GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 605
The General Assembly of North Carolina enacts:
Section 1. G.S. 86A-3 reads as rewritten:
"§ 86A-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 all of the following qualifications:
(1) Has attended an
approved barber school for at least 1528 hours; hours.
(2) Has completed a
12-month apprenticeship under the supervision of a licensed barber, as provided
in G.S. 86A-24; and 86A-24.
(3) Has passed a clinical
examination conducted by the Board; and Board.
(4) Has submitted to the
Board the signatures of three barbers registered in North Carolina, one of
whom has supervised the applicant, the affidavit required by G.S.
86A-24(c) certifying that the applicant has served the apprenticeship
required by subsection subdivision (2)."
Sec. 2. G.S. 86A-4 reads as rewritten:
"§ 86A-4. State Board of Barber Examiners; appointment and qualifications; term of office; removal.
(a) The State Board of
Barber Examiners is established to consist of four five members
appointed by the Governor. Three Four shall be licensed
barbers; the other shall be a person who is not licensed under this Chapter and
who shall represent the interest of the public at large.
(b) All members
serving on the Board on June 30, 1981, shall complete their respective terms.
The Governor shall appoint the public member not later than July 1, 1981. No
member appointed to the Board on or after July 1, 1981, shall serve more than
two complete consecutive three-year terms, except that each member shall serve
until his the member's successor is appointed and qualifies.
No person who has been employed by the North Carolina State Board of Barber Examiners and has been removed for just cause shall be appointed within five years of the removal to serve as a Board member.
(c) The Governor may remove any member for good cause shown and may appoint members to fill unexpired terms."
Sec. 3. G.S. 86A-6 reads as rewritten:
"§ 86A-6. Office; seal; officers and executive secretary; funds.
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 annually 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 Board. 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."
Sec. 4. G.S. 86A-11(a) reads as rewritten:
"(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 apprenticeship registration except in cases of undue hardship as
the Board may determine, unless it is revoked or suspended earlier by the
Board. In no event shall a temporary permit be issued or remain valid after
the holder has twice failed the apprentice examination required by G.S.
86A-24(a). The permittee may operate only under the supervision of a
licensed barber. barber and may work only at the registered
barbershop specified in the permit."
Sec. 5. G.S. 86A-13 reads as rewritten:
"§ 86A-13. Barbershop and barber school permits.
(a) Any person, firm or corporation, before establishing or opening a barbershop 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 barbershop 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 barbershop or barber school may open for business. It is unlawful to open a new or reopened barbershop 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. 86A-15 in the case of shops and G.S. 86A-15 and 86A-22 in the case of schools. Upon compliance by the applicant with all requirements set forth in G.S. 86A-15, and the payment of the prescribed fee the Board shall issue to the applicant the permit applied for. Notwithstanding any other provision of this Chapter, no person, firm, or corporation shall be issued a permit to operate a barbershop in a location registered as a barber school, nor shall any person, firm, or corporation be issued a permit to operate a barber school in a location registered as a barbershop.
(b) The owners of every registered barbershop and barber school shall annually, on or before May 31 of each year, renew the barbershop's or barber school's certificate of registration and pay the required renewal fee. Every certificate of registration for any barbershop or barber school shall expire on the 31st day of May in each year. Any certificate of registration issued under this Chapter shall be suspended automatically by operation of law after failure to renew the certificate of registration by the expiration date. The owner of any barbershop or barber school whose certificate of registration has expired may, after the barbershop or barber school has been inspected as required in subsection (a) of this section, have the certificate restored immediately upon paying all lapsed renewal fees and the required late fee."
Sec. 6. G.S. 86A-14 reads as rewritten:
"§ 86A-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 who are
working in licensed cosmetic shops or beauty schools and are licensed by
the State Board of Cosmetic Art Examiners. Examiners pursuant to
Chapter 88 of the General Statutes; and
(6) Persons who are working in licensed barber shops and are licensed by the State Board of Cosmetic Art Examiners pursuant to Chapter 88 of the General Statutes, provided that those persons shall comply with G.S. 86A-15."
Sec. 7. G.S. 86A-15(a) reads as rewritten:
"(a) Each barber and each owner or manager of a barbershop, 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 barbershop, 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 or where a combination of barber service
and cosmetology service is rendered shall be separated by a substantial
partition or wall from areas used for other purposes. purposes other
than barber services, cosmetology services, or shoe shining services.
