Chapter 4713-13 Beauty and Nail Salon Licensing

4713-13-01 Change of ownership.

(A) Salon facility licenses are not transferable from one address to another or from one owner to another.

(B) The purchaser of a salon shall obtain a new license for the salon as set forth in paragraph (C) of rule 4713-1-11 of the Administrative Code.

(1) A salon that changes its designated space within a mall, office building, nursing home, or other facility is excepted from the requirements to obtain a new license if the salon meets the following requirements:

(a) The salon's physical address does not change, and

(b) The salon notifies the board of its change in location within thirty days of the change,

(c) If the salon's physical address changes, the salon shall follow the procedure for obtaining a new license as set forth in paragraph (C) of rule 4713-1-11 of the Administrative Code.

(2) As set forth in rule 4713-1-11 of the Administrative Code, a new salon license application must be filed within thirty days of any change of ownership.

(3) A salon is permitted to open or offer services while the application is processed and is subject to the board's approval under the rules contained in Chapter 4713-11 of the Administrative Code.

Replaces: 4713-13-01

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
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 7/1/00

4713-13-02 Independent contractor.

(A) In accordance with section 4713.55 of the Revised Code, independent contractors will receive an independent contractor license that states the branch of cosmetology the holder is entitled to offer within a licensed salon or states the following, "independent contractors are entitled to offer within a licensed salon, cosmetology or any branch of cosmetology for which a current, valid practicing license is held."

(B) The fee for issuance of an independent contractor license under section 4713.55 of the Revised Code shall be seventy-five dollars. The fee for renewal shall be sixty dollars.

(C) An independent contractor shall have a valid, current license for the branch of cosmetology in which the applicant practices.

(D) Where a license for an independent contractor has been issued, the board shall hold the individual independent contractor and the salon owner responsible for compliance with all cosmetology statutes and rules as follows:

(1) The salon owner is responsible for all common areas;

(2) Independent contractors are equally responsible for common areas when present; and

(3) Where the salon has individual locked work areas or salons, each independent contractor having the authority to use the individual work area or salon shall be available or shall have an authorized representative be available to open the locked work area or salon within an hour of the arrival of a board inspector for an inspection or investigation.

Effective: 12/5/2016
Five Year Review (FYR) Dates: 06/03/2016 and 12/05/2021
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(9), 4713.39
Rule Amplifies: 4713.39
Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00, 1/10/04, 9/28/08, 11/1/2013, 3/26/2015

4713-13-03 [Rescinded] Necessity of managers.

Effective: 4/3/2017
Five Year Review (FYR) Dates: 01/13/2017
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, 5/1/04, 11/01/2013

4713-13-04 [Rescinded] Licenses must be conspicuously displayed.

Effective: 12/5/2016
Five Year Review (FYR) Dates: 09/09/2016
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.01, 4713.39, 4713.41
Prior Effective Dates: 9/5/77, 1/18/85, 12/17/89, 2/24/91, 1/26/97, 4/1/00, 11/1/2013

4713-13-05 [Rescinded] Inspection of salons.

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

4713-13-06 [Rescinded] Licensee list.

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: 4/1/00

4713-13-07 Employee/employer infection control responsibility.

(A) All licensees or boutique services registration holders in a salon and the salon owner shall maintain infection control. All licensees and boutique services registration holders shall be responsible, along with salon owners, for maintaining infection control standards and safety standards of an individual station area assigned to a licensee or boutique services registration holder and/or a station being used by the licensee or boutique services registration holder.

(B) The board shall hold the individual licensee, boutique services registration holder, and the salon owner responsible for the compliance with all cosmetology statutes and rules as follows:

(1) Salon owner is responsible for all common areas; and

(2) Licensees and boutique services registration holders are responsible for the area in which they are delivering services and any being used when inspection occurs.

(C) Individual licensees engaged in the practice of cosmetology, any branch of cosmetology, or boutique services shall thoroughly cleanse their hands with soap and water or an anti-bacterial sanitizer immediately before serving each patron.

Effective: 4/3/2017
Five Year Review (FYR) Dates: 01/13/2017 and 04/03/2022
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(1), (A)(15), (A)(20)
Rule Amplifies: 4713.41, 4713.64
Prior Effective Dates: 2/28/2014

4713-13-08 [Rescinded] Salon/employee written agreement.

Effective: 3/26/2015
Five Year Review (FYR) Dates: 01/09/2015
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.41
Prior Effective Dates: 11/1/2013

4713-13-09 Retailing of items in salons.

Salons, salon owners and operators of salons may retail any legal merchandise in the salon as long as the salon follows the applicable local, state and federal laws for the sales of said merchandise, and as long as the sale of the merchandise is not in violation of any of the board's laws or rules.

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: 4/1/01

4713-13-10 Demonstrations at trade shows and other events.

A licensed cosmetology professional may perform services on a member of the public or on a professional model at trade shows .

Effective: 3/26/2015
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.01, 4713.41
Prior Effective Dates: 4/1/01, 11/1/2013

4713-13-11 Other business co-located in a licensed facility. [Rescinded].

Rescinded eff 9-28-08

4713-13-12 [Rescinded] Special services certification.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.02, 4713.07, 4713.14, 4713.18, 4713.28, 4713.35, 4713.39, 4713.64
Prior Effective Dates: 4/1/01, 2/1/05