage minors from experimenting with
tobacco and to
make tobacco products less accessible to minors.
B. Authority:
This regulation is promulgated under the authority granted to the Ipswich
Board of Health under Massachusetts General Laws Chapter 111, Section 31:
“Boards of Health
may make resonable health regulations.”
C. Definitions:
For the purpose of this regulation, the following words shall have the meanings respectively ascribed to them by this section:
Self Service Display: Any display of tobacco products which is so located such that said products are accessible to customers without assistance from an employee or store personnel.
Minor: Any individual who is under the age of eighteen (18).
Person: A person, employer, employee, retail store manager or
owner, or the owner or
operator of any establishment engaged in the sale of tobacco products.
Vending Machine: Any automated or mechanical, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product.
Tobacco Product: Cigarettes, cigars, chewing tobacco, pipe tobacco, snuff or tobacco in any of its forms.
Retail Tobacco Stores: A retail store whose primary business or one of its primary businesses includes the sale of tobacco products.
D. Sales to Minors Prohibited:
1. No person shall sell tobacco products or permit tobacco products
to be sold to a minor
or not being the minor’s parent or guardian,
give tobacco products to a minor.
2. No person shall sell or permit the sale of tobacco products
unless the location at which
the tobacco products are available for purchase
is posted with a notice which is
clearly visible to anyone purchasing such
products and which states: “Massachusetts
state law prohibits the sale of tobacco products
to any person under the age of eighteen
(18) years of age. See M.G.L. Ch. 270,
Sect. 6.” Said notice shall be that notice
provided by the Massachusetts Department of
Public Health and available from the
Ipswich Board of Health.
3. Identification: Each retailer shall verify, by means
of photographic identification
containing the bearer’s date of birth (including
but not limited to government
identification), that no person purchasing
the product is younger than eighteen (18)
years of age. No such verification is
required for any person over the age of 26.
E. Tobacco Sales Permit:
1. No person shall sell or otherwise distribute tobacco within
the town of Ipswich
without first obtaining a tobacco sales permit
issued by the Ipswich Board of Health.
2. As part of the application process, the applicant will be provided
with instructions on
compliance with M.G.L. Ch. 270 Section 6 (sales
of tobacco to minors and penalties
for violation thereof) and compliance with
the Ipswich Board of Health Regulations.
3. Each applicant is required to sign a statement declaring that
the applicant has read
said instructions and the the applicant is
responsible for instructing any and all
employees who will be responsible for tobacco
sales regarding the law.
4. The fee for a tobacco sales permit is five dollars ($5.00)
as determined by the Ipswich
Board of Health. All such permits shall
expire annually on December 31. Permits
may be renewed upon payment of the $5.00 fee.
5. A separate permit is needed for each location.
6. Each tobacco sales permit shall be displayed on the premises
in a conspicuous place.
F. Free Distribution:
No person or entity shall knowingly distribute or furnish without charge
or at less than full retail price, or cause to be furnished or distributed
without charge or at less than full
retail price for the purpose of commercial promotion, cigarettes or
any other tobacco
products, or coupons for cigarettes or other tobacco products, in any
public place or at any event open to the public, except in retail tobacco
stores.
G. Out-of-Package Sales Prohibited
It is unlawful to sell cigarettes out of the manufacturer’s package, which contains the required health warnings. Sale of distribution of cigarettes in any form other than an original factory wrapped package is prohibited.
H. Self-Service Displays:
All self-service displays of tobacco products are prohibited.
Exceptions include: self-service displays that are located in facilities
where the retailer ensures that no person younger than eighteen (18) years
of age is present, or permitted to enter, at any time; and self-service
displays of tobacco products, other than cigarettes, located in retail
tobacco
stores that are sold within plain view of an employee or are under
constant surveillance.
I. Tobacco Products Vending Machines:
Within ninety (90) days of the effective date of this regulation, no person shall distribute or sell tobacco products by the use of a vending machine unless:
1. The vending machine is located in facilities where the retailer
ensures that no person
younger than twenty-one (21) years of age
is present or permitted to enter at any time
and is located twenty (20) feet or more from
any entrance or exit.
2. Or, all vending machines allowed under this section shall
be equipped with a lock-out
device approved by the Ipswich Board of Health.
Said device shall lock out sales
unless an employee who has been instructed
regarding the law releases the locking
mechanism. The release mechanism must
not allow continuous operation of the
vending machine and must not be accessible
to customers. The vending machine shall
be posted with a sign stating that the machine
is equipped with a lock-out device and
identifying the individual to contact to purchase
tobacco products. The machine shall
be located in the direct line of the responsible
attendant.
3. All vending machines allowed under sections 1 and 2 shall
display a conspicuous sign
stating that it is illegal for minors to purchase
tobacco products.
J. Violations and Penalties:
1. Any person who violates the provisions of this regulation shall,
upon conviction be
subject to a fine of one hundred dollars ($100.00)
for the first offense, two hundred
dollars ($200.00) for the second offense and
three hundred dollars ($300.00) for the
third and each subsequent offense within a
twenty-four month period.
2. The Ipswich Board of Health may suspend a tobacco sales permit
granted pursuant to
this regulation upon determination that a
permit holder has committed three (3)
violations of this regulation within twenty-four
months, calculated from the date of
the first offense. The Ipswich Board
of Health shall provide notice of the intent to
suspend a tobacco sales permit, which notice
shall contain the reasons therefor and
establish a time and date for a hearing.
The permit holder shall have an opportunity
to be heard at such hearing and shall be notified
of the Board of Health’s decision,
and the reasons therefor in writing.
The Ipswich Board of Health, after a hearing,
may suspend the tobacco sales permit for a
period of time not exceeding thirty (30)
days. All tobacco products shall be
removed from the premises upon suspension or
revocation of the tobacco sales permit.
Failure to remove all tobacco products shall
constitute a separate violation of this regulation.
3. Upon conviction any permit holder who does not have an appeal
pending and does
not pay a fine within twenty-one (21) days
may be subject to the suspension of the
tobacco sales permit granted pursuant to this
regulation. The Ipswich Board of
Health shall provide notice of the intent
to suspend a tobacco sales permit, which
notice shall contain the reasons therefor
and establish a time and date for a hearing.
The permit holder shall have an opportunity
to be heard at such hearing and shall be
notified of the Board’s decision and the reasons
therefor, in writing. The Ipswich
Board of Health, after a hearing, may suspend
the tobacco sales permit until the fine is
paid. All tobacco products shall be
removed from the premises upon suspension or
revocation of the tobacco sales permit.
Failure to remove all tobacco products shall
constitute a separate violation of this regulation.
K. Enforcement:
As an alternative or in addition to initiating criminal proceedings,
violations of this regulation may be enforced by the Health Agent through
the use of non-criminal
disposition in the manner provided in M.G.L. Chap. 40, Sect. 21D and
Ipswich General
By-Laws Chapter XVII. Any fines imposed under the provisions
of this regulation shall
inure to the Town of Ipswich. Any permit holder who does not
have an appeal pending
and does not pay a fine within twenty-one (21) days may be subject
to the suspension of
the tobacco sales permit granted pursuant to this regulation.
L. Severability:
If any paragraph or provision of this regulation is found to be illegal
or against public
policy or unconstitutional, it shall not affect the legality of any
remaining section being in force.
Implementation of this regulation will occur on July 3, 1999.
CHAPTER XI
IPSWICH BOARD OF HEALTH
FLOOR DRAIN REGULATION
Section I. PURPOSE OF REGULATION
Whereas:
· floor drains in industrial and commercial facilities are often tied to a system leading to a leaching structure (e.g. dry well, cesspool, leach field) or a septic system; and
· poor management practices and accidental and/or intentional discharges may lead petroleum and other toxic or hazardous materials into these drainage systems in facilities managing these products; and
· improper maintenance or inappropriate use of these systems may allow the passage of contaminants or pollutants entering the drain to discharge from the leaching structure or septic system to the ground; and
· discharges of hazardous wastes and other pollutants to floor drains leading to leaching structures and septic systems have repeatedly threatened surface and ground water quality throughout Massachusetts; and
· surface and ground water resources in the Town of Ipswich contribute to the town’s drinking water supplies;
the Town of Ipswich Board of Health adopts the following regulation, under its authority as specified in Section II, as a preventative measure for the purpose of:
· preserving and protecting the Town of Ipswich’s drinking water resources from discharges of pollutants to the ground via floor drains, and minimizing the threat of economic losses to the Town due to such discharges.
Section II. SCOPE OF AUTHORITY
The Town of Ipswich Board of Health adopts the following regulation pursuant to authorization granted by M.G.L. c.111 s.31 and s.122. The regulation shall apply, as specified herein, to all applicable facilities, existing and new, within Interim Wellhead Protection Areas and designated Zone II areas of the Town of Ipswich as defined in Massachusetts Drinking Water Regulations, 310 CMR 22.02.
