SPS 50.210 Note Note: Body piercers, body piercing establishments, tattooists, and tattoo establishments are regulated by the Department of Health Services under chapter DHS 173. Tanning facilities and tanning facility operators are regulated by the Department of Health Services under chapter DHS 161.
SPS 50.210 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.211 SPS 50.211Unauthorized practice.
SPS 50.211(1) (1) Licensees may not assist or participate in the unauthorized or unlicensed practice of barbering.
SPS 50.211(2) (2) Licensees shall report to the department unauthorized or unlicensed practice or other violations of subch. II of ch. 454, Stats., and this chapter.
SPS 50.211 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.212 SPS 50.212Barbering outside of a licensed establishment. Licensees may not provide barbering outside of a licensed establishment except for persons who are unable to leave their homes because of illness or disability or for persons who are in hospitals, nursing homes, correctional institutions, or other institutions. Licensees may provide any barbering for inmates or patients regardless of whether it is done in a designated area or in the personal room of an inmate, patient, or infirm person within an institution or private home.
SPS 50.212 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.220 SPS 50.220Advertising.
SPS 50.220(1) (1) Advertising by licensees shall be truthful and accurate and may not mislead the public.
SPS 50.220(2) (2) An establishment shall either post a list of cost of services in a conspicuous place or display a sign that states, “All establishment patrons have the right to be informed of the cost of services before the services are provided."
SPS 50.220 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.230 SPS 50.230Responsibilities of owners. The owner of any licensed establishment shall be responsible for compliance with subch. II of ch. 454, Stats., and this chapter. The owner shall do all of the following:
SPS 50.230(1) (1) Provide supplies and equipment necessary to maintain safe and sanitary establishment conditions.
SPS 50.230(2) (2) Ensure the provision of supervision and training of apprentices and temporary permit holders.
SPS 50.230 Note Note: See section SPS 50.310 for additional requirements for owners who have apprentices.
SPS 50.230(3) (3) In the absence of a manager, maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of s. 440.63 (3) (a) 2. or 454.23 (2) or (3), Stats., for credentialing as an instructor, barber, or manager, respectively.
SPS 50.230(4) (4) Employ a manager who shall have direct authority over the operations of the establishment. If the manager of an establishment leaves employment or becomes otherwise unavailable, an owner may continue to operate the establishment for no more than 90 days without a manager. The owner shall notify the department that the manager is no longer employed or has become otherwise unavailable within 10 business days following the manager's last day of employment.
SPS 50.230 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.231 SPS 50.231Responsibilities of the manager.
SPS 50.231(1)(1) The manager of a barbering establishment shall be responsible for the daily operations of the establishment and ensure that the establishment is in compliance with subch. II of ch. 454, Stats., and this chapter. The manager shall maintain supplies and equipment necessary to ensure safe and sanitary establishment conditions.
SPS 50.231(2) (2) The manager shall train and supervise any apprentices in accordance with s. SPS 50.310 (3) and shall supervise any temporary permit holders.
SPS 50.231(3) (3) The manager shall maintain and provide appropriate records for apprentices, temporary permit holders, and barbers, including employment records, to enable apprentices or barbers to meet the requirements of s. 440.63 (3) (a) 2., 454.23 (2), or 454.23 (3), Stats., for credentialing as an instructor, barber, or manager, respectively.
SPS 50.231(4) (4) The manager shall post all required licenses, permits, and notices within the establishment in a conspicuous location where they are readily visible to the public.
SPS 50.231 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.232 SPS 50.232Responsibilities of licensees. Licensees holding current licenses or permits granted under subch. II of ch. 454, Stats., shall be responsible for all of the following:
SPS 50.232(1) (1) Compliance with the sanitation and safety precautions contained in ss. SPS 50.270 to 50.290.
SPS 50.232(2) (2) Their own professional practice, conduct, and compliance with ss. SPS 50.200 to 50.220.
SPS 50.232 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.240 SPS 50.240Establishment requirements.
SPS 50.240(1) (1) Barbering may not be practiced outside the confines of a licensed establishment except as provided in s. SPS 50.212.
SPS 50.240(2) (2) Establishments where apprentices are trained shall provide equipment, supplies, and products for all barbering services.
