Practice of Barbering
License Law
ARTICLE 28 GENERAL BUSINESS LAW
Practice of Barbering
License Law
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SUBCHAPTER B
BARBERING
19 NYCRR, PART 165
General Provisions
This information is not the official version of the Official
Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).
No representation is made as to its accuracy, nor may it be read into evidence
in New York State courts. To ensure accuracy and for evidentiary purposes,
reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
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STATE SANITARY CODE
10 NYCRR, PART 10
(Statutory Authority: Public Health Law, §225)
This information is not the official version of the Official
Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).
No representation is made as to its accuracy, nor may it be read into evidence
in New York State courts. To ensure accuracy and for evidentiary purposes,
reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
| Section 10.1 Application 10.2 Posting regulations 10.10 Water supply 10.11 Waste disposal 10.12 Plumbing fixtures 10.13 Floors 10.14 Lighting and ventilation 10.15 Cabinets 10.16 Receptacle for used towels 10.17 Refuse 10.20 General cleanliness 10.21 Walls, ceilings and fixtures 10.22 Spitting 10.23 Sanitary services 10.24 Sanitation of equipment and implements 10.25 Shaving brushes, mugs and finger bowls 10.26 Alum or other astringents 10.27 Neck dusters, powder puffs and sponges is prohibited 10.30 Cleanliness of operators 10.31 Health of operators |
§430. Purpose of article
The need for technical skill, training and experience, good health, good moral
character and other
fundamental qualities and qualifications in persons engaged in the practice
of barbering, as herein
defined, having been unquestionably established and demonstrated and in order
to safeguard the health
of the persons who patronize the barber shops of our state and because of the
evils connected with
itinerant barbers and barber shops and because of the inadequacy of local regulation,
it is the purpose
of the legislature, in enacting this article, to safeguard and protect the
barbers of this state from the evils
of itinerant barbers and barber shops and to safeguard and protect the lives,
health and well being of
those persons who patronize the barber shops of our state by making adequate
provision for the
examination, licensing and regulation of the barber shops and the barbers and
apprentices to whom
such persons submit themselves for barber work.
§431. Definitions
As used in this article, unless the context requires otherwise:
1. “Department” means the department of state.
2. “Person” means an individual, firm, company, partnership or
corporation.
3. “Barber” means a person who engages in the practice of barbering.
4. “Practice of barbering” or “barbering” means and
includes the performance of the following
practices upon the head of a human being for any purpose whatsoever except
for the treatment of
disease or of physical or mental ailments:
(a) Shaving or trimming the beard or cutting the hair of humans;
(b) Giving facial or scalp massage with oils, creams, lotions or other preparations,
either by hand
or mechanical appliances;
(c) Singeing, shampooing, arranging, dressing or dyeing the hair or applying
hair tonic;
(d) Applying cosmetic preparations, antiseptics, powders, oils, clays or
lotions to scalp, face or
neck.
5. “Licensee” means a person permitted to engage in the practice
of barbering pursuant to this
article.
6. “Satisfactory” means satisfactory to the Secretary of State.
7. “Apprentice” means a person pursuing in good faith a course
of study in the practice of barbering
under the tutelage, supervision and direction of a licensee and who assists
such licensee in such
practice.
8. “Barber shop” means any store, establishment, place or premises
or part thereof where the
practice of barbering is engaged in.
9. “Barber shop owner” is a person who operates or conducts a barber
shop as defined by
subdivision eight of this section.
10. “Fee,” “examination fee,” “license fee,” “registration
fee” and “renewal fee” mean the fees
required to accompany an application for examination for or issuance of
any license or for registration,
including any temporary or renewal license or renewal registration, pursuant
to this article. Such fees
shall be non-refundable.
§432. Practice of barbering; license
required; apprentices
No person shall engage for compensation in the practice of barbering and no
person shall maintain or
operate a barber shop after October 1, 1947, or hold himself out as being
able so to do after such date
unless he is licensed therefor pursuant to this article. After such date
no person shall act as an
apprentice or perform any service as such unless he is registered pursuant
to this article.