Section III. DEFINITIONS
For the purposes of this regulation, the following words and phrases shall have the following meanings:
Commercial or Industrial Facility: A public or private establishment where the principal use is the supply, sale, and/or manufacture of services, products, or information, including but not limited to: manufacturing, processing, or other industrial operations; service or retail establishments; printing or publishing establishments; research and development facilities; small or large quantity generators of hazardous waste; laboratories and hospitals.
Department: The Massachusetts Department of Environmental Protection.
Discharge: The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of toxic or hazardous material or waste upon or into any land or water so that such hazardous waste or any constituent thereof may enter the land or waters of the Commonwealth. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system.
Floor Drain: An intended drainage point on a floor constructed to be otherwise impervious which serves as the point of entry into any subsurface drainage, treatment, disposal, containment, or other plumbing system.
Leaching Structure: Any subsurface structure through which a fluid that is introduced will pass and enter the environment, including, but not limited to, drywells, leaching catch basins, cesspools, leach fields, and oil/water separators that are not water-tight.
Oil/Water Separator: A device designed and installed so as to separate and retain petroleum based oil or grease, flammable wastes as well as sand and particles from normal wastes while permitting normal sewage or liquid wastes to discharge into the drainage system by gravity. Other common names for such systems include MDC traps, gasoline and sand traps, grit and oil separators, grease traps, and interceptors.
Toxic or Hazardous Material: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Ipswich. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws (MGL) Chapter 21C and 21E or Massachusetts Hazardous Waste regulations (310 CMR 30.000), and also include such products as solvents, thinners, and pesticides in quantities greater than normal household use.
Use of Toxic or Hazardous Material: The handling, generation, treatment, storage, or management of toxic or hazardous materials.
Section IV. PROHIBITIONS
With the exception of discharges that have received (or have applied and will receive) a Department issued permit prior to the effective date of this regulation, no floor drain(s) shall be allowed to discharge, with or without pretreatment (such as an oil/water separator), to the ground, a leaching structure, or septic system in any industrial or commercial facility if such floor drain is located in either:
A. an industrial or commercial process area,
B. a petroleum, toxic, or hazardous materials and/or waste storage area.
Section V. REQUIREMENTS FOR EXISTING FACILITIES
A. The owner of a facility in operation prior to the effective date of this regulation with a prohibited (as defined under Section IV) floor drain system shall:
1. disconnect and plug all applicable inlets to and outlets from (where possible) applicable leaching structures, oil/water separators, and/or septic systems;
2. remove all existing sludge in oil/water separators, septic systems, and where accessible, leaching structures. Any sludge determined to be a hazardous waste shall be disposed of in accordance with state hazardous waste regulations (310 CMR 30.000). Remedial activity involving any excavation and/or soil or groundwater sampling must be performed in accordance with appropriate Department policies;
3. Alter the floor drain system so that the floor drain shall be either:
a. connected to a holding tank that meets all applicable requirements of Department policies and regulations, with hauling records submitted to the Town of Ipswich Board of Health at the time of hauling;
b. connected to a municipal sanitary sewer line, if available, with all applicable Department and local permits; or
c. permanently sealed.
B. Any oil/water separator remaining in use shall be monitored weekly, cleaned not less than every 90 days, and restored to proper conditions after cleaning so as to ensure proper functioning. Records of the hauling of the removed contents of the separator shall be submitted to the Board of Health at the time of hauling.
C. Compliance with all provisions of this regulation must be accomplished in a manner consistent with Massachusetts Plumbing, Building, and Fire code requirements.
D. Upon complying with one of the options listed under Section V.A.3., the owner/operator of the facility shall notify the Department of the closure of said system by filing with the Department’s UIC Notification Form (which may be obtained by calling 617-292-5770) with the Department, and sending a copy to the Ipswich Board of Health.
Section VI. EFFECTIVE DATES FOR ALL FACILITIES
The effective date of this regulation is the date posted on the last page of the regulation, which shall be identical to the date of adoption of the regulation.
A. Existing Facilities:
1. Owners/Operators of a facility affected by this regulation shall comply with all of its provisions within 120 days of the effective date of this regulation;
2. All applicable discharges to the leaching structures and septic systems shall be discontinued immediately through temporary isolation or sealing of the floor drain.
B. New Commercial or Industrial Facilities:
1. As of the effective date of the regulation, all new construction and/or applicable change of use within the Town of Ipswich shall comply with the provisions of this regulation.
2. Certification of conformance with the provisions of this regulation by the Board of Health shall be required prior to issuance of construction and occupancy permits.
3. The use of any new oil/water separator shall comply with the same requirements as for existing systems, as specified above in Section V.B.
Section VII. PENALTIES
Failure to comply with provisions of this regulation will result in the levy of fines of not less than $200.00, but no more than $1,000.00. Each day’s failure to comply with the provisions of this regulation shall constitute a separate violation.
Note: Effective 1992, under Chapter 111: Section 31 (violation of health regulation) maximum fines increased from $500 to $1,000 and Section 122 (violation of nuisance regulations) maximum fines increased from $100 to $1,000.
Section VIII. SEVERABILITY
Each provision of this regulation shall be construed as separate to
the end that, if any provision, or sentence, clause or phrase thereof,
shall be held invalid for any reason, the remainder of that section and
all other sections shall continue in full force and effect.
IPSWICH BOARD OF HEALTH
Kenneth Zinn, Chairman
Susan Hubbard
Carl Hiltunen
A TRUE COPY
ATTEST
Town Clerk
Published: February 22, 2001
Adopted: February 12, 2001
Effective: February 22, 2001
Chapter XII
Ipswich Board of Health
Regulations for Body Art Establishments and Practitioners
Section:
1. Purpose
2. Authority
3. Definitions
4. Exemptions
5. Restrictions
6. Operation of Body Art Establishments
7. Standards of Practice
8. Exposure Incident Report
9. Injury and/or Complication Reports
10. Complaints
11. Application for Body Art Establishment Permit
12. Application for Body Art Practitioner Permit
13. Grounds for Suspension, Denial, Revocation or Refusal to
Renew Permit
14. Procedure for Hearings
15. Severability
16. Fine for Violation
17. Non-criminal Disposition
18. Effective Date
1. Purpose
The purpose of this regulation is to provide minimum requirements to
be met by any person performing body art upon any individual and for any
establishment where body art is performed. These requirements shall
include, but not be limited to, general sanitation of premises wherein
body art is to be performed and sterilization of instruments. These
rules and regulations are necessary to protect the health, safety and welfare
of the public by preventing diseases.
2. Authority
These regulations are promulgated under the authority granted to the Board of Health under Massachusetts General Law 111, Section 31.
3. Definitions
Aftercare means written instructions given to the client, specific to the body art procedure(s) rendered, about caring for the body art and surrounding area, including information about when to seek medical treatment, if necessary.
Applicant means any person who applies to the Board of Health for either a body art establishment permit or practitioner permit.
Autoclave means an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.
Autoclaving means a process which results in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave for a minimum of thirty minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit.
Bloodborne Pathogens Standard means OSHA Guidelines contained in 20 CFR 1910.1030, entitled “Occupational Exposure to Bloodborne Pathogens.”
Board of Health or Board means the Board of Health that has jurisdiction in the community in which a body art establishment is located including the Board or officer having like powers and duties in towns where there is no Board of Health.
Body Art means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin, which procedures are prohibited.
Body Art Establishment or Establishment means a location, place, or business that has been granted a permit by the Board, whether public or private, where the practices of body art are performed, whether or not for profit.
Body Art Practitioner or Practitioner means a specifically identified individual who has been granted a permit by the Board to perform body art in an establishment that has been granted a permit by the Board.
Body Piercing means puncturing or penetrating the skin of a client with presterilized single-use needles and the insertion of presterilized jewelry or other adornment into the opening. This definition excludes piercing of the earlobe with a presterilized single-use stud-and-clasp system manufactured exclusively for ear-piercing.
Braiding means the cutting of strips of skin of a person, which strips are then to be intertwined with one another and placed onto such person so as to cause or allow the incised and interwoven strips of skin to heal in such intertwined condition.
Branding means inducing a pattern of scar tissue by use of a heated material (usually metal) to the skin, making a serious burn, which eventually becomes a scar.
Cleaning area means the area in a Body Art Establishment used in the sterilization, sanitation or other cleaning of instruments or other equipment used for the practice of body art.
Client means a member of the public who requests a body art procedure at a body art establishment.
Contaminated Waste means waste as defined in 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII and/or 29 Code of Federal Regulation part 1910.1030. This includes any liquid or semi-liquid blood or other potentially infectious material; contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed; items on which there is dried blood or other potentially infectious material and which are capable of releasing these materials during handling; sharps and any wastes containing blood or other potentially infectious materials.
Cosmetic Tattooing, also known as permanent cosmetics, micro pigment implantation or dermal pigmentation, means the implantation of permanent pigment around the eyes, lips and cheeks of the face and hair imitation.
Disinfectant means a product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).
Disinfection means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.
Ear piercing means the puncturing of the lobe of the ear with a presterilized single-use stud-and-clasp ear-piercing system following the manufacturer’s instructions.
Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a body art establishment.
