D.C. Mun. Regs. tit. 25, r. 25-E999
The terms and phrases used in this title shall have the meanings set forth in this Chapter, unless the text or context of a particular chapter, section, subsection, or paragraph provides otherwise.
DEFINITIONS
Aesthetician - a person who practices the cleansing, stimulating, manipulating and beautifying of skin, with hands or mechanical or electrical apparatuses or appliances and gives treatments to keep skin healthy and attractive.
Alkaline glutaraldehyde - Glutaraldehyde-based agents are used to disinfect medical equipment that cannot be subjected to steam sterilization, specifically heat-sensitive, lensed devices typically requiring high-level disinfection between patient uses.
ANSI - American National Standards Institute
ASME - American Society of Mechanical Engineers
Autoclave - Pressurized, steam-heated vessel that sterilizes with high pressure and heat or pressurized steam preventing microorganisms from surviving.
Backpressure - occurs when the downstream water pressure is greater than the water supply pressure.
Back siphonage - the flowing back of used, contaminated, or polluted water from a plumbing fixture or vessel into a potable water supply because of negative pressure in the pipe.
Barber - any person who shaves, shapes or trims the beard; cuts, singes, or dyes the hair or applies lotions thereto; applies, treats or massages the face, neck or scalp with oils, creams, lotions, cosmetics, antiseptics, powders, clays or other preparations in connection with shaving, cutting or trimming the hair or beard, and practices barbering for compensation and when such services are not performed for the treatment of disease, as defined in DCRA Board of Barber and Cosmetology Regulations.
Barbering - any one of any combination of the following practices when done upon the head and neck for cosmetic purposes only, and when done for payment either directly or indirectly, or without payment for the public generally constitutes the practice of barbering within the meaning of this chapter. Barbering includes shaving and/or trimming the beard, cutting the hair of any person of either sex for compensation or other consideration, received by the person performing the service, as well as giving facial and scalp massage or treatments with oils creams, lotions, or other preparations either by hand or mechanical appliances; singeing, shampooing, or applying tonics to the hair; or applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions, to the scalp, face, or neck. Barbering shall not include manicuring, electrology, braiding, or weaving of hair, as defined in DCRA Board of Barber and Cosmetology Regulations.
Barber School - any facility licensed to teach the art of barbering, as defined in DCRA Board of Barber and Cosmetology Regulations.
Barbershop - any building or portion of a building, station, or mobile unit in which any person is engaged in the practice of barbering, this term includes barber schools, as defined in DCRA Board of Barber and Cosmetology Regulations.
Beauty School - any facility licensed to teach the art of barbering or cosmetology, as defined in DCRA Board of Barber and Cosmetology Regulations.
Bloodborne pathogens - the presence of microorganisms in human blood and other bodily fluids that can cause disease. Bloodborne pathogens include the hepatitis B virus, hepatitis C virus, and human immunodeficiency syndrome.
Board - DCRA Board of Barber and Cosmetology.
Body wax treatment - to remove facial or body hair by covering the skin with a layer of wax that is peeled off after hardening, uprooting the encased hairs.
Braider - any licensed person who engages in the practice of forming human and synthetic hair into braids or other natural hairstyles without using chemicals, as defined in DCRA Board of Barber and Cosmetology Regulations.
Chemical - a product used in the salon for the provision of salon services and/or cleaning or disinfection. This includes, but is not limited to, polishes, glues, liquid monomers, acrylic powders, cleaners, disinfectants, sanitizers, alcohol, acetone, lacquer, nail polish remover, acrylic primer, nail hardener, cosmetics, and lotions.
Civil Infractions Act - the Department of Consumer & Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01et seq.).
Clean - to wash with water and liquid soap, detergent, antiseptic, or other adequate means to remove all visible debris or residue.
Cleaning area - the area in a barber, cosmetology, or personal grooming facility used in the decontamination, sterilization, sanitization or other cleaning of instruments or other equipment used in cosmetic procedures.
Cleaning products - any material used to apply cleansing agents to the skin, such as cotton balls, tissue and paper products, paper or plastic cups, disposable paper towels, gauze, or sanitary coverings.
Client - a customer, patron or other individual who receives or will receive salon services.
Communicable disease - a disease that can be transmitted from person to person directly or indirectly, including diseases transmitted via blood or body fluids.
