240 CMR, § 8.03

Current through Register 1533, October 25, 2024
Section 8.03 - Licensure of Barber Schools
(1) For purposes of 240 CMR 8.00, and unless otherwise stated, the term "school" shall include "post-secondary institution" as defined by M.G.L. c. 112, § 87T.
(2) No person or entity shall operate a barber school without a license issued by the Board.
(3) Each applicant for a license to conduct a barber school shall submit to the Board:
(a) A certificate of occupancy or other authentic form issued by the appropriate city or town approving the premises intended to be used as a school. The certificate or form shall be submitted to the Board prior to final inspection and approval by the Board;
(b) A bond of $20,000;
(c) A true copy of the student contract, which shall comply with M.G.L. c. 255, § 13K;
(d) A detailed outline of the school curriculum;
(e) A detailed professional floor plan; and
(f) An initial enrollment report signed by the applicant which shall contain a list of at least 25 students.
(4) No school shall be conducted or advertised as a barber shop. No barber shop shall be conducted or advertised as a school.
(5) A license for a barber school is valid only for the location and owner named in the license or certificate (including any Annex in compliance with 240 CMR 4.02(12)) , and is not transferable. A holder of a school license seeking to change the location or owner of the school shall notify the Board in writing by submitting an application for a new license at least 30 days before the change, or immediately in case of closure of a barber school or program. Upon approval of a new location or new owner by the Board, the Board shall cancel the license for the previous location or the previous owner and reissue a license to the licensee indicating the new location or new owner. Each school shall display its license in a conspicuous place.
(6)General Provisions.
(a) All barber schools and barber school annexes subject to 240 CMR 4.02(12) and 240 CMR 8.03(8)(d) shall display a sign at the entrance reading "Barber School".
(b) A barber school may be established only in a location where the building meets proper safety conditions. There must be adequate heating, lighting and ventilation.
(c) The curriculum taught at a barber school shall be that established and approved by the Board. Each barber school shall maintain a course of study of not less than 1,000 hours in not less than six months.
(d) Each barber school must submit their schedule of practical and theory coursework to the Board for approval. Board approval of curriculum and schedule of hours shall not be considered permanent and may be subject to expiration and re-approval as prescribed by the Board.
(e) Every school shall furnish instruction in cleaning and disinfection and the use of electrical appliances as applicable to the practice of barbering, and shall arrange courses in accordance with the following outline of study and schedule of hours:

Courses

Hours

Cleaning and Disinfection

80

Shampooing

Ten

Hair Cutting and Styling

400

Hair Coloring

75

Permanent Waving

90

Chemical Relaxing

40

Scalp Manipulations and Treatments

15

Shaving

50

Honing and Stropping

Ten

Mustaches and Beards

20

Facials

20

Light Therapy

Five

Shop Management

20

Theory

165

Total

1,000

(f) Barber school files shall be available for inspection by any member of the Board or its investigators during school business hours.
(g) A person who has successfully completed a course of instruction at a cosmetology school licensed to operate by the Board or by the regulatory body governing the operation of cosmetology schools where the school is located may be credited a maximum of 500 hours toward the 1,000 hour barber school course of instruction requirement. The required 500 hours of barber school course of instruction must be completed in a minimum three-month period. Evidence of any such person's successful completion of a licensed cosmetology school program (copy of diploma or certificate of completion) must be submitted to the Board upon enrollment in a barber school.
(7)Enrollments.
(a) Before a school may be issued a license by the Board, an initial enrollment of at least 25 students, each student being at least 16 years of age, must be presented to the Board.
(b) Instructors in barber schools shall be licensed instructors, assistant instructors or approved lecturers. Every school shall regularly have in attendance during school hours at least:
1. Two instructors for 25 students or less; and
2. One instructor or assistant instructor for each additional 25 students or less.
(c) No instructor or assistant instructor may supervise or teach more than one class at the same time.
(d) Attendance and absentee reports of students are to be submitted to the Board monthly.
(8)Premises. The premises of a barber school shall be large enough to accommodate:
(a) A clinic area for at least 25 students, with not less than 20 square feet of area for each student;
(b) A lecture room properly equipped for demonstration or practical purposes with a minimum of 25 arm chairs;
(c) an individual secure space sufficiently large to keep each student's effects; and
(d) A barber school may establish an Annex only if it complies with all provisions of 240 CMR 4.02(12): Annexes.
(9)Required Equipment for a Barber School.
(a) The clinic area of a barber school shall have a minimum of 25 barber chairs, 15 of which shall be able to recline for shaving and facials.
(b) No supplies of hair tonics, lotions or cosmetics may be used which do not have the label and name of the manufacturer thereon.
(c) One barber chair, one sink, and one work stand in lecture room for demonstration work.
(d) Lavatories in accordance with applicable law and regulations, in clean sanitary conditions at all times.
(10)Student Working Equipment.
(a) One mirror for each chair, and one hand washing sink and one shampoo sink per eight chairs;
(b) One wet tool sterilizer for each chair with proper solution for same;
(c) One covered container for disposal of used shaving papers;
(d) One covered container for disposal of used towels;
(e) One closed cabinet for clean towels;
(f) One hair dryer for each five students;
(g) One high frequency apparatus;
(h) One high power microscope for bacteria and scalp study; and
(i) Student Kit with supplies that adequately support the curriculum.
(11)Student Attendance.
(a) Students may not attend school more than a maximum of five days per week/40 hours per week.
(b) Each school may establish the attire to be worn by students and require its students to dress in compliance with school requirements.
(12) 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.
(13)Assistant Instructors. No instructor may supervise more than two assistant instructors at any one time.
(14) 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.
(a) No school shall permit any student to practice barbering on a person paying for services.
(b) 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.

240 CMR, § 8.03

Adopted by Mass Register Issue 1392, eff. 5/31/2019.