4 Colo. Code Regs. § 731-1.6

Current through Register Vol. 47, No. 22, November 25, 2024

Section 4 CCR 731-1.6 - REGISTRATION OF PLACES OF BUSINESS

This Rule clarifies the requirements for the registration of places of business as required in sections 12-105-104, 12-105-105, and 12-105-106, C.R.S.

A.REGISTRATION REQUIRED

1. Registration with the Director is required of all owners of a place of business where one or more persons engage in the practice of barbering, cosmetology, hairstyling, or practice as a nail technician or an esthetician. Private Occupational Barber, Beauty and Cosmetology Schools or Community or Technical Colleges where licensed services are offered to the public must also register with the Director.

2. Businesses required to register include permanent, temporary (interim, irregular, seasonal), and fixed locations as well as mobile facilities. Registration is required when services are provided in a licensee's residence.

3. Registration is not required of a licensee providing services exclusively within a client's residence or place of work. Registration is not required of a licensee renting space within a place of business registered by the owner. Only one registration is required for a place of business that includes within its premises one or more licensees operating in individual booths, or other form of separate rented spaces, so long as all of services in the booths or spaces are provided to the public as a single salon or business.

4. When the public goes through separate exterior entrances to gain access to an area in which a licensee is providing services, such areas are considered separate places of business for which registration is required.

5. Businesses providing barbering, esthetic, cosmetology, hairstyling, or manicuring services without a registration shall be deemed a violation of the Act and may be subject to disciplinary action and/or other penalties as authorized in sections 12-105-112(3) and 12-105-125, C.R.S.

B.REGISTRATION REQUIREMENTS

1. The owner of a place of business must register by filing an application containing information as prescribed by the Director and submitting payment of an application fee established by the Director.

C.REPORTING REQUIREMENTS

1. Registrants (business owners) must submit a written notice to the Director within thirty days of the effective date of a change in any information submitted on the application for registration.

2. When a place of business closes, the registrant must submit a written notice to the Director within thirty days of the closure of the business.

3. Registrants must notify the Director in writing within forty-five days of a felony conviction, disciplinary action imposed by another jurisdiction, or a judgement or settlement of a civil action related to the business owners place of business in the manner set forth in Rule 1.5 of these rules.

D.REGISTRATION RENEWAL AND REINSTATEMENT REQUIREMENTS

1. The Director may send electronic notices for renewal of registrations to the registrant's email address of record. Failure to receive renewal notices does not relieve registrants of the obligation to pay the renewal fee and submit appropriate documentation in support of the renewal application. Failing to renew a registration will cause it to expire and will result in the registrant having to complete a reinstatement application.

2. A registrant seeking reinstatement of an expired registration must complete a reinstatement application and pay all applicable fees.

E.GENERAL REQUIREMENTS FOR REGISTERED BUSINESSES OWNERS

1. It is the responsibility of the registrant to ensure that:

a. All work areas in a place of business are kept clean and free from accumulated hair, products, chemicals, dust, and other service debris.

b. All persons providing services in the shop hold active/valid Colorado licenses to practice barbering, cosmetology, esthetics, nail or hairstyling services;

c. Licensees do not attempt to perform any service outside the scope of the licensee's practice listed under section 12-105-104, C.R.S.;

d. The business is not in possession or storing of any item, product, device, tool, etc., deemed outside a licensee's scope of practice. Possession or storage of any item shall be considered prima facie evidence of use; and,

e. Licensees do not use any product, device, tool, or supply that has been banned, deemed to be poisonous, unsafe for use in the barbering and cosmetology industry, or is not approved by local, state or federal governmental agencies responsible for making such determinations. Possession or storage of such item shall be considered prima facie evidence of use.

2. The licenses and the registration for places of business must be conspicuously displayed, as defined herein, on site.

3. All registrants must ensure licensees providing services within the place of business comply with health, safety, and infection control and prevention requirements set forth in these rules.

4. All registrants must have a first aid kit on the premises available for use that contains, at a minimum, bandages, gauze, and antiseptic.

5. A licensed barber, esthetician, cosmetologist, hairstylist, or nail technician is prohibited from providing services at a place of business that is not registered.

4 CCR 731-1.6

41 CR 02, January 25, 2018, effective 2/14/2018

42 CR 10, May 25, 2019, effective 6/14/2019

43 CR 22, November 25, 2020, effective 12/15/2020

44 CR 09, May 10, 2021, effective 5/30/2021

45 CR 17, September 10, 2022, effective 8/15/2022

45 CR 16, August 25, 2022, effective 9/14/2022

45 CR 21, November 10, 2022, effective 11/30/2022