Chapter 4713-11 Salons

4713-11-01 Application for operation of beauty salon.

All applicants for a license for the operation of a salon under provisions of Chapter 4713 of the Revised Code shall apply on forms supplied by the board for the operation of a salon and for the procedures to follow in making application for licensure. No salon shall begin operating or providing services to the public until the proper license is obtained and displayed. Applicants for salons in which a branch of cosmetology as defined in section 4713.01 of the Revised Code is practiced shall ensure that the salon conforms with all local zoning and planning regulations.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1)
Rule Amplifies: 4713.14 , 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00, 1/10/04

4713-11-02 [Rescinded] Floor plan and zoning approval.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00

4713-11-03 Water supply; waste disposal.

Every salon facility shall be equipped with an adequate supply of hot and cold running water and proper plumbing. Every salon facility shall adhere to the following standards:

(A) Safe water supply shall be provided;

(B) Sewage and other liquid wastes shall be disposed of in a sanitary manner;

(C) The storage and collection of solid waste shall be conducted so as to avoid creation of health hazards, rodent harborages, insect breeding areas and accidents;

(D) Solid waste shall be stored in waste containers with solid sides;

(E) Solid wastes shall be collected at least once each week.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1)
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00

4713-11-04 Permits.

All salon facilities shall comply with all requirements and/or permits required by state, local and federal regulations.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1)
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00, 10/31/06

4713-11-05 Restrooms.

All salon facilities shall be equipped with at least one restroom, including a toilet and hand-washing sink with hot and cold running water. The restroom shall be kept clean and functional at all times. The restrooms shall have a pump soap container with antibacterial soap, solid waste containers with solid sides or liner, and paper towel dispenser or equipment for hand-drying. Salons located in a mall, office building, nursing home or other with available public restrooms are excepted from the requirement to have a separate restroom located in the salon, if a restroom that is clean and functional is nearby and available for use without objection by the owner of the restroom.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(14)
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89/, 2/24/91, 1/26/97, 4/1/00, 1/10/04

4713-11-06 Cosmetological substance storage.

All locations where cosmetology services are performed shall designate a cabinet or other similar storage container or units that are adequate to safely store chemicals and other cosmetological substances. Each cosmetology substance storage container shall be of a size sufficient to provide storage for the cosmetological substances to be used in the services provided by the licensees in a salon.

Replaces: 4713-11-06

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(14)
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89/, 2/24/91, 1/26/97, 4/1/00, 1/10/04, 9/28/08

4713-11-07 Display of sign.

Every salon or tanning facility permitted by the board shall have a sign as set forth in rule 4713-1-12 of the Administrative Code.

Replaces: 4713-11-07

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1)
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89/, 2/24/91, 1/26/97, 4/1/00, 1/10/04

4713-11-08 Resident salons and mobile home salons.

(A) Except for salons licensed prior to September 5, 1977, a salon may be located in a residence provided the salon shall have an entrance to the outside separate from the living quarters or garage of the residence. The salon may have doors within its interior that allow access into the living quarters or garage or basement of the residence. The doors shall be solid with a wood frame or other solid frame, and shall be able to be secured, and shall be kept closed during the time when the salon is open for business.

(1) Residential salons shall be properly licensed according to the branch of cosmetology practiced in the salon.

(2) The residential salons shall be subject to all laws and rules of Chapter 4713. of the Revised Code and the rules promulgated under it in order to obtain and maintain licensure and shall comply with all licensure and operating requirements prescribed in this paragraph for salons.

(B) Mobile homes, motor homes, trailers or any type of recreational vehicle that are not designed for commercial use under the Ohio building codes are prohibited for licensure as any type of salon or tanning facility. A motor home, defined as a self-propelled recreational vehicle that has no fifth wheel, constructed with permanently installed facilities for cold storage, cooking, consuming of food and that has been remodeled and certified for class A commercial usage, may be used as a mobile salon.

(1) Mobile salons shall be subject to all laws and rules of Chapter 4713. of the Revised Code and the rules promulgated under it in order to obtain and maintain licensure and shall comply with all licensure and operating requirements prescribed in this paragraph for salons.

(2) Each mobile salon must be equipped with a functional sink and flush chemical toilet with a holding tank.

(3) The mobile salon's responsible party's telephone number, e-mail address and permanent address shall be included on the mobile salon's application for licensure, and must be updated and accurate.

(4) In disposing of sewage and waste water, each mobile salon shall comply with all applicable federal, state, and local environmental and sanitary regulations.

(5) No service may be performed on a patron in a moving vehicle. Services shall be performed in a mobile salon that is parked in a safe, accessible, legal parking spot.

(6) A mobile salon shall be equipped with a board approved mobile tracking device and mechanism to track the movements of the mobile salon to allow the inspectors to conduct an inspection of a mobile salon and a permanently placed salon in the same manner.

(7) Operation of a mobile salon shall cease promptly when:

(a) Waste water storage capacity has been reached;

(b) The toilet and or sink are non-functioning, or

(c) The mobile salon no longer has an adequate supply of clean water, or adequate waste water capacity for completing all cosmetology services.

Replaces: 4713-11-08

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1)
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89/, 2/24/91, 1/26/97, 10/31/06

4713-11-09 Exhaust fumes from service areas.

In any licensed salon, the service area shall be equipped with properly maintained commercial exhaust fans or air filtration equipment that is compliant with local and state commercial building codes.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1) , 4713.08(A)(14)
Rule Amplifies: 4713.41
Prior Effective Dates: 9/5/77, 12/17/89/, 2/24/91, 1/26/97, 7/1/00

4713-11-10 Services that may be provided in a salon.

(A) A salon may provide non-cosmetology services as follows:

(1) The salon may provide a service regulated by another Ohio board or agency, if the provider of the service holds a current, valid license from the board or agency regulating the service;

(2) If the service involves touching parts of the body, the provider shall have an Ohio license or certificate to provide that service;

(3) The salon may offer a service not regulated in Ohio, if the service offered is legal, does not involve touching and is not in conflict with any law or regulation of the cosmetology profession, or of the state of Ohio or any municipality or township or county in Ohio in which the salon is located.

(B) The salon may permit an independent contractor to provide cosmetology services in the salon if all of the following conditions have been met:

(1) The independent contractor holds an independent contractor's license as set forth in rule 4713-13-02 of the Administrative Code;

(2) Both the salon and the independent contractor sign an agreement setting forth the requirements of independence and control as described in rule 4713-13-02 of the Administrative Code, and

(3) Both the salon and independent contractor are in compliance with the laws and rules of practice for independent contractors in the practice of cosmetology.

(C) A salon with employees shall have an agreement in writing with employees setting forth the obligations for the employees.

(D) As set forth in section 4713.14 of the Revised Code, no person in a salon shall practice a branch of cosmetology for pay, free or otherwise without a current valid license, a current valid temporary special occasion work permit, a current valid temporary work permit appropriate to the branch of cosmetology practiced.

Replaces: 4713-11-10

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41 , 4713.42
Prior Effective Dates: 1/17/02, 1/10/04

4713-11-11 Glamour photography services.

All cosmetology services performed in conjunction with glamour photography services shall be provided only by a person holding a current cosmetology or esthetician license.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(7)
Rule Amplifies: 4713.41
Prior Effective Dates: 1/10/04

4713-11-12 Non-cosmetology Ohio professional regulatory board licensees.

All licensees from any Ohio professional regulatory board are eligible to work in salons in keeping with the laws and rules of their governing boards. Any issue that arises concerning a licensee shall be referred to the appropriate governing board.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41
Prior Effective Dates: 1/10/04