1. (a) All cosmetology establishments are responsible for compliance with the following requirements.

   1. (1) Each establishment shall provide hand washing facilities, including hot and cold running water, located near or adjacent to the toilet room or rooms. Hot air blowers or suitable holders for sanitary towels and dispensers for liquid soap shall be provided and be adequately supplied at all times.
   2. (2) All cosmetology establishments must have a restroom with sink and commode or have a public restroom available on an adjoining property. Restrooms within a cosmetology establishment must meet the sanitary rules under §83.100.
   3. (3) A cosmetology establishment shall not prepare or sell food and/or drink, except by vending machine. This rule does not apply to a beauty salon located in a Department store when the sale of food and drink is not immediately adjacent to the salon.
   4. (4) The use of a cosmetology establishment as living, dining, or sleeping quarters is prohibited. Residential salons shall maintain a separate entrance which shall not open to living, dining, or sleeping quarters. If a door leads into the residence, it shall be a solid door that remains locked during business hours.
   5. (5) Licensees shall have on the premises and utilize a hospital grade EPA registered tuberculocidal disinfectant solution for situations involving blood spills, be in compliance with OSHA rules on blood-borne pathogens, to include blood and body fluids, and follow disinfecting procedures according to manufacturer's instructions for tools or implements that have come in contact with blood or other fluids.

   6. (6) Licensees shall post the following items in public view:

      1. (A) the current salon or school license;
      2. (B) consumer complaint information, prominently displayed in letters no smaller than one inch in height, stating the name, mailing address, and telephone number of the Department;
      3. (C) current law and rules book; and
      4. (D) the last cosmetology establishment inspection report.

2. (b) Beauty culture schools are responsible for compliance with the following.

   1. (1) Beauty culture schools must have a classroom separated from the laboratory area by walls extending to the ceiling and equipped with the following:

      1. (A) desks and chairs or table space for a minimum of 10 students (plus one desk or chair or table space for additional students enrolled an in attendance per theory class);
      2. (B) charts covering, bones, muscles, nerves, skin, and nails;
      3. (C) medical dictionary;
      4. (D) minimum visual aid requirements: television and VCR; and
      5. (E) a dispensary of not less than 50 contiguous square feet with a double sink with hot and cold running water and space for storage and dispensing of supplies and equipment.

   2. (2) Beauty culture schools must have the following equipment:

      1. (A) six shampoo bowls and six shampoo chairs;
      2. (B) eight hair dryers with chairs;
      3. (C) one heat cap or therapeutic light;
      4. (D) eight dozen cold wave rods;
      5. (E) three electric irons, or marcel stoves and irons;
      6. (F) sixteen styling stations covered with Formica or similar material, with mirror, and 16 styling chairs (swivel or hydraulic);
      7. (G) twelve mannequins with sufficient hair with table or attached to styling stations;
      8. (H) one day/date formatted computer time clock;
      9. (I) one pair of professional hand clippers;
      10. (J) three professional hand held dryers;
      11. (K) four manicure tables and four stools;
      12. (L) one closed cabinet for clean towels;
      13. (M) one covered container for soiled towels;
      14. (N) four covered trash cans in lab area;
      15. (O) one large wet disinfectant soaking container; and
      16. (P) one dry storage container for disinfected implements.

   3. (3) Beauty culture schools are responsible for compliance with the following equipment requirements for the facialist course:

      1. (A) facial chair;
      2. (B) magnifying lamp;
      3. (C) woods lamp;
      4. (D) dry sanitizer;
      5. (E) steamer;
      6. (F) brush machine for cleaning;
      7. (G) vacuum machine that includes spray device;
      8. (H) high frequency for disinfection, product penetration, stimulation;
      9. (I) galvanic for eliminating encrustations, product penetration; and
      10. (J) paraffin bath and paraffin wax.
   4. (4) Beauty culture schools must be properly ventilated with an exhaust fan or air-filtering device extracting fumes and gases out of the facility.

