CHAPTER 7. STATE BOARD OF COSMETOLOGY

GENERAL PROVISIONS


7.1.    Definitions.
7.2.    Fees.

INDIVIDUAL LICENSES


7.11.    Types of individual licenses.
7.12.    Scope of teacher’s license.
7.12a.    Scope of limited practice teacher license.
7.13.    [Reserved].
7.14.    Scope of cosmetologist’s license.
7.14a.    Scope of esthetician’s license.
7.15.    Scope of manicurist’s license.
7.16.    [Reserved].
7.17.    Scope of natural hair braider license.

EXAMINATIONS


7.31.    Examination prerequisite for licensure; exceptions.
7.31a.    Examination dates and locations.
7.32.    Deadline for examination applications.
7.32a.    Contents of examination application.
7.32b.    Requirements for teacher’s examination.
7.32c.    [Reserved].
7.32d.    Requirements for cosmetologist’s examination.
7.32e.    Requirements for esthetician examination.
7.32f.    Requirements for nail technician examination.
7.32g.    Issuance of temporary licenses to qualified examination applicants.
7.32h.    Requirements for natural hair braider examination.
7.33.    [Reserved].
7.34.    Models for practical portion of examination.
7.35.    Failure of examination.
7.36.    [Reserved].

DISPLAY, LOSS AND RENEWAL OF
LICENSES AND PERMITS


7.41.    Display of licenses.
7.42.    Lost or misplaced licenses and permits.
7.43.    Expiration and renewal of licenses.
7.44.    Escrow of inactive license.
7.45.    Reexamination if the license is not current for 5 or more years.

LICENSURE AND MANAGEMENT OF SALONS


7.50.    Applicability of requirements.
7.51.    Application for a salon license.
7.52.    Change of location or physical dimensions.
7.53.    Change of ownership.
7.54.    [Reserved].
7.55.    [Reserved].
7.61.    [Reserved].
7.62.    Management of salons.
7.63.    [Reserved].
7.64.    Responsibilities of salon owner or designated person in charge.
7.65.    Rental of booth space.
7.66.    Discrimination.

PHYSICAL REQUIREMENTS OF A BEAUTY SALON


7.71.    Equipment and supplies for a cosmetology salon.
7.71a.    Equipment and supplies for esthetician salon.
7.71b.    Equipment and supplies for a nail technology salon.
7.71c.    Equipment and supplies for a natural hair braiding salon.
7.72.    [Reserved].
7.73.    [Reserved].
7.74.    [Reserved].
7.75.    Entrances.
7.76.    Floor space.
7.77.    Use of salon for other purposes prohibited.
7.78.    Sign.
7.79.    Lavatories.

ACTIVITIES OUTSIDE A SALON


7.81.    Rendering of services outside a salon.
7.82.    Record of services rendered outside a salon.
7.83.    Responsibility of a salon for outside services.

HEALTH AND SAFETY IN SALONS


7.90.    Applicability of requirements.
7.91.    Sanitation and safety generally.
7.92.    Sanitization of equipment.
7.93.    Sanitary use of towels.
7.94.    Sanitary use of supplies.
7.95.    Individual cleanliness.
7.96.    Safe use of dyes, tints and chemicals.
7.97.    Protection against infectious, contagious or communicable diseases.
7.98.    Violation of related laws.
7.99.    [Reserved].
7.100.    Permanent wave operations and chemical applications.
7.101.    Electrical appliances.
7.102.    [Reserved].
7.103.    [Reserved].
7.104.    [Reserved].

LICENSURE AND ADMINISTRATION OF
SCHOOLS OF COSMETOLOGY


7.111.    Application for a school license.
7.112.    [Reserved].
7.113.    Inspection of a school before licensure.
7.113a.    Accreditation by a Nationally recognized accrediting agency.
7.113b.    Change of school location, ownership, fictitious name or supervisor.
7.114.    School equipment and supplies.
7.115.    Student equipment and supplies.
7.116.    Floor space.
7.116a.    Lavatories.
7.117.    Supervisor of a school.
7.118.    Professional staff.
7.118a.    Uniforms.
7.119.    Student records.
7.119a.    Transfer students.
7.120.    Work done by students on the public.
7.121.    Advertising.
7.122.    Course schedules.
7.123.    Duty work.
7.124.    Laundry facilities.
7.125.    Health and safety in school.
7.126.    [Reserved].
7.127.    Posting of Board notices.
7.128.    Mandatory offering of cosmetology curriculum.
7.129.    Curriculum requirements.
7.130.    Library.

PREPARATION BY APPRENTICESHIP METHOD


7.131.    Introduction.
7.132.    Apprentice curriculum.
7.133.    Application for apprentice permit.
7.134.    Apprentice reports.
7.135.    Equipment.
7.136.    Apprentice hours.
7.141.    [Reserved].
7.142.    [Reserved].

Authority

   The provisions of this Chapter 7 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); and section 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. §  517), unless otherwise noted.

Source

   The provisions of this Chapter 7 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391, unless otherwise noted.

GENERAL PROVISIONS


§ 7.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  507—527), known as the Cosmetology Law.

   Board—The State Board of Cosmetology.

   Booth space—The area of a salon in which a licensed cosmetologist or a holder of a limited license provides to a client a service for which a license is required under the act.

   Braiding—Intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, including extending the hair with natural or synthetic hair fibers.

   Bureau—The Bureau of Professional and Occupational Affairs in the Department of State.

   Cosmetologist—A licensed individual who is engaged in the practice of cosmetology.

   Cosmetology

     (i)   Any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof.

     (ii)   The term also includes the acts comprising the practice of nail technology, natural hair braiding and esthetics.

   Department—The Commissioner of Professional and Occupational Affairs in the Department of State.

   Esthetics

     (i)   The practice of massaging the face, applying cosmetic preparations, antiseptics, tonics, lotions or creams to the face, removing superfluous hair by tweezers, depilatories or waxes, eyelash perming and the dyeing of eyelashes and eyebrows.

     (ii)   The term includes the use of industry standard mechanical and electrical apparatus and appliances in the practice of esthetics.

   Esthetician—An individual licensed by the Board to practice esthetics.

   Lavatory—A working toilet and a working sink with hot and cold running water that are located in a separate room that affords privacy to the user.

   Limited license—A license issued by the Board to an individual which permits that individual to engage in the practice of esthetics, natural hair braiding or nail technology.

   Limited practice salon—A salon licensed by the Board for the provision of esthetician services, nail technology services or natural hair braiding services only.

   Limited practice teacher—A teacher licensed by the Board for the purpose of providing instruction in the area of esthetics, nail technology or natural hair braiding only.

   Nail technician—An individual licensed by the Board to engage in the practice of nail technology.

   Nail technology—The practice of manicuring the nails of an individual, applying artificial or sculptured nails to an individual, massaging the hands of an individual or massaging the lower arms of an individual up to the individual’s elbow, massaging the feet of an individual or the lower legs of an individual up to the individual’s knee, or a combination of these acts.

   Natural hair braider—An individual licensed by the Board to engage in the practice of natural hair braiding.

   Natural hair braiding

     (i)   The practice of utilizing techniques that result in tension on hair roots of individuals, such as twisting, wrapping, weaving, extending, locking or braiding of the hair. The term includes the application of heat by the use of a straightening comb, ceramic iron or similar appliance to prepare the hair for manipulation.

     (ii)   The term does not include cutting the hair or the application of dyes, reactive chemicals or other preparations to alter the color or to straighten, curl or alter the structure of hair.

   School of cosmetology—Any individual, partnership, association, business corporation, nonprofit corporation, municipal corporation, school district or any group of individuals however organized whose purpose is to provide courses of instruction in cosmetology or the teaching of cosmetology.

   School district—A school district, joint vocational school or department, area vocational-technical school or technical institute providing vocational education under Article XVIII of the Public School Code of 1949 (24 P. S. § §  18-1801—18-1855).

   Tanning units—Equipment that utilizes ultraviolet light for the purpose of cosmetic tanning.

Authority

   The provisions of this §  7.1 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.1 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324152).

§ 7.2. Fees.

 Fees charged by the Board are as follows:

 Licensure of cosmetologist, nail technician, esthetician or natural hair braider…$10

 Licensure of cosmetology teacher or limited practice teacher…$10

 Licensure of cosmetology salon or limited practice salon…$100

 Licensure of cosmetology school…$180

 Licensure by reciprocity…$60

 Registration of cosmetology apprentice…$70

 Biennial renewal of nail technician license…$67

 Biennial renewal of esthetician license…$67

 Biennial renewal of cosmetologist license…$67

 Biennial renewal of natural hair braider license…$67

 Biennial renewal of cosmetology teacher or limited practice teacher license…$105

 Biennial renewal of cosmetology salon or limited practice salon license…$114

 Biennial renewal of cosmetology school license…$285

 Approval of cosmetology school supervisor…$20

 Change in cosmetology salon or limited practice salon (inspection required)…$85

 Change in cosmetology salon or limited practice salon (no inspection required)…$30

 Change in cosmetology school (inspection required)…$110

 Change in cosmetology school (no inspection required)…$35

 Reinspection of cosmetology salon or limited practice salon or cosmetology school…$85

 Certification of student or apprentice training hours…$30

 Verification of license, registration, permit or approval…$15

Authority

   The provisions of this §  7.2 amended under sections 5, 11, 12, 13(6), 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 518, 519(6), 520 and 522); and section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. §  279.3a(a)—(c)).