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 sinks shall
be located at a convenient place in each barbershop so that each barber barbers
may wash his their 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.
e. Every barbershop or other place where barber service is rendered, and every building or structure used as a part of a barber school, shall comply with applicable building and fire codes and regulations.
(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 barbershop 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 a clean laundered towel. Each barber chair shall be covered with a smooth nonporous surface, such as vinyl or leather, that is cleaned easily.
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 barbershop. All wet and used towels shall be removed from the work-stand 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 or her 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 barbershop furnish the Board with a health certificate on a form provided by the Board.
(5) The owner or manager of a barbershop 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."
Sec. 8. G.S. 86A-16 reads as rewritten:
"§ 86A-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 school permit, instructor's certificate, or temporary permit
issued pursuant to G.S. 86A-11 shall display it in a conspicuous place
adjacent to or near his the person's work chair."
Sec. 9. G.S. 86A-17 reads as rewritten:
"§ 86A-17. Renewal or restoration of certificate.
(a) Every registered
barber who continues Registered barbers who continue in practice
shall annually, on or before May 31 of each year, renew his their certificate
certificates of registration and furnish such health certificate as
the Board may require and pay the required renewal fee. Every
certificate of registration shall expire on the 31st day of May in each
year. Any certificate of registration issued under this Chapter is
automatically suspended by operation of law after failure to renew the
certificate of registration by the expiration date.
(b) A registered barber
whose certificate of registration has expired may have his the certificate
restored immediately upon paying the required registration fee all
lapsed renewal fees and the required late 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 clinical 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. No registered barber who is reissued a certificate under
this subsection shall be required to serve an apprenticeship as a prerequisite
to reissuance of his the certificate.
(c) All persons serving
in the United States armed forces and any person persons whose certificate
certificates of registration as a registered barber was were
in force one year prior to entering service may, without taking the
required examination, renew his certificate their certificates 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."
Sec. 10. G.S. 86A-22(2) reads as rewritten:
"(2) (i) Each school
shall have at least two instructors, except that nonprofit schools that
are nonprofit educational institutions with a curriculum and continuing
education support system established with a State university or community
college shall have at least one instructor for every 20 enrolled students,
provided the one instructor may not conduct classroom lectures and study
periods, or lectures and demonstrations on practical work, during the same time
the one instructor is providing students with supervised practice in barbering.
students. Each instructor must hold a valid instructor's
certificate issued by the Board. (ii) Programs established in post-secondary
institutions shall be authorized only after they have been evaluated through
the academic program approval processes as established by the respective
governing boards. The boards, in evaluating instructional and fiscal resources
included in the documents submitted requesting authority to offer programs in
barbering, shall determine that standards are in place to ensure that programs
established remain in compliance with appropriate accreditation agencies. At
least one instructor must be on the premises of a barber school during regular
instruction hours."
Sec. 11. G.S. 86A-22(3) reads as rewritten:
"(3) An application for a
student's permit permit, and a doctor's certificate, on forms
a form 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."
Sec. 12. G.S. 86A-23 reads as rewritten:
"§ 86A-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. 86A-22(4) and any other subjects which the Board
deems necessary for the teaching of sanitary barbering. in the Textbook
of Barber Styling approved by the Board.
(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. fee. Every instructor's certificate
shall expire on May 31 of each year. Any instructor's certificate issued
under this Chapter is automatically suspended by operation of law after failure
to renew the instructor's certificate by the expiration date and may be renewed
only upon payment of all lapsed renewal fees and the required late fee. 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."
Sec. 13. G.S. 86A-24(b) reads as rewritten:
"(b) An apprentice license
may be renewed annually on the payment of the prescribed fee. expires
on May 31 of each year. Every holder of an apprentice license shall
annually renew the apprentice license by the expiration date and pay the
required renewal fee. An apprentice license issued under this Chapter is
automatically suspended by operation of law after failure to renew the
apprentice license by the expiration date. An apprentice whose apprentice
license has expired may have the certificate restored immediately upon paying
all lapsed renewal fees and the required late fee. The certificate of
registration of an apprentice is valid only so long as he the
apprentice works under the supervision of a registered barber.
No apprentice shall operate a barbershop."
Sec. 14. G.S. 86A-25 reads as rewritten:
"§ 86A-25. Fees collectible by Board.