Condemnation order - a written administrative notice:
Contaminated - the presence or reasonably anticipated presence of blood, infectious materials or other types of impure materials that have corrupted a surface or item through contact.
Contaminated waste - any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps and pathological and microbiological wastes containing blood and other potentially infectious materials, as defined in 29 C.F.R. § 1910.1030, known as "Occupational Exposure to Bloodborne Pathogens".
Cosmetic Procedures - cosmetic plastic surgery includes surgical and nonsurgical procedures that enhance and reshape structures of the body to improve appearance and confidence.
Cosmetologist - a licensed person, whether as an owner, person-in-charge, operator, instructor, demonstrator, manicurist, or student, who engages in hair styling or the cosmetic arts, such as hair styling and skin care, and any other practice of cosmetology, including the practice of esthetics and other specialty cosmetology practices regulated by the Board, but does not include shaving or trimming the beard or moustache of an individual or engaging in the practice of master-level esthetics without obtaining the applicable license, as defined in DCRA Board of Barber and Cosmetology Regulations.
Cosmetology - includes any or all work done for compensation by any person, which work is generally and usually performed by cosmetologists, which work is for the embellishment, cleanliness and beautification of the human hair, such as arranging, braiding, dressing, curling, waving, permanent waving, cleansing, cutting, singeing, bleaching, coloring, pressing, or similar work thereon and thereabout, and the removal of superfluous hair, and the massaging, cleansing, stimulating, manipulating, exercising, or similar work upon the scalp, face, arms or hands, or the upper part of the body, by the use of mechanical or electrical apparatus or appliances or cosmetics, preparations, tonics, antiseptics, creams or lotions, or by any other means, and of manicuring the nails, which enumerated practices shall be inclusive of the term cosmetology but not in limitation thereof. The term also includes the acts comprising the practice of nail technology, natural hair braiding and esthetics.
DCRA - the District of Columbia Department of Consumer and Regulatory Affairs.
DCRA Board of Barber and Cosmetology Regulations - 17 DCMR Chapter 37.
Decontamination - the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where the pathogens are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.
Decontamination and sterilization area - a room, or specific section of a room, that is set apart and used only to maintain supplies, and to clean, decontaminate and sterilize instruments.
Department - District of Columbia Department of Health or DC Health.
Disinfectant - a chemical or physical agent used in the disinfection process. The following categories of chemicals and/or processes qualify as disinfectants under this definition:
However, ultraviolet light boxes are not an effective means of disinfection and may not be present in any salon.
Disinfection - a process that prevents infection by killing microorganisms on metal implements and non-porous surfaces using one or more of the defined disinfectants. Porous materials (pumice stones, sponges, wooden tools, etc.) may not be disinfected for reuse because they cannot be effectively cleaned and disinfected using chemical agents.
DOEE - the District of Columbia Department of Energy and the Environment.
DOES - the District of Columbia Department of Employment Services.
Dry Heat Sterilizer - an apparatus for sterilization utilizing dry heat listed with the United States Food and Drug Administration. This method should be used only for materials that might be damaged by moist heat. The advantages for dry heat include the following: it is nontoxic and does not harm the environment; a dry heat cabinet is easy to install and has relatively low operating costs; it penetrates materials; and it is noncorrosive for metal and sharp instruments. The slow rate of heat penetration and microbial killing makes this a time-consuming method, and the high temperatures may not be suitable for some materials. The most common time-temperature relationships for sterilization with hot air sterilizers are 170o C (340o F) for 60 minutes, 160o C (320o F) for 120 minutes, and 150o C (300o F) for 150 minutes.
Electrologist - any licensed person who engages in the practice of permanently removing unwanted hair with an electric current or short wave alternating current, or a combination thereof, as defined in DCRA Board of Barber and Cosmetology Regulations (17 DCMR Chapter 37).
Electrology - as defined in DCRA Board of Barber and Cosmetology Regulations.
Embargo order - a written administrative notice prohibiting the use, sell or removal of cosmetic equipment or supplies without written approval from the Department.
Endodontic - an endodontic dry heat sterilizer is a device intended to sterilize endodontic and other dental instruments by the application of dry heat. The heat is supplied through glass beads which have been heated by electricity.
EPA - the United States Environmental Protection Agency.