Source

   The provisions of this §  7.2 adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1922; amended December 26, 1986, effective December 27, 1986, except provisions relating to biennial renewal of cosmetologist’s license, biennial renewal of a manicurist’s license and biennial renewal of a cosmetology shop’s license shall be retroactive to December 15, 1986, 16 Pa.B. 4975; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5326; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 18, 1991, effective January 19, 1991, 21 Pa.B. 226; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1807; amended July 24, 1992, effective July 25, 1992, 22 Pa.B. 3863; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1718; corrected October 20, 1995, effective April 10, 1993, 25 Pa.B. 4522; amended January 26, 1996, effective January 27, 1996, and apply to examinations administered on and after January 1, 1996, 26 Pa.B. 325; amended May 23, 1997, effective May 24, 1997, and apply to examinations administered in July 1997 and thereafter; amended September 10, 1999, effective immediately and apply to examinations administered on and after September 1, 1999, 29 Pa.B. 4783; amended September 28, 2001, effective September 29, 2001, 31 Pa.B. 5447; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6520; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219; corrected September 7, 2012, effective January 10, 2009, 42 Pa.B. 5736; amended April 11, 2014, application fees effective April 12, 2014, biennial renewal fees implemented with license renewals due by January 31, 2015, 44 Pa.B. 2244. Immediately preceding text appears at serial pages (363444) to (363445).

Cross References

   This section cited in 49 Pa. Code §  7.31 (relating to examination prerequisite for licensure; exceptions); 49 Pa. Code §  7.32a (relating to contents of examination application); 49 Pa. Code §  7.32g (relating to issuance of temporary licenses to qualified examination applicants); 49 Pa. Code §  7.42 (relating to lost or misplaced licenses and permits); 49 Pa. Code §  7.43 (relating to expiration and renewal of licenses); 49 Pa. Code §  7.44 (relating to escrow of inactive license); 49 Pa. Code §  7.51 (relating to application for a salon license); 49 Pa. Code §  7.52 (relating to change of location or physical dimensions); 49 Pa. Code §  7.53 (relating to change of ownership); 49 Pa. Code §  7.111 (relating to application for a school license); and 49 Pa. Code §  7.113b (relating to change of school location, ownership, fictitious name or supervisor).

INDIVIDUAL LICENSES


§ 7.11. Types of individual licenses.

 The following licenses are issued by the Board to qualified individuals under the act:

   (1)  Cosmetology teacher.

   (2)  Limited practice teacher.

   (3)  Cosmetologist.

   (4)  Esthetician.

   (5)  Nail technician.

   (6)  Natural hair braider.

Authority

   The provisions of this §  7.11 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.11 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324154).

§ 7.12. Scope of cosmetology teacher license.

 An individual holding a cosmetology teacher license is qualified, without further licensure, to perform the functions of a teacher, cosmetologist, esthetician, nail technician or natural hair braider.

Authority

   The provisions of this §  7.12 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.12 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324154).

Cross References

   This section cited in 49 Pa. Code §  7.31 (relating to examination prerequisite for licensure; exceptions).

§ 7.12a. Scope of limited practice teacher license.

 (a)  An individual holding a limited practice teacher license in esthetics is qualified, without further licensure, to teach esthetics in a licensed school of cosmetology and to perform the functions of an esthetician.

 (b)  An individual holding a limited practice teacher license in nail technology is qualified, without further licensure, to teach nail technology in a licensed school of cosmetology and to perform the functions of a nail technician.

 (c)  An individual holding a limited practice teacher license in natural hair braiding is qualified, without further licensure, to teach natural hair braiding in a licensed school of cosmetology and to perform the functions of a natural hair braider.

Authority

   The provisions of this §  7.12a adopted under sections 11 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  507—527).

   

Source

   The provisions of this §  7.12a adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 219.

Cross References

   This section cited in 49 Pa. Code §  7.31 (relating to examination prerequisite for licensure; exceptions).

§ 7.13. [Reserved].


Source

   The provisions of this §  7.13 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (303893).

Cross References

   This section cited in 49 Pa. Code §  7.31 (relating to examination prerequisite for licensure; exception).

§ 7.14. Scope of cosmetologist license.

 An individual holding a cosmetologist license is qualified, without further licensure, to perform the functions of a cosmetologist, esthetician, nail technician or natural hair braider.

Authority

   The provisions of this §  7.14 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.14 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective Janaury 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324155).

Cross References

   This section cited in 49 Pa. Code §  7.31 (relating to examination prerequisite for licensure; exceptions).

§ 7.14a. Scope of esthetician license.

 An individual holding an esthetician license is qualified to perform esthetician services only.

Authority

   The provisions of this §  7.14a issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.14a adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324155) to (324156).

Cross References

   This section cited in 49 Pa. Code §  7.31 (relating to examination prerequisite for licensure; exceptions).

§ 7.15. Scope of nail technician license.

 An individual holding a nail technician license is qualified to perform nail technology services only.

Authority

   The provisions of this §  7.15 amended under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.15 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324156).

Cross References

   This section cited in 49 Pa. Code §  7.31 (relating to examination prerequisite for licensure; exceptions).

§ 7.16. [Reserved].


Source

   The provisions of this §  7.16 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved February 24, 1989, effective February 25, 1989, 19 Pa.B. 779. Immediately preceding text appears at serial page (123198).

§ 7.17. Scope of natural hair braider license.

 An individual holding a natural hair braider license is qualified to perform natural hair braiding services only.

Source

   The provisions of this §  7.17 adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 219.

Cross References

   This section cited in 49 Pa. Code §  7.31 (relating to examination prerequisite for licensure; exceptions).

EXAMINATIONS


§ 7.31. Examination prerequisite for licensure; exceptions.

 (a)  Except as provided in subsections (b) and (c), an individual who wants to obtain a cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider license listed in § §  7.12—7.17 shall pass the examination required by the Board for that license.

 (b)  An individual who meets the criteria for licensure by reciprocity under section 9 of the act (63 P. S. §  515) may obtain a license without examination.

 (c)  Until January 11, 2010, the Board will issue a natural hair braider license to an applicant who does the following:

   (1)  Submits the application adopted by the Board.

   (2)  Pays the required licensing fee in §  7.2 (relating to fees).

   (3)  Provides proof that the applicant has practiced natural hair braiding for 3 consecutive years immediately prior to the date of the application for licensure.

     (i)   Proof of practice requires that the applicant provide tax records of employment and an affidavit from the applicant and the applicant’s immediate supervisor, where applicable, verifying the applicant’s practice of natural hair braiding for 3 consecutive years immediately prior to the date of the licensure application.

     (ii)   The Board will accept the information provided and will impose no penalty upon the applicant for failure to comply with the licensing provisions in section 2 of act (63 P. S. §  508), that the applicant committed prior to September 5, 2006, which is the effective date of the act of July 7, 2006 (P. L. 704, No. 99).

Authority

   The provisions of this §  7.31 amended under sections 5, 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. §  279.3a(a)—(c)).

Source

   The provisions of this §  7.31 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324156).

Cross References

   This section cited in 49 Pa. Code §  7.43 (relating to expiration and renewal of licenses).

§ 7.31a. Examination dates and locations.

 Licensing examinations are given monthly in Philadelphia, Pittsburgh, Harrisburg and additional locations established by the examination administrator after consultation with the Board.

Authority

   The provisions of this §  7.31a added under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.31a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324157).

§ 7.32. Deadline for examination applications.

 (a)  The deadline for submitting an examination application is 1 month prior to the testing date for the specific location where the applicant intends to take the exam, a date established by the examination administrator.

 (b)  The application of a first-time examinee will not be processed unless the application is property completed as set forth in §  7.32a (relating to contents of examination).

 (c)  A first-time examinee shall complete and pass both the theoretical and practical portions of the exam within 1 year of the date the first portion is passed. If the exam provider changes, the Board retains the discretion to grant exceptions to this 1-year requirement to facilitate the transition from one exam provider to another.

Authority

   The provisions of this §  7.32 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.32 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324157).

§ 7.32a. Contents of examination application.

