19801125 1980-20ORDINANCE NO. 1980-20
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, TO ENACT A NEW CHAPTER, TO
BE NUMBERED CHAPTER 10.1, ENTITLED, "HAIRDRES-
SING ESTABLIShi~ENTS."
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that the Code of the City of Fairfax, Virginia, be and
it hereby is amended to add a new chapter, to be numbered Chapter
10.1, to read in its entirety as follows:
"CHAPTER 10.1
HAIRDRESSING ESTABLISHMENTS
Article I. In General.
Sec. 10.1-1.
Sec. 10.1-2.
Sec. 10.1-3.
Sec. 10.1-4.
Sec. 10.1-5.
Sec. 10.1-6.
Sec. 10.1-7.
Definitions.
Right of entry for purposes of inspection.
Permit prerequisite~ posting; compliance.
Responsibilities of owners and managers generally.
Plans and specifications for hairdressing estab]
ments.
Hairdressing establishment not to be used for livinc
purposes.
Separation of hairdressing establishment from other
businesses.
Article II. Sanitary Requirements.
Sec. 10.1-8.
Sec. 10.1-9.
Sec. 10.1-10.
Sec. 10.1-11.
Sec. 10.1-12.
Sec. 10.1-13.
Sec. 10.1-14.
Hairdressin~ establishment, equipment and supplies.
Sanitation and design requirements for buildings.
Health and personal hygiene of barbers and beauti-
cians.
Sanitation of barber tools and cosmetology tools.
Sanitation of linens and disposable articles.
Hygienic practices of barbering and cosmetology.
Infected patrons.
Article I. In General.
Sec. 10.1-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively assigned to them by
this section:
Administrative authority. The director of the health depart-
ment or his duly ~uthorized representatives.
Barber. An1 person engaged in the practice of barbering.
Barbering and cosmetology. Any one or combination of the
following practices, when done upon the upper part of the h~an
body for cosmetic purposes and not for the treatment of diseases
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or physical or mental ailments, and when done for pay either dire.
tly or indirectly or without payment, for the public generally
male and female; shaving or trimming the beard or cutting the hair;
giving facial and scalp massage or treatments with oils, creams,
lotions or other preparations, either by hand or mechanical appli-
ances; singeing, shampooing or dying the hair or applying tonics,
cosmetic preparations, antiseptics, powders, oils, clays or loti¢
to the scalp, face, neck, or upper parts of the body.
Barber shop. Any place, shop or establishment wherein the
practice of barbering is engaged in or carried out including
of barbering and shall include all portions of the premises under
the control of the owner or manager thereof, which portions are
used in part or in whole for the conducting of the business.
Beautician. Any person who engages in any of the practices
of cosmetology, whether as an owner, operator, instructor, demon-
strator, manicurist or student.
Beauty shop. Any building or portion of a building within
city in which any persons, whether as an owner, manager, operator
manicurist, demonstrator, instructor or student, is engaged in the
practice of cosmetology; and such term includes all portions of
under the control of the owner or manager thereof, which
portions are used in part or in whole for the conduct of the busi-
ness, and for the purpose of these regulations shall include any
school of cosmetology.
Common space. All portions of the premises used in common by
more than one tenant, and not under the exclusive control of any
tenant.
Hairdressing establishment. Any barber shop or beauty shop.
Manager. Any person having control of a barber shop or beaut~
shop and of the persons working or employed therein.
Premises. A hairdressing establishment, any restroom,
room, hall, lounge, storage room, fences, sheds, garages or other
accessory buildings, appurtenant to such hairdressing establish-
ment and the area of land surrounding the hairdressing establish-
ment and actually or by legal construction forming one enclosure
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in which such hairdressing establishment is located or where bar-
bering or cosmetology is practiced, and which are under the control
of the owner, or manager or used by him directly or indirectly in
connection with the hairdressing establishment.
Treatment station. A barber chair or cosmetology treatment
chair and associated working surfaces.