Exposure means an event whereby there is an eye, mouth or other mucus membrane, non-intact skin or parenteral contact with the blood or bodily fluids of another person or contact of an eye, mouth or other mucous membrane, non-intact skin or parenteral contact with other potentially infectious matter.
Hand Sink means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body.
Hot water means water that attains and maintains a temperature 110º-130ºF.
Instruments Used for Body Art means hand pieces, needles, needle bars, and other instruments that may come in contact with a client’s body or may be exposed to bodily fluids during any body art procedure.
Invasive means entry into the client’s body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.
Jewelry means any ornament inserted into a newly pierced area, which must be made of surgical implant-grade stainless steel; solid 14k or 18k white or yellow gold, niobium, titanium or platinum; or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.
Light colored means a light reflectance value of 70 percent or greater.
Minor means any person under the age of eighteen (18) years.
Mobile Body Art Establishment means any trailer, truck, car, van, camper or other motorized or non-motorized vehicle, a shed, tent, movable structure, bar, home or other facility wherein, or concert, fair, party or other event whereat one desires to or actually does conduct body art procedures.
Operator means any person who individually, or jointly or severally with others, owns, or controls an establishment, but is not a body art practitioner.
Permit means Board approval in writing to either (1) operate a body art establishment or (2) as a body art practitioner within a body art establishment. Board approval shall be granted solely for the practice of body art pursuant to these regulations. Said permit is exclusive of the establishment’s compliance with other licensing or permitting requirements that may exist within the Board’s jurisdiction.
Person means an individual, any form of business or social organization or any other non-governmental legal entity, including but not limited to corporations, partnerships, limited-liability companies, associations, trusts or unincorporated organizations.
Physician means an individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to M.G.L.c. 112§ 2.
Procedure surface means any surface of an inanimate object that contacts the client’s unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area which may require sanitizing.
Sanitary means clean and free of agents of infection or disease.
Sanitize means the application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions.
Scarification means altering skin texture by cutting the skin and controlling the body’s healing process in order to produce wounds, which result in permanently raised wheals or bumps known as keloids.
Sharps means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades, and broken glass.
Sharps Container means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.
Single Use Items means products or items that are intended for one-time,one-person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves.
Sterilize means the use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.
Tattoo means the indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.
Tattooing means any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.
Temporary Body Art Establishment means the same as Mobile Body Art Establishment.
Three dimensional “3D” Body Art or Beading or Implantation means the form of body art consisting of or requiring the placement, injection or insertion of an object, device or other thing made of matters such as steel, titanium, rubber, latex, plastic, glass or other inert materials, beneath the surface of the skin of a person. This term does not include Body Piercing.
Ultrasonic Cleaning Unit means a unit approved by the Board, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.
Universal Precautions means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC), as “Guidelines for Prevention of Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) to Health-Care and Public-Safety Workers” in Morbidity and Mortality Weekly Report) (MMWR), June 23, 1989, Vol. 38 No. S-6, and as “Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures: in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV, and other blood pathogens. Precautions include hand washing; gloving; personal protective equipment; injury prevention; and proper handling and disposal of needles, other sharp instruments, and blood and body fluid-contaminated products.
4. Exemptions
(A) Physicians licensed in accordance with M.G.L. c. 112 § 2 who
perform body art
procedures as part of patient
treatment are exempt from these regulations.
(B) Individuals who pierce only the lobe of the ear with a presterilized
single-use stud-and-
clasp ear piercing system are
exempt from these regulations.
5. Restrictions
(A) No tattooing, piercing of genitalia, branding or scarification shall
be performed on a
person under the age of
18.
(B) Body piercing, other than piercing the genitalia, may be performed
on a person under the
age of 18 provided that the person is accompanied by a properly identified
parent, legal custodial parent or guardian who has signed a form consenting
to such procedure. Properly identified shall mean a valid photo identification
of the adult and a birth certificate of the minor.
(C) The following body piercings are
hereby prohibited: piercing of the uvula; piercing of
the traecheal area; piercing of the neck; piercing of the ankle; piercing
between the ribs
or vertebrae; piercing of web area of the hand or foot; piercing
of the lingual frenulum
(tongue web); piercing of the clitoris; any form of chest or deep muscle
piercings,
excluding the nipple; piercing of the anus; piercing of an eyelid,
whether top or bottom;
piercing of the gums; piercing or skewering of a testicle; so called
“deep” piercing of the
penis -meaning piercing through the shaft of the penis, or
“trans-penis” piercing in any
area from the corona glandis to the pubic bone; so called “deep” piercing
of the scrotum-
meaning piercing through the scrotum, or “transcrotal” piercing; so called
“deep”
piercing of the vagina and piercing of the vulva.
(D) The following practices hereby prohibited
unless performed by a medical doctor licensed
by the Commonwealth of Massachusetts: tongue splitting; braiding;
three dimensional
body art/beading/implementation; tooth filing/fracturing/removal/tattooing;
cartilage
modification; amputation; genital modification; introduction of saline
or other liquids.
6. Operation of Body Art Establishments
Unless otherwise ordered or approved
by the Board, each body art establishment shall be
constructed, operated and maintained
to meet the following minimum requirements:
(A) Physical Plant
(1)
Walls, floors, ceilings, and procedure surfaces shall be smooth, durable
free of open holes or cracks, light-colored, washable, and in good
repair. Walls, floors, and ceilings shall be maintained in a clean
condition. All procedure surfaces, including client chairs/benches,
shall be of such construction as to be easily cleaned and sanitized
after each client.
(2)
Solid partitions or walls extending from floor to ceiling shall
separate the establishment' s space from any other room used for
human habitation, any food establishment or room where food is
prepared, any hair salon, any retail sales, or any other such activity
that may cause potential contamination of work surfaces.
(3)
The establishment shall take all measures necessary to ensure
against the presence or breeding of insects, vermin, and rodents
within the establishment.
(4)
Each practitioner shall have a minimum of 45 square feet of
floor space. Each establishment shall have an area that may be screened
from public view for clients requesting privacy. Multiple body art stations
shall be separated by a dividers or partition at a minimum.
(5)
The establishment shall be well ventilated and provided with an
artificial light source equivalent to at least 20 foot candles 3 feet
off the floor, except that at least 100 foot candles shall be provided
at the level where the body art procedure is being performed, where
instruments and sharps are assembled and all cleaning areas.
(6)
All electrical outlets in practitioner areas and cleaning areas shall be
equipped with approved ground fault (GFCI) protected receptacles.
(7)
A separate, readily accessible hand sink with hot and cold running
water under pressure, preferably equipped with wrist or foot-operated
controls and supplied with liquid soap, and disposable paper towels stored
in fixed dispensers shall be readily accessible within the establishment.
Each
practitioner shall have a hand sink.
(8) There shall be a sharps container in each practitioner area and each cleaning area.
(9) There shall be a minimum of one toilet room containing a toilet
and sink. The toilet
room shall be provided with toilet paper, liquid hand soap and paper
towels stored in a fixed dispenser.
(10)
At least one covered, foot operated waste receptacle shall be provided
in each
practitioner area and each toilet room. Receptacles in the practitioner
area shall be
emptied daily. Solid waste shall be stored in covered, leakproof, rodent-resistant
containers and shall be removed from the premises at least weekly.
(11)
At least one janitorial sink shall be provided in each body art establishment
for use
in cleaning the establishment and proper disposal of non-contaminated
liquid wastes in accordance with all applicable Federal, state and local
laws. Said sink shall be of
adequate size equipped with hot and cold running water under pressure and
permit
the cleaning of the establishment and any equipment used for cleaning.
(12)
All instruments and supplies shall be stored in clean, dry, and covered
containers.
Containers shall be kept in a secure area specifically dedicated to the
storage of all
instruments and supplies.
(13) The establishment shall have a cleaning area. Every
cleaning area shall have an
area for the placement of an autoclave or other sterilization unit
located or positioned a minimum of 36 inches from the required ultrasonic
cleaning unit.
(14) Every cleaning area shall have an instrument sink used exclusively
for the cleaning
of instruments. Every instrument sink shall be of adequate size and
equipped with
hot and cold running water under pressure so as to permit the cleaning
of
instruments used in body art activity.
(15) The establishment shall have a customer waiting area, exclusive
and separate from
any workstation, instrument storage area, cleaning area or any
other area in the body art establishment used for body art activity.
(16)
No animals of any kind shall be allowed. in a body art establishment except
service
animals used by persons with disabilities (e.g., Seeing Eye dogs).
Fish aquariums
shall be allowed in waiting rooms and nonprocedural areas.
(16) Smoking, eating, or drinking is prohibited in the area where body
art is performed,
with the exception of non-alcoholic fluids being offered to a client
during or after
a body art procedure.
(B) Requirements for Single Use Items Including Inks, Dyes and Pigments
(1) Single-use items shall not be used on more than one client for any
reason. After
use, all single-use sharps
shall be immediately disposed of in approved sharps
containers pursuant to 105
CMR 480.000.
(2) All products applied to the skin, such as but not limited to body
art stencils,
applicators, gauze and razors,
shall be single use and disposable.