§433. Powers of the Secretary of State
In addition to the powers and duties elsewhere prescribed in this article,
the Secretary of State shall
have power:
1. To appoint an adequate number of assistants, inspectors and other employees
as may be
necessary to carry out the provisions of this article, to prescribe their
duties, and to fix their
compensation within the amount appropriated therefor.
2. To examine into the qualifications and fitness of applicants for licenses
or certificates and of
prospective applicants under this article.
3. To require all persons licensed or registered under this article to submit
to physical examination
by a physician selected by the Secretary of State.
4. To keep records of all licenses issued, suspended or revoked.
5. To prepare a manual of rules and regulations for the conduct
of examinations and to furnish
copies thereof to persons desiring the same upon payment of a reasonable
fee therefor.
6. To adopt such rules and regulations not inconsistent with the provisions
of this article, as may be
necessary with respect to the form and content of applications for licenses,
the reception thereof, the
investigation and examination of applicants and/or prospective applicants
taking examinations and their
qualifications, and the other matters incidental or appropriate to the Secretary
of State’s powers and
duties as prescribed by this article and for the proper administration and
enforcement of the provisions
of this article, and to amend or repeal any of such rules and regulations.
7. To grant a temporary license to engage in the practice of barbering, in
his own discretion, where
a situation exists which will render a hardship on a community to be without
a licensed barber. Such
temporary license shall be granted to a holder of a certificate of registration
as an apprentice who has
had some training or experience in the practice of barbering and shall be
valid only as long as the
Secretary of State may decide, or as long as the hardship condition exists.
§433-a. Barbers board
1. To advise the Secretary of State there shall be a barbers board which shall
consist of five
members to be appointed by the Secretary of State, all of whom shall
have had actual experience in the
practice of barbering in this state for at least 10 years prior to appointment.
Not more than three of such
members shall be employees of barber shops. In making such appointments the
Secretary of State shall
take into consideration the qualification, fitness and ability of such appointees,
and give due regard for
adequate geographical representation. The Secretary of State or his duly
authorized representative shall
be an additional member of the board and act as chairman thereof.
2. Each member of the board, except the Secretary of State or his duly authorized
representative,
shall devote not less than two full days each week to his duties on the board,
being present in one of the
offices of the department of state, and such additional time as may be requested
by the Secretary of
State. Each member of the board, except the Secretary of State or his representative,
shall be entitled
to compensation at the rate of $25 per day for each day actually spent in
the work of the advisory
board, and shall also be paid his reasonable and necessary traveling and
other expenses while engaged
in the performance of his duties. Such positions shall be in the exempt class
of the civil service.
3. The barbers board shall meet together monthly, except during July and
August, in the city of
Albany or such other place designated by the Secretary of State on a date
fixed by him and at any
other time on call of the Secretary of State.
4. Rules supplemental to, but not in conflict with, the provisions of this
article, or with the rules and
regulations adopted and promulgated by the Secretary of State, may be made
by the barbers board,
subject however, to the approval of the Secretary of State, and without affecting
the power and
authority of the Secretary of State to promulgate rules and regulations pursuant
to §433 of this article.
5. The board shall cooperate with the Secretary of State in the preparation
and conduct of
examinations for barber licenses, and shall perform such other duties as
may be requested by the
Secretary of State.
6. The Secretary of State shall designate an employee of the department to
act as secretary of the
board and shall detail to the board such stenographic or other assistance
as may be necessary.
§434. License after examination; application
to take
1. Any person over the age of 17 years, desiring a license to engage in the
practice of barbering
under this article, may make application to the Secretary of State therefor.
The application shall be
subscribed and affirmed by the applicant as true under the penalties of perjury.