Sec. 10.1-2. Right of entry for purposes of inspection.
For the purpose of enforcing the regulations of this chapter
the administrative authority is hereby authorized to enter upon
and into any hairdressing establishment in the city during all re.
sonable hours to inspect the same. No person shall hinder, inter-
fere with or prevent any inspection authorized by these re¢
Sec. 10.1-3. Permit prerequisite; posting; compliance with arti-
cle.
(a) No hairdressing establishment shall be opened for busi-
ness until an application has been approved and permit issued upon
compliance with these regulations by the administrative authority.
(b) The hairdressing establishment permit issued by the ad-
ministrative authority pursuant to this chapter shall be kept
ed in a conspicuous place in the establishment.
(c) Each holder of any certification issued pursuant to this
chapter shall post the same in a conspicuous place where it may
be readily seen.
(d) Whoever violates any provision of this article, by doing
a prohibited act, or failing to perform a required act, or failing
to perform permitted acts in the prescribed manner shall be deemed
guilty of a misdemeanor and shall, upon conviction, be guilty of a
Class 3 misdemeanor. Each day such violation continues shall con-
stitute a separate offense.
Sec. 10.1-4. Responsibilities of owners and managers generally.
It shall be the duty of the owner or manager of each hair-
dressing establishment to obtain the necessary licenses and permit~
to make certain that each barber or beautician employed in the es-
tablishment has the required registration and health certificates,
and be responsible for the observance of these regulations; pro-
vided, that each individual barber or beautician shall be respon-
sible for the observance of these regulations insofar as they refe~
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to his/her conduct and the care of their tools.
Sec. 10.1-5. Plans and specifications for hairdressing establish-
ments.
Plans and specifications for any hairdressing establishment
hereafter established, removed to a new location or remodeled shal
be submitted to the administrative authority before such shop may
be opened for business. Such plans shall show all details as to
entrances, partitions, windows, openings, ventilation, vestibules,
toilets, water supply, waste connections, sanitary equipment and
such other details as may be required by the administrative autho-
rity.
Sec. 10.1-6. Hairdressing establishment not to be used for liv-
ing purposes.
No portions of any hairdressing establishment shall be used
for sleeping purposes nor shall living quarters of any kind be
directly entered through the hairdressing establishment, nor shall
any cooking be permitted in a hairdressing establishment.
Sec. 10.1-7. Separation of hairdressing establishments from othe~
businesses.
No hairdressing establishment shall be permitted to be con-
nected with any other business or dwelling unless it be separated
by a partition or wall constructed in accordance with the regula-
tions of the building code. Access to any dwelling or to any othel
place of business shall not be through a hairdressing establishmen'
but shall be by means of a separate entrance.
Article II. Sanitary Requirements.
Sec. 10.1-8. Hairdressing establishment, equipment and sup/~!ies.
(a) Each hairdressing establishment shall have the following
facilities and equipment:
(1) Each hairdressing establishment shall have toilet
facilities as required by the plumbing code. Such facility shall
be deemed adequate if it (a) is located within the same building
as such hairdressing establishment, (b) is accessible without go-
lng outside such building or through space exclusively controlled
by another, (c) may be reached by a line of travel not exceeding
two hundred feet. Hand washing facilities must be easily access-
ible to the users of the toilet facilities. An adequate supply of
toilet tissue, approved towels and soap must be provided.
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(2) At least one service sink not less than sixteen
inches long and ten inches deep, with running hot and cold water
for custodial purposes and not for customer service; provided,
where a part of any premises is used for a hairdressing establish-
ment, it shall be sufficient if the plumbing fixture for custodial
purposes is provided within the building if it can be reached by
a line of travel not exceeding one hundred feet without going out-
side of the building and is not used in connection with any dwell-
ing unit.
(3) There shall be at least one lavatory with running
hot and cold water for general purposes exclusive of customer se~
vice and at least one lavatory with running hot and cold water for
shampoo purposes. Any shampoo lavatory serving a treatment static
or shampoo booth shall be equipped with shampoo fittings and trim.
