§ 62-5021. Generally.

(a)

It shall be unlawful for any person to operate, own, conduct or carry on, or permit to be operated, owned, conducted or carried on, any leisure spa establishment of any type or kind, including but not limited to a leisure spa, leisure spa service business, or any leisure spa business or service offered in conjunction with or as part of any health club, health spa, resort or health resort, gymnasium, athletic club or other business, without compliance with the provisions of this article.

(b)

In addition to the general requirements contained in division 1 of this article, a leisure spa establishment shall observe the following special requirements:

(1)

Dressing rooms shall be proportioned to the maximum number of persons or patrons who are expected to be in them at one time, excluding attendants and assistants, and providing a minimum of 12 square feet per person or patron. Separate dressing rooms shall be provided for men and women. Floors shall be of a smooth, impervious material with a nonslip surface and shall be covered at the wall junction for thorough cleaning. Each dressing room area shall contain floor drains. Partition walls shall be covered from the floor to 30 inches above the floor with ceramic tile or other impervious material.

(2)

One shower shall be provided for each ten men or women, based upon the maximum number of persons who are expected to be using shower facilities at one time, and separate shower facilities shall be provided for men and women. Floors and partition walls shall be constructed as required in subsection (b)(1) of this section for dressing rooms. Each shower will be constructed of ceramic tile, other impervious material, or single molded material. Each shower shall provide hot and cold running water.

(3)

One locker shall be provided for each patron who is expected to be on the licensed premises at one time, which shall be of sufficient size to hold clothing and other articles of wearing apparel. Each locker shall be capable of being locked by the patron with no one else having the key so long as the patron is using the locker, or the locker shall be under the constant attention and supervision of the attendant.

(4)

Each room or enclosure where leisure spa services are performed shall be provided with lighting of a minimum of five footcandles as measured four feet above the floor, which lights shall remain on at all times during business hours, and one light capable of providing 50 footcandles of light in all corners of leisure spa bath, shower or toilet rooms, which light shall be turned on when cleaning these areas.

(5)

The premises shall have adequate equipment for disinfecting and cleaning nondisposable instruments and materials used in administering leisure spa services. Such materials and instruments shall be cleaned after each use. Methods of cleaning and sanitizing shall be approved by the director of consumer health services consistent with the practices accepted by the National Sanitation Foundation, American Academy of Sanitarians or Center for Disease Control.

(6)

Closed cabinets shall be provided for use of all storage equipment, supplies and clean linens. All used and soiled linens and towels shall be kept in water soluble linen bags designed to hold infectious linen and kept in covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage cabinets.

(7)

Clean linen and towels shall be provided for each leisure spa patron. No common use of towels or linens shall be permitted.

(8)

Oils, creams, lotions or other preparations used in administering leisure spa services shall be kept in clean containers or cabinets.

(9)

Each room or enclosure where leisure spa services are performed shall contain a handwashing sink with hot and cold running water. Each technician shall wash his or her hands in hot running water, using soap or disinfectant, before and after administering a massage to each patron.

(10)

All walls, ceilings, floors, pools, lavatories, showers, bathtubs, steam rooms and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use.

(11)

If male and female patrons are served, separate rooms or enclosures for leisure spa services shall be provided.

(12)

No person shall consume food or beverages in leisure spa work areas, nor shall there be any smoking in leisure spa work areas.

(13)

Animals, except guide dogs, shall not be permitted in leisure spa establishments.

(14)

The premises shall be equipped with a service sink for custodial services, which sink shall be located in a janitorial room or custodial room separate from leisure spa service rooms. Such sink is to be properly connected to hot and cold running water and to a sewer system.

(15)

Leisure spa services of a person by another person who displays or exhibits specified anatomical areas are prohibited.

(16)

No person shall perform leisure spa services on the genitals or pubic area of another person.

(17)

It shall be unlawful for a leisure spa employee, owner or independent contractor to perform leisure spa services on a patron of the opposite sex.

(Code 1979, § 14-263)