TITLE 3
LEGISLATIVE RULES
BOARD OF BARBERS AND
COSMETOLOGISTS
SERIES 5
OPERATION OF BARBER,
BEAUTY SHOPS,
AND SCHOOLS OF
BARBERING AND BEAUTY CULTURE
§
3-5-1. General
1.1. Scope - This legislative rule
governs the sanitary
requirements
of the operation of barber and beauty shops and
schools
of barbering and beauty culture as adopted by the Board of
Barbers
and Cosmetologists (hereinafter Board).
1.2. Authority - W. Va. Code §
30-27-10. Related - W. Va.
Code §
30-27-1, et seq.
1.3. Filing Date - May 11, 1992
1.4. Effective Date - July 1, 1992
1.5. Repeal and Replace Former Regulations
- This rule
repeals
and replaces the former rule titled "Operation of Barber
and
Beauty Shop and Schools of Barbering and Beauty Culture",
3 CSR
3, filed December 7, 1990, and effective July 1, 1991.
§
3-5-2. Sanitation and Operation
Requirements
2.1. All barber or beauty shops or schools of
barbering and
beauty
culture must have cross, or approved, air ventilation before
opening.
2.2. All shop's or school's respective toilets
and adjoining
rooms
used in connection therewith must be kept clean, sanitary,
well
lighted and ventilated at all times.
The use of chunk alum,
powder
puffs and styptic pencils in any such shop or school is
prohibited. No pets such as cats, dogs, birds, etc.,
shall be kept
in or
allowed to inhabit shops or the entrance to such shops or
schools.
2.3. Each barber, cosmetologist, instructor and
student shall
thoroughly
cleanse his or her hands with soap and water immediately
before
serving any patron.
2.4. Each patron must be served with clean,
freshly
laundered
linen which is kept in a closed cabinet used for that
purpose
alone. All linens immediately after
being used shall be
placed
in a receptacle used for that purpose alone.
2.5. A freshly laundered towel or paper neck
strip must be
placed
around the neck of every patron so that the chair cloth or
shampoo
apron does not come in contact with the patron's skin.
2.6. The wiping of hands or instruments of any
kind on linen
being
used in prohibited.
2.7. The headrests of all barber chairs must
possess an
attachment
allowing a change of paper for each customer.
Used
shaving
papers must be deposited in a receptacle used for that
purpose
alone.
2.8. All barber or beauty shops must be
equipped with hot
and
cold running water piped to hot and cold water faucets of a
lavatory. For purposes of this rule, a lavatory is
that plumbing
fixture
commonly used for hand washing. An
individual lavatory
shall
be provided for each barber chair in all barber shops, and
shall
be located in the working area of each barber chair. Waste
water
must be drained through proper plumbing facilities into the
public
sewer system. The use of steamers,
sterilizers, bowls or
receptacles
of any kind into which to put hot towels, or hot water,
is
prohibited.
2.9. All rooms used for barber or beauty shops
must be
equipped
with all implements, supplies, sterilizers, linen and all
other
equipment and requisites necessary to perform any or all of
the
services usually rendered in barber or beauty shops. Shops
located
in residences must have a private entrance, proper toilet
facilities
and must be confined strictly to rooms used exclusively
for
barbering or beauty culture services.
2.10. Every barber or cosmetologist who uses
hair brushes must
have
at least six (6) in use. After each
brush is used, it must be
thoroughly
washed and immersed in an approved disinfectant solution,
dried
and placed in a cabinet sterilizer until used again.
2.11. Every barber or cosmetologist must have at
least twelve
(12)
combs in use. Every comb must be washed
and thoroughly
sterilized
after each use. Every barber must have
at least two (2)
neck
dusters in use, and each must be kept clean at all times.
2.12. All razors, scissors, tweezers, needles,
blades and
other
instruments shall be thoroughly cleaned and disinfected by
immersion
in an approved disinfecting solution, after they have
been
in use, and such tools, instruments and appliances shall, when
not
in use, be kept in a dry cabinet sterilizer.
