ANIMAL CONTROL REGULATIONS

The Board of Health of the Town of Medfield, acting under the authority of Sections 21, 122, 143, and 155 of Chapter 111 of the Massachusetts General Laws and amendments and additions thereto, and by any other power thereto, enabling and acting thereunder, and in accordance therewith have, in the interest of and for the preservation of the public health, duly made adopted the following regulations for the control of animals in the Town of Medfield.

REGULATION 1. DEFINITIONS

Abutter: Shall mean the owners or tenants of property which adjoin the lot upon which animals are to be kept whether or not said properties are separated by a public way.

Animal: For the purpose of these regulations, animal is to mean all animals except dogs, cats, and domestic animals normally kept in the home, and including fowl, that are kept or harbored as domesticated animals.

Animal Unit: For the purpose of licensing a given number of animals or fowl, the following shall be considered equivalent and each will be regarded as a single animal unit:
   horse  1 bovine  1
   goats  2 sheep  2
   swine  2 geese  3
   ducks  5 rabbits  4
   chickens 10 pigeons 15

Fractional units are cumulative.

Commercial Stable: A stable operated for commercial purposes including riding schools or boarding.

Corral: Any pen or enclosure for confining animals.

Dwelling: Any building or shelter used or intended for human habitation or periodic human activity.

Facility: The total accommodations to be used for the keeping and care of animals, including but not limited to, stable and corral.

Farm: A parcel of land under one ownership which contains a minimum of five (5) acres, and its use, concomitant with the keeping of animals, comprises a major source of income and/or constitutes a livelihood for the owner or tenant.

Feed: A food mixture or preparation, and hay, used for consumption by animals, kept at or proximate to a facility.

Fowl: As used in these regulations, shall mean all members of the bird family, and shall include chickens, roosters, capons, hens, turkeys, pigeons, peafowl, ducks, swans, and geese (other than wild species).

Horse: Any solid-hoofed animals including, but not limited to, a horse, donkey, pony or mule.

Impervious Material: Soils having a percolation rate greater than twenty (20) minutes per inch drop, and including but not limited to ledge, hardpan, clay, peat, loam and organic matter.

Unsanitary Conditions: The state of being of a facility which, in the opinion of the Board of Health; is conducive to or results in breeding of flies, creation of offensive odors, rodent infestation, liquid effluent or runoff.

Lot: An area of land in one ownership, with definite boundaries used or available for use as the site of one or more buildings.

Noise: Sound of sufficient intensity and/or duration as to

a. cause of nuisance,
b.  be injurious or, on the basis of current information, potentially injurious to human health, or
c.  unreasonably interfere with the comfortable enjoyment of life and property.

Owner: Every person who alone, or jointly, or severally with others

a.  has legal title to any dwelling or dwelling unit, or
b.  has care, charge, or control of any dwelling or dwelling unit as agent, executor, executrix, administrator, administratrix, trustees, lessee, or guardian of the estate of the holder of legal title.

Each such person thus representing the holder of legal title is bound to comply with the provisions of these regulations as if he were the owner.

Person: Every individual, partnership, corporation, firm,  association, or group, including a city, town, country, or other governmental unit, owning property or carrying on an activity regulated by these regulations.

Runoff: Water from rain or melted snow that flows over the surface of the ground.

Stable: A building or structure in which animals are sheltered and/or fed.

Stall: A compartment in a stable used for the keeping of one or more animals.

Vermin: Any of various insects, bugs, or small animals regarded as objectionable because destructive or disease carrying included but not limited to flies, mosquitoes, lice, and rats.

Watercourse: Any stream drain, pond, lake, or other body of water drained by a stream, dry ditch, or other depression that will permit drainage water to empty into any open waters of the Commonwealth.

Wild Animals: Any animal not normally found or kept as a domesticated animal.  These animals normally require Federal or State Permits.

REGULATION 2. GENERAL REQUIREMENTS

2.1.  No person shall keep or allow to be kept within the limits of the town in any building or any premises on which he may be the owner, lessee, tenant, or occupant, any horses, cows, goats, fowl, sheep, swine, or any other animal than those kept as family pets (based on the Board of Health definition of animal unit) without a written permit from the Board of Health.  All such permits shall expire on June 30th of each year, unless sooner revoked by the Board  of Health for cause.
2.2.  No person shall keep more than 1 horse, 1 bovine, 2 goats, 4 sheep, 4 swine, 8 rabbits, 10 geese, 10 ducks, 20 chickens, or 15 pigeons on a lot except where the property for keeping said animals is more than one (1) acre.
2.3.  The facility for the keeping of animals shall be located on a lot not less than:

a.  50 feet from any abutting property line.
b.  75 feet from any swamp or watercourse.
c.  100 feet from any abutting dwelling.
d.  100 feet from any well used as a supply of drinking water.
e.  10 feet from any part of any individual sewage disposal area.
f.  the building (stable) shall be 50 feet away from any public way, and 50 feet from a dwelling, and the pen (corral) shall be 50 feet from any public way and 50 feet from a dwelling.

The above minimum requirements may be enlarged or increased in any particular case at the discretion of the Board of Health.

2.4.  No foxes, skunks, minks, raccoons, or other fur-bearing animals shall be raised for commercial purposes anywhere within the town.
2.5.  No person shall erect, or use as a facility for animals requiring a permit, any building in the Town of Medfield unless such use is approved by the Board of Health.
2.6.  The owner or other person or persons having control of any existing building or buildings hereafter erected or converted into a facility in a clean, wholesome and attractive condition , free from decaying food, filth, feces, and stagnant water.  The buildings and pens of the facility shall periodically be disinfected, and put in such condition as may be ordered by the Board of Health.
2.7.  All facilities for the keeping of animals shall be securely fenced so as to prevent the escape of animals therefrom.  At no time will animals be allowed to roam unattended.
2.8.  Property barriers such as fencing or closely planted trees shall be installed (barbed wire not acceptable), or other appropriate measures taken, on lots where it is necessary to discourage neighborhood children from wandering into the area of the facility, or on lots where the location of the facility will ordinarily interfere with the comfortable enjoyment of an abutter’s property.
2.9.  A supply of potable water shall be available to the animals at all times and at or near the facility for feeding, cleaning, and fire protection purposes.
2.10.  Wild animals shall not be permitted except by the expressed consent of the Board of Health and other appropriate State and Federal areas of jurisdiction.
2.11.  The Animal Inspector, Agent of the Board, or any member of the Board of Health shall have the right to make an inspection at any time in accordance with Chapter 111, Section 127-B.
2.12.  Pet shops, commercial stables, and riding instructors must be licensed by the Massachusetts Department of Agriculture as well as the local Board of Health.
2.13.  A Medfield Board of Health Permit does not exempt an owner or corporation from the requirements of, or need for permits, from other State or Federal regulatory agencies.

REGULATION 3. SANITARY REQUIREMENTS

3.1.  No person owning, leasing, or controlling the management of a facility for the keeping of one or more animals, shall willfully or through negligence, cause, suffer, allow or permit:

a.  the floor and/or the ground of the facility for the keeping of animals designed, constructed, and/or maintained as to cause or contribute to unsanitary conditions at said facility.
b.  drainage or liquid effluent containing urine and/or fecal matter from any animal kept at said facility to be discharged in runoff, or to flow over the surface of the ground on to neighboring property, public way or watercourses.

3.2.  Management and disposal of manure and soiled bedding shall be such as to minimize odors, breeding of flies, and the attraction of vermin.  Manure shall be collected and stockpiled at a single location, carefully chosen to maximize the distance from abutting properties and watercourse, and with due consideration of the prevailing winds.

a.  The manure shall not be stockpiled between the period of April 15 and October 15.  If manure is disposed of by burying, the manure pit shall be no less than 25 feet from any lot line, 100 feet from any abutting dwelling, 100 feet from any surface of subsurface watercourse, and in well-drained hill with the bottom of the pit at least 3 feet above maximum ground water elevation.
b.  During warm weather, manure shall be treated with lime or superphosphate to minimize odors and treated with USDA approved insecticides for fly control.
c.  The dimensions and/or drainage conditions of any particular lot, may,  in the opinion of the Board of Health, require off property disposal of manure.  In such cases the manure shall not be put out for general town trash collection.  It shall be the responsibility of the owner to dispose of manure in a safe and sanitary manner.
d.  The composting of manure shall not be allowed except by specific approval by the Board of Health.

3.3  Animals shall be maintained in a clean and healthy condition.
3.4  Any animal feed that is stored on, at, or proximate to the facility for the keeping of animals shall be stored in sealed, moisture-proof, vermin-proof, and rat-proof containers.
3.5  No owner of a facility for the keeping of one or more animals, shall willfully or through negligence, cause, suffer, allow, or permit an infestation of insects or vermin at said facility.  Control of these pests shall be with the use of USDA approved compounds.  The continuance of an infestation of vermin at or near the facility beyond a date specified by the Board of Health, when the owner has been ordered by the Board of Health to abate any such infestation in a safe and sanitary manner, shall be cause for revocation of permit and initiation of legal proceedings to eliminate said conditions.
3.6  Dead animals, except horses, shall be buried, incinerated, or disposed of in such a way as to prevent the attraction of flies and prevent odors.  If buried, the animal shall be put in a hole and covered with at least four feet of compacted dirt.  The burial site shall be at least 15 feet from any lot line, and 50 feet from any watercourse.  This regulation does not apply to animals which are slaughtered for use as edible meats or to dead horses which must be examined by a Veterinarian or the Board of Health Agent prior to burial.

