03-897Council File # �3_�
Ordinance #
Green Sheet # �v�S��P
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OF SAINT PAUL, MINNESOTA �
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Presented By
Referred To
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Committee: Date
An ordinance to amend Saint Paul Legislarive
Code Chapter 412 to require massage facility
owners to apply for an environxnental plan
review and pay a fee for new construction and/or
remodeling of the facility as well as provide for
change of ownership inspections and fees.
9 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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11 Section 412.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
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15 Sec. 412.02. Definitions.
Section 1
16 As used in this chapter, the terms defined in this section shalf have the following meanings ascribed to them:
17 � Adequate or approved means acceptable to the director, - oriii�izier-�gents
18 following his or her determination as to conformance with public health practices and standards contained in
19 existing health, building, housing, fire, food protection, or other applicable codes.
20 �) Chan,ge of ownership means when a licensed business is sold or transferred to another person, husiness
21 ar corporation. A change of ownership, as it relates to an environmental plan review, does not include the
22 chanein� or addine of officers to an existin�partnership or corporation ar chan¢e of a mailing address.
23 (3) Director means the director of the environmental health section of the city o�ce of license, inspections
24 and environmental protection (LIEPI or his/her desi ated a�nt.
25 �Massage means anX method of applying pressure on, or friction against, or rubbing, stroking, kneading,
26 tapping or rolling of the external parts of the human body with the hands or with the aid of any mechanical
27 ar electrical apparatus, appliance or device with ar without such supplemental aids as rubbing (isopropyl)
28 alcohol, liniment, antiseptic oil, powder, cream, lotion, ointment or other similar prepazation. The practice of
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1 massage shall not include and is distinct from the practice of inedicine, surgery, osteopathy, chiropra�ti�,
2 physical therapy or podiatry. Persons duly licensed or registered to practice medicine, surgery, osteopathy,
3 chiropractic, physical therapy or podiatry, and nurses who work under the direction of such persons, aze
4 hereby expressly excluded from the requirements of this chapter, provided the massage is administered in
5 the regulaz course of a prescribed or authorized medical treatment and not provided as part of a separate and
6 distinct massage business. Beauty culturists, barbers and cosmetologists who do not give, or hold themselves
7 out to give, massages other than those customarily given in such shops or places of business for the purposes
8 of beaurification only, and persons who give massages only incidentally to their general occupations and
9 receive no compensation specifically for giving massages, shall also be excluded from the provisions of this
10 chapter.
11 �Massage centers, as defined in section 60.213 of this Code.
12 �Obscene and obscene worl� as defined in Chapter 274 of this Code.
13 (71 Remodel means any reconsmxction, alteration or repair that requires structural, plumbin¢, mechanical
14 and/or electrical permits; chan¢ine the location of walls: expandin¢ the area of the facilitv; substantially
15 chan¢ine or expandine the character of the business. Remodel does not include replacine a piece of
16 equipment with a like piece of equipment: replacine wall, floor or ceiling finishes; repositioning equipment:
17 rop vidin ng ew equipment that does not significantiv alter the character of the business. The directar shall
18 have discretion in determimnQ when this section applies.
19 �Therapeutic massage practitioner means a person who practices massage as defined herein and conducts
20 massage services from a licensed massage center or licensed home location pursuant to Chapter 412 of the
21 Legislative Code.
22 (C.F. No. 93-1644, § 2, 12-30-93)
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Section 2
26 Section 412.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
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28 Sec. 412.04. Fee.
29 The required fee for a Class A, Class B license alone with the fees for an environmental plan review and
30 chanee of ownership review, shall be established by ordinance as specified in section 310.09(b) of the
31 Legislative Code. A separate license shall be obtained for each place of business. The licensee shall display
32 the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for a
33 period of twelve (12) months.
34 (C.F. No. 93-1644, § 4, 12-30-93)
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Section 3
37 Section 412.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
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Sec. 412.06. Construction and maintenance requirements.
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(a) CZass A. The following requirements shall apply to the construction and maintenance of all Class A
therapeutic massage centers:
4 (1) All therapeutic massage centers and restrooms and bathrooms used in connection therewith shall be
5 constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor-to-
6 wall and wall-to-wall joints shall be constructed to provide a sanitary cove with a min;mum radius of one (1)
7 inch.
8 (2) All restrooms used in connection with all therapeutic massage centers shail be provided with mechanical
9 ventilation with two (2) cubic feet per minute per squaze foot of floor area, a minimum of fifteen (15)
10 footcandles of iilutninarion, a hand-washing sink equipped with hot and cold n,nning water under pressure,
11 sanitary towels and a soap dispenser.