EPA-registered disinfectant - an antimicrobial pesticide regulated by EPA to destroy or suppress the growth of microorganisms on inanimate objects and surfaces. If a product claims to disinfect or sanitize microbes on a surface or object, it must have an EPA Registration Number and Establishment Number in accordance with 29 C.F.R. § 1910.1030 for all combs, brushes, metallic instruments with a cutting edge, and implements that have come into contact with blood or body fluids.
Epilator - an electrical device used to remove hair by mechanically grasping multiple hairs simultaneously and pulling them out.
Esthetician - any licensed person who engages in the practice of applying creams, lotions, scrubs, polishes, waxes, cosmetics, eyelashes, and other beauty treatments directly onto the skin to bring about a temporary improvement in appearance, including superficial peels and microdermabrasion; and who may remove superfluous hair from the face and neck area of any person by the use of depilatories, waxing or tweezers, but does not include barbering or the branches of cosmetology of cosmetologist, braider, electrologist, or manicurist, as defined in DCRA Board of Barber and Cosmetology Regulations.
Esthetics - includes, but is not limited to, the following practices of administering cosmetic treatments to enhance or improve the appearance of the skin: cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating, or performing any other similar procedure on the skin of the human body or scalp by means of cosmetic preparations, treatments, or any non-laser device, whether by electrical, mechanical, or manual means, for care of the skin; applying make-up or eyelashes to any person, tinting or perming eyelashes and eyebrows, and lightening hair on the body except the scalp; and removing unwanted hair from the body of any person by the use of any non-laser device, by tweezing, or by use of chemical or mechanical means.
Esthetician operator - a person who engages in the practice of basic esthetics for compensation, as defined in DCRA Board of Barber and Cosmetology Regulations.
Esthetics instructor - means a licensed master esthetician that has completed an approved instructor license curriculum and who meets the competency standards of the Board as an instructor of esthetics, as defined in DCRA Board of Barber and Cosmetology Regulations.
Exposure - an event whereby the eye, mouth or other mucous membrane, nonintact skin or parenteral contact with the blood or bodily fluids of another person, or contact of an eye, mouth or other mucous membrane, non-intact skin or parenteral contact with other potentially infectious matter.
Facility - any structure, venue, or mobile unit, whether temporary or permanent, where barbering, cosmetology, or personal grooming is practiced and which is under the control of a licensee or used by a licensee independent of a licensed shop or salon, or under the control of a licensee or used by a licensee directly, or indirectly in connection with a licensed shop or salon. Barber, cosmetology, and personal grooming facilities do not provide spa treatments or services such as therapeutic massage, sports massage, aerobics, water-based relaxation therapies conducted in a basin, tub or pool, mineral baths, hot springs, steam rooms, or physical therapy.
Food and Drug Administration (FDA) - an agency within the U.S. Department of Health and Human Services with several missions, including protecting the public health by ensuring the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices; and by ensuring the safety of our nation's food supply, cosmetics, and products that emit radiation.
Food and Drug Administration (FDA-approved) antiseptic solution or ointments - Antimicrobial manicure and pedicure products that have been tested and deemed safe for use on consumers and are regulated by the FDA to reduce the number of microorganisms present on the skin.
Food and Drug Administration (FDA-approved) Instruments - sharps, such as, needles, needle bars, needle tubes, hemostats, forceps, pliers, and other items that may come in contact with a customer's body or possible exposure to bodily fluids during barbering, cosmetology, or personal grooming procedures.
Foot Bath - any basin (self-contained unit or connected to the nail salon's plumbing) that holds water, circulating or not, for the purposes of soaking the client's foot.
Germicidal soap - an agent designed for use on the skin that kills diseasecausing microorganisms, including but not limited to, products containing povidone-iodine, chloroxylenol, triclosan, and chlorhexidine gluconate.
Germicidal solution - an agent that kills disease-causing microorganisms on hard surfaces; a disinfectant or sanitizer registered with the Environmental Protection Agency and/or a 1:100 dilution of 5.25% sodium hypochlorite (household chlorine bleach) and water, made fresh daily, dispensed from a spray bottle, and used to decontaminate inanimate objects and surfaces.
Gloves - a covering for the hand worn for protection against cold or dirt and typically having separate parts for each finger and the thumb.
Hand sink - a lavatory equipped with hot and cold running water, under pressure and used solely for washing hands, arms or other portions of the body.