REGULATION 4. KEEPING OF HORSES

4.1  No permit shall be issued to keep a horse on any lot of land containing less than 40,000 square feet.  The usable area, drainage conditions, and dimensions of the lot must also be acceptable to the Board of Health.  Additional horses up to a total of four (4) shall not be permitted unless the lot contains a minimum of two-thirds (2/3) of an acre per each additional horse.  More than four horses may be permitted to be kept on lots containing more than three (3) acres, provided that lot dimensions are acceptable to the Board of Health, and provided that the granting of such permit will not adversely affect the public health, safety, and welfare.
4.2  Facilities for the keeping of horses shall be located on well drained land, not susceptible to flooding.  In no case shall a facility be located on impervious soil, or on ground on which stagnant water can collect.  Locations requiring removal of impervious material shall be inspected by the Board of Health after excavation and before filling.  Fill shall be of porous material such as gravel, coarse sand, or crushed rock to a depth of at least twelve (12) inches, extending at least five (5) feet beyond the boundaries of the facility, and such that the finish grade within all parts of the facility are higher than the surrounding ground.
4.3  Feces (manure) dropped by any horse kept at said facility shall not remain on the ground or floor for a period of time in excess of three (3) days.
4.4  The corral fencing shall be constructed of sturdy material (not barbed wire) visible to the horses and so as to adequately contain the horses and for the protection of persons and contiguous property.  The corral area shall be a minimum of two thousand (2,000) square feet, including the stable site for the keeping of one horse.  An additional corral area of three hundred (300) square feet for each additional horse shall be required.
4.5  Each stable shall be located not less that 50 feet from any abutting property line, and shall be completely enclosed of sturdy construction so as to provide adequate safety and comfort for the horse.  The stable shall contain a minimum of one hundred fifty (150) square feet for the first animal, and at least sixty (60) additional square feet for each additional animal, and shall provide adequate space for food storage and equipment.

 Doors shall be of sufficient height and width to allow safe ingress and egress for the horse.  The ceiling and/or roof of the stable shall be of sufficient height to provide adequate ventilation.

 At least one window with screening shall be provided for ventilation and light, with appropriate safeguards against drafts, and the breaking of glass.  Construction shall be such as to prevent the accumulation of moisture within the opposite sides of the stable.

 The floor shall be constructed so as to provide adequate drainage to prevent urine from accumulating, and so as to allow easy removal of manure and soiled bedding.  Flooring shall also be acceptable to both the Board of Health and the MSPCA.

4.6.  Under no circumstances shall a horse be allowed to roam free nor to be left tethered, but unattended by a responsible person.
4.7.  The death of any horse mysteriously or suddenly, except by accident, and without being attended by a Veterinarian, must be reported to the local Board of Health immediately.  In no case shall such an animal be disposed of until released by the Board or a State Veterinarian.

REGULATION 5. KEEPING OF FOWL

5.1.  Fowl shall not be allowed to forage or stray outside the area of the facility.
5.2.  No rooster shall be kept unless the permit so specifies.  It shall be adequate cause for refusing or revoking a permit to keep a rooster if one or more abutters complain of its presence by reason of noise.
5.3.  Coops for the keeping of fowl shall be disinfected at least twice a year.
5.4.  The coop shall be cleaned of droppings no less often than once every two (2) weeks between April 15 and October 15 of a given year and once every four (4) weeks during the remaining period.  Every means should be taken to minimize the dust created from dried fowl manure.

REGULATION  6. OTHER ANIMALS

The specific regulations outlined above for the keeping of horses will generally be interpreted for all other classes of animals.  The following area requirements should be used as guidelines for other animals:

Animal  Stable Size  Corral Size   Fencing
           sq. ft.      sq. ft.                    Requirements

Goats        50        100               5 feet
minimum/animal      25          50

Sheep        50        100    5 feet
minimum/animal      25          50

Swine        50        100    3 feet
per animal       25          50

Bovine      150      1,000   5 feet

Chickens  5/bird   desirable, not  must be confined

Ducks & Geese 5/bird          10   must be confined

Guidelines for animals not specifically mentioned will be developed by the Board upon request.

REGULATION 7. APPLICATIONS, PERMITS, FEES
   (Requirements and limits thereof)

7.1.  All new applications for a Permit to keep animals shall be submitted on a form acceptable to the Board of Health.  Such application shall be accompanied by a sketch showing the property to be used, the names and addresses of all abutters, the proposed location of the facility, the location of any streams, drains, or known sources of water supply within one hundred (100) feet of the facility.

 Applicants for new Permits will be required to notify all abutters of their application by certified mail, return receipt.  These receipts shall be filed with the Board before the application will be acted upon.  The application shall also be accompanied with a proposal or plan to indicate how the facility shall be maintained so that it will be kept clean and free from filth and stagnant water, and the method to be used to control flies and rodents.  Such plan shall also show the construction details of the facility with necessary drainage details.  The application plan shall also show the type, location and dimension of fencing.

7.2.  Any person who proposes to remodel an existing building or a portion thereof, or to construct a new building which is to be used in whole or in part as a facility for keeping of animals shall, prior to obtaining a Building Permit for such construction or remodeling, submit plans to the Board of Health for approval as well as to the town Building Inspector if necessary.

a.  Such construction shall be commenced within ninety (90) days after the Board of Health approval is given, and shall proceed without unreasonable delay or approval or shall be null and void.
b.  The permit to keep animals shall be issued after construction of the facility is completed and approved by the Board of Health and the Building Inspector.
c.  In cases where a Building Permit is required, preliminary Board of Health approval shall be indicated by countersigning said Building Permit by the Board of Health, or its authorized agent
d.  In cases where a Building Permit is not necessary, approval by the Board of Health shall be given by means of the issuance of the Animal Permit itself.

7.3.  All permits shall specify the exact number and type of animals or fowl to be kept within the are described for the keeping of such.  No animals in excess of the specified number shall be kept herein.

7.4.  Fees: As specified in current fee schedules of the Board.
CATEGORIES

1.  Commercial - Boarding or Riding Stable
2.  Horses - Private
3.  Other animals and fowl
4.  Farms

 Note: In cases of animal complaints, or other circumstances, the Board of Health invokes the right to charge a fee for a specific inspection, if necessary.

7.5  The person or persons who have had a permit denied or canceled shall be ordered to remove all unlicensed animals from the property occupied by said animals.
7.6  A permit to stable or keep animals on property in the Town of Medfield is not transferable.
7.7  All permits issued for the keeping of animals prior to the adoption of these regulations shall be valid, and may be renewed subject to the regulations in effect prior to the adoption of these new regulations, providing the persons, conditions, and agreements contained in the original applications have not changed, and that no conditions exist that would be injurious to the public health, or restrict the normal use and enjoyment of contiguous property.  All renewal of permits subsequent to the adoption of these regulations shall be subject to the adopted schedule fees.

REGULATION 8. SEPARABILITY

8.1.  So far as this Board may provide, each section of these regulation shall be construed as separate to the end that if any section, item, sentence, clause or phrase shall be held invalid for any reason the remainder of these rules and regulations shall continue in full force and effect.

REGULATION 9. VARIANCE

9.1  The Board of Health may vary the application of any provision of these regulations with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice; provided, that the decision of the Board of Health shall not conflict with the spirit of these minimum standards.  Any variance granted by the Board of Health shall be in writing.  A copy of any such variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the clerk of the city or town, or in the office of the Board of Health.

REGULATION 10. PENALTY

10.1  Whoever violates any of these regulations shall forfeit a sum not exceeding one hundred dollars ($100.00) unless when otherwise provided by law or be these regulations.

REGULATION 11. ADOPTION AND EFFECT

11.1  These rules and regulations were adopted by unanimous vote of the Board of Health, Town of Medfield, Massachusetts and are to be in full force and shall, before said effective date, be published in a newspaper published in this town and a copy thereof shall be deposited in the office of the Town Clerk.

       MEDFIELD BOARD OF HEALTH

       Richard R. Whelan, Chairman
       Thomas A. Caragliano, Clerk
       Francis X. Curry
ADOPTED AS AMENDED:
January 19, 1976 (retyped 3/12/97 sds)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

TOWN OF MEDFIELD    BOARD OF HEALTH
BOARD OF HEALTH REGULATION

CERTIFICATION OF FOOD HANDLERS IN FOOD SANITATION

Section 1.0 Authority

The Medfield Board of Health, pursuant to the authority granted under Massachusetts General Laws Chapter III Sections 31 and 127A hereby adopts the following regulations to protect the public health of the community.

Section 2.0 Purpose

The Medfield Board of Health recognizes that an ideal food protection program is supported by a partnership effort between industry and food regulatory officials.  Together, educated food handlers and effective inspection programs can reduce the incidence of high risk practices which can lead to foodborne disease outbreaks.

Other benefits of food manager/handler training include providing the industry with a more professional approach to food safety, improving communication between industry and regulations, increasing consumer confidence in their food supply and avoiding negative economic impact often associated with foodborne disease outbreaks.  Food establishments which have trained food handlers are also more likely to be in compliance resulting in less inspection and enforcement time spent by the Board of Health.

Accordingly, the Board of Health declares that the purpose of this regulation is to improve the general sanitation conditions in Medfield’s food establishments, thus protecting the public health and welfare of the dining public.

Food manager/handler certification will ensure that these employees have knowledge of the principles and practices of food sanitation with the primary purpose of preventing food borne illness and protecting the public health in accordance with Chapter X of the State Sanitary Code, 105 CMR 590.000 Minimum Standards for Food Establishments

Section 3.0 Definitions

The following word and phrases, whenever used in this regulation shall be construed as defined in this section.  Any terms not specifically defined herein are to be construed in accordance with the definitions of Chapter X of the State Sanitary Code. 105 CMR 590.000.

3.1  “Approved Food Manager/Handler Certification Program” - means a food safety training course approved by the Board which meets the requirements of the Massachusetts Guidelines for Food Protection Management Training and  Testing.
3.2  “Board” - refers to the Town of Medfield Board of Health.
3.3  “Certified Food Manager/Handler” - An individual employed by the establishment who has passed an exam as described in Section 5 and has supervisory, training and management responsibilities.
3.4  “Food Establishment means any food service establishment, retail food store, or residential kitchen where food is prepared for retail sale or for a bed and breakfast operation.  A bed and breakfast home serving continental breakfast only shall not be considered a food establishment.
3.5  “Food Service Establishment” - Any place where food is prepared and intended for individual portion service and includes the site at which individual portions are provided.  The term includes any such place, regardless of whether consumption is on or off the premises, and regardless of whether there is a charge for the food.  The term includes but is not limited to, delicatessens that offer prepared food in individual service portions, mobile food units, pushcarts and catering operations.  The term does not include residential kitchens, retail food stores, or supply vehicles.
3.6  “Full-time Equivalent” - means minimum thirty-five (35) hours work per week.
3.7  “Outbreak of Foodborne Illness” - means an incident in which two or more persons experience a similar symptom usually gastrointestinal in nature, after ingestion of common food and an epidemiological analysis implicates the food as the source of the illness or one case of botulism or chemical food poisoning.
3.8  “Person” - includes an individual, partnership, corporation and association or other legal entity.
3.9  “Potentially Hazardous Food” - means any food that consists in or in part of milk or milk products, eggs, meats, poultry, fish, shellfish edible crustacean, or other ingredients including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of C. botulism.  The term does not include foods which have a pH level of 4.5 or below or a water activity (Aw) value of 0.85 or less.

