Chapter 02. Barber Shops
Regulation .01 Shop — General.LinkCopy Citation
A.
Application for a barber shop permit shall be submitted to the Board together with certification of approval with respect to zoning, health, fire prevention, and all other laws, ordinances, and requirements applicable to the establishment.
B.
A person establishing a residential shop shall meet the following requirements in addition to the requirements set forth in §A of this regulation:
(1)
The shop shall be completely separate and distinct from all living quarters;
(2)
The shop shall be in compliance with all applicable laws, regulations, and ordinances;
(3)
The shop shall have a separate outside entrance for use of shop patrons; and
(4)
The shop shall have a restroom facility maintained for exclusive use by shop clients.
C.
A barber shop shall have the following minimum fixtures, facilities, and equipment:
(1)
One barber pole or barber sign;
(2)
One barber chair in good repair;
(3)
One back bar or work station;
(4)
One cabinet or drawer for clean towels;
(5)
One covered container for disposal of soiled towels;
(6)
Proper sterilization equipment.
D.
More than one shop permit may not be issued for any one premises unless a separate and distinct shop entity is established on a different level of the one premises.
E.
Mobile Barbershops.
(1)
All mobile units shall prominently display on the outside of the unit the name of the non-mobile barbershop that serves as the mobile unit's permanent base address.
(2)
All health and safety rules governing barbering shall apply to mobile units unless otherwise specified.
(3)
All storage containers, cabinets, and drawers shall have safety catches.
(4)
All equipment not in storage cabinets or drawers shall be securely anchored.
(5)
A ramp or lift shall be provided for access to the mobile unit if providing services for disabled individuals.
(6)
Services may not be provided while the mobile unit is in motion.
(7)
The owners of mobile units shall be responsible for adherence to all local, State and federal laws and regulations regarding the operation of vehicles to be used as mobile units.
(8)
An itinerary showing dates, locations and times of service shall be made available, upon request, to an authorized representative of the board.
F.
Preopening Inspection.
(1)
Before a shop permit is issued, the premises shall be inspected by a Board member or inspector.
(2)
If the premises are not in compliance with the laws and regulations governing barbering, the Board may refuse to issue the permit.
Regulation .02 Owner Responsibility.LinkCopy Citation
The holder of a barber shop permit is responsible for:
A.
The condition and operation of the shop in compliance with the laws and regulations governing the practice of barbering;
B.
Displaying a sign containing the name and nature of the establishment, in at least 3-inch bold display-type lettering, on the outside of the premises in full view of the street or public walkway unless otherwise directed by the Board;
C.
Displaying, in full view of the public:
(1)
The shop permit;
(2)
A zoning certification or other approval for the practice of barbering on the premises; and
(3)
A condensed version of the laws and regulations regarding the licensing and regulation of individuals authorized to perform services in a barber shop, and owners of a barber shop, as provided by the Board;
D.
Ensuring that all employees of the shop are properly licensed or registered;
E.
Ensuring that an employee does not perform services beyond the scope of the applicable license or registration;
F.
Employing a sufficient number of master barbers who are qualified to supervise the training of apprentices to ensure that each apprentice being trained in the shop is individually supervised and trained.
Regulation .03 Prohibitions.LinkCopy Citation
The following activities are prohibited in any barber shop or in regard to any shop-sponsored services:
A.
The performance of services of any kind on a client who has an infectious or contagious disease that presents a hazard to others;
B.
The performance of services of any kind by a licensee or registrant who has an infectious or contagious disease that presents a hazard to clients;
C.
The performance of services of any kind upon the surface of a client's skin or scalp, where the skin or scalp is inflamed or where a skin infection or eruption is present, unless authorized by a physician;
D.
The removal of corns, calluses, or other growths of the skin, such as warts, by cutting;
E.
The presence of a dog, cat, bird, or any kind of animal on the shop premises with the exception of guide dogs for the blind;
F.
The sale of any hairpieces which previously have been worn including, but not limited to wigs, toupees, wiglets, falls, and switches;
G.
The integration of any other business unless the other business is separated from the barber shop by a permanent partition or wall that goes from floor to ceiling.
Regulation .04 Sanitation Requirements — General.LinkCopy Citation
A.
A barber shop shall comply with the sanitation provisions in §B of this regulation.
B.
Sanitation Provisions.
(1)
Every shop shall be well lighted, heated, and ventilated, and shall be kept in a clean and sanitary condition.
(2)
The walls, curtains, and floor coverings in a shop shall be washed and kept clean.
(3)
All shops shall be supplied with hot and cold running water.
(4)
The premises shall be kept free from rodents, vermin, flies, or similar insects.
(5)
The shop may not be used for sleeping or living quarters.
(6)
All hair, cotton, or other waste material shall be removed from the floor without delay and deposited in a closed container and removed from the premises frequently.
(7)
Rest rooms shall be kept in a sanitary condition and have a soap dispenser and disposable towels.
(8)
All employees of a shop shall be attired in clean, washable garments.
(9)
The hands of a licensee and registrant shall be washed before attending each patron.
(10)
Surgical latex gloves shall be worn if the licensee or registrant has a cut or open wound.
(11)
Instruments used in direct contact with a client shall be washed in hot, soapy water before being immersed in a disinfectant solution as specified in §B(12) of this regulation.
(12)
Instruments shall be disinfected in a wet sanitizer containing an EPA-registered, hospital-grade tuberculocidal disinfectant in a quantity sufficient to cover those portions of the instruments that come in direct contact with a client.
