16 Del. Admin. Code § 4453-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4453-1.0 - General Provisions

1.1 Preamble

The Secretary, Delaware Health and Social Services (DHSS), adopts these Regulations pursuant to the authority vested by 16 Del.C. § 122(3)(v). These Regulations establish sanitation requirements for the practice of cosmetology, barbering, aesthetics, electrology, and nail technology and in the operation of beauty salons, schools of cosmetology, schools of electrology, schools of nail technology and schools of barbering. These Regulations also provide for the investigation of complaints involving unsanitary or unsafe practices or conditions in such professions or facilities.

1.2 Purpose

These Regulations shall be construed and applied to promote their underlying purpose of protecting the public health. They establish minimum Regulations for public health assurance in the practice of aesthetiology, cosmetology, barbering, electrology, and nail technology. Individuals, schools and businesses engaged in a profession licensed by the Board of Cosmetology and Barbering (Board) are encouraged to employ more stringent requirements.

1.3 Facilities - Existing and New

1.3.1 Facilities that are lawfully in existence and operating at the time of adoption of these Regulations shall be permitted to have their use and maintenance continued if the use, maintenance or repair of the physical facility and structure is in accordance with the original design and no hazard to life or health is created by the existing facility.

1.3.2 New or remodeled facilities shall, before commencing work, submit an application and plans, as required, by and to the Department of Administrative Services, Division of Professional Regulation. All construction and renovation shall comply with any and all applicable local, state or federal laws and Regulations.

1.4 Variance

1.4.1 A licensee may seek a variance from these Regulations by making a request for a variance to DHSS. DHSS may grant a variance by modifying or waiving the requirements of these Regulations if in the opinion of DHSS a health hazard or nuisance will not result from the variance.

1.4.2 A variance shall not be transferable from person to person, nor from location to location.

1.4.3 If a variance is granted, DHSS shall retain the information specified below in its records for the facility:

1.4.3.1 Statement of the proposed variance of the requirements of these Regulations, citing the relevant Section of these Regulations;

1.4.3.2 An analysis of the rationale for how the potential public health hazards or nuisances will be alternatively addressed by the proposal; and

1.4.3.3 Any other information requested by DHSS that may be deemed necessary to render judgment.

1.4.4 A variance, if granted, is rendered void upon occurrence of one or more of the following: the physical facility is demolished; a remodeling project in the facility includes area(s) addressed in the variance; or the license or certificate holder granted the variance ceases to operate the facility for a period exceeding thirty (30) consecutive days.

1.5 Severability. If any provision or application of any provision of these Regulations is held invalid, that invalidity shall not affect other provisions or applications, which can be given effect without the invalid provision.

1.6 Effective Date. These Regulations are effective on April 11, 2018.

16 Del. Admin. Code § 4453-1.0

18 DE Reg. 865(5/1/2015)
21 DE Reg. 807( 4/1/2018) (Final)