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 50.241 Establishment 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(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(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 50.260 Change 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(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(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(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(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.
SPS 50.280(2)
(2) All licensees working in a licensed establishment shall be supplied with bandages and disposable gloves.
SPS 50.280 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
SPS 50.290
SPS 50.290 Procedure for exposure to blood. SPS 50.290(1)(1)
When any patron or licensee is exposed to blood by a wound or other exposure to broken skin or a mucous membrane, the licensee shall stop barbering and then comply with sub.
(2) and then sub.
(3), or then comply with sub.
(3) and then sub.
(4), or whichever are applicable, before resuming the barbering.
SPS 50.290(2)
(2) Thoroughly wash the exposed area or wound on the licensee's body with soap and water, and then disinfect the exposed area or wound with a topical antiseptic such as iodine, 70% isopropyl alcohol, or 6% stabilized hydrogen peroxide or equivalent.
SPS 50.290(4)
(4) Thoroughly wash the exposed area or wound on the patron's body with soap and water, and then disinfect the exposed area or wound with a topical antiseptic such as iodine, 70% isopropyl alcohol, or 6% stabilized hydrogen peroxide or equivalent.
SPS 50.290 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13.
subch. III of ch. SPS 50
Subchapter III — Licensure Through School or Through Apprenticeship, Examinations, and Licensing
SPS 50.300(1g)(1g)
Approved schools. An applicant for licensure as a barber or a barbering manager may receive instruction in a school licensed under s.
440.62 (3) (ar), Stats., exempted under s.
440.61, Stats., or accredited by any of the following:
SPS 50.300(1g)(a)
(a) National Accrediting Commission of Career Arts & Sciences (NACCAS).
SPS 50.300(1g)(d)
(d) National Interstate Council of State Boards of Cosmetology (NIC).
SPS 50.300(1g)(e)
(e) Any other accrediting agency relating to cosmetology that is recognized by the U.S. Department of Education.
SPS 50.300(1r)
(1r)
General. Schools that provide instruction to students for a barber's or barbering manager's license shall develop curricula for instruction which are based on the applicable syllabus approved by the department. A school may not deviate from the hours listed for subjects in the appropriate syllabus included in this section.
SPS 50.300 Note
Note: See chapters SPS 60 to 65 for requirements relating to licensing and corresponding regulation of schools of barbering.
SPS 50.300 History
History: EmR1302: emerg. cr., eff. 2-14-13;
CR 13-026: cr.
Register October 2013 No. 694, eff. 11-1-13;
CR 15-028: cr. (1g), as renumbered, am. (1r), as renumbered,
Register September 2015 No. 717, eff. 10-1-15; renum. (intro.), as created by
CR 15-028, and (1) to (1g) and (1r) under s. 13.92 (4) (b) 2., Stats., cr. (1g) (title) under s. 13.92 (4) (b) 2., Stats.,
Register September 2015 No. 717.
SPS 50.310
SPS 50.310 Licensure through apprenticeship. SPS 50.310(1)(a)
(a) The owner of an establishment seeking to train an apprentice shall contact the department of workforce development or the department of safety and professional services for an apprenticeship application. The application shall be submitted to the department of workforce development.
SPS 50.310 Note
Note: The apprenticeship application form is available on the Department's Web site at
http://dsps.wi.gov. After receiving and processing the application form, the DWD sends the form to the Department of Safety and Professional Services.
SPS 50.310(1)(b)
(b) An initial apprenticeship permit shall be issued by the department for a period of 3 years. The permit shall be extendable for one additional 1-year period upon submittal of all of the following:
SPS 50.310(1)(b)2.
2. Notification to the department of safety and professional services from the department of workforce development of acceptable progress by the apprentice in theory instruction and practical training.
SPS 50.310(1)(c)
(c) An apprentice may not engage in any barbering work or attend school until a permit has been issued.
SPS 50.310(1)(d)
(d) Each apprentice shall enter an apprenticeship contract with an establishment owner or his or her designated agent who shall employ and make arrangements for training of the apprentice in accordance with subch.
II of ch. 454, Stats., and the rules of the department.
