(1) Cosmetology school premises shall be large enough to accommodate:
- (a) a clinic area with not less than 20 square feet of area for each student in attendance, but not less than 100 square feet;
- (b) a lecture room properly equipped for demonstration or practical purposes, with adequate space for one arm chair or desk and chair per student in attendance, but no fewer than five arm chairs or desks and chairs; and
- (c) a basic room completely separated from the lecture and clinic rooms sufficiently large to accommodate five students.
(2) Every school shall have, and maintain in good working condition, equipment sufficient to support the curriculum for its student body. The following shall be the minimum equipment required at all times at a licensed cosmetology school for students in attendance in any specific room:
- (a) Two Shampoo Sinks and Chairs for the first group of five students or fewer, and one additional Sink and Chair for each additional group of five students or fewer;
- (b) One All Purpose Chair per student in attendance, but no fewer than five All Purpose Chairs;
- (c) One Dryer with Accompanying Chair for the first group of five students or fewer, and one additional dryer for each additional five students or fewer;
- (d) Two Manicure Tables for the first group of five students or fewer, and 1 additional Manicure Table for each additional five students or fewer;
- (e) Cold Waving Equipment; and
- (f) Cleaning and disinfection supplies and equipment sufficient to comply with all applicable regulations.
- (3) Every school shall provide each student with an individual, secure space sufficiently large to keep students' effects.
- (4) Every school shall maintain accessible lavatories in accordance with applicable laws and regulations.
- (5) All cleaning and disinfection regulations applicable to salons shall apply to schools. Each school shall follow procedures to ensure that school premises, equipment and personnel meet reasonable sanitary and safety conditions.
- (6) Every school shall at all times be in the charge of and under the immediate supervision of licensed instructors.
- (7) Every school shall regularly have in attendance during school hours at least one approved instructor for 15 students or fewer, and shall have in attendance one approved instructor or assistant instructor for each additional 15 students or fewer. No instructor, assistant instructor or lecturer may supervise or teach more than one class at the same time.
- (8) Instructors in schools shall be licensed instructors, assistant instructors or approved lecturers competent to impart instruction in those branches of cosmetology which they teach. Instructors, assistant instructors and lecturers shall not be permitted to perform any work on a paying customer on school premises except incidentally to instruct students in the school clinic.
- (9) No school shall, directly or indirectly, accept any remuneration or make any charge for services rendered by its students in the course of their practical training. However, a school may impose a reasonable charge for materials used and clinic operation costs.
- (10) No school shall permit any student to practice hairdressing, manicuring or aesthetics on a person paying for services.
- (11) Every school shall display, in conspicuous places or at each of its entrances, signs in display lettering at least two inches in height stating the following:
ALL WORK IN THIS SCHOOL IS DONE BY STUDENTS. CHARGES ARE FOR MATERIALS USED AND CLINIC OPERATION COSTS ONLY. NO CHARGE FOR SERVICES.
(12) Annexes. After obtaining Board approval, any school licensed by the Board may offer instruction at a separate street address in addition to the street address indicated on its license, and such additional street address shall be referred to as an "Annex" in 240 CMR and shall be subject to the following requirements:
- (a) A school wishing to obtain Board approval to operate an Annex must submit an application completely and properly filled out in the manner prescribed by the Board, attested to under the pains and penalties of perjury by the same individual who has obtained the license to operate the school. The application must include a complete description of the intended use of the Annex.
(b) Applications for an Annex must include a floor plan meeting the following requirements:
- 1. The floor plan must identify the function the Annex is being used for, such as for lecture/basic room purposes.
- 2. Annexes may not be utilized for clinics.
- 3. Publicly available lavatories that are easily accessible to students must be open for use at all times the Annex is utilized.
- (c) Applications must include a copy of a local occupancy certificate, building permit, or Board approved equivalent.
- (d) The Board may require a site visit prior to approving the use of an Annex.
- (e) Schools must be licensed for at least six months prior to seeking approval for the use of an Annex. However, in the event an existing school with a Board approved Annex requires a new license due to a proposed change of ownership, the new owner, once licensed, may continue to utilize the existing Annex.
- (f) A school may utilize an Annex to meet the basic premises requirements of 240 CMR 4.02(1) through (11), subject to the approval of the Board.
- (g) A school may be approved to use multiple Annexes.
(h) Annexes must operate under the same ownership, authority, and administrative policies and procedures as the originally licensed school facility. Any operations in a Board approved Annex shall be deemed as operations under the school's license. In addition, Annexes shall observe the following operational requirements:
- 1. Annexes may be utilized for administrative processes such as student support services and maintenance of student records only if identified on the floor plan. Records must always be available for Board inspection.
- 2. Annexes are subject to Board inspection at any time, and a schedule describing the times and specific uses of Annexes must be available at all times and provided to the Board upon request.
- 3. A school must obtain Board approval in advance to use an Annex more than one mile from the originally licensed facility.
- 4. The use of an Annex must be conspicuously disclosed to students in all Board approved enrollment agreements. Students whose enrollment agreements predate Board approval of an Annex may not be required to utilize an Annex unless they first agree to amend their enrollment agreement.
- 5. It shall be the duty of the school to notify students in writing that they will not be granted educational credit or hours for any travel to or from an Annex.
- 6. No Annex shall be conducted or advertised as a salon, shop or electrolysis office. No salon, shop or electrolysis office shall be conducted or advertised as an Annex of a licensed school.
- 7. When students are present, any Annex shall be in the charge of and under the immediate supervision of at least one licensed Instructor or school administrator.
- (i) The Board will deny the use of an Annex if it deems that the use of the location would interfere in the educational progression of students. Further, the Board may restrict or prohibit the use of Annexes if, after the school is given the opportunity for an adjudicatory hearing, the Board has determined that a school has committed a violation subjecting it to sanctions pursuant to M.G.L. c. 112, § 61.