BOROUGH
OF NORWOOD
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ORDINANCE
NO. 04:13
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sp; AN
ORDINANCE AMENDING CHAPTER 157
OF
THE CODE
OF
THE BOROUGH OF NORWOOD, ENTITLED
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"MASSAGE
ESTABLISHMENTS"
WHEREAS, in 2003 the Mayor and Cou= ncil of Borough of Norwood adopted Ordinance No. 03:02 regulating massage establishments, and these provisions were codified as Chapter 157 of the Co= de of the Borough of Norwood; and
WHEREAS, on October 30, 2003, the = New Jersey Division of Consumer Affairs, New Jersey Board of Nursing, promulgat= ed regulations to require the certification of massage, body work, and somatic therapists and to regulate the conduct of this type of business to protect = the public health, N.J.A.C. 13:37-16.1 to -16.6 and 13:37-5.5, pursuant to the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-5= 3 to -67, which was adopted as P.L. 1999, c.19, effective February 8, 1999, and these regulations pre-empt provisions of Chapter 157 of the Borough’s Code; and
WHEREAS, the purpose of this ordin= ance is to repeal the pre-empted provisions of Chapter 157 of the Code and repla= ce it with provisions that are consistent with the new State regulations.
NOW, THEREFORE, BE IT ORDAINED by = the Mayor and Council of the Borough of Norwood as follows:
Section 1: Section 157-1 of the Code of the B= orough of Norwood is amended to add the following definitions:
Certified Massage Practitioner - A person who = is certified by the State of New Jersey to provide massage, bodywork, and soma= tic services pursuant to the Massage, Bodywork and Somatic Therapist Certificat= ion Act, N.J.S.A. 45:11-53 to -67, and the regulations promulgated thereunder, N.J.A.C. 13:37-16.1 to -16.16.
Section 2: Section 157-5(A) of the Code= of the Borough of Norwood shall be amended to add the following:
(12). Only the requirements of the following subsections of this section 157-5(A) shall apply to massage establishments operated by State certified massage practitioners: (7), (9), (10), and (11).
Section 3: Section 157-5(B) of the Code= of the Borough of Norwood shall be amended to add the following:
(10). The requirements of this subsection 157-5(B) shall not apply to mass= age practitioners who are certified by the State, but only to the extent that t= he massage practitioner performs massage, bodywork and somatic services for wh= ich he or she is certified.
Section 4: Section 157-6 of the Code of= the Borough of Norwood shall be amended to add the following second sentence:
Every license issued pursuant to this ordinance shall include a current photograph of the person to whom the license is iss= ued.
Section 5: Sections 157-8 and 157-10 of= the code of the borough of Norwood shall be amended to add the following introductory phrase before subsection A:
Except for massage establishments that are operated by massage practitioners who are certified by the State:
Section 6: All ordinances or parts of ordinan= ces that are inconsistent with the provision of this ordinance are hereby repea= led, but only to the extent of such inconsistencies.
Section 7: The provisions of this ordinance a= re severable. If any part of this ordinance is declared to be unconstitutional or invalid by any court, the remaining parts of this ordinance will remain in full force and effect. = &nb= sp; Section 8: This ordinance shall take effect u= pon passage and publication in accordance with law.
Passed second reading:
ATTEST: = &nb= sp;
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Lorraine L. McMackin, = Michael B. Kaplan, Mayor
Borough Clerk
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