614

IMMINENT HEALTH HAZARDS — CEASING FACILITY OPERATIONS AND EMERGENCY REPORTING(Critical Section)

614.1

The Department shall summarily suspend operations, or, a licensee shall immediately discontinue operations and notify the Department, whenever barber, cosmetology, or personal grooming facility is operating with any of the following conditions:

1. (a) Extensive fire damage that affects the facility's ability to comply with this Subtitle;
2. (b) Serious flood damage that affects the facility's ability to comply with this Subtitle;
3. (c) Loss of electrical power to critical systems, including but not limited to cleaning, disinfecting, and sanitizing equipment, lighting, heating, cooling, or ventilation controls;
4. (d) No water, or an unplanned water outage, or insufficient water capacity in violation of § 305.1(e);
5. (e) Incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of § 306.3;
6. (f) Unapproved plumbing systems, or plumbing system supplying potable water that may result in cross-connection contamination of the potable water system in violation of § 305.1(c);
7. (g) A sewage backup or sewage that is not disposed of in an approved and sanitary manner in violation of § 305.1(b);
8. (h) A cross-connection between the potable water and non-potable water distribution systems, including but not limited to landscape irrigation, air conditioning, heating, or fire suppression system;
9. (i) A back siphonage event;
10. (j) Toilet facilities or sinks that are not properly designed, constructed, installed, or maintained in violation of the most recent versions of the District of Columbia Construction Codes, as specified in § 102.1(g)(3) of this Subtitle;
11. (k) Mechanical and ventilation systems that are not properly designed, constructed, installed, or maintained in violation of the most recent

versions of the District of Columbia Construction Codes, as specified in § 102.1(g)(2) of this Subtitle;

(l) Operating without following procedures to prevent contamination by not placing contaminated, reusable instruments or equipment in a labeled covered container containing an EPA-registered bactericidal, viricidal and fungicidal until cleaned and disinfected in accordance with the manufacturer's instructions in violation of 25-E DCMR § 203.2 and 203.3;

(m) Gross unsanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin;

(n) Failing to maintain the premises of a barber, cosmetology, or personal grooming facility free of unnecessary items and litter in violation of §§ 402.1 through 402.6, 403.1, 403.2(a)–(c), and 403.3;

(o) Failing to minimize or eliminate the presence of insects, rodents, or other pests on the premises of a barber, cosmetology, or personal grooming facility premises in violation of 25-E DCMR § 403.4, and 403.5; or

(p) Operating a barber, cosmetology, or personal grooming facility with a pet or other live animal on the premises in violation of 25-E DCMR § 403.6.

614.2 In addition to the imminent health hazards identified in § 614.1, the Department shall summarily suspend operations if it determines through an inspection, or examination of records or other means as specified in § 609.1, the existence of any other condition which endangers the public health, safety, or welfare, including but not limited to:

(a) Owning, operating, or managing a facility or performing a cosmetic procedure without a valid license issued by the Mayor in violation of § 600.1;

(b) Owning, operating, or managing a facility or performing cosmetic procedures with an expired or suspended license in violation of § 600.2;

(c) Owning, operating, or managing a facility without a valid Certificate of Occupancy in violation of § 600.3;

(d) Employing or allowing an unlicensed individual to provide barbering, cosmetology, or personal grooming services in violation of § 600.4;

(e) Employing or allowing a barber, cosmetologist, or personal groomer with an expired or suspended license to provide barbering, cosmetology, or

person grooming services in violation of § 600.5;

(f) Operating a facility without a person-in-charge who is on duty and on the premises during all hours of operation in violation of § 200.2 and 200.7;

(g) Operating a facility without a licensed barber, cosmetologist, or personal groomer who is on duty and on the premises during all hours of operation in violation of § 200.3;

(h) Failing to maintain records in violation of §§ 203.10, 205.1, 205.3, 208.1(d), (e), and (f), 209.1, 201.1(c), 211.1, 212.5 and 212.9;

(i) Failing to allow access to Department representatives during the facility's hours of operation and other reasonable times as determined by the Department; or hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of § 609.6;

(j) Operating a facility without EPA-registered disinfectants or evidence that an EPA-registered disinfectant is not being used properly to thoroughly clean implement and equipment after each client in violation of 25-E DCMR §§ 203.5(a)(1) – (3), 203.10.10(a), 203.14, 306.13, 500.3(c) and (k), 502.3(b), 502.4(b)(1), and 503.1(l); or

(k) Operating in the absence of potable water supplied under pressure, in a quantity which, in the opinion of the Director of Health, is capable of meeting the needs of the facility, in violation of §§ 102.1(g)(3), 306.1, and 306.3.

614.3 When any of the conditions listed in §§ 610, 614.1, or 614.2 of this Subtitle exist, the Department may post a sign that states:

FACILITY CLOSED. This facility is closed until further notice by the Director of the Department of Health for imminent health hazard(s) in violation of § 614 of the District's Barber, Cosmetology, and Personal Grooming Facilities (Barber Shops, Beauty Shops, Braid Shops, Nail Salons) in Subtitle 25-E of the District of Columbia Municipal Regulations.

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