Standards Conditions

Standards Conditions
PUBLIC PROTECTION DIVISION
222 UPPER STREET LONDON N1 1XR
STANDARD CONDITIONS FOR SPECIAL TREATMENT PREMISES
London Local Authorities Act 1991 - 2000
GENERAL
These conditions apply to all premises for which a special treatment licence has been granted.
LICENCE
1.
The licence is personal to its holder. The licence cannot be transferred by the licence
holder to any other person unless the licence holder has followed the procedures for
transfer prescribed in Part II of the Act and the Council's Rules Governing
Applications.
2.
The licence is only valid in respect of the premises named on the licence. The licence
cannot be transferred by the licence holder to any other premises unless the licence
holder has followed the procedures for transfer prescribed in Part II of the Act and the
Council's Rules Governing Applications.
3.
Licences are normally granted for a maximum period of twelve months. This period is
either from 1 April to 31 March or 1 October to 30 September.
4.
The establishment specified in the licence may only carry out treatments which are
specified on the licence. If any alteration is required an application for the variation of
the licence must be made to the Council in the manner specified in the Council's
Rules Governing Applications.
5.
The licensee, if a sole proprietor or a partnership, shall at once notify the Council in
writing of any change in the name or private address of the licensee(s) or if a
company within the meaning of the Companies Act 1985, or any Act amending the
same shall forthwith notify the Council in writing of any change in the registered office
address or in the constitution of the directorate of such company during the currency
of this licence.
6.
Proposed changes in the name, title or style of the premises licensed as a special
treatment establishment shall be notified to the Council and shall not be put into effect
until an amended licence is issued. This can only be carried out where there is no
change in any other circumstances other than for example the name or title of the
premises. If any other circumstances change for example the type of treatment
offered, or the address of the premises, an application for a variation or transfer of
licence is required.
7.
The licence shall be displayed in a prominent position within the licensed premises at
all times.
PLANNING PERMISSION
8.
Licences are granted without prejudice to any planning permission which may be in
force. Licensees are advised to ensure that the premises comply with any planning
restraints that may be in force.
NOTICES
9.
All notices and advertisements issued by or on behalf of the establishment shall bear
the trade name, style or title specified in the licence. The names of individual
assistants or employees must not be given in such notices or advertisements.
STAFF
10.
The licensee shall not, except with the written consent of the Council, employ in the
conduct of the establishment or allow any direct or indirect interest in the business any
person:
•
whose licence has been revoked or to whom a licence has been refused on the
grounds that such a person is unsuitable to hold a licence to carry on an
establishment for special treatment.
•
who is unsuitable to be so employed on the grounds that misconduct in
connection with the employment of such a person in a special treatment
establishment has been proved to the satisfaction of the Council.
PERSONS WHO CAN GIVE TREATMENT
11.
Only those persons currently registered by the Council may give Special Treatment
and may only give those treatments specified on the registration document. Such
persons shall wear an identification card supplied by the Council.
12.
Treatment may also be given by other persons provided:
a)
the persons giving treatment is under the direct personal supervision of a
persons approved by the Council;
b)
the person has applied to the Council for registration for the treatments
provided;
c)
the applicant for registration has not been notified in writing that they are
required to cease giving treatment (in these cases the employer, if known,
would also be advised).
ADVERTISEMENT
13.
The licensee shall keep in the premises, arranged or filed in order of date, a copy of
each advertisement or circular issued by the licensee or on behalf of the licensee for a
period of six months from the date of the issue of the advertisement. The copies shall
be open to inspection by an officer and are to be produced on request.
14.
The licensee shall not advertise in a public convenience or conveyance or in any
place in which the public assemble, any massage or special treatments carried on at
the establishments. (This will not apply to an advertisement in or on the premises of
the establishment or to any advertisement in any newspaper or periodical which may
be exposed for sale in any public place in which the public assemble).
CONDUCT OF BUSINESS
15.
The licensee shall not do, suffer, or permit in the premises any act of an indecent or
disorderly character and shall take all reasonable steps to exclude from the premises
a customer or any other person who has committed such an act in the premises.
16.