SPS 50.240(3) (3) Where an establishment is located in the same building as a residence, the business and living quarters shall be separate.
SPS 50.240(4) (4) Establishments shall provide a basin that has hot and cold running water, and a chair that is designed for the service to be provided. At least one basin shall be constructed and available to permit licensees to wash their hands prior to serving each patron and following removal of gloves. Establishments shall provide the equipment and supplies necessary to perform services offered. Basins may be shared with other establishments located on the same premises.
SPS 50.240 Note Note: See chapters SPS 361 to 366 or 320 to 325 for ventilation requirements in commercial buildings or one- and two-family dwellings, respectively.
SPS 50.240 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.241 SPS 50.241Establishment management and leasing requirements.
SPS 50.241(1)(1)Manager required. The owner of a barbering establishment may not operate the establishment unless a manager is employed for the establishment, subject to the exception for temporary unavailability of a manager in s. SPS 50.230 (4). The manager shall be responsible for supervising and managing the operation of the establishment. The owner and the manager shall ensure that the establishment operates in compliance with subch. II of ch. 454, Stats., and rules of the department including all of the following:
SPS 50.241(1)(a) (a) The owner of more than one establishment shall employ a sufficient number of managers to satisfy the requirement that a manager be present full time in each establishment.
SPS 50.241(1)(b) (b) The owner of a barbering establishment may satisfy the requirement in this section by employing a manager who also works at an establishment owned by a different person, provided the manager works full time at each establishment where he or she is employed as manager.
SPS 50.241(1)(c) (c) A manager is required to be present in an establishment full time except if an establishment is open for more than 30 hours per week, the manager is not required to be present in the establishment at all times when the establishment is open for business, and the manager may be absent for reasonable brief periods during a day.
SPS 50.241(2) (2)Chair or booth leasing. An individual who is neither employed by nor otherwise hired by an owner may perform barbering or cosmetology with a chair or booth in the owner's establishment only if all of the following are complied with:
SPS 50.241(2)(a) (a) A lease agreement between the owner and individual, for the chair or booth, shall be executed in writing.
SPS 50.241(2)(b) (b) The lessee shall be responsible for ensuring that the leased chair or booth operates in accordance with subch. II of ch. 454, Stats., and the rules of the department.
SPS 50.241(2)(c) (c) The lessee shall be a manager and shall hold an establishment license.
SPS 50.241(2)(d) (d) The lessee may not supervise an apprentice who has an apprenticeship contract with another establishment.
SPS 50.241 Note Note: “Lease agreement" in this section includes chair and booth “rental" agreements. To avoid unintended insurance and tax consequences, all parties to a lease or rental agreement are advised to consult with appropriate business advisors and government agencies.
SPS 50.241 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.242 SPS 50.242Establishment licensure.
SPS 50.242(1) (1) Before a person may open a new establishment, or change the ownership of an existing establishment, or relocate and create a new establishment as specified in s. SPS 50.260 (2), the person shall submit an application to the department on a form specified by the department.
SPS 50.242 Note Note: The application form is available on the Department's Web site at www.dsps.wi.gov/Home.
SPS 50.242(2) (2) The department shall require identification of the owner, business address, manager, and type of business, in addition to other information that may be needed to approve the issuance of a license.
SPS 50.242(3) (3) Upon approval of the application and issuance of the license, the establishment may open for business.
SPS 50.242(4) (4) Falsification of any information on the application may be grounds for denial, suspension, or revocation of the establishment license, as provided in s. 454.29, Stats., and subject the applicant to penalties as indicated in s. 454.295, Stats.
SPS 50.242 Note Note: Section 454.295 of the Statutes reads as follows: “Any person who violates this subchapter [II] or any rule promulgated under this subchapter shall be fined not less than $100 nor more than $5,000 or imprisoned for not less than 10 days nor more than 90 days or both."
SPS 50.242 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.250 SPS 50.250Inspections.
SPS 50.250(1) (1) Inspections by field representatives or agents of the department may be conducted to assure compliance with subch. II of ch. 454, Stats., and ss. SPS 50.100 to 50.310.
SPS 50.250(2) (2) Upon notification of violation, licensees shall respond within 10 business days either by notifying the department of correction of the violation or presenting a proposed plan of correction for department approval.