Shampoo lavatories, other than those in booths shall not be spaced
closer than four feet center to center; provided, that in existing
shops the administrative authority shall permit variations of
requirements of not more than eighteen inches. All fittings and
fixtures shall be of such design and shall be so installed or op-
erated as to prevent the possibility of any cross-connection or
interconnection between waste water and potable water.
(4) An adequate supply of an approved disinfectant.
(5) Closed storage cabinets for tools, supplies,
linens and other materials used in the practice of barbering and
cosmetology.
(6)
als.
Suitable covered containers for all waste materi-
(7) Suitable storage space for custodial equipment
and supplies.
(8) Suitable dispensers for all single service arti-
cles, bulk hair preparations, shampoos, lathers and toiletries.
(9) Sufficient numbers of tools or sets of tools to
allow continuation of patron service while previously used tools
or sets of tools are being thoroughly cleaned and disinfected.
(b) The minimum equipment for each treatment station shall
be as follows:
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(1) A barber chair or all purpose cosmetology chair.
Chairs with head rests shall have a changeable covering.
(2) One closed receptacle for the storage of clean
tools.
(3) Suitable dispensers for all single service arti-
cles, bulk hair preparations, shampoos, lathers and toiletries.
(4) At least one covered waste receptacle shall be
provided and where there are multiple treatment stations, there
shall be a receptacle for every two stations or fraction thereof.
(5) Each shampoo or customer service lavatory shall
service no more than two treatment stations or operators. However
cosmetology schools shall provide a minimum of four shampoo bowls
or lavatories for each twenty-five students or fraction thereof.
(c) Each manicurist station shall have the following equip-
ment, either stationary or movable:
(1) Manicuring stand with lamp.
(2) Closed cabinet or covered container for the sto-
rage of clean, disinfected manicuring instruments.
(3) Closed container for waste materials.
(4) At least two sets of manicurist instruments.
Sanitation and design requirements for buildings.
Sec. 10.1-9.
(a) The windows, floors, walls and ceilings of all hairdre~
lng establishments together with all the appurtenances therein,
and all tools, appliances and other equipment used in connection
therewith, shall be kept at all times in a clean and sanitary con-
dition and in good repair. The hairdressing establishment and all
its parts shall be free of rodents and vermin. Floors subject to
splash, spillage or hair cuttings must be smooth, nonabsorbent
and easily cleanable.
(b) Floor and walls of toilet rooms and water closet com-
partments shall be of nonabsorbent materials. All toilet rooms
and water closet compartment doors shall be self closing. Toilet
rooms and water closets shall be kept in a clean and sanitary con-
dition at all times.
(c) All rooms used for the purpose of barbering and cosme-
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tology shall be provided with artificial illumination uniformly
distributed so as to give an illumination intensity of thirty foot
candles or more at the working surfaces at each treatment station.
Such illumination shall be reasonably free from glare.
(d) All rooms used for the purpose of barbering or cosmeto-
logy shall be provided with openable window area equal to at least
five percent of the floor area for ventilation purposes, except
that a mechanical or positive ventilation system may be substitu-
ted for or to supplement ventilation usin9' openable windows. When
such mechanical ventilation systems are usedf rooms shall be pro-
vided with facilities for at least five air changes per hour. The
atmosphere in each hairdressing establishment shall be maintained
reasonably free of odors, noxious substances or any objectionable
air contaminant.
(e) For the purpose of providing adequate ventilation where
a hairdressing establishment is divided into enclosed booths, the
following shall apply: When ventilation using openable windows
is provided and there are partitions on at least two sides of the
booth there shall be a minimum of twenty-four inches of open space
between the top of the dividing partition and the ceiling, and a
minimum of four inches of open space between the bottom of tne
dividing partition and the floor. No such dividing partition shall
be nigher than six feet from the floor. When mechanical ventila-
tion is provided, the side dividing partitions may be flush with
the floor, but shall not be higher than six feet from the floor,
:provided the front of the booth is completely open. Combustible
drapes shall not be used as side walls or front closures for booths
(f) In order to minimize patron exposure to splash, sprays
and hair cuttings, the chairs at the shampoo sinks and treatment
stations must be spaced a minimum of four feet apart on center or
must be sufficiently separated to allow free movement of pivoting
chairs and the beautician or barbers.