   5. (5) In addition to the posting requirements of this subsection, beauty culture schools shall post a sign at the time clock which states:

      1. (A) Each student must clock in/out for himself/herself. No student may allow another person to clock in or out on behalf of that student.
      2. (B) No credit shall be given for any times written in, except in a documented case of time clock failure.
      3. (C) If a student is in or out of the facility for lunch, he/she must clock out.
      4. (D) Students leaving the facility for any reason, including smoke breaks, must clock out, except when an instructional area on a campus is located outside the approved facility, that area is approved by the Department and students are under the supervision of a licensed instructor.

   6. (6) A private beauty culture school is responsible for compliance with the following:

      1. (A) a floor plan of not less than 3,500 square feet that includes two separate areas, one area for instruction in theory and one area for clinic work, and separate restrooms for male and female;
      2. (B) equipment established by the Department sufficient to instruct a minimum of 50 students;
      3. (C) proof of ownership of building or proof of a lease for the first 12 months of operation;
      4. (D) current inspection report(s) of the fire marshal and electrical inspector approving or confirming compliance with applicable laws and ordinances; and
      5. (E) a copy of the curriculum for each course offered.

   7. (7) Public beauty culture schools are responsible for compliance with the following:

      1. (A) a detailed floor plan showing not less than 2,200 square feet that includes office, dispensary, locker room, classroom space, and at least 1,200 square feet of laboratory space;
      2. (B) current inspection report(s) of the fire marshal and electrical inspector approving or confirming compliance with applicable laws and ordinances;
      3. (C) a statement which must include equipment established by the Department; and
      4. (D) proof of a lease for the first 12 months of operation, if off-campus facilities are used.

3. (c) Beauty salons.

   1. (1) Beauty salons shall comply with the following requirements:

      1. (A) a minimum of 150 square feet for the first licensee and not less than 30 square feet for each additional licensee. Dispensary, reception areas, restrooms, utility, heating and/or cooling facilities and retail floor space are not included as working floor space;
      2. (B) a sink with hot and cold running water;
      3. (C) an identifiable sign with the salon's name;
      4. (D) closed container(s) for clean towels/linen;
      5. (E) partially closed container(s) for soiled towels/linen;
      6. (F) one wet disinfectant soaking container;
      7. (G) a minimum of one dry storage container;
      8. (H) a minimum of one covered trash container; and
      9. (I) proper ventilation with an exhaust fan or air filtering device that extracts fumes and gases.

   2. (2) Additional requirements by specialty.

      1. (A) Beauty Salon.

         1. (i) one working station for each operator;
         2. (ii) one styling chair for each operator;
         3. (iii) an adequate or sufficient amount of shampoo bowls; and
         4. (iv) one dryer for each operator.

      2. (B) Manicure Salon.

         1. (i) one manicure table with light for each manicurist;
         2. (ii) one manicure stool for each manicurist; and
         3. (iii) one professional client chair for each manicure station.

      3. (C) Facial Salon.

         1. (i) one facial couch/chair for each facialist; and
         2. (ii) one mirror for each facialist.

      4. (D) Manicure/Facial Salon.

         1. (i) requirements for manicure salon; and
         2. (ii) requirements for facial salon.

      5. (E) Wig Salon.

         1. (i) mannequin table, station, or styling bar to accommodate a minimum of 10 hairpieces;
         2. (ii) one wig dryer; and
         3. (iii) two canvas wig blocks.

      6. (F) Hairweaving/Braiding Salon.

         1. (i) one work station for each hairweaver/braider;
         2. (ii) one styling chair for each hairweaver/braider;
         3. (iii) an adequate or sufficient amount of shampoo bowls; and
         4. (iv) one chair dryer/handheld dryer for each three hairweaver/braiders.

Source Note:The provisions of this §83.102 adopted to be effective December 8, 2005, 30 TexReg 8082.