CHAPTER 20:42:04
SALON AND BOOTH REQUIREMENTS
Section
20:42:04:01 Salon and booth requirements.
20:42:04:01.01 Salon in licensed nursing facility or assisted living center.
20:42:04:01.02 Salon responsible for licensees in salon.
20:42:04:02 Salon in private residence.
20:42:04:02.01 Sharing premises with barbers.
20:42:04:03 Repealed.
20:42:04:04 Salon and booth equipment requirements.
20:42:04:04.01 Electric file or drill requirements.
20:42:04:04.02 Microdermabrasion machine requirements.
20:42:04:04.03 Prohibited equipment and procedures.
20:42:04:05 Repealed.
20:42:04:05.01 Transferred.
20:42:04:06 Care and use of capes.
20:42:04:07 Procedure for handling wigs and hairpieces.
20:42:04:08 Storage for harmful supplies.
20:42:04:08.01 Prohibited products.
20:42:04:09 Display of licenses.
20:42:04:09.01 Display of educational certification.
20:42:04:10 Display of health, safety, and infection control rules.
20:42:04:10.01 Display of blood exposure rules.
20:42:04:10.02 Display of unregulated services sign in salons.
20:42:04:11 Transferred.
20:42:04:12 Transferred.
20:42:04:12.01 Transferred.
20:42:04:13 Transferred.
20:42:04:13.01 Transferred.
20:42:04:14 Transferred.
20:42:04:15 Transferred.
20:42:04:16 Transferred.
20:42:04:16.01 Transferred.
20:42:04:17 Transferred.
20:42:04:18 Transferred.
20:42:04:01. Salon and booth requirements. Any salon or booth licensed under the provisions of SDCL chapter 36-15 must meet the following minimum requirements:
(1) Provide a safe and clean place for any of the practices of cosmetology and equip it to provide service in a manner that will protect the health and safety of both employees and clients;
(2) Each item of equipment used on a client must be clean and disinfected at the time of use. After an item is soiled or used, it must be kept in a separate, closed, labeled container to prevent its reuse until cleaned and disinfected. Compliance with this subdivision requires compliance with all provisions in this chapter;
(3) Space:
(a) Salon license space: 120 square feet of working space for the first licensee and an additional 60 square feet of working space for each additional individual licensee; and
(b) Limited salon license space: 120 square feet. Common reception areas and common restrooms are permitted;
(4) Plumbing: shampoo bowls or sinks shall be connected to a central sewer system and a faucet or outlet for hot and cold running water shall be connected to the bowl or sink;
(5) Restroom:
(a) A restroom shall be within the structure of the building and be available for employee and customer use;
(b) The restroom shall contain a toilet and lavatory connected to a central sewer system, liquid soap, and disposable towels or air hand dryer; and
(c) The restroom shall be kept clean and in safe condition; and
(6) Ventilation:
(a) For all salons and booths: provide the free flow of air in a room in proportion to the size of the room and the capacity of room;
(b) For salons and booths where nail technology services are offered: a mechanical exhaust system to keep the area free from dangerous vapors.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.
General Authority: SDCL 36-15-13(4)(5).
Law Implemented: SDCL 36-15-13(4)(5).
20:42:04:01.01. Salon in licensed nursing facility or assisted living center. A nursing facility or assisted living center licensed by the South Dakota Department of Health does not need a salon license under the following conditions:
(1) A staff member or volunteer of the facility washes, sets, or trims the hair of any resident; or
(2) A cosmetologist provides cosmetology services only to residents of the facility.
Source: 29 SDR 176, effective July 1, 2003; 45 SDR 31, effective September 10, 2018.
General Authority: SDCL 36-15-13(4).
Law Implemented: SDCL 36-15-54.
20:42:04:01.02. Salon responsible for licensees in salon. A salon must ensure that any individual providing licensed services in the salon has the required booth or individual license, or both.
Source: 46 SDR 46, effective October 3, 2019.
General Authority: SDCL 36-15-13(4)(6).
Law Implemented: SDCL 36-15-2, 36-15-2.2, 36-15-17.2, 36-15-51, 36-15-56(7).
20:42:04:02. Salon in private residence. A salon may be established in a private residence, if the following conditions are met:
(1) The salon is not to be used for any residential purposes;
(2) The salon is completely separated from the residential area with a permanent, solid partition, from floor to ceiling, between the salon and the residential area. Any door in this partition shall be kept closed at all times;
(3) Any cosmetology service offered by the salon is only available within the salon;
(4) The salon has a completely separate egress to the outside of the premises; and
(5) A clean toilet facility is available for clients to use in the structure. The facility shall have a liquid soap dispenser and disposable towels or air hand dryer.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.