 (a)  The application of a first-time examinee must include the following:

   (1)  Proof of having met the requirements for the examination applied for as set forth in § §  7.32b—7.32h.

   (2)  A physician’s certification that the applicant is free from contagious, communicable or infectious diseases.

   (3)  The examination fee set by the professional testing organization and the license fee prescribed in §  7.2 (relating to fees).

 (b)  The application of a reexaminee shall be accompanied by the examination fee set by the professional testing organization.

Authority

   The provisions of this §  7.32a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517); amended under sections 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. §  279.3a(a)—(c)).

Source

   The provisions of this §  7.32a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceeding text appears at serial pages (324157) to (324158).

Cross References

   This section cited in 49 Pa. Code §  7.32 (relating to deadline for examination applications).

§ 7.32b. Requirements for teacher examinations.

 (a)  An applicant for the cosmetology teacher examination shall:

   (1)  Be 18 years of age or older.

   (2)  Have completed a 12th grade education or its equivalent.

   (3)  Possess a current cosmetologist license.

   (4)  Have completed a minimum of 500 hours of instruction in a cosmetology teacher curriculum provided by a licensed school of cosmetology.

 (b)  An applicant for the limited practice teacher examination in esthetics, nail technology or natural hair braiding shall:

   (1)  Be 18 years of age or older.

   (2)  Have completed a 12th grade education or its equivalent.

   (3)  Possess a current limited license in the relevant limited practice field.

   (4)  Have completed a minimum of 500 hours of instruction in a cosmetology teacher or limited practice teacher curriculum provided by a licensed school of cosmetology.

 (c)  An applicant who has already obtained a limited practice teacher license in one of the limited practice fields and desires to obtain a limited practice teacher license in an additional limited practice field shall:

   (1)  Meet the requirements in subsection (b) for the additional limited practice field.

   (2)  Successfully complete the practical portion of the teacher examination for the additional limited practice field in which the applicant desires to become a licensed teacher.

Authority

   The provisions of this §  7.32b issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.32b adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324158).

Cross References

   This section cited in 49 Pa. Code §  7.32a (relating to contents of examination application).

§ 7.32c. [Reserved].


Source

   The provisions of this §  7.32c adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (303896).

§ 7.32d. Requirements for cosmetologist examination.

 (a)  An applicant for the cosmetologist examination who holds no limited licenses shall:

   (1)  Be 16 years of age or older.

   (2)  Except as provided in subsection (b), have done one of the following:

     (i)   Completed a 10th grade education or its equivalent.

     (ii)   Received training from or under the auspices of the Office of Vocational Rehabilitation in the Department of Labor and Industry.

   (3)  Have done one of the following:

     (i)   Completed a minimum of 1,250 hours of instruction in cosmetology, within a period of not less than 8 consecutive months, as a day-time student in a licensed school of cosmetology.

     (ii)   Completed a minimum of 1,250 hours of instruction in cosmetology, within a period of not less than 15 consecutive months, as a night-time student in a licensed school of cosmetology.

     (iii)   Completed 2,000 hours of training in a Board-approved cosmetology apprentice program.

 (b)  Subsection (a)(2), does not apply to an applicant who is one of the following:

   (1)  A veteran.

   (2)  Thirty-five years of age or older.

 (c)  An applicant for the cosmetologist examination who holds one or more active limited licenses issued by the Board and who obtained educational credits through a licensed cosmetology school will be given credit for the number of educational hours obtained to qualify for the active limited license or licenses as follows:

   (1)  An applicant who holds an active esthetician license will be given credit for up to 160 hours toward the total cosmetology training program of 1,250 hours.

   (2)  An applicant who holds an active nail technician license will be given credit for up to 100 hours toward the total cosmetology training program of 1,250 hours.

   (3)  An applicant who holds an active natural hair braider license will be given credit for up to 125 hours toward the total cosmetology training program of 1,250 hours.

 (d)  An applicant seeking credit for educational credits under subsection (c) shall complete the total of 1,250 cosmetology training hours, including those already completed in the limited license practice field for which the applicant is seeking credit, within 4 consecutive years.

Authority

   The provisions of this §  7.32d issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.32d adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324159).

Cross References

   This section cited in 49 Pa. Code §  7.32a (relating to contents of examination application).

§ 7.32e. Requirements for esthetician examination.

 (a)  An applicant for the esthetician examination shall:

   (1)  Be 16 years of age or older.

   (2)  Except as provided in subsection (b), have done one of the following:

     (i)   Completed a 10th grade education or its equivalent.

     (ii)   Received training from or under the auspices of the Office of Vocational Rehabilitation in the Department of Labor and Industry.

   (3)  Have completed a minimum of 300 hours of instruction in skin care in a licensed school of cosmetology.

 (b)  Subsection (a)(2) does not apply to an applicant who is one of the following:

   (1)  A veteran.

   (2)  Thirty-five years of age or older.

Authority

   The provisions of this §  7.32e issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.32e adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324159) to (324160).

Cross References

   This section cited in 49 Pa. Code §  7.32a (relating to contents of examination application).

§ 7.32f. Requirements for nail technician examination.

 (a)  An applicant for the nail technician examination shall:

   (1)  Be 16 years of age or older.

   (2)  Except as provided in subsection (b), have done one of the following:

     (i)   Completed a 10th grade education or its equivalent.

     (ii)   Received training from or under the auspices of the Office of Vocational Rehabilitation in the Department of Labor and Industry.

   (3)  Have completed a minimum of 200 hours of instruction in nail technology in a licensed school of cosmetology.

 (b)  Subsection (a)(2) does not apply to an applicant who is one of the following:

   (1)  A veteran.

   (2)  Thirty-five years of age or older.

Authority

   The provisions of this §  7.32f issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.32f added May 24, 1991, effective May 25,1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324160).

Cross References

   This section cited in 49 Pa. Code §  7.32a (relating to contents of examination application).

§ 7.32g. Issuance of temporary licenses to qualified examination applicants.

 (a)  A temporary license may be issued to an applicant who is eligible for admission to the cosmetologist examination or to any limited license examination and who pays the examination fee set by the professional testing organization and the license fee prescribed in §  7.2 (relating to fees). The purpose of a temporary license is to allow an otherwise qualified applicant to practice pending the applicant’s scoring a passing grade on the examination.

 (b)  A temporary license is valid for 9 months.

 (c)  The holder of a temporary cosmetologist license shall practice under the supervision of a licensed cosmetology teacher or cosmetologist. The holder of a temporary limited license shall practice under the supervision of a licensed cosmetology teacher, cosmetologist, limited practice teacher in the corresponding limited practice field or holder of a corresponding limited license.

Authority

   The provisions of this §  7.32g issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522); amended under sections 11, 12 and 13(b) of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  517, 518 and 519(b)); amended under section 812.1(a)—(c) of The Administrative Code of 1929 (71 P. S. §  279.3a(a)—(c)).

Source

   The provisions of this §  7.32g adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended May 7, 2004, effective May 8, 2004, 34 Pa.B. 2467; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324160).

Cross References

   This section cited in §  7.32a (relating to contents of examination application).

§ 7.32h. Requirements for natural hair braider examination.

 (a)  An applicant for the natural hair braider examination shall:

   (1)  Be 16 years of age or older.

   (2)  Except as provided in subsection (b), have done one of the following:

     (i)   Completed a 10th grade education or its equivalent.

     (ii)   Received training from or under the auspices of the Office of Vocational Rehabilitation in the Department of Labor and Industry.

   (3)  Have completed a minimum of 300 hours of Board-approved subject relating to sanitation, scalp care, anatomy and natural hair braiding in a licensed school of cosmetology.

 (b)  Subsection (a)(2) does not apply to an applicant who is one of the following:

   (1)  A veteran.

   (2)  Thirty-five years of age or older.

Authority

   The provisions of this §  7.32h issued under section 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. §  511).

Source

   The provisions of this §  7.32h adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 219.

Cross References

   This section cited in 49 Pa. Code §  7.32a (relating to contents of examination application).

§ 7.33. [Reserved].


Source

   The provisions of this §  7.33 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135621).

§ 7.34. Models for practical portion of examination.

 An examinee taking the practical part of the esthetics examination shall bring with him a live model. An examinee taking the practical part of any other exam shall bring a mannequin.

Authority

   The provisions of this §  7.34 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.34 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201679).

§ 7.35. Failure of examination.

 An examinee who fails either the practical or theoretical part of the examination for a cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider license will be required to retake and pass the failed portion of the examination within 1 year of the date the examinee takes and passes the other portion of the examination.

Authority

   The provisions of this §  7.35 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.35 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201679).

§ 7.36. [Reserved].


Source

   The provisions of this §  7.36 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135621).

