Cosmetology, Board of

Cosmetology, Board of

Chapter 7: Salons / Independent Contractors (formerly under Dept. of Commerce)

Effective Date: 08/11/2005 to 09/06/2016

Rule Type: Superceded Rules & Regulations

Reference Number: 033.0001.7.08112005

Chapter VII

SALONS / INDEPENDENT CONTRACTORS

Section 1. Salon Application and License. No person, association, partnership or corporation may operate a salon without first securing a license from the Board. Applications shall be made on the prescribed form and be accompanied by the appropriate fee. The completed application shall include or be accompanied by the following information:

1. (a) The name of the salon, the owner and proprietor, the street address and a description of the exact location of the salon
2. (b) A detailed floor plan of the salon showing work space, the location of restrooms, entrances and exits, carpeted areas of floor and the location of all other equipment required
3. (c) The anticipated date of hooking up the water, electricity, telephone and of opening the salon for business
4. (d) Application and fees must be received 15 days prior to opening date.

Section 2. Salon Minimum Equipment. As a minimum requirement each salon shall provide and maintain the following:

1. (a) One shampoo bowl with hot and cold running water
2. (b) One work station
3. (c) Hand washing sink (manicure & esthetics salons)

Section 3. Salon Equipment Waiver.

(a) Salons offering limited services may apply in writing to the Board for a waiver of the equipment requirement. The application shall state the services offered, the required equipment which the salon wishes to have waived, and an explanation of why the requirement is unreasonable.

(b) Every salon granted a waiver pursuant to subsection (a) above shall inform the Board upon the addition of any services. Waivers granted pursuant to subsection (a) may be revoked by the Board upon the addition of services rendering the equipment requirements again reasonable.

Section 4. Salon Sale, Relocation or Closing of Salon.

(a) Salon licenses may not be transferred upon the sale of a salon. The new owners must make application pursuant to Section 1 of this chapter.

(b) Prior to relocation of a salon, the information required in Section 1 of this chapter shall be filed with the Board. The original license may be transferred to the new location if the salon remains in the same city and the ownership is unchanged. Application and fees must be received 15 days prior to scheduled opening date.

(c) Upon the permanent closing of a salon, the owner or proprietor shall immediately notify the Board.

Section 5. Barbering in Salons and Visa Versa.

(a) Licensed barbers may practice in a salon so long as the salon has also been granted a barber shop license by the Board of Barber Examiners.

(b) Cosmetologists may practice in a barber shop so long as the barber shop is also licensed as a salon.

(c) Combined salons and barber shops shall adhere to the requirements of both Boards, and in the case of conflicting requirements, the more exacting standard shall be applied.

Section 6. Salon License Renewal. Each Salon license shall be renewed on a yearly basis, no later than December 31 of each year. Failure to renew the license on or before the expiration date shall result in a late fee. A license that has been expired less than 90 days may be renewed. An applicant for a renewal of a Salon license that has been expired for more than 90 days may apply for an original license under the current requirements and fees.

Section 7. Independent Contractor Application and License. No person may operate as an Independent Contractor without first securing a license from the Board. Application shall be made on the prescribed form and be accompanied by the appropriate fee. The completed application shall include or be accompanied by the following information.

(a) The name and address of the independent contractor, and personal license number

(d) A schedule of proposed days of operation to assist the inspector during annual inspections.

(c) Independent Contractor license and most recent inspections sheet must be posted at the

workstation. Upon relocation, both license and inspection sheet must be moved to the new location.

Section 8. Independent Contractor Minimum Equipment and Common Areas. As a minimum requirement, each independent contractor will provide and maintain the basic equipment to perform services related to the scope of their individual license.

(a) Shared equipment such as, but not limited to, shampoo bowls and pedi spa's will be

considered as common area and the responsibility of the Salon owner to maintain for inspection purposes.

(b) Salon owner is responsible for all common areas.

Section 9. Independent Contractor Change of Status. If an Independent Contractor chooses to discontinue services as an Independent Contractor, they must notify the board office in writing.

Section 10. Independent Contractor Inspection Requirements. The Independent Contractor is responsible for maintaining their individual work area to meet all health and infection control procedures set forth by the Board Rules and Regulations, Chapter X.

(a) Work area must be accessible for inspection during salon business hours.

(b) If the work area cannot be inspected, the Independent Contractor will be required to

provide documentation of compliance with requirements set for in the Board Rules and Regulations, Chapter VII, Section 7, Chapter X.

(c) A complete list of products and procedures used for infection control shall be maintained

and a copy provided to the salon owner.

Section 11. Independent Contractor License Renewal. Each Independent Contractor license shall be renewed on a yearly basis, no later than August 31 of each year. Failure to renew the license on or before the expiration date shall result in a late fee. A license that has been expired more than 90 days may apply for an original license under the current requirements and fees.