Section 4.0 Food Manager/Handler Certification Required

4.1  Each food establishment where potentially hazardous food are prepared and/or served shall employ at least one (1) full-time, on-site person and as a certified food manager who is at least eighteen (18) years of age.
4.2  Once a Certified Food manager/handler terminates employment, establishments shall have ninety (90) days to employ a new Certified Food Manager/Handler or have an individual enrolled in a Board approved food manager/handler certification program in food safety.
4.3  Certificates for Managers/Handlers certified in food safety shall be prominently posted in the establishment next to the license(s) to operate.  The certificate shall be removed when the individual is no longer employed by the establishment.
4.4  No person shall use the title “Certified Food Manager/Handler” or in any way represent themselves as a manager/handler certified in food safety unless they shall hold a current certificate pursuant to these regulations.

Section 5.0 Certification

5.1  Certification shall be achieved by attending a food safety and sanitation course and attaining a passing grade on an exam provided by the Educational Testing Services (Food Protection Certification Program)or the Educational Foundation of the National Restaurant Association (ServSafe) or an equivalent exam recognized by the Massachusetts Department of Public Health and approved by the Board.

Section 6.0 Responsibilities of Licensed Food Managers/Handlers

6.1  The certified food manager/handlers shall have supervisory, training, and management responsibilities and shall be responsible for food preparation and service or have the authority and responsibly to direct and control such activities.
6.2  The certified food manager/handler is responsible for operating the establishment in compliance with all relevant Federal, State and local rules and regulations pertaining to food service.
6.3  The certified food manager/handler shall assure that all employees engaged in food preparation do so in a manner consistent with proper food sanitation practices.
6.4  The certified food manager/handler shall develop a plan for assessing monitoring, and controlling foodborne disease hazards in the food establishment.
6.5  The certified food manager/handler shall report any alleged foodborne illness to the Board within twenty-four (24) hours of the incident.

Section 7 Certificate not Transferable

7.1  A Certified Food Manager/Handler certificate is not transferable from one person to another.
 

Section 8 Reciprocity

8.1  The Medfield Board of Health shall, at its discretion, recognize prior certification from any course which meets the requirements of Section 5.

Section 9 Penalty for Violation

9.1  Any person who violates any provision of this regulation or any person who is a Certified Food Manager/Handler who does not comply with these requirements, may be subject to administrative fines and/or the suspension or revocation of the establishment’s food service permit or the persons certification.

Section 10 Administrative Fines

10.1  This regulation shall be enforced by those procedures identified by Article XVII. Bylaw Enforcement, of the Town of Medfield Bylaws.  The Board after due notice and opportunity for a hearing, shall have the right to levy administrative fines up to three hundred ($300.00) dollars against any Certified Food Manager/Handler) or food establishment owner who violates any provision of this regulation.

Section 11 Waivers

11.1  The Board may waive the applicability of any provision of this regulation, if, in its opinion, the enforcement thereof would be unjust or be contrary to the public interest.  Provided, however, that the decision of the Board shall not conflict with the spirit of any minimum standards established by this regulation.  Any such waiver shall, only be adopted by the Board after due notice and public hearing.

Section 12.0 Severability

12.0  If any provision, clause, sentence or paragraph of this regulation or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the remaining provisions of this regulation and to this end the provisions are declared to be severable.

Section 13 Effective Date

 This regulation shall take effect on January 1, 1999.

ADOPTED: September 30, 1998

PUBLIC MEETING HELD: January 28, 1998 @ 8:00 PM Medfield High School Lecture Hall

MEDFIELD BOARD OF HEALTH

____________________________
Heidi Groff, RNC, MPH, Chair

_____________________________
Evan Wilmarth, CSE

______________________________
Nancy Silva, Ph.D.. MPH

12/97
amendments 3/25/98
adopted 9/30/98
 
 
 
 
 
 
 

RULES AND REGULATIONS GOVERNING THE PRACTICE OF MASSAGE
AND THE CONDUCT OF ESTABLISHMENT
FOR THE GIVING OF MASSAGE, VAPOR, POOL, SHOWER, OR OTHER BATHS.

The following rules and regulations were adopted at a meeting of the Medfield Board of Health held on July 26, 1984, under the authority of Section 31 of Chapter 111, and Section 51, 52 and 53 of Chapter 140 of the General Laws of the Commonwealth of Massachusetts.

1.  LICENSE REQUIRED & FEE: No person shall practice massage or conduct an establishment for the giving of massage or vapor, pool, shower, or other baths for hire or reward, or advertise or hold themselves out as being engaged in the business of massage or the giving of said baths in the Town of Medfield without receiving a license therefore from the Medfield Board of health.  A license issued to an establishment, masseur or masseuse is not transferable.

2.  DEFINITIONS: For the purpose of this regulations:

a.  MASSAGE shall mean manipulation or conditioning of part or parts of the body by manual, mechanical, or other means as a beauty treatment for purported health or medical treatment, or for the purposes of invigoration.
b.  ESTABLISHMENT FOR GIVING, MASSAGE, VAPOR, POOL, SHOWER OR OTHER BATHS shall mean the office, place of business, or premises where massage is practiced or where therapeutic or conditioning baths of water, vapor or other substance are given.
c.  APPROVED shall mean approved by the Board of Health of the Town of Medfield in accordance with accepted standards.
d.  APPROVED COURSE OF MASSAGE shall mean a course of the art and science of massage which included both theory and practice and is approved by the Board of Health of the Town of Medfield in accordance with accepted standards.
e.  MASSEUR shall mean a male who practices massage; MASSEUSE shall mean a female who practices massage.

3.  EXCEPTIONS AND EXCLUSIONS: For the purpose of these regulations:

a.  PERSONS EXCEPTED: Physicians, physical therapists, school athletic trainers, or chiropodist (podiatrists) registered in the Commonwealth of Massachusetts are excluded.  A person registered as a barber or an apprentice under the provisions of Section 87H or Section 87I of Chapter 112 of the General Laws or as a hairdresser operator, or a student under the provisions of Section 87T to 87JJ, inclusive of said Chapter 112 of the General Laws may practice facial and scalp massage without taking out a license to perform massage.
b.  OTHER PERSONS EXCEPTED: A person licensed to practice massage or conduct an establishment in any other City or Town in the Commonwealth may, on written orders of a physician, attend patients, specified by the physician, in Medfield.  He shall, if requested, submit to the Board of Health copies of his license from another community and the physician’s orders.
c.  ESTABLISHMENT EXCEPTIONS: Hospitals, nursing and convalescent homes where massage and baths may be given are excluded from the definition of an establishment for giving massage, vapor, pool, shower or other baths.

4.  EXPIRATION DATE OF LICENSE: Licenses shall automatically expire on December 31 of each year.  Applications for renewal must be submitted at least 30 days prior to expiration date.
5.  REQUIREMENTS FOR PERSONAL LICENSING: No person shall be licensed to practice massage or conduct an establishment for giving massage, vapor, pool, shower, or other baths unless they (male or female) meet the following requirements:
a.  be twenty-one (21) years of age or older.
b.  be of good moral and ethical character.
c.  submit to the Board of Health a completed application form containing all the information requested by said form.
d.  be a high school graduate (or equivalency).
e.  have completed an approved course of massage or have had at least two (2) years experience in approved massage establishment or have been previously licensed to practice massage in Medfield.
f.  have had a physical examination, including a serological examination and Mantoux within forty-five (45) days prior to application for licensing or relicensing.

6.  REQUIREMENTS FOR LICENSING OF AN ESTABLISHMENT:  Every establishment for the giving of massage or vapor, pool, shower, or other baths shall meet the following standards:

a.  it shall be connected to the public sewerage system.
b.  it shall be well-lighted, well ventilated and properly heated when seasonally indicated.
c.  no room used by the licensee in the conduct of his/her business shall be used as a bedroom.
d.  there shall be an adequate supply of hot and cold running water at all times.
e.  there shall be approved toilet and washing facilities within the premises, readily available to the patrons and affording sufficient privacy.
f.  where patrons of both sexes are accommodated, adequate arrangements shall be made for separation of rooms, toilets and washing facilities used by each sex.
g.  all rooms of the establishment and furniture and equipment therein shall be kept clean at all times.
h.  each room or enclosure used for the giving of massage service shall have at least one artificial light of not less than forty (40) watts.
i.  there shall be installed a heat and smoke detecting system approved by the Chief of the Medfield Fire Department.
j.  There shall be adequate facilities for the cleaning and sanitizing of all equipment.
k.  All rooms used for reception and treatment of patrons shall be arranged so as to afford adequate fire protection and shall have satisfactory means of egress in case of fire as approved by the Medfield Building Inspector and the Medfield Fire Chief.
l.  All equipment, instruments, devices, robes, sheets, blankets, pillow cases, wearing apparel, towels, or other materials which may come in direct contact with the body shall be properly cleaned and sterilized.
m.  No food or alcoholic beverages shall be permitted on the premises.

7.  DRESS CODE: All individuals who are engaged in the practice of massage shall be properly clothed within the bounds of decency and propriety,  Abbreviated or revealing attire of any kind is prohibited.  The Board of Health, its agents or members of the Medfield Police Department shall be deemed qualified to make a judgment in regard to what constitutes proper clothing or attire.

8.  DIRECT APPLICATION OF INSTRUMENTS TO SKIN PROHIBITED: No instruments or device designed or used for direct application to the skin shall be applied directly to the skin unless sterilized; the part of the body being treated shall be covered with a clean towel, or else the instrument shall be covered in a similar manner.

9.  TREATMENT OF WOUNDS PROHIBITED: No sponge, stick, alum or other article liable to convey infection shall be used to make application directly to the skin or any cut or wound.

10.    TREATMENT OF PERSONS WITH SKIN DISEASE PROHIBITED: No person licensed shall treat any person afflicted with any skin eruption or other disease unless such person shall have furnished a written certificate from a physician to the effect that the eruption or disease is not of a contagious or transmissible character.

11.  CLEANING OF HANDS: Every person licensed to practice massage shall thoroughly cleanse their hands by washing with soap and hot water immediately before serving a patron.

