Current through Register 1531, September 27, 2024
(1) The provisions of 240 CMR 8.02 are
applicable to both barber shops and barber schools, except where a regulation
specifically states otherwise. For purposes of 240 CMR 8.01 through 240 CMR
8.03, and unless otherwise stated, the term "barber school" shall include
"post-secondary institution" as defined by M.G.L. c. 112, § 87T.
(2)
Inspections. All
barber shops and barber schools shall be open to any member of the Board or its
investigators during business hours.
(3)
Display Sign and Barber
Pole. Every barber shop open to the public shall conspicuously
display a sign and a barber pole or a barber pole decal indicating it is a
barber shop.
(4) No barber shop may
arrange for, permit or advertise the practice of any branch of cosmetology in
the shop, unless the shop is licensed as a cosmetology shop and the service is
provided by a licensed cosmetologist. No barber shop may advertise as a "salon"
or "beauty shop", unless it is licensed as a cosmetology salon and employs a
licensed cosmetologist.
(5)
Licenses.
(a) In
every barber shop, the holder of a barber license shall post a copy of his or
her license in a conspicuous place in front of his or her working chair, and
must have his or her original license in their physical possession.
(b) Original barber shop licenses must be
displayed in a conspicuous place within the barber shop.
(6)
Sanitation.
(a) Floors, walls, ceilings, furniture,
fixtures and other apparatus, and all other exposed surfaces in every barber
shop and school shall be kept clean and sanitary, free from dust and in good
repair at all times.
(b) Brooms,
mops, and any other articles used to wash floors, brush or wash the walls,
shall not be left exposed. All residue, cut hair, dirt, etc.
swept off the floor shall be placed in a covered container or containers until
properly disposed of outside the barber shop or school.
(c) Running hot and cold water shall be
provided. All water shall be from a public supply when available. A suitable
sink which is connected as to provide for satisfactory disposal of all waste
water shall be provided within the barber shop or school, as well as lavatories
in accordance with applicable laws and regulations, easily accessible and in
clean and sanitary condition at all times.
(d) No room or part of a barber shop or
school shall be used for living or sleeping purposes. For a barber shop
maintained in a home, a separate room or rooms shall be provided and licensed
for barber services, and such shop must include a separate entrance that is
clearly visible from the street. Every barber shop in a home must be equipped
with proper toilet and handwashing facilities separate from the facilities used
by the residents of the living quarters and must be accessible by patrons
without passing through any part of the living quarters.
(e) Every barber shop and school shall be
equipped with suitable and adequate washing facilities and an adequate supply
of hot and cold water. The source of this water shall be approved by the local
board of health, where no public water supply is available.
(f) Every barber shop shall be properly and
adequately lighted and ventilated and kept in a clean, orderly and sanitary
condition and under the supervision of a licensed barber at all
times.
(g) The headrest of each
barber chair shall be provided with a clean covering of cloth or paper for each
patron.
(h) All clean towels shall
be kept exclusively in a closed, clean cabinet, drawer, or closet. No towel or
any other piece of linen which has been used on a patron or which has been used
for any other purpose shall be placed at any time in the same compartment with
the clean towels. Hair cloths and breast cloths shall be enclosed in a
compartment separate from the clean towels.
(i) All used towels shall be placed in a
covered container or containers.
(j) No used towel or cloth shall be used on
another patron until it has been laundered in a sanitary manner. A freshly
laundered towel or other protection shall be placed around the neck of the
patron so as to prevent the chair cloth from touching the skin.
(k) Alum or other material used to stop the
flow of blood shall be used only in a liquid or powder form and shall be
applied with a clean towel or cotton.
(l) No powder puffs, finger bowls, sponges,
styptic pencil or lump alum shall be used by a barber on any patron.
(m) No shaving brushes shall be
used.
(n) No soap in cake or stick
form shall be used. Liquid soap may be used.
(o) Paper used for wiping razors shall be
clean. Used shaving paper shall be placed in a separate covered
container.
(p) Jars containing
cream or pomades shall be kept covered at all times, except when being used and
removed from such jars with a clean spatula.
(q) No barber, student, or demonstrator shall
use on a patron or display in a barber shop or school, any hair tonic or other
liquid preparation, for use on the hair or scalp, unless such tonic or
preparation is contained or displayed in a bottle or container clearly labeled
with the name of the manufacturer.
(r) Every barber, student, or demonstrator
shall wash his or her hands thoroughly with liquid soap immediately before and
after serving each patron.
(s)
Narcotics, alcohol, marijuana and tobacco are prohibited in all barber shops
and barber schools.
(t) No animals
except service animals authorized by law to be in places of public
accommodation shall be permitted in any barber shop or barber school.
(7)
Cleaning and
Disinfection.
(a) All brushes,
combs, neck dusters, razors, scissors, clippers, tweezers, and all other
implements, tools, appliances and utensils that come in contact with the patron
shall be cleaned and disinfected before use upon any patron and, thereafter,
before use on another patron.
(b)
No tools/implements shall be left exposed on the workstand at any time, but
shall be cleaned, disinfected and placed in a clean, closed drawer or cabinet
whenever such tools are not in use or in the process of being
disinfected.
(c) One of the
following methods of disinfection shall be used on all implements:
1. FDA-approved dry heat
sterilizer;
2. Autoclave;
3. 70% isopropyl alcohol for at least ten
minutes;
4. Antiseptics and
disinfectants (hospital grade required); or
5. A 10% solution of chlorine bleach mixed
with water and no other chemicals.
(8)
Service Outside Barber
Shop.
(a)240 CMR 8.02(6)(g)
through (t) shall be complied with by barbers performing any barbering services
for sick or infirm persons in homes or hospitals. Services must be by request
from a paying patron through a licensed shop.
(b)240 CMR 8.02(6)(g) through (t) shall be
complied with by demonstrators performing barbering services.
(9)
Treatment of Skin
Conditions. No barber, student or demonstrator shall remove or
attempt to remove a wart or mole, or treat any skin disease, of a
patron.
(10)
Unprofessional Conduct. The license of a barber or
barber shop may be suspended, revoked, placed on probation, or otherwise
disciplined after a hearing, if the barber or shop license holder has been
found liable for unprofessional conduct which shall include, but not be limited
to, deceit, gross misconduct, or any violation of the laws of the Commonwealth
relating thereto or 240 CMR 8.00.
(11)
Advertising.
Unfair, misleading, deceptive and fraudulent advertising is prohibited.
Truthful and accurate advertising is permitted, consistent with professional
ethics and community standards.
(a)
Gender-based pricing is prohibited by the Massachusetts Public Accommodations
Act (M.G.L. c. 272, §§ 92A and 98). Prices must be based on factors
such as hair length or difficulty of styling.
(b) A price list must be displayed in a
conspicuous place in the barber shop.
(c) The price advertised for a service shall
include the price of all operations necessary for completing the
service.
