Fla. Admin. Code R. 61G3-19.011

Current through Reg. 50, No. 222; November 13, 2024
Section 61G3-19.011 - Barbershop Requirements
(1) Prior to opening a barbershop, the owner shall:
(a) Submit an application on forms prescribed by the Department of Business and Professional Regulation;
(b) Pay the required registration fee as outlined in the fee schedule;
(c) Meet the safety and sanitary requirements as listed in the subsequent portions of this section, with said requirements to continue in full force and effect for the life of the barbershop.
(2) Each barbershop and each barber shall take reasonable steps to insure that the shop and individual service area, respectively is maintained and operated in a safe and sanitary manner. Such steps shall include the following:
(a) Compliance with all local code requirements and to eliminate all fire hazards and dangerous structural defects;
(b) Provisions for safe and unobstructed human passage in the premises; removal of garbage and refuse; removal of excessive hair from floor; and safe storage or removal of flammable materials. All garbage must be kept in a closed container or receptacle;
(c) Maintenance of at least one portable and operational fire extinguisher in each shop. The fire extinguisher shall be located so that it is visible to the public and barbers. Access to the fire extinguisher shall be unimpeded. Inspections of the fire extinguisher shall be kept current;
(d) Extermination of all vermin, insects, termites, and rodents on the premises;
(e) Maintenance of all equipment used to perform services on the premises in a safe and sanitary condition, including the regular application of cleaners and bacterial agents;
(f) Assurance that materials furnished for the personal use of the customer, such as towels, are cleansed before reuse.
(3) Every person practicing in a barbershop in any capacity shall wash his or her hands thoroughly with an anti-bacterial liquid or powdered soap and water before serving each patron.
(4) After the handling of a customer affected with an eruption, or whose skin is broken out, or is inflamed or contains pus, the hands of the attendant shall be disinfected immediately; this shall be done by thorough washing with soap and water, followed by rinsing in rubbing alcohol (70 to 80 percent) or the use of some equally efficient disinfectant.
(5) All towels and linens are to be kept in a closed container or compartment.
(6) The barber shop must have one or more shampoo bowls equipped with hot and cold running water. The shampoo bowls shall be located in the area where barbering services are performed.
(7) Each headrest on each chair in every barbershop must be equipped with a relaundered towel or a sheet of clean paper for each patron.
(8) Each patron shall have a clean strip of cotton, towel or neckband on the neck so that the haircloth does not come in contact with the neck or skin of the patron's body.
(9) The use of a brush, comb, or other barbering tool on more than one patron without being sanitized is prohibited.
(10) All barbershops shall be equipped with and shall utilize wet sanitizers, sufficient to allow for sanitizing practices. A wet sanitizer is any clear plastic or glass receptacle with a lid containing a disinfectant solution as specified below, and large enough to allow for immersion of the barbering tools, or those surfaces of said tools which come in contact with the patrons.
(11) All tools used in barbershops including, but not limited to, razors, scissors, tweezers, combs, rubber discs, or parts of vibrators shall be free from hair, cleansed and:
(a) Immersed in a disinfectant registered with the Environmental Protection Agency (EPA) as a bacterial, virucidal and fungicidal disinfectant, and approved by that agency for use in hospitals, for one to five minutes;
(b) All combs, brushes, metallic instruments with a cutting edge, or implements which have come into contact with blood, or body fluids, shall be immersed in a disinfectant that indicates on its label that it has been registered with the Environmental Protection Agency (EPA) as a tuberculocidal disinfectant, in accordance with C.F.R. 1910. 1030, or
(c) Cleansed and sanitized for use by any other method that shall be the equivalent in germicidal or organism destructive effect, as provided in paragraph (11)(a) or (b), above. The use of an ultraviolet ray sanitizing cabinet, by itself, is not sufficient to meet the requirements of paragraph (11)(a) or (b), above.
(d) After complying with any of the above requirements, the razor, scissors, tweezers, combs, rubber discs or parts of vibrators shall then be placed and kept in a clean, closed cabinet or container until next ready for use. Storage in an ultraviolet ray sanitizing cabinet is preferred.
