CHAPTER 3
LICENSING AND ISSUANCE OF PERMITS
001 LICENSING OF NEW BARBER SHOPS OR CHANGE
OF LOCATION
001.01 Application. Before any person or persons may open a
new barber shop or change the location of an existing barber
shop, an application shall be made requesting an inspection and
approval of the premises.
001.02 Contents of Application. Each application is to be made
on a form provided by the Board and submitted with the fee set
pursuant to the Barber Act, and shall provide the following:
001.02A Barber shop name.
001.02B Barber shop address.
001.02C Barber shop owner.
001.02D Owner's notarized signature and Social Security
number.
001.02E Verification of incorporation if applicable.
001.02F Booth Rental Information.
001.02F1 Rental Agreement. If the applicant proposes to lease
any portion of the shop to any independent contractor or self-
employed person under a booth rental permit, applicant is to have
available for inspection the proposed rental agreement, which is
to:
001.02F1a contain notice defined in Nebr. Rev. Stat. 71-219.02
(2).
001.02F1b identify the respective responsibilities of the shop
owner and booth rental permit holder with regard to the booth
and any common areas or other shop premises available to the
booth rental permit holder consistent with the laws and rules and
regulations governing requirements for barber shops; and
001.02F1c require that a key to a rental booth that is an
enclosed suite be readily available to inspectors at any time
during business hours as defined in these regulations, whether or
not the permit holder is present or the booth is open for operation
during such hours.
001.02F2 Status of Barbers. Applicant shall identify all
barbers who will provide services in the shop as employees and
those who will operate in the shop under a booth rental permit.
Applicant shall provide proof of employment for all barber
employees and, upon request, shall make available for inspection
all rental agreements for those who will operate under booth
permits.
001.02G Description of the Premises. The application shall
describe the physical characteristics of the shop, including the
information set forth below. If any portion of the shop is to be
leased as a booth, the applicant shall identify those portions of
the shop to be leased and shall provide the physical
characteristics and other information required with respect to
each booth.
001.02G1 Room size.
001.02G2 Type of floor.
001.02G3 Type of wall
001.02G4 Type of ceiling.
001.02G5 Type of lighting.
001.02G6 Methods of ventilation.
001.02G7 Restroom facilities.
001.02G8 Other rooms available and their usages, if applicable.
001.02G9 Water supplies.
001.02G10 Waste disposal.
001.02G11 Hot water capacity/recovery rate.
001.02G12 Number of barber chairs.
001.02G13 Number of shampoo bowls.
001.02G14 Number and description of immersion sterilizers.
001.02G15 Trade names of germicidal solutions.
001.02G16 Proposed opening date.
001.02G17 Any other information the Board deems necessary.
002 BOOTH RENTAL PERMITS
002.01 Application Required. as defined in Neb. Rev. Stat. 71-
219.02.
002.02 Contents of Application. as defined in Neb. Rev. Stat.
71-219.02:
002.02A Days and hours of operation.
002.02B A description of where and/or with whom a key to the
booth is to be found and made readily available to the inspector.
003 LIMITATION ON LOCATION AND USE OF ROOMS
USED AS A BARBER SHOP.
003.01 A barber shop in a place where food is prepared and
served must be separated by a partition, ceiling height, of lath and
plaster, glass or other solid material. If a door is cut through, it
shall be hung with spring hinges or other self-closing appliances.
If confectionery is sold in a barber shop, it must be in sealed
packages.
003.02 No room or rooms licensed as a barber shop shall be used
as a sleeping room.
003.03 A barber shop shall be a fixed, permanent structure or a
part of one, except for a Mobile Barber Shop as defined in Neb.
Rev. Stat. 71-202.01.
003.04 In barber shop/cosmetology salons that occupy the same
location, the barber practical work area shall be visually distinct
from the other and shall be clearly identified as such to the public
by a sign.
003.05 A barber shop located in any private dwelling shall
permit patrons to enter the shop directly from a public
thoroughfare without passing through any other portion of the
building. The barber shop area shall be separated from the living
area by walls extending from floor to ceiling, except that there
may be one connecting door to the private dwelling which shall
be kept closed/locked while the shop is in actual operation, and
shall not be for use by the general public. Such door into the
private dwelling shall only be permitted where a toilet facility
exists in that portion of the private dwelling licensed as a barber
shop. Both the residence and the barber shop may be serviced by
the same electric, gas, water and sewer facilities.
003.06 An application for a barber shop in a private dwelling in
any village or city must be accompanied by a document from that
government body stating that the new owner has complied with
all laws, regulations and codes for that particular location.
(OVER)
004 FIXTURES REQUIRED (MINIMUM)
004.01 In general. The minimum fixtures required for every
barber shop are as follows:
004.01A Barber pole or barber sign.
