NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 695
HOUSE BILL 928
AN ACT TO REVISE GENERAL STATUTES CHAPTER 86, RELATING TO REGULATION OF BARBERS.
The General Assembly of North Carolina enacts:
Section 1. Chapter 86 of the General Statutes is rewritten to read:
"Chapter 86.
"Barbers.
"§ 86-1. Necessity for certificate of registration and shop or school permit. — No person or combination of persons shall, either directly or indirectly, practice or attempt to practice barbering in the State of North Carolina without first obtaining a certificate of registration either as a registered apprentice or as a registered barber issued pursuant to provisions of this Chapter by the State Board of Barber Examiners. No person or combination of persons, or corporation, shall operate, manage or attempt to operate or manage a barber school, barber shop, or any other place where barber services are rendered, after July 1, 1945, without first obtaining a shop permit, or school permit, issued by the State Board of Barber Examiners, pursuant to the provisions of this Chapter.
"§ 86-2. What constitutes practice of barbering. — Any one or combination of the following practices constitutes the practice of barbering in the purview of this Chapter:
(1) shaving or trimming the beard, or cutting the hair;
(2) dyeing the hair or applying hair tonics, permanent waving or marcelling the hair;
(3) giving facial or scalp massages, or treatments with oils, creams, lotions or other preparations either by hand or mechanical appliances.
"§ 86-3. Qualifications for certificate as a registered barber. — A certificate of registration as a registered barber shall be issued by the Board to any person who meets the following qualifications:
(1) has attended an approved barber school for at least 1528 hours;
(2) has completed a 12-month apprenticeship under the supervision of a licensed barber, as provided in G.S. 86-24; and
(3) has passed an examination conducted and approved by the Board to determine the fitness of the applicant to practice barbering, such examination to test the applicant on knowledge of barbering, sanitary rules and regulations, and knowledge of the diseases of the face, skin and scalp, the purpose being to avoid the aggravation and spread of disease in the practice of barbering.
"§ 86-4. State Board of Barber Examiners; appointment and qualifications; term of office; removal. — The State Board of Barber Examiners is established to consist of three experienced barbers appointed by the Governor for four-year staggered terms. The Governor may remove any member for good cause shown and appoint members to fill unexpired terms.
"§ 86-5. Powers and duties of the Board. — The Board has the following powers and duties:
(1) to see that inspections of barber shops and schools are conducted to determine compliance with sanitary regulations. The Board may appoint inspectors as necessary;
(2) to adopt sanitary regulations concerning barber schools and shops and procedural rules in accordance with the guidelines established in G.S. 86‑15;
(3) to review the barber licensing laws of other states and to determine which are 'substantially similar' to the laws of North Carolina for reciprocity purposes;
(4) to conduct examinations of applicants for certificate of registration as registered barber, registered apprentice and barber school instructor;
(5) each Board member shall submit periodic reports to the Board concerning his activities in carrying out duties as a Board member.
"§ 86-6. Office; seal; officers and secretaries; bond. — The Board shall maintain a suitable office in Raleigh, and shall adopt and use a common seal for the authentication of its orders and records. The Board shall elect its own officers, and in addition, may elect or appoint a full-time executive secretary who shall not be a member of the Board, and whose salary shall be fixed by the Governor with the approval of the Advisory Budget Commission. The executive secretary, before entering upon the duties of the office, shall execute to the State of North Carolina a satisfactory bond with a duly licensed bonding company in this State as surety, or other acceptable surety, such bond to be in the penal sum of not less than ten thousand dollars ($10,000) and conditioned upon the faithful performance of the duties of the office and the true and correct accounting of all funds received by him. The executive secretary shall turn over to the State Treasurer to be credited to the State Board of Barber Examiners all funds collected or received by him under this Chapter, the funds to be held and expended under the supervision of the Director of the Budget, exclusively for the enforcement and administration of the provisions of this Chapter. Nothing herein shall be construed to authorize any expenditure in excess of the amount available from time to time in the hands of the State Treasurer derived from fees collected under the provisions of this Chapter and received by the State Treasurer pursuant to the provisions of this section.