12.  WORKING HOURS: No establishment for the practice of massage or baths as defined herein shall be kept open between the hours of 11 P.M. and 9 A.M. unless specifically authorized by the Board of Health in writing.

13.  DISPLAY OF LICENSE:  Every licensed establishment must display in a conspicuous location the licenses of all the licensees operating in the establishment.

14.  DESIGNATION OF NAME: No licensed person shall operate under any name or conduct his/her business under any designation not specified in their license.

15.  USE OF X-RAY PROHIBITED:  No licensee may operate an x-ray, fluoroscope, or similar equipment or radioactive material for any purpose unless already licensed by the Commonwealth of Massachusetts to practice a profession requiring the use of radiation equipment.  No licensed establishment may contain an x-ray, fluoroscope, or similar equipment unless this equipment is operated only by persons properly licensed to practice a profession requiring the use of such equipment.

16.  RESTRICTION ON FORM OF MASSAGE OR BATH: A license may be limited in the form of massage or type of bath given at the discretion of the Board of Health.

17.  CHANGE OF ADDRESS: Every licensee shall notify the Board of Health prior to any change of address, home or business, or name.  Any new license or amendment of an existing license required because of the foregoing may be issued without charge at the discretion of the Board of Health.

18.  INSPECTIONS: Every licensee shall permit the Board of Health or its agents or other Town authorities acting in any official capacity to inspect their place of business and their work at any reasonable time.

19.  HEARINGS IN CASE OF SUSPENSION OR REVOCATION OF LICENSE: A person whose license has been suspended or revoked, may within ten days f the suspension or revocation of the license, request in writing, a hearing upon the cause or causes of such suspension or revocation.  The Board of Health may set a time and place for said hearing.

20.  PENALTIES: Whoever violates any provision of these rules or regulations shall be punished by a fine of not more than one hundred ($100) dollars or imprisonment for not more than six (6) months or both in accordance with Section 53, Chapter 140 of the General Laws.

21.  INVALIDATION: If any section, paragraph, sentence, clause or phrase of these rules and regulations shall be decided invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect; and to this end the provisions of these regulations are hereby declared severable.

22.  VARIANCE:

A.  The Board of Health may vary the application of any provision of these regulations with respect to any particular case when the Board of Health finds the enforcement thereof would do manifest injustice.
B.  Every request for a variance shall be made in writing on a form provided by the Board of Health and shall state the specific variance sought and the reasons thereof.  The fee for a variance request shall be determined by the Board of Health.  Notice of a variance request must be published in a local newspaper at least two weeks before the scheduled date of the public hearing.
C.  Any variance granted must be made in writing with a copy available to the public at all reasonable hours in the office of the Town Clerk and in the office of the Board of Health.  Any variance granted must be posted on the premises in a prominent location for the duration that the variance is in effect.
 

Adopted 7/26/94
Amended 3/16/94
Retyped8/6/97sds
MEDFIELD BOARD OF HEALTH
Neil D. MacKenzie, Chairman
Heidi Groff
Joan F. Willgohs
 
 
 
 
 
 
 

MINIMUM SANITATION STANDARDS FOR PRIVATE OR
SEMI-PUBLIC WATER SUPPLY

The Board of Health of the Town of Medfield, acting under the authority of Chapter III, Section 31 of the General Laws and Amendments and Additions thereto, and by any other power thereto enabling, and acting thereunder, have, in the interest of, and for the preservation of the public health, duly made and adopted the following rules and regulations:

SECTION I. - DEFINITIONS

A.  Well - Includes any pit, pipe excavation, spring, casing, drill hole or other source of water to be used for any purpose of supplying potable water in the Town of Medfield and shall include dug wells, driven or tubular wells, drilled wells (artesian or otherwise) and springs, gravel packed, gravel walled wells, gravel developed and wash borings and as further described in U. S. Environmental Protection Agency Manual of Individual Water Supply Systems.

B.  Water Systems - Includes pipes, valves, fittings, tanks, pumps, motors, switches, controls and appurtenances installed or used for the purpose of storage, distribution, filtration, treatment of purification of water for any use whether or not inside a building.

C.  Private Water Supply - Any water system serving or intended to serve water for human consumption or for domestic uses or purposes on one lot.  The system shall include all of the sources, treatment works, and distribution lines to the point where distribution takes place within the building.

D.  Semi-Public Water Supply - Any water system serving or intended to serve water for human consumption or for domestic uses or purposes including a multiple dwelling, or to restaurants, dairies, schools, institutions, motels, mobile home parks, bottling plants, campgrounds, recreational; camps for children, state forest, parks, beaches.

Section II. PERMITS FOR PRIVATE OR SEMI-PUBLIC WATER SUPPLY

A.  No private or semi-public water supply shall be installed, altered or repaired until a permit has been obtained from the Board of Health or its Agent.  The fee for this permit shall be set by the Board from time to time.  A permit so granted shall expire two years from the date of issue, unless construction is begun.

B.  A plot plan shall be submitted with the application for a well permit to the Board of Health indicating the proposed location of the well, all buildings, boundary lines, septic systems (within 200 ft.)

Section III. GENERAL REQUIREMENTS

A.  No construction of, nor occupancy of, any facility which the well is to serve, shall be permitted until the well is installed, completed, and has been demonstrated to supply water of the quality and quantity specified herein.

B.  The well contractor shall observe sanitary measures and precautions in the performance of his work in order to prevent pollution or contamination of the well.

C.  Well drillers must be registered with the Massachusetts Water Resources Commission.

D.  Wells shall be located at least 15 ft. from any public or private way or street and 10 ft. from lot lines, and 50 ft. from any part of the septic system and 100 ft. from any leaching area or any other such greater distance as may be required by the Board of Health.  The well must also be a minimum of 5 ft. from any building or projection thereof.

E.  The owners of a semi-public water supply shall possess and display an unrevoked permit from the Board of Health which signifies the status of sanitary protection, maintenance operation and improvements recommended.

F.  Pump houses or pump rooms shall be kept in sanitary condition at all times.  Also the size of the room should be no larger than necessary to house the pumping and the electrical equipment involved in the water system.  Lawnmowers, snowblowers, or other gas driven engines shall not be stored in the pump room.  Insecticides, herbicides and/or fertilizers and the like shall not be stored in the pump room.

G.  Pump house, pump or pipe pits and wells shall be designated and constructed so as to prevent flooding and otherwise to prevent the entrance of pollution or contaminants.

H.  Pump houses, pump rooms and pitless adapters shall be installed in accordance with the “Individual Water System” USEPA manual.

I.  No person shall install or enter into a contract for installing or making additions, modification, or alterations to any “semi-public” water supply before submitting complete plans, specifications and descriptions to the Board of Health and receive from them written approval.  Private and semi-public water supply systems shall be approved by the Board of Health before occupancy is permitted.
 
 

Section IV. WELL SPECIFICATIONS

A.  There shall be a minimum yield of 200 gallons per bedroom per day at 20 lbs. P.S.I. at the highest fixture serviced.  A bedroom shall include undeveloped area that could be made into a bedroom.  System capacity for semi-public water supplies must be adequate to meet projected needs.

B.  Pressure tanks for individual home installation shall be diaphragm type and have a
 minimum capacity of 36 gallons.

C.  Quantity tests shall be performed by competent pump or well drilling contractors and a well shall produce a supply for each dwelling unit served by an on-site well as follows:

WELL DRAWING DEPTH   GMP - 4 hrs. (Minimum)
  0 to 150 feet     5 - 6
  150 to 200 feet       4
  200 to 300 feet        3
  300 and over         2

D.  Auxiliary power must be available to maintain a water supply for multiple dwellings.

E.  A pitless adapter shall be provided such that the permanent watertight casing of the well shall terminate a minimum of 12 inches above finished grade and/or the elevation of 100 year flood.

F.  Well must be curbed and covered to prevent entrance or contamination and to divert surface drainage away from the well.

G.  The wall of a dug well shall extend 4 inches above the floor of the original ground surface.

H.  Pipes and Equipment:

1.  All service pipes and connections shall be of non toxic material and meet the specifications approved by the New England Water Works Association.
2.  The installation of pipes shall be such that they are protected from crushing, freezing and/or attack by rodents.
3.  Dissimilar metals should be discouraged in the water system.  The use of non-conductive plastic inserts between pipes and fittings or the installation of sacrificial anodes is helpful in minimizing electric corrosion problems.
4.  Electrical service grounds shall not be attached to the water piping.  All electrical service and controls of well must be permitted, inspected and approved according to Town and State regulations.
 

Section V. WATER QUALITY AND QUANTITY SPECIFICATIONS

A.  Sanitary protection shall be incorporated into the construction of the well and final finishing at grade shall include cement platform large enough to extend 2 ft. in all directions from the well casing itself.

B.  All newly completed wells shall be disinfected in accordance with instructions from US Environmental Protection Agency Manual of Individual Water Supply Systems.

C.  Before approval, well log and pump test data shall be submitted to the Board of Health in the form attached to these regulations.  It shall include a log of the well, showing depth and type of over-burden, depth of casing installed below ground surface, diameter of casing and diameter of the hole in the rock, static water level, and the pumping rate which can be sustained for four (4) hours.  The well (after pump testing) shall recover to within eighty-five (85) percent of the original static water level within a twenty-four (24) hour period.  The results of all testing shall be submitted to the Board of Health for approval and the well contractor shall be responsible for all data submitted.

D.  A chemical physical and bacteriological analysis of the water, conducted by a Mass. Certified Laboratory, shall be required.  Water which does not meet the accepted standards of agencies of the State or Federal Government for potable water supplies shall be grounds for the rejection of the well.  One sample shall be taken from a tap in the dwelling before occupancy.  Acceptance of water quality shall also be based on its conformance to the normal characteristics of ground water on the area.

E.  A bacteriological test to indicate a 0 per 100 ml coliform density shall be required.  A total bacteria count shall also be determined at 35 C.

F.  Chemical and physical analysis shall be required.  Analyses shall be performed for at least the following:

Volatile Organic (Environmental Protection Agency 624)
pH, color, odor, turbidity, iron, manganese, ammonia nitrogen, nitrite nitrogen, nitrate nitrogen, alkalinity, total hardness, sodium, chlorides, arsenic, and lead.

The Board of Health may require other parameters to be tested when, in its opinion, circumstances particular to the subject location, warrant it.

Concentrations shall not exceed the United States EPA Recommended Maximum Contaminant Levels for Primary and Secondary Drinking Water Regulations in effect at the time of testing.
 