Massage cups,
glass
applicators and metallic accessories must be detached after
each
use and thoroughly washed, disinfected and then placed in a
dry
sterilizer. The bottom blade of all
clippers shall be sponged
with
a small pledget of cotton that has been dipped in an approved
disinfectant
before each use.
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2.13. Waving fluid, or other liquid
preparations, must be
applied
to the hair only through a sanitary dispenser, or by
dripping,
pouring, or spraying on the hair.
2.14. All rollers must be cleaned and sterilized
after each
patron
and, when not in use, kept in a closed cabinet used for that
purpose
only.
2.15. The advertised price of a permanent wave
must include a
shampoo
and all other preparations necessary prior to giving the
wave,
and every act necessary to complete the permanent wave. The
manager
of each shop will be held responsible for seeing that the
shop
has on hand at all times all supplies required to give each
individual
permanent wave advertised, by name, by that particular
shop.
2.16. Each barber or cosmetologist and student
barber or
cosmetologist
shall be held responsible for keeping his or her
individual
chair, work stand, mirror, drawers, individual
sterilizers
and entire booth or stand clean and neat during working
hours. Each such barber or cosmetologist practicing
in any capacity
must
keep his or her entire personal appearance clean and neat, and
above
reproach at all times.
2.17. Every barber or cosmetologist must have
adequate cabinet
space
for storing tools and accessories only.
Each barber or
cosmetologist
must have an approved, compartment-type, individual
dip
sterilizer, which must be of sufficient size to allow combs to
be
completely submerged. Dip sterilizers
may be made of glass, or
other
noncorrosive materials, and must contain, at all times, an
adequate
fresh supply of an approved disinfectant.
Combs, brushes
and
other implements shall be washed in soap and water prior to
being
placed in the dip sterilizer, and shall be dried before being
placed
in the cabinet sterilizer.
2.18. No person practicing barbering or beauty
culture, in
any
capacity, is permitted to remove warts, moles or skin blemishes.
No
person may attempt to treat any disease of the skin or scalp.
Persons
desiring, or in need of treatment of any disease, must be
referred
to a licensed physician.
2.19. Floors must be kept clean and free from
hair, and where
possible,
mopped each day. Where cuspidors are
used, they must be
cleaned
at least once a day, and a disinfectant solution left in
them
at all times.
2.20. Any member of the Board or its agents may
enter and
inspect
any barber or beauty shop or school of barbering or beauty
culture
during business hours to check any part of the premises in
order
to ascertain whether or not any part of these rules are being
violated,
and to take any other action necessary to properly enforce
the
law.
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2.21. A copy of this rule must be framed and
posted in a
conspicuous
place in every barber or beauty shop and school of
barbering
or beauty culture. Licenses must be
framed and posted
near
each barber and beauty chair or work stand.
2.22. Failure on the part of the owner, manager
or employees
to
comply with this rule is a violation of law and sufficient cause
for
the Board to revoke, or decide not to renew any applicable
license.
2.23. For the purposes of this rule, an approved
disinfectant
means
a one-thousandth (1/1000) solution of quarternary ammonium
salts
of high germicidal activity, or its equivalent.
§
3-5-3. Duty to Carry Out Rules,
Reporting and Complaints
3.1. It shall be the duty of the proprietors of
all barber
or
beauty shops, barber or beauty schools, and all licensed barbers,
cosmetologists,
students, and others to assist in carrying out the
provisions
of this rule by reporting any violation to the Board or
any
of its duly authorized agents.
3.2. Complaints may be presented to an
inspector at the time
of
inspection or may be mailed to the Board.
Complaints will be
investigated
as promptly as possible.
§
3-5-4. Administrative Due Process
4.1. Those persons adversely affected by the
enforcement of
this
rule shall have the right to request a contested case hearing
in a
manner pursuant to the provisions of W. Va. Code § 29A-5-1
et seq.
§
3-5-5. Severability
5.1. If any provision of this rule, or the
application
thereof,
to any person or circumstance is held invalid, such
invalidity
shall not affect the provisions or applications of this
rule
which can be given effect without the invalid provision or
application,
and to this end, the provisions of this rule are
severable.
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