16 Del. Admin. Code § 4453-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4453-4.0 - Operational Requirements

4.1 General Requirements

4.1.1 All areas shall be maintained in a safe, orderly and sanitary condition.

4.1.2 Residential licensed facilities shall be separate from living quarters and have their own entrance.

4.1.3 Smoking is prohibited.

4.2 Equipment Construction and Design. All interior surfaces and fixtures of a licensed facility shall be designed so as to be easily maintained and kept clean. Procedure surfaces, including client chairs and benches, shall be easy to clean and sanitize.

4.3 Floors, Walls and Ceilings. All floors, walls, and ceilings shall be smooth, free of open holes or cracks, washable, maintained in a clean condition, and in good repair.

4.4 Lighting. Artificial light sources shall be provided equivalent to at least 20 foot candles three (3) feet off the floor, except that 100 foot candles shall be provided at the level where cosmetology is being performed, and where equipment is assembled.

4.5 Ventilation. Every licensed facility shall be provided with adequate ventilation which draws air away from employees and patrons, and vents to the outside. A minimum of 50 cubic feet per minute (CFM) intermittent or 20 CFM continuous shall be provided to protect the health of employees and patrons. Ventilation units must be kept in proper working condition. The use of filtering devices which merely remove odors and not gases, mists, dust, etc., shall not constitute ventilation.

4.6 Laundry. Soiled reusable cloth items may be mechanically washed with detergent and then dried on premises provided that washers and dryers are installed per local codes and are not included in the area used by clients.

4.7 Water Supply

4.7.1 Water shall be obtained from an approved source that is constructed, maintained and operated according to the requirements of DNREC and DHSS.

4.7.2 The water source and system shall be of sufficient capacity and pressure to meet the demands of the facility. Hot and cold water shall be provided at all sinks.

4.7.3 The water source shall conform to the State of Delaware Drinking Water Regulations and shall be analyzed annually if a private supply.

4.8 Plumbing. All plumbing systems shall be designed, constructed and installed according to law.

4.9 Hand Washing Sinks. A hand washing sink which is convenient and accessible to all work stations shall be provided and separate from the sink provided in the bathroom. This sink must be supplied with liquid soap, disposable paper towels and a covered waste receptacle and shall be used for no other purpose. One hand washing sink per 40 people is required. The number of people will be determined by the occupant load.

4.10 Rest Rooms

4.10.1 Each facility shall provide the number of toilets and hand washing sinks required by the applicable plumbing code. Rest rooms are required to be accessible during business hours and maintained in good working order, have adequate ventilation, and may not be used for storage of linen or beauty supplies.

4.10.2 Rest rooms shall be kept in a sanitary condition, maintained in a safe and orderly manner and be equipped with a liquid soap dispenser, disposable towels, toilet paper, and a covered waste receptacle.

4.11 Sewage. Sewage shall be disposed of through an approved public treatment sewage plant or private disposal system that is sized, constructed, maintained and operated according to the requirements of DNREC and DHSS.

4.12 Garbage and Refuse. A covered waste receptacle shall be provided at each workstation and be emptied daily. Exterior refuse containers shall be cleanable with a tight fitting lid and collected weekly, at a minimum.

4.13 Animals. No animals shall be allowed in any licensed facility except for those that assist persons with disabilities. Fish aquariums, however, are allowed in the waiting area.

4.14 Insect and Rodent Control. Facilities shall be designed so as to prevent the entry and occurrence of insects and rodents. Pest control measures shall be provided and, if a problem occurs, professional pest control services shall be provided.

4.15 Mobile Units

4.15.1 Shall possess a self-contained, potable water supply. The portable water tanks shall be not less than 100 gallons and the holding tanks shall be of adequate capacity. In the event of depletion of potable water, operations shall cease until the supply is replenished.

4.15.2 Shall possess a self-contained, recirculating, flush chemical toilet with holding tank.

4.15.3 Shall possess a covered galvanized, stainless steel or other non-corrosive metal container for purposes of depositing hair clippings refuse, and other waste materials.

4.15.4 Shall possess a split lead generator with a remote starter, muffler, and a vent to the outside.

4.15.5 Shall possess a sealed combustible heater with an outside vent.

4.15.6 A mobile unit shall at all times be in the charge of a person licensed pursuant to this Regulation.

4.15.7 The grey and black water discharge shall be disposed of at a Department of Natural Resources and Environmental Control approved Discharge Station.

4.15.8 Shall meet all requirements in this regulation.

4.15.9 Shall have a signed agreement with a servicing area.

16 Del. Admin. Code § 4453-4.0

18 DE Reg. 865( 5/1/2015) (Final)