General Authority: SDCL 36-15-13(5).
Law Implemented: SDCL 36-15-13(5).
20:42:04:02.01. Sharing premises with barbers. An individual licensee may work on the same premises as a barber so long as the separate, applicable salon license is posted during working hours.
Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.
General Authority: SDCL 36-15-13(4).
Law Implemented: SDCL 36-15-13(4).
20:42:04:03. Minimum requirements for premises and facilities. Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.
20:42:04:04. Salon and booth equipment requirements. Each salon or booth must have the following equipment available at all times:
(1) A first aid kit readily accessible to all persons working in the salon. The kit must contain small adhesive bandages, disposable latex or hypo-allergenic gloves, gauze, and antiseptic;
(2) A 5-pound ABC fire extinguisher or its equivalent for each 1,500 square feet of space occupied by the salon. Extinguishers must be located in a readily accessible location and must always be in a condition for use;
(3) A sufficient number of electric outlets so that no cord or other electrical connection constitutes an obstacle or fire hazard to the clients or to persons working in the salon or booth;
(4) Clean, disinfected combs and brushes available for use on each client;
(5) A clean towel or linen available to be used on each client;
(6) Separate closed containers labeled for clean or soiled towels or linens;
(7) Separate closed containers labeled for used or contaminated implements;
(8) A station for each working licensee with its own clean, closed, and labeled container for storage of all clean and disinfected implements used in direct contact with clients;
(9) For each licensee practicing nail technology on a client:
(a) One nail table with a lamp;
(b) One manicure chair;
(c) One pedicure station with chairs for the client and licensee;
(d) One covered waste container that is emptied at least daily;
(e) A nail applicator brush; and
(f) Clean and disinfected buffers and files must be used on each client; and
(10) For each licensee practicing esthetics on a client:
(a) One facial chair;
(b) One additional chair; and
(c) Clean and disinfected esthetics tools and implements must be used on each client.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 46 SDR 46, effective October 3, 2019.
General Authority: SDCL 36-15-13(4)(5).
Law Implemented: SDCL 36-15-13(4)(5).
20:42:04:04.01. Electric file or drill requirements. The requirements for an electric file or drill and the attachments utilized in any nail procedure are as follows:
(1) The instrument shall be specifically designed for use on the human nail;
(2) The individual utilizing the instrument and the attachments shall provide documentary proof of compliance with subsection (1) of this section upon demand; and
(3) Instrument attachments shall be used according to the manufacturer's recommendations.
Source: 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013.
General Authority: SDCL 36-15-13(4)(5).
Law Implemented: SDCL 36-15-13(4)(5).
20:42:04:04.02. Microdermabrasion machine requirements. A microdermabrasion machine:
(1) Must be specifically manufactured and labeled for use in esthetic services;
(2) May not be modified;
(3) That uses a crystal or corundum product shall include a closed-loop vacuum system that uses a tissue retention device or a built in cannister with filter;
(4) Must be kept in a clean, disinfected, and safe manner; and
(5) May only be used in accordance with specific manufacturer directions that do not result in the removal of the epidermis beyond the stratum corneum.
Source: 29 SDR 176, effective July 1, 2003; 32 SDR 32, effective August 29, 2005; 39 SDR 129, effective January 28, 2013; 46 SDR 46, effective October 3, 2019.
General Authority: SDCL 36-15-13(4)(5).
Law Implemented: SDCL 36-15-13(4)(5).
20:42:04:04.03. Prohibited equipment and procedures. The following equipment and procedures are prohibited:
(1) Knives and straight razors;
(2) Razor-type callus shavers, credo blades, rasps, graters, and any other implements used to remove corns or calluses capable of cutting below the stratum corneum layer of the skin;
(3) Dermabrasion procedures and ultrasound equipment; and
(4) UV sterilizers and light boxes used as infection control devices.
Source: 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017; 46 SDR 46, effective October 3, 2019; 48 SDR 60, effective December 6, 2021.
General Authority: SDCL 36-15-13(4)(5).
Law Implemented: SDCL 36-15-13(5).
20:42:04:05. Required equipment -- Sanitation. Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 9 SDR 96, effective January 30, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 23 SDR 25, effective August 26, 1996; 24 SDR 2, effective July 23, 1997; 26 SDR 18, effective August 15, 1999; 28 SDR 24, effective August 28, 2001; 29 SDR 176, effective July 1, 2003; repealed, 39 SDR 129, effective January 28, 2013.
20:42:04:05.01. Infection control and safety procedures. Transferred to Chapter 20:42:05.
