Chapter 4713-13 Beauty and Nail Salon Licensing

4713-13-01 Change of ownership.

Salon facility licenses are not transferable from one address to another, or from one owner to another. A new salon license application must be filed within thirty days of any change of ownership. salons are permitted to open or offer services while the application is processed and are subject to the “Board’s” approval under the rules contained in Chapter 4713-1 of the Administrative Code. Any salon with an administrative action(s) pending cannot transfer a license until the administrative action(s) is resolved.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.02

Rule Amplifies: RC 4713.16

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

4713-13-02 Independent Contractor.

(A) Independent contractors, formerly known as “booth renters”, will receive beauty salon licenses that meet the following criteria:

(1) Addressed to the licensee’s home address.

(2) The license must be posted at all times with the individuals cosmetology or branch of cosmetology license in the salon where they are working.

(3) These licensees will be a different color from other salon licenses.

(4) Applicants must have an active manager’s license for the appropriate branch of cosmetology.

(5) This license authorizes the individual to work in any Board licensed salon, which includes their branch of cosmetology.

(B) Where a license for an independent contractor has been issued, the “Board” shall hold the individual independent contractor 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 any employee areas.

(2) Independent contractors are responsible for own station areas permanently assigned and any being used when inspection occurs.

(3) Independent contractors are equally responsible for common areas when present.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 47.08(A)(9)

Rule Amplifies: RC 4713.39

Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00, 1/10/04

4713-13-03 Necessity of managers.

(A) A licensee with an active manager license shall be present in a salon at all times in which a salon is open except that a manager may be absent from a salon for a period of sixty minutes two times a day so long as the manager is readily accessible by phone, or the equivalent, and can return to the salon within thirty minutes. A manager must return to the salon when requested by a “Board” inspector, when requested by an employee, and whenever any situation arises which may affect any persons safety.

(B) A business establishment that is engaged primarily in retail sales but is also licensed as a salon shall have a person holding a current, valid managing license for that type of salon in charge of and in immediate supervision of the cosmetology services during active, posted or advertised service hours.

(C) A primarily retail salon is defined as one that has at least fifty percent of square footage devoted to retail sales and which is open for salon services at least seventy-five percent of the hours the retail facility is open.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.08(A)(1)

Rule Amplifies: RC 4713.41

Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 5/1/04

4713-13-04 Licenses must be conspicuously displayed.

(A) All persons practicing any branch of cosmetology must conspicuously display a current “Board” license with a recent, not more than five years old, approved photograph for inspection by authorized agents of the “Board”.

(B) Each salon owner shall be responsible for hiring only individuals licensed by the “Board” and shall require that all persons employed for cosmetological services hold a current applicable and valid Ohio license.

(C) Salon owners who employ persons holding a temporary work permit, are responsible for ensuring that the work permit holder has a current, valid, and conspicuously displayed work permit.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.02

Rule Amplifies: RC 4713.16

Prior Effective Dates: 1/18/85, 12/17/89, 2/24/91, 1/26/97, 4/1/00

4713-13-05 Inspection of salons.

All authorized agents of the “Board” shall have the authority to enter and make reasonable inspections of any salon during its regular business hours for the purpose of determining whether or not the “Board’s” rules are being observed. If no hours of operation are posted and the salon’s doors are unlocked an inspector may conduct an inspection and the salon will be deemed as “open for business”. Persons duly authorized to make an inspection of salons shall prepare a report of the inspection on forms provided by the “Board”. The report shall be signed by the inspector and by the owner of the salon or by a person authorized to sign for the owner. A copy of the inspection report shall be left with the owner or manager of the salon.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.02

Rule Amplifies: RC 4713.02

Prior Effective Dates: 9/5/77, 12/17/89, 2/24/91, 1/26/97, 4/1/00

4713-13-06 Licensee list.

The owner, manager, or person in charge of each licensed cosmetology facility shall do the following:

Make available upon request of a board inspector a current list, on a form prescribed by the board, containing the name of each person employed by or leasing space in the salon, the type of license(s) that each person holds, the identification number of each such license(s), and current address.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.02

Rule Amplifies: RC 4713.02

Prior Effective Dates: 4/1/00

4713-13-09 Retailing of items in salons.

Salons may retail any legal merchandise in their salon as long as the merchandise does not create a health, safety or sanitation problem.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.02

Rule Amplifies: RC 4713.14

Prior Effective Dates: 4/1/01

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

Services on the public shall not be performed at trade shows or other public events. Demonstrations on models are allowed. Models shall have a written contract with a performance payment.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.02

Rule Amplifies: RC 4713.14

Prior Effective Dates: 4/1/01

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

Non-cosmetology related businesses may be located in the same building or facility, but they shall have their own entrance and separate rooms and walls.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.02

Rule Amplifies: RC 4713.14

Prior Effective Dates: 4/1/01

4713-13-12 Special services certification.

(A) As used in this rule, “A special service” means any procedure, and the devices used to perform the procedure, which cause entry into skin, or the application of chemicals, electricity, or non-medical cosmetological service to skin or hair, for example, microdermabrasion, ear piercing, etc.

(B) Salons and schools shall not provide any special service until the “Board” has reviewed and approved the service for use in licensed salons and schools. A request to review a special service shall be made to the “Board” on forms provided by the “Board”.

(C) The “Board” at the time of approval will provide requirements for use of each specific device and procedure covered by this rule which must be followed by the licensed salons and schools; in addition the salons and schools must comply with the following general requirements:

(1) Salon and school owners must ensure only licensees who have received approved manufacturers training are permitted to operate devices.

(2) Each individual trained must have a certificate of training for the device from the manufacturer or the manufacturers’ authorized representative posted in the room in which services are provided.

(3) Operators must comply with manufacturers’ directions in the use of all equipment and products.

(4) Operators must advise clients of the necessity of any manufacturers’ recommended follow-up care, such as sunscreen protection, etc.

(5) Only licensed salons or schools may provide the “Board” approved special service.

(6) Products and devices used in salons and schools must meet all federal drug administration, cosmetic ingredient review and/or guidelines of the esthetics manufacturers and distributors alliance of the American beauty association.

(D) “Board” licensees and other Ohio professional board licensees may provide permanent makeup services in a salon if they comply with all of the following requirements.

(1) The salon shall obtain an approval to operate a business that offers tattooing services from the board of health of the city or general health district in which the business is located and comply with all requirements of Chapter 3730 of the Revised Code and Chapter 3701-9 of the Ohio Administrative Code.

(2) All licensees providing permanent makeup services shall have available in the salon documented completion of a minimum of a sixty hour training program approved by the Society of Permanent Cosmetic Professionals, the American Academy of Micropigmentation or an equivalent program.

R.C. 119.032 review dates: 08/29/2005 and 03/31/2010

Promulgated Under: 119.03

Statutory Authority: RC 4713.02

Rule Amplifies: RC 4713.14

Prior Effective Dates: 4/1/01