The State Board of Barber Examiners shall charge fees not to exceed the following:
Certificate of registration or renewal as a barber $ 30.00
Certificate of registration or renewal as an apprentice barber 30.00
Barbershop permit or renewal 30.00
Examination to become a registered barber 50.00
Examination to become a registered apprentice barber 50.00
Restoration of
an expired certificate of a registered apprentice, registered barber or
barbershop permit within the first year $10.00 plus renewal fee; after the
first year $20.00 plus lapsed fees up to 5 years
Late fee for restoration of an expired barber certificate
within first year after expiration 20.00
Late fee for restoration of an expired barber certificate
after first year after expiration but within five years
after expiration 40.00
Late fee for restoration of an expired apprentice certificate
within first year after expiration 20.00
Late fee for restoration of an expired apprentice certificate
after first year after expiration but within three years of
first issuance of the certificate 25.00
Late fee for restoration of an expired barbershop certificate 25.00
Examination to become a barber school instructor 95.00
Student permit 15.00
Issuance of any
duplicate copy of a license, certificate
certificate, or permit 7.50
Barber school permit or renewal 75.00
Late fee for restoration of an expired barber school certificate 50.00
Barber school instructor certificate or renewal 50.00
Late fee for restoration of an expired barber school instructor
certificate within first year after expiration 25.00
Late fee for restoration of an expired barber school instructor
certificate after first year after expiration but within
three years after expiration 50.00
Inspection of newly established barbershop 70.00
Inspection of newly established barber school 125.00
Issuance of a registered barber or apprentice certificate by
Certification 70.00
Barbers 70 years and older certificate or
renewal No charge ".
Sec. 15. G.S. 88-1(a) reads as rewritten:
"(a) On and after June
30, 1933, no No person or combination of persons shall, for pay or
reward, either directly or indirectly, practice or attempt to practice cosmetic
art as hereinafter defined in the State of North Carolina without a certificate
of registration, either as a registered apprentice or as a registered
'cosmetologist,' issued pursuant to the provisions of this Chapter by the State
Board of Cosmetic Art Examiners hereinafter established and, except Examiners.
as provided in G.S. 88-7.1; the The practice of cosmetic art
shall not be performed outside of a licensed and regularly inspected beauty establishment.
establishment, unless the practice is allowed under G.S. 88-7.1 or
occurs in a barbershop licensed under Chapter 86A of the General
Statutes. A person who practices cosmetic art in a barbershop must comply
with G.S. 86A-15."
Sec. 16. G.S. 88-23(a)(1) reads as rewritten:
"(a)
(1) The State Board of Cosmetic Art
Examiners shall have the authority to make may adopt a reasonable
curriculum and rules for recognized schools and colleges of beauty culture and make
may adopt reasonable rules and regulations for the sanitary
management of cosmetic art shops, beauty parlors, hairdressing establishments,
cosmetic art schools, colleges, academies and training schools, hereinafter
called shops and schools, and to have such the curriculum and
rules and the sanitary rules and regulations enforced. The
Board may not require a shop to be separated from a building or room used for
the purpose of providing barber services. The duly authorized agents
of said the Board shall have authority to enter upon and inspect
any shop or school at any time during business hours. A copy of the curriculum
and rules and the sanitary rules and regulations shall be furnished from
the office of the Board or by the above mentioned authorized agents an
agent of the Board to the owner or manager of each shop or school in the
State, and such school. The copy shall be kept posted in a
conspicuous place in each shop and school, and a copy of the curriculum and
rules for recognized schools and colleges of beauty culture shall
be kept posted in a conspicuous place in each school and the rules and
regulations complied with as required by this Chapter. school.
Each shop and school shall comply with the rules."
Sec. 17. Sections 1, 4 through 6, and 8 through 13 of this act become effective July 1, 1996, and apply to applications for and renewal of certificates, permits, and licenses made on or after that date. G.S. 86A-15(a)(1)b., as enacted by Section 7 of this act is effective upon ratification and applies retroactively to July 1, 1995; the remainder of Section 7 becomes effective July 1, 1996. Section 14 of this act becomes effective July 1, 1996, and applies to dues and fees for years beginning with 1997. The remainder of this act is effective upon ratification.
In the General Assembly read three times and ratified this the 21st day of June, 1996.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives