N.H. Code Admin. R. Bar 302.05 - School and Shop Additional Requirements

(a) As used in this section, "whirlpool, foot spa, or spa" means any basin using circulating water.
(b) Upon change of ownership or relocation of a shop or school, the owner shall notify the board, in writing at least 21 days prior to new ownership or relocation. The new owner or an owner relocating his or her shop shall submit a "Shop Application" in accordance with Bar 301.09 and an inspection shall be required in accordance with Bar 404.01.
(c) The entrance to the shop or school shall be either from the outside or from a common hallway. Access to the shop or school shall not be through any living quarters.
(d) Lavatory facilities shall be publicly accessible to all students, patrons, and employees.
(e) Mechanical ventilation shall be provided by a method of supply air and return or exhaust air in all schools and shops, with a minimum exchange rate of 35 cubic feet per minute.
(f) All schools and shops shall have at least one covered container for disinfected implements.
(g) A school or shop shall have a disinfecting container.
(h) All schools and shops shall keep their floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures clean.
(i) Each shop or school shall have hot and cold running water.
(j) If a school or shop ceases to do business, the licensee shall notify the board immediately.
(k) If a school or shop chooses to have an animal present in the school or shop, a sign indicating the type of animal, such as dog, cat, or bird, shall be clearly displayed and readable at the entrance to the school or shop.
(l) The entrance to the shop or school shall be clearly marked.
(m) The shop or school shall have safety data sheets (SDS) required by the Occupational Safety Health Administration (OSHA) under 29 CFR 1910.1200(g) for products being used.
(n) If a licensee chooses to advertise, the licensee shall not advertise or solicit clients in any form of communication in a manner that is false or misleading.
(o) A licensee shall not defraud another person.
(p) After each patron, each whirlpool, foot spa, or spa shall be cleaned and disinfected as follows:
(1) All water shall be drained and all debris removed from the spa basin;
(2) The spa basin shall bed is infected by filling spa basin with water and by circulating:
a. Two tablespoons of automatic dishwashing powder and ¼ cup of 5.25% chlorine bleach to one gallon of water through the unit for 10 minutes; or
b. Surfactant or enzymatic soap with an EPA-registered disinfectant with bactericidal, fungicidal, and viricidal activity which is used according to manufacturer's instructions through the unit for 10 minutes;
(3) The spa basin shall be drained and rinsed with clean water; and
(4) The spa basin shall be wiped dry with a clean towel.
(q) At the end of each day, each whirlpool, foot spa, or spa shall be cleaned and disinfected as follows:
(1) The screen shall be removed and all debris trapped behind the screen removed;
(2) The screen and the inlet shall be washed with surfactant or enzymatic soap or detergent and rinsed with clean water;
(3) Before replacing the screen, one of the following procedures shall be performed:
a. The screen shall be totally immersed in a chlorine bleach solution of ¼ cup of 5.25% chlorine bleach to one gallon of water for 10 minutes; or
b. The screen shall be totally immersed in an EPA-registered disinfectant with bactericidal, fungicidal, and virucidal activity, and used in accordance to the manufacturer's instructions for 10 minutes;
(4) The inlet and area behind the screen shall be cleaned with a brush and surfactant soap and water to remove all visible debris and residue; and
(5) The spa system shall be flushed with low-sudsing surfactant or enzymatic soap and warm water for at least 10 minutes, and then rinsed and drained.
(r) Every week, after cleaning and disinfecting pursuant to (q) and (r) above each whirlpool, foot spa, or spa shall be cleaned and disinfected in the following manner:
(1) The whirlpool, foot spa, or spa basin shall be filled completely with water and ¼ cup of 5.25% bleach for each one gallon of water;
(2) The whirlpool, foot spa, or spa system shall be flushed with the bleach and water solution pursuant to (r) (3), above, for 10 minutes and allowed to sit for 6 to 10 hours; and
(3) Whirlpool, foot spa, or spa system shall be drained and flushed with water before use by a patron.
(s) Pipeless pedicure units shall be sanitized and disinfected after each use with an EPA-registered disinfectant according to manufacturers' instructions.
(t) A record shall be made of the date and time of each cleaning and disinfecting as required by (q) and (r) above, including whether the cleaning was a daily or weekly cleaning.
(u) The record pursuant to (t) above shall be made available upon request by either a patron or inspector.
(v) The water in a vaporizer machine shall be emptied daily and the unit disinfected.
(w) Each shop or school shall comply with applicable local and state plumbing, electrical, and building codes.
(x) All needles, lancets, or other products containing potential blood borne pathogens shall be properly disposed in accordance with OSHA under 29 CFR 1910-1030.
(y) Shops required to have a manager shall notify the board immediately if the current manager leaves and assign a new manager as required by RSA 313-A:19, IV.
(z) The notification required by (y), above, shall include the manager's requirement as follows:
(1) Complete the same information as required by Bar 301.01(b)(5) and (b) (6); and
(2) Write a signed and dated letter from the new manager indicating they will accept the manager's position.
(aa) Prior to relocation of an independently operated booth, the booth renter shall notify the board, in writing. The booth renter relocating his or her booth shall submit a "Booth Rental Application" in accordance with Bar 301.09(e). If the application is in compliance with Bar 301.09(e) the board shall issue a new booth license.
(ab) A master barber or barber wanting a mobile barbershop shall be licensed in the same manner as a shop and follow all shop and licensee requirements.
(ac) A shop owner shall not change the name of a shop pending disciplinary action against the shop license or during any probationary period on the shop license.
(ad) Shop applicants with a shop located in a residence shall submit a floor plan. The floor plan shall include a detailed plan showing the entrance to the shop, location of restroom, treatment room, dispensary or equipment area, and reception area if any.
(ae) Floor plans for shops located within a residence shall not be altered after inspection and license issuance unless approved by the board.
(af) An individual requesting a new floor plan shall also file a new shop application with the floor plan, and shall be inspected pursuant to Bar 404.01.
(ag) All containers with chemicals shall be labeled, marked, or tagged with information specified by OSHA in 29 CFR 1910.1200(f)(6)(i) through (ii).
(ah) All product not in original containers shall be labeled, marked, or tagged with the product name.
(ai) All shops shall have an emergency eyewash station for use that is immediately accessible to everyone.
(aj) All employees and booth renters, if applicable, shall be notified where the eyewash station is. The eyewash station shall be clearly marked.
(ak) As used in this section, "emergency eyewash station" means either:
(1) An unexpired, FDA-compliant portable eyewash kit or station; or
(2) A plumbed-in eyewash station.

Notes

N.H. Code Admin. R. Bar 302.05

#6577, eff 9-13-97 (from Bar 304.01 ); amd by #7323, eff 7-26-00; ss by #7555, eff 9-12-01); ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #9455-B, eff 4-14-09; amd by #9652, eff 2-3-10; ss by #10412-B, eff 9-19-13

Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10653, Effective 8/7/2014, Expires8/7/2024. Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025. Amended by Volume XLI Number 23, Filed June 10, 2021, Proposed by #13205, Effective 5/13/2021, Expires 5/13/2031.

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