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Sec. 10.1-10. Health and pers~n.a.l..hygiene of barbers and beauti-
cians.
(a) Every attendant or employee in a hairdressing establish-
ment shall cleanse his or her hands thoroughly with soap and hot
running water immediately before serving each patron.
(b) All employees performing work upon the public shall at
times be attired in clean uniforms.
(c) No person shall engage in the practice of barbering or
cosmetology when suffering from any disease in a communicable form.
(d) All persons employed in a hairdressing establishment are
required to have a health certificate to be issued by the director
of health, and such certificates shall be valid for twenty-four
months. These certificates shall be issued upon such conditions
as the administrative authority may deem reasonable and proper
under this chapter.
Sec. 10.1-11. Sanitation of barber tools and cosmetology tools.
(a) Every hairdressing eatablishment shall be provided with
and shall use proper facilities for the disinfection and fungicidal
treatment of all instruments and implements employed in the
practice of barbering and cosmetology. Containers for disinfect-
lng and fungicidal solutions shall be of such size as will accomm-
odate all instruments and implements to be disinfected or treated
against mycotic organisms. A sufficient amount of disinfectant
solution must be provided in the containers at all times for the
proper ~isinfection of all instruments and implements. Speci-
mens may be taken from time to time by the administrative authority
to determine whether or not the instruments and implements so used
in such shops are free from pathogenic organisms and fungi, and
or not the disinfecting and fungicidal materials are suit-
~ble for their purposes.
(b) No hairdressing establishment shall use for the service
)f any customer a comb, brush or any implement that has not been
thoroughly cleansed and disinfected since last used.
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(c) All razors, scissors, combs, tweezers, and other tools
except clippers used in the practice of barbering and cosmetology
shall be thoroughly washed with soap or detergent and water to re-
move all soil and debris and effectively disinfected immediately
after use on each patron.
(d) Clippers shall be kept clean and hair and debris shall
be removed with a clean, dry cloth, clean disposable tissue or
clean brush used for this purpose only after the service of each
patron. The clipper blades must be effectively treated to remove
all pathogenic organisms and fungi by one of the methods prescribed
by the administrative authority after use on each patron and before
being used for the service of any other patron.
(e) All disinfecting solutions shall be renewed as often as
necessary to retain their strength. Containers used for disinfec-
ting purposes shall be thoroughly cleaned at the close of each day
and refilled with new unused solution. When disinfectant solution~
are retained for reuse, the container shall have a cover when not
in use.
(f) Closed cabinets and covered containers used for the sto-
rage of supplies, clean linen and disinfected tools shall be kept
in a clean and sanitary condition at all times, and shall be washed
with a disinfecting solution at regular intervals.
(g) No tools shall be left exposed on the work stands, but
shall be cleaned, ~disinfected and placed in a clean closed drawer
or cabinet.
(h) Razor straps shall be kept clean at all times.
Sec. 10.1-12. Sanitation of linens and disposable articles.
(a) No barber, beautician or employee in any hairdressing
establishment shall use for the service of a patron any head rest
cover, neck strip, towel or wash cloth that has been used for any
other patron unless the same shall have been laundered since last
used.
(b) wnen a hair cloth or shampoo cape is used in serving a
patron, a neck strip, a freshly laundered towel or other suitable
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protection shall be placed between the hair cloth or shampoo cape
and neck of the patron so as to prevent the hair cloth or shampoo
cape from touching the skin. Soiled or unclean hair cloths or
shampoo capes shall not be used.
