240 CMR 8.02 - General Provisions Applicable to Barber Shops and Barber Schools

(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.

Notes

240 CMR 8.02

Adopted by Mass Register Issue 1392, eff. 5/31/2019.