A licensee shall not employ any person in the premises licensed for special treatment
who has been convicted of any indecent or immoral act related to the giving of special
treatment without the prior consent of the Council. Where consent of the Council is
refused the licensee will not employ the person within the licensed premises.
17.
The licensee shall ensure that all employees at the premises are decently and
properly attired.
18.
The licensee shall not permit or suffer the door of any room or place in the premises
to be locked whilst any person is within it.
19.
The licensee shall not cause to be published any advertising in words or pictures
suggesting that there is an erotic element in the treatment provided.
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RECORDS
20.
The licensee shall keep records of:
a)
all persons employed giving the name, age, private address, qualifications and
the terms of remuneration;
b)
name and address of all persons receiving treatments, the type of treatment
given, the name of the person giving treatment, and the date the treatment was
given.
21.
These records shall be kept on the premises named in the licence.
22.
No person shall make a false entry into any records required to be kept as a condition
of the grant of a licence.
23.
A manager or other person directly or indirectly responsible for the management of
the premises shall be under the same obligation as the licensee to comply with and
secure the observance of conditions on grant of a licence.
24.
These records should be available for inspection by Authorised Officers.
CLEANLINESS OF STRUCTURE
25.
All internal walls, doors, windows, partitions, floors and floor coverings, and ceilings in
any part of the premises used by clients and operators shall be kept clean and in such
good repair as to enable them to be cleaned effectively.
26.
There shall be provided in every treatment room suitable floor covering which shall be
smooth, impervious and durable and shall be maintained in a clean condition.
TREATMENT ROOMS
27.
If there is no separate sterilisation room, two distinct areas should be designated
within the treatment area – clean and dirty – with all cleaning of contaminated
equipment taking place only in the latter, as far from the areas where treatments are
conducted as possible. A partition is to be erected to create a physical barrier
between the treatment area and the dirty area.
28.
No floor covering likely to present a tripping hazard or any other obstruction which
could cause any person to fall onto an appliance should be permitted to be in the
treatment area.
29.
There shall be adequate light and ventilation to any treatment or waiting room either
by natural or artificial means.
30.
There shall be provided, in respect of a wash-hand basin, soap and a supply of
disposable paper towels available at all times.
31.
There shall be provided in every treatment and waiting room, suitable and sufficient
means for heating and a reasonable room temperature shall be maintained.
32.
Where it is intended that more than one person shall be treated in a room, suitable
screening shall be provided to maintain privacy. Screens are to be capable of being
effectively cleaned. In the case of ultra violet tanning equipment the positioning of
such screens or curtains should ensure that people not using the equipment are not
exposed to ultra violet radiation emitted from the equipment.
33.
The doors to treatment rooms shall not be capable of being locked, any door shall be
fitted so that its opening cannot be impeded and the door should be capable of being
opened from the outside by a member of staff.
34.
There shall be provided in every treatment room, excluding those used solely for ultra
violet tanning, a suitable wash-hand basin or basins provided with an adequate supply
of hot and cold water.
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CLEANLINESS OF FURNITURE AND FITTINGS
35.
All furniture, floor coverings and fittings in the treatment area shall be kept clean and
in such good repair as to enable them to be cleaned effectively. Carpets and curtains
should be excluded from the treatment areas.
36.
All tables, couches and seats used by clients in the treatment area and any surface on
which the items specified in condition 38 below are replaced immediately prior to
treatment shall have a smooth impervious surface which is wiped down regularly with
a suitable disinfectant.
37.
Where tables or couches are used, they shall be covered by a disposable paper sheet
which shall be changed for each client.
STERILISATION/CLEANSING INSTRUMENTS, MATERIALS AND EQUIPMENT
38.
For the purpose of securing the cleansing and, so far as is appropriate, the
sterilisation of instruments, materials and equipment used in connection with the
treatment a licensee shall ensure that, before use in connection with treatment, any
gown, wrap or other protective clothing, paper or other covering, towel, cloth or other
such articles used in the treatment:
a)
is clean and in good repair, and, so far as is appropriate, is sterile;
b)
has not previously been used in connection with any other client unless it
consists of a material which can be and has been adequately cleaned and, so
far is appropriate, sterilised.
39.
