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§ 163.03 Permits; Exceptions.
No person shall conduct a barber shop without a permit issued by the Commissioner. This section does not apply to a school licensed pursuant to the Education Law or regulated by the City Board of Education.
§ 163.05 Physical Facilities and Equipment.
A barber shop shall provide the following facilities and equipment:
      (1)   Washing facilities with hot and cold running water, a sanitary soap dispenser and freshly laundered individual or single-service towels for patrons and attendants.
      (2)   Receptacles, equipped with covers, which can be readily emptied and cleansed, for the deposit of soiled towels, linen and uniforms; and
      (3)   Receptacles, equipped with covers, for the deposit of hair droppings, paper, waste material and used single-service equipment.
§ 163.07 Attendants; Sanitary Habits.
An attendant shall wear a clean, washable, outer coat or uniform, and shall wash his or her hands thoroughly with hot water and soap before attending a patron and immediately after using the toilet.
§ 163.09 Patrons; Precautions and Procedures.
   (a)   The headrest of a chair used to serve a patron shall first be covered with a freshly-laundered individual towel or a single-service paper covering.
   (b)   Alum or other astringent used to stop the flow of blood shall be applied in powdered or liquid form only. The stick form shall not be used.
   (c)   No powder puff, sponge or neck duster shall be used on any patron.
   (d)   No cosmetic which is adulterated under 24 RCNY Health Code § 77.01 or which is misbranded under 24 RCNY Health Code § 77.03 shall be used on a patron in a barber shop.
   (e)   No coal-tar hair dye which contains a color from a batch which has not been certified in accordance with the Federal Food, Drug, and Cosmetic Act shall be used on a patron in a barber shop unless a preliminary skin test is first made in accordance with any directions accompanying the product. If the preliminary test results in redness, burning, itching, blisters or any other skin eruption in the area of the test, such coal-tar hair dye shall not be used. No coal-tar hair dye shall be used on a patron if the scalp or adjacent area shows evidence of abrasion, eruption or skin disease. No cosmetic containing a coal-tar color shall be used in the area surrounding the eyes, that is, the orbital area.
   (f)   No implement shall be used on or for a patron unless it is clean and sanitary.
§ 163.11 General Sanitary Procedures.
   (a)   The floor of a barber shop shall be thoroughly swept and mopped at least once daily. Hair droppings shall be removed as soon as practicable in such a manner that objectionable conditions are not created.
   (b)   Single-service towels, papers and other material shall be disposed of in the proper receptacle immediately after use and shall not again be used.
Article 165: Bathing Establishments
§ 165.01 Applicability.
   (a)   This Article shall apply to all bathing establishments as defined in 24 RCNY Health Code § 165.03 owned or operated by city agencies, or commercial interests or private entities including, but not limited to, public or private schools, corporations, hotels, motels, camps, apartment houses, condominiums, country clubs, gymnasia and health establishments. The regulations shall apply to all shower and dressing rooms, toilet facilities, filtration, pumping, piping, disinfection and safety equipment provided and maintained in connection with such bathing establishments.
   (b)   This Article shall not apply to: (1) a pool, spray features/grounds or sauna and steam rooms, within a one or two family dwelling, or a dwelling unit of a multiple dwelling, and solely for the use of the occupants for non-commercial purposes, (2) a float tank or relaxation tank used by one person at a time, (3) pools used only for religious purposes (ritual immersion), (4) spa pools used for prescribed medical therapy or rehabilitation and under medical supervision, or (5) a spray ground that uses water from the municipal water supply or a source of potable water pursuant to 24 RCNY Health Code § 141.01 without impoundment, reuse or recirculation of the water.
   (c)   A school, day care facility, or summer day camp regulated under 24 RCNY Health Code Articles 45, 47 and 48 respectively, and permitted pursuant to one or more of those Articles shall not require a permit under this Article, but shall comply with all other provisions of this Article.
   (d)   No alteration or repair or addition shall be made in a bathing establishment unless a written description of the alteration or repair or addition is submitted to the Department for review and approval prior to commencing work. Repair or remodeling of an existing permitted establishment shall be in compliance with design and construction requirements in this Article.
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