Rutgers Law

New Jersey Statutes, Title: 45, PROFESSIONS AND OCCUPATIONS

    Chapter 5b:

      Section: 45:5b-9.1: Mobile facility operation, structure requirements, ADA compliance; chair or booth rental license, scope of services.

          4. a. To be licensed as a shop pursuant to section 9 of P.L.1984, c.205 (C.45:5B-9), a mobile facility shall comply with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and additionally shall display a permanent sign indicating the name of the shop, which shall be clearly visible to the general public from the exterior of the shop, and shall contain:

(1) a minimum of 75 square feet of floor space;

(2) one lavatory including a toilet, hand washing facilities, and a door;

(3) one shampoo basin with hot and cold running water and a reclining chair;

(4) a designated area for cleaning and disinfecting implements and tools;

(5) one ultrasonic unit for cleaning metal implements and tools;

(6) a clean, closed receptacle for storage of sanitized implements and tools at each work station;

(7) a closed container for clean linens;

(8) a closed container for soiled linens;

(9) a closed waste container accessible to each work station;

(10) hair drying facilities or hair drying equipment;

(11) a dispensary or place where supplies are prepared and dispensed; and

(12) any other equipment necessary to provide the services offered by the shop in a safe and sanitary manner.

b. A mobile facility licensed as a manicuring or skin care specialty shop by the board shall be required to have at least one sink in the work area with hot and cold running water but shall be exempt from the requirement for a shampoo basin required pursuant to subsection a. of this section.

c. A mobile facility licensed as a barbering shop shall be required to contain at least one chair with an adjustable headrest suitable for performing shaving services.

d. A mobile facility shall maintain a stationary position whenever an individual therein is engaged in one or more of the practices included in the definition of cosmetology and hairstyling, barbering, beauty culture, manicuring, hair braiding or skin care specialty.

e. A mobile facility wherein an individual is engaged in one or more of the services included in the definition of cosmetology and hairstyling, barbering, beauty culture, manicuring, hair braiding or skin care specialty shall not operate within 300 feet of a shop licensed by the board to perform such services and that is not a mobile facility unless the mobile facility is:

(1) parked outside the home of a customer receiving services;

(2) lawfully participating in an event, including, but not limited to, a municipal or county function; or

(3) affiliated with the licensed shop.

f. A mobile facility shall require a chair or booth rental license and the practitioner license to be clearly displayed for a practicing licensee with a chair or booth rental license and who has a business arrangement to rent a chair or booth from the mobile facility.

g. A practitioner who holds a chair or booth rental license who provides services in a mobile facility under a chair and booth rental arrangement shall not offer services beyond the scope of services that the mobile facility is licensed to provide.

L. 2021, c.275, s.4; amended 2023, c.231, s.6.

This section added to the Rutgers Database: 2024-04-11 15:15:47.

Older versions of 45:5b-9.1 (if available):

Court decisions that cite this statute: CLICK HERE.