Implement - an instrument or tool, either disposable or reusable, used to provide nail salon services.
Infection control - the process for reducing the risk of spreading disease causing pathogens.
Infection Prevention Exposure Control Plan - a written action plan that specifies precautionary measures taken to manage and minimize potential exposure to bloodborne pathogens in the workplace.
Instructor - any person who is authorized to teach barbering, cosmetology, or any specialty cosmetology operator as a profession, as defined in DCRA Board of Barber and Cosmetology Regulations.
Licensee - an individual who owns, controls, or operates a barber, cosmetology, or personal grooming facility, including barber shops, beauty shops, and braid shops), whether or not the person actually performs any procedures.
Manicuring Station - the workstation where a manicurist performs salon services on individual clients, including such devices, chairs, tables, counters, and other equipment as may be necessary to provide such services.
Manicurist or Nail Technician - any person providing salon services upon the person of another, with or without monetary compensation. Any licensed person who engages in the practice of applying creams, lotions, scrubs, and polishes, and waxes to cosmetically treat the hands and feet as well as trimming, shaping, enhancing, and decorating the fingernails and toenails, as defined in DCRA Board of Barber and Cosmetology Regulations.
Medical-grade sharps container - a puncture-resistant, leak-proof, rigid container that can be closed for handling, storage, transportation, and disposal and is labeled with the International Biohazard Symbol:
Mucosal surface - the moisture-secreting membrane lining of all body cavities or passages that communicates with the exterior, including but not limited to the nose, mouth, vagina, and urethra.
Multi-Use Tool - an item constructed of hard materials with smooth non-porous surfaces such as metal, glass, or plastic that can be effectively cleaned and disinfected for used on more than one client. The term includes but is not limited to such items as clippers, scissors, combs, nippers, manicure bowls, and some nail files.
Nail Salon - any facility, room, group of rooms, place of business, or premises licensed by the DC Board of Barber and Cosmetology, where salon services are performed on the person of another, with or without monetary compensation.
Nail technology - the practice of manicuring the nails of an individual, applying artificial or sculptured nails to an individual, massaging the hands of an individual or massaging the lower arms of an individual up to the individual's elbow, massaging the feet of an individual or the lower legs of an individual up to the individual's knee, or a combination of these acts.
National Institute for Occupational Safety and Health (NIOSH) - a research agency and part of the U.S. Centers for Disease Control and Prevention, in the U.S. Department of Health and Human Services.
National Science Foundation (NSF) - an independent federal agency created by Congress "to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense...."
Occupational Safety & Health Administration (OSHA) - the part of the United States Department of Labor created by Congress to assure safe and healthful working conditions for working persons by setting and enforcing standards and by providing training, outreach, education and assistance.
Paraffin Treatment - a treatment for the symptoms of joint and muscle conditions, such as arthritis, that involves applying melted mineral wax derived from petroleum to a body area.
Pedicure equipment - any equipment that holds water, including sinks, bowls, basins, pipe-less spas, and whirlpool spas.
Pedicure - includes any of the following:
Permanent wall - a vertical continuous structure of wood, plaster, masonry, or other similar building material, which is physically connected to the floor and ceiling of a barber, cosmetology, and personal grooming facility, to separate and protect the facility.
Person-in-Charge - a person who ensures all services provided within the facility comply with this Subtitle. .
Personal grooming facilities - a room, booth, partitioned section, enclosure where body waxing can be performed, providing sufficient privacy for customers to don and doff their drapes or garments without being viewed by other customers, employees, or the public by any means, including electronic means or mirrors, and have locks or other means that allow for easy entry and /or exit by the customer.
Pre-sterilized instruments - instruments that are commercially sterilized and packaged by the manufacturer and bear a legible sterilization lot number and expiration date.
Procedure or procedural area - a room or designated portion of a room that is set apart and only used to perform barbering, cosmetology, or personal grooming.
Procedure site - an area or location on the human body selected for the barbering, cosmetology, or personal grooming procedure.
Respirators - properly fitted N-95, N-99, or N-100 respirator approved by the National Institute for Occupational Safety and Health, for each individual who uses the workstation.
Safety Data Sheet (SDS) - a document that is supplied by the product manufacturer which explains the risks, precautions, and response actions related to exposure to a particular product or chemical used as an ingredient in a product. The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, or importers to provide Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets or MSDSs) to communicate the hazards of hazardous chemical products.
