CHAPTER 390

FORMERLY

SENATE BILL NO. 86

AS AMENDED BY SENATE AMENDMENTS NOS. 2, 3 and 4

AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 4, TITLE 24 OF THE DELAWARE CODE RELATING TO BARBERS AND BARBER SCHOOLS.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of the Members of each House concurring therein):

Section 1. Amend Section 401, Chapter 4, Title 24 of the Delaware Code, by striking therefrom the paragraph beginning with the words "Practicing the occupation of barber", and substituting in lieu thereof the following:

"Barber" shall mean any person who, for a monetary consideration, shaves or trims men's beards, cuts or dresses hair, gives facial or scalp massaging, treats beard or scalp with oils, creams and other preparations made for this purpose, and singes or dyes the hair.

"Practicing the occupation of barber "shall include shaving or trimming the beard or cutting the hair; giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or with mechanical appliances; the singeing, shampooing or dyeing the hair or applying tonics to the hair; applying cosmetic preparations, anticeptics, powders, oils, clays, or lotions to the scalp, face, neck or upper part of the body.

Section 2. Amend §402, Chapter 4, Title 24 of the Delaware Code, by striking paragraphs (b), (c) and (d) and substituting in lieu thereof, the following:

"(b) Any person appointed to the State Board of Examiners of Barbers shall:

1. Hold a valid Delaware barber's license;

2. Have been a resident of this State for at least five years immediately preceding his appointment;

3. Have been engaged in the actual practice of barbering for at least five years immediately preceding his appointment;

4. Not be connected directly or indirectly with the manufacture, renting, or selling of barber appliances and supplies.

(c) In the event of a vacancy occurring in the Board, whether by reason of death, resignation, or removal for cause, or upon the expiration of a member's term, such a vacancy shall be filled by the Governor, from a selected list supplied by the Delaware Association of Barbers.

(d) Before entering upon his duties, each member shall be duly sworn or affirmed to faithfully and impartially perform duties of his office."

Section 3. Amend §403, Chapter 4, Title 24 of the Delaware Code, by striking the first sentence in said Section, and substitute in lieu thereof the following:

"The Board shall choose one of its members as President, one as Vice-President, and one as Secretary thereof."

Section 4. Amend §404, Chapter 4, Title 24 of the Delaware Code, by striking said Section in its entirety, and substituting in lieu thereof a new Section 404 which shall read as follows:

§404. Receipts; .disbursements

All money or income received by the Board shall be paid to the State Treasurer through the Division of Public Health as the revenue is received, and shall be credited to the General Fund. All disbursements authorized by the Division of Public Health for salaries, expenses or other authorized expenditures shall be paid by the Division of Public Health through the State Treasurer, out of funds appropriated by the General Assembly for such purpose.

Section 5. Amend §405, Chapter 4, Title 24 of the Delaware Code, by adding the following new paragraphs to said Section 405:

"Further, the Board may suspend or revoke any permit or certificate of registration granted by the Division of Public Health under this Chapter to any person who;

a. Habitually indulges in the use of ardent spirits, narcotics, or other stimulants to such an extent as, in the opinion of the Board, incapacitates such person from the duties of a barber;

b. Has or imparts any contagious or infectious disease to any recipient of such person's services as a barber;

c. Performs work in an insanitary or filthy manner or insanitary or filthy place of business;

d. Who is grossly incompetent;

e. Who engages in unethical or dishonest practice or conduct; or

f. Who employs an unlicensed person,

Any person whose permit or certificate of registration has been so suspended or revoked may, upon application, have the same reissued to him or her upon satisfactory showing that the disqualification has ceased, except where such a certificate was suspended or revoked for having or imparting any contagious or infectious disease, in which case a new certificate shall not be issued for a period of a least one year, and then only after the provisions of this Chapter have been fully complied with by such person in the same manner as if he or she had never been registered.

Section 6. Amend §406, Chapter 4, Title 24 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new Section 406 which shall read as follows:

§406. Examination of Shops; failure to keep sanitary

The Division of Public Health, in joint authority with members of the State Board of Examiners of Barbers, shall have the power to enter and make reasonable examination of any barber shop in this State during business hours, for the purpose of ascertaining the sanitary conditions thereof, Any barber shop in which tools, appliances and furnishings in use therein are kept in an unclean and unsanitary condition is hereby declared to be a public nuisance.

Section 7. Amend §408, Chapter 4, Title 24 of the Delaware Code, by striking said section in its entirety.