(3) Hollow bore needles or needles with a cannula shall not be reused.
(4) All inks, dyes, pigments, solid core needles,
and equipment shall be specifically
manufactured for performing body art procedures and shall be used according
to
manufacturer's instructions.
(5) Inks, dyes or pigments may be mixed and may
only be diluted with water from an
approved potable source. Immediately before a tattoo is applied,
the quantity of
the dye to be used shall be transferred from the dye bottle and placed
into single-
use paper cups or plastic cups. Upon completion of the tattoo, these
single-use
cups or caps and their contents shall be discarded.
(C) Sanitation and Sterilization Measures and Procedures
(1)
All non-disposable instruments used for body art, including all reusable
solid core
needles, pins and stylets, shall be cleaned thoroughly after each use by
scrubbing
with an appropriate soap or disinfectant solution and hot water, (to remove
blood
and tissue residue), and shall be placed in an utrasonic unit sold for
cleaning
purposes under approval of the U.S. Food and Drug Administration
and operated in
accordance with manufacturer's instructions.
(3) After being cleaned, all non-disposable instruments used for body
art shall be
packed individually in sterilizer packs and subsequently sterilized in
a steam
autoclave sold for medical sterilization under approval of the U.S. Food
and Drug
Administration. All sterilizer packs shall contain either a sterilizer
indicator or
internal temperature indicator. Sterilizer packs must be dated with
an expiration
date not to exceed six (6) months.
(3) The autoclave shall be used, cleaned, and maintained
according to manufacturer's
instruction. A copy of the manufacturer's recommended procedures for the
operation of the autoclave must be available for inspection
by the Board.
Autoclaves shall be located away from workstations or areas frequented
by the
public.
(4) Each holder of a permit to operate a body art establishment shall
demonstrate that
the autoclave used is capable
of attaining sterilization by monthly spore destruction
tests. These tests
shall be verified through an independent laboratory. The permit
shall not be issued or renewed
until documentation of the autoclave's ability to
destroy spores is received
by the Board. These test records shall be retained by the
operator for a period of
three (3) years and made available to the Board upon
request.
(5) All instruments used for body art procedures shall remain stored
in sterile packages
until just prior to the performance of a body art procedure. After
sterilization, the instruments used in body art procedures shall be stored
in a dry, clean cabinet or other tightly covered container
reserved for the storage of such instruments.
(6) Sterile instruments may not be used if the package has
been breached or after the
expiration date without first repackaging and resterilizing.
(7) If the body art establishment uses only sterile single-use,
disposable instruments
and products, and uses sterile
supplies, an autoclave shall not be required.
(8) When assembling instruments used for body art procedures,
the practitioner shall
wear sterile disposable
medical gloves and use medically recognized sterile
techniques to ensure that
the instruments and gloves are not contaminated.
(9) Reusable cloth items shall be mechanically washed with
detergent and
mechanically dried after
each use. The cloth items shall be stored in a dry, clean
environment until used.
Should such items become contaminated directly or
indirectly with bodily fluids,
the items shall be washed in accordance with standards
applicable to hospitals
and medical care facilities, at a temperature of 160ºF or a
temperature of 120ºF
with the use of chlorine disinfectant.
(D) Posting Requirements
The following shall be prominently displayed:
(1) A Disclosure Statement, a model of which shall be available
from the Board. A Disclosure
Statement shall also be
given to each client, advising him/her of the risks and possible
consequences of body art
procedures.
(2) The name, address and phone number of the Board of Health.
(3) An Emergency Plan, including:
(a) a plan for the purpose of contacting police, fire or emergency
medical services in the
(b) event of an emergency;
(c) a telephone in good working order shall be easily available and
accessible to all
(d) employees and clients during all hours of operation; and
(c) a sign at or adjacent to the
telephone indicating the correct emergency telephone numbers.
(4) An occupancy and use permit as issued by the local building official.
(5) A current establishment permit.
(6) Each practitioner's permit.
(E) Establishment Recordkeeping
The establishment shall maintain the following records in a secure place for a minimum of three (3) years, and such records shall be made available to the Board upon request:
(1) Establishment information, which shall include:
(a) establishment name;
(b) hours of operation;
(c) owner's name and address;
(d) a complete description
of all body art procedures performed;
(e) an inventory of all
instruments and body jewelry, all sharps,
and all inks used for any and all body art procedures, including
names of manufacturers and serial or lot numbers, if applicable.
invoices or packing slips shall satisfy this requirement;
(f) Material Safety
Data Sheet, when available, for each ink and
dye used by the establishment;
(g) copies of waste
hauler manifests
(h) copies of commercial
biological monitoring tests
(I ) Exposure Incident
Report (kept permanently)
(j) a copy of
these regulations.
(2) Employee information, which shall include:
(a) full legal names and
exact duties;
(b) date of birth;
(c) home address;
(d) home /work phone numbers;
(e) identification photograph;
(f) dates of employment;
(g) Proof that all practitioners
have either completed or were offered and declined, in
writing, the hepatitis B vaccination series.
(h) training records
(3) Client Information, which shall include:
(a) name;
(b) age and valid photo
identification
(c) address of the client;
(d) date of the procedure;
(e) name of the practitioner
who performed the procedure(s);
(f) description of procedure(s)
performed and the location on the body;
(g) a signed consent form
as specified by 7(D )(2); and,
(h) if the client is a person
under the age of 18, proof of parental or guardian identification,
presence and consent including a copy of the photographic identification
of the parent or
guardian.
Client information shall be kept confidential at all times.
(4) Exposure Control Plan
(a) Each establishment shall create, update, and comply with an Exposure
Control Plan. The
plan shall be submitted to the Board
for review so as to meet all of the requirements of
OSHA regulations, to include, but not
limited to, 29 Code of Federal Regulation
1910.1030 OSHA Bloodborne Pathogens
Standards et seq, as amended from time
to time. A copy of the Plan shall
be maintained at the Body Art Establishment at all times
and shall be made available to the Board
upon request.
(F) No person shall establish or operate
a Mobile or Temporary Body Art Establishment.
7. Standards of Practice
Practitioners are required to comply with the following minimum health standards:
(A ) A practitioner shall perform
all body art procedures in accordance with
Universal Precautions set forth by the U.S Centers for Disease Control
and
Prevention.
(B) A practitioner shall
refuse service to any person who may be under the
influence of alcohol or drugs.
(C) Practitioners who use
ear-piercing systems must conform to the
manufacturers directions for use, and to applicable U.S. Food and Drug
Administration requirements. No practitioner shall use an ear piercing
system on any part of the client' s body other than the lobe of the ear.
(D) Health History and Client Informed
Consent. Prior to performing a body
art procedure on a client, the practitioner shall:
(1) Inform the
client, verbally and in writing that the following health conditions
may increase health risks associated with receiving a body art procedure:
(a) history of diabetes;
(b) history of hemophilia (bleeding);
(c) history of skin diseases, skin lesions, or skin sensitivities
to soaps,
disinfectants etc;
(d) history of allergies or adverse reactions to pigments, dyes,
or other sensitivities;
(e) history of epilepsy, seizures, fainting, or narcolepsy;
(f) use of medications such as anticoagulants, which thin the
blood
and/or interfere with blood clotting; and
(g) any other conditions such as hepatitis or HIV.
(2) Require that the
client sign a form confirming that the above
information was provided, that the client does not have a condition
that prevents them from receiving body art, that the client consents
to the performance of the body art procedure and that the client has
been given the aftercare instructions as required by section 7(K).
(E) A practitioner
shall maintain the highest degree of personal cleanliness,
conform to best standard hygienic practices, and wear clean clothes when
performing body art procedures. Before performing body art procedures,
the practitioner must thoroughly wash their hands in hot running water
with liquid soap, then rinse hands and dry with disposable paper towels.
This shall be done as often as necessary to remove contaminants.
(F) In performing body art
procedures, a practitioner shall wear disposable
single-use gloves. Gloves shall be changed if they become pierced, torn,
or otherwise contaminated by contact with any unclean surfaces or objects
or by contact with a third person. The gloves shall be discarded, at a
minimum, after the completion of each procedure on an individual client,
and hands shall be washed in accordance with section (E) before the next
set of gloves is put on. Under no circumstances shall a single pair of
gloves be used on more than one person. The use of disposable single-use
gloves does not preclude or substitute for handwashing procedures as part
of a good personal hygiene program.
(G) The skin of the practitioner
shall be free of rash or infection. No
practitioner affected with boils, infected wounds, open sores, abrasions,
weeping dermatological lesions or acute respiratory infection shall work
in
any area of a body art establishment in any capacity in which there is
a
likelihood that that person could contaminate body art equipment,
supplies, or working surfaces with body substances or pathogenic
organisms.
(H) Any item or instrument
used for body art that is contaminated during the
procedure shall be discarded and replaced immediately with a new
disposable item or a new sterilized instrument or item before the procedure
resumes.
(I) Preparation
and care of a client's skin area must comply with the
following :
(1) Any skin or mucosa surface to receive a body art
procedure shall
be free of rash or any visible infection.