If a sodium concentration of greater than 20 milligrams per liter, or if a volatile organic concentration in any concentration, or if a nitrate nitrogen concentration of greater than 5 milligrams per liter is detected, a document shall be recorded in the Norfolk County Registry of Deeds which identifies the chemicals, their concentration, and health effects.  A whole house treatment system for the removal of volatile organics shall be installed if they are detected.  A statement shall be included in the recorded documents to the effect that the treatment unit requires regular maintenance.  If volatile organics are detected in a water sample and then found to be absent in a subsequent sampling, the requirements for a recorded document and treatment unit shall only be removed following two successive samplings and analyses which show the absence of such contamination.  When treatment units are installed, sampling and analyses must be performed and submitted to the Board of Health to demonstrate that the treatment unit is effective.

G.  Where applicable, water quality of semi-public water supplies shall comply with effective regulations of the U. S. Environmental Protection Agency and the Commonwealth of Massachusetts.

H.   Water Conditioning

Permanent disinfection of a polluted supply is prohibited.  If the natural water quality does not meet the physical and chemical criteria as listed in Section V. F., water conditioning shall be required.  Water softener or other treatment backwash shall not be discharged into the septic system.  Treatment units shall be installed with the capability of by-passing such units if necessary or desired.

Section VI. PROHIBITIONS

A.  Surface water supplies for private or semi-public water supplies shall be prohibited.

B.  Cisterns shall be prohibited.

C.  Cross connections shall be prohibited.

D.  Other cross connections for whatever purpose shall not be allowed without a written permit from Mass. Dept. of Public Health.

E.  Wells used for drinking water and domestic water supply shall not be used to provide water for ground water heat pump systems, for water cooling or air conditioning systems, or irrigation.  Any wells used for such systems shall be approved by the Board of Health only after the applicant has submitted evidence to the satisfaction of the Board of Health that such use will not disrupt any other water supply and the yield of such well is sufficient to provide a sufficient quantity of water to satisfy the manufacturer’s recommendations for proper equipment operation.
 
 
 

Section VII. VARIANCE

A.  The Board of Health may vary the application of any provision of these regulations with respect to any particular case, when in its opinion, the enforcement thereof would do manifest injustice, provided that the decision of the Board of Health shall not conflict with the spirit of these minimum standards.  Any variance granted by the Board of Health shall be in writing.

B.  Any variance or other modification authorized to be made by these regulations may be subject to such qualification, revocation, suspension or expiration as the Board of Health expresses its grant.  A variance of modification authorized to be made by these regulations may otherwise be revoked, modified, or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard.

Section VIII. ENFORCEMENT

A.  The provisions of Article 1 of the State Environmental Code shall govern the enforcement of these regulations.

B.  Orders: Service and Content

1.  If an examination as provided for in Section V. C. and/or D. reveals failure to comply with the provisions of these regulations, the Board of Health may order the person or company responsible to comply with the violated provision.

2.  The inspection and these regulations cannot be construed as a guarantee by the Town of Medfield, or its agents, that the water system will function satisfactorily.

3.  The Board of Health may require a restriction to be recorded in the Registry of Deeds in cases which, in the opinion of the Board of Health, the water analyses show marginal compliance with the criteria of these regulations.

Section IX. ADOPTION AND DATE EFFECT

These rules and regulations were adopted by vote of the Board of Health, Town of Medfield, Massachusetts, and are to be in full force and effect on and after September 1, 1982 and shall, before said date be published in this Town and a copy thereof shall be deposited in the Office of the Town Clerk.

      Medfield Board of Health

      Edward J. Toomey, Chairman
      Neil D. MacKenzie
      William Tosches, MD
As adopted September 1, 1982
and amended July 22, 1987
re-typed sds03/12/97
 
 
 
 
 
 

MEDFIELD BOARD OF HEALTH

THE FOLLOWING INFORMATION MUST BE SUPPLIES TO THE BOARD OF HEALTH FOR ITS REVIEW PRIOR TO ANY APPROVAL CAN BE GIVEN FOR USE OF THE WELL:

WELL & PUMP TEST DATA: (Must be signed by WELL CONTRACTOR & company        performing pump test.)
The well should be pumped for a period of four (4) hours at a fairly constant drawdown water level.  Record the following:

LOCATION:__________________________________________DATE OF TEST:________________
WELL DEPTH:__________feet    WELL DIAMETER:___________inches
DEPTH OF LEDGE BELOW SURFACE GRADE___________________________feet
DEPTH OF CASING:________________feet  TYPE OF SEAL:______________________
DEPTH OF WATER LEVEL BELOW GROUND SURFACE:

 BEFORE TEST____________________FEET
 AT END OF TEST (4 HOURS)____________________FEET
 AFTER 24 HOURS____________________FEET
PUMPING RATE:

 STARTED PUMPING AT:__________AT RATE OF:__________GMP
 STOPPED PUMPING AT:__________AT RATE OF:__________GMP
DURING PUMP TEST:

DEPTH OF PUMP:__________FEET SIZE OF PUMP:__________HP
DEPTH OF PUMP TO BE INSTALLED FOR HOUSE:__________FEET
SIZE OF PUMP TO BE INSTALLED FOR HOUSE:__________HP

NAME OF WELL DRILLING COMPANY:_______________________________________________
  (Must be registered with The Commonwealth of Massachusetts)

 Authorized Signature:____________________________________________________________

NAME OF COMPANY PERFORMING PUMP TEST:_____________________________________

 Authorized Signature:____________________________________________________________
THE FOLLOWING BACTERIOLOGICAL AND CHEMICAL ANALYSES MUST BE PERFORMED, SAMPLE MUST BE TAKEN FROM A TAP IN THE BUILDING.

Total Coliform Bacteria  Total Iron  Nitrite Nitrogen Turbidity
Total Bacteria   Manganese  Nitrate Nitrogen Odor
Amonia Nitrogen   Color   Chloride  pH
Sodium    Total Alkalinity Total Hardness
 VOCs - EPA 524 or equivalent
Other parameters may be required on a case by case basis if deemed to be necessary in the opinion of the Board of Health.
 
 
 
 
 
 

MEDFIELD BOARD OF HEALTH
         REGULATIONS AFFECTING SMOKING IN CERTAIN PLACES

Section I - AUTHORITY

There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, various cardiac diseases, negative birth outcomes, allergies and irritations to the eyes, nose and throat to both the smoker and nonsmoker exposed to secondhand smoke.  Evidence further demonstrates that tobacco is extremely addictive.  More than 80% of all smokers begin smoking before the age eighteen and more than 3,000 young people begin smoking every day in this nation.  Massachusetts youths are beginning smoking at very young ages.  Therefore, these regulations are adopted pursuant to Massachusetts General Laws Chapter 111, Section 31, as reasonable health regulations designed to protect and improve the health of the residents of the Town of Medfield.

SECTION II - DEFINITIONS

As used in this regulation:

BAR means an area which is primarily dedicated to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

EMPLOYEE means any individual who performs services for an employer in return for wages or profit.

EMPLOYER means any individual, partnership, association, corporation, trust, or other organized group of individuals, including the Town of Medfield or any agency thereof, which regularly uses the services of two (2) or more employees.

ENCLOSED means a space bound by walls and under a roof.

NONSMOKING AREA means any area that is designated and posted by the proprietor or person in charge as a place where smoking by patrons, employees or others is prohibited.

PUBLIC PLACE means an enclosed, indoor area when open to and used by the general public, including but not limited to the following facilities: licensed childcare locations; educational facilities; elevators accessible to the public; clinics and nursing homes; inns, hotel and motel lobbies, stairwells, halls, entranceways, and public restrooms; libraries; schools; municipal buildings; museums; retail stores; hair cutting establishments; laundromats; retail food establishments; indoor sports arenas; theaters; beano games; auditoriums; public transit  facilities; and any rooms or halls when used for public meetings.  A room or hall used for a private social function in which the sponsor of the private function and not the owner or proprietor has control over the seating arrangements shall not be construed as a public place.

RESTAURANT  means any establishment serving food for consumption on the premises which maintains tables for the use of its customers.  This includes cafeterias and cafeterias in the workplace.

RETAIL FOOD  ESTABLISHMENT means any establishment commonly known as a supermarket or grocery store which the  primary activity is the sale of food items to the public for off premise consumption.

RETAIL STORE means any establishment selling goods, or articles or personal services to the public.

SELF-SERVICE DISPLAY means any display of tobacco products from which individual packages, multi-packages, or cartons of tobacco products may be selected by the customer.

SEATING CAPACITY means that capacity designated on the occupancy permit of a restaurant, theater, or sports arena.

SMOKING  means the lighting of any cigar, cigarette, pipe or other tobacco product or having possession of any lighted cigar, cigarette, pipe, or other tobacco product.

INDOOR SPORTS ARENA means any sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports events.

WORKPLACE  means any area within a  structure or portion thereof at which two (2) or more employees perform services for their employer.  It also includes employee lounges, rest rooms, conference rooms, hallways, stairways, and entranceways.

SECTION III -  PROHIBITION ON SMOKING IN PUBLIC PLACES

No person shall smoke in any public place except that smoking shall be permitted in specifically designated  smoking areas as hereinafter provided.  Unless specified, no place governed by these regulations shall be designated as a smoking area in its entirety.  Nothing in this section shall be construed to require the designation of smoking areas.

(A) RESTAURANTS

Effective January 1, 1994, the prohibition on smoking in public places shall apply to all restaurants.
 

(B) MUSEUMS, LIBRARIES, CLINICS, NURSING HOMES, AUDITORIUMS, INDOOR SPORTS ARENAS, HOTEL, MUNICIPAL BUILDINGS, BARS, AND OTHER PUBLIC PLACES

Smoking areas may be designated in museums; libraries; inns, hotel, and motel lobbies; clinics; nursing homes; long-term care facilities; theaters; auditoriums; educational facilities; indoor sports arenas, municipal buildings provided, however, that comparable nonsmoking areas of sufficient size and capacity are available and provided, further, that all smoking areas shall be subject to the provisions of Section III (E) REQUIREMENTS FOR DESIGNATED SMOKING AREAS COVERED BY THIS REGULATION.  Bars may be smoking areas in their entirety and shall be subject to the provisions of Section III (E). Hallways, elevators, entranceways, stairwells, restrooms and waiting areas in all the above facilities may not be designated as nonsmoking areas.  Areas designated as smoking and nonsmoking areas must be conspicuously marked.