DISPLAY, LOSS AND RENEWAL OF
LICENSES AND PERMITS


§ 7.41. Display of licenses.

 (a)  A salon license issued by the Board shall be displayed in a conspicuous place within the business premises of the salon.

 (b)  An individual license shall be readily available for inspection by the public or representatives of the Board at the place of business or employment of the individual holding the license.

 (c)  A school license issued by the Board shall be displayed in a conspicuous place within the premises of the school.

Authority

   The provisions of this §  7.41 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.41 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201679) to (201680).

§ 7.42. Lost or misplaced licenses and permits.

 A licensee or permit holder shall immediately notify the Board when the license or permit has been lost or misplaced and submit the fee for a duplicate license or permit prescribed in §  7.2 (relating to fees).

Authority

   The provisions of this §  7.42 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.42 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135622).

§ 7.43. Expiration and renewal of licenses.

 (a)  Licenses issued by the Board expire at biennial intervals. A license renewal notice is mailed to each licensee approximately 4 weeks before the license expiration date. Renewal of the license is accomplished by submission of the license renewal application and the license renewal fee prescribed in §  7.2 (relating to fees).

 (b)  A licensee who fails to file the biennial renewal application or pay the required biennial renewal fee by the renewal date shall have the license classified as unregistered. As long as a licensee holds an unregistered license, the licensee is not permitted to practice in this Commonwealth. A licensee who practices during a period in which the license was unregistered shall be required to pay a penalty fee of $5, as prescribed in §  7.2, for each month or part of a month that the licensee practices since the expiration of the biennial renewal and may be subject to disciplinary proceedings before the Board or criminal prosecution, or both.

 (c)  Within 2 years of the initial issuance of a natural hair braider license issued without examination under §  7.31(c) (relating to examination prerequisite for licensure; exceptions), the natural hair braider licensee shall provide to the Board a certified copy of a school transcript, a certified copy of a scholastic record required by §  7.119 (relating to student records), or an equivalent document certified by a licensed school of cosmetology, that demonstrates that the licensee has completed 150 hours of education from a licensed school of cosmetology as a condition of renewal of the license. The 150 hours of education must include, at a minimum:

   (1)  Fifty hours in scalp care.

   (2)  Fifty hours in hygiene.

   (3)  Twenty-five hours in occupational safety, the provisions of the act and this chapter.

   (4)  Twenty-five hours in natural hair braiding techniques, such as locking and weaving.

Authority

   The provisions of this §  7.43 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.43 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201680).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.44. Escrow of inactive license.

 A licensee who ceases performing licensed activities shall promptly request the Board in writing to place the license in escrow. An escrowed license may be reactivated upon written application and payment of the license renewal fee prescribed in §  7.2 (relating to fees), unless the period of escrow occurred within a biennial interval.

Authority

   The provisions of this §  7.44 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.44 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

§ 7.45. Reexamination if the license is not current for 5 or more years.

 The holder of a cosmetology teacher, limited practice teacher, cosmetologist, esthetician, nail technician or natural hair braider license that has been expired or in escrow for at least 5 years shall retake and pass the practical part of the examination for that license before submitting a renewal application.

Authority

   The provisions of this §  7.45 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.45 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324161).

LICENSURE AND MANAGEMENT OF SALONS


§ 7.50. Applicability of requirements.

 The requirements of § §  7.51—7.53, 7.65 and 7.71—7.71b, 7.75—7.78, 7.81 and 7.82, apply equally to cosmetology salons, esthetician salons, nail technology salons and natural hair braiding salons, unless the context indicates otherwise.

Authority

   The provisions of this §  7.50 issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.50 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324161).

§ 7.51. Application for a salon license.

 (a)  An owner-applicant for a salon license shall submit a license application to the Board with the following:

   (1)  A sketch plan showing the layout of the salon, including the position of the doors, windows, partitions, shampoo basins, lavatories, adjustable chairs and other floor equipment.

   (2)  The name and license number of the individual who will be the designated person in charge of the salon in the absence of the owner.

   (3)  The salon license fee prescribed in §  7.2 (relating to fees).

 (b)  A license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the application and the salon has been inspected by a Bureau inspector for compliance with the facility requirements of this chapter. If the inspector determines that the salon meets the facility requirements of the act and this chapter, a license will be issued.

Authority

   The provisions of this §  7.51 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.51 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324162).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  7.52 (relating to change of location or physical dimensions).

§ 7.52. Change of location or physical dimensions.

 (a)  A salon license is valid only for the location stated on the license. The owner of a salon who wishes to change its location shall submit an application to the Board for a change of salon location together with the information required in §  7.51 (relating to application for salon license) and the fee for change of salon location prescribed in §  7.2 (relating to fees). The application will be processed in the manner prescribed by §  7.51.

 (b)  A salon owner shall submit to the Board for its approval a sketch plan of any proposed change in the physical dimensions of the salon.

Authority

   The provisions of this §  7.52 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.52 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324162) to (324163).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements).

§ 7.53. Change of ownership.

 The owner of a salon shall immediately notify the Board in writing of a change in the controlling ownership of the salon. If a partner or co-owner is being added or deleted, the owner shall submit to the Board an application for change of license and the fee for change of license prescribed in §  7.2 (relating to fees).

Authority

   The provisions of this §  7.53 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.53 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324163).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements).

§ 7.54. [Reserved].


Source

   The provisions of this §  7.54 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135624).

§ 7.55. [Reserved].


Source

   The provisions of this §  7.55 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135624).

§ 7.61. [Reserved].


Source

   The provisions of this §  7.61 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135624).

§ 7.62. Management of salons.

 (a)  A cosmetology salon shall be managed by the salon owner or, in the absence of the salon owner, a person in charge designated by the salon owner.

 (b)  The designated person in charge shall be a licensed cosmetologist, except as follows:

   (1)  In the case of an esthetician salon, the designated person in charge may be either a licensed cosmetologist or a licensed esthetician.

   (2)  In the case of a nail technology salon, the designated person in charge may be either a licensed cosmetologist or a licensed nail technician.

   (3)  In the case of a natural hair braiding salon, the designated person in charge may be either a licensed cosmetologist or a licensed natural hair braider.

 (c)  Both the owner and the designated person in charge are responsible for posting the name of the owner or designated person in charge in a conspicuous place in the salon as required by section 4.4(b) of the act (63 P. S. §  510.4(b)).

 (d)  The owner or designated person in charge of the salon shall be readily available in person to Bureau inspectors during regular business hours.

Authority

   The provisions of this §  7.62 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.62 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324164).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.63. [Reserved].


Source

   The provisions of this §  7.63 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247. Immediately preceding text appears at serial page (201684).

§ 7.64. Responsibilities of salon owner or designated person in charge.

 (a)  The primary responsibilities of a salon owner and designated person in charge are the administration of the business and personnel affairs of the salon and to assure compliance within the salon with all laws of the Commonwealth, this chapter and the Pennsylvania Human Relations Act (43 P. S. § §  951—963).

 (b)  A salon owner or designated person in charge will be subject to disciplinary action by the Board for a violation of the act or this chapter committed by a licensed employee of the salon, if the owner or designated person in charge had knowledge of, or control over, the violation or should have had knowledge or control.

Authority

   The provisions of this §  7.64 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.64 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324164) to (324165).

Cross References

   This section cited in 49 Pa. Code §  7.62 (relating to management of cosmetology shop); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.65. Rental of booth space.

 The rental of booth space within a salon is prohibited.

Authority

   The provisions of this §  7.65 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.65 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324165).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements).

§ 7.66. Discrimination.

 It is prohibited for any person to refuse, withhold from, or deny to any person because of the person’s race, color, religious creed, ancestry or National origin, either directly or indirectly, any of the accommodations, advantages, facilities or privileges of a cosmetology, esthetician, nail technology or natural hair braiding salon.

Authority

   The provisions of this §  7.66 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.66 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324165).

PHYSICAL REQUIREMENTS OF A SALON


§ 7.71. Equipment and supplies for a cosmetology salon.

 (a)  A cosmetology salon must contain the following equipment, which is considered the minimum equipment needed for a salon with one cosmetologist:

   (1)  One adjustable chair.

   (2)  One styling station with mirror.

   (3)  One labeled first aid kit containing the following items:

     (i)   An antiseptic.

     (ii)   Cotton balls.

     (iii)   Protective plastic or latex gloves.

     (iv)   A blood spill kit.

     (v)   A hazardous waste bag.

     (vi)   Eyewash.

     (vii)   Burn ointment.

     (viii)   Plastic or latex bandage strips of varying sizes and shapes.

     (ix)   Sterile gauze pads.

   (4)  One dryer or blow dryer.

   (5)  One shampoo tray or basin.

   (6)  Twelve combs and twelve brushes.

   (7)  One covered waste container.

   (8)  A closed storage area for soiled linen.