"§ 86-7. Salary and expenses; employees; audits; annual reports to the Governor. — (a) Each member of the Board of Barber Examiners shall be reimbursed for his actual expenses and shall receive compensation and travel allowance according to G.S. 93B-5 for the distance traveled in performance of his duties. The expenses, compensation and all other salaries and expenses in connection with the administration of this Chapter, shall be paid upon warrant drawn on the State Treasurer, solely from the funds derived from fees collected and received under this Chapter.
(b) The Board shall employ such agents, assistants and attorneys as it deems necessary.
(c) Each member of the Board of Barber Examiners, and each of its agents and assistants who collect any monies or fees in the discharge of their duties, shall execute to the State of North Carolina a bond in the sum of one thousand dollars ($1,000) conditioned upon the faithful performance of the duties of office, and the true accounting for all funds collected.
(d) A complete audit and examination of the receipts and disbursements of the State Board of Barber Examiners shall be made annually by the State Auditor.
(e) The Board shall report annually to the Governor, a full statement of its receipts and expenditures, and also a full statement of its work during the year, together with such recommendations as it may deem expedient.
"§ 86-8. Application for examinations; payment of fee. — Each applicant for an examination shall:
(1) make application to the Board on forms prepared and furnished by the Board, and the application shall contain proof under applicant's oath of the particular qualifications of the applicant. All applications for examination must be filed with the Board at least 30 days prior to the actual taking of such examination by applicants;
(2) pay to the Board the required fee.
"§ 86-9. Board to conduct examinations not less than four times each year. — The Board shall conduct examinations of applicants for certificates of registration to practice as registered barbers and registered apprentices, not less than four times each year, at such times and places as will prove most convenient and as the Board may determine.
"§ 86-10. Issuance of certificates of registration. — Whenever the provisions of this Chapter have been complied with, the Board shall issue, or have issued, a certificate of registration as a registered barber or as a registered apprentice, as the case may be.
"§ 86-11. Temporary permits. — (a) The Board may grant a temporary permit to work to a graduate of a barber school in North Carolina provided application for examination has been filed and fee paid. The permit is valid only until the date of the next succeeding Board examination of applicants for barber license except in cases of undue hardship as the Board may determine, unless it is revoked or suspended earlier by the Board. The permittee may operate only under the supervision of a licensed barber.
(b) The Board may grant a temporary permit to work to one whose license has been expired for more than five years in North Carolina provided application for examination to restore has been filed and fee paid. The permit is valid only until the date of the next succeeding Board examination of applicants for barber licenses except in cases of undue hardship as the Board may determine, unless it is revoked or suspended earlier by the Board.
(c) The Board may grant a temporary permit to persons licensed in another state who come to North Carolina for the purpose of teaching or demonstrating barber skills. The Board shall also inspect and approve the area where the demonstration is to be given if it is not an already approved shop or school. This permit shall be limited to the specific days of demonstration and shall be of no validity before or after.
(d) The Board may grant a temporary permit to work to persons licensed in another state and seeking permanent licensure in North Carolina provided application for examination has been filed and fee paid. The permit is valid until the next succeeding board examination of applicants for reciprocity licenses, except in cases of undue hardship as the Board may determine, unless it is revoked or suspended earlier by the Board.
"§ 86-12. Reciprocity. — (a) The Board may issue a barber's license to one who is licensed by another state and has practiced barbering for three years next preceding his or her application and who has paid the required fee and demonstrated a knowledge of barbering skills, and the sanitary regulations in North Carolina by practical, written or oral examination as determined by the Board, at a time to be set by the Board.
(b) The Board may issue a barber's license to one who has graduated from an approved barber school in another state or who has been licensed in another state and has practiced for less than three years if the Board determines that the requirements of that state are substantially similar to those in North Carolina, the applicant's license is in good standing and the applicant demonstrates a knowledge of barbering skills and of the sanitary regulations of North Carolina, by practical, written or oral examination as determined by the Board, at a time to be set by the Board.