A licensee shall ensure that any needle, metal instrument, or other item of equipment
used in treatment or for handling instruments and needles used in treatment so far as
is appropriate, is in a sterile condition and kept sterile until it is used.
40.
A licensee shall provide:
a)
adequate facilities and equipment for the purpose of sterilisation (unless presterilised single use items are used) and of cleansing, as required in pursuance
of these conditions;
b)
adequate storage for all items mentioned in conditions 38 (a) and 38 (b) above,
so that those items shall be properly stored in a clean and suitable place so as
to avoid, as far as possible the risk of contamination.
NEEDLES
41.
All needles used in the treatments must be placed after use either:
a)
in the case of needles or bars which will be re-used, in a suitable disinfecting
solution prior to cleaning and sterilising;
b)
in the case of disposable needles in a puncture and leak proof box which is
clearly marked 'sharps'. The box and its contents must be disposed of in a
manner approved for clinical waste.
42.
Under the Controlled Waste Regulations 1992 and the Environmental Protection Act
1990 operatives/licence holders have a duty of care to ensure that all clinical waste
i.e. used dressings, swabs etc (infected or not) and used needles are collected and
disposed of by a licensed contractor. A waste transfer document shall be available at
the premises for inspection.
43.
The clinical waste bags shall be yellow and marked as ‘Biohazard – clinical waste’
and whilst awaiting collection should be stored in a secure area.
WASTE MATERIALS
44.
All waste material, and other litter arising from the treatment, shall be placed in
suitable covered receptacles, which are washable and leak proof, or a leak proof liner
bag should be used. The receptacles shall be emptied, or the bags changed, at least
once every working day, or more frequently as necessary, and the material disposed
of safely. Where liners are not used, the receptacles shall then be cleaned.
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PERSONAL
45.
Any person carrying out a treatment must ensure that:
a)
his/her hands are kept clean and washed immediately prior to carrying out any
treatment;
b)
he/she is wearing clean clothing, operators should wear disposable, single use
aprons;
c)
he/she keeps any open boil, sore, cut or open wound on an exposed part of
his/her body effectively covered by an impermeable dressing;
d)
he/she does not smoke or consume food or drink during the course of the
treatment.
SHOWERS
46.
In premises providing body treatments involving the application of heat by saunas,
solarium, steam bath or turkish baths, suitable and sufficient showering facilities shall
be provided.
SKIN PIERCING
47.
Skin piercing, including body piercing and tattooing, may only be carried out using
equipment approved by the Council in accordance with current standards and practice
relating to the treatment.
HOT AND COLD WATER
48.
An adequate, constant supply of clean hot and cold water shall be readily available on
the premises at all times.
LASERS
Please refer to separate Standard Conditions for Laser & IPL treatments.
NAIL BARS
49.
Training to National Occupational Standards Level 3 Nail Services, any technician
trained to level 2 must be supervised by someone holding level 3. Any other
qualification must have equivalent content. The content of the training can be found
at www.ukstandards.org.
50.
The condition of the client’s nails should be examined prior to any treatment and if
there is any sign or suspicion that there is any infection present, the client must be
recommended to seek medical attention.
51.
No electric ‘drills’ to be used on the natural nail bed. They may only be used on the
acrylic tip by a nail technician who has received training in the safe use of electric
tools. Evidence of training must be kept on site.
52.
All tools, including drill accessories, are to be disinfected before use on any client.
There must be a sufficient quantity of tools to allow for disinfection between clients.
Disposables to be used wherever possible.
53.
Clean, washable overclothing to be worn.
54.
All premises must have good general ventilation, at least 10 litres per second per
person, to reduce exposure to vapours from nail products and solvents. Where there
is insufficient natural air flow through the building, mechanical ventilation may be
required. Local exhaust ventilation to remove dust and vapour as close to site of
production as possible must also be used.
55.
Written aftercare information to be given to client about maintaining the nail
extensions.
56.
Client records; name, address, telephone number, date of treatment and name of
operative, must be kept for at least 3 years and be available for inspection at the
premises.
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ULTRA VIOLET TANNING EQUIPMENT: SUNBEDS AND TANNING BOOTHS
57.