   (9)  One timer clock.

   (10)  One closed towel cabinet for clean linen.

   (11)  A closed container for sanitized implements.

   (12)  One wet sanitizer.

   (13)  A reception desk.

   (14)  Twelve sanitary towels for each styling station in the salon.

   (15)  One sink with hot and cold running water that is readily accessible to each styling station in the work area of the salon.

   (16)  One multipurpose fire extinguisher suitable for use on Class A, B and C fires.

 (b)  For each additional cosmetologist, supplies and equipment shall be increased so that each cosmetology can render services safely and efficiently.

Authority

   The provisions of this §  7.71 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.71 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324166).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.71a. Equipment and supplies for an esthetician salon.

 (a)  An esthetician salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one esthetician:

   (1)  One adjustable chair.

   (2)  One work station with mirror.

   (3)  One labeled first aid kit containing the following items:

     (i)   An antiseptic.

     (ii)   Cotton balls.

     (iii)   Protective plastic or latex gloves.

     (iv)   A blood spill kit.

     (v)   A hazardous waste bag.

     (vi)   Eyewash.

     (vii)   Burn ointment.

     (viii)   Plastic or latex bandage strips of varying sizes and shapes.

     (ix)   Sterile gauze pads.

   (4)  One covered waste container.

   (5)  A closed storage for soiled linen.

   (6)  One closed towel cabinet for clean linen.

   (7)  One timer clock.

   (8)  A closed container for sanitized implements.

   (9)  One wet sanitizer.

   (10)  One dry sterilizer.

   (11)  A reception desk.

   (12)  Twelve sanitary towels for each work station in the salon.

   (13)  One sink with hot and cold running water that is readily accessible to each work station in the work area of the salon.

   (14)  One multipurpose fire extinguisher suitable for use on Class A, B and C fires.

 (b)  For each additional esthetician, equipment and supplies shall be increased so that each esthetician can render services safely and efficiently.

Authority

   The provisions of this §  7.71a issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.71a adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324166) and (201687).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.71b. Equipment and supplies for a nail technology salon.

 (a)  A nail technology salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one nail technician:

   (1)  One chair for use in manicure and pedicure.

   (2)  One manicure table with light, chair and stool.

   (3)  One pedicure basin and stand.

   (4)  One labeled first aid kit containing the following items:

     (i)   An antiseptic.

     (ii)   Cotton balls.

     (iii)   Protective plastic or latex gloves.

     (iv)   A blood spill kit.

     (v)   A hazardous waste bag.

     (vi)   Eyewash.

     (vii)   Burn ointment.

     (viii)   Plastic or latex bandage strips of varying sizes and shapes.

     (ix)   Sterile gauze pads.

   (5)  One covered waste container.

   (6)  A closed storage area for soiled linen.

   (7)  One closed towel cabinet for clean linen.

   (8)  Twelve sanitary towels for each work station in the salon.

   (9)  One wet sanitizer.

   (10)  A closed container for sanitized implements.

   (11)  A reception desk.

   (12)  One sink with hot and cold running water that is readily accessible to each work station in the work area of the salon.

   (13)  One multipurpose fire extinguisher suitable for use on Class A, B and C fires.

 (b)  For each additional nail technician, equipment and supplies shall be increased so that each nail technician can render services safely and efficiently.

Authority

   The provisions of this §  7.71b issued under sections 5, 11, 14 and 16 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.71b adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201687) to (201688).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.71c. Equipment and supplies for a natural hair braiding salon.

 (a)  A natural hair braiding salon must contain the following equipment and supplies, which is considered the minimum equipment needed for a salon with one natural hair braider:

   (1)  One adjustable chair.

   (2)  One styling station with mirror.

   (3)  One labeled first aid kit containing the following items:

     (i)   An antiseptic.

     (ii)   Cotton balls.

     (iii)   Protective plastic or latex gloves.

     (iv)   A blood spill kit.

     (v)   A hazardous waste bag.

     (vi)   Eyewash.

     (vii)   Burn ointment.

     (viii)   Plastic or latex bandage strips of varying sizes and shapes.

     (ix)   Sterile gauze pads.

   (4)  One dryer or blow dryer.

   (5)  One shampoo tray or basin.

   (6)  Twelve combs and twelve brushes.

   (7)  One covered waste container.

   (8)  A closed storage area for soiled linen.

   (9)  One closed towel cabinet for clean linen.

   (10)  A closed container for sanitized implements.

   (11)  One wet sanitizer.

   (12)  A reception desk.

   (13)  Twelve sanitary towels for each styling station in the salon.

   (14)  One sink with hot and cold running water that is readily accessible to each styling station in the work area of the salon.

   (15)  One multipurpose fire extinguisher suitable for use on Class A, B and C fires.

 (b)  For each additional natural hair braider, equipment and supplies shall be increased so that each natural hair braider can render services safely and efficiently.

Source

   The provisions of this §  7.71c adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 219.

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, nail technicians, estheticians, natural hair braiders, salons).

§ 7.72. [Reserved].


Source

   The provisions of this §  7.72 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135628).

§ 7.73. [Reserved].


Source

   The provisions of this §  7.73 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135628).

§ 7.74. [Reserved].


Source

   The provisions of this §  7.74 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135628).

§ 7.75. Entrances.

 The entrance to a salon that is located in a private home must permit clients to enter the salon directly from the public thoroughfare without passing through any part of the home.

Authority

   The provisions of this §  7.75 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.75 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201688).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.76. Floor space.

 (a)  The floor area of a salon operated by one licensee must have a minimum area of 180 square feet with a minimum width of 10 feet. An additional area of at least 60 square feet is required for each additional licensee in the salon. The Board, upon an applicant’s request, may grant a variance from the space requirements concerning a salon which the Board believes is reasonable.

 (b)  Salons opened prior to September 15, 1976, which have been operating with one cosmetologist must have sufficient floor space to properly install the equipment with regard to the health and safety of the patrons of the cosmetology salon. It is suggested that the floor space be a minimum of 10 feet by 12 feet or 120 square feet, with 60 square feet for each additional operator. The Board, after examination of the salon’s layout, may grant variance from the salon space requirements which the Board believes is reasonable.

Authority

   The provisions of this §  7.76 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.76 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201689).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.77. Use of salon for other purposes prohibited.

 No part of a salon, including lavatories and laundry facilities, may be used for other purposes.

Authority

   The provisions of this §  7.77 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.77 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201689).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.78. Sign.

 A salon must display, at or near its main entrance, a sign that is clearly visible indicating to the public that it is a cosmetology salon or limited practice salon.

Authority

   The provisions of this §  7.78 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.78 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201690).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.79. Lavatories.

 A salon must have adequate lavatories on the premises. For the purposes of this section, ‘‘on the premises’’ means within the square footage of the salon.

Authority

   The provisions of this §  7.79 issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.79 adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201690).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

ACTIVITIES OUTSIDE A SALON


§ 7.81. Rendering of services outside a salon.

 A cosmetologist or holder of a limited license, with the permission of the employing salon, may render by appointment cosmetology or limited license services to persons at their residences and to persons who are confined to institutions due to illness, imprisonment, old age or similar circumstances.

Authority

   The provisions of this §  7.81 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.81 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201690) to (201691).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements).

§ 7.82. Record of services rendered outside a salon.

 A licensee who renders licensed services outside the salon shall maintain at the employing salon complete records for each service rendered outside the salon, including the date, time, place and fee charged. The record of outside services shall be considered part of the records of the salon.

Authority

   The provisions of this §  7.82 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.82 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201691).

Cross References

   This section cited in 49 Pa. Code §  7.50 (relating to applicability of requirements); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.83. Responsibility of a salon for outside services.

 A salon through which appointments are made for the rendering of cosmetology or limited license services outside the salon shall be responsible for ensuring that the licensees are fully supplied and equipped when they perform services outside the salon and that all other requirements of this chapter are complied with.

Authority

   The provisions of this §  7.83 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.83 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201691).

HEALTH AND SAFETY IN SALONS


§ 7.90. Applicability of requirements.

 The requirements of this section and § §  7.91—7.98 and 7.100 apply equally to cosmetology salons, esthetician salons, nail technology salons and natural hair braiding salons, unless the context indicates otherwise.

Authority

   The provisions of this §  7.90 issued under sections 5, 11, 14 and 16 of the act of May 13, 1933 (P. L. 242, No. 86) (63 P. S. § §  511, 517, 520 and 522).

Source

   The provisions of this §  7.90 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 779; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201691) to (201692).

§ 7.91. Sanitation and safety generally.

 (a)  A salon must be well lighted and well ventilated.

 (b)  All areas of the salon, including the floors and lavatories, shall be maintained in a safe, orderly and sanitary condition.

