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Rule Title: SALONS/BOOTH RENTAL
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Department: LABOR AND INDUSTRY
Chapter: BOARD OF BARBERS AND COSMETOLOGISTS
Subchapter: Salons and Booth Rentals
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.121.1301    SALONS/BOOTH RENTAL

(1) Each salon and shop shall be located in a structure that meets all applicable local and state building codes requirements.

(2) The board shall initially and annually, or when a complaint is received, inspect and approve all salons, shops, and booths.

(a) The most current inspection report must be made available to the inspector or designee upon request.

(b) Within ten days of an annual or complaint-driven inspection, the salon or shop owner, booth renter, or manager shall respond to all inspection report violations by submitting a detailed written response, including any corrective action taken, to the board office.

(3) Applicants shall furnish the board with a blueprint or detailed scale drawing of the floor plan when filing a salon or shop application.

(4) Minimum requirements for a licensed salon or shop are as follows:

(a) at least one sink basin, appropriate for the practice, within the confines of the salon or shop. The sink basin must have hot and cold running water and be connected to a sewer or septic system;

(b) one covered wet sanitizer of suitable size and depth, and appropriate sanitizing and disinfecting agents as defined in ARM 24.121.1513 and 24.121.1514 (uncovered sanitizing agents may be used, provided the sanitizing agent is changed after each use);

(c) one covered soiled linen container;

(d) one covered garbage container; and

(e) one enclosed dust free cabinet for the storage of cleaned towels.

(5) In addition to the above requirements, electrology salons or shops shall have:

(a) either a high frequency generator, galvanic generator, or electrolysis machine (dispersive or inactive electrode with connections to the machine, such as wet pad, metal rod, or water jar, necessary for electrology treatments);

(b) needles in assorted sizes;

(i) only presterilized, disposable needles may be used for electrolysis services on any individual in a licensed salon, unless a properly installed, serviced, and operated autoclave is utilized for sterilization of reusable needles.

(c) covered containers for all lotions, soaps, and cotton to be used on clients;

(d) four fine-pointed epilation forceps; and

(e) six draping sheets or towels.

(6) All residential salons and shops shall have:

(a) outside entrances with doors; and

(b) a separate restroom within the confines of the salon that is not available for the personal use of the residents.

(7) Salon and shop licenses are not transferable. Upon a change in ownership and/or location, the salon or shop shall submit a new salon or shop application accompanied by the appropriate fees.

(8) A new salon or shop may be granted a temporary operating permit pending an initial inspection. No prior notice of the inspection is required. A temporary operating permit shall terminate and a license shall not be granted without board review, unless the salon or shop provides the board with a response within 30 days of the date of the inspection that indicates all the inspection violations have been corrected to the inspector's satisfaction. If a temporary permit terminates, the salon or shop must cease operation until the application is granted by the board and a license issued. A subsequent temporary operating permit is not available unless the application times out pursuant to ARM 24.121.403 and a new application is filed.

(9) Holders of salon or shop licenses shall be responsible for safety and sanitation in the salon or shop except sanitation and safety violations caused by the booth renter taking place in the working area.

(10) A licensee may not renew a booth renter license, unless, at the time of renewal, the licensee has at least one currently active license to practice.

(11) It is the responsibility of the salon or shop to ensure that all personnel comply with the board's statutes and rules.

(12) A practice license is a condition to holding a booth rental license. All alleged violations arising against the booth renter shall be processed against the practice license, and a separate action against the corresponding booth rental license is unnecessary. Any final orders resulting from formal disciplinary action or an administrative suspension of an individual's practice license shall also be reflected against the individual's booth rental license.

 

History: 37-1-131, 37-31-203, 37-31-204, MCA; IMP, 37-1-131, 37-31-204, 37-31-302, 37-31-309, 37-31-312, MCA; NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17.


 

 
MAR Notices Effective From Effective To History Notes
24-121-14 2/18/2017 Current History: 37-1-131, 37-31-203, 37-31-204, MCA; IMP, 37-1-131, 37-31-204, 37-31-302, 37-31-309, 37-31-312, MCA; NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2017 MAR p. 221, Eff. 2/18/17.
24-121-13 11/13/2015 2/18/2017 History: 37-1-131, 37-31-203, 37-31-204, MCA; IMP, 37-31-204, 37-31-302, 37-31-309, 37-31-312, MCA; NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15.
24-121-12 8/14/2015 11/13/2015 History: 37-1-131, 37-31-203, 37-31-204, MCA; IMP, 37-31-204, 37-31-302, 37-31-309, 37-31-312, MCA; NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2015 MAR p. 1198, Eff. 8/14/15.
24-121-5 2/29/2008 8/14/2015 History: 37-1-131, 37-31-203, 37-31-204, MCA; IMP, 37-31-204, 37-31-302, 37-31-309, 37-31-312, MCA; NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08.
11/19/2004 2/29/2008 History: 37-1-131, 37-31-203, 37-31-204, MCA; IMP, 37-31-302, 37-31-309, 37-31-312, MCA; NEW, 2004 MAR p. 2813, Eff. 11/19/04.
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