The application shall be
in such form and shall contain such information relative to the applicant
and his qualifications as may be prescribed by the Secretary of State. Each
application shall be accompanied by:
(a) Two recent photographs of the applicant of a size prescribed by the Secretary
of State;
(b) Satisfactory evidence of good moral character; except that in determining an applicant's good moral character, the Secretary of State shall not automatically disqualify an applicant on the basis of a criminal conviction. The Secretary shall review such criminal history information in accordance with article 23-A of the Correction Law;
(c) The certificate of a duly licensed physician, on a form prescribed by
the Secretary of State,
showing freedom from any infectious or communicable disease which certificate
shall have
been issued within 30 days prior to the date of the filing of the application;
(d) Evidence of elementary education satisfactory to the Secretary of State;
(e) Satisfactory evidence of the successful completion of a course of study
in a school of barbering
duly licensed pursuant to the Education Law or approved by the board of regents
or, in lieu
thereof, satisfactory evidence of having pursued in good faith the theoretical
and practical
study of barbering for a period of at least two years under the direct supervision
and tutelage
of one or more licensed barbers, or, that the applicant has been lawfully,
actually and
continually engaged in the practice of barbering in any other state, territory,
protectorate or
dependency of the United States, or any foreign country for a period of not
less than three
years prior to the filing of an application for a license to engage in the
practice of barbering, or,
that the applicant is the holder of a temporary license issued under §435
of this article;
(e-1) Evidence in the form of a certificate, issued by a state licensed
school of barbering, of the
successful completion of a course of study approved by the Education Department
concerning
the transmission of contagious diseases and the proper methods of sanitation
and sterilization
to be employed in barber shops, especially as they relate to tools and instruments.
The
required course materials requisite to issuance of such certificate of successful
completion may
be provided by such state licensed school of barbering either at the school’s
approved
premises or by long distance methods of instruction and testing,
as shall have been approved
by the Education Department.
(f) The application fee prescribed by this article;
and
(g) Satisfactory evidence of having taken and passed a written examination
offered by the
Secretary of State pursuant to this article.
2. The Secretary of State shall prepare question papers which shall be
the same for all persons at
any given examination. The questions may be partly written and partly oral.
No person shall receive a
license hereunder who has not actually demonstrated to the Secretary of State
the applicant’s ability
and fitness to engage in the practice of barbering in such practical tests
as may be required by the
Secretary of State.
3. Examinations shall be in the English language and may, in the reasonable
discretion of the
Secretary of State, be translated or transposed into any other language if
requested by a person taking
the examination, upon satisfactory proof of the need therefor. They shall
be held at least quarterly and
shall be given in at least four convenient places in the state.
4. If an applicant has successfully passed the examination therefor, and
has otherwise qualified for a
license, the Secretary of State on payment of the fee prescribed by this
article, shall issue to such
applicant a license to engage in the practice of barbering.
§435. License without examination;
temporary licenses
1. Any person over the age of 17 years who shall present to the Secretary of
State satisfactory
evidence that he has been actually engaged in the practice of barbering
in this state for at least one year
within the period of three years immediately prior to July 1, 1947, shall
be entitled to a license under
this article without examination, provided that application therefor, accompanied
by the photographs,
evidence and the certificate required by paragraphs (a), (b) and (c), respectively,
of subdivision one of
§434 of this article and the required annual license fee, is filed with
the Secretary of State not later than
December 31, 1951. Nothing in this subdivision shall entitle any
person to such license without
examination who, since the effective date of this article, has taken and
been unsuccessful in an
examination conducted pursuant thereto.
2. The Secretary of State shall issue a temporary license to any person
over the age of 17 years,
who, upon taking effect of this article, has been actually and continuously
engaged in the practice of
barbering in this state for a period of not less than six months, as substantiated
by sworn affidavits or
other evidence satisfactory to the Secretary of State and provided application
therefor, accompanied
by the photographs, evidence, and the certificate required by paragraphs
(a), (b) and (c), respectively,
of subdivision one of §434 of this article and one-quarter of the required
license fee, is filed with the
Secretary of State.
