CHAPTER 429

AN ACT TO AMEND CHAPTER 4, TITLE 24, DELAWARE CODE, RELATING TO BARBERS AND ENACTING A NEW SUBCHAPTER.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 405, Title 24, Delaware Code, is amended by adding thereto a new sentence to read as follows:

The Board may make any regulation it deems necessary for carrying out the provisions of this Chapter respecting its internal economy and the conduct of its business, and may amend or repeal any such regulation.

Section 2. Section 406, Title 24, Delaware Code, is repealed and a new Section 406 inserted in lieu thereof to read as follows:

§ 406. Examinations of shops; failure to keep sanitary

The State Board of Health shall be the only authority to enter and make reasonable examination of any barber shop in the State during business hours, for the purpose of ascertaining the sanitary conditions thereof. The State Board of Examiners of Barbers shall not have the authority to inspect barber shops after they have made the final inspection of newly opened shops. Any barber shop in which tools, appliances and furnishings in use therein are kept in an unclean and unsanitary condition, so as to endanger health, is declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment therefor.

Section 3. Section 408 (b), Title 24, Delaware Code, is amended by striking out the figure "$5.00" and inserting in lieu thereof the figure 110.00".

Section 4. Section 409 (c), Title 24, Delaware Code, is amended by striking out the figure "$5.00" and inserting in lieu thereof the figure "$10.00".

Section 5. Section 414, Title 24, Delaware Code, is amended by striking out the figure "$100.00" and inserting in lieu thereof the figure "$25.00" and by adding a new sentence thereto to read as follows:

A presently established and approved barber shop which is sold does not become a new barber shop under this Section.

Section 6. Section 404, Title 24, Delaware Code, is amended by adding a new sentence thereto to read as follows:

All such vouchers must be signed by the President and Secretary of the Board.

Section 7. Chapter 4, Title 24, Delaware Code, is amended by adding thereto a new Subchapter II to read as follows:

SUBCHAPTER II. BARBER SCHOOLS

§ 421. Requirements for Registration

(a) Preliminary Inspection. Each proposed school shall be inspected for the purpose of determining:

1. Suitability of proposed location.

2. Suitability of proposed rooms, with regard to plumbing, ventilation, lighting, and adequacy of floor space.

3. Approval of proposed layout.

4. Approval of proposed items of equipment.

5. Satisfactory evidence for school registration; responsibility of applicant for school registration.

6. Satisfactory evidence of proper provisions for corps of teachers.

Careful verification of claims and representations set forth in the application shall be made.

(b) Second Inspection. An inspection shall be made after the equipment has been installed and before the school is permitted to begin operation.

§ 422. Equipment Requirements for Barber Schools For each school:

One blackboard (3' x 5' minimum or equivalent)

One hand hairdryer for each ten students

One microscope

Medical dictionaries

Sets of charts on skin, bones, muscles, nerves, and circulatory system (24" x 36" minimum or equivalent)

Sets of library books on anatomy, physiology, and hygiene

Sufficient chairs, coat and hat racks to accommodate patrons

One electric lather mixed for every two chairs

One or more wash bowls with hot and cold running water for every three chairs.

For each student:

One standard barber chair with a modern workstand

One large mirror (24" x 24" minimum or equivalent)

One dry sterilizing cabinet for all instruments

One covered hamper for soiled towels

One covered waste container

One dust-proof cabinet for linens

One hair clipper (electric)

Razor (one)

Two shears and one thinning shear

Four combs

One set of strops

One hone

One standard textbook on barbering (Sets of question and answer books are not considered textbooks).

The proper place for the equipment will require at least 100 square feet of floor space per chair.

§ 423. Personal Requirements

(a) Owners. No school shall be registered until the Board has had ample opportunity to verify sworn statements as to the actual ownership. False statements submitted in this connection shall constitute sufficient grounds for cancellation of the school's license if detected after a license has been issued. The Board reserves the right to deny school license to any applicant who fails to present satisfactory evidence of business, professional, or personal integrity. No school permit will be issued until the real owner files with the Board a statement definitely designating who is authorized to accept, service of legal notices and to transact all citations for hearings and compliance with rulings issued by the Board. This statement shall bear a facsimile signature of the individual so authorized.

(b) Instructors. Each school shall meet the following requirements pertaining to instructors:

1. Each school shall employ as instructors only barbers registered in the State of Delaware who are competent to impart instruction in all branches of barber science which they teach.

2. No individual shall be counted as a regular, part-time, or substitute instructor in any school unless his barber certificate is on display in the said school.

3. Every school shall employ at least one full-time registered barber for every five students.

4. Each class taught for credit shall consist of not more than twenty students per registered instructor, and in no case less than one full-time instructor who shall be in attendance at all times during the hours the school is open for instruction. The only exception to this rule which the Board shall permit is the lecturing by a staff physician or some specialist, and then only when at least one teacher is present.

5. No instructor in a school of barbering may devote any portion of his time to work in a shop while the school is in session.