(12) The use of styptic pencils or any other astringent that will come in contact with more than one patron is prohibited. If a slight cut or scratch drawing blood has occurred, the use of sterile cotton, styptic powder, or any suitable solution first applied to a sterile cotton ball or swab is approved.
(13) All owners or managers or barbershops must provide at least two receptacles, one for the deposit of used towels, and one for the deposit of used shaving paper. All used towels and used shaving papers are to be deposited in the proper receptacle immediately after use.
(14) All barbershops are to be equipped with adequate toilet and sink facilities on the premises or in the same building as, and within 300 feet of the barbershop. To be adequate, such facilities shall have at least one toilet and one sink with running water. Such facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning material, sanitary towels or other hand-drying device such as a wall-mounted electric blow dryer, and waste receptacle. Such facilities and all of the foregoing fixtures and components shall be kept clean, in good repair, well-lighted and adequately ventilated to remove objectionable odors and shall comply with the provisions of Rule 64E-10.044, Florida Administrative Code (F.A.C.).
(15) Styling stations, styling bars, back bars, dresserettes, or working stations must be kept clean at all times to the sight and touch. All drawers and shelves of the above being used for the storage of rollers, brushes, combs, pins, nets, and equipment must have proper sanitation, and shall not be used for storage of nonrelated equipment or supplies. One drawer or cabinet may be designated for storage of personal items.
(16) Each barbershop shall be kept well ventilated. The walls, ceilings, furniture and equipment shall be kept clean and free from dust. Hair must not be allowed to accumulate on the floor of the barbershop. Hair must be deposited in a closed container.
(17) No animals or pets shall be permitted inside a barbershop, with the exception, of closed aquariums or trained animals to assist the hearing or visually impaired, or the physically disabled.
(18) A barbershop may be located at a place of residence. Barbershop facilities must be separated from the living quarters by a permanent wall construction. A separate entrance shall be provided to allow entry to the barbershop other than from the living quarters. Toilet and lavatory facilities shall comply with subsection (14) above, shall have an entrance from the barbershop other than the living quarters, and shall not be the same toilet and lavatory facilities as are used by the occupants of the residence.
(19) No barbershop shall be operated in the same licensed space allocation with any other business which adversely affects the sanitation of the barbershop. In order to control the required space and maintain proper sanitation, where a barbershop adjoins such other business, there must be permanent walls separating the barbershop from other business and there must be separate and distinctly marked entrances for each.
(20) For purposes of this rule, "permanent wall" means a vertical continuous structure of wood, plaster, masonry, or other similar building material, which is physically connected to a barbershop's floor and ceiling, and which serves to delineate and protect the barbershop.
(21) A barbershop must contain a minimum of 100 square feet of floor space, excluding the toilet and lavatory facilities. No more than one (1) barber at any one time may perform barbering services in a barbershop which has only the minimum floor space. In addition, a barbershop in which more than one (1) barber performs barbering services at any one time must contain an additional forty (40) square feet for each such additional barber.
(22) A barbershop may contain less than 100 square feet of floor space if it complies with all the requirements set out above, except the square footage requirements, and:
(a) Only one barber and one customer shall be in the barbershop at any one time;
(b) No person shall wait at the barbershop for barbering services;
(c) There shall be no waiting room or waiting area at the barbershop;
(d) The barbershop shall not advertise;
(e) There shall be no telephone listing for the barbershop;
(f) A barbershop under this subsection shall contain a minimum of 75 square feet of floor space.

Fla. Admin. Code Ann. R. 61G3-19.011

Rulemaking Authority 476.064(4), 476.184 FS. Law Implemented 476.184 FS.

New 4-27-86, Amended 9-24-86, 12-28-86, 5-10-88, 7-15-91, Formerly 21C-19.011, Amended 1-12-94, 10-4-94, 5-21-95, 2-14-96, 5-1-96, 3-21-00, 11-6-00, 8-17-06, Amended by Florida Register Volume 41, Number 027, February 10 effective 2/26/2015, Amended by Florida Register Volume 46, Number 098, May 19, 2020 effective 6/3/2020.

New 4-27-86, Amended 9-24-86, 12-28-86, 5-10-88, 7-15-91, Formerly 21C-19.011, Amended 1-12-94, 10-4-94, 5-21-95, 2-14-96, 5-1-96, 3-21-00, 11-6-00, 8-17-06, 2-26-15, 6-3-20.