 (c)  Sharp implements shall be stored upright with the points down or in a protective case.

Authority

   The provisions of this §  7.91 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.91 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201692).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); and 49 Pa. Code §  7.125 (relating to health and safety in school).

§ 7.92. Sanitization of equipment.

 Razors for hair, tweezers, combs, hairbrushes, and other tools, instruments, utensils and appliances that come into contact with a client shall be sanitized immediately after each use and maintained in a sanitary condition at all times.

Authority

   The provisions of this §  7.92 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.92 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201692).


Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); 49 Pa. Code §  7.125 (relating to health and safety in school); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.93. Sanitary use of towels.

 (a)  Only clean cloth towels or disposable paper towels shall be used on clients. Unused cloth towels shall be kept in a closed cabinet. Unused paper towels shall be kept in a closed cabinet or closed towel dispenser. A cloth towel that has been used on a client shall be immediately placed in a closed container for soiled linen. A disposable paper towel that has been used on a client shall be immediately discarded in a covered waste container.

 (b)  The headrest of a facial chair shall be covered with a clean cloth towel or an unused disposable paper towel before the start of each facial.

 (c)  A clean cloth towel, unused disposable paper towel or unused neck strip shall be placed around the neck of a client whose hair is about to be cut to prevent the hair cloth from touching the skin.

Authority

   The provisions of this §  7.93 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.93 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201693).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); 49 Pa. Code §  7.125 (relating to health and safety in school); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.94. Sanitary use of supplies.

 (a)  The use of powder puffs or styptic pencils in a salon is prohibited.

 (b)  Only powered or liquid astringents, applied with a clean cloth towel or clean piece of cotton, may be used to check bleeding.

 (c)  Creams and other semisolid substances shall be removed from their containers with a sterile spatula or similar utensil. The spatula or similar utensil may not be permitted to come into contact with the skin or hair of another client until it is properly disinfected.

 (d)  An article that has been dropped on the floor or otherwise rendered unsanitary shall be sterilized before it is reused.

Authority

   The provisions of this §  7.94 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.94 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201693) to (201694).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); 49 Pa. Code §  7.125 (relating to health and safety in school); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.95. Individual cleanliness.

 Every salon employee who serves the public shall be clean as to person and dress and shall thoroughly cleanse the hands immediately before rendering services to a client and immediately after using the lavatory.

Authority

   The provisions of this §  7.95 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.95 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201694).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); and 49 Pa. Code §  7.125 (relating to health and safety in school).

§ 7.96. Safe use of dyes, tints and chemicals.

 A licensee who uses a dye, tint or other chemical shall follow the directions of the manufacturer and the regulations and instructions of the Federal Food and Drug Administration that appear on or within the container or packaging of the dye, tint or chemical.

Authority

   The provisions of this §  7.96 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.96 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135633).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); and 49 Pa. Code §  7.125 (relating to health and safety in school).

§ 7.97. Protection against infectious, contagious or communicable diseases.

 (a)  A licensee shall refuse to serve a client whom the licensee believes has an infectious, contagious or communicable disease, unless the client can produce a physician’s certification that the client does not have an infectious, contagious or communicable disease.

 (b)  A nonlicensed cosmetology shop employee who renders shampoos to clients shall have a physician’s certification that the employee does not have an infectious, contagious or communicable disease.

Authority

   The provisions of this §  7.97 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.97 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135633).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); and 49 Pa. Code §  7.125 (relating to health and safety in school).

§ 7.98. Violation of related laws.

 The license of a licensee who has pled guilty or nolo contendere to, or has been convicted of, a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780-144), or a similar State or Federal law, shall be subject to suspension or revocation under section 13 of the act (63 P. S. §  519).

Authority

   The provisions of this §  7.98 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.98 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201695).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); and 49 Pa. Code §  7.125 (relating to health and safety in school).

§ 7.99. [Reserved].


Source

   The provisions of this §  7.99 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135634).

§ 7.100. Permanent wave operations and chemical applications.

 A client may not be left unattended during the heating or processing period of a permanent wave operation or chemical application.

Authority

   The provisions of this §  7.100 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.100 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201696).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); and 49 Pa. Code §  7.125 (relating to health and safety in school).

§ 7.101. Electrical appliances.

 Electrical appliances shall be installed properly and grounded.

Authority

   The provisions of this §  7.101 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.101 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135634).

Cross References

   This section cited in 49 Pa. Code §  7.90 (relating to applicability of requirements); 49 Pa. Code §  7.125 (relating to health and safety in school); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.102. [Reserved].


Source

   The provisions of this §  7.102 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135634).

§ 7.103. [Reserved].


Source

   The provisions of this §  7.103 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135635).

§ 7.104. [Reserved].


Source

   The provisions of this §  7.104 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135635).

LICENSURE AND ADMINISTRATION OF SCHOOLS
OF COSMETOLOGY


§ 7.111. Application for a school license.

 (a)  An owner-applicant for a school license shall submit a license application to the Board with the following:

   (1)  A sketch plan showing the layout of the school, including the location of classrooms, offices and lavatories and the position of all floor equipment.

   (2)  The name, signature and license number of the school supervisor, together with proof that the supervisor meets the following qualifications:

     (i)   Possesses a current cosmetology teacher license issued by the Board.

     (ii)   Has done one of the following:

       (A)   Acquired 2,500 hours of satisfactory experience as a cosmetology teacher.

       (B)   Acquired 1,250 hours of experience as a cosmetology teacher and 1,800 hours of experience.

   (3)  The name and signature of the person authorized to accept service of legal notice and to transact business on behalf of the school.

   (4)  Proof that the fictitious name of the school, if any, is registered with the Corporation Bureau of the Department of State.

   (5)  Proof of compliance with applicable provisions of 34 Pa. Code (relating to labor and industry).

   (6)  The fees for a school license and approval of a school supervisor prescribed in §  7.2 (relating to fees).

   (7)  Proof of accreditation or application for accreditation in accordance with §  7.113a (relating to accreditation by a Nationally recognized accrediting agency). Approval by the Department of Education in accordance with Article XVIII of the Public School Code of 1949 (24 P. S. § §  1801—1855) is acceptable proof of accreditation for secondary vocational technical schools.

 (b)  A school license will not be issued until the Board has verified the sworn statements made by the owner-applicant in the license application and the school has been inspected by a Bureau inspector as provided in §  7.113 (relating to inspection of a school before licensure). The Board may request the owner-applicant to appear before the Board to answer questions about the application.

Authority

   The provisions of this §  7.111 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.111 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 6, 2007, effective January 7, 2007, 37 Pa.B. 20; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (325175) to (325176).

Cross References

   This section cited in 49 Pa. Code §  7.113b (relating to change of school location, ownership, fictitious name or supervisor).

§ 7.112. [Reserved].


Source

   The provisions of this §  7.112 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135636).

§ 7.113. Inspection of a school before licensure.

 The final step in the review of an application for a school license is an inspection of the school by a Bureau inspector. If the inspector determines that the school meets the requirements of the act and this chapter, a license will be issued.

Authority

   The provisions of this §  7.113 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.113 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial pages (135636) to (135637).

Cross References

   This section cited in 49 Pa. Code §  7.111 (relating to application for a school license); and 49 Pa. Code §  7.113b (relating to change of school location, ownership, fictitious name or supervisor).

§ 7.113a. Accreditation by a Nationally recognized accrediting agency.

 (a)  Accreditation required. Within 5 years after being licensed by the Board, a school shall submit to the Board proof that it is accredited by a Nationally recognized accrediting agency.

 (b)  Change of ownership, name or location. Except as otherwise provided in subsection (c), a change of ownership, name or location of the school within or following the 5-year period after initial licensure does not negate or postpone the requirement for accreditation within 5 years of initial licensure.

 (c)  Extension for good cause. The Board, upon good cause shown by a new owner who has taken ownership of a school within the 5-year period after initial licensure, may extend the period for obtaining accreditation for up to an additional 5 years from the date the new owner takes ownership.

 (d)  Biennial renewal. After initial accreditation, a licensed cosmetology school shall maintain accreditation as a condition of biennial renewal of the school license.

Authority

   The provisions of this §  7.113a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.113a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 20. Immediately preceding text appears at serial pages (324168) and (201699).

Cross References

   This section cited in 49 Pa. Code §  7.111 (relating to application for a school license).

§ 7.113b. Change of school location, ownership, fictitious name or supervisor.

 (a)  Change of school location. A school license is valid only for the location stated on the license. The owner of a school who wishes to change its location shall submit to the Board an application for a change of school location, together with the information required in §  7.111(a)(1) and (5) (relating to application for a school license) and the fee for a change of school location prescribed in §  7.2 (relating to fees). An inspection of the new location will be conducted in the manner set forth in §  7.113 (relating to inspection of a school before licensure).