3. A temporary license issued under this section shall expire six
months after the date of issuance
and such temporary licensee shall not be entitled to any further license
until he has taken a regularly
scheduled examination and qualified for a regular license under the provisions
of this article. The
Secretary of State may, however, in his discretion, for good cause shown,
extend the term of such a
temporary license for an additional period not exceeding six months upon
the payment of an additional
fee equivalent to one-half of the license fee prescribed by this article.
4. Any person who has duly applied for a license pursuant to subdivision
one or subdivision two of
this section may engage in the practice of barbering pending the determination
of his application.
5. The Secretary of State shall upon application and without examination,
issue a license to any
person over the age of 17 years who has been duly licensed by any other state,
territory, protectorate
or dependency of the United States to engage in the practice of barbering
upon compliance with
standards and requirements not lower, in the judgement of the Secretary of
State, than those of this
state, provided, however, that such state extends similar reciprocity to
licensees of this state. Such
application shall be accompanied by the photographs, evidence and the certificate
required by
paragraphs (a), (b) and (c), respectively, of subdivision one of §434
of this article and the required
license fee.
6. If any person, eligible for any license, mentioned in this section,
be in the military service at or
during the time application for such license is required to be filed and
license fee paid, according to the
provisions of this section, the period within which said application
may be filed and license fee may be
paid, is extended in behalf of such person, until three months after the
termination of said military
service, any provision contained in this article to the contrary, notwithstanding.
In the case of persons who are or were in the military service and have
been or will be discharged
under conditions other than dishonorable, the period of one year specified
in subdivision one of this
section and the period of six months specified in subdivision two of this
section need not be continuous.
The length of time such person was engaged in the practice of barbering before
entering the military
service may be added to any period of time during which such person was or
is engaged in the practice
of barbering after the termination of military service.
§436. Sanitary rules
All barber shops shall be maintained and operated in accordance with the provisions
of the State
Sanitary Code (see last page), except in the city of New York where
the city health code shall apply,
and all licensees or persons employed or engaged therein or in connection
therewith shall comply with
the provisions of such rules.
§437. Apprentices
1. Each applicant for a certificate of registration as an apprentice shall
make an application which
shall include the physician’s certificate required by paragraph
(c) and the certificate of completion
required by paragraph (e-1) of subdivision one of §434, two recent
photographs, and which certificate
shall contain such other information required by such section
and in such form as the Secretary of State
may prescribe.
2. A certificate of registration as an apprentice shall be for a period of
two years.
3. Each certificate of registration issued as provided in this section
shall be posted in some
conspicuous place in the barber shop in which the apprentice is actually
engaged in the practice of
barbering as an apprentice.
4. A certificate of registration expiring in any year, which has not been
revoked, may, upon
payment of the fee prescribed by this article, be renewed for additional
periods of two years upon filing
an application therefor and the certificate mentioned in subdivision two
on condition, however, that no
certificate of registration may be issued after one renewal, unless the applicant
for such certificate of
registration has complied with all the provisions of this article relating
to apprentices.
§438. Barber shop owner's license;
requirements
1. On and after October 1, 1947 no person shall own or operate a barber shop
unless a barber
shop owner’s license is first obtained from the Secretary of
State for each barber shop owned or
operated.
2. The establishment of itinerant shops is hereby prohibited
and the maintenance of a bona fide
establishment with a permanent and definite location shall be a prerequisite
for the issuance of a barber
shop owner’s license.
2-a. The holder of a certificate of registration as an apprentice
shall not be entitled to a barber shop
owner’s license.
3. An applicant for a barber shop owner’s license must establish that
he or she is the real owner and
possesses title to or is entitled to the possession of the
shop. He or she must furnish satisfactory evidence of
good moral character, proper location of the shop, proper layout and adequate
equipment for the shop,
sanitary conditions in the shop and its surroundings. Such applicant must also furnish satisfactory evidence of good moral character, except that in determining an applicant's good moral character, the Secretary of State shall not automatically disqualify an applicant on the basis of a criminal conviction. The Secretary shall review such criminal history information in accordance with article 23-A of the Correction Law.
