216-40-05 R.I. Code R. § 4.7

Current through June 20, 2024

Section 216-RICR-40-05-4.7 - Licensure Requirements for Shops

4.7.1General Requirements

A. No shop, place of business or establishment shall be opened or conducted within the State by any person, association, co-partnership, corporation, or otherwise for the practice of barbering, manicuring and/or hairdressing/cosmetic therapy or esthetics without being licensed in accordance with the statutory and regulatory provisions of this Part.

B. No license shall be granted to any shop, place of business or establishment for the practice of barbering, hairdressing/cosmetic therapy, manicuring or esthetics unless the designated supervising manager in the practice of barbering, hairdressing/cosmetic therapy, manicuring or esthetics thereof is duly licensed and shall have been licensed in the appropriate class of license as set forth in §4.4.3 of this Part for a period of at least one (1) year immediately prior to the filing of the application for the licensure of the shop.

C. Persons working in a shop who are independent contractors, not considered to be employees of the shop owner for tax purposes, are considered to be an independent business requiring a separate hair design shop license.

D. Latex

1. Any shop, place of business or establishment licensed for the practice of barbering or hairdressing/cosmetic therapy that utilizes latex gloves shall do so in accordance with the provisions of the rules and regulations pertaining to the Use of Latex Gloves by Health Care Workers, in Licensed Health Care Facilities, and by Other Persons, Firms, or Corporations Licensed or Registered by the Department (Part 20-15-3 of this Title).

4.7.2Exemptions

Exemptions to the practice of barbering, hairdressing, cosmetic therapy, manicuring and esthetics in a fixed place of business is in accordance with the provisions set forth in R.I. Gen. Laws § 5-10-23.

4.7.3Application for License and Fee

A. Application for a license to conduct, maintain or operate a shop for the practice of barbering, hairdressing/cosmetic therapy, or manicuring, or esthetics shall be made on forms provided by the Department and shall contain such information as the Department requires, and in accordance with the provisions of this Part.

B. Forms shall be completed and submitted to the Department with the following documentation:

1. Evidence of compliance with the local zoning laws, in which the shop, place of business or establishment is located;

2. Application for registration of the supervising manager; and

3. License fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

4.7.4Issuance and Renewal of License and Fee

A. The Department may issue a license or renewal thereof for a period of no more than one (1) year, if the applicant meets the requirements of this Part. The license, unless sooner suspended or revoked, shall expire on the first (1st) day of July following the date of issuance and may be renewed from year to year subject to inspection and approval by the Department.

B. For each license renewal thereof, the licensure renewal fee as set forth in the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) must accompany the application renewal form provided by the Department.

C. A license shall be issued to a specific licensee for a specific address and shall not be transferable to a new address. The license shall be issued only for the premises and the individual owner, operator or lessee or to the corporate entity responsible for the operation.

D. A license issued under this Part shall be the property of the State and loaned to such licensee and it shall be kept posted in a conspicuous place on the licensed premises.

4.7.5Organization and Management (Manager)

A. Each shop, establishment or business engaged in barbering, hairdressing/cosmetic therapy, manicuring or esthetics shall have an individual to serve as manager, who could be the owner, provided the individual meets the qualifications of §4.7.1(B) of this Part. Said manager shall furthermore be required to be available at all times during the hours of the shop's operation.

B. In addition, the manager of each shop shall be registered with the Department. Written documentation of name, address and qualifications of the manager must be submitted by the owner to the Department.

C. No manager shall manage more than one (1) shop at any given time.

D. The owner of a licensed shop and the manager shall notify the Department in writing within ten (10) days from the date of termination of employment of the manager of any licensed shop, establishment, or place of business. The license of said shop shall expire forty-five (45) days from the date the Department was notified by the owner, if no manager meeting the qualifications of §4.7.5(A) of this Part is registered with the Department.

4.7.6Environmental Maintenance and Sanitation

A. Each shop, establishment or place of business shall be maintained to provide a safe, sanitary, clean and comfortable environment. All furnishings shall be kept in good repair. The premises shall be kept free of hazards at all times.

