Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 25 - FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIESSubtitle 25-E - BARBERING, COSMETOLOGY, AND PERSONAL GROOMING FACILITY REGULATIONS
Chapter 25-E1 - TITLE, INTENT, AND SCOPE
Rule 25-E102 - COMPLIANCE WITH FEDERAL AND DISTRICT LAWS [(Critical Section)]

D.C. Mun. Regs. tit. 25, r. 25-E102

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Current through Register Vol. 71, No. 49, December 6, 2024
Rule 25-E102 - COMPLIANCE WITH FEDERAL AND DISTRICT LAWS [(Critical Section)]
102.1

The following District and federal laws and regulations shall apply to barber, cosmetology, and personal grooming facilities:2

(a) 29 C.F.R. Part 1910 (Occupational Safety and Health Standard, Subpart Z - Toxic and Hazardous Substances);
(b)29 C.F.R. § 1910.1030(d) - Bloodborne Pathogen Standard;
(c)29 C.F.R. § 1910.134 (Occupational Safety and Health Administration's Respiratory Protection Standard);
(d) The Centers for Disease Control and Prevention - Hand Washing Guidelines, updated January 27, 20163;
(e) DCRA Board of Barber and Cosmetology Regulations - 17 DCMR Chapter 37;
(f) 2009 ICC/ANSI 1117.1 - Accessible and Usable Building Facilities; and
(g) Most recent versions of the District of Columbia Construction Codes and the District of Columbia Construction Code Supplements in Title 12 of the District of Columbia Municipal Regulations (DCMR) which consist of the 2015 International Code Council (ICC) family of model codes, the 2014 National Electrical Code and 2013 ASHRAE 90.1, as amended by the District of Columbia Municipal Regulations (DCMR) Title 12, Subtitles A through M, specifically: 4
(1) 2015 Edition of the International Building Code (IBE) published by the International Code Council (ICC) with the District of Columbia Building Code Supplement (Title 12-A DCMR);
(2) 2015 Edition of the International Mechanical Code (IMC) published by the International Code Council (ICC) with the District of Columbia Mechanical Code Supplement (Title 12-E DCMR);
(3) 2015 Edition of the International Plumbing Code (IP) published by the International Code Council (ICC) with the District of Columbia Plumbing Code Supplement (Title 12-F DCMR);
(4) 2015 Edition of the International Fire Code (IFC) published by the International Code Council (ICC) with the District of Columbia Fire Code Supplement (Title 12-H DCMR); and
(5) 2014 Edition of the National Electric Code (NFPA 70) published by the International Code Council (ICC) with the District of Columbia Electrical Code Supplement (Title 12-C DCMR).
102.2

If a conflict arises between a provision in this Subtitle and a federal law or regulation cited in § 102.1 above, the federal law or regulation shall take precedence over this Subtitle. However, where there is a conflict between provisions in this Subtitle, the International Codes or their referenced standards, or the District's Construction Codes Supplements, the District's Construction Codes Supplements, including standards and amendments, shall take precedence.

102.3

In enforcing the provisions of this Subtitle, the Department shall regulate certain aspects of a barber, cosmetology, and personal grooming facility's physical structure, operating systems, equipment, devices, fixtures, supplies, or furnishings in use before the effective date of this Subtitle based on the following considerations:

(a) Whether the physical structure; operating systems, equipment, devices, fixtures, supplies, or furnishings used in a barber, cosmetology, or personal grooming facility are in good repair or capable of being maintained in a hygienic condition in compliance with this Subtitle; or
(b) The existence of a documented agreement with the licensee that the physical structure; operating systems, equipment, devices, fixtures, supplies, or furnishings will be replaced by an agreed upon date.

D.C. Mun. Regs. tit. 25, r. 25-E102

Final Rulemaking published at 68 DCR 13026 (12/10/2021)