(13)
Each shop shall have:
(a)
At least one wet sanitizer containing a disinfectant solution as specified in §B(12) of this regulation; and
(b)
One closed drawer or cabinet for each work station being used by a licensee or registrant.
(14)
Cleaned and disinfected implements and equipment shall be stored in a closed dry cabinet or drawer which contains no other objects or substances.
(15)
The use of neck dusters, styptic pencil, lump alum, or any other equipment or implement which cannot be sanitized and disinfected may not be used on more than one client.
(16)
Every head rest shall be covered with a new clean towel or disposable paper for each client.
(17)
A shop shall have a closed cabinet in which laundered towels are stored and a separate bin or hamper for the disposal of soiled towels. If the shop does its own laundering, the shop shall have both an automatic washer and dryer on the premises.
(18)
An instrument that caused a skin abrasion or a cut to the skin shall be cleansed and disinfected immediately. If bleeding occurs, a tissue or cotton shall be used to collect the blood. Blood-contaminated materials shall be disposed of immediately in a sealed, double-plastic bag.
(19)
A licensee or registrant whose hands come in contact with blood shall wash and disinfect them immediately.
(20)
A minimum of eight combs and four brushes shall be available for each master barber, barber, and barber apprentice.
(21)
Protective neck strips or similar covering shall be used on each client.
(22)
Shampoo bowls shall be washed after each shampoo and sanitized frequently with a disinfectant to assure cleanliness.
(23)
Soiled combs, brushes, towels, or other used material shall be removed from the tops of work stations immediately after use.
(24)
Objects dropped on the floor may not be used until they are cleansed and disinfected.
(25)
All barber chairs and waiting chairs shall be maintained in good repair and in a sanitary condition.
Regulation .05 Citations to Barbershops.LinkCopy Citation
Unless otherwise indicated, the following civil penalties are applicable to the following violations of the laws and regulations of the Board of Barbers discovered by a Board inspector during an inspection of a barbershop:
A.
Operating a barbershop for which a permit:
(1)
Never has been issued — formal hearing
(2)
Expired — $300
B.
Licensing of Personnel.
(1)
Operating without a valid license — formal hearing
(2)
No photo on license — $100
(3)
Providing services beyond scope of license — $300
(4)
Improper supervision of apprentice — $300
C.
Failure to display:
(1)
Sign — $25
(2)
Permit — $50
(3)
Condensed rules and regulations — $100
(4)
Zoning certificate — $50
D.
Failure to have:
(1)
Barber pole or barber sign — $50
(2)
At least one barber chair in good repair — $100
(3)
At least one back bar or work station — $100
(4)
Separate outside entrance for use of clients — $100
(5)
Restroom facility exclusively for clients — $100
E.
Sanitation.
(1)
Improper Disinfection.
(a)
Failure to wash implements before disinfection — $150
(b)
Failure to properly disinfect implements, bowls, basins, or other areas — $150
(c)
Failure to properly store disinfected implements — $150
(2)
Improper procedures for cut or blood-related incidents — formal hearing
(3)
Other.
(a)
Poor lighting, heating, ventilation — $50
(b)
Unclean walls, curtains, or floor coverings — $50
(c)
Absence of hot or cold running water — $50
(d)
Presence of rodents or insects — $50
(e)
Use of shop for sleeping or living — $100
(f)
Failure to promptly remove hair or debris — $50
(g)
Unsanitary restroom — $50
(h)
No soap dispenser and disposable towels — $50
(i)
Unclean operator's garments — $50
(j)
Failure to wash hands before each client — $50
(k)
No wet sanitizer containing proper disinfectant solution — $50
(l)
No closed drawer or cabinet for disinfected implements at station — $100
(m)
Failure to store disinfected implements in closed cabinet or drawer that contains no other objects or substances — $100
(n)
Use of neck duster, powder puff, sponge, septic pencil, or lump alum on more than one client — $100
(o)
Failure to properly cover head rest for each client — $100
(p)
Improper storage or disposal of towels — $50
(q)
Insufficient number of combs or brushes — $50
(r)
Failure to use protective neck strip or similar covering — $50
(s)
Improperly washed or sanitized shampoo bowl — $50
(t)
Failure to remove soiled items from top of work station after use — $50
(u)
Use of implements dropped on floor without cleaning and disinfecting — $100
(v)
Failure to maintain barber chairs and waiting chairs in a sanitary condition — $50
F.
Prohibited Practices.
(1)
Services on client with infectious or contagious disease — formal hearing
(2)
Operator with infectious or contagious disease performing services — formal hearing
(3)
Services on inflamed skin or scalp without physician authorization — formal hearing
(4)
Removal of corns, calluses, or other growths of skin by cutting — $300
(5)
Presence of animal — $100
(6)
Sale of used hairpieces — $300
(7)
Habitual intoxication or under influence of any drug — formal hearing
G.
Interference With Inspector—Formal Hearing.
Chapter annotations
Authority: Business Occupations and Professions Article, Title 4, Annotated Code of Maryland
History: Effective date: August 3, 1992 (19:15 Md. R. 1389)
History: Regulation .01 amended effective October 8, 2018 (45:20 Md. R. 918)
History: Regulation .02B, C amended effective May 31, 1999 (26:11 Md. R. 854)
History: Regulation .04B amended effective May 31, 1999 (26:11 Md. R. 854); May 29, 2000 (27:10 Md. R. 966)
History: Regulation .05 adopted effective November 5, 2007 (34:22 Md. R. 1976)