B. The following sanitary practices shall be exercised at all times:

1. Hand washing between patrons with soap and warm water;

2. A clean towel shall be used for each patron;

3. All linens and towels shall be deposited in a closed receptacle after use;

4. Used linens and towels shall be laundered either by commercial laundering or by a noncommercial laundering process which includes immersion in water at a temperature of at least one hundred forty degrees Fahrenheit (140° F) for not less than fifteen (15) minutes during the washing or rinsing treatment;

5. Whenever a haircloth, protective drape or cape is used on a patron, a clean towel or other clean protection shall be placed around the patron's neck in such a manner as to prevent the patron's skin from contacting the haircloth, protective drape or cape;

6. The headrest of chairs shall be covered with a clean towel or paper sheet for each patron.

7. All combs, brushes, non-electrical instruments with a sharp point or edge (scissors, tweezers cuticle nippers, manicure/pedicure scissors etc.) and other such articles, after use on a patron, must be:

a. Thoroughly cleaned with a detergent and hot water and then rinsed;

b. Treated with an effective disinfectant registered by the Environmental Protection Agency (EPA) with demonstrated bactericidal, fungicidal and virucidal activity and used according to manufacturer's instructions.

c. Stored until their next use in a manner that will prevent recontamination.

8. All electrical instruments (clippers, vibrators, etc.), after use on a patron, must be:

a. Thoroughly cleaned to remove foreign matter;

c. Stored until their next use in a manner that will prevent recontamination.

9. When household bleach is used for disinfecting environmental surfaces it shall be used in a 1:10 dilution (or one quarter (1/4) cup bleach to two and one half (2 1/2) cups of tap water).

10. The use of a lancet or any other type of device to break the skin is prohibited.

11. The use of a straight edge multi-use razor is prohibited. Only single use (disposal) razors are acceptable and shall be properly discarded after each use.

12. The use of a razor blade callus shaver is prohibited.

13. The reuse of any depilatories and any paraffin wax which has been adhered to any part of a client's body is prohibited.

14. No persons shall bring any animal, fowl, reptile, etc., into or permit any animal, fowl, reptile, etc., to be brought into, or permit any animal, fowl, reptile, etc., to remain in a shop. Service animals accompanying sightless or hearing impaired persons are exempted from this section. Aquariums containing fish are allowed.

15. The multi-use of cosmetics is prohibited. This includes the use of:

a. Applicators, septic pencils which are not disposable;

b. Multi-use of lipsticks, powder puffs and brushes;

c. Curlers and such supplies in which hair strands cannot be easily removed or cleaned or sanitized; and

d. Any other equipment and supplies that the Department may determine inappropriate because of sanitary and safety reasons.

16. When only a portion of a cream, liquid, powder or other cosmetic preparation is to be removed from the container, it shall be removed in such a way as not to contaminate the remaining portion.

17. The possession and/or use of any cosmetic nail preparation containing methyl methacrylate (MMA) shall be prohibited.

4.7.7Structural, Air and Environmental Requirements, Equipment and Supplies

A. A shop, place of business or establishment licensed to practice hairdressing/cosmetic therapy, manicuring or esthetics must meet the following structural requirements:

1. The Fire Safety requirements of the State Fire Code;

2. The State Building Code Commission requirements;

3. The local zoning laws; and

4. Federal Occupational Safety and Health Administration (OSHA) standards for air contaminants as published in the Federal Register 29 C.F.R. § 1910.1000"Air Contaminants," incorporated by reference at § 4.2 of this Part.

B. Furthermore, the following provisions must be maintained:

1. Every salon must have an adequate supply of potable hot and cold water;

2. The floors must have washable floor coverings;

3. Storage space must be provided to keep clean supplies and linens separate from soiled linens and supplies; and

4. Each shop shall provide, on the premises or in the same building, adequate (in compliance with the State Plumbing Code) toilet and lavatory facilities. Toilet facilities and hand washing sinks shall be kept clean and sanitary without offensive odors and in working condition at all times. Each hand washing sink shall have a soap dispenser and disposable towels or an air dryer for hands.

C. An adequate amount of appropriate equipment, instruments and supplies in accordance with the type of services provided, shall be maintained on the premises. In addition:

1. Covered receptacles must be provided for debris;

2. Containers and/or cabinets for clean supplies and soiled towels and/or articles;

3. Clean and soiled supplies must be kept separately (e.g., towels, combs, brushes)

4. All mechanical and electrical equipment shall be maintained in a safe and operating condition.

216 R.I. Code R. § 216-RICR-40-05-4.7

Amended effective 7/27/2022
Amended effective 11/3/2023