Code of Massachusetts Regulations
240 CMR - BOARD OF REGISTRATION OF COSMETOLOGY AND BARBERING
Title 240 CMR 3.00 - Cosmetology Salons
Section 3.02 - Operation of Salons
Universal Citation: 240 MA Code of Regs 240.3
Current through Register 1531, September 27, 2024
(1) Premises.
(a) All new
salons must have their electrical and plumbing installations approved by an
inspector of wires and a plumbing inspector prior to being inspected by the
Board.
(b) After the floor plan for
the salon has been approved by the Board and all required equipment has been
installed and permits obtained, an applicant for a salon license shall notify
the Board that the premises are ready for inspection by the Board.
(c) All salons shall display a sign at their
entrance, or a sign sufficiently large to be clearly visible from the
street.
(d) Every salon shall be
equipped with proper and adequate lighting and ventilation and kept in clean,
orderly and sanitary condition.
(e)
Home Salons.
1. No
branch of cosmetology shall be practiced in any room or rooms of living
quarters other than the room or rooms designated and licensed as a cosmetology
salon, except for sick or infirm persons in homes or hospitals.
2. In every salon maintained in a home, a
separate room or rooms shall be provided and licensed for the performance of
cosmetology services. Every salon maintained in a home shall provide a separate
entrance to such salon which shall lead directly from the front or immediate
side of the home to the salon and shall be clearly visible from the street. A
hard surface walk shall lead from the street to the salon entrance. Interior
doors leading to a salon from an adjacent room or any part of the home other
than the entrance of the building shall be securely locked and not
used.
3. Every salon maintained in
a home must be equipped with proper toilet and hand-washing facilities which
are separate from the facilities used by the residents of the premises adjacent
to the salon and must be accessible by patrons without passing through any part
of the living quarters.
4. The
provisions of
240 CMR
3.02(1)(e)1. through 3. do
not apply to Mobile Services pursuant to a Policy issued by the Board regarding
Mobile Services.
(f) All
floor coverings, walls, ceilings, woodwork, furniture, fixtures, curtains and
draperies in a salon shall be maintained in a clean and sanitary condition. All
equipment installed must meet with the requirements of public safety
regulations.
(g) Every salon shall
be equipped with proper toilet and hand-washing facilities which shall be
easily accessible and kept in a sanitary condition, and located in the salon or
conveniently adjacent thereto.
(h)
Every salon shall be equipped with a suitable and adequate supply of hot and
cold water. The source of this water must be approved by the local board of
health where no public water supply is available.
(i) No animals, except service animals
authorized by law to be in places of public accommodation, shall be present on
the salon premises.
(2) Conduct of Operations.
(a) Whenever an inspection of a salon is made
by an investigator or other agent of the Board, the owner or representative of
the salon must sign the inspection slip.
(b) No salon shall be operated or maintained
in any room or place where food is prepared, sold or offered for sale. No
dishes shall be washed in any shampoo sink or sinks located with the toilet
facilities.
(c) Narcotics, alcohol,
marijuana and tobacco are prohibited in all cosmetology salons.
(d) Other than the services specified in a
Policy issued by the Board regarding Mobile Services, all "Cosmetology"
services, as defined in M.G.L. c. 112, § 87T, including those rendered in
connection with the arrangement of any wig or hair piece upon the head of any
patron, must be performed in a licensed salon by licensed personnel
only.
(e)
Dual Use of
Room for Cosmetology or Barbering and Licensed Massage Therapy
Services.
1. Individuals licensed
by the Board of Registration of Massage Therapy pursuant to M.G.L. c. 13,
§ 98 may provide services within the scope of their massage license in the
same space as cosmetology and barbering services so long as they meet the
requirements of
240 CMR
3.02(2).
2. The area in which the massage service is
to be performed must be issued an establishment license from the Board of
Registration of Massage Therapy. This license must be issued to the same person
or entity that was issued the license to operate a Cosmetology Salon or Barber
Shop.
3. All massage services must
be identified on a Board-approved floor plan that is posted in a conspicuous
place in the Salon. Any changes to this floor plan must be approved by the
Board.
4. When providing massage
services within a Cosmetology Salon or Barber Shop, all massage practitioners
must hold the appropriate level individual license from the Board of
Registration of Massage Therapy and may not delegate massage services to
unlicensed individuals.
5.
Notwithstanding the scope of practice of the massage license, all services
performed in a Cosmetology Salon or Barber Shop shall remain subject to the
safety and sanitary provisions of 240 CMR 3.00.
6. The holder of the Cosmetology Salon
license or Barber Shop license shall remain responsible for all services
provided in the Salon or Shop, whether or not those services are cosmetology or
barbering, and must cooperate fully with Board inspectors, who may inspect any
service being provided in the Salon or Shop.
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