(2) Before a body art procedure is performed, the immediate
skin area
and the areas of skin surrounding where body art procedure is to be
placed shall be washed with soap and water or an approved
surgical skin preparation. If shaving is necessary, single-use
disposable razors or safety razors with single-service blades shall
be used. Blades shall be discarded after each use, and reusable
holders shall be cleaned and autoclaved after use. Following
shaving, the skin and surrounding area shall be washed with soap
and water. The washing pad shall be discarded after a single use.
(3) In the event of bleeding, all products used to stop
the bleeding or to
absorb blood shall be single use, and discarded immediately after
use in appropriate covered containers, and disposed of in
accordance with 105 CMR 480.000.
(J)
Petroleum jellies, soaps, and other products used in the application of
stencils shall be dispensed and applied on the area to receive a body art
procedure with sterile gauze or other sterile applicator to prevent
contamination of the original container and its contents. The applicator
or
gauze shall be used once and then discarded.
(K) The
practitioner shall provide each client with verbal and written
instructions on the aftercare of the body art site. The written instructions
shall advise the client:
(1) on the proper cleansing of the area which received
the body art;
(2) to consult a health care provider for:
(a) unexpected redness, tenderness or swelling at the site of the
body art procedure;
(b) any rash;
(c) unexpected drainage at or from the site of the body art
procedure; or
(d) a fever within 24 hours of the body art procedure; and
(3) of the address, and phone number of the establishment.
A copy shall be provided to the client. A model set of aftercare
instructions shall be made available by the Board.
(L)
Contaminated waste shall be stored, treated and disposed in accordance
with 105 CMR 480.000: Storage and Disposal of Infectious or Physically
Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII.
8. Exposure Incident Report
An Exposure Incident Report shall be completed by the close of the business
day
during which an exposure has or might have taken place by the involved
or
knowledgeable body art practitioner for every exposure incident occurring
in the
conduct of any body art activity.
Each Exposure Incident Report shall contain:
(1) A copy of the application and consent form for body art activity
completed by
any client or minor client involved
in the exposure incident;
(2) A full description of the exposure incident, including the portion
of the body
involved therein;
(3) Instrument(s) or other equipment implicated;
(4) Date and time of exposure; and
(5) Information regarding any recommendation to refer to a physician
or waiver to
consult a physician by persons involved.
9. Injury and/or Complication Reports
A written report of any injury, infection complication or disease as
a result of a body art
procedure, or complaint of injury, infection complication or disease,
shall be forwarded
by the operator to the Board which issued the permit, with a copy to
the injured client
within five working days of its occurrence or knowledge thereof. The
report shall
include :
(A) the name of the affected client;
(B) the name and location of the body art establishment
involved;
(C) the nature of the injury, infection complication
or disease;
(D) the name and address of the affected client's
health care provider, if any;
(E) any other information considered relevant to
the situation.
10. Complaints
(A) The Board shall investigate complaints received about
an establishment or
practitioner's practices
or acts, which may violate any provision of the
Board's regulations.
(B If the Board finds that an investigation
is not required because the alleged
act or practice is
not in violation of the Board's regulations, then the Board
shall notify the complainant
of this finding and the reasons on which it is
based.
(C) If the Board finds that an investigation is required,
because the alleged act
or practice may be
in violation of the Board's regulations, the Board shall
investigate and if
a finding is made that the act or practice is in violation of
the Board's regulations,
then the Board shall apply whatever enforcement
action is appropriate
to remedy the situation and shall notify the
complainant of its
action in this manner.
11. Application for Body Art Establishment Permit
(A) No person may operate a body art establishment except
with a valid permit
from the Board.
(B) Applications for a permit shall be made on forms
prescribed by and
available from the
Board. An applicant shall submit all information
required by the form
and accompanying instructions. The term
"application" as used
herein shall include the original and renewal
applications.
(C) An establishment permit shall be valid from the date
of issuance and for
no longer than one
year unless revoked sooner by the Board.
(D) The Board shall require that the applicant provide,
at a minimum, the
following information
in order to be issued an establishment permit:
(1) Name, address,
and telephone number of:
(a) the body art establishment;
(b) the operator of the establishment; and
(c) the body art practitioner(s) working at the
establishment;
(2) The manufacturer,
model number, model year, and serial number,
where applicable, of the autoclave used in the establishment;
(3) A signed
and dated acknowledgement that the applicant has
received, read and understood the requirements of the Board's
body art regulations;
(4) A drawing
of the floor plan of the proposed establishment to scale
for a plan review by the Board, as part of the permit application
process; and,
(5) Exposure Control Plan
(6) Such additional information as the Board may reasonably require.
(E) Annual fee for the Body Art Establishment Permit shall be
determined by the current
approved fee schedule.
(F) A permit for a body art establishment shall not be transferable
from one place or person to
another.
(G) The Board or its agent shall conduct one or more preoperational
inspections to verify that the
establishment is constructed
and equipped in accordance with the approved plans and has
established standard operating
procedures in compliance with this regulation.
12. Application for Body Art Practitioner Permit
(A) No person shall practice body art or perform any body
art procedure without first
obtaining a practitioner
permit from the Board.
(B) Annual fee for Body Art Practitioners permit shall be
determined by the current
approved fee schedule.
(C) A practitioner shall be a minimum of 18 years of age.
(D) A practitioner permit shall be valid from the date of
issuance and for no longer than
one year unless revoked
sooner by the Board.
(E) Application for a practitioner permit shall include:
(1) name;
(2) date of
birth;
(3) residence
address;
(4) mailing
address;
(5) phone number;
place(s) of employment as a practitioner; and
(7) training
and/or experience as set out in (F) below.
(F) Practitioner Training and Experience
(1) In reviewing
an application for a practitioner permit, the Board
may consider experience, training and/or certification acquired in
other states that regulate body art.
(2) Training
for all practitioners shall be approved by the Board and, at
a minimum, shall include the following:
(a) bloodborne pathogen training program (or equivalent)
which includes infectious disease control; waste disposal;
handwashing techniques; sterilization equipment operation
and methods; and sanitization, disinfection and sterilization
methods and techniques; and
(b) Current certification in First Aid and cardiopulmonary resuscitation (CPR).
Examples of courses approved by the Board include "Preventing
Disease Transmission" (American Red Cross) and "Bloodborne
Pathogen Training" (U.S. OSHA). Training/courses provided by
professional body art organizations or associations or by equipment
manufacturers may also be submitted to the Board for approval.
(3) The applicant for
a body piercing practitioner permit shall provide
documentation, acceptable to the Board, that s/he completed a
course on anatomy, completed an examination on anatomy, or
possesses an equivalent combination of training and experience
deemed acceptable to the Board.
(4) The applicant for
a tattoo, branding or scarification practitioner permit
shall provide documentation, acceptable to the Board, that s/he completed
a course on skin diseases, disorders and conditions, including diabetes,
or
completed an examination on skin diseases, disorders and conditions,
including diabetes, or possesses a combination of training and experience
deemed acceptable to the Board.
(G) A practitioner's
permit shall be conditioned upon continued compliance
with all applicable provisions of these regulations.
13. Grounds for Suspension, Denial, Revocation or Refusal to Renew Permit
(A) The Board may suspend a permit, deny a permit, revoke a permit
or
refuse to renew a permit
on the following grounds, each of which, in and
of itself, shall constitute
full and adequate grounds for suspension, denial,
revocation or refusal to
renew:
(1) any actions
which would indicate that the health or safety of the
public would be at risk;
(2) fraud, deceit or misrepresentation in obtaining a permit, or its renewal ;
(3) criminal
conduct which the Board determines to be of such a
nature as to render the establishment, practitioner or applicant unfit
to practice body art as evidenced by criminal proceedings resulting
in a conviction, guilty plea, or plea of nolo contendere or an
admission of sufficient facts;
(4) any present
or past violation of the Board's regulations governing
the practice of body art;
(5) practicing
body art while the ability to practice is impaired by
alcohol, drugs, physical disability or mental instability;
(6) being habitually
drunk or being dependent on, or a habitual user of
narcotics, barbiturates, amphetamines, hallucinogens, or other
drugs having similar effects;
(7) knowingly
permitting, aiding or abetting an unauthorized person
to perform activities requiring a permit;
(8) continuing
to practice while his/her permit is lapsed, suspended, or
revoked; and
(9) having been
disciplined in another jurisdiction in any way by the
proper permitting authority for reasons substantially the same as
those set forth in the Board's regulations.
(10) other just and sufficient
cause which the Board may determine
would render the establishment, practitioner or applicant unfit to
practice body art;
(C) The Board shall notify an applicant, establishment or practitioner in writing of any violation of the Board's regulations, for which the Board intends to suspend, deny, revoke, or refuse to renew a permit. The applicant, establishment or practitioner shall have seven (7) days after receipt of such written notice in which to comply with the Board's regulations. The Board may suspend, eny, revoke or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after said seven (7) days subject to the procedure outlined in Section 14.
(D) Applicants denied a permit may reapply
at any time after denial.
