8.4 Salon Licensure, Inspection, and Facility Rules

A nail technician who plans to open a salon has to know how the salon itself becomes lawful. The state portion of the examination covers all of Chapter 7, the Cosmetology Law, and the civil-penalty schedule, not only the rules for individual licenses, so salon licensing and facility rules are fair game even for a first-year technician.

Who may operate a nail salon

Section 5 of the Cosmetology Law states that licensed nail technicians may operate a salon limited to that license. Section 2 makes it unlawful to use or maintain any place for the practice of nail technology for pay without a license. A limited practice salon is licensed for limited services only, so a nail technology salon may offer nail technology and no cosmetology or esthetics services. On the § 43b.5 schedule, maintaining an unlicensed shop is $500 for a first offense and formal action for a second.

The salon application

Under 49 Pa. Code § 7.51, the owner-applicant submits:

1. A sketch plan of the salon layout, showing doors, windows, partitions, shampoo basins, lavatories, adjustable chairs, and other floor equipment.
2. The name and license number of the designated person in charge in the owner's absence. In a nail technology salon, that person is a licensed cosmetologist or a licensed nail technician.
3. The salon license fee in § 7.2, $142 effective July 1, 2024.

The license is not issued until the Board verifies the owner's sworn statements and a Bureau inspector inspects the salon for compliance with the facility requirements. Section 6(c) of the act adds that no Board member may inspect, or be physically present during, the original inspection of a salon. Biennial renewal of a salon license is $144.

Moves, remodels, and new owners

A salon license is valid only for the location stated on it. Moving the chairs across town under the old license is unlicensed operation at the new address. The § 7.2 fees for a salon change are $105 when an inspection is required and $45 when it is not, and a reinspection is $91.

Facility rules beyond the equipment list

• Entrance (§ 7.75). A salon in a private home must let clients enter directly from the public thoroughfare without passing through any part of the home.
• No other purposes (§ 7.77). No part of the salon, including lavatories and laundry facilities, may be used for other purposes. Section 14 separately bars sleeping or residential use of a salon room.
• Sign (§ 7.78). A clearly visible sign at or near the main entrance tells the public it is a cosmetology salon or limited practice salon.
• Lavatories (§ 7.79). The salon must have adequate lavatories within its own square footage, not down the hall in another business.
• Postings. Section 4.4(b) requires the name of the owner or designated person in charge to be posted conspicuously, and Section 18.1 requires the customer-complaint notice near the entrance.

Equipment and floor-space minimums are covered in Section 8.1. The § 43b.5 schedule prices violations of §§ 7.71 through 7.79 at $50 for each violation for a first offense and $100 for each violation for a second.

Salon-wide health and safety rules

Sections 7.90 through 7.101 apply to every salon type. Several rules are easy to overlook:

• § 7.96: a licensee who uses a dye, tint, or other chemical follows the manufacturer's directions and the FDA instructions on or in the container.
• § 7.100: a client may not be left unattended during the heating or processing period of a chemical application.
• § 7.101: electrical appliances, including lamps, electric files, and paraffin baths, must be installed properly and grounded. The schedule lists $50 for a first offense and $250 for a second.
• § 7.97(b): a nonlicensed salon employee who gives shampoos must have a physician's certification of freedom from infectious, contagious, or communicable disease.

Civil rights and responsibility

Under § 7.66, no person may refuse, withhold, or deny salon services because of race, color, religious creed, ancestry, or national origin. Section 7.64(a) makes compliance with the Pennsylvania Human Relations Act a primary responsibility of the owner and the designated person in charge. Under § 7.64(b), either may be disciplined for an employee's violation if that person knew of, controlled, or should have known of or controlled the violation.

Smoking in the salon

The § 43b.5 schedule also enforces the Clean Indoor Air Act for salons and schools. Failing to post the required sign, permitting smoking in the salon, and a licensee smoking in the salon each carry $250 for a first offense, $500 for a second within 1 year, and $1,000 for a third or later offense within 1 year of the previous one.

Other businesses in the same space

Section 9.2 lets a licensed barber and a licensed cosmetologist work in the same shop without physical barriers. Section 9.3 lets a licensed massage therapist practice in a licensed cosmetology salon or esthetician salon as an owner or employee, not an independent contractor, with separate rooms with permanent walls and doors for massage beyond the scope of cosmetology or esthetics. Section 9.3 names cosmetology and esthetician salons only.

Scenario: the basement salon

A nail technician licenses a home salon. The only entrance runs through the family kitchen, the lavatory is upstairs in the residence, and the electric file plugs into an ungrounded adapter. Before inspection, the owner adds a direct outside entrance, a lavatory within the salon space, a grounded outlet, and a sign by the door. The sketch plan, the name and license number of the person in charge, and the $142 fee go with the application, and services begin only after the Bureau inspection and the issued license.