4. A license issued under this section must at all times during
the term thereof be displayed in the
barber shop for which issued.
5. Notice in writing shall be given the Secretary of State at his office
in Albany by the holder of a
barber shop owner’s license of any change in address of the barber
shop together with the return of
license, whereupon a properly signed endorsement will be made on
the face of the license as to such
change and the license then returned to the licensee. A change of address
by a licensee without such
notice and endorsement of license shall operate to cancel the license.
§439. Licenses; display; renewal; duplicates
1. All licenses, except temporary licenses, shall be for a period of two years.
2. No license or certificate shall be assignable or transferable except as
hereinafter provided.
2-a. A license to conduct a barber shop issued to an individual
may be assigned or transferred for
the remainder of the licensed period to a partnership or corporation if such
individual is a member of
such partnership or an officer of such corporation at the time of such
assignment or transfer. A license
issued to a partnership may be assigned or transferred for the remainder
of the license period to any
one member of such partnership, provided he obtains the consent of
all of the other members of such
partnership, or to a new partnership of which one or more members of the
licensed partnership were
members. A license issued to a corporation may be assigned or transferred
for the remainder of the
licensed period to any one individual officer of the corporation provided
he obtains the consent of all of
the other officers of such corporation. The application for such transfer
or assignment must be
accompanied by proof satisfactory to the department that the requirements
herein provided have been
complied with. No assignment or transfer shall become effective unless and
until the endorsement of the
transfer or assignment has been made on the face of the license by the department
and such license, so
endorsed, has been returned to the assignee or transferee. All such endorsements
shall be made without
payment of any fee. A bona fide purchaser of a barber shop from the holder
of a license thereof may
continue to use the license of the seller for a period of 30 days from the
date of the sale, provided there
is endorsed on the face thereof the name of the purchaser, the date of the
sale, and the signature of the
seller and the purchaser; and provided further within five days from the
date of the sale an application,
in accordance with the provisions of this article, shall be presented by
the purchaser to the Secretary of
State for a license to conduct a barber shop.
2-b. A license to conduct a barber shop issued to an individual or to a partnership
may be used
after the death of the licensed individual or co-partner by his next of kin
or duly appointed administrator
or executor in the name of the estate for a period of not more than 120 days
from the date of death of
such individual or co-partner provided that there is endorsed upon the face
of the license after the name
of the decedent the word “deceased,” the date of death and the
name of the next of kin, administrator
or executor under whose authority the license is being
used; the period of 120 days aforesaid may be
extended upon application to the Secretary of State and for good cause shown
for an additional period
not to exceed 120 days. Any license so continued which shall expire
during such period of 120 days or
the extension thereof may be renewed by the next of kin, administrator or
executor for the balance of
such period or the extension thereof.
3. Each license or certificate issued pursuant to this article shall
be posted and kept posted in some
conspicuous place in the barber shop in which the licensee or registrant
is engaged in the practice of
barbering or as an apprentice.
4. Any license or certificate, except a temporary license, which has
not been suspended or
revoked, may, upon the payment of the renewal fee prescribed by this article,
be renewed for
additional periods of two years from its expiration, without further
examination, upon the filing of any
application for such renewal, on a form to be prescribed by the Secretary
of State, accompanied by the
certificate required by paragraph (c) and the certificate of completion required
by paragraph (e-1) of
subdivision one of §434 of this article.
5. Any person failing to file application and fee for renewal of a license
as a barber within one year
immediately following the expiration of his last license shall pay an additional
fee of $10, and if he fails
to file application and fee for renewal within five years he shall be ineligible
for such license until he shall
have again passed an examination but he shall not be required to pay such
additional fee.
