101.1 The purpose of this Subtitle is to prevent disease, sanitary nuisances, and accidents that threaten or impair the public’s health and safety, and to prevent any modifications that result in unsanitary operations or danger to public health or safety.

101.2 This Subtitle:

1. (a) Establishes minimum standards for the design, construction, operation, and maintenance of barber, cosmetology, and personal grooming facilities;
2. (b) Establishes minimum operational standards for sterilization, sanitation, cleaning and safety of the establishment, equipment, supplies, and work surface areas;
3. (c) Set standards for maintenance and replacement of supplies, equipment, and operational systems;
4. (d) Establishes recordkeeping and reporting requirements;
5. (e) Establishes prohibited conduct within barber, cosmetology, and personal grooming facilities;
6. (f) Establishes licensing requirements, and associated fee schedules;
7. (g) Provides for enforcement through inspections, summary suspensions, suspension, and revocation of licenses, including the examination, embargo, or condemnation of unsanitary equipment, disposable and non-disposable equipment, single-use products, wipes, gloves, linens, supplies, ointments, and disinfectants;
8. (h) Establishes fines and penalties; and
9. (i) Establishes definitions for this Subtitle.

101.3 This Subtitle shall not apply to:

1. (a) Persons licensed pursuant to § 501 of the Health Occupations Revision Act of 1985, effective March 2, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.01), as defined in this Subtitle;
2. (b) Laser hair removal performed in medical settings by or under the

supervision of persons licensed pursuant to § 501 of the Health Occupations Revision Act of 1985, effective March 2, 1986, (D.C. Law 6-99; D.C. Official Code § 3-1205.01), as defined in this Subtitle;

(c) Retail establishments' application of cosmetic products to another person in connection with the sale, or attempted sale, of such products without compensation from such other person other than the regular retail price of such merchandise; or

(d) A license is not required of any individual providing makeup, special effects, or cosmetology services to an actor, stunt person, musician, extra, or other talent as a "qualified production" defined in the "Film DC Economic Incentive Act of 2006", effective March 14, 2007 (DC Law 16-290; D.C. Official Code § 2-1204.11.c (9)). Such services are not required to be performed in a licensed salon. Individuals exempt under this subsection may not provide such services to the public.

101.4 Certain provisions of this Subtitle are identified as critical. Critical provisions are those provisions where noncompliance may result in a health hazard. A headnote that is denoted in this Subtitle as "(Critical Section)" is a critical item.

101.5 Certain provisions of this Subtitle are identified as noncritical. Noncritical provisions are nuance items where noncompliance is less likely to result in a health hazard. A headnote that is denoted in this Subtitle as "(Non-critical subsection)" is a noncritical item. However, a critical item may have a provision within it that is designated as a "(Non-critical subsection)" following the provision.

SOURCE: Final Rulemaking published at 68 DCR 013026 (December 10, 2021).