Salon - a facility, shop, space, or mobile unit in which cosmetology, barbering, esthetics, electrology, manicuring, or braiding is practiced, as defined in DCRA Board of Barber and Cosmetology Regulations.
Salon Service - any practice carried out in a salon that includes, but is not limited to cutting, shaping, polishing, or otherwise enhancing the appearance of the nails of the hands or feet, manicuring, pedicuring, callus removal and other skin treatment, waxing, eyelash extension, and eyebrow threading.
Sanitary - clean and free of agents of infection or disease.
Sanitization - reduction of the population of microorganisms to safe levels, as determined by the Department of Health, by a product registered with the EPA or by chemical germicides that are registered with the EPA as hospital disinfectants.
Sanitized - effective bactericidal treatment by a process that provides sufficient concentration of chemicals for enough time to reduce the bacteria count including pathogens to a safe level on instruments, equipment, and animate objects.
Sharps - any sterile or contaminated object that penetrates the skin or mucosa, including but not limited to pre-sterilized disposable, single-use razor blades; but not including disposable safety razors which have not broken the skin.
Single Use Tool or Material - a non-metal and/or porous item that is made or constructed of foam, cloth, wood, sponge, pumice stone, or other absorbent or porous gloves materials having rough surfaces which cannot be effectively cleaned and disinfected. Single use items include, but are not limited to, gloves, flip flops, toe separators, pumice stones, non-metal nail files, non-metal emery boards, buffers, buffing discs on electric files, wood and/or non-metal cuticle pushers, wooden wax applicator sticks, cotton balls, or tissues paper.
Sodium Hypochlorite (Household Bleach) - a crystalline chemical compound with the formula NaClO commonly known as "liquid bleach" when dissolved in water, is used as a disinfectant or bleaching agent.
Source Capture System - a mechanical air filtration and recirculation system, and exhaust system designed and constructed to capture air contaminants at their source and to exhaust such contaminants to the outdoor atmosphere shall be:
Spa Treatments - services performed outside of the scope of licensure under this chapter that may require separate business or professional licensure under existing D.C. Official Code sections and other Titles of the District of Columbia Municipal Regulations. Such services include but are not limited to therapeutic massage; sports massage; aerobics; water-based relaxation therapies conducted in a basin, tub, or pool; mineral baths; hot springs; steam rooms; and physical therapy, as defined in DCRA Board of Barber and Cosmetology Regulations.
Spores - a spore is a cell that certain fungi, plants (moss, ferns), and bacteria produce. Certain bacteria make spores to defend themselves. Spores have thick walls. They can resist high temperatures, humidity, and other environmental conditions.
Steam mixing valve - is a valve that blends hot water with cold water to ensure constant, safe shower and bath outlet temperatures, preventing scalding.
Sterilization - process of destruction of all forms of microbial life, including spores by physical or chemical means. Sterilization is accomplished by using an FDA-cleared device that employs heat or chemical action to destroy all potentially dangerous organisms.
Sterilize - the complete destruction of all microbial life, commonly achieved using heat and/or pressure.
Sterilizer - an autoclave that is designed and labeled by the manufacturer as a medical instrument sterilizer and is used for the destruction of microorganisms and their spores.
Universal Precautions - a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC) as "guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers" in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as "recommendations for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures," in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV and other blood pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
Valid license or certification - a current facility license or professional certification issued by the Mayor that is not suspended, revoked, or expired.
Wax technician - any person licensed by the Board who removes hair from the hair follicle using a physical (wax) depilatory or by tweezing.
Wax technician instructor - a licensed wax technician who has been certified by the Board as having completed an approved curriculum and who meets the competency standards of the Board as an instructor of waxing.
Waxing - the temporary removal of superfluous hair from the hair follicle on any area of the human body using a physical (wax) depilatory or by tweezing.
Wet disinfection container - a tub or jar with a lid, filled with disinfectant and large enough for all items to be completely immersed.
Workstation - an area where a barber, cosmetologist, or personal groomer area provides services. The workstation includes but is not limited to the customer's chair or table, counter, mayo stand, instrument tray, storage drawer, and the barber, cosmetologist, or personal groomer's chair.
D.C. Mun. Regs. tit. 25, r. 25-E999