6. A duplicate license or certificate may be issued for one lost, destroyed
or mutilated upon
application therefor on a form prescribed by the Secretary of State and the
payment of the fee
prescribed therefor by this article. Each such duplicate license shall have
the word “duplicate” stamped
across the face thereof and shall bear the same number as the one it replaces.
§440. Fees
1. The fee for a license to engage in the practice of barbering shall be $20
and for each renewal
thereof the fee shall be $20.
2. The fee for a license to conduct a barber shop shall
be $30 and for each renewal thereof the fee
shall be $30.
3. The fee for taking a written or practical examination under this article
shall be $15.
4. The fee for the registration or the renewal of the registration
of an apprentice shall be $10.
5. The fee for issuing a duplicate license in substitution for one lost,
destroyed or mutilated shall be
$10.
6. The fee for changing a name on a license shall be $30.
7. The fee for changing the address on a license shall be $10.
8. The fees hereinabove set forth shall be those for licenses issued
for the license period of two
years. Notwithstanding the provisions of subdivision one of §439 of this
article, after January 1, 1986,
the Secretary of State shall assign staggered expiration
dates for outstanding licenses that have been
previously renewed on June 30th of each year and such licenses shall thereafter
expire two years from
the assigned date unless renewed. If the assigned date results
in a term that exceeds 24 months, the
applicant shall pay an additional prorated adjustment together with the regular
renewal fee. The
Secretary of State shall assign dates to existing licenses in a manner
which shall result in a term of not
less than two years.
§441. Suspension and revocation of
licenses and certificates
(a) A license to engage in the practice of barbering or to conduct a barber
shop or a certificate of
an apprentice may be suspended or revoked or in lieu thereof
a fine not exceeding $500 payable to the
Department of State or a reprimand may be imposed by the Secretary of State,
for any one or more of
the following causes:
1. Refusal to submit to physical examination when ordered by the
Secretary of State, pursuant to
subdivision three of §433.
2. Practice by a person having an infectious or communicable disease.
3. Habitual drunkenness or unlawful use of a habit-forming drug.
4. Fraud or bribery in securing a certificate by an apprentice or in securing
a license or
permission to take an examination therefor.
5. The making of any false statement as to a material matter
in any application or other statement
or certificate required by or pursuant to this article.
6. Incompetency.
7. Failure to display the license or certificate as provided in this article.
8. Violation of any provision of this article, or of any rule or regulation
adopted hereunder, or of
any applicable sanitary code.
9. Conviction of any crime or offense involving moral turpitude.
(b) Whenever the license to practice barbering or the license to conduct
a barber shop or the
certificate of an apprentice is revoked, such license or certificate shall
not be reinstated or reissued until
after the expiration of a period of one year from the date of such revocation.
§442. Hearing on charges; decision
No license or certificate shall be suspended or revoked or any fine or reprimand
imposed upon the
holder thereof until after a hearing had before an
officer or employee of the department designated for
such purpose by the Secretary of State, upon notice to the licensee of at
least 10 days. The notice shall
be served either personally or by certified mail and shall state
the date and place of hearing and set
forth the ground or grounds constituting the charges against the licensee.
The licensee or registrant shall
be heard in his defense either in person or by counsel and may
produce witnesses and testify in his
behalf. A stenographic record of the hearing shall be taken and preserved.
The hearing may be
adjourned from time to time. The person conducting the hearing shall
make a written report of his
findings and a recommendation to the Secretary of State for decision. The
Secretary of State shall
review such findings and the recommendation and, after due deliberation,
shall issue an order accepting,
modifying or rejecting such recommendation and dismissing the charges, suspending
or revoking the
license or certificate or in lieu thereof imposing a fine or reprimand upon
the licensee. For the purpose
of this article, the Secretary of State or any officer or employee of the
department designated by him,
may administer oaths, take testimony, subpoena witnesses and compel the production
of books,
papers, records and documents deemed pertinent to the subject of investigation.