(C) PUBLIC TRANSIT FACILITIES

The prohibition on smoking in public places shall apply to buses, taxis, and other means of public mass transit while operating within the boundaries of the Town of Medfield, and indoor platforms.

(D) RETAIL STORES
The prohibition on smoking in public places shall apply to retail stores doing business with the general public.  Smoking areas may be designated in portions of said stores not open to the public.  Retail tobacco stores may designate a smoking area that is open to the public subject to the provisions specified under Section III(E).

(E) REQUIREMENTS FOR DESIGNATED SMOKING AREAS COVERED BY THIS REGULATION

All designated smoking areas shall be subject to the following provisions and restrictions:

Smoking areas shall:
 1) be separated from the non-smoking area by location in a separate room;
 2) be vented outside so that the non-smoking area is free of any tobacco smoke;
 3) comprise no more than one third (1/3) of the total seating of the establishment;
 4) be served by a ventilation system that:
  a) is separate from the ventilation system that serves the non-smoking    portion;
  b) provides an air circulation rate of at least 35 cubic feet per minute per    person;
  c) provides at least eight (8) air changes per hour;
  d) exhausts air at a rate of 110% of supply to produce a negative air    environment.

(F) EXCLUSIONS

Notwithstanding any other provision of these regulations, the following areas shall not be subject to the smoking restrictions of the regulations:

1) Private residences;

      2) Hotel and motel rooms rented to guests;

3) Hotel and motel conference/meeting rooms, and public and private assembly rooms while these places are being used for private functions;

4) Private or semiprivate rooms of nursing homes and long-term care facilities, occupied by one or more patients, all of whom are smokers who have requested in writing on the facility admission form to be placed in rooms where smoking is permitted.

5) Limousines for hire, when the driver and all passengers affirmatively consent to smoking in such vehicles;

 6) Performers upon the stage, provided that the smoking is part of a theatrical production.

SECTION IV - IMPLEMENTATION

The proprietor(s) or other person(s) in charge of a place covered by this regulation shall prevent smoking in nonsmoking areas by:

(A) Conspicuously posting a notice or sign at each entrance to the public place indicating smoking is prohibited therein except in specifically designated areas.  In addition, conspicuously posting "Smoking" or "No Smoking" signs, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in every area where smoking is permitted or prohibited by this regulation.

(B) Arranging seating so that existing physical barriers, ventilation systems and available space are utilized to minimize the exposure to smoke of persons in the nonsmoking areas. In all public places where smoking is permitted, the restrictions under Section III (E) shall apply.

(C) Asking patrons who may be smoking in the nonsmoking area either to refrain from smoking or to move to a smoking area;

(D) Using any other means which may be appropriate and reasonable to enforce these regulations.
 
 
 

SECTION V - WORKPLACE

(A) Six (6) months after the publication of a notice of Board of Health approval of these regulations , it shall be unlawful for any person to smoke in any workplace except in specifically designated smoking areas as described in  Section IV (B).

(B) Each employer, within six (6) months of adoption of these regulations, shall specifically designate enclosed areas in which employees may smoke, provided, however, that comparable nonsmoking areas of sufficient size and capacity are available and provided, further, that physical barriers and/or  ventilation systems are used to segregate smoking areas from nonsmoking areas.

Air from this area should be exhausted directly outside and not recirculated within the building or mixed with the general dilution ventilation for the building.  Hallways, elevators, entranceways, stairwells ,restrooms and waiting areas in all the above facilities may not be designated as smoking areas.  Areas designated as smoking and nonsmoking areas must be conspicuously marked with warning signs.

(C) Each person having control of premises upon which smoking is prohibited by this regulation, or his or her agent or designee, shall conspicuously display upon the premises an appropriate number of signs reading "Smoking Prohibited by Law".

(D) It shall be unlawful for any person having control of premises upon which smoking is prohibited by this regulation to knowingly permit, or for his or her agent to knowingly permit a violation of this regulation.

SECTION VI - PUBLIC PLACES/WORKPLACE ENFORCEMENT

(A)  Any person who smokes in a nonsmoking area shall be subject to a fine of not less than twenty-five dollars ($25.00).

(B)  Any proprietor(s) or other person(s) in charge of a public place or workplace who fail(s) to comply with these regulations shall be subject to both:

 1)  a fine of one hundred dollars ($100.00) for each day a violation continues; and

2) suspension and or revocation of any permit or license issued by the Board of Health for that public place for a period of up to two days for each day of noncompliance.
(C) In addition to the remedies provided by (A) and (B) above any person aggrieved by the failure of the proprietor or other person in charge of a public place or workplace to comply with any provision of this subsection may apply for injunctive relief to enforce the provisions of this subsection in any court of competent jurisdiction.
 

(D) Any person aggrieved by the failure or refusal to comply with restrictions in any municipal building may complain in writing to the head of the department or agency occupying the area where the violation takes place.  Said agency or department head shall respond in writing within fifteen days to the complainant that he has inspected the area described in the complaint and has enforced the provisions of this section as provided herein.

(E) Violations of this regulation and penalties listed Section VI  (A) and (B) above are subject to non-criminal disposition, M.G.L.  Section 21D adopted by vote of Town of Medfield Annual Town Meeting, Article 11  April 27, 1992.

SECTION VII -  OTHER APPLICABLE LAWS

These regulations shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire codes, regulations or statutes.

SECTION VIII - TOBACCO SALES TO MINORS PROHIBITED

(A)  Sales to Minors. In conformance with Massachusetts General Laws Chapter 270, Section 6, and Medfield Board of Health Regulations Affecting Smoking in Certain Places, any proprietor(s) or other person (s) in charge of a place covered by this section or in charge of the operation of a tobacco vending machine who sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of eighteen (18) or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of eighteen, may be punished by a fine of up to one hundred dollars ($100.00) for the first offense, up to two hundred dollars ($200.00) for the second offense and up to three hundred dollars ($300.00) for any third or subsequent offense.

(B) Each retailer shall verify by means of photographic identification containing the bearer's date of birth 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 twenty-six (26).
(C) Posting State Law.  In conformance with Massachusetts General Laws, Chapter 270, Section 7, and Medfield Board of Health Regulations Affecting Smoking in Certain Places, a copy of Massachusetts General Laws Chapter 270, Section 6 shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell cigarettes or any tobacco product at retail.  The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health.  Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register.
Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 feet from the floor.  For all other cash registers that sell cigarettes or any tobacco product, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the Massachusetts Department of Public Health.  Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register.  Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than 4 feet or more than 9 feet from the floor.

The Board of Health or its enforcement officer(s) shall enforce this regulation.

Whoever violates this provision shall be punished by a fine of not more than fifty dollars ($50.00).  Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes or any tobacco product shall be punished by a fine of ten dollars ($10.00)

(D) Any person, firm, corporation, establishment or agency desiring to sell cigarettes, chewing tobacco, snuff or tobacco products in any of its forms must obtain a permit from the Board of Health.  Application for a new or renewal permit must be made annually on a form provided by the Board of Health and must include an annual fee of $25.00. Permits shall expire on December 31st of the year issued.  Applications for a permit renewal must be submitted to the Board of Health thirty (30) days prior to its expiration date.

The Board of Health is authorized to deny the issuance or renewal of a permit if the sales facility does not comply with the regulations pertaining to the retail sale of tobacco products.  The Board is also authorized to suspend or revoke a permit for cause, after notice and hearing, if the sales facility does not comply with any section of these regulations.

(E) Self-Service  Displays are prohibited.   Except as otherwise provided in this subsection, a person or entity may only sell tobacco products in a direct, face-to-face exchange between the retailer and the consumer.  Exceptions: Vending machines that are located in facilities where the retail tobacco products dealer permit holder ensures that no person younger than eighteen(18) years of age is present, or permitted to enter at any time.

(F) No person or entity may sell or cause to be sold, or distribute or cause to be distributed, any cigarette package that contains fewer than twenty (20) cigarettes.

(G) Any person or entity who fails to comply with (D), (E)  or  (F),  of this section shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars  ($200.00) as authorized in Section VI (E).

SECTION    IX  - VARIANCE

(A) The Board of Health may vary the application of any provision of these regulations with respect to any particular case when the Board of Health finds the enforcement thereof would do manifest injustice.

(B) Every request for a variance shall be made in writing on a form provided by the Board of Health and shall state the specific variance sought and the reasons thereof.  The fee for a variance request shall be determined by the Board of Health.  Notice of a variance request must be published in a local newspaper at least two weeks before the scheduled date of the public hearing.

(C) Any variance granted must be in writing with a copy available to the public at all reasonable hours in the office of the Town Clerk and in the office of the Board of Health.  Any variance granted must be posted on the premises in a prominent location for the duration that the variance is in effect.

SECTION   X- SEVERABILITY

If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.

SECTION XI EFFECTIVE DATE
These regulations shall be effective as of October 28, 1992.

     MEDFIELD BOARD OF HEALTH
          Joan F. Willgohs, Chairman
         Heidi Groff
         Neil D. MacKenzie
 
 
 
 

                                                         DRAFT

Body ART Regulations:
TOWN OF                                   BOARD OF HEALTH
RATIONALE: The Town of ____________________ is promulgating rules and regulations, which 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 public’s health by preventing diseases, specifically including, but not limited to transmission of hepatitis B and/or
human immunodeficiency virus (aids).
In addition, these rules and regulations shall establish procedures for registration with the ___________________ Board of Health (BoH) of all persons performing
body art, for the requirement of minimal training standards for the prevention of disease transmission and for knowledge of anatomy and physiology, for regular
inspection of premises wherein body art is performed, and for revocation of the registration of any person or establishment deemed in violation of the rules and
regulations promulgated under this section. An annual, non-transferable registration fee set the Town/City of __________________ shall be paid by any person or
establishment registered under this section.

  Authority.