14. Procedure for hearings
The owner of the establishment
or practitioner shall be given written notice of the Board’s
intent to hold a hearing for the
purpose of suspension, revocation, denial or refusal to renew a
permit. This written notice
shall be served through a certified letter sent return receipt
requested or by constable.
The notice shall include the date, time and place of the hearing
and the owner of the establishment
or practitioner’s right to be heard. The Board shall hold
the hearing no later than 21 days
from the date the written notice is received.
In the case of a suspension of
a permit as noted in Section 13, a hearing shall be scheduled no
later than 21 days from the date
of the suspension.
15. Severability
If any provision contained in the model regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions.
16. Fine for Violation
The fine for a violation of any provision of these Rules and Regulations shall be $100.00 per offense. Each day that a violation continues shall be deemed to be a separate offense.
17. Non-criminal Disposition
In accordance with MGL chapter 40, section 21D and Town of Ipswich By-Laws,
whoever violates any provision of these Rules and Regulations may be penalized
by non-criminal disposition.
18. Effective Date
These rules and regulations shall be effective as of ___________________________.
Ipswich Board of Health
____________________________________
Kenneth Zinn
____________________________________
Carl Hiltunen
____________________________________
Susan Hubbard
A True Copy Attest
_____________________________________
Town Clerk
Hearing notice published April 19, 2001 and May 3, 2001
Regulation Adopted May 7, 2001
Regulation Published and Effective May 17, 2001
CHAPTER XIII
IPSWICH BOARD OF HEALTH
REGULATION OF MASSAGE THERAPY/BODY WORK/MOVEMENT EDUCATION
I. PURPOSE
The
Ipswich Board of Health finds it necessary to license the practice of massage
therapy/body work/movement education in order to protect the public health
and
safety. It is the Board’s intent that only individuals who meet and
maintain
minimum standards of competence and conduct may provide services to the
public.
II. SCOPE OF AUTHORITY
The Town of Ipswich Board of Health adopts the following pursuant to authorization granted by Chapter 111, Section 31 and Chapter 140, Sections 51 and 53 of Massachusetts General Laws.
III. DEFINITIONS
Massage
therapy/body work/movement education shall mean the act or technique
of moving or manipulating superficial or deep tissues, muscles, joints,
or bones by
rubbing, kneading, guiding or the like by manual, mechanical, or verbally
directive
means for the purpose of invigoration, relaxation, education, or an
increase in the person’s physical and/or emotional health and well being.
The
term massage therapy/body work/movement education may include but is not
limited to: Body-Oriented Psychotherapy: Feldenkrais Method;
Massage
Therapy; Neuromuscular Therapy: Oriental Bodywork Therapies including:
Acupressure, Amma, Anma, Chi nei tsang, Jin shin do, Okazaki Restorative
Massage, Nuat thai, Shiatsu and Tuina; Polarity Therapy; Rolfing; TRAGER
Approach and Reiki;- Hereinafter the term massage therapy shall include
the
terms massage therapy/body work/movement education.
Establishment shall mean the room or group of rooms, office, building, place of business, or premises where massage therapy is practiced.
Off-premises Massage Therapy shall mean any person, firm, association, partnership, corporation or combination of persons who provide or permit to be provided massage therapy at a location other than an establishment, which has been licensed or which should be licensed under this regulation, including but not limited to private homes, businesses and sports events.
Professional practitioner shall mean any person submitting satisfactory evidence of having completed a minimum 500 hour course of study in massage therapy which meets the standards of a state or national professional association or institution who for compensation, hire or reward engages in the practice of massage therapy.
Student/apprentice practitioner shall mean any person having accumulated fewer than 500 hours in his/her course of study in massage therapy gaining practical experience in massage therapy inside of a training facility or school and under the supervision of a licensed practitioner, for the purpose of meeting curriculum requirements and/or for compensation, hire or reward.
Training
facility or school shall mean any premise or facility used to train
individuals to become professional practitioners of massage therapy.
Course
of Study shall mean study in massage therapy taking place in
one or any combination of the following: a class setting, a one-on-one
student/instructor setting or a direct supervision setting with a supervisor
present
for observation of work. A 500 hour course of study shall include
but not be
limited to the subjects of technique, anatomy and physiology, practicum,
communication skills, business practices, practitioner/client boundaries,
and
ethics.
IV. LICENSES, PERMITS AND FEES
1) No person shall practice
as a professional practitioner of massage therapy
for hire or reward or advertise or hold
him/herself as being engaged in the
business of massage therapy in the Town
of Ipswich without receiving licenses
from the Ipswich Board of Health.
2) No person shall operate an establishment for the practice of massage
therapy
unless first having been issued a license required pursuant to these
regulations.
3) The annual fee for each practitioner and establishment shall be determined by the current Board of Health Fee Schedule.
4) A license issued to an establishment or a permit or license issued
to a
professional practitioner
is not transferable to another location or person. All
licenses expire on December
31st following the date of issue.
5) A temporary license shall be required for
any massage practitioner whether
previously licensed by this
or any other city or town in Massachusetts or a city or
town in another state, while
engaged in the practice of massage therapy for hire in
the Town of Ipswich on a
temporary basis. This shall include but shall not be
limited to sports events
and massage therapy training events. The temporary
license fee shall be $10.00
and shall be valid for 10 consecutive calendar
days. No establishment license
shall be required for the setting of said event.
V. EXCEPTIONS AND EXCLUSIONS
1) Individual: These regulations shall not apply to
the following individuals while
engaged in the regular performance of their respective professions:
A. Physicians, chiropractors, osteopaths, or physical therapists
who are duly
licensed to practice their respective
professions in the Commonwealth
of Massachusetts.
B. Athletic trainers duly licensed under the laws of the Commonwealth
of
Massachusetts.
C. Nurses who are registered or licensed under the laws of the Commonwealth
of Massachusetts.
D. Barbers and beauticians who are duly registered under the laws of
the Commonwealth of Massachusetts except that this exemption shall apply
solely to the massage of the neck, face, scalp, and hair of the customer
or client for cosmetic or beautifying purposes.
E. An acupuncturist duly licensed under the laws of the Commonwealth
of Massachusetts.
F. Teachers of the Alexander Technique.
2) Establishments: These regulations shall not apply to
hospitals, nursing homes,
convalescent homes, home
health agencies or other similarly licensed institutions
by the Commonwealth of Massachusetts.
Massage therapy practitioners working
in such institutions within
the Town are required to have a license or permit as
provided herein unless excluded
under Section V(1).
3) A licensed professional practitioner with a permit conducting
solely off -premises
massage therapy shall not
be required to obtain an establishment license.
4) A student or apprentice of massage therapy who is gaining
practical experience at
a training facility or school for the purpose of meeting curriculum requirements
and who is under the direct
supervision of a licensed professional practitioner
present in the training
facility or school shall not be required to obtain a
student/apprentice practitioner
permit.
VI. PROFESSIONAL PRACTITIONER – APPLICATION AND RENEWAL PROCEDURE
No person shall be licensed to practice as a professional practitioner of massage therapy in the Town of Ipswich unless they meet the following requirements:
1) Submit to the Ipswich Board of Health a completed application form as supplied by the Board of Health. False statements in said application shall be grounds for denial or revocation of license.
2) Submit permit fee as determined by the current Board of Health fee schedule.
3) Submit a diploma or certificate and a transcript from a school licensed and accredited by MA Dept. of Education or its resident state dept. of education showing the completion of a minimum of 500 hour course of study in massage therapy.
4) Submit satisfactory evidence of having completed a course of study in massage therapy which meets the standards of a state or national professional association or institute (e.g. Massachusetts Association of Body Oriented Psychotherapists and Counseling Bodyworkers, American Massage Therapy Association, American Oriental Bodywork Therapy Association, American Polarity Therapy Association , Feldenkrais Guild, Massachusetts Professional Bodyworkers Association, Rolf Institute, Trager Institute, etc.) and having passed a National Certification Exam.
5) Provide satisfactory evidence that the applicant is eighteen (18) years of age or older, by presenting two forms of positive identification or a valid passport.
6) Submit a two (2) inch by two (2) inch full-face photograph taken
within thirty
(30) days prior to the submission of the application.
7) Agree to follow all rules and regulations specified herein and conduct themselves in accordance with the standards for practice and ethical guidelines of the professional associations and institutes named herein. Professional Practitioners shall not misrepresent their training, experience, credentials or title.
8) Submit proof of a skin test for tuberculosis within last 2 years. A new skin test for tuberculosis must be performed every 2 years thereafter.
9) File an application for renewal not less than 30 days prior to the expiration of their licenses, whereupon their existing license shall not expire until the Ipswich Board of Health has determined the applicant’s renewal status.
VII. MASSAGE THERAPY ESTABLISHMENT APPLICATION AND RENEWAL PROCEDURE
A. Every operator of an establishment
for the giving of massage therapy shall
meet the following requirements:
1) Submit to the Ipswich Board of Health a completed application form
containing all information therein requested.
False statements in said
application shall be grounds for revocation
or denial of a license.
2) Submit permit fee as determined by current fee schedule.