§443. Judicial review
The action of the Secretary of State in suspending, revoking or refusing to
issue or renew a license or
certificate or imposing any fine or reprimand upon
the holder therefor may be reviewed by a proceeding
brought under and pursuant to article 78 of the Civil Practice Law and Rules.
§444. Violations and penalties
Any person who shall directly or indirectly engage in the practice of barbering
or hold himself out to the
public as being able so to do, or conduct a barber
shop without a license therefor, or who shall violate
any of the provisions of this article, or having had his license suspended
or revoked, shall continue to
engage in the practice of barbering or who directly or indirectly
employs, permits or authorizes an
unlicensed person to engage in the practice of barbering or who directly
or indirectly employs, permits
or authorizes an unregistered apprentice to act as an apprentice,
shall be guilty of a misdemeanor and,
upon conviction, shall be punishable by imprisonment for not more than six
months, or by a fine of not
more than $500 or by both such fine and imprisonment and each
such violation shall be deemed a
separate offense.
§444-a. Official acts used as evidence
The official acts of the Secretary of State and department, shall be prima
facie evidence of the facts
therein and shall be entitled to be received in
evidence in all actions at law and other legal
proceedings
in any court or before any board, body or officer.
§445. Disposition of moneys derived
from operation of article
All moneys derived from the operation of this article shall be deposited to
the credit of the business and
licensing services account established pursuant
to §97-y of the
State Finance Law.
§446. Application of article
1. This article shall not apply to or affect the practice of their professions
by duly licensed
physicians, osteopaths, dentists, optometrists,
nurses or physiotherapists, or to the practice
of their
vocations by hairdressers or cosmetologists, nor to any hospital which operates
a barber shop solely for
the convenience of its patients and which is not open
to the public.
2. This article shall not be construed to apply to, affect or
prevent the practice of beauty culture as
now conducted in the beauty shops of the state, or the operation
of beauty shops and barber schools.
3. The provisions of this section shall not be construed to furnish
a means of evading the provisions
of this article relating to the practice of barbering and in any prosecution
for a violation of any such
provision, the terms “hairdresser,” “cosmetologist,” “beauty
shop,” and “practice of hairdressing
and cosmetology” shall have their commonly accepted meanings.
§447. Separability clause
If any part or provision of this article or the application thereof to any
person or circumstances be
adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined
in its operation
to the part, provision or application directly involved in the controversy
in which such judgment shall
have been rendered and shall not affect or impair
the validity of the remainder of this article or
the
application thereof to other persons or circumstances and the legislature
hereby declares that it would
have enacted this article or the remainder thereof had
the invalidity of such provision or application
thereof been apparent.
This information is not the official version of the Official
Compilation of Codes, Rules and Regulations of the State of New York (NYCRR).
No representation is made as to its accuracy, nor may it be read into evidence
in New York State courts. To ensure accuracy and for evidentiary purposes,
reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
RULES AND REGULATIONS
SUBCHAPTER B
BARBERING
PART 165
General Provisions
§165.1 Photographs on licenses
(a) Every licensee shall affix his photograph to the license in the appropriate
space indicated
thereon and subscribe beneath or alongside
the said photograph the date it was taken.
(b) No photograph shall be or remain affixed to a license which photograph
was taken more than
four years prior to the date it was so affixed.
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
STATE SANITARY CODE
PART 10
(Statutory Authority: Public Health Law, §225)
GENERAL PROVISIONS
§10.1 Application
These sections shall apply to all establishments where barbering or cosmetology
is practiced.
§10.2 Posting regulations
The licensed owner of every barber shop and beauty parlor shall post conspicuously
in the establishment
a copy of this Part.
EQUIPMENT
§10.10 Water supply
An adequate supply of hot and cold water from a municipal or satisfactory private
source shall be
provided for service for customers,
cleanliness of employees, and for
washing floors, walls, ceiling and
equipment.
§10.11 Waste disposal
Waste water from all plumbing fixtures shall be discharged into municipal sewers
where available.