004.01B Barber chair.
004.01C Back bar.
004.01D One shampoo bowl for every five stations.
004.01E Mirror.
004.01F Enclosure for clean towels and implements.
004.01G Containers for disposal of soiled towels and other waste
materials.
004.01H Hot water system.
004.01I Restroom facilities.
004.01J Immersion sterilizer.
004.01K Approved germicidal solution.
004.02 Rental booths
004.02A Enclosed Suites. Each booth rented by a barber shop
that is an enclosed suite shall contain the minimum fixtures of
004.01, except that:
004.02A1 One barber pole or barber sign is sufficient for the
shop as a whole.
004.02A2 Every suite is to contain at least one shampoo bowl.
004.02A3 Separate toilet facilities for each suite are not required,
provided that access is available to facilities as provided by
section 005.07 of these regulations.
004.02B Booths in Open Shops. When rental booths are not
enclosed suites, the minimum fixtures described in 004.01 shall
be available without obstruction.
005 PROPER QUARTERS
005.01 All fixtures and equipment, including those in the waiting
area, shall be kept in a clean, orderly and sanitary condition.
005.02 Sanitized tools and implements shall be stored separately
from all others.
005.03 Storage drawers for sanitized tools and implements shall
be clean, free of hair and used only for the sanitized tools and
implements.
005.04 All soiled tools and implements shall be deposited in a
separate receptacle. Nail care and waxing implements that come
into direct contact with a client and are not capable of being
sanitized in accordance with Rule 8 shall be disposed of in a
waste receptacle immediately after use. i.e., emery boards,
spatulas, wax and waxing strips.
005.05 Shampoo bowls located in common areas shall have
access without obstruction.
005.06 Each barber chair must be in good condition,
mechanically sound and with acceptable covering of a material
capable of being sanitized and free of tears. Barber chairs shall
be placed at least four and one-half feet apart, center to center,
and each chair must occupy not less than thirty-five square feet
of floor space.
005.07 A barber shop shall have toilet facilities which shall be
located on shop premises, except for a barber shop located in a
commercial building in which public toilet facilities are available
and reasonably accessible directly from the public thoroughfare.
All toilet facilities located on the shop premises shall be kept
clean, sanitary and in working order at all times. Toilet facilities
shall not be required in barber shops holding a valid barber shop
license March 25, 1989.
005.08 Floor surfaces in the work area of a shop shall be of
washable, non-absorbent material and shall be kept clean and in
good condition. Plastic floor mats or runners are required in
shops with carpeted floor covering in the work area, holding a
valid barber shop license prior to the effective date of this rule.
Wooden floors may be acceptable if they have a water-proof
finish.
005.09 Tanning areas, including tanning devices and equipment
located on the licensed premises, is to be maintained in a clean
and sanitary condition and operated in accordance with the
manufacturer's instructions. Owners' request the manufacturer
include in the purchasing agreement that their equipment,
materials and advertising are in compliance with FDA laws and
regulations. Tanning equipment shall be sanitized after each use,
a sanitary towel provided to each client, a receptacle available for
the disposal of all soiled towels and the client furnished with
protective eye wear.
006 INSPECTION
006.01 An inspection of the new barber shop shall be conducted
to determine compliance with sanitary requirements. The
inspector shall file a report of his inspection. No barber shop
license shall be issued until the shop has been inspected and
deemed satisfactory.
006.02 Every barber shop licensed by the Board is subject to
entry for inspection at least once during each licensing period, at
any time during business hours as defined in these regulations, to
be eligible for renewal of certification or registration.
006.02A Responsibilities of Shop and Booth Rental Permit
Holders. For purposes of inspection and compliance with laws
and regulations, when a barber shop leases booths for practice of
barbering by independent contractors or self-employed persons:
006.02A1 The shop owner is responsible for compliance with all
laws and regulations governing barber shops, except that the
holder of a booth rental permit shall meet all sanitary and
infection control requirements with respect to the premises
covered under the booth permit and for his or her use of the
premises consistent with the laws and regulations governing
barber shops;
006.02A2 It is the responsibility of both the shop owner and
permit holder to insure that a key to the booth is readily available
to inspectors at any time during business hours as defined in these
regulations, whether or not the permit holder is present or the
booth is open for operation during such hours.
007 CLOSING A SHOP
007.01 Shop owners closing their shop shall inform the Board
office within thirty (30) days of closure. If the same owner re-
opens the shop while the license is still current, the Board office
must be notified prior to the opening.
State of Nebraska. Board of Barber Examiners. Rules and Regulations 2018. Chapter
3 – Licensing and Issuance of Permits.