(c) All disposable articles must be stored in a sanitary
and dispense~ properly. All disposable material must be
discarded immediately after use.
(d) All reusable linens must be properly stored in closed
cabinets and laundered in an approved manner after each use. Used
towels must be immediately removed from the work station and store(
in a closed container until laundered.
(e) Laundry equipment, if provided in the establishment,
must be located in an area separate from the patrons and toilet
~ms. Laundry dryers must be vented to the exterior of the build-
ing. An adequate supply of one hundred forty degrees Fahrenheit
water must be provided to the washing machines, and a suitable dis-
infectant must be added to each load.
Sec. 10.1-13. Hygienic practices of barbering and cosmetology-
(a) All towels, barber and cosmetology tools and other im-
plements or materials used in the service of a patron shall be
removed from the work stand and from the wash basin immediately
after the service of each patron and shall be placed in their pro-
per container. Hair cloths, chest cloths, hot towels shall not
be left on chairs or work stands, except where a place is espe-
cially provided for that purpose on the chair. Jars containing
creams or pomades shall be kept covered at all times.
(b) The common use of hair brushes, neck dusters, shaving
mugs and shaving brushes is prohibited.
(c) The making of shaving lather in a wash basin or lavatory
for use in serving a patron is prohibited.
(d) Alum or any material used to stop the flow of blood must
be used only in the form of a powder or liquid and applied only
with sterile gauze or sterile absorbent cotton.
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(e) Powder puffs shall not be used unless of the single ser-
vice variety.
(f) Cake powder shall not be used. Powder provided for
customer use shall be kept in a shaker type dispenser and be app-
lied with a single service applicator.
(g) Where creams or jellies are provided in jars or similiar
containers, they shall be removed with a clean spatula for the use
of each patron. Unused portions of creams or jellies remaining
from service on a patron shall be discarded.
(h) Where cuticle remover is provided in bottles or jars,
sufficient amount shall be removed for the uses of each patron.
Unused portions of remover remaining from service on a patron shall
be discarded.
(i) The use of brushes for shampooing is prohibited.
(j) No soap in cake or stick form shall be used, except when
packaged for individual use and used for one patron only.
(k) Barbers and beauticians shall not carry any combs or
other instruments in a pocket.
(1) Hairpins and extra hair pieces which are temporarily re-
moved from a patron's head shall be kept separately and wrapped in
a clean towel.
(m) Finger waving fluids shall be applied to the hair only
by dripping, pouring or spraying on the hair from a dispenser.
Excess waving fluid from the hair of a patron shall not be recov-
ered, stored or used on another patron.
(n) No barber or cosmetologist shall use on any patron or
display in his workshop any preparation unless such preparation
is contained or displayed in a bottle or container clearly labeled
with the name of the product and name and address of the manufact-
urer.
(o) No barber or cosmetologist shall remove or attempt to
remove a wart or mole or treat any skin disease of a patron.
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(p) No preparation which is harmful to the hair, skin, nails
or any other part of the body may be permitted to be used on any
patron.
Sec. 10.1-14. Infected patrons.
(a) No barber or beautician shall serve any patron when the
skin of the patron's face, neck or scalp is inflamed, ~ contains pu:
or is erupted unless such patron provides the necessary implements
for his individual use and submits a certificate from a duly licen-
sed physician stating that such inflammation or eruption is not
communicable.
(b) No barber or beautician shall knowingly serve any patron
who is afflicted with impetigo, sycosis vulgaris (barber's itch),
pediculosis (lice and nits), fungus infection of the face and scal
(ringworm), nor shall they serve any patron whom they suspect of
being infected with any communicable disease, except that such
service may be rendered in a hospital or at home or other place
than a barber shop or beauty shop, subject to such regulations as
may be imposed by the administrative authority."
This ordinance shall become effective immediately upon its
adoption.
Introduced: November 11, 1980
Adopted:
November 25, 1980
Mayor
Attest:
Acti~_c~ City Clerk
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