0. Instructors as well as students must be attired during school hours in washable jackets, which must be kept in a clean condition. Teacher uniforms must be such as to distinguish instructors from students.

§ 424. Student Enrollment, Credits, Etc.

(a) Enrollment. No student shall be enrolled in any school of barbering unless he holds an apprentice or student permit issued by the Board. No student or apprentice permit can be issued for a school of barbering that does not maintain the standards prescribed by the barber law. A student shall be at least sixteen years of age in order to register in a barber school. A student permit fee shall be $10.00.

(b) Entrance—Out-of-state transfer from schools. Whenever a student at the time of enrolling is entitled to credits previously earned, the school enrolling such student shall carefully evaluate these credits and submit to the Board three copies of the sworn certification of entrance credits. A mere statement that the applicant for certification of entrance credits has pursued work elsewhere than in the school requesting the Board's approval shall not be accepted as sufficient evidence. The statement must be accepted as documentary evidence showing attendance at a given school, and if possible, the number of hours attended and subject pursued.

If and when the Board approves the entrance credits so certified, two copies of the certification shall be returned to the school. The school shall preserve these copies until the student is ready to apply for the State examination, at which time one copy shall be filed with the student's application for examination. The other copy shall be returned for the permanent files of the school.

() Transfer Credits. A certificate of transfer must be completed in all cases where a student wishes to leave a registered school of barbering and transfer to another registered school of barbering. The school in which the student has completed a portion of his or her course of preparation must furnish the Board with a sworn statement upon an official blank "Certificate of Transfer", setting forth the subjects and the number of hours credit given in each, such certification must be approved by the Board before the student may be enrolled in another school of barbering.

(d) All Certificates of Transfer must be submitted to the Board in duplicate. When transfer credits constitute a portion of the number of hours required to establish eligibility for State examination, an approved Certificate of Transfer shall be submitted with the student's application for examination.

(e) Attendance Reports. Each school shall keep a daily record of the attendance of each student and a record devoted to the different practices, and shall establish grades and hold examinations before issuing diplomas.

Time spent as an apprentice in a shop and as a student in a school may be combined to meet the requirement for examination.

(f) Student Work. Compensation for student work is strictly prohibited. A nominal charge may be made by the school for work performed by students, in order to cover the cost of maintaining sanitary conditions within the school.

(g) Each school shall display in a conspicuous place in and about the entrance to said school at eye level or higher a sign in display letters at least six inches in height as follows: BARBER SCHOOL—ALL WORK PERFORMED BY STUDENT BARBERS.

§ 425. General Regulations Pertaining to Schools

(a) Advertising. Each school shall advertise only under the designation of a school. A school shall not, in any form of advertising be so designated as to mislead the public in regard to prices or location. Every establishment shall display a clearly visible sign at its main entrance indicating that it is a barber school. A school shall not advertise prices.

(b) Authorized Signature. A registered school of barbering must supply the Board with a facsimile signature on white paper of the individual or individuals authorized by the owner of said school to sign all official certificates of students of said school for admission to examination. This signature should be filed immediately.

(c) Daily Schedule. Each school is required to post schedules showing the schedules of classes in theory and in practical work. The schedule must not be less than four nor more than eight hours for each day the school is in session and each student must have an opportunity to devote at least three hours for every four hour class to practical work and six hours for every eight hour class to practical work. For each of these class periods the instructor in charge shall keep an accurate daily record of attendance and progress of each student. Each student must complete a minimum of four hours per day instruction and practical work combined, in order to receive credit for that day's instruction.

(d) Duty Work. The Board holds that all hours credited to a student should be devoted to the study of barbering. Therefore, duty work should not exceed a period of more than ten minutes of the student instruction time. Duty work shall consist only of the tidying and cleaning naturally performed by any operator about his own chair at the conclusion of any barber process. It shall not include menial work of a nature ordinarily performed by a maid, porter, or janitor.

(e) Curriculum. Each school shall be required to have readily available at all times a complete file of the curriculum.

(f) Safety Precautions. Those in charge of the school should at all times be vigilant to prevent accidents as well as infections. They should, therefore, observe with special diligence the following precautions:

1. All electrical appliances must be properly installed and grounded.

2. Requirements for sanitation and sterilization must be strictly observed at all times.

3. Infectious or contagious diseases of the skin should not be treated in any manner.

(g) Service and Inspection. Every establishment must provide a suitable place properly equipped to give adequate service to patrons, and subject to inspection, at any time by the duly authorized agents of the Board of Health, or by the Board of Barber Examiners.

§ 426. Rules and Regulations Governing the Operation and Conduct of Barber Schools

(a) Inspection. All barber schools shall be open for inspection at all times during business hours to any duly authorized agent of the Board of Health, or by the Board of Barber Examiners.