12 (3) Each therapeutic massage center established shall have a janitor's closet, which shall be provided for the
13 storage of cleaning supplies. Such closet shali have mechanical venrilation with two (2) cubic feet per
14 minute per square foot of floor azea and a minimum of ten (10) footcandles of illumination. Such closet shall
15 include a mop sink.
16 (4) Floors, walls and equipment in therapeutic massage centers, restrooms and in bathrooms used in
17 connection therewith must be kept in a state of good repair and sanitary at all times. Linens and other
18 materials shall be stored at least six (6) inches off the floor. Sanitary towels, wash cloths, cleaning agents
19 and toilet tissue must be made available for each customer.
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(5) If individual lockers are made available for use by patrons, such lockers sha11 have separate keys for
locking.
(6) Doors on massage rooms shall not be locked during the giving of a massage. All massage rooms shall be
clearly marked by signs.
(7) All massage tables, bath tubs, shower stalls, bath areas and floors sha11 have surfaces which can be
readily disinfected.
(8) Facilities for bathing, dressing, locker, toilet and massage sha11 be provided in such a way as to ensure
privacy for female and male patrons.
(9) The premises shall have adequate equipment for disinfecting and sanitizing nondisposable instruments
and materials used in administering massages. Such nondisposable instruments and materials sha11 be
disinfected after use on each patron.
(b) Class B. The following requirements shall apply to the construction and maintenance of a11 Class B
home location licenses:
(1) A room for conducting massages must be separate from normal living spaces.
(2) The massage room must be provided with a closable door that separates it from normal living space.
(3) A bathroom with a handsink must be easily accessible to the massage room for use for the massage
therapistand patron.
(4) The handsink must be equipped with hot and cold nuLng water under pressure, sanitary hand towels, a
nail brush and soap.
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(5) The floors and walls located in the bathroom and massage room must be made of material that is
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impervious to moisture, bacteria and mold growth.
(6) The floors and walls must be easy to clean and sanirize and must be kept in a state of good repair at all
tunes.
(7) All equipment and fixtures used in conjunction with this license must be made of materials that are
impervious to moisture, bacteria and mold growth.
(8) All equipment and fixtures must be easy to clean and sanitize and must be kept in good working order at
all times.
(9) A m;n;mum of fifteen (15) footcandles of illumination must be supplied to the bathroom and massage
room.
(10) All cleaners and sanifizers shall be stored separate and away from the bathroom and massage room.
(11) Sanitizers shall be a disinfectant approved by the director of environmental health or his or her agent.
(12) All supplies or equipment must be stored at least six (6) inches off the floor on approved shelving or in
a closed cabinet.
(13) All iinens, towels, etc., shall be changed between uses.
(14) All equipment shall be cleaned and sanitized between uses.
(15) All linens and towels shall be machine washed. All linens and towels shall be washed sepazate from
personal articles.
(c) CZass B. The following requirements shall apply to storage of equipment only in any and a11 Class B
home location licenses;
(1) All equipment and supplies shall be stored so as to prevent contamination and accumulation of soil.
(2) All equipment and supplies shall be stored sepazately from personal belongings and normal dwelling
space.
(3) Equipment and supplies shall be stored at least six (6) inches offthe floor on approved shelving or stared
in a closed cabinet.
(4) All equipment sha11 be made out of materials that are impervious to moisture, bacteria and mold gowth.
(5) Equipment must be made to be easy to clean and sanitize and must be sanitized between uses.
(6) All equipment, tables, etc., shall be sanitized with a disinfectant solution approved by the director a€
(7) All cleaners and sanitizers shall be stored away from other equipment and supplies used in conjunction
with this license.
(8) All linens and towels shall be changed between uses.
(9) All linens and towels shall be machine washed. If done at home, linens and towels shall be washed
according to standards set by the director .
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(10) The location where cleaning is to be done must have at least ten (10) footcandles of illumination.
2 (C.F. No. 93-1644, § 7, 12-30-93)
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Section 4
Section 412.08 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 412.08. Submission of plans and specificarions.
10 Lal Errvironmental plan review required. A person shall not begin to construct, extensivelv remodel, or alter
11 a massaee center until the director has reviewed and approved the plans and specificarions required by this
12 subsection. The massaee center shall be conshucted and fimshed in conformance with the a�proved plans.
13 The director mav inspect the massa¢e center as frequently as deemed necessarv durine construction to
14 ensure that construction occurs in conformance with this chapter. The director shall conduct a final
15 inspection prior to the start of operations and issuance of an approved license. If work has commenced UriOr
16 to approval of plans when required, the director mav issue orders to halt the construction, extensive
17 remodeling, exnansion, or alteration, or mav issue orders, including demolition or removal, if reasonably
18 necessarv to determine compliance with the standazds of this chapter.