The licensee shall draw up a schedule of maximum exposure times based on
information supplied by the manufacturer and the operator shall advise clients of
suitable exposure levels to avoid over-exposure particularly during initial sessions.
58.
Warning notices and guidance notes approved by the Council shall be clearly
displayed near the machine informing users of the equipment of the dangers of overexposure.
59.
Suitable goggles for the protection of the eyes of users of the equipment must be
provided and each user must be advised of the possible dangers of failing to properly
protect the eyes from ultra violet light. No user of the equipment should be allowed to
undertake treatment without such protection.
60.
Records must be kept of the hours of use of each machine and these records shall
show when the tubes are replaced.
Tubes must be replaced at intervals
recommended by the manufacturer, together with the ultra violet transmitting plastic
sheet if fitted.
61.
Ultra violet lamps should be effectively protected from persons coming into contact
with the lamps. Suitable means of achieving this protection would be the completion
of the lamp enclosure with ultra violet radiation transmitting material, embedding the
lamps within reflectors, or by covering with a grille or mesh. The protection should be
of adequate mechanical strength which should not be impaired through repeated
exposure to ultra violet radiation. In the case of lamps that might explode, the
protection should be capable of containing fragments.
62.
Only replacement tubes completely compatible with those supplied by the
manufacturer of the appliance and of the same spectral output and energy emission
as the original equipment fitted shall be used.
63.
A suitable readily identified emergency device shall be fitted within easy reach of a
person using the equipment. The device, when operated, should switch off ultra violet
lamps, summon assistance, and where an upper canopy or door is electrically
operated raise or open the canopy or door. Canopies/doors not electrically operated
must rise/open freely.
64.
The surface of the bed/booth must be cleansed after each use with a suitable
cleanser as recommended by the manufacturer of the appliance, or covered with a
disposable impervious film which is changed between each client.
65.
Prospective users of the equipment shall be asked to complete a confidential
questionnaire before using the appliance to establish whether any conditions exist
which would indicate that use of the appliance could have an adverse effect on the
health or safety of the user.
66.
An automatic timer shall be fitted to the equipment and shall be of good quality with an
accuracy of + - 10% and shall be such that the user is unable to increase the duration
of treatment.
67.
Equipment must be situated in a suitable room or cubicle and so positioned that
adequate ventilation and cooling is provided, so that the temperature rise in the
enclosure due to the operation of the equipment does not exceed 5°C.
68.
These conditions, in so far as they relate to matters of health, hygiene and safety, are
subject to amendment in accordance with any change in the requirements of the
relevant statutory provisions or on the recommendation of the Health and Safety
Executive.
SAUNAS
69.
The sauna should be provided with:
a)
a thermometer indicating the temperature inside the sauna;
b)
a readily identifiable emergency device to summon assistance;
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c)
a glass observation panel in the door to allow staff to monitor the welfare of
clients in the sauna;
d)
a clock or timer to enable clients to record their length of stay in the sauna;
e)
a temperature control device which can only be increased above 90°C by a
member of staff;
f)
a guard rail or barrier surrounding the hot coals which extends at least 100mm
above the height of the coals.
g)
a heater which is provided with an external casing which is not capable of
becoming hot, i.e., the surface remains below 40°C, or a fence which completely
surrounds the heater to prevent accidental contact with the hot surface.
h)
adequate lighting;
i)
high and low level vents to provide adequate ventilation;
j)
the sauna stove should be fitted with a thermal cut out device which is activated
if the temperature in the sauna rises above 105°C.
WHIRLPOOLS / JACUZZIS / SPA BATHS / AERATED WATER BATHS ETC
70.
The licensee is to ensure that any spa or aerated water bath is operated in a safe and
hygienic manner in accordance with appropriate guidelines on pool operation.
71.
Suitable and compatible treatment chemicals are to be used to maintain a consistent
water quality. Regular testing of the water is to be carried out by or on behalf of the
licensee to confirm that the water is chemically and bacteriologically within acceptable
limits.
72.
Persons responsible for the supervision, operation, testing of water and cleaning of
the pool are to have such qualifications and/or experience as are required by the
Council. The operation of the pool includes work with the water treatments system,
filter pump and valve.
