Rules and Regulations as to Sanitary Requirements; Instruction on Hiv and Aids; Inspections; Unsanitary Condition as Nuisance

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Barbers and Cosmetologists
  5. Rules and Regulations as to Sanitary Requirements; Instruction on Hiv and Aids; Inspections; Unsanitary Condition as Nuisance

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  1. The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, barber shops, schools of cosmetology, schools of esthetics, schools of hair design, schools of nail care, and schools of barbering and to cause the rules and regulations or any subsequent revisions to be in suitable form; provided, however, that nothing in this chapter shall prevent a county or municipal corporation from adopting ordinances, rules, or regulations governing a business or occupational tax license or certificate; health or facility regulations; zoning; local licensing; or the operation of such shops, salons, or schools in addition to any requirements that may be imposed on such shops, salons, or schools under this chapter or by the board. The board shall make its rules and regulations available to the proprietor of each beauty shop, beauty salon, barber shop, school of cosmetology, school of esthetics, school of hair design, school of nail care, and school of barbering. It shall be the duty of every proprietor or person operating a beauty shop, beauty salon, barber shop, school of cosmetology, school of esthetics, school of hair design, school of nail care, and school of barbering in this state to keep a copy of such rules and regulations posted in a conspicuous place in such business, so as to be easily read by customers thereof. Posting such rules and regulations by electronic means shall be allowed.
  2. The board is authorized to adopt reasonable rules and regulations requiring that individuals issued licenses under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome.
  3. Any investigator or inspector employed by the Secretary of State shall have the power to enter and make reasonable examination of any beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering in the state during business hours; during hours advertised by a shop, salon, or school as being open; and during hours a shop, salon, or school is open as indicated by the presence of patrons for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof.
  4. Any beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, and school of barbering in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance.

(Ga. L. 1963, p. 45, § 5; Ga. L. 1967, p. 727, § 1; Ga. L. 1979, p. 1327, § 3; Ga. L. 1980, p. 1420, §§ 2, 3; Ga. L. 1985, p. 1057, § 4; Ga. L. 2000, p. 814, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2006, p. 904, § 3/SB 145; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2010, p. 266, § 19/SB 195; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2015, p. 1287, § 2/HB 314; Ga. L. 2018, p. 996, § 4/SB 461.)

The 2015 amendment, effective July 1, 2015, inserted "barber shop", "barber shops", "and schools of barbering" and "and school of barbering" and made related punctuation changes throughout this Code section; in subsection (a), deleted "and" following "hair design," near the middle of the first and next-to-last sentences, in the next-to-last sentence, inserted "beauty" preceding "salon" and substituted "such business, so as to be easily read by customers thereof" for "his or her business, so as to be easily read by his or her customers", and added the last sentence; substituted "individuals issued certificates of registration" for "persons licensed" in subsection (b); and, in subsections (c) and (d), inserted "beauty" preceding "salon" and inserted "of cosmetology, school of hair design, school of esthetics, school of nail care, and school of barbering".

The 2018 amendment, effective July 1, 2018, in subsection (a), in the first sentence, deleted "subject to the approval of the Department of Public Health," following "schools of barbering", in the middle and added the proviso at the end, and, in the second sentence, substituted "make its" for "make the" near the beginning; substituted "licenses" for "certificates of registration" in the middle of subsection (b); in subsection (c), inserted "investigator or" near the beginning, deleted "or" following "barber shop," near the middle, substituted "nail care, or" for "nail care, and" in the middle, and inserted "; during hours advertised by a shop, salon, or school as being open; and during hours a shop, salon, or school is open as indicated by the presence of patrons" near the end; and substituted "barber shop, school" for "barber shop or school" near the beginning of subsection (d).

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

Administrative Rules and Regulations.

- Sanitation and health, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia State Board of Cosmetology, Chapter 130-5.

OPINIONS OF THE ATTORNEY GENERAL

Inspectors do not have right to inspect tuition-free technical and vocational school operated as part of the state's public school system under either the State Board of Education or a local board of education for purpose of reporting to the board any violation of such rules and regulations concerning sanitary conditions. 1963-65 Op. Att'y Gen. p. 289.

Board may not set minimum standards of sanitation and courses of study in technical and vocational schools.

- Board, not having jurisdiction over the public school system of the State of Georgia, is without authority to set minimum standards of sanitation and courses of study in tuition-free technical and vocational schools operated as part of the public school system under either the State Board of Education or a local board of education. 1963-65 Op. Att'y Gen. p. 289.

Board may require that applicant for master cosmetology examination complete prescribed course of study. 1971 Op. Att'y Gen. No. 71-14.


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