Section 8. Amend Section 409, Chapter 4, Title 24 of the Delaware Code, by striking said Section in its entirety, and substituting in lieu thereof a new Section 409 which shall read as follows:

§409. Examination fee; qualification; certificate; renewal fee

Any person not within the provisions of §408 of this Chapter, or not registered thereunder, who desires to obtain a certificate of registration under this Chapter shall:

1. Have at least an eighth grade grammar school education, and shall make application to the Board, and shall pay a fee of sixty dollars ($60.00), which fee shall cover both the examination and license fee for the remainder of that year. Upon paying such fee, the applicant shall present himself at a regular meeting of the Board during which applicants are examined. The Board shall proceed to examine each applicant, both by written and oral examinations, in scientific fundamentals of barbering and barber science, histology of the hair, skin, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics, hygienic sanitation and bacteriology, massaging and manipulating the muscles of the scalp, face or neck. Each applicant must be above the age of nineteen years, of good moral character, and free from contagious disease. Each applicant must have studied the trade for at least three years as an apprentice under a qualified and practicing barber, or practiced the trade in another state for at least two years. Each applicant must have the requisite skill in his trade to properly perform all the duties thereof, including his ability in the preparation of tools, shaving hair, cutting hair, and all the duties and services incident thereto.

2. Has a license or certificate of registration as a practicing barber from another State or country which has substantially the same requirements for licensing or registering barbers as are required by this Chapter, has studied barbering, and has trained as a registered student in a registered barber's school for a period of at least twenty consecutive weeks;

3. Each such application shall have attached thereto the certificate of a licensed physician and surgeon that the said applicant is not afflicted with any contagious or infectious disease, and a certificate signed by two reputable citizens living in the community in which the applicant now resides, or has recently resided, that he is of good moral character. Applicants for both a Master Barber license and an Apprentice Barber license must file a declaration of intent to become a citizen of the United States of America; and

4. Shall, upon the payment of the required fee, be granted permission to take an examination to determine his fitness to receive a certificate of registration to practice barbering.

(b) All persons who have passed the examination shall be entitled to receive a certificate thereafter annually upon the payment of a fee of ten dollars ($10.00). Persons who do not pay the annual renewal fee within thirty days from the due date shall be assessed an additional five dollars ($5.00).

Section 9. Amend §415, Subchapter 1, Chapter 4, Title 24, of the Delaware Code, by striking said §415 in its entirety.

Section 10. Amend paragraph (b), §416, Chapter 4, Title 24, of the Delaware Code, by striking the said paragraph, and substituting in lieu thereof a new paragraph (b) which shall read as follows:

"(b) Justices of the Peace shall have jurisdiction over all violators of the provisions of this Chapter."

Section 11. Amend §422, Subchapter II, Chapter 4, Title 24, of the Delaware Code, by striking the second paragraph therein, and substituting in lieu thereof the following paragraph:

"The proper place for the equipment will require at least fifty (50) square feet of floor space per chair."

Section 12. Amend Subsection (b), §423, Chapter 4, Title 24, of the Delaware Code, by striking the following paragraph in its entirety:

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

Section 13. Amend Subsection (a), §424, Chapter 4, Title 24, of the Delaware Code, by striking the last two sentences therein, and substituting in lieu thereof the following:

"A student shall be at least sixteen years of age in order to register in a barber school; provided, however, that students enrolled in the Public School Curriculum may begin in the September of their high school sophomore year. A student permit fee shall be ten dollars ($10.00)."

Section 14. Amend Subsection (d), §426, Chapter 4, Title 24, of the Delaware Code, by striking in its entirety the sentence which reads: "shaving mugs and brushes shall be thoroughly rinsed in boiling water before each separate use" and substitute in lieu thereof the sentence: "the use of electric latherizers shall be the only lather mechanism used."

Section 15. Amend §431, Chapter 4, Title 24, of the Delaware Code, by striking said Section 431 in its entirety.

Section 16. Amend §402, Chapter 4, Title 24, Delaware Code, by striking paragraph (a) in its entirety and substitute a new paragraph (a) to read as follows:

"(a) The Board of Examiners of Barbers is continued as the State Board of Examiners of Barbers to consists of 7 reputable barbers whose duty it shall be to carry out the purposes and enforce the provisions of this Chapter. The members of the Board shall be appointed by the Governor, who shall select them from 3 barbers residing in New Castle County, 1 of whom shall be selected from the barbers residing in the City of Wilmington, and 2 from the barbers residing in New Castle County outside of the City of Wilmington; 2 in Kent County and 2 in Sussex County. The term for which the members shall hold their office shall be for 3 years, unless sooner removed by the Governor."

Approved June 27, 1974.