73.
The licensee is to keep records of all chemical and bacteriological tests required in
condition 71 above. These records are to be kept on the premises for a period of not
less than two years. An Officer of the Council must be allowed to view these records
on request.
74.
The licensee is to comply fully with the requirements of the approved Code of Practice
"The control of legionellosis including legionnaires' disease" produced by the Health
and Safety Executive, in relation to the assessment of risk from the operation of the
pool.
MEANS OF ESCAPE IN CASE OF FIRE
75.
All Means of Escape in Case of Fire and all safeguards to prevent the spread of fire
and any arrangements in connection therewith shall be kept and maintained in good
condition and repair and in efficient working order.
FIRE-RESISTING DOORS
76.
All self-closing fire-resisting doors shall be maintained effectively self-closing and free
from any means of holding the doors in the open position. Fire-resisting doors to
ducts, service shafts and cupboards shall be kept locked shut.
EXITS
77.
All exits and exit routes shall be maintained unobstructed, immediately available for
use and clearly identifiable.
FIRE FIGHTING APPLIANCES
78.
Fire fighting appliances shall be maintained and kept available for immediate use.
79.
At least once in every 12 months an inspection and maintenance report in respect of
all fire extinguishers shall be obtained from a 'Registered Firm' and kept on the
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premises. Fire blankets shall be maintained in accordance with the manufacturer's
instructions.
CURTAINS,DECORATIONS ETC
80.
Curtains, hangings or draperies, together with their linings, and any decorations shall
be non-flammable.
ESCAPE LIGHTING
81.
Escape lighting installations shall be tested by a person with experience of battery
installations at regular intervals not exceeding six months and a certificate that the
batteries have been tested and maintained shall be obtained and kept on the
premises.
ARTIFICIAL LIGHTING
82.
Adequate lighting shall be provided and maintained in all parts of the premises to
which members of the public and staff have access.
VENTILATION
83.
Adequate ventilation shall be provided and maintained within the premises.
MEANS OF HEATING
84.
Portable heating appliances shall not be used at the premises except with the prior
consent of the Council.
GAS INSTALLATION
85.
The gas installation shall comply with the current Gas Safety Regulations.
SANITARY ACCOMMODATION
86.
Suitable and sufficient sanitary accommodation shall be provided and be available for
use by staff and clients. The sanitary accommodation shall be maintained and kept in
a clean and hygienic condition.
ELECTRICAL INSTALLATION
87.
The electrical installation for the premises shall be inspected, tested and maintained in
accordance with the British Standard 7671. A Periodic Inspection Report shall be
obtained from a “competent person” at the appropriate intervals (e.g. up to a
maximum of five years or a shorter period as specified on the Report) and submitted
to the Council.
88.
The inspection certificate shall be signed by a person who shall be one of the
following:
•
a professionally qualified Electrical Engineer;
•
a member of the Electrical Contractors' Association;
•
an approved contractor of the National Inspection Council for Electrical Installation
Contracting, or
•
a qualified person acting on behalf of one of the above (in which event it shall be
stated for whom he/she is acting).
ELECTRICAL APPLIANCES
89.
An inspection and test shall be carried out on all portable electrical appliances within
the premises as required by the Electricity at Work Regulations 1989. The inspection
shall also include fixed appliances used for treatment of the public. The tests shall
ensure that the electrical appliances comply with these Regulations and the relevant
parts of British Standard 7671.
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90.
A certificate shall be submitted to the Council at 12 monthly intervals by a person
described in Condition 89 above. Guidance about maintenance can be obtained from
the Health & Safety Executive, Memorandum of Guidance HS(R)25.
FIRE ALARM SYSTEM
91.
A fire alarm audibility test shall be carried out weekly at a predetermined time by using
a different call point for each successive test to ensure that the fire alarm system and
sounders operate satisfactorily.
92.
Routine maintenance of the complete system shall be carried out by a competent
person at intervals not exceeding 6 months and a test certificate obtained. The
results of the tests and a record of the maintenance shall be kept on the premises in a
log book.
If you would like this document in large print or Braille, audiotape or
in another language, please telephone 020 7527 2000.
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