3) Notify the Ipswich Board of Health at least fourteen (14) days prior
to
any change of name, address, or ownership.
4) Operate only under the name or designation specified on the license.
5) Not employ or cause to be employed as a massage therapy
practitioner
any person who does not have a license
or permit for the practice of
massage therapy from the Ipswich Board
of Health, or whose massage
therapy license or permit has been suspended.
6) Not perform or allow to be performed an illegal act on the
premises.
A violation of this section may be grounds
for revocation, suspension
or modification of the massage therapy
license.
7) Not serve alcoholic beverages in the portion of a building
that the
Board of Health determines is being used for the purpose of giving
massage therapy.
8) Not operate x-ray, fluoroscope, diathermy or other similar
equipment
unless licensed by the Commonwealth of Massachusetts to practice a
profession requiring the use of such equipment.
9) All rooms used for massage therapy shall be clean and easily
cleanable, well lighted, adequately ventilated and properly heated in
accordance with local and/or state regulations.
10) If shower facilities are not provided, the operator shall
post
conspicuously at the reception area of the facility a sign which shall
read:
NOTICE TO MASSAGE CLIENTS
THIS ESTABLISHMENT DOES NOT PROVIDE A SHOWER FOR
USE AFTER MASSAGE. IF YOU BELIEVE YOU ARE ALLERGIC
TOLOTIONS, OILS OR POWDERS, PLEASE NOTIFY THE
MASSAGE THERAPIST PRIOR TO THE MASSAGE. THEY
WILL NOT BE USED. IF REQUESTED, THE MASSAGE
THERAPIST WILL USE RUBBING ALCOHOL OR SOAP AND
WARM WATER TO REMOVE OILS, LOTIONS OR POWDER
USED DURING MASSAGE.
The letters in the first two lines shall be at least one inch in height.
Hypoallergenic soap, water and rubbing alcohol (70% isopropyl,
by volume) must be available in the establishment at all times
when a shower is not provided.
11) The sign referred to in section 10 shall not be required
in
establishments where techniques are performed on clients fully
clothed (e.g. Oriental bodywork, Polarity therapy, etc.) or
where
techniques are performed that do not use oil.
12) All areas of the establishment including the furniture and equipment
therein shall be kept in sanitary condition at all times. All massage
therapy tables, mattresses, etc. shall be easily cleanable. All surfaces
used for massage therapy shall be properly cleaned and sanitized
after each massage therapy session.
13) All robes, sheets, towels,
etc. supplied by the establishment which
may come in direct contact with the body shall be mechanically
washed with detergent and mechanically dried after each
use. Single
service items are acceptable, and shall only be used once.
14) The current license of the massage therapy establishment and
current licenses or permits of
all massage therapy practitioners
conducting massage therapy therein
must be displayed in a
conspicuous place.
15) All licensed establishments shall file an application for
renewal not
less than 30 days prior to the
expiration of their licenses, whereupon
their existing licenses shall
not expire until the Board of Health has
finallydetermined the renewal
application’s status.
16) Provide a minimum of one toilet room containing a toilet and sink.
The toilet room shall be provided with
toilet paper, liquid hand soap
and paper towels in a fixed dispenser.
B. Every operator of an establishment for the giving of massage
therapy shall
require all practitioners on the
premises to meet the following requirements:
1) Not touch or work with a client if either the practitioner or the client is afflicted with a communicable disease that can be spread through the massage therapy process or through close contact ordinarily associated with the massage therapy process, unless written certification from a licensed physician stating that the condition is no longer communicable is provided.
2) Wash hands thoroughly with soap and hot water immediately before and after performing a massage therapy session.
3) Maintain sufficient level of personal cleanliness and be clothed in clean and appropriate attire.
4) Professional and student/apprentice practitioners are responsible for taking all precautions for proper hygiene within the facilities.
VIII. OFF-PREMISES BUSINESS
All professional practitioners licensed by the Board of Health may perform off-premises work provided that they:
1) Agree to meet all requirements set forth in Section VIIA, 5, 6, 7 and 8 and Section VIIB.
2) Publicly display professional practitioner license where conducting off-premises business.
IX. TEMPORARY LICENSE
No person shall practice massage therapy for hire on a temporary basis in the Town of Ipswich unless he/she meets the following requirements.
1) Submit to the Ipswich Board of Health a completed application form supplying all information therein requested. This form shall be completed by the individual practitioner.
2) Submit documentation of licensure in another Massachusetts community as a professional practitioner. Applicants whose license to practice massage therapy has been revoked in any other Massachusetts municipality shall be ineligible for a license for a temporary event in Ipswich.
3) Not perform or allow to be performed an illegal act on the premises of the temporary event.
4) Maintain hygienic practices to the greatest degree allowed by conditions of the temporary event.
5) Not touch or work with a client when either the client or the practitioner is afflicted with a communicable disease including but not limited to skin fungus, skin infections, skin inflammation, skin eruption, or skin lesion, that could be spread through the massage therapy or through close contact associated with the massage therapy.
6) Maintain sufficient level of personal cleanliness and be clothed in clean and appropriate attire.
7) Publicly display his/her temporary license to practice massage therapy for that event.
8) Agree to follow all rules and regulations specified herein and conduct him/herself in accordance with the standards for practice and ethical guidelines of his/her professional association or institute named herein.
9) Professional practitioners licensed by the Ipswich Board of Health may perform massage therapy at a temporary event if they publicly display his/her license to practice massage therapy.
X. COLONIC HYDROTHERAPY
The practice of colonic hydrotherapy by a licensed massage therapist is prohibited. A massage therapy license does not qualify the practitioner to practice Colonic Hydrotherapy.
XI. MASSAGE THERAPY PRACTITIONERS: OPERATING GUIDELINES
Every professional practitioner conducting work in the Town of Ipswich shall agree to use the following guidelines in the conduct of massage therapy.
1. Not touch or work with a client, when either the client or practitioner is afflicted with a communicable disease including but not limited to skin fungus, skin infection, skin inflammation, skin eruption, or skin lesion (i.e. cut) that could be spread through the massage therapy or through close contact ordinarily associated with the massage therapy.
2. Wash hands thoroughly with proper soap or disinfectant and hot water immediately before and after performing a massage therapy/bodywork session.
3. Maintain sufficient level of personal cleanliness and be clothed in clean and appropriate attire.
4. Not administer massage or bodywork to a minor without consent of minor’s parent or guardian.
5. Take all precautions for proper hygiene within the facilities.
6. Not diagnose disease, prescribe medicine or perform any procedure which requires a license from the Commonwealth of Massachusetts, including but not limited to psychotherapy, chiropractic and colonic hydrotherapy.
7. Prominently display in the main seating area, entranceway or in each practice room the license to practice massage therapy issued by the Board of Health.
8. Maintain a record of dates, names and addresses of all patrons. This record shall be made available to the Board of Health or the Massachusetts Department of Public Health in the event of a communicable disease believed to have been brought to, or transmitted through or from the massage therapy/bodywork practitioner or the establishment.
9. Follow all rules set forth in these regulations and conduct themselves in accordance with the standards of their accrediting state or national professional association.
10. Use universal precautions in the prevention of all communicable diseases.
XII. NEW MASSAGE THERAPY TYPES
In the event an applicant does not practice any of the types of massage therapy listed in Section III, the applicant shall submit documentation of schooling, internships, training and experience to demonstrate sufficient level of competency to qualify for a state or national certification program should one exist comparable to the others listed in Section VI(4). In no case shall an applicant have less than 500 hour course of study or not have completed a National Certification Exam.
XIII. LICENSE REVOCATION, SUSPENSION OR MODIFICATION, AND APPEALS
1. The Board of Health may suspend, revoke or modify a professional practitioner or establishment or temporary license or a student/apprentice practitioner or off-premises business license for any violation of these regulations or for the performance of any illegal act on the premises by serving an order in writing by any person authorized to serve civil process or by registered mail, return receipt requested to the person(s) responsible for the violation.
2. The person(s) to whom an order has been served may request in writing a hearing before the Board of Health within 7 days after the day the order was served. Upon receipt of such petition the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The 30 day period may be extended if in the opinion of the Board of Health the petitioner has submitted a good and sufficient reason for such postponement.
3. At the hearing the petitioners shall be given an opportunity to be
heard and to show why the order should be modified or withdrawn.
After the hearing the Board of Health shall sustain, modify or withdraw
the order and shall inform the petitioner in writing of this decision.
The decision of the Board of Health shall be final.
XIV. VARIANCES
1. Any person(s) may submit a written request to the Board of Health for a variance in the application of any provision of these regulations when the enforcement thereof would do manifest injustice and the applicant can prove that the proposed variance would afford the same degree of health and safety protection. The Board of Health shall set a time and place for a hearing on the matter and shall inform the petitioner in writing thereof. The hearing shall commence within thirty days of receipt of the request.
2. At the hearing the petitioner shall be given an opportunity to be heard and to show why the variance should be granted. After the hearing the Board of Health may sustain, modify or deny the variance and shall inform the petitioner in writing of its decision.