20:42:04:06. Care and use of capes. If capes are used in a salon or booth they must be kept clean. If separate clean capes are not used on each client, a separate clean towel, neck strip, or other similar item must be used for each client so that any item coming in contact with the client's neck is not reused from one client to another.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003.
General Authority: SDCL 36-15-13(5).
Law Implemented: SDCL 36-15-13(5).
20:42:04:07. Procedure for handling wigs and hairpieces. If wigs or hairpieces are sold in a salon or booth, the licensee must provide a covering that prevents direct contact of a client's scalp or hair with the hairpiece or wig being demonstrated or displayed.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 64, effective November 2, 1987; 29 SDR 176, effective July 1, 2003.
General Authority: SDCL 36-15-13(5).
Law Implemented: SDCL 36-15-13(5).
20:42:04:08. Storage for harmful supplies. Each salon or booth must maintain a cabinet or area for the storage of harmful supplies used in the practice of cosmetology, esthetics, or nail technology. Supplies containing any caustic or other material harmful to humans, either externally or internally, must be kept in a closed cabinet or in a separate room not used by or readily accessible to the public.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003.
General Authority: SDCL 36-15-13(5).
Law Implemented: SDCL 36-15-13(5).
20:42:04:08.01. Prohibited products. A salon or booth may not use the following products:
(1) Liquid monomer nail products containing methyl methacrylate monomers (MMA);
(2) Chemicals containing bichloroacetic acid (BCA) or any acid in any concentration level that requires a prescription or acts on living tissue;
(3) Fumigants, formalin tablets, or formalin liquids; and
(4) Roll on wax.
Source: 26 SDR 18, effective August 15, 1999; 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 43 SDR 176, effective July 3, 2017.
General Authority: SDCL 36-15-13(5).
Law Implemented: SDCL 36-15-13(5).
20:42:04:09. Display of licenses. The current salon or booth license must be prominently displayed in the salon or booth, as applicable, during all working hours. The current license of each person practicing cosmetology, esthetics, or nail technology services must be displayed in the licensee's primary working area whenever the licensee is working.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003.
General Authority: SDCL 36-15-13(4).
Law Implemented: SDCL 36-15-13(4).
20:42:04:09.01. Display of educational certification. Each licensee practicing eyelash extension services or services that use microdermabrasion machines or electric files shall display the certification of approved education provided by the commission in public view of the salon or booth.
Source: 29 SDR 176, effective July 1, 2003; 31 SDR 62, effective November 4, 2004; 39 SDR 129, effective January 28, 2013; 43 SDR 176, effective July 3, 2017.
General Authority: SDCL 36-15-13(4).
Law Implemented: SDCL 36-15-13(4).
20:42:04:10. Display of health, safety, and infection control rules. Every salon must display in a prominent place a copy of the most current applicable health, safety, and infection control rules of the commission.
Source: SL 1975, ch 16, § 1; 6 SDR 10, effective August 12, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 2, effective July 23, 1997; 29 SDR 176, effective July 1, 2003; 39 SDR 129, effective January 28, 2013.
General Authority: SDCL 36-15-13(4)(5).
Law Implemented: SDCL 36-15-13(4).
20:42:04:10.01. Display of blood exposure rules. The blood exposure rules as outlined in § 20:42:05:06 shall be posted in or near the first aid kit in the salon.
Source: 29 SDR 176, effective July 1, 2003; 43 SDR 176, effective July 3, 2017; 47 SDR 8, effective August 3, 2020.
General Authority: SDCL 36-15-13(4)(5).
Law Implemented: SDCL 36-15-13(4).
20:42:04:10.02. Display of unregulated services sign in salons. Any service offered within a salon that is not a cosmetology practice must be clearly identified as an unregulated service and listed on a sign conspicuously posted in the reception area. The sign shall state: "Unregulated Services. The following services offered by (name of salon) are not regulated by the South Dakota Cosmetology Commission: ____________________."
Source: 29 SDR 176, effective July 1, 2003.
General Authority: SDCL 36-15-13(4)(5).
Law Implemented: SDCL 36-15-13(4).
20:42:04:11. Transferred to § 20:42:06:19.
20:42:04:12. Transferred to § 20:42:06:20.
20:42:04:12.01. Transferred to § 20:42:06:21.
20:42:04:13. Transferred to § 20:42:06:23.
20:42:04:13.01. Transferred to § 20:42:06:24.
20:42:04:14. Transferred to § 20:42:06:25.
20:42:04:15. Transferred to § 20:42:06:26.
20:42:04:16. Transferred to § 20:42:06:27.
20:42:04:16.01. Transferred to § 20:42:06:28.
20:42:04:17. Transferred to § 20:42:06:29.
20:42:04:18. Transferred to § 20:42:06:30.