"§ 86-13. Barber shop and barber school permits. — Any person, firm or corporation, before establishing or opening a barber shop or barber school not heretofore licensed by the State or the Board shall make application to the Board on forms to be furnished by the Board, for a permit to operate a barber shop or barber school, and the shop or school of the applicant shall be inspected and approved by the State Board of Barber Examiners or an agent designated for that purpose by the Board, before the barber shop or barber school may open for business. It is unlawful to open a new or reopened barber shop or barber school until that shop or school has been inspected and determined by the Board to be in compliance with the requirements of G.S. 86-15 in the case of shops and G.S. 86-15 and G.S. 86-22 in the case of schools. Upon compliance by the applicant with all requirements set forth in G.S. 86-15, and the payment of the prescribed fee the Board shall issue to the applicant the permit applied for.
"§ 86-14. Persons exempt from the provisions of this Chapter. — The following persons are exempt from the provisions of this Chapter while engaged in the proper discharge of their duties:
(1) persons authorized under the laws of the State to practice medicine and surgery, and those working under their supervision;
(2) commissioned medical or surgical officers of the U.S. Army or other components of the U.S. armed forces, and those working under their supervision;
(3) registered nurses and licensed practical nurses and those working under their supervision;
(4) licensed embalmers and funeral directors and those working under their supervision;
(5) persons licensed by the State Board of Cosmetic Art Examiners.
"§ 86-15. Sanitary rules and regulations; inspections. — (a) Each barber and each owner or manager of a barber shop, barber school or college, or any other place where barber service is rendered, shall comply with the following sanitary rules and regulations:
(1) Proper quarters.
a. Every barber shop, or other place where barber service is rendered, shall be located in buildings or rooms of such construction that they may be easily cleaned, well lighted, well ventilated and kept in an orderly and sanitary condition.
b. Each area where barber service is rendered shall be separated by a substantial partition or wall from areas used for other purposes.
c. Walls, floor and fixtures where barber service is rendered are to be kept sanitary.
d. Running water, hot and cold, shall be provided, and lavatories shall be located at a convenient place in each barber shop so that each barber may wash his hands after each haircut. Tanks and lavatories shall be of such construction that they may be easily cleaned. The lavatory must have a drain pipe to drain all waste water out of the building.
(2) Equipment and instruments.
a. Each person serving as a barber shall, immediately before using razors, tweezers, combs, contact cup or pad, sterilize the instruments by immersing them in a solution of fifty percent (50%) alcohol, five percent (5%) carbolic acid, twenty percent (20%) formaldehyde, or ten percent (10%) lysol or other product or solution that the Board may approve. Every owner or manager of a barber shop shall supply a separate container for the use of each barber, adequate to provide for a sufficient supply of the above solutions.
b. Each barber shall maintain combs and hair brushes in a clean and sanitary condition at all times and shall thoroughly clean mug and lather brush before each separate use.
c. The headrest of every barber chair shall be protected with clean paper or clean laundered towel.
d. Every person serving as a barber shall use a clean towel for each patron. All clean towels shall be placed in closed cabinets until used. Receptacles composed of material that can be washed and cleansed shall be provided to receive used towels, and all used towels must be placed in receptacles until laundered. Towels shall not be placed in a sterilizer or tank or rinsed in the barber shop. All wet and used towels shall be removed from the workstand or lavatory after serving each patron.
e. Whenever a hair cloth is used in cutting the hair, shampooing, etc., a newly laundered towel or paper neckstrap shall be placed around the patron's neck so as to prevent the hair cloth from touching the skin. Hair cloths shall be replaced when soiled.
(3) Barbers.
a. Every person serving as a barber shall thoroughly cleanse his hands immediately before serving each patron.
b. Each person working as a barber shall be clean both as to person and dress.
c. No barber shall serve any person who has an infectious or communicable disease, and no barber shall undertake to treat any patron's infectious or contagious disease. Each barber practicing the profession in North Carolina shall furnish the Board of Barber Examiners a satisfactory health certificate at such time as the Board may deem necessary.
(4) Any person, other than a registered barber, shall before undertaking to give shampoos in a barber shop furnish the Board with a health certificate on a form provided by the Board.
(5) The owner or manager of a barber shop or any other place where barber service is rendered shall post a copy of these rules and regulations in a conspicuous place in the shop or other place where the services are rendered.
