(1) Cosmetology school premises shall be
large enough to accommodate:
(a) a clinic area
for at least 25 students, with not less than 20 square feet of area for each
student;
(b) a lecture room
properly equipped for demonstration or practical purposes, with arm chairs or
desks and chairs for a minimum of 25 students; and
(c) a basic room completely separated from
the lecture and clinic rooms sufficiently large to accommodate 25
students.
(2) Every
school shall have, and maintain in good working condition, equipment sufficient
to support the curriculum for its student body. The following shall be the
minimum equipment required at all times at a licensed cosmetology school:
(a) Ten Shampoo Sinks and Chairs;
(b) 25 All Purpose Chairs;
(c) Ten Dryers with Accompanying
Chairs;
(d) Ten Manicure
Tables;
(e) Cold Waving Equipment;
and
(f) Cleaning and disinfection
supplies and equipment sufficient to comply with all applicable
regulations.
(3) Every
school shall provide each student with an individual, secure space sufficiently
large to keep students' effects.
(4) Every school shall maintain accessible
lavatories in accordance with applicable laws and regulations.
(5) All cleaning and disinfection regulations
applicable to salons shall apply to schools. Each school shall follow
procedures to ensure that school premises, equipment and personnel meet
reasonable sanitary and safety conditions.
(6) Every school shall at all times be in the
charge of and under the immediate supervision of licensed
instructors.
(7) Every school shall
regularly have in attendance during school hours at least two approved
instructors for 25 students or less, and shall have in attendance one approved
instructor or assistant instructor for each additional 25 students or less. No
instructor, assistant instructor or lecturer may supervise or teach more than
one class at the same time.
(8)
Instructors in schools shall be licensed instructors, assistant instructors or
approved lecturers competent to impart instruction in those branches of
cosmetology which they teach. Instructors, assistant instructors and lecturers
shall not be permitted to perform any work on a paying customer on school
premises except incidentally to instruct students in the school
clinic.
(9) No school shall,
directly or indirectly, accept any remuneration or make any charge for services
rendered by its students in the course of their practical training. However, a
school may impose a reasonable charge for materials used and clinic operation
costs.
(10) No school shall permit
any student to practice hairdressing, manicuring or aesthetics on a person
paying for services.
(11) Every
school shall display, in conspicuous places or at each of its entrances, signs
in display lettering at least two inches in height stating the following:
ALL WORK IN THIS SCHOOL IS DONE BY STUDENTS. CHARGES ARE FOR
MATERIALS USED AND CLINIC OPERATION COSTS ONLY. NO CHARGE FOR
SERVICES.
(12)
Annexes. After obtaining Board approval, any school
licensed by the Board may offer instruction at a separate street address in
addition to the street address indicated on its license, and such additional
street address shall be referred to as an "Annex" in 240 CMR and shall be
subject to the following requirements:
(a) A
school wishing to obtain Board approval to operate an Annex must submit an
application completely and properly filled out in the manner prescribed by the
Board, attested to under the pains and penalties of perjury by the same
individual who has obtained the license to operate the school. The application
must include a complete description of the intended use of the Annex.
(b) Applications for an Annex must include a
floor plan meeting the following requirements:
1. The floor plan must identify the function
the Annex is being used for, such as for lecture/basic room purposes.
2. Annexes may not be utilized for
clinics.
3. Publicly available
lavatories that are easily accessible to students must be open for use at all
times the Annex is utilized.
(c) Applications must include a copy of a
local occupancy certificate, building permit, or Board approved
equivalent.
(d) The Board may
require a site visit prior to approving the use of an Annex.
(e) Schools must be licensed for at least six
months prior to seeking approval for the use of an Annex. However, in the event
an existing school with a Board approved Annex requires a new license due to a
proposed change of ownership, the new owner, once licensed, may continue to
utilize the existing Annex.
(f) No
schools may utilize an Annex to meet the basic premises requirements of
240 CMR 4.02(1) through
(11). However, a school that is unable to
utilize its main location due to a renovation or other documented hardship may
petition the Board for a temporary exemption from this requirement for good
cause.
(g) A school may be approved
to use multiple Annexes.
(h)
Annexes must operate under the same ownership, authority, and administrative
policies and procedures as the originally licensed school facility. Any
operations in a Board approved Annex shall be deemed as operations under the
school's license. In addition, Annexes shall observe the following operational
requirements:
1. Annexes may be utilized for
administrative processes such as student support services and maintenance of
student records only if identified on the floor plan. Records must always be
available for Board inspection.
2.
Annexes are subject to Board inspection at any time, and a schedule describing
the times and specific uses of Annexes must be available at all times and
provided to the Board upon request.
3. Annexes must be no more than one mile from
the originally licensed facility.
4. The use of an Annex must be conspicuously
disclosed to students in all Board approved enrollment agreements. Students
whose enrollment agreements predate Board approval of an Annex may not be
required to utilize an Annex unless they first agree to amend their enrollment
agreement.
5. It shall be the duty
of the school to notify students in writing that they will not be granted
educational credit or hours for any travel to or from an Annex.
6. No Annex shall be conducted or advertised
as a salon, shop or electrolysis office. No salon, shop or electrolysis office
shall be conducted or advertised as an Annex of a licensed school.
7. When students are present, any Annex shall
be in the charge of and under the immediate supervision of at least one
licensed Instructor or school administrator.
(i) The Board will deny the use of an Annex
if it deems that the use of the location would interfere in the educational
progression of students. Further, the Board may restrict or prohibit the use of
Annexes if, after the school is given the opportunity for an adjudicatory
hearing, the Board has determined that a school has committed a violation
subjecting it to sanctions pursuant to M.G.L. c. 112, § 61.