SPS 50.250(3) (3) Failure to respond to a notice of violation or to comply with a plan of correction approved by the department is subject to the provisions for misconduct under s. 440.205, Stats., and to the disciplinary proceedings and actions under s. 454.29, Stats.
SPS 50.250 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.260 SPS 50.260Change of ownership or location.
SPS 50.260(1)(1) Change of ownership of any establishment constitutes the creation of a new establishment and shall include submission of an application to the department for a new establishment license.
SPS 50.260(2) (2) Change of location of any establishment constitutes the creation of a new establishment and shall include submission of an application to the department for a new establishment license. Relocation of a leased chair or booth that is licensed as an establishment and housed within a lessor establishment shall include written notification to the department identifying the change of chair or booth.
SPS 50.260 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.270 SPS 50.270Equipment and sanitation.
SPS 50.270(1) (1) All areas of an establishment and the equipment, tools, and implements used by licensees for services in an establishment shall be maintained in a clean, sanitary, and safe condition.
SPS 50.270(2) (2) Licensees shall wash their hands thoroughly with soap and running water prior to serving each patron and following removal of gloves. Waterless hand washing agents that kill 99.99% of germs are an acceptable substitute for using soap and running water to wash hands that are not visibly soiled.
SPS 50.270(3) (3) Contact equipment that cannot be cleaned with soap or detergent and water shall be disposed of following each use.
SPS 50.270(4) (4) All liquids, creams, powders, and semi-solid substances shall be dispensed from a container in a manner that will prevent contamination of the unused portion of the substance.
SPS 50.270(5) (5) Shampoo bowls and basins shall be drained after each use and kept in a sanitary and safe condition.
SPS 50.270(6) (6) Clean towels shall be used for each patron. A neck strip or towel shall be placed around the neck of the patron to prevent contact with the cape. The head rest of any operating chair shall be covered with fresh linen or paper for each patron.
SPS 50.270(7) (7) All other equipment and instruments shall be clean to sight and touch.
SPS 50.270 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.271 SPS 50.271Disinfection.
SPS 50.271(1) (1) Unless sterilized, disinfection is required prior to reusing any personal care instruments or contact equipment on another patron.
SPS 50.271(2) (2) Disinfection for personal care instruments shall consist of cleaning with soap and water to remove all organic material, wiping with or spraying with a disinfectant, and air-drying.
SPS 50.271(3) (3) Disinfection for contact equipment shall consist of cleaning with soap and water to remove all organic material, soaking in or spraying with a disinfectant, and air-drying.
SPS 50.271(4) (4) Clean and disinfected contact equipment shall be placed in one or more covered containers. One or more separate containers shall be provided for the immediate storage of soiled contact equipment until cleaned and disinfected.
SPS 50.271(5) (5) Disinfectant used for decontamination shall be changed as per manufacturer's recommendations and shall be kept in a covered container.
SPS 50.271(6) (6) Laundry shall be disinfected by washing with a solution containing a germicidal compound.
SPS 50.271 Note Note: Bleach and Lysol® (brown bottle) are examples of germicidal compounds.
SPS 50.271 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.272 SPS 50.272Sterilization.
SPS 50.272(1) (1) Sterilization shall be accomplished by use of a dry heat or steam sterilizer cleared for marketing by the food and drug administration, and shall be used according to the manufacturer's instructions. If steam sterilization, moist heat, is utilized, heat exposure shall be at a minimum of 121°C or 250°F, for at least 30 minutes. If dry heat sterilization is utilized, heat exposure shall be at a minimum of 171°C or 340°F, for at least 60 minutes.
SPS 50.272(2) (2) Sterilizers shall be maintained in working order. Equipment shall be checked in compliance with the manufacturer's recommendations at least monthly to ensure that it is reaching required temperatures.
SPS 50.272 History History: EmR1302: emerg. cr., eff. 2-14-13; CR 13-026: cr. Register October 2013 No. 694, eff. 11-1-13.
SPS 50.280 SPS 50.280Supplies.
SPS 50.280(1) (1) All work stations shall be supplied with at least one of the antiseptics listed in s. SPS 50.290 (2) or (4) for use by licensees in case of injury.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.