(b) All barber shops, barber schools and colleges, and any other place where barber service is rendered, shall be open for inspection at all times during business hours to any members of the Board of Barber Examiners or its agents or assistants. A copy of the sanitary rules and regulations set out in this section shall be furnished by the Board to the owner or manager of each barber shop or barber school, or any other place where barber service is rendered in the State, and that copy shall be posted in a conspicuous place in each barber shop or barber school. The Board shall have the right to make additional rules and regulations governing barbers and barber shops and barber schools for the proper administration and enforcement of this section, but no such additional rules or regulations shall be in effect until those rules and regulations have been furnished to each barber shop within the State.
"§ 86-16. Certificates to be displayed. — Every holder of a certificate of registration as a registered barber, registered apprentice, shop permit, school permit or instructor's certificate shall display it in a conspicuous place adjacent to or near his work chair.
"§ 86-17. Renewal or restoration of certificate. — (a) Every registered barber who continues in practice shall annually, on or before May 31 of each year, renew his certificate of registration and furnish such health certificate as the Board may require and pay the required fee. Every certificate of registration shall expire on the 31st day of May in each year.
(b) A registered barber whose certificate of registration has expired may have his certificate restored immediately upon paying the required registration fee and furnishing a health certificate if required by the Board; provided, however, a registered barber whose certificate has expired for a period of five years shall be required to take the examination prescribed by the State Board of Barber Examiners and otherwise comply with the provisions of this Chapter before engaging in the practice of barbering.
(c) All persons serving in the United States armed forces and any person whose certificate of registration as a registered barber was in force one year prior to entering service may, without taking the required examination, renew his certificate within 90 days after receiving an honorable discharge, by paying the current annual license fee and furnishing the State Board of Barber Examiners with a satisfactory health certificate if required by the Board.
"§ 86-18. Disqualifications for certificate. — The Board may either refuse to issue or to renew, or may suspend or revoke any certificate of registration or barber shop permit or barber school permit for any one or combination of the following causes:
(1) conviction of the certificate holder of a felony, proved by certified copy of the record of the court conviction;
(2) gross malpractice or gross incompetence;
(3) continued practice by a person knowingly having an infectious or contagious disease after being warned in writing by the Board to cease practice;
(4) habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit forming drugs;
(5) the commission of any of the offenses described in subdivisions (3), (5), and (7) of G.S. 86-20;
(6) the violation of any one or more of the sanitary rules and regulations established by statute or rule or regulation of the Board, provided that the Board has previously given two written warnings to the individual committing the violation;
(7) the violation of the rules and regulations pertaining to barber schools, provided that the Board has previously given two written warnings to the school.
"§ 86-19. Refusal, revocation or suspension of certificates or permits. — The Board may neither refuse to issue nor refuse to renew, or suspend or revoke any certificate of registration, barber shop permit, or barber school permit, for any of these causes except in accordance with the provisions of Chapter 150A of the General Statutes.
"§ 86-20. Misdemeanors. — Each of the following acts constitutes a misdemeanor, punishable upon conviction by a fine of not less than ten dollars ($10.00), nor more than fifty dollars ($50.00), imprisonment for 30 days in jail, or both fine and imprisonment:
(1) violation of any of the provisions of G.S. 86-1;
(2) obtaining or attempting to obtain a certificate of registration for money other than required fee, or any other thing of value, or by fraudulent misrepresentations;
(3) practicing or attempting to practice by fraudulent misrepresentations;
(4) willful failure to display a certificate of registration as required by G.S. 86‑16;
(5) practicing or attempting to practice barbering during the period of suspension or revocation of any certificate of registration granted under this Chapter. Each day's operation during a period of suspension or revocation shall be deemed a separate offense;
(6) permitting any person in one's employ, supervision or control to practice as a barber unless that person holds a certificate as a registered barber or registered apprentice.
"§ 86-21. Board to keep record of proceedings; data on registrants. — The Board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension, and revocation of certificates of registration. This record shall contain the name, place of business and residence of each registered barber and registered apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection at all reasonable times.
"§ 86-22. Licensing and regulating barber schools and colleges. — The North Carolina State Board of Barber Examiners may approve barber schools or colleges in the State, and may prescribe rules and regulations for their operation. No barber school or college shall be approved by the Board unless the school or college meets all of the following requirements:
(1) Each school shall provide a course of instruction of at least 1528 hours.
(2) Each school shall have at least two instructors to properly instruct the number of students. Each instructor must hold a valid instructor's certificate issued by the Board.