19 �b� All persons who hereafter construct, exterrsively remodel or convert buildings or facilities for use as a
20 massage center shall conform and comply in their construction, erection or alteration with the requirements
21 of this chapter. Two copies of plans and specifications for such layout, arrangement, and plumbing and
22 construction materials of the massage areas, and location, size and type of equipment and facilities shall be
23 filed by the owner to LIEP. The plans will be reviewed and retained by the environxnental protection and
24 building inspection and design sections of LIEP. A building permit shall not be issued for any such
25 construction, remodeling or alteration until such permit shall have the approval of the
26 directoreri��.
27 (C.F. No. 93-1644, § 10, 12-30-93)
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Section 5
31 Section 412.09 of the Saint Paul Legislative Code is hereby amended to read as follows:
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33 Sec. 412.09. Inspection by city officers and identification of employees.
34 � During any hours in which any person is present on the licensed premises, a11 therapeutic massage
35 centers shall be open to inspection by city environmental health, fire, zoning, building and license
36 inspectors, and police officers. Upon demand by any police officer, any person engaged in providing
37 services in any licensed premises shall identify himself/herself giving his/her hue legal name and his/her
38 correct address.
39 Lb��e of ownership review required. Upon a chanee of ownership of a massaee center, the director
40 shall conduct a chan�e of ownership review of the premises to determine compliance with the requirements
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of this chapter•
(C.F. No. 93-1644, § 12, 12-30-93)
Section 6
Section 412.10 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 412.10. Rules and regulations; environmental health director may promulgate.
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The director may upon notice and hearing promulgate such rules as he or she deems
necessary to carry out the provisions and purposes of this chapter, to protect the public heaith and to provide
for safe and sanitary operation of massage equipment. Notice of promulgation of such rules and the hearing
date shall be given to all licensees and notice of the hearing date published once in the legal newspaper. The
notice shall advise that at the hearing written or oral comments on proposed nxles will be received, and how
a copy of the proposed rules can be obtained. Such rules shall be effective aRer such hearing when filed in
the office of the city clerk. Violations of such rules shall be sufficient grounds for adverse action against
licenses issued under this chapter.
(C.F. No. 93-1644, § li, 12-30-93)
Section 7
This ordinance shall take effect and be in full force thirty (30) days following its passage, approval and
publication
Adoption Certified by Council Secretary
By:
. � Date_ /�
By:
Requested by Department of:
Office of License, Inspections and
Environmental Protection
sY: Q{�.���� � I�o-0�
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Form Approv d by City A�ney
By: � �
Approved � Mayor for Subm�ss�.qn t�
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Adopted by Council: Date /� s/�3
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� Green Sheet Green Sheet
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Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartrneM/office/council: , Date Initiated: v �
�p — Licease/inspeaion/EnvironProt 18-SEP-03 G reen Sheet NO: 3005462
CoMad Person 8 Phone• � Deoartrnent SeM To Person Initial/Date i
V rginia Paimer � 0 'ceose/InsoecfiodEnviron Pro � I
266-8770 Assign i - Attorn
Must Be on Council Agentla by (Date): Number z avor•s OfSce I (
.� p Fo.
Routing 3 ooncil
Order 4 a or•s Office
5 i lerk
Tofal # of Sigrtalure Pages _(Clip Alt 6ocations for Sigrtature)
Action Requested:
Approval of an ordinance amending Saint Paul Legislative Code Chapter 412 requiring massage facility owners to apply for an
environmernal plan review and pay a fee for new construction and/or remodeling of the facility as well as provide for change of I
ownership and inspection fees.
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Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contraci for this departmenY?
CIB Committee Yes No
Civi� Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curzent city employee? �
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet
Initiating Pcoblem, Issues, Opportunity (Who, What, When, Where, Why):
This proposal is part of Mayor Kelly's 2004 Proposed Budget for LIEP. Currently, the Environmentai Health Section does not collect
fees for the extra work involved in conducting plan review activities.
AdvanWges If Approved:
LIEP will be able to recoup reasonable cosu necessary to conduct environmental health plan review activities.
�Disadvantapes If Approved: .
Increased costs to massage pazlor owners.
Disadvantaqes If Not Approved:
Plan review activities for massage pazlors will not be funded.
TotalAmountof �ti�,�yrs¢i?, ae¢��U .. L
Transac6on:
CosHRevenue Budgeted:
Funtlinp Source: Activity Number. �� � � ���
Financiaf Infortnation:
t
(Explain)