Otherwise suitable facilities shall
be installed for the absorption of
the wastes by the soil in
underground systems, so that no nuisance is created.
§10.12 Plumbing fixtures
Plumbing fixtures shall be of impervious material and of a type which is readily
cleanable. They shall be
free from cracks and from parts
which are not readily accessible
for cleaning. They shall be of
a type
which does not constitute a hazard to a public water supply through back
siphonage.
§10.13 Floors
Floors shall be of such construction as to be easily cleaned and shall be kept
clean and in good repair.
If carpeting or similar material
is used for floor covering, it shall
be of a light color with a single
loop
pile or not more than one-quarter inch in height. Such floor covering shall
be kept clean by vacuuming
at least daily and shampooing at least annually
and more frequently if the covering is not clean.
§10.14 Lighting and ventilation
Lighting fixtures shall be in sufficient number and properly placed so as to
provide adequate
illumination. The shop shall
be properly and adequately ventilated.
§10.15 Cabinets
Cabinets shall be provided for storage of clean linen and towels. They shall
have tight fitting doors
that
shall be kept closed to protect
the linen and towels from dust
and dirt.
§10.16 Receptacle for used towels
A covered receptacle which can be readily emptied and cleansed shall be provided
exclusively for
soiled towels or linen.
§10.17 Refuse
Covered containers for hair droppings, paper and other waste material shall
be provided and
maintained so that they
are not offensive.
MAINTENANCE AND OPERATION
§10.20 General cleanliness
The licensed owner of every barber shop or beauty parlor shall keep it at all
times in a clean and
sanitary condition.
§10.21 Walls, ceilings and fixtures
(a) Ceilings shall be kept in repair and cracks in walls, especially
around baseboards, shall be
filled
in so as to prevent the
harboring and breeding
of insects.
(b) Cabinets, shelves, furniture and fixtures shall
be kept clean and free of dust, dirt and hair
droppings. Arms, seats and rests of chairs shall be wiped
of hair droppings after serving each
customer.
§10.22 Spitting
Spitting on floors and in sinks shall be prohibited.
§10.23 Sanitary services
(a) A towel shall not be used for more than one person without being properly
laundered before
each use.
(b) The head rest
of the chair shall
be covered by a properly
laundered towel or
paper for each
customer before the customer is permitted to recline in such chair.
(c) A sanitary paper strip shall be placed completely around the neck of
each customer before any
apron or hair cloth or any other protective
device is fastened around the neck.
§10.24 Sanitation of equipment and
implements
(a) Hair brushes, combs and all other implements used on a customer shall be
kept clean and
sanitary at all
times and shall
undergo thorough
cleansing after serving
each customer.
(b) After handling a customer affected with an eruption, or whose skin is
broken out, or is inflamed,
or contains pus, the instruments
shall be effectively cleaned, washed
with soap or a detergent and
water, then rinsed with water having a temperature of at least 170 degrees
Fahrenheit or allowed to
remain for five minutes in alcohol
(70 percent–80
percent) or some other equally
efficient disinfectant.
§10.25 Shaving brushes, mugs and finger
bowls
The use of shaving brushes and shaving mugs is prohibited. The use of finger
bowls is prohibited
unless
a separate sanitary
inner paper liner or
cup is used for each
customer and discarded
immediately after
use.
§10.26 Alum or other astringents
Alum or other material used to stop the flow of blood shall be applied in powdered
or liquid
form only.
§10.27 Neck dusters, powder puffs and
sponges
The use of brush neck dusters, powder puffs and sponges is prohibited.
OPERATORS
§10.30 Cleanliness of operators
The hands of the operator shall be thoroughly washed with soap and warm water
before
serving each
customer.
§10.31 Health of operators
No person known to be affected with any communicable disease in an infectious
stage
shall engage in
barbering or cosmetology
and no person so affected
shall be employed as a barber
or cosmetologist.