The Board of  Health, Town/City of _______________________ Massachusetts acting  under the Authority of Massachusetts General Laws Chapter 111, section
31, 122 and Chapter 140, section 51, adopts  the following rules and regulations governing the licensing and practice of body art and the operation of an establishment for
body art.
SECTION 1- DEFINITION
1. Body Art; shall mean any method of inserting a needle into the body to place jewelry in the perforation produced by the needle and/or indelible colors, so as to leave
permanent marks or designs. Establishments and/or individuals involved in the piercing of ear(s) (only) using approved ear piercing guns are subject only to the General
Rules and Regulations found under Section 2 of this regulation.
2. Body Artist; shall mean any person who performs piercing or tattooing of any part of body other than the ear which is pierced by use of an appropriate piercing gun or
needle.
3.   Body Art Certificate of Registration (Permit); means issuance of a written instrument authorizing the person named therein to engage in the work of body art.
4.   Operator shall mean any person who owns, controls, operates, conducts or manages any body art establishment, whether actually performing the work of art or not.
5.   Minor; shall mean any person under the age of eighteen (18).
6.   'Art Studio; shall mean any room or space where piercing or tattooing is practiced or where the business of piercing or tattooing is conducted or any part thereof.
7. Antibacterial Solution; means any solution used to retard the growth of bacteria approved for application to human skin and includes all products so labeled.
8.   Germicidal Solution; means any solution which destroys germs, and is so labeled.
9. Sterilization; means holding in an autoclave for thirty (30) minutes, at twenty (20) pounds pressure, at a temperature of 275 degrees Fahrenheit.
10. Sanitary; means clean and free of agents of infection or disease.
11. Sanitized; means effective bacterial treatment by a process that provides sufficient concentration of chemicals for enough time to reduce the bacteria count including
pathogens to a safe level on equipment.
12. BoH; means the __________________________ Board of Health and it’s Agent(s).
13. Registration; means permit.

SECTION 2 - GENERAL RULES AND REGULATIONS REGARDING BODY ART.
1.   No minors shall receive body art, shall mean any person under the age of eighteen years, unless accompanied by a parent or legal guardian who has signed a consent
form.
2.   No art of the genitalia of minors shall be allowed.
3.   No piercing or tattooing of animals shall be allowed in body art studios.
4.   Pre-procedural consultation to discuss body art, its risks and potential complications shall be required with each client. An informed consent form shall be signed by
all clients. Clients shall be supplied a copy of the consent form and the consent form shall be kept on file by the body artist for a minimum 1 year.
5.  Clients should be told to consult with their physician regarding any medical condition which could be exacerbated by the body art procedures (i.e., hemophilia, open
sores, etc.).
6.   Patrons who admit to or are obviously under the influence of alcohol or other judgment altering drugs shall not receive a body art.
7.   Body artist shall not be under the influence of any substance, legal or illegal which might impair their judgement or ability to properly perform body art.
8.   Patrons shall receive verbal and written instructions on the cleaning, use of antiseptics and other specific instructions for each piercing and or tattooing before and
after the procedure, including the signs and symptoms of complications.
9.   Appropriate disinfectants must be used to disinfect the surface of the skin in the area to have the body art, prior to the procedure.
10. Infections and adverse reactions of any kind suspected from the application of body art procedure which become known to the body artist shall be reported to the
   _________________ Board of Health within 24 hours and the patron referred to a physician for examination.
11. Body artists who receive needle stick injuries and/or any potential exposure to blood-borne pathogens on the job shall follow OSHA guidelines on the reporting and
   follow up on needle stick injuries. OSHA guidelines for needle stick follow up shall be posted in employee area. (Code of Federal Regulations 29 CFR 1910.1030
   (f)).
12. It is required that body artist receive the series of Hepatitis B vaccinations and tetanus doses or booster shot. A physicians statement shall be on file with the local,
Board of Health and on record at the facility for review by the Health Department.
13. The gun used for the piercing of ear(s) only must be disinfected with an EPA-approved disinfectant such as madicide or a similar product.
14. Failure to comply with any of the above regulations may result in immediate revocation of registration (permit) and or fines per day of violation.
SECTION 3 BODY ART REGISTRATION (PERMIT).
1.   No person, or body artist shall perform body art, display a sign or in any other way advertise or purport to be a body artist unless that person holds a valid certificate
of registration, (permit) with the _________________________- Board of Health.
2.   An applicant for registration or renewal shall pay a fee as established by the ___________________ Board of Health and shall show to the satisfaction of the
BoH that the applicant:
a.   Has complied with the applicable rules on the _____________________________Board of Health.
b.   Upon application, has provided evidence in the form of a drivers license/state identification card or federal identification card that applicant is not less than 21 years
of age. A photocopy of the I.D. shall be on file.
c.   Upon application, has signed a form consenting to abide by the rules and regulations and recommended procedures on the prevention of disease transmission in body
art, sanitation, sterilization, handling of infections, universal body fluid precautions, sharp and biologic waste disposal and wound care as stated in the Federal Register of
EPA Rules and Regulations on Blood borne Pathogens.
   d.     Upon application, shall notify the _________________ Board of Health in writing of the regular address of the place where the person performs or intends to
      perform body art and shall keep the registration certificate conspicuously posted in the place of business at all times. Body art shall operated only out of facilities
      licensed to perform body art. Body art shall be required to demonstrate proper sanitary procedures and to develop and submit their policy on infection control to
      the _________________________Board of Health.
 

SECTION 4- MINIMAL TRAINING
Body art and their employees must show evidence or current certification and completing of courses in the first two areas below, prior to receipt of a certificate of
registration, (permit).
1.   Basic Training in First Aid and advanced CPR as well as proof of attendance at required renewal courses.
2.   Completion of a course on Prevention of Disease Transmission and Blood borne Pathogens, conducted by an instructor trained and sufficiently knowledgeable to
teach this OSHA course. Such knowledge shall include the requirements of standards 29 CFR 19010.1030.
3.   Body   art  registration, (Permit) shall expire on December 31 of each year.
4.   The place of business shall meet all other Health department requirements.
5.   Liability Insurance is strongly recommended for Body Artists.
6.   Body artists must present evidence of at least one year of apprenticeship experience with no history of their artistry causing short or long term health problems.
Apprentices must register with the Health Board when beginning the apprenticeship and have completed items 1 & 2 of section 4.
SECTION 5- FACILITIES AND EQUIPMENT
1.   FACILITY
a.   Facilities must be located in area zoned for this type of business.
b.   Studio design, furniture, lighting, plumbing, water and sewage must be in accordance with State Codes and local ordinances.
c.   With the exception of service animals (e.g. guide dogs); no animals should be allowed on the premises.
d.   The floor and all other surfaces shall be, at all times maintained in a clean condition. The walls and ceilings shall be kept clean in good repair at all times. Light
fixtures, decorative materials and similar equipment attached to the walls or ceilings shall be kept clean.
e.   Adequate ventilation (such as air conditioning, etc.) to keep the area dry and air circulating should be used. “Adequate Ventilation”; shall mean a free and
unrestricted circulation of fresh air throughout the body art studio and the expulsion of foul or stagnant air.) The use of a H.E.P.A. ventilation system is highly
recommended.
f.    Convenient, clean, and sanitary toilet and hand washing facilities shall be made accessible to customers. A sign shall be posted in the bathroom which forbids
insertion or handling or piercing/jewelry. The plumbing fixtures and toilet room shall be maintained in a sanitary manner and in good repair. Single service hand towels or
mechanical means for hand drying shall be provided.
g.   In accordance with state regulations proper biologic waste and sharp disposal of single-use items and needles exposed to body fluids shall be required. Only medical
grade sharps containers that are puncture-resistant, with tight-fitting-lids acceptable. A contact for “red bag waste” shall be on file with the local Board of Health.
h.   Body artists shall be equipped with appropriate sterilizing equipment.(i.e. a working steam autoclave). Autoclaves must be spore tested monthly by independent
laboratories to insure they are working adequately.
i.    Body artists shall be equipped with appropriate cleansing equipment. (i.e. a working ultrasonic cleaner.)
2.   WORK AREA
a.   Each body artist’s studio shall have a separate work area not used for any other purpose.
b.  No one shall have body art conducted on him or her at any other location in the studio other than the work area.
c.   No customer should be allowed to perform their own piercing/insertions or body artwork anywhere on the premises.
d.   Work areas shall not be used as a corridor for access to other rooms.
e.   The area where body art is to be applied must be performed in a separate room.
f.    The floors, chairs and tabletops where body art equipment and body art work is done should be non-porous. Carpet is not permitted as a floor covering in the work
area where the body art is applied.
g.   The work area should be well lighted. Work areas shall have at least fifty (50) foot candles of light measured at the height of the worktable.
h.   Facilities shall be equipped with sinks and basins with hot and cold running water for the exclusive use of the body artist for washing their hands and preparing their
clients for body piercing. The bathroom sinks shall not act as the sink for this operation.
i.    A covered waste receptacle with disposable liner bags shall be located in the work area.
j.    No person shall smoke, consume any food or drink in the work area.
k.   No other activities, (such as hair styling, etc.) shall be performed in any room designated for body art.
SECTION 6- OPERATION PROCEDURES FOR STUDIOS FOR BODY ART.
1.   SANITARY PROCEDURES BEFORE BODY ART PROCEDURE.
Body Artist Shall:
a.   Complete all business transactions.
b.   Complete client consent forms and provide a copy to the client.
Regarding Artists Jewelry:
a.   Client and artists should have appropriate size and quality jewelry chosen before the procedure begins.
b.   Only appropriate jewelry should be used in piercing. Appropriate jewelry is made of implant grade, high quality surgical stainless steel (316 E series), solid 14k or 18k
gold, niobium, titanium, platinum. Appropriate jewelry has no nicks, scratches, or irregular surfaces which might endanger the tissues.
c.   Ear studs or other jewelry designed for ear piercing are not appropriate jewelry for other body parts and must not be used by artists.
2.   HAND WASHING; GENERAL HEALTH
Before working on each patron, the body artist shall:
a.   Inspect hands for small cuts and abrasions.
b.   Refrain from body art or handling equipment if they have open sores, weeping dermatitis or lesions on hands or arms until the condition has cleared.
c.   Refrain from body art, piercing or tattooing until the condition has cleared, if they have a cold, flu or other communicable disease.
d.   Wash hands, wrists and up to elbows with antibacterial solution.
e.   Dry hands thoroughly with single use disposable towel such as a paper towel or air dry under a heat dryer.
f.    Put on medical-grade latex (or its equivalent) gloves.
SECTION  7- BODY ARTIST PROCEDURES
Body Artist Shall:
a.   Set up equipment in front of client.
b.   Sealed autoclave bags containing any equipment required to be sterile, shall be opened in front of the client, and the autoclave bag discarded.
c.   All jewelry contaminated with only airborne pathogens (not previously worn or contaminated) should be disinfected with a non-hazardous hard-surface disinfectant
approved by the E.P.A. All jewelry contaminated or potentially contaminated with blood borne pathogens (previously worn by another person) should be autoclaved,
stored in sterile indicator bags, sealed and dated.
d.   All needles and or indelible colors used in piercing or tattooing must be pre-sterilized, used on one person, in one sitting, for single piercing and immediately disposed
of in a medical sharps container.
e.   All forceps, tubes, etc. must be pre-sterilized stored in sterile indicator bags, sealed and dated, used on one person, in one sitting. After one such use, they must be
autoclaved and stored in sterile indicator bags, sealed and dated.
SECTION 8- DISINFECTIONS ROUTINE
Body Artist Shall:
a.   Put on fresh (non Latex) gloves for disinfection routine.
b.   Move in such manner to avoid re-contamination of surfaces.
c.   Discard disposable items and remove from areas.
d.   Remove plastic barrier film (if used) and disinfect surface areas, drawer pulls, cabinetry, telephones, lamps, chairs) sinks, ultrasonic tanks, tables, chairs, floor area
and any other surfaces that might have become contaminated.
e.   Dispose of single use (disposable) lap cloths.
f.    Remove gloves, wash hands and discard gloves.
g.   Double bag or use bio-hazard bags and discard materials after each client.
h.   Discard materials in medically appropriate manner.
1.   All reusable non-sterilizable implements such as marking pen should be nonporous and disinfected after each use with an EPA approved hard-surface disinfection
liquid.
2. Non-spray wipes for surfaces and liquids for soaking jewelry are preferred over spray disinfectants which may disperse pathogens into the air.
J.   Cleansing with ultrasonic cleaners should be the rule for removal of bacitracin or other triple antibiotic solutions, blood and other particles from a used contaminated
implement (i.e. jewelry, forceps, insertion tapers, and pliers) followed by steam autoclave.
k.   Steam autoclave must be used on all equipment~that may come in contact with the client or the jewelry (i.e. receiving tubes) rubber bands, insertion tapers, forceps,
files, gauge wheels, pliers, etc.). Equipment shall be bagged, dated and sealed and stored in a non-porous, dark dry cool place such as a medical Credenza) etc. Spore
indicators shall be used with each load to ensure spore eradication. Instruments shall be autoclaved at a temperature of 273 degrees F under pressure of 20 PSI for 30
minutes from start.
l. Autoclaves shall be spore tested by independent laboratories at lease once every month to induce efficacy. Immersion in cold germicidal solutions provides incomplete
sterilization and is inappropriate. Appropriate ear piercing guns should only be used for piercing ear(s) and shall not be used for piercing any other body part.
m.  Iodine, antiseptics and other ointments used shall be applied with single use applicators. Applicators that have touched a client once may not be used to retrieve
antiseptics, iodine, etc. from containers and shall be disposed of after single use.
DISPOSAL OF WASTE IN ACCORDANCE WITH INFECTIOUS WASTE REGULATIONS.
1.   Bar setups, piercing needles) razor blades or other sharp instruments which are not to be sterilized shall be disposed of in medically approved sharp containers that
are puncture resistant and have tight fitting lids.
2.   Containers of sharp wastes shall be sent to a facility where they are either incinerated or otherwise rendered non-hazardous.