(b) Barber Schools. Every barber school shall be well lighted, well ventilated, and kept in a clean, orderly, and sanitary condition. All waste containers shall be thoroughly cleaned at least once during each session of the school. Floors must be swept or mopped each day and kept free from hair. Every barber school must be provided with adequate lavatories, readily accessible, and kept in a sanitary condition.

() Water. Running water, hot and cold, located at a convenient point or points within each barber school shall be provided.

(a) Sterilization. All tools and instruments, such as razors, tweezers, combs, hairbrushes, rubber discs, parts of vibrators or massaging machines, and all other utensils or appliances that come into contact with the neck, face, or head shall be sterilized immediately after each use and shall be sterilized daily. Instruments shall be sterilized by immersing in disinfecting solution equal to a five per cent solution of carbolic acid or alcohol solution of at least 70 per cent strength for a period of at least one minute before serving each patron. Shaving mugs and brushes shall be thoroughly rinsed in boiling water before each separate use. Any method of sterilization that is bacteriologically effective will be permitted. All sanitation regulations adopted by the Board of Barber Examiners and the State Board of Health that apply to barber shops shall also apply to barber schools.

() Towels. None but freshly laundered and sterilized towels shall be used for each patron. The headrest of a barber chair must be covered with a freshly laundered towel or fresh paper for each patron. In cutting the hair of any person, a newly laundered towel or fresh paper shall be placed about the neck to prevent the hair cloth from touching the skin. All towels used on each patron must be discarded in a closed receptacle, and must not be left lying on work-bench or washbowl. This regulation includes hot towels taken from a steam sterilizer. Laundry work in a school is prohibited.

(f) Astringents. The use of finger bowls, powder puffs, styptic pencils or sponges in barber school is prohibited, and no barber, student, or apprentice shall keep any of them on or about his stand. Nothing but powdered or liquid astringents applied in each case on a clean towel or clean piece of cotton shall be used to check bleeding; styptic or astringent pencils and lump alum are strictly forbidden.

(g) Health. Every person serving as a barber, student, or apprentice, shall thoroughly clean his or her hands immediately before serving each customer. No person who is an habitual user of alcoholic liquor, or who is addicted to the habitual use of morphine, cocaine, or other habit-forming drugs shall serve as a barber student or apprentice. All persons in a barber school shall be clean, both as to person and dress. No 'person shall act as a barber, student or apprentice who is infected with a disease which may be transmitted or communicated to a patron. No person acting as a barber shall knowingly serve any person afflicted with an infectious or communicable disease.

() Treating Diseases. No barber, student, or apprentice shall undertake to treat any disease of the skin, but shall advise consultation with a physician.

(a) Business Location. No school of barbering shall be located so that nearby business activities interfere with the school. Rooms used for school purposes shall not be used for other purposes and all rooms shall be arranged and the work conducted so that the health and safety of patrons, students, and teachers are properly safeguarded.

(b) Business Permit. Any person desiring to operate or conduct a barber school shall first secure a city or town permit to do so, and shall keep the same prominently displayed.

§ 427. Board Examination

The State Board of Barber Examiners may examine students for license on the premises of the school from which the applicant has graduated, if they so desire.

§ 428. Licensing of Students

(a) Title 24, Chapter 4, Section 409 to the contrary notwithstanding, a graduate of a bone-fide Barber School, having pursued a course of instruction of at least 1500 hours duration, who meets the educational requirements contained therein, and upon presentation to the Board of a certificate of graduation from said Barber School, shall be examined and tested by the State Board of Barber Examiners, and, if found qualified, shall be duly licensed as a student barber and must serve twelve months with a licensed barber in the State before applying for examination to be duly licensed as a barber as outlined in Section 409 (b) and (c).

(b) No barber shall have serving under him more than one student barber under this Chapter.

§ 429. Curriculum Requirements

Practical work shall be integrated with the theory and science of barbering in such a manner that practical experience is gained concurrently with theoretical knowledge. A total of 1500 hours plus twelve months as a student barber shall be considered a sufficient requirement for licensing a student by the State Board of Barber Examiners. An acceptable curriculum shall include, but not be limited to, study to the following subjects:

Shop Management

Barber Ethics Personal Hygiene

Sterilization Shampooing Haircutting

Face Shaving

Honing and Stropping

Bacteriology Singe

Instruments Anatomy

Physiology

Pharmacology

Hair tonics and head treatment.

Scalp care and treatment.

Theory and Practice of Massage and Facial Treatments.

State Board of Regulations, licenses and examination.

§ 430. Fees

Every new barber school shall pay to the Board, for a permit, an initial fee of $100 and $50 per year thereafter. All monies collected under this Section shall be deposited in the General Fund of the State of Delaware.

§ 431. Sunday Closing; Penalty; Jurisdiction and Cognizance of Offenses

Whoever carries on or engages in the business of barber school or whoever opens or allows to be open his barber school, or place where such business is done, for the purpose of carrying on his said business on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $20 nor more than $75 and on failure to pay such fine and costs shall be imprisoned not exceeding ten days.

Approved August 13, 1962.