 (b)  Change of school ownership. The owner of a school shall immediately notify the Board in writing of a change in the controlling ownership of the school. If a partner or co-owner is being added or deleted, the owner shall submit to the Board an application for a change of license and the fee for change of license prescribed in §  7.2.

 (c)  Change of school fictitious name. The owner of a school that changes its fictitious name shall, within 30 days of the change, submit to the Board an application for a change of license together with proof of registration with the Corporation Bureau of the Department of State and the fee for change of license prescribed in §  7.2.

 (d)  Change of school supervisor. The owner of a school that changes its supervisor shall submit to the Board an application for approval of a school supervisor and the fee for approval of a school supervisor prescribed in §  7.2. The Board will approve a supervisor who meets the requirements in §  7.111(a)(2).

Authority

   The provisions of this §  7.113b issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.113b adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

§ 7.114. School equipment and supplies.

 (a)  A school enrolling 25 students or less must have, at a minimum, the following equipment:

   (1)  Four shampoo basins.

   (2)  Eight hair dryers.

   (3)  Four manicure tables and chairs.

   (4)  Four closed containers for sanitized implements.

   (5)  Four wet sanitizers.

   (6)  Four facial chairs.

   (7)  Four complete sets of cold wave equipment.

   (8)  One mannequin for each student.

   (9)  Twelve styling stations, mirrors and chairs.

   (10)  One locker for each student.

   (11)  Four closed containers for soiled linen.

   (12)  Three closed waste containers.

   (13)  One container for sterile solution for each manicure table.

   (14)  One bulletin board with dimensions of at least 2 feet by 2 feet.

   (15)  One chalkboard with dimensions of at least 4 feet by 4 feet.

   (16)  One linen cabinet.

   (17)  An arm chair or usable table and chair for each student in the theory room.

   (18)  Three timer clocks.

   (19)  Attendance records.

   (20)  Two sanitary towels per student.

 (b)  These minimum equipment requirements shall increase proportionately as the number of students enrolled in the school increases.

Authority

   The provisions of this §  7.114 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.114 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (325178).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.115. Student equipment and supplies.

 (a)  A school shall ensure that each cosmetology student possesses and maintains in sanitary condition the following:

   (1)  One shampoo cape.

   (2)  One pair of scissors.

   (3)  One hair cutting razor.

   (4)  Two brushes.

   (5)  Six combs.

   (6)  A minimum of 100 pin curl clips.

   (7)  Complete tools for nail technology, including emery boards, pusher and brush.

   (8)  A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

   (9)  A basic cosmetology text book. A book of questions and answers is not considered a textbook.

   (10)  One pair of tweezers.

 (b)  A school shall ensure that each esthetician student possesses and maintains in sanitary condition the following:

   (1)  One facial cape.

   (2)  Two spatulas.

   (3)  One pair of tweezers.

   (4)  One make-up kit.

   (5)  Facial supplies.

   (6)  A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

   (7)  A basic skin care/make-up textbook.

 (c)  A school shall ensure that each nail technology student possesses and maintains in sanitary condition the following:

   (1)  One polish kit.

   (2)  Complete tools for nail technology, including emery boards, pusher and brush.

   (3)  A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

   (4)  A basic nail technology textbook.

 (d)  A school shall ensure that each natural hair braiding student possesses and maintains in sanitary condition the following:

   (1)  One shampoo cape.

   (2)  One comb-out cape.

   (3)  Two brushes.

   (4)  Six combs.

   (5)  A minimum of 100 pin curl clips.

   (6)  A carrying case of sufficient size to accommodate the equipment and supplies used by the student.

   (7)  A basic natural hair braiding textbook.

Authority

   The provisions of this §  7.115 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.115 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (325179) and (201701).

§ 7.116. Floor space.

 A school with a maximum enrollment of 25 students shall have a minimum area of 2,750 square feet, exclusive of office space and lavatory facilities, 750 square feet of which shall be devoted to classroom instruction. An additional area of 9 square feet is required for each additional student.

Authority

   The provisions of this §  7.116 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.116 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended January 23, 1976, effective January 24, 1976, 6 Pa.B. 110; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135638).

§ 7.116a. Lavatories.

 (a)  A school shall have separate lavatory facilities on the premises for male and female students.

 (b)  Lavatories shall have hot water available.

Authority

   The provisions of this §  7.116a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.116a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

§ 7.117. Supervisor of a school.

 (a)  A school shall be under the immediate supervision of the school supervisor. The primary responsibility of the supervisor is to ensure that the school conforms to requirements of the act, this chapter and the Pennsylvania Human Relations Act (43 P. S. § §  951—963).

 (b)  A school may not have more than one supervisor. A person may not serve as supervisor of more than one school at the same time.

 (c)  If the school supervisor is unable to be present in the school during a specified period, such as breaks, days off, vacation or illness, not to exceed 3 months, another licensed teacher may serve as temporary supervisor. If the absence is to exceed 2 weeks, the supervisor shall notify the Board in writing of the absence. A notice identifying the temporary supervisor shall be displayed in the school. The temporary supervisor assumes the responsibility of a supervisor as set forth in subsection (a).

Authority

   The provisions of this §  7.117 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.117 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135638).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.118. Professional staff.

 (a)  A school shall employ as teachers of courses that are part of the required curriculum persons who possess a current cosmetology teacher or limited practice teacher license issued by the Board, except that a school may employ as teachers of business or teaching skills persons who hold a current teacher’s certificate issued by the Department of Education.

 (b)  The license of each teacher employed by the school shall be conspicuously displayed in the school.

 (c)  A school shall employ at least one full-time teacher.

 (d)  The student/teacher ratio of a class taught for credit may not exceed 25 to 1, except if a guest lecture is given by a person who is not regularly employed by the school as a teacher.

 (e)  A school shall have attached to its staff for consultation purposes a physician who possess a current license to practice medicine in this Commonwealth.

Authority

   The provisions of this §  7.118 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.118 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201702) to (201703).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.118a. Uniforms.

 Teachers and students shall be attired in washable uniforms during school hours. A teacher uniform must be distinguished from a student uniform.

Authority

   The provisions of this §  7.118a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.118a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201703).

§ 7.119. Student records.

 A school shall maintain the following records for each student:

   (1)  Daily attendance records.

   (2)  Scholastic records.

   (3)  Financial records.

 (b)  A school shall submit to the Board a notarized quarterly report of the hours attended for each student on a form provided by the Board. The reports shall be submitted by the following dates—April 15, July 15, October 15 and January 15—and shall include the names and license numbers of teachers employed and be personally signed by the owner and supervisor of the school.

 (c)  A school shall make copies of a student’s attendance, scholastic and financial records available to the student upon request. The school may charge the student a fee that covers the reasonable cost of making copies of the records.

 (d)  A school shall retain student hours for a minimum of 7 years. A school that goes out of business shall submit the hours to the Board.

Authority

   The provisions of this §  7.119 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.119 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135639).

Cross References

   This section cited in 49 Pa. Code §  7.43 (relating to expiration and renewal of licenses); and 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.119a. Transfer students.

 A school that enrolls a transfer student from another cosmetology school shall obtain:

   (1)  A notarized transcript from the original school listing the hours earned by the student.

   (2)  Verification from the appropriate licensing authority that the other school is licensed in that state, in the case of a student transferring from an out-of-State school to a Pennsylvania school.

Authority

   The provisions of this §  7.119a issued under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.119a adopted May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479.

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.120. Work done by students on the public.

 (a)  A school may permit students to work on the public, and may charge a fee for treatment performed by students on the public based on the reasonable cost of materials used in such treatment, if the students have successfully completed the following hours of instruction:

   (1)  Cosmetology Curriculum—300 Hours

   (2)  Esthetics Curriculum—75 Hours

   (3)  Nail Technology Curriculum—50 Hours

   (4)  Natural Hair Braiding Curriculum—75 Hours

 (b)  A school that permits its students to work on the public shall display in a conspicuous place at the entrance to the school a sign with letters at least 2 inches in height, that states the following: ‘‘ALL WORK IN THE SCHOOL DONE BY STUDENTS ONLY’’ and ‘‘CHARGES FOR REASONABLE COST OF MATERIALS ONLY.’’

 (c)  A school shall display in a conspicuous place at the entrance to the school a sign stating that it is a school of cosmetology.

Authority

   The provisions of this §  7.120 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.120 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201704) to (201705).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.121. Advertising.

 (a)  Advertisements by a school shall contain its licensed name.

 (b)  A school may advertise cosmetology services that are rendered by its students, if the advertisement conspicuously states that all services in the school are performed by students only and that charges for services are based on the reasonable cost of materials only.

Authority

   The provisions of this §  7.121 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.121 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135640).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops).

§ 7.122. Course schedules.