3.   Disposable waste shall be placed in easily cleanable, closed containers with tight fitting lids, to prevent leakage or spoilage.
4.   Waste containers shall be kept closed when not in use.
5.   Disposable waste shall be handled, stored, and disposed of to minimize direct exposure of personnel to waste materials.
6.     Only waste haulers licensed by the _____________________ Board of Health's may be used for disposal of waste materials.
7.     A copy of the contract with a waste hauler shall be provided upon request to the Health Agent.
SECTION 8- MOBILE ESTABLISHMENTS:
1.   Mobile body art studios shall not be allowed to operate in the Town of _________________.
SECTION 9- FEES
1.   A registration (permit) fee in the amount established by the Town of _________________ shall be required of all persons registering as body artist.
2. Payment of fees shall be made at the ________________________ Board of Health Department, _______________________ Street,
______________________, MA. CHECK MADE PAYABLE TO THE TOWN OF _________________________.
3. A REGISTRATION FEE OF $100.00 PER FACILITY AND $25.00 PER OPERATOR IS HEREBY ESTABLISHED.             FEES ARE UP TO YOUR
BOARD.
SECTION 10- ENFORCEMENT PROCEDURES:
The Body Artist registration shall be suspended immediately upon notice to the holder (without a hearing) when BoH has reason to believe that an imminent health
hazard exists.
1.   In all other instances of violation of the provisions of this administrative regulation the _______________________ Board of Health shall serve the registrant
(PERMIT HOLDER) a written notice specifying the violation(s) and afford the registrant or certificate holder a reasonable opportunity to correct the same and or the
issuance of a non-criminal ticket and or court complaint.
a.   Whenever a registrant has failed to comply with any written notice issued under the provisions of this administrative regulation the Registration.
b.   The holder of the body art registration (permit) shall be notified in writing that the registration or certificate shall be suspended at the end of ten (10) days following
the service of the notice unless a request for a hearing is made within the (10) day period. This does not prohibit the BoH to suspend a permit after a hearing.
c.   Any person whose registration has been suspended may make a request in writing for reinstatement of the registration.
d.   For serious or repeated violations of any of the requirements of this administrative regulation or for interference with the BoH in the performance of its duties, or for
persons found guilty of any crime related to body art, the body art registration may be permanently revoked after an opportunity for a hearing has been provided.
e.   Every person who shall perform body art without a certificate of registration may be penalized by indictment or on complaint brought in the district court. Except as
may be otherwise provided by law and 'as the district court may see fit to impose, the maximum penalty for each violation, or offense brought in such a manner, shall be
three hundred dollars per violation per day.
f.      Body Art of minors - Every person who shall perform body art on any minor under the age of eighteen, (18) without the written consent and presence of a parent or
   legal guardian for parts other than the genitalia areas of minors which shall not be pierced or tattoo, may be penalized by indictment or on complaint brought in the
   district court. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation, or offense
   brought in such a manner, shall be three hundred dollars, per violation per day.

g.  TICKET ENFORCEMENT UNDER G.L. c. 40 s 21D:
          Board of Health Body Art regulation.
A.   Fine allowed: one hundred dollars ($100.)
B.    Enforcement Agent: Board of Health Agent
C.    Fine Schedule: first offense, twenty five dollars ($25.00); second offense, fifty dollars ($50.00); third and subsequent offenses, one hundred dollars ($100.00)
SECTION 11 - SEVERABILITY
If any section, paragraph, sentences, clause, phrase or word of this ordinance shall be declared invalid for any reason whatsoever, that decision shall not affect any other
portion of these regulations.
SECTION 12 Effective Date:
December          , 2000
By vote of the: Board of Health
._______________________________
._______________________________
._______________________________
 
 
 

  Application for Body Art Certificate of Registration, (Permit) in the Town of _________________
Complete and return this form with registration fee (made payable to: Town of _________________.
_____________________________ Board of Health
Town Hall ________________ Street
__________________________, MA 01
Upon satisfactory review of the application and receipt of the registration fee, a numbered registration certificate, (Permit) will be issued by the
_________________________ Board of Health.
New Application _______       Renewal__________
1.   Name:______________________________________________
      (Last Name)    (First Name)    (Middle)
2.   Date of Birth:_______________________
                  (Month)     (Day)   (Year)
3.   Identification Card:___________________________________
State Drivers License or State Identification Card
4.   Facility Name:_______________________________________
5.   Facility Address:_____________________________________
6.   Facility Telephone:___________________________________
7.   Provide the following:
A.  Evidence of course completion in Preventing Disease Transmission. (Applicant must show a dated certificate of completion from either American Red Cross or
Association of Professional Body Artist.
B.  Evidence of current certification in First Aid/CPR. (Applicant must show a dated certificate of completion of a course in First Aid/CPR which demonstrates the
required course was completed within the last two (2) years).
C.  Proof of completion of a course in Anatomy and Physiology
D.  Proof of one (1) year of apprenticeship training.
 
 
 

APPLICANT/BODY ARTIST STATEMENT OF CONSENT:
I understand that this registration expires on December 31 of this year. I understand that any notice required to be given by the _____________________Board of
Health to me may be given by mailing the notice to the address of the last place of business facility address) of which I have notified the _______________________
Board of Health. I have received a copy of the __________________ Board of Health's regulations and recommended infection control procedures regarding body
piercing. I agree to abide by these regulations and procedures. I agree to work only out of facilities that are in compliance with ____________________ Board of
Health requirements. I agree to post the following valid and updated documents conspicuously in my place of business at all times:
Certificate of Registration for all body art working in the facility, A signed copy of an agreement to comply with ________________ Board of Health Rules and
Regulations for Body Art, which contains the Recommended Procedures and Infection Control Practices for Body Art.
A signed copy of compliance with ______________________ Board of Health Recommended Procedures and Infection Control Practices for Body Art.
I hereby certify, under pains and penalties of perjury, that to the best of my knowledge, the information provided on this application is complete and accurate and not
misrepresented in any way.

Date
Signature:_____________________________
Name and Title (print)_______________________________
Office Use Only:   [      ]       Approved Effective
Date: _________________   Registration
Fee Paid: _____________
[ ] Disapproved, Comment: _________________________________________
 

                                            CLIENT'S CONSENT FORM
A client consent form for receiving body art MUST contain at least the following information and must be kept on file by the Body Art for a minimum of three years.
Clients Name:__________________________________
Record of Clients Form of Identification NOTE: for your own protection, make a photocopy of both sides of the identification card). Photo ID only. IF YOU HAVE
ANY DOUBTS ABOUT THE AUTHENTICITY OF THE IDENTIFICATION, DO NOT CONDUCT A BODY ART PROCEDURE ON THE CLIENT!
Signed statements from the client which include the following:
I certify that I am at least 18 years of age and have provided legitimate identification to validate this.
I am not currently under the influence of alcohol or drugs that might impair my judgment.
I have:
[ ] reviewed ordinance section on sanitary procedures for body art,

[ ]been informed of the risks of receiving body art, including the possibility of allergic reaction to jewelry and materials,
[ ]been given a care/instruction sheet on how to take care of my body art,
[ ]been informed of procedures for reporting any complications with the body art to the body artist and to medical personnel.
Client's Signature: _________________________________