(3) An application for a student's permit and a doctor's certificate, on forms prescribed by the Board, must be filed with the Board before the student enters school. No student may enroll without having obtained a student's permit.
(4) Each student enrolled shall be given a complete course of instruction on the following subjects: hair cutting; shaving; shampooing, and the application of creams and lotions; care and preparation of tools and implements; scientific massaging and manipulating the muscles of the scalp, face, and neck; sanitation and hygiene; shedding and regrowth of hair; elementary chemistry relating to sterilization and antiseptics; instruction on common skin and scalp diseases to the extent that they may be recognized; pharmacology as it relates to preparations commonly used in barber shops; instruction in the use of electrical appliances and the effects of the use of these on the human skin; structure of the skin and hair; nerve points of the face; the application of hair dyes and bleaches; permanent waving; marcelling or hair pressing; frosting and streaking; and the statutes and regulations relating to the practice of barbering in North Carolina.
(5) Each school shall file an up-to-date list of its students with the Board at least once a month. If a student withdraws or transfers, the school shall file a report with the Board stating the courses and hours completed by the withdrawing or transferring student. The school shall also file with the Board a list of students who have completed the amount of work necessary to meet the licensing requirements.
(6) Each school shall comply with the sanitary requirements of G.S. 86-15.
"§ 86-23. Instructors. — (a) The Board shall issue an instructor's certificate to any currently registered barber who has passed an instructor's examination given by the Board. This examination shall cover the subjects listed in G.S. 86-22(3) and any other subjects which the Board deems necessary for the teaching of sanitary barbering.
(b) A person desiring to take an instructor's examination must make application to the Board for examination on forms to be furnished by the Board and pay the instructor's examination fee. Each person who passes the instructor's examination shall be issued a certificate of registration as a registered instructor by paying the issuance fee and the instructor's certificate shall be renewable as of the 31st day of May of each year. Any person whose instructor's certificate has expired for a period of three years or more shall be required to take and pass the instructor's examination before the certificate can be renewed.
"§ 86-24. Apprenticeship. — (a) An apprentice license may be renewed annually on the payment of the prescribed fee. The certificate of registration of an apprentice is valid only so long as the apprentice works under the supervision of a registered barber. No registered apprentice shall operate a barber shop.
(b) It is the responsibility of a supervising licensed registered barber to properly supervise his apprentices.
(c) On the completion of at least one year's apprenticeship, evidenced by the affidavit of the supervising registered licensed barber or barbers, the apprentice shall be allowed to take the examination prescribed by the Board. On the passage of that examination, he shall be issued a license as a registered barber, pursuant to G.S. 89-10. No registered apprentice may practice for a period of more than three years without passing the required examination to receive a certificate as a registered barber.
"§ 86-25. Fees collectible by Board. — The State Board of Barber Examiners shall charge and collect the following fees:
Certificate of registration or renewal as a barber $15.00
Certificate of registration or renewal as an apprentice barber $15.00
Barber shop permit or renewal $18.00
Examination to become a registered barber $35.00
Examination to become a registered apprentice barber $35.00
Restoration of an expired certificate of a registered apprentice, $20.00
registered barber or barber shop permit plus lapsed fees
up to 5 years
Examination to become a barber school instructor $75.00
Student permit $ 8.00
Issuance of any duplicate copy of a license, certificate or permit $ 5.00
Barber school permit $50.00
Barber school instructor certificate or renewal $25.00
Inspection of newly established barber shop $50.00
Inspection of newly established barber school $100.00
"§ 86-26. Barbering among members of same family. — This Chapter shall not prohibit a member of a family from practicing barbering on a member of his or her family."
Sec. 2. Schedule. Persons serving on the State Board of Barber Examiners on the date of ratification of this act shall continue to serve until the expiration of their respective current terms. Upon the expiration of each term, and thereafter, successors shall be appointed for terms of four years.
Sec. 3. The renewal deadline for licenses, specified in G.S. 86-17, shall become effective January 1, 1980; for renewals in 1979 the deadline shall remain at June 30, 1979. All other provisions of this act are effective upon ratification.
In the General Assembly read three times and ratified, this the 30th day of May, 1979.