XV. PENALTIES
Whoever violates any provisions of these regulations as stated herein prevents or hinders any member or agent of the Board of Health or police department from exercising entry and inspection authority, under the authority of, and as pertaining to these regulations and Sections 51, 52 and 53, of Chapter 140 of the Massachusetts General Laws shall be punished by a fine of not more than 100 dollars, or by imprisonment for not more than 6 months, or both.
XVI. SEVERABILITY
If any provisions of these regulations are declared invalid or unenforceable,
the other provisions shall not be affected thereby, but shall continue
in full
IPSWICH BOARD OF HEALTH
________________________________
Kenneth Zinn, Chairman
________________________________
Carl Hiltunen
_______________________________
Susan Hubbard
Hearing notice published: August 23, 2001 an August 30, 2001
Regulation adopted:
September 10, 2001
Regulation published and effective: September 20, 2001
Town Clerk
Town of Ipswich
Board of Health
Environmental Tobacco Regulation
A. Statement of Purpose
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter ETS], which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year (McGinnis JM, Foege W, “Actual Causes of Death in the United States”, JAMA 1993 270:2207-2212); and whereas in 2000, the Public Health Service’s National Toxicology Program listed environmental tobacco smoke as a known human carcinogen (U.S. DHHS, 200, citing Cal. EPA, 1997), now, therefore, the Board of Health of the Town of Ipswich recognizes the right of those who wish to breathe smoke free air and establishes this regulation [hereinafter “Regulation”] to protect and improve the public health and welfare by prohibiting smoking in public places.
B. Authority
This Regulation is promulgated under the authority granted to the Ipswich Board of Health under Massachusetts General Laws Chapter 111, Section 31 that “Boards of Health may make reasonable health regulations.”
C. Definitions
For the purposes of this Regulation, the following words shall have
the meanings respectively ascribed to them by this paragraph:
Bar: An establishment whose business is devoted to the serving
of alcoholic beverages for consumption by guests on the premises and in
which the serving of food is only incidental to the consumption of such
beverages. Revenue generated from the serving of alcoholic beverages
must be equal to or greater than eighty-five percent (85%) of the total
combined revenue generated by the service of such beverages and food.
Revenue figures to be considered as evidence for the purpose of this Regulation
are those used in calculating the meal tax amount required to be filed
with the Massachusetts Department of Revenue for the preceding year.
Board: The Board of Health of the Town of Ipswich.
Business Agent: An individual who has been designated by the
owner or operator of any establishment to be the manager or otherwise in
charge of said establishment.
Employee: Any natural person who performs services for an employer.
Employer: A natural person, partnership, association, corporation,
trust, or other organized group of individuals, including the Town of Ipswich
or any agency thereof, which utilizes the services of one (1) or more individual
employees.
Health Care Facility: Any office or institution providing care or treatment
of diseases, whether physical, mental or emotional, or other medical, physiological
or psychological conditions including but not limited to rehabilitation
hospitals or other clinics, including weight control clinics, nursing homes,
homes for the aging or chronically ill, laboratories, offices of any surgeon,
chiropractor, physical therapist, physician, dentist and all specialists
within these professions.
Indoor Sports Arena: Any sports pavilions, gymnasiums, health spas,
boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and
other similar recreational facilities where members of the general public
assemble either to engage in physical exercise, participate in athletic
competition, or witness sports events.
Person: Any individual, firm, partnership, association, corporation,
company or organization of any kind including, but not limited to an owner,
operator, manager, proprietor or person in charge of any building, establishment,
business, or restaurant or retail store, or the business agents or designees
of any of the foregoing.
Private Club: An establishment with a pouring license with limited
membership into which admission cannot be obtained by any person at his/her
pleasure.
Public Place: Any building or facility owned, leased, operated
or occupied by the municipality, including school buildings or grounds;
any area open to the general public including, but not limited to libraries,
museums, theaters, auditoriums, indoor sports arenas and/or recreational
facilities, inns, hotel and motel lobbies, educational facilities, shopping
malls, public restrooms, lobbies, staircases, halls, exits, entrances,
elevators accessible to the public, and licensed child-care locations.
Public Transportation: Buses, taxis and other means of transportation
available to the general public while such means of transportation is operating
within the boundaries of the town including indoor platforms by which such
means of transportation may be accessed.
Restaurant: Any coffee shop, cafeteria, sandwich stand, private
and public school cafeteria, and other eating establishment which gives
or offers food for sale to the public, guests, or employees for on-premises
consumption, as well as kitchens in which food is prepared on the premises
for serving elsewhere, including catering facilities.
Retail Food Store: Any establishment commonly known as a supermarket,
grocery store, bakery, or convenience store that sells or offers food items
to the public for off-premises consumption.
Retail Store: Any establishment whose primary purpose is to sell
or offer for sale to consumers, but not for resale, any goods, wares, merchandise,
articles or other things, including retail food stores. “Retail store”
shall not include restaurants as defined herein.
Smoking: Inhaling, exhaling, burning or carrying any lighted
cigar, cigarette, or other tobacco product in any form.
Town: The Town of Ipswich
D. Posting Notice of Prohibition:
Every person having control of premises upon which smoking is prohibited by and under the authority of this Regulation shall conspicuously display upon the premises “No Smoking” signs provided by the Massachusetts Department of Public Health and available through the Ipswich Board of Health or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed on a red circle with a red bar across it) and comparable in size to the sign provided by the Massachusetts Department of Public Health and available from the Ipswich Board of Health.
E. Smoking Prohibited:
No person shall smoke nor shall any person, employer, or other person
having control of the premises upon which smoking is prohibited by this
Regulation, or the business agent or designee of such person, permit a
person to smoke in any of the following places as defined herein: restaurants,
health care facilities, indoor sports arenas, public places, public transportation,
retail food stores and retail stores, except as otherwise provided in paragraph
F of this Regulation.
No person shall smoke in any place in which a sign conforming to the
requirements of paragraph D of this Regulation is posted. No person
shall remove a sign posted under the authority of paragraph D of this Regulation.
Any private club or bar that opens an establishment in Ipswich after
the date of enactment of this Regulation shall be smoke free at all times.
F. Exceptions:
Notwithstanding the provisions of Paragraph E of this Regulation, smoking
may be permitted in the following places and/or circumstances:
1. Private residence(s), except those portions used as a childcare
or health care office when operating as such.
2. Hotel and motel rooms rented to guests that are designated as smoking
rooms. The rooms so designated shall be posted with signage indicating
that smoking is allowed therein. The number of rooms that are designated
as smoking and the number designated as non-smoking must be submitted in
writing to the Board of Health. No changes in room designation can
take place without prior written approval of the Board of Health.
3. Private or semi-private rooms of nursing homes that are separately
ventilated and occupied by one (1) or more patients who have requested
in writing to be placed in rooms where smoking is permitted.
4. Private clubs that were in existence at the time the Regulation
was adopted.
5. Bars that were in existence at the time the Regulation was adopted.
G. Conflict With Other Laws or Regulations:
Notwithstanding the provisions of the foregoing paragraph F of this Regulation, nothing in this Regulation shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.
H. Violations:
Any person who violates this Regulation shall be subject to a fine of
one hundred dollars ($100.00) for a first offense, two hundred dollars
($200.00) for a second offense within one year of the date of the first
offense and three hundred dollars ($300.00) for a third or subsequent offense
within one year of the date of the first offense.
In addition to monetary fines set above, any permittee or license holder
who violates this Regulation more than three (3) times within one year
of the date of the first offense may be subject to the suspension of any
and/or all Board of Health licenses and permits for thirty (30) consecutive
business days.
I. Enforcement:
This Regulation shall be enforced by the Board of Health and its designees. One method of enforcement may be periodic, unannounced inspections of those establishments subject to this Regulation. Any citizen who desires to register a complaint under this Regulation may request that the Board of Health initiate an investigation. Any fine imposed under the provisions of this Regulation shall be deposited in the general fund of the Town for such use as the Town may direct.
J. Non-Criminal Disposition:
Whoever violates any provision of this Regulation, the violation of
which is subject to a specific penalty, may be penalized by the non-criminal
method of disposition as provided in Massachusetts General Laws, Chapter
40, Section 21D or by filing a criminal complaint at the appropriate venue.
Non-criminal disposition authority may be found in the Town of Ipswich,
General Bylaws, Chapter XVII.
Each day on which a violation exists shall be deemed to be a separate
offense.
Enforcing Person(s): Ipswich Board of Health and its designees
K. Severability:
If any paragraph or provision of this Regulation is found to be illegal, against public policy, or unconstitutional, it shall not affect the legality of any remaining paragraphs and/or provisions.
L. Effective Date:
This Regulation shall be effective as of August 1, 2003.
____________________________________
Kenneth Zinn, Chairman
Carl Hiltunen, Board Member
Susan Hubbard, Board Member
Hearing Notice Published February 27, 2003 & March
6, 2003
Regulation Adopted March 17, 2003
Regulation Published & Effective published March 27,
2003; effective August 1, 2003
Town Clerk