 (a)  Day-time students may earn a maximum of 8 hours of credit per day and a maximum of 40 hours of credit per week.

 (b)  Night-time students may earn a maximum of 4 hours of credit per night and a maximum of 20 hours of credit per week, when the school is operated 5 nights per week. If a school is not operated 5 nights per week, a night-time student will be given credit at the rate of hours per night, if actually earned, for each night the student attended.

 (c)  A student may attend a combination of day and night sessions but may not earn more than 8 hours of credit per day.

Authority

   The provisions of this §  7.122 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.122 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135640).

§ 7.123. Duty work.

 A school shall require students to keep their stations clean and to assist in general cleanup and other duties that may be required in an operating salon, except that students may not be required to scrub floors, wash windows or perform janitorial tasks.

Authority

   The provisions of this §  7.123 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.123 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (201706).

§ 7.124. Laundry facilities.

 Laundry work is permitted in a school if it is done in an area that is specifically set aside for that purpose.

Authority

   The provisions of this §  7.124 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.124 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135641).

§ 7.125. Health and safety in school.

 A school shall observe the same health and safety requirements that are prescribed for salons in § §  7.91—7.98, 7.100 and 7.101.

Authority

   The provisions of this §  7.125 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.125 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (201706) and (324169).

§ 7.126. [Reserved].


Source

   The provisions of this §  7.126 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135641).

§ 7.127. Posting of Board notices.

 A school shall insure that all notices required to be posted by the Board are displayed in a conspicuous location and maintained in a readable condition. If a Board notice is defaced or removed, the school supervisor shall immediately notify the Board that a replacement notice is needed.

Authority

   The provisions of this §  7.127 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.127 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135641).

§ 7.128. Mandatory offering of cosmetology curriculum.

 (a)  A school shall offer instruction in the curriculum for cosmetologists prescribed in §  7.129 (relating to curriculum requirements).

 (b)  A school may offer instruction in the curriculum for teachers, estheticians, nail technicians and natural hair braiders prescribed in §  7.129.

Authority

   The provisions of this §  7.128 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.128 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324169).

§ 7.129. Curriculum requirements.

 (a)  Except as provided in subsection (b), a school’s cosmetology curriculum, excluding electives, must comprise a minimum of 1,250 hours, and cover the following subjects; the accompanying breakdown of hours by subject is recommended:

BASIC COSMETOLOGY CURRICULUM

Recommended

Hours
Professional Practices 50
 Bacteriology, Disinfection, Sanitation
 Professional Attitude
 Business Practices
 PA Cosmetology Law
Sciences 200
 Histology
 Trichology
 Chemistry
 Physiology
 Cosmetic Dermatology
 Electricity
Cosmetology Skills—Cognitive and  Manipulative 1,000
 Shampooing and Conditioning
 Hair Shaping
 Hair Styling/Fingerwaving
 Chemical Texturizing
 Permanent Waving
 Hair Coloring
 Hair Straightening
 Skin Care
 Nail Technology
 Temporary Hair Removal
 Scalp Treatment
 Care of all hair types and textures
 Makeup
Total 1,250


 (b)  A school’s cosmetology curriculum for a student who holds a barber’s license issued by the State Board of Barber Examiners must comprise a minimum of 695 hours and cover the subjects in subsection (a); the following breakdown of hours by subject is recommended:

Recommended

Hours
Professional Practices 15
Sciences 80
Cosmetology Skills—  Cognitive and Manipulative 600
Total 695

 (c)  A school’s teacher curriculum, excluding electives, must comprise a minimum of 500 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:

TEACHER CURRICULUM

Recommended

Hours

 Teaching Techniques for Subjects Related To   Cosmetology Curriculum 300
 Student Teaching 100
 Professional Practices 25
 Salon Management Theory 75
Total 500


 (d)  A school’s esthetics curriculum, excluding electives, must comprise a minimum of 300 hours and cover the following subjects; the accompanying breakdown of hours by subject is recommended:

ESTHETICS CURRICULUM

Recommended

Hours
Professional Practices 40
Sciences 100
Facial Treatments 100
Temporary Hair Removal 10
Makeup 50
Total 300


 (e)  A school’s nail technology curriculum, excluding electives, must comprise a minimum of 200 hours and cover the following subjects; the accompanying breakdown of hours by subjects is recommended:

NAIL TECHNOLOGY COURSE OUTLINE

Recommended

Hours
Professional Practice25
Sciences75
Nail Treatments 75
Pedicuring 25
Total 200


 (f)  A school’s natural hair braiding curriculum, excluding electives, must comprise a minimum of 300 hours and cover the following subjects; the accompanying breakdown of hours by subjects is recommended:

NATURAL HAIR BRAIDING COURSE OUTLINE

Recommended

Hours
Professional practices, including sanitation 50
Sciences, including scalp care and anatomy 125
Cognitive and manipulative skills related to natural  hair braiding 125
Total 300



Authority

   The provisions of this §  7.129 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.129 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7247; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324170) to (324172).

Cross References

   This section cited in 49 Pa. Code §  7.128 (relating to mandatory offering of cosmetology curriculum); and 49 Pa. Code §  7.132 (relating to apprentice curriculum).

§ 7.130. Library.

 A school shall maintain a library containing sufficient copies of the act and this chapter for each student as well as standard textbooks on the theory and practice of cosmetology.

Authority

   The provisions of this §  7.130 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.130 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135642).

PREPARATION BY APPRENTICESHIP METHOD


§ 7.131. Introduction.

 An individual who chooses to seek eligibility for the cosmetologist examination by apprenticeship shall comply with section 10 of the act (63 P. S. §  516) and the applicable requirements of this section and § §  7.132—71.134 (relating to preparation by appenticeship method).

Authority

   The provisions of this §  7.131 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.131 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324172) to (324173).

§ 7.132. Apprentice curriculum.

 The cosmetology teacher responsible for offering instruction to an apprentice in a cosmetology salon shall teach the same cosmetology curriculum that the Board prescribes for schools of cosmetology in §  7.129 (relating to curriculum requirements), with additional hours included so that the total number of hours adds up to 2,000, as follows:

BASIC COSMETOLOGY APPRENTICE CURRICULUM

Recommended

Hours

Professional Practices 50
 Bacteriology, Disinfection, Sanitation
 Professional Attitude
 Business Practices
 PA Cosmetology Law
Sciences 200
 Histology
 Trichology
 Chemistry
 Physiology
 Cosmetic Dermatology
 Electricity
Cosmetology Skills—Cognitive and Manipulative 1,750
 Shampooing and Conditioning
 Hair Shaping
 Hair Styling/Fingerwaving
 Permanent Waving
 Hair Coloring
 Hair Straightening
 Skin Care
 Nail Technology
 Temporary Hair Removal
 Scalp Treatment
 Care of all hair types and textures
 Makeup
Total 2,000



Authority

   The provisions of this §  7.132 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.132 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324173).

Cross References

   This section cited in 49 Pa. Code §  7.131 (relating to introduction).

§ 7.133. Application for apprentice permit.

 To qualify for apprenticeship training in a cosmetology shop, an individual shall apply to the Board for an apprentice permit.

Authority

   The provisions of this §  7.133 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.133 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial page (324173).

Cross References

   This section cited in 49 Pa. Code §  7.131 (relating to introduction).

§ 7.134. Apprentice reports.

 The owner of a cosmetology shop that employs apprentices shall submit to the Board, on a form provided by the Board, a quarterly report of the hours earned by each apprentice. The reports shall be submitted by the following dates: April 15, July 15, October 15 and January 15.

Authority

   The provisions of this §  7.134 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.134 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 219. Immediately preceding text appears at serial pages (324173) to (324174).

Cross References

   This section cited in 49 Pa. Code §  43b.5 (relating to schedule of civil penalties—cosmetologists, manicurists, cosmeticians, shops); and 49 Pa. Code §  7.131 (relating to introduction).

§ 7.135. Equipment.

 An apprentice shall be supplied with minimum student equipment and one mannequin.

Authority

   The provisions of this §  7.135 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.135 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135643).

§ 7.136. Apprentice hours.

 An apprentice shall work a minimum of 25 hours per week to acquire the minimum 2,000 hours of apprenticeship training.

Authority

   The provisions of this §  7.136 amended under sections 5 and 11 of the act of May 3, 1933 (P. L. 242, No. 86) (63 P. S. § §  511 and 517).

Source

   The provisions of this §  7.136 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135643).

§ 7.141. [Reserved].


Source

   The provisions of this §  7.141 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135644).

§ 7.142. [Reserved].


Source

   The provisions of this §  7.142 adopted September 12, 1975, effective September 13, 1975, 5 Pa.B. 2391; reserved May 24, 1991, effective May 25, 1991, 21 Pa.